These terms and conditions govern the relationship between Navi Auto Transport, hereinafter referred to as “the Broker,” and the customer, hereinafter referred to as “the Client.”
By using the services of the Broker, the Client agrees to abide by these terms and conditions.
- Bill of Lading: This document, provided by the Carrier upon delivery, contains details of the Shipment, including its condition, origin, and destination points. It serves as a receipt or contract between the Carrier and Customer.
- Additional Services: These are additional services requested by the Customer, such as top-loading of vehicles, guaranteed pick-up dates, covered transport, or transporting personal belongings.
- C.O.D.: Collect on delivery or payment on delivery.
- Carrier: A licensed motor carrier of property as defined in 49 U.S.C. §13102(14) or a carrier of goods by sea under 46 U.S.C. § 30701.
- Carrier Form: Receipts, inspection reports, Bills of Lading, shipping orders, or similar documents provided by the Carrier at the origin and/or destination points.
- Customer: The individual, company, or entity, including its agents and representatives, arranging Shipment transportation.
- Customer’s Agent: An individual designated by the Customer, over 18 years old, to act on the Customer’s behalf.
- Destination: The designated drop-off location for the Shipment, initially chosen by the Customer or modified by mutual agreement.
- Navi: Navi Auto Transport LLC, acting as a transportation broker, arranging freight transportation through third-party Carriers. Navi is duly licensed, registered, and compliant with relevant regulations.
- Point of Origin: The designated pick-up location for the Shipment, initially determined by the Customer.
- Inoperable: The condition in which a Shipment cannot function or be driven.
- Order: The Customer’s request for Navi to arrange Shipment transportation.
- Order Confirmation: Written confirmation by Navi, confirming the Customer’s Order with Shipment details.
Navi’s services are considered complete once a Carrier accepts the Customer’s Order. It’s crucial to note that Navi operates solely as a transportation broker and does not take custody, possess, transport, or handle the Shipment. Therefore, Navi assumes no liability for the Shipment.
Navi arranges Shipment transportation by Carriers based on Customer requests, subject to these Terms. Navi may refuse or cancel Orders at its discretion.
For ocean transportation arranged by Navi, additional terms and conditions of the ocean Carrier’s bill of lading, tariff, schedules, rates, and rules apply. The ocean Carrier may offer limited liability coverage for loss or damage, and it’s the Customer’s responsibility to inquire about purchasing additional insurance.
Estimated Pickup and Delivery
Navi will provide the Customer with an estimated pickup and delivery date. However, delays may occur due to factors beyond Navi’s control, such as weather conditions, road conditions, government regulations, mechanical problems, and unforeseen circumstances. Navi cannot guarantee specific delivery dates or times. The Customer understands and accepts that Navi is not responsible for any losses or expenses arising from delays of any kind.
Pickup and Delivery of Shipment
- Location Flexibility: The Customer acknowledges that changes to the Point of Origin and/or Destination may be necessary due to factors like zoning restrictions, road conditions, closures, low-hanging obstacles, and residential area limitations.
- Alternative Pickup/Drop-off: If the Carrier encounters difficulties accessing the Point of Origin or Destination, the Customer agrees to arrange an alternative location for safe pickup or drop-off.
- Presence Required: The Customer or their designated Customer’s Agent must be present at both the Point of Origin and Destination for pickup and/or delivery. In case the Customer is unavailable, they must appoint a trusted individual as their Customer’s Agent.
- Inspection at Pickup: Upon pickup at the Point of Origin, the Customer or Customer’s Agent must thoroughly inspect the Shipment with the Carrier for pre-existing damage. Any such damage should be noted on the Carrier Form or Bill of Lading, and the document should be signed. It’s recommended to take photographs of the Shipment from all angles at this stage.
- Inspection at Delivery: Upon delivery at the Destination, a comprehensive inspection of the Shipment should be conducted in the presence of the Carrier. Any new damage must be documented as an exception on the Bill of Lading. The Customer or Customer’s Agent should sign the Bill of Lading and request a final copy. Taking photographs of the Shipment from all angles before signing is advised.
- Acknowledgment: The Customer understands that signing the Carrier’s Form or Bill of Lading at the Destination without notating any damage confirms the Shipment was received in satisfactory condition. In such cases, Navi and the Carrier bear no further responsibility regarding the Shipment’s condition.
- Accuracy of Information: The Customer is responsible for ensuring the accuracy of all provided details, including the Shipment description (year, make, model, body style, trim, etc.), Point of Origin, Destination, fees, and special instructions in the Order Confirmation. Changes or corrections may result in additional fees or Order cancellation. Navi is not liable for discrepancies between the Shipment and the information in the Order Confirmation.
- Shipment Size and Condition: The Customer must inform Navi about Shipment size and condition before the scheduled pickup date. This includes notifying Navi if the Shipment becomes inoperable during transit or if it has specific features, modifications, or oversized elements. Additional fees may apply.
- Preparing the Shipment: The Customer must prepare the Shipment for transportation by securing or removing loose parts, accessories, and luggage racks. The Shipment should be operable and have no more than a quarter tank of fuel. The Customer is responsible for any damages or losses caused by loose parts during transport.
- Alarm: The Customer must disarm any installed alarm system or provide instructions for its deactivation. In case of an activated alarm during transit without instructions, the Carrier may silence it using reasonable means.
- Personal Property: The Customer may place personal property weighing up to 100 lbs. in the Shipment’s trunk or storage area, but they must inform Navi and the Carrier. The Carrier may reject personal property that poses safety risks. Valuables should not be left in the Shipment, and neither Navi nor the Carrier is liable for such items or improper loading.
- Prohibited Items: The Customer agrees not to load explosives, firearms, flammable products, live pets, contraband, drugs, alcohol, or illegal goods. Violating this may result in confiscation, disposal, or Order cancellation. The Customer is solely responsible for any associated fees, fines, or liabilities.
- Shipment by Sea: For sea transportation, no personal property is allowed, except OEM equipment. The Customer must provide required documents and the vehicle identification number (VIN). Additional fees may apply if the Point of Origin or Destination involves a shipping port.
The Customer warrants:
- Compliance with Laws: They will comply with all applicable laws, rules, and regulations, including customs and import/export laws. The Customer will provide necessary information and documents for compliance. Navi is not liable for losses due to the Customer’s non-compliance.
- Authority: Any Customer’s Agent or entity acting on behalf of the Customer has the authority and legal capacity to bind the Customer to these terms.
- Pickup and Delivery: The Carrier will make every effort to pick up and deliver the Shipment as close to the specified locations, such as the door or designated Point of Origin and Destination, in a legal and safe manner.
- Transportation: The Carrier will transport the Shipment in a commercially reasonable manner, ensuring proper handling and care during transit.
- Documentation: The Carrier may provide documents like a Carrier Form, receipt, or Bill of Lading at the Point of Origin and/or Destination. Customers must carefully review and understand these documents, as they may serve as a contract of transportation between the Customer and the Carrier. Any disputes or questions should be addressed directly with the Carrier.
- Additional Terms: Customers may also be subject to the Carrier’s terms and conditions, tariffs, rules, or classifications. It’s the Customer’s responsibility to request and obtain these documents directly from the Carrier for reference and understanding.
Cancellation and Refund Policy
- Cancellation Before Carrier Acceptance: Customers may cancel an Order without incurring any cost or cancellation fees if the Order has not yet been accepted by a Carrier.
- Cancellation After Carrier Acceptance: If an Order is canceled after a Carrier has accepted it due to reasons such as Customer cancellation, Customer breach of the TERMS, or denial of pick-up by the Carrier at the Point of Origin, the Customer will be responsible for a minimum cancellation fee of $99. Additional cancellation fees, including dry run fees imposed by the Carrier or other vendors involved, may apply.
- Refunds: Refunds will only be provided for the unfulfilled portion of the services. In cases where Additional Services were paid for but not rendered, and the Shipment was delivered, the Customer’s sole remedy will be a refund for the unfulfilled portion of the Additional Services fees.
- Cancellation Request: To cancel an Order, the Customer must submit a written cancellation request via email to [email protected]. Please note that cancellations made via telephone, text, chat, or any other medium will not be accepted.
Fees and Payment
- Payment Responsibility: The Customer is responsible for full payment of all amounts due for each Order, including Additional Services, as stated in the Order Confirmation and these TERMS. Payment must be made in full without offsets or reductions, regardless of claims, losses, delays, or damages.
- Payment Timing: Payment for Navi’s services is due once a Carrier accepts an Order, as services have been rendered at that point.
- C.O.D. Payment: For C.O.D. balances due to the Carrier, payment must be made in cash, certified funds, cashier’s check, or money order payable to the Carrier. Personal checks, debit, or credit cards are not accepted.
- Interest and Collection: Outstanding invoices for Navi services will accrue interest at a rate of 2% per month. Customer will also be responsible for Navi’s expenses, including attorney’s fees, in collecting outstanding charges.
- Storage Fees: If the Customer refuses to pay fees or accept delivery, resulting in the need for storage, the Customer will be responsible for storage fees. The Carrier may place the Shipment in storage at the Customer’s expense, retaining a lien on the Shipment until the outstanding balance is paid in full. Any storage and redelivery charges incurred are the Customer’s responsibility, and Navi is not liable for reimbursing such charges.
Loss, Damage, or Delay Claims
- Liability: Navi, as a property transportation broker, does not assume liability for cargo loss or damage claims. In the event of a claim for loss or damage to a Shipment, the Carrier, not Navi, is responsible and liable.
- Claim Reporting: If the Customer decides to file a claim against the Carrier, it is essential to report the claim to Navi promptly, preferably within 48 hours of delivery. Navi will provide the Customer with relevant Carrier-related documents in a commercially reasonable manner.
- Exclusions: Please note that Navi and the Carrier are not liable for cargo loss or damage resulting from circumstances beyond their control, including but not limited to weather conditions, acts of God, riots, strikes, political unrest, acts of terrorism, or damage caused by loose, worn, or broken parts of a Shipment, or personal items included in the Shipment.
Limitation of Liability
- Total Liability: Navi’s cumulative liability for all claims and damages, regardless of the legal basis, shall not exceed the total fees paid by the Customer to Navi for its services under the respective Order Confirmation.
- Warranty Disclaimer: Except as otherwise stated herein, Navi disclaims all warranties or representations, expressed or implied, including implied warranties of title, non-infringement, merchantability, fitness for a particular purpose or use, and warranties arising from course of dealing, usage, or trade practice.
- Exclusion of Damages: Under no circumstances shall Navi be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages, including damages for loss of business, lost profits, litigation, or the like, arising out of or in any way related to a Shipment or these Terms, even if advised of the possibility of such damages.
The Customer agrees to indemnify, defend, and hold harmless Navi, its employees, officers, and directors from all losses, liabilities, damages, settlements, judgments, penalties, fines, expenses (including attorney’s fees), costs, suits, actions, and claims brought by any person or entity. This includes claims for injury or death of persons, damage to property (including real property and the environment), and any other claim arising from the acts or omissions of the Customer, its agents, employees, or representatives.
In the event of a dispute, claim, or controversy between Navi Auto and the Customer relating to these TERMS, an Order, Navi Auto’s services, or any other engagement with Navi Auto (“Dispute”), and if Navi Auto is unable to resolve the Dispute through other means, the Customer agrees to resolve the Dispute through mandatory arbitration. The arbitration will follow the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) and the Supplementary Procedures for Consumer-Related Disputes.
The Customer agrees to maintain the confidentiality of all non-public information received from Navi Auto and to use it solely for the purpose of the agreed services. This obligation of confidentiality shall continue even after the termination of these TERMS.
- Governing Law: These TERMS and the agreement between the parties shall be interpreted in accordance with Title 49, United States Code, and the laws of the State of Illinois.
- Independent Contractor: Navi Auto shall operate as an independent contractor in relation to the Customer, and nothing in these TERMS shall suggest otherwise.
- Assignment: The Customer may not assign any rights under these TERMS without the prior written consent of Navi Auto, except as expressly stated. These TERMS are binding upon and benefit the parties and their respective successors and assigns.
- Severability: If any provision of these TERMS is found to be invalid or unenforceable, it shall not affect the validity or enforceability of the remaining provisions.
- Entire Agreement: These TERMS supersede all prior written or oral agreements and constitute the entire agreement between the Customer and Navi Auto. Any changes to these TERMS must be made by Navi Auto. By proceeding with the transaction, the Customer acknowledges having read and fully understood these TERMS and agrees to be bound by them.
- Waiver of Claims: The Customer waives any claims or defenses based on their failure to read, comprehend, or understand these TERMS in their entirety.