Hyperion Auto Logistics LLC (HAL) Auto Transport Shipping Order Terms and Conditions

Hyperion Auto Logistics LLC

1. Introduction

This document contains and specifies the full Auto Transport Order Terms and Conditions of Use and Service "Agreement" of Hyperion Auto Logistics LLC. HAL is licensed by the Department of Transportation (DOT) as an auto transport broker. HAL functions as an auto transportation broker "Agent" between Customers (including Customer's authorized agent), and Carrier.

2. Definitions

1. HAL: Hyperion Auto Logistics LLC ("HAL") is a New York corporation with its principal office or place of business at 40 Sutton Pl, 2F, New York, NY 10022. HAL refers to the corporation itself including all employees, directors, managers, agents, officers, and staff of Hyperion Auto Logistics LLC.
2. Carrier: Shall refer to contracted, third-party trucking companies, and individuals who own or operate a truck for the purpose of transporting Customer's vehicle, are properly registered with the U.S. DOT, and carry proper insurance required by law.
3. Additional Services: means upgrades and additional services ordered by the Customer such as vehicle top-loading, guaranteed pick update, covered transport, additional personal belongings, etc.
4. C.O.D.: means collect on delivery or payment on delivery.
5. Customer's Agent: means an individual over the age of 18 designated by Customer to act on Customer's behalf or as an agent.
6. Point of Origin: means the Shipment pick-up location designated by the Customer or as later modified by mutual agreement between HAL and the Customer prior to transport.
7. Shipment: means the Customer's property — an automobile or motorized vehicle — arranged for transportation in accordance with these TERMS.
8. Open Transport: Refers to all trucks that have an open trailer. Open trailers are more susceptible to potential damages, and the price for an open carrier is less than an Enclosed.
9. First Available Date (FAD): The first day a vehicle is available for pickup by an auto transport carrier. In other words, it's the first day a customer can let the vehicle go or be picked up by a carrier.
10. Pickup Window: The time period in a number of workdays that a carrier has available to pick up a vehicle for shipment after the FAD.
11. Business Days: Shall mean Monday to Friday. It does NOT include weekends and national holidays.
12. Order: Refers to a commitment of Customer to HAL to coordinate shipment of Customer's vehicle subject to the terms of this Agreement.
13. Bill of Lading: Refers to the document signed and dated by the Customer and Carrier at the time of pickup and delivery. Two (2) copies shall be signed at the point of pickup, and two (2) copies shall be signed at the point of delivery. Each bill of lading shall be signed and dated both by Carrier and Customer. The report of the inspection of the vehicle is listed on the bill of lading, including but not limited to: scratches, damages, number of keys, make and model of car, date of pick-up, and estimated date of delivery. It is the responsibility of the Customer to make sure that a bill of lading is filled out, and a proper inspection is done after delivery.
14. Personal Goods/items: Refers to any and all additional items placed in or attached to Customer's vehicle. It does NOT include necessary items required for regular day-to-day use of the vehicle such as jack, jumper cable, one spare tire, and alike.

15. Customized or Oversized Vehicle:

Refers to vehicles longer than 16 feet, vehicles with a camper or racks, vehicles that are altered, raised, or redesigned in a manner that substantially changes the vehicle in terms of size, look, or shape compared to a normal/stock vehicle of that type.

16. Inoperable Vehicle:

Refers to vehicles that either require repair to make it operable or need extra effort when loading and unloading to and from Carrier's truck.

17. Customer:

Refers to anyone using HAL's services in any manner. This includes Customer's agents directly or indirectly appointed, and assignees authorized to function on behalf of Customer either by law or other regulatory authorities.

3. Services

Shipment Categories. HAL mainly offers two types of services for shipping vehicles. The services are the Economy Saver Rate (ESR) and Guaranteed First Class Rate (FCR). Below are detailed explanations of each category.

a. Saver Rate. Economy Saver Rate (ESR): ESR is a SAVINGS shipping option where HAL will make every possible effort to find a Carrier to ship the vehicle at the estimated rate approximately but not guaranteed within seven (7) full work days after the FAD for pickup. However, the Customer understands and agrees that this option is a discounted rate whereby HAL negotiates with carriers to accept vehicles. Chances of acceptance by carriers at this rate may range from 5% to 30% depending on any number of factors such as prevailing economic conditions and the time of the year. Usually, HAL's initial quotes fall into this category and if a customer wants to upgrade, a responsible agent needs to be notified to give a guaranteed rate.
HAL will incrementally increase the price if no carrier shows interest in a lower price, but customers may accept or decline offers from the carriers for higher prices. It is important to note that the timelines specified are NOT absolute, and are subject to normal weather conditions, and normal operations of the Carrier. If HAL is unable to secure a Carrier within the estimated time for the estimated amount, and the Customer is unwilling to increase the price, HAL reserves the right to cancel the order, without further liability on the part of HAL.

b. Guaranteed Rate. First Class Rate (FCR): The rate quoted for this option is GUARANTEED and will not increase. The FCR has a GUARANTEED set day or next day pick-up window agreed between the customer and HAL. This timeline starts after the first-day vehicle is available for pickup. HAL will compensate the carrier should an increase in price occur. If vehicles are not picked up within the time frame specified, HAL will incrementally increase the carrier payment, but such an increase will not affect the price quoted to the customer.

a. In all types of orders, if Carrier fails to pick up or deliver a vehicle within the aforementioned time frame due to unforeseen incidents beyond the control of Carrier and HAL (including but not limited to death, accident, orders of law enforcement, the act of nature) or any other legitimate reason, HAL will make a reasonable effort to find another substitute Carrier within the pickup window specified as soon as practically possible.

b. Route Used by Carriers: Customer understands and agrees that Carrier, using good faith and sound judgment, will transport the vehicle from point of origin to the destination by the suitable route and does not agree to any specific routing and/or method of transport in order to meet any specific schedule or expectation of the Customer.

c. If the Customer, for any legitimate and unforeseeable reason, is unable to release the vehicle when a carrier was ready to pick it up on the day marked as available by the customer, all guarantees are void. In this case, HAL shall try to find another substitute Carrier based on acceptance rate; provided, however, if the next available Carrier asks for more payment the customer will be liable for the extra payment. If Customer does not accept and/or Customer wants to cancel the contract, Customer understands and accepts that he/she pays one hundred and ninety-nine dollars ($199) as a cancellation fee to HAL for services rendered in addition to the amount the carrier may require for breach of contract.

d. Upon Customer's request, HAL will arrange for the transportation of Customer's Shipment by Carriers subject to these TERMS. HAL reserves the right, in its sole discretion, to refuse or cancel any Order at any time.

e. HAL's services are deemed completed when a Carrier has accepted Customer's Order.

f. Customer understands and accepts that HAL (I) operates only as a transportation broker, (II) is not a motor carrier or transporter, and (III) does not hold itself out as providing the transportation of property.

g. Customer expressly understands and agrees that HAL never takes custody or possession of, transports, or handles Customer's Shipment, or assumes any liability for the Shipment.

h. HAL shall provide Customer with an estimated pickup and estimated delivery date, however, delays may occur prior to, and/or during transport due to weather or road conditions, government regulations, mechanical problems, and other causes that are beyond HAL's control. HAL cannot and does not guarantee delivery dates or times. The customer understands and accepts that HAL is not - responsible or liable for any losses or expenses caused by delays of any kind or for any reason.

i. Customer hereby authorizes HAL and Carrier to use the information provided to contact Customer by phone, email, or any other acceptable means for the purpose of performing obligations under this Agreement including but not limited to the arrangement of pick up, and delivery of the vehicle, securing any payments Customer defaulted, and any other acceptable and justified reasons.

4. Customer's Responsibility

1. Accuracy of Information. The customer understands and accepts that only the Customer is responsible to ensure the accuracy of all the details including the description of the Shipment (year, make, model, body style, trim, etc.), Point of Origin, Destination, fees, and special instructions in the Order Confirmation, and as applicable, on the Carrier's Form, Bill of Lading, or other required documents. Any changes or corrections to the Shipment description or any other changes to an Order may result in additional fees or cancellation of the Order. The customer waives all claims against HAL for any additional charges or cancellation if the Shipment does not match the Shipment listed in the Order Confirmation.
2. Shipment size and condition. The customer must inform HAL about the Shipment's size and condition at the time of booking and prior to dispatching the order to Carrier. The customer understands and accepts that if the Shipment or becomes inoperable during the transit, or if the Shipment (i) is modified from the original equipment manufacturer ("OEM") condition with features including but not limited to aftermarket spoilers, lowered chassis, height modifications, etc, (ii) is oversized due to but not limited to dual or oversized wheels, extra-large tires, racks lifted chassis (iii) is a large vehicle such as a limousine or a hearse, then the Carrier may charge additional fees to transport such Shipment or refuse to transport the Shipment altogether.
3. Preparing Shipment. The customer understands and accepts that the Customer is responsible for preparing the Shipment for transportation. Customers must either secure or remove all loose parts, fragile accessories, low-hanging spoilers, etc. prior to shipment. The customer must remove all non-permanent, outside-mounted luggage and other racks prior to shipment. Shipment must be tendered to Carrier in operable condition with no more than a quarter tank of fuel. Customer understands and accepts that Customer is responsible for any damages, losses, and claims to the Shipment, other vehicles, and/or persons which are caused by any part of the Shipment that becomes loose or detached during the transport.
4. Customer must disarm any alarm system installed in the Shipment or provide clear instructions for disengaging it to the Carrier. In the event, such an alarm is activated during the transit, and there are no keys or instructions to turn it off, Carrier may be forced to silence the alarm by any reasonable means available and without recourse by Customer.
5. Personal Property. Customer may leave one suitcase OR one bag carrying personal property which shall not exceed one hundred pounds (100 lbs.) and must be confined to the trunk or storage area of the Shipment. The customer must notify HAL and Carrier of such personal property in the Shipment at the Point of Origin prior to loading the Shipment. The customer understands and accepts that the Carrier has the right to reject any personal property in the Shipment if transporting such personal property is unsafe or violates the law. The customer is advised not to leave any negotiable instruments, legal papers, jewelry, furs, money, cash or currency, antiques, or any valuable articles in the Shipment. The customer understands and accepts that the Carrier and HAL are not liable for personal items of any kind and value left in the Shipment, or for damage to the Shipment caused by excessive or improper loading of personal items. If Customer puts the personal property in the Shipment, Customer does so at Customer's own risk.
6. International Shipments. For overseas shipments (including Hawaii, and Alaska) vehicles must be empty, except for factory-installed equipment. Any article left in the vehicle will be removed at the shipper's expense. The vehicle must be tendered in good running condition with no more than a half tank of fuel. It is the customer's responsibility to prepare the vehicle for shipment (washing the car, getting the booking number, getting the weight ticket).

7. Prohibited Items.

Customer understands and accepts that Customer is expressly prohibited from loading any explosives, guns, ammunition, weapons, flammable products, live pets, live plants, any contraband, drugs or narcotics, alcoholic beverages, and or any illegal goods in the Shipment. Customer understands and accepts that upon discovery, such prohibited items and/or the Shipment may be confiscated or disposed of by law enforcement, or the Carrier and the Order may be canceled in entirety without any remuneration or compensation to the Customer and the Customer will be solely responsible for any fees, fines, damages, or other liabilities arising from a violation of this Section.

5. Customer Warranties

Customer warrants that Customer will comply with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws, and governmental regulation of any country to, from, through, or over which the Shipment may be carried. The customer agrees to furnish such information and documents as necessary to comply with applicable laws, rules, and regulations. HAL assumes no liability to Customer or to any other person for any loss or expense due to Customer's failure to comply with this provision. Any Customer's Agent and/or entity acting on behalf of Customer also warrants that it has the right to act on behalf of Customer and the right to legally bind Customer.

6. Pickup and Delivery of Shipment

1. Customer understands and accepts that change to Point of Origin and/or Destination may be necessary due to municipal zoning restrictions, road conditions, road closures, low-hanging trees, low-hanging wires, narrow streets, residential area restrictions, etc.
2. If the Carrier is unable to access the Point of Origin or Destination, the Customer agrees to meet the Carrier at an alternate location in order for the Carrier to safely pick up or drop off the Shipment.
3. Customer must be present at the Point of Origin and Destination for the pickup and/or delivery of a Shipment, or The customer must designate a Customer Agent if the Customer is unavailable for any reason.
4. At the time of pickup at the Point of Origin, the Customer or Customer's Agent agrees to 1) carefully inspect the Shipment with the Carrier for pre-existing damage, and 2) acknowledge the condition of the Shipment by a) noting any pre-existing damage on the Carrier Form or Bill of Lading, b) signing the Carrier Form or Bill of Lading, and c) requesting a copy of the same from the Carrier. The customer or Customer’s Agent is also urged to photograph the Shipment from all angles at the Point of Origin.

5. At the time of delivery at the Destination, the Customer or Customer Agent agrees to carefully inspect the Shipment in the presence of the Carrier for possible transit damage and clearly note any new damage as an exception on the Bill of Lading. The customer or Customer's Agent agrees to sign and require a final copy of the Bill of Lading signed by the Carrier to serve as a final Shipment condition report, especially in case of a dispute with the Carrier. Again, The customer or Customer’s Agent is urged to photograph the Shipment from all angles prior to signing the Bill of Lading.
6. Customer understands and accepts that Customer's or Customer Agent's signing of the Carrier's Form or Bill of Lading at Destination without any notation of any damage regardless of the lighting or weather conditions at the time of inspection will serve as confirmation that the Customer received the Shipment at the destination in satisfactory condition and that HAL and the Carrier will have no further responsibility.
7. Delayed Delivery: HAL shall use its best efforts to schedule the Carrier to pick up and deliver the Customer’s vehicle within the scheduled time. If Carrier fails to deliver the vehicle within 15 days from the date of promised delivery the vehicle has to be subjected to insurance claims as theft, loss, or damages.
8. Should any claim arise from or be related to transporting and delivery of Customer’s vehicle, any balance due to The carrier must be paid in full before the claim shall be honored; provided, however, that claimed damage shall be noted on the delivery bill of lading before tendering any COD payment.

7. Carrier Responsibilities

   1. Carrier shall (i) pick up and deliver Customer's Shipment as close to Customer's door or Customer's designated Point of Origin and Destination as legally and safely possible, and (ii) transport the Shipment in a commercially reasonable manner.
   2. Carrier may issue a Carrier Form, receipt, or Bill of Lading at the Point of Origin and/or Destination. Customer or The customer's Agent agrees to read such Carrier Form carefully as may constitute a contract of transportation as between Customer and Carrier, and Customer will contact Carrier directly with any disputes or questions regarding such documents.
   3. Customer understands and agrees that Customer may also be subject to the Carrier's terms and conditions of service, tariffs, rules, or classification, copies of which must be requested by the Customer directly from the Carrier.
   4. Customer understands that shipment damage claims are covered by carrier from $100,000 up to $250,000 cargo insurance for all shipments loaded on the hauling equipment of the carrier. Also, carriers are required to maintain a minimum of $750,000 public trucking liability coverage. The customer understands that it is solely the carrier's responsibility to maintain the abovementioned insurance coverage throughout the entire shipment duration.
   5. Customer understands that HAL does not carry any insurance specifically related to the Customer's shipment and does not assume any liability for the Shipment.

8. Fees and Payment

   1. Customer agrees to pay service fee once the shipment is scheduled and the rest on the delivery spot to the driver in cash as per the terms of the Order Confirmation and these TERMS without any offsets, chargebacks, or reductions by Customer for any actual, pending, or unfiled claims, losses, delays, or damages. Payment for HAL's services is due when a Carrier accepts an Order as HAL's services have been rendered at that point.
   2. All payments for the balance due to Carrier for C.O.D. must be made on or before the delivery of the Shipment in the form of cash or any certified funds. Customers WILL NOT use personal checks, debit or credit cards when making payments to the Carrier.
   3. If Shipment is placed in storage due to Customer’s refusal to pay the fees or accept delivery from the Carrier for any reason, then the Shipment may be placed in storage at the Customer's expense and subject to Carrier's lien for transportation charges until Customer pays in full the outstanding balance. Any and all storage and redelivery charges will be the responsibility of Customer and Customer agrees that Customer will not look to HAL for reimbursement.
   4. Use of Customer’s Information: HAL places Customer's credit card information on file and ensures the Customer of its security. HAL will not charge the Customer any amount unless a bid is successful or a contract is formed as indicated. The customer understands and agrees that the Customer's credit card will be immediately charged when a contract is formed.
   5. Customer warrants that he/she will not seek to charge back a credit card or payments processed by any method or stop a check payment to offset any dispute for damage claims. In case a customer chargebacks a transaction after service is rendered to the customer, HAL may use whatever legal means justified to recover the fee. Further, HAL may share any and all customer information with the collection agencies, and law enforcement, and seek legal counsel. The customer will be liable for any and all costs including but not limited to attorneys fees, chargeback fees, and other incidental fees.

9. Cancellation and Refund Policy

   1. Customer may cancel an Order at any time at no cost or cancellation fees as long as the Order has not yet been accepted by a Carrier. If the Order is canceled for any reason after a Carrier accepts the Order, such reasons including but not limited to Customer canceling an Order, HAL canceling an Order due to the Customer's breach of these TERMS or if the Carrier is denied pick up of the Shipment for any reason when the Carrier arrives at the Point of Origin, then the Customer agrees to pay a minimum of one hundred and ninety-nine dollars ($199) in cancellation fees as HAL's services have been rendered at that point. The customer understands and accepts that the Customers may be subject to additional cancellation fees including but not limited to a dry run fee imposed by a Carrier and other vendors contracted to fulfill Customer Orders.
   2. HAL reserves the right to try up to 3 times to find a substitute carrier to pick up the customer's vehicle if the carrier assigned cancels the order. Only after the 3rd unsuccessful try, the customer will be able to cancel and get a full refund from HAL.

10. Indemnification

    The customer agrees to indemnify, defend and hold HAL and their employees, officers, and directors harmless from and against any and all losses, liabilities, damages, payments, settlements, judgments, penalties, fines, expenses, (including attorneys’ fees), and costs, suits, actions, and claims (whether actual, potential, threatened, or pending), brought by any person or entity, including damages for injury or death of persons and/or damage to property, including real property and/or the environment, claim liability and damages, arising from the acts or omissions of Customer, its agents, employees or representatives.

11. Limitation of Liability

    1. The total cumulative liability of HAL for any and all claims and damages, whether arising from statute, contract, tort, or otherwise, shall not under any circumstances exceed the total fees paid by Customer to HAL for HAL's services under the respective Order Confirmation.

    2. EXCEPT AS OTHERWISE PROVIDED HEREIN,HAL MAKES NO WARRANTIES FOR ANY OF ITS SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM THE COURSE OF DEALING, USAGE OR TRADE PRACTICE.

    3. UNDER NO CIRCUMSTANCES WILL HAL BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO A SHIPMENT OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Arbitration

    In the unlikely event, HAL is unable to resolve a Customer dispute, claim, or controversy arising out of or relating to these TERMS, an Order, HAL's services, or any other Customer engagement with HAL ("Dispute") including Disputes that accrued before Customer accepted these TERMS, then Customer agrees to resolve all such Disputes through mandatory arbitration. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA's Consumer Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes.

13. Miscellaneous

    1. HAL shall be an independent contractor with respect to Customer, and nothing herein contained shall be construed to be inconsistent with such relationship or status.

    2. Except as expressly set forth in these TERMS, Customer may not assign any rights hereunder without HAL's prior written consent. These TERMS are binding on and inure to the benefit of the parties and their respective successors and assigns.

    3. The invalidity or unenforceability of any provision of these TERMS shall not affect the validity or enforceability of any other provisions herein.

    4. These TERMS supersede all prior written or oral representations and constitute the entire agreement between Customer and HAL may not be changed by anyone except for HAL. Customer warrants that Customer has read these TERMS in their entirety and by continuing with the transaction, fully understands and agrees to them.

    5. Customer waives any claims or defenses based in whole or in part on Customer not having read, not knowing, or not understanding these TERMS.