1. The customer understands that the carrier, jointly and separately, is authorized to operate and transport his or her vehicle between its pickup location and the destination.
2. The customer hereby agrees to the service terms provided by SMRK SERVICES, INC. The customer authorizes a small deposit to be paid to SMRK SERVICES INC. via a credit or debit card or P2P payment networks. This down payment facilitates the arrangement of a dedicated carrier for his or her vehicle shipment. The customer further understands that any remaining balance is due on delivery and that it must be paid in full via cash to the authorized transporter or carrier. The customer understands that the deposit is fully refundable for any reason before his or her vehicle is dispatched or assigned to the authorized transporter or carrier and before the carrier's name, contact information, and pickup and delivery dates are emailed or texted to him. Once his or her vehicle or order has been dispatched or assigned to the carrier, the down payment becomes non-refundable and is considered to be earned by SMRK SERVICES INC., with no exceptions.
3. When shipping a vehicle, adhering to the carrier's specified weight limit is essential. Typically, a maximum of 100 lbs of additional cargo is allowed alongside the vehicle. Exceeding this weight limit compromises safe and efficient transportation, potentially leading to additional charges or, in extreme cases, cancellation of the shipment. To avoid delays or penalties, please ensure cargo weight does not exceed the allotted 100 lbs.
4. The customer may cancel the order and get a partial refund of the deposit up to the point of, and during, that verification or dispatch call. After the verification or dispatch is completed and the customer agrees to move forward with the transport, the deposit becomes non-refundable. In situations where the pickup gets rescheduled, like if a carrier is sent out and the vehicle is not ready or if the customer or shipper is unavailable for pick-up or delivery, there will be an additional rescheduling fee of up to $125, and the initial deposit will be non-refundable. (If a driver cancels, SMRK SERVICES INC. will promptly assign a replacement driver to ensure uninterrupted service. Please note that no refund will be issued in this scenario. If SMRK Autoship fails to provide a replacement driver, a full refund of the deposit will be issued to the Customer)
5. SMRK SERVICES INC. agrees to transport the vehicle(s) described in the transportation quote provided on or about the dates requested. SMRK SERVICES INC. agrees to make every reasonable effort to comply with pickups and deliveries in the timeliest manner. However, given the nature of trucking, specific times and dates of pickup and delivery cannot be guaranteed. Unexpected delays and changes can occur due to carrier schedules, mechanical failure, inclement weather, and acts of God, among other unforeseen circumstances. SMRK SERVICES INC. will not be responsible for any charges or liabilities incurred due to a delay in pickup or delivery. This includes airline tickets, rental car fees, storage fees, or any loss associated with. The customer will be given the carrier's schedule at the time of dispatch.
6. The customer agrees not to contract with any other broker or carrier during the time corresponding to their shipping option. Any customer found working with another broker or Carrier Company during this period is subject to a non-refundable deposit fee. Having multiple transport companies assist with the same move hinders the process, and SMRK SERVICES INC. refuses to participate when other transport companies are involved.
7. Contracted carriers provide door-to-door transport if the truck driver can physically reach the pick-up and delivery addresses. If access to the pickup or delivery location is restricted by narrow streets, low-hanging trees, or tight turns, the driver may ask that you meet the truck at a large parking lot nearby, such as a grocery store.
8. The customer acknowledges that the quoted price is an estimated or real-time market price, and shipping timeframes and rates are subject to change. In the event that the price is increased, SMRK SERVICES INC. will contact the customer first to advise them of the increased price and, after their acknowledgment, have the right to proceed. However, the customer reserves the right to refuse a price increase and may request a full refund of the deposit.
9. Carriers are not licensed or insured to transport any personal or household goods and are hence not liable for damage caused to the vehicle by excessive or improper loading of personal items. These items must be put in the trunk and kept to a limit of 100 lbs. Any exceptions must have been previously discussed and approved by SMRK SERVICES, INC. If not, personal belongings exceeding that weight will incur additional charges. Personal belongings are not covered by insurance. Customers ship their personal belongings at their own risk. SMRK SERVICES INC. and any subcontractors are not responsible for any personal belongings. Any misrepresentation of the personal belongings and vehicle make and model will result in a change of price and/or a dry run fee of $150 if a carrier is made to attend the scene of the pickup and the shipment is different from expected.
10. Vehicles must be tendered to the carrier in good running condition with no more than a half tank of fuel. The carrier will not be liable for damage caused by leaking fluids, battery acids, cooling systems, antifreeze solutions, antennas not tied down, industrial fallout, or fallout resulting from acts of nature and/or acts of God. Mechanical malfunctions in the exhaust system, alignment, drivetrain (including differentials, transfer cases, transmission, and engine), or suspension are not covered, as inspections of these items are not practical at the time of shipment. Damages to the exteriors of a vehicle where the paint is not broken, paint scrapes 1" long or less, or an isolated “chip” in the paint are not covered. This also includes paint swirls, flat tires, or missing hubcaps. Any claim for loss or damage must be noted and signed on the condition report at the time of delivery.
11. Trucking damage claims are covered by carriers from $100,000 up to $250,000 in cargo insurance per load and a minimum of 3/4 of a million dollars in public liability and property damage. Any damage incurred to a vehicle during transport falls directly under the responsibility of the carrier and not SMRK SERVICES, INC. All carriers contracted have insurance to cover damage caused by the driver or theft during transport. If damage is done, SMRK SERVICES INC. will provide the customer with a full insurance packet for the carrier to file a claim. All claims must be noted and signed for at the time of delivery and submitted in writing within 24-48 hours of delivery.
12. The customer should under no circumstances release or receive vehicle(s) from a carrier without an inspection report (Bill of Lading/BOL), regardless of the time of day or the weather conditions. Signing the Bill of Lading at the time of delivery without any notation shall be evidence of satisfactory damage-free delivery of the vehicle and the customer’s inability to file a damage claim. . Carriers' insurance will only process claims for damages due to the carrier’s own negligence. Damage must be reported to SMRK SERVICES INC. within 24-48 hours of delivery and must be clearly listed on the bill of lading (BOL) and signed by the driver.
13. By entering the credit card information online, paying online, or giving it to an SMRK SERVICES INC. representative over the phone, it is deemed that the customer is the legal cardholder or has the permission of the cardholder and authorizes both the deposit and remaining balance to be charged to the card. The customer warrants that he or she will pay the price quoted for delivered vehicles and will not seek to charge back a debit or credit card. The customer authorizing transport is the legal owner and/or has permission to transport the vehicle. SMRK SERVICES, INC. will not be held liable for any transportation of stolen vehicles.
14. This agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. The parties further agree that any legal action arising out of this agreement must be filed in a court of jurisdiction, and SMRK SERVICES INC.'s liability is limited to the amount of the deposit fee only. The customer hereby submits to the jurisdiction of such courts and waives any right to jurisdiction in any other location.
