Company Response
John Garcia from
Garcia's Auto Transport and Logistics Submitted this response.
Response Date: 1/3/2020 11:36:00 PM
Garcia’s Auto Transport and Logistics are licensed by the U.S. Department of Transportation. This agreement is between the customer, (hence referred to as “Customer”), and Garcia’s Auto Transport and Logistics and allows Garcia’s Auto Transport and Logistics to contract with other licensed and insured Motor Carrier(s) to transport the vehicle(s) described in the booked shipping order by the customer.
Cancellation and Refund Policy
Customers can cancel the auto shipping order any time at no cost / no cancellation fees PRIOR to us assigning/dispatching your order to an auto transport carrier. The customer will be issued a full refund. Refunds will be processed within 24 business hours of receiving the cancellation request.
1. The cancellation of your order must be processed ONLY in writing via email sent to Garcia’s Auto Transport.
2. Once your order has been dispatched/assigned to a carrier we will notify you via the email the Customer has provided at booking.
3. If the Customer decides to cancel the order AFTER a Carrier has been dispatched/assigned, the partial payment will not be refunded and it will serve as the cancellation fee to pay for services rendered.
4. If the Customer decides to reschedule the order AFTER a Carrier has been dispatched/assigned, an administrative rescheduling fee will be assessed over the total amount of the payment to your order to pay for the newly required service.
If the Customer decides to cancel the shipping order after a Carrier has been assigned an administrative cancellation fee in the amount of the partial payment will be assessed to your order to pay for the already provided administrative service. Any remaining balance will be refunded then in full.
Terms, Contract and Liability Information
1. Carrier will pick up and deliver your car as close to your door as possible (only if legal and safe). A mutually agreed upon place to load or unload may be necessary because of narrow streets, wires, trees, and possible residential area restrictions.
2. Garcia’s Auto Transport and Logistics will provide Customers with an estimated pick-up and delivery dates. There are no guarantees about the pick-up or delivery times and dates. Delays could happen prior to, and/or during transport due to road conditions, weather and mechanical problems. Garcia’s Auto Transport and Logistics are not to be held responsible for damages or loss caused by any type of delays or any other reason, car rental fees or lodging fees. Garcia’s Auto Transport and Logistics are not to be held liable for the failure of mechanical or operating parts of your vehicle.
3. Garcia’s Auto Transport and Logistics and Carrier contracted are authorized to operate and transport Customer’s motor vehicle between its pick up location and the destination defined in the shipping order/bill of lading.
4. The vehicle must be prepared for transportation by Customer prior loading. The vehicle must be clean on the outside for the carrier to carry out a proper inspection. Any low hanging spoilers, and accessories, loose parts must be removed and/or safely secured to the vehicle. You (Customer) must remove all external not permanent mounted racks and other elements prior to shipment. Vehicles must be presented to the Carrier in good running condition (unless non-running/non-operable noted in the order) with no more than half a tank of fuel. Part of the vehicle that falls off (separates) while the vehicle is in transit is the Customer’s responsibility this including damages caused by the part to any vehicles(s) and/or person involved.
5. The customer must deactivate any vehicle alarm systems installed or provide the necessary instructions to the Carrier to disconnect. If any alarm goes on and there are no keys or instructions to turn it off, Carrier may silence the alarm by any means.
6. Luggage and personal property must be collected in one suitcase or bag in the trunk only. No heavy articles are allowed- items not to exceed 100 lbs... If personal items in the car are to exceed 100 lb. there will be an extra fee. Carrier and Garcia’s Auto Transport And Logistics are not liable for any personal items left in the vehicle, nor for damage caused to vehicle from unreasonable or improper loading of personal items. Personal property shall not be transported in customer’s vehicle(s) that includes but is not limited to alcoholic beverages, jewelry, furs, money, live pets, live plants, explosives, guns, ammunition, flammable products, narcotics, negotiable and legal papers, or any unlawful contraband. The customer agrees that Garcia’s Auto Transport and Logistics may confiscate or dispose of the mentioned items with no reimbursement. Garcia’s Auto Transport and Logistics are not to be held responsible for the delivery of personal or household property. If the Customer wants to store items in the vehicle he may do so at his own risk.
7. If the vehicle is inoperable or over-sized (dual or oversize wheels, extra-large, racks, lifted, limo), the Customer must inquire as to extra charges. If Garcia’s is not advised of inoperable or over-sized and/or modified vehicles prior to pick-up, all extra charges must be paid in cash or money order upon delivery.
8. For international orders, the car must be empty except for factory-installed equipment. The customer must indicate serial #, and give car’s approximate value in U.S. dollars. The customer is responsible for the proper customs paperwork (you can ask the assigned carrier for help with these documents). Any order booked with us that has a pick-up and/or delivery location such as Port will be subject to an additional charge of $100.00. The initial booked price doesn’t include that extra charge of $100.00.
9. Garcia’s Auto Transport and Logistics have the right to reject and/or cancel any order for any reason at any time.
10. At pick up, Customer and Carrier will fully inspect the vehicle for pre-existing damages – exterior only – and complete vehicle inspection report. The Carrier and Customer will both agree to the condition of the vehicle and the Customer will sign and receive a copy of the bill of lading and the report.
11. At delivery Customer and Carrier will carefully inspect the vehicle for transportation outside damages (if any). The Carrier and Customer will both confirm the condition of the vehicle and the Customer will sign and receive a final copy of the bill of lading and the report.
12. Carrier takes the responsibility for vehicle(s) after pre-inspection is done and signed by the Customer. Carrier responsibility ends when the vehicle(s) is delivered and the Customer has signed the final inspection report.
13. Damages must be written down in the designated place on the bill of lading and signed by the Customer, regardless of weather conditions or time of the day. When Customer signs the bill of lading and the inspection report without noting any damage this confirms/means that Customer has received vehicle(s) in satisfactory condition and that Garcia’s Auto Transport and Logistics and Carrier and their agents are relieved of any further responsibility.
14. Garcia’s Auto Transport will not be responsible for any damage caused by the acts of God such as hail or storm damage, or damages resulting from worn and/or broken parts of the vehicle or any items stored inside the vehicle.
15. Should you need to file a damage claim it must be submitted in writing within 24 hours of delivery. Garcia’s Auto Transport and Logistics will share the Carrier’s insurance policy upon your (Customer) request. As outlined in Section 10761 of the Interstate Commerce Act (49 USC 10761) the payment of freight charges shall not be postponed due to alleged loss or damage. These charges Customer must pay in full and the portion applicable to the lost or damaged item must be included in the freight claim.The following is important to remember: a) claims and payment of freight charges are two completely different and separate transactions. b) ICC regulations prohibit withholding payment of freight bills because of a pending claim (Administrative Ruling No. 128). c) without paying for the freight charges paid for transportation has not been made. Until freight charges are made, a valid claim will not be paid. The customer agrees and understands that Garcia’s Auto Transport and Logistics is a registered transportation and property broker and is acting solely in the capacity of a broker. The customer allows Broker to contract with other licensed and insured Motor Carrier(s), (hence referred to as “Carrier”), to transport the vehicle(s) described in this shipping order. Garcia’s Auto Transport and Logistics and Carrier reserve the right to use multiple modes of transportation, including but not limited to truck, rail, and ship. Customer further agrees and understands that Garcia’s Auto Transport and Logistics sole responsibility in the transaction between the customer and Garcia’s Auto Transport and Logistics is to assign a carrier for shipment of the customer’s property. The customer understands that Garcia’s Auto Transport and Logistics never takes possession of, transports, or delivers the Customer’s property. The customer agrees and understands that all claims for damage to property arising out or occurring during the taking possession of, transporting, or delivery of Customer’s property falls under the Carmack Amendment if the transport is interstate.
16. If the Customer will be absent at pick-up or delivery they should designate a person to act on their behalf and release or accept the vehicle.
17. The customer will pay the auto transport price of his/her order due to Garcia’s Auto Transport and Logistics in full and will not try to compensate for any dispute for damage claims and/or delays from freight charges. The customer is responsible to prepare any payment due to the Carrier upon delivery unless the full balance has been prepaid.
18. The payments to the Carrier must be in the form of Cash, Cashier’s check or Money order – no exceptions are allowed. If you must use certified funds they should be made payable to Carrier and not to Garcia’s Auto Transport and Logistics. Personal checks, debit or credit cards will not be accepted for the remaining balance – no exceptions are allowed. The customer agrees that if the payment cannot be made by any of these methods, the vehicle/item will be stored at the Customer’s expense until the Customer pays in full for all shipping charges. If the Customer can not receive the delivery of the vehicle(s) for any reason, the vehicle(s) will be placed in storage. Any and all storage and re-delivery charges will be Customer’s responsibility.
19. Orders booked 30 and more days prior to the shipping date are subject to rate change due to price fluctuations outside of Garcia’s Auto Transport and Logistics powers.
20. This Agreement has been formulated according to the laws of the State of Florida.
This Agreement shall be construed in accordance with the laws of the State of Florida. Any legal venue arising from this contract will be taken place in Miami-Dade County, Florida. The customer agrees to pay all legal fees associated with the contract. This choice of venue is intended by the parties to be mandatory and to prevent the possibility of litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than the specified in this section. Each party waives any right it may have to object to venue with respect to any arrangements brought in accordance with this section.