TERMS AND CONDITIONS
1. ACCEPTING THESE TERMS
This document, our rules, policies, and the other documents referenced make up our Terms and Conditions (“Terms”). The Terms are a legally binding contract between you and Bold Auto Transport. This contract sets out your rights and responsibilities when you use https://boldautotransport.com. Please read them carefully.
2. CHANGES
Bold Auto Transport may amend the Terms at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If we change the Terms in a way that reduces your rights or increases your responsibilities, we will provide you with a notification.
3. SERVICES
Bold Auto Transport will identify and contract with a transport car carrier (“Carrier”) to transport your Vehicle in accordance with your order (the “Services”). Bold Auto Transport’s Services are considered rendered when Bold Auto Transport has dispatched a Carrier to transport your Vehicle. In providing the Services, Bold Auto Transport is acting solely in the capacity of an auto transport broker to connect you with a Carrier for the purposes of moving your Vehicle. Bold Auto Transport is not responsible for moving your Vehicle nor will Bold Auto Transport take possession of your Vehicle.
4. PLACING AN ORDER
To place an order, you must provide accurate information identifying your vehicle that will be transported using the Services (the “Vehicle”), whether the Vehicle is operable, addresses for pickup and delivery, preferred pickup date, the names and contact information for responsible individuals who will be present at pickup and delivery, the type of transport you would like (e.g., open or enclosed carrier), and a credit/debit card number for payment. After you initially provide your order information, Bold Auto Transport will send you an email (“Order Confirmation Email”) containing your order information and the fees you will be charged for Services based on the information you provided. At that time, you must review and confirm your information and acceptance of the fee and this Agreement by submitting your order on the Bold Auto Transport website as directed in the Order Confirmation Email. By submitting your order, you represent that all information you provided (as presented in the Order Confirmation Email) is complete and accurate and agree to pay the fees for the Services and transportation of your Vehicle. Bold Auto Transport has no responsibility to provide Services until your order is submitted. By submitting your order, you authorize us to provide your contact information and all order details to prospective Carriers and represent and warrant that you are the registered legal owner of the Vehicle, or that you have been duly authorized by the legal owner of the Vehicle to enter into this Agreement and acquire services to transport the Vehicle in accordance with the order.
5. FEES
You agree to pay in full the fees for Services and any additional charges that may be incurred in accordance with this Agreement. The fees for Services will be set forth in the Order Confirmation Email and on the Bold Auto Transport website before you submit your order. The total fee is due in two installments, the first due when Bold Auto Transport designates a Carrier to transport your Vehicle (the “Initial Payment”) and the balance due when your Vehicle is delivered (the “Remaining Balance”).
The Initial Payment must be paid by credit/debit card. By submitting an order (which must include your credit/debit card information), you authorize Bold Auto Transport to immediately conduct a $1 authorization to validate the card and then to charge the Initial Payment to the card when it becomes due.
The Remaining Balance and any additional charges incurred in accordance with this Agreement must be paid in full by cash or certified check, directly to the Carrier upon delivery of your Vehicle. Cash and certified check are the only methods of payment accepted for the Remaining Balance or any other charges due at delivery. Failure to remit the Remaining Balance when due will result in storage of the Vehicle at your expense until the balance is paid in full.
All amounts due must be paid in full when due and the fees are not subject to dispute or offset for any damages or any other reason (including, without limitation, because you are not satisfied with the Services). Once paid, charges are non-refundable.
In addition, if you fail to make any payment when due or we receive a chargeback for your payment (whether due to a dispute of the charge or any other reason), then you must pay Bold Auto Transport the outstanding amount owed plus reimbursement for all reasonable costs incurred in collecting any overdue payment or chargeback and related interest, including, without limitation, attorneys’ fees, legal costs, court costs, and collection agency fees. All late payments and chargebacks will be charged interest, calculated from the date the payment was originally due, at a rate that is the lesser of: (a) 1.5% per month and (b) the highest rate permissible under applicable law.
6. DISPATCH OF CARRIER
You will be notified by email (at the email address provided on your order form) when a Carrier has been dispatched to transport your Vehicle. The dispatch email (Dispatch Notification Email) will include information about the Carrier as well as estimated pickup and delivery dates.
7. PREPARATION OF VEHICLE FOR TRANSPORT
You shall take the following steps prior to the designated pickup time to prepare your Vehicle for Transport:
a) Remove and secure all loose parts, fragile accessories, and low hanging spoilers, etc.
b) Remove all non-permanent, outside mounted luggage and other racks.
c) Remove or deactivate any toll pass transponders or other sensors that may get charged to your account. Note that 100% of any toll charges incurred by the Client are the responsibility of the Client.
d) Ensure your Vehicle is in good working condition (unless previously noted on your order) and with between 1/4 and 1/2 tank of fuel.
e) Disarm any alarm system or provide Carrier with keys and instructions for arming/disarming any alarm system; and
f) Remove all personal belongings and sensitive materials and do not store any dangerous or illegal items inside the Vehicle (including, but not limited to, explosives, guns, ammunition, fireworks, flammable materials, alcohol, legal or illegal drugs, money, legal or financial documents, pets, plants, and any other personal belongings, sensitive materials, or unlawful contraband).
Failure to take these steps will result in you being liable for damages caused to your Vehicle, the transport vehicle, or other property. Neither Carrier nor Bold Auto Transport will be liable for any damages or loss caused to your Vehicle or any other property that is caused in part by your failure to reasonably comply with this Agreement. Any items left in your Vehicle shall be at your own risk.
8. TRANSPORT OF VEHICLE
By submitting an order, you authorize the dispatched Carrier to operate and transport your Vehicle between the pickup and delivery location and take such steps the Carrier deems necessary to complete such transportation, including driving the Vehicle (operation of the vehicle by Carrier may be covered by your insurance). Either Bold Auto Transport or the Carrier will contact you prior to pick up or delivery to inform you of the approximate time and location of such pickup or delivery. The Carrier will attempt to make the actual pickup and delivery location as close to the address requested as possible, taking various factors into account, including, without limitation, transportation restriction laws and safety. These factors may require you and the Carrier to designate an alternative pickup/delivery location other than the one you originally requested. If you are unable to be at the designated pickup/delivery location at the designated time, you must designate with the Carrier another individual (who must be at least 18 years old) to act as your agent for purposes of the pickup/delivery. You are solely responsible for the acts and omissions of your designee. You and your Vehicle must be present at the pickup location at the designated time, or you risk cancellation of your order and incurring the cancellation fee. If you are not at the delivery location at the designated time, your Vehicle may be stored and/or the delivery delayed, each at your sole expense.
Pickup. At the time of Vehicle pickup, prior to Carrier taking possession of the Vehicle, you and Carrier shall conduct a full inspection of the Vehicle for existing exterior damage. The results of this inspection shall be recorded on the inspection report on the Bill of Lading. You and Carrier shall acknowledge the existing condition of the Vehicle by signing the Bill of Lading. YOU ARE RESPONSIBLE FOR OBTAINING AND RETAINING A COPY OF THE ORIGINAL BILL OF LADING FOR YOUR RECORDS. IF A PAPER COPY IS NOT AVAILABLE, A PICTURE OR PHOTOCOPY IS SUFFICIENT. If the Vehicle is found inoperable, contains any additional items inside or outside that are not part of your stock vehicle or is not as described in the order (e.g., oversized), you may be subject to additional charges by the Carrier which will be payable upon delivery.
Delivery. At the time of Vehicle delivery, you and Carrier shall conduct a full inspection of the Vehicle for any exterior damage that may have been caused during transport. The results of this inspection shall be recorded on the inspection report on the Bill of Lading. You must notate any new damage to the Vehicle (as compared to the condition of the Vehicle at the time of pickup) on the Bill of Lading inspection report. You and Carrier shall acknowledge the condition of the Vehicle by signing the Bill of Lading. YOU ARE RESPONSIBLE FOR OBTAINING AND RETAINING A COPY OF THE ORIGINAL BILL OF LADING FOR YOUR RECORDS. IF A PAPER COPY IS NOT AVAILABLE, A PICTURE OR PHOTOCOPY IS SUFFICIENT. BY SIGNING THE BILL OF LADING WITHOUT NOTATION OF DAMAGE, YOU ACKNOWLEDGE THAT YOU RECEIVED YOUR VEHICLE IN SATISFACTORY CONDITION AND WITHOUT DAMAGE AND THEREBY RELEASE BOLD AUTO TRANSPORT AND CARRIER OF ANY CLAIMS OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR VEHICLE.
Carrier’s responsibility for the Vehicle commences only when the Bill of Lading is signed by you and Carrier at pickup and terminates no later than when you sign the Bill of Lading at delivery or otherwise take delivery of the Vehicle.
Transportation services are subject to delays caused by numerous factors prior to or during transport of your Vehicle, many of which are out of the control of Bold Auto Transport and the Carrier, including, without limitation, road conditions, weather, and mechanical issues. Therefore, neither Bold Auto Transport nor Carrier guarantee pickup/delivery dates, times, or locations. Any estimate of pickup/delivery date, time, or location that is provided to you by Bold Auto Transport or Carrier is approximate and subject to change.
9. DISCLAIMER OF WARRANTY
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT BOLD AUTO TRANSPORT HAS NO LIABILITY FOR ANY ACT, OMISSION OR DECISION MADE BY BOLD AUTO TRANSPORT OR ANY OTHER THIRD PARTY, INCLUDING CARRIER. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND BOLD AUTO TRANSPORT MAKES NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NON-INFRINGEMENT, OR AVAILABILITY. BOLD AUTO TRANSPORT DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE OR WILL MEET YOUR REQUIREMENTS.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, BOLD AUTO TRANSPORT’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
10. DAMAGES; DISCLAIMER AND LIMITATION OF LIABILITY
All claims for damage caused by the transport of your Vehicle must be submitted in writing to the Carrier within seven (7) days of delivery. Failure to submit such a claim may result in denial of your claim. Carriers are required by law to maintain certain levels of insurance covering liability. While Bold Auto Transport undertakes no obligation to ensure the Carrier maintains in force insurance coverage as required by law, if Bold Auto Transport does request verification of coverage from the Carrier, Bold Auto Transport is entitled to rely on documents provided by or obtained from the Carrier, the Department of Transportation, the Carrier’s insurer, or any other party. You shall not dispute any charges or offset any claim for damage from the fees due. All fees must be paid in full when due and any claims for damages must be subsequently filed in accordance with this Agreement.
BOLD AUTO TRANSPORT DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM OR CONNECTED TO THE SERVICES AND TRANSPORT OF YOUR VEHICLE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE OR LOSS TO YOUR VEHICLE, YOUR PERSONAL PROPERTY, AND ANY OTHER PROPERTY, WHETHER OWNED BY YOU OR ANY OTHER PARTY. BOLD AUTO TRANSPORT SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATED TO ANY DELAY FOR ANY REASON. YOUR SOLE REMEDY FOR ALL DAMAGE TO YOUR VEHICLE AND ANY OTHER PROPERTY AND ANY OTHER LOSS RELATING TO OR ARISING OUT OF THE SERVICES AND TRANSPORT OF YOUR VEHICLE IS AGAINST THE CARRIER. NEITHER BOLD AUTO TRANSPORT NOR CARRIER SHALL BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE ARISING OUT OF OR RELATED TO, IN WHOLE OR IN PART, YOUR NEGLIGENCE, YOUR BREACH OF THIS AGREEMENT, WORN AND/OR BROKEN VEHICLE PARTS, WEATHER, HAIL DAMAGE, OR OTHER ACTS OF GOD. UNDER NO CIRCUMSTANCES WILL BOLD AUTO TRANSPORT OR ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. BOLD AUTO TRANSPORT’S CUMULATIVE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, OR THE TRANSPORT OF YOUR VEHICLE SHALL BE LIMITED TO THE LESSER OF (A) THE FEES YOU PAID TO BOLD AUTO TRANSPORT LESS ANY FEES THAT BOLD AUTO TRANSPORT PASSED THROUGH TO THE CARRIER PURSUANT TO THIS AGREEMENT (EXCLUDING ANY STORAGE FEES CAUSED, IN WHOLE OR IN PART, BY YOUR ACT OR OMISSION) AND (B) THE FULLEST EXTENT PERMITTED BY LAW.
11. INDEMNITY
You agree to indemnify, defend, and hold Bold Auto Transport and Carrier harmless for any costs, expenses, damage, losses and claims arising out of or relating to your breach of any provision of this Agreement.
12. ORDER CHANGES AND CANCELLATION
You may change your order at any time prior to your Vehicle being picked up by the Carrier dispatched by Bold Auto Transport. Order changes may result in additional fees. If the additional fees are not agreed upon, the order will be canceled. If you cancel your order before a Carrier has been dispatched to transport your Vehicle, you will be charged a dispatch fee of $25. If you cancel your order after a Carrier has been dispatched to transport your Vehicle, you will be charged a cancellation fee in the amount of your Initial Payment, as our services have been rendered. Orders cannot be canceled or changed after the Vehicle has been picked up.
13. GOVERNING LAW
This Agreement shall be construed in accordance with the laws of the state of Texas, without reference to its conflict of law provisions, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws.
14. ENTIRE AGREEMENT
This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements, and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.
