Terms and Conditions
1. AGREEING TO THESE TERMS
This document, together with our rules, policies and therefore the other documents referenced within it, frame our Terms, (“Terms”) The Terms are a legally binding contract between you and us, whereby you conform to the Terms. This contract is between you and Flix Auto Transport. You’re encouraged to read the Terms carefully because they’ll apply to your use of the https://www.flixautotransport.com. Please read them carefully.
2. UPDATES AND CHANGES
Flix Auto Transport may revise the Terms at any time by posting a revised version on our website. The revised version will become effective at the time we post it. Upon our providing you with a notification of a change to the Terms that reduces your rights or increases your responsibilities, you will have a period of time in which you may reject the change.
Flix Auto Transport will identify and contract with a transport car carrier (“Carrier”) to transport your Vehicle in accordance with your order (the “Services”). Flix Auto Transport’s Services are considered rendered when Flix Auto Transport has dispatched a Carrier to transport your Vehicle. In providing the Services, Flix 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. Flix Auto Transport is not responsible for moving your Vehicle nor will Flix Auto Transport take possession of your Vehicle.
4. BOOKING AN ORDER
To place an order, you need to provide accurate information identifying your vehicle that shall be transported using the Services (the “Vehicle”), whether the Vehicle is operable, pickup and delivery addresses, preferred pickup date, provide contact information for those responsible for pickup and delivery, the kind of transport you’d like (e.g., open or enclosed carrier), and a credit/debit card number for payment. After you initially provide your order information, Flix Auto Transport will send you an email (“Order Confirmation Email”) containing your order information as well as the fees you shall be charged for Services established on the information you provided. At that point, you must review and verify your information, approval of the fee, and acceptance of this Agreement by submitting your order on the Flix Auto Transport website as directed within the Order Confirmation Email. By submitting your order, you represent that every one information you provided (as presented within the Order Confirmation Email) is complete and accurate and conform to pay the fees for the Services and transportation of your Vehicle. Flix Auto Transport has no obligation to produce Services until your order is submitted. By submitting your order, you authorize us to supply your contact information and every one order details to prospective Carriers and represent and warrant that you are the registered legal owner of the Vehicle, or that you simply are 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. CHARGES AND FEES
You comply with paying fully all fees and charges related to the Services and any additional charges that could be incurred in accordance with this Agreement. The fees for Services are going to be set forth within the Order Confirmation Email and on the Flix Auto Transport website before you submit your order. The entire fee is due in two installments, the primary due when Flix Auto Transport selects a Carrier to transport your Vehicle (the “Initial Payment”) and therefore the balance due upon delivery of your Vehicle (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 Flix Auto Transport to conduct instant $1 authorization on your card to verify it’s valid, to be able to charge the Initial Payment when it becomes due. The Remaining Balance and any additional charges incurred in accordance with this Agreement must be paid fully by cash, cashier check or money order, to the Carrier upon the delivery of your Vehicle. Cash, cashier check or money order are the sole methods of payment accepted for the Remaining Balance or the other charges due at delivery. Failure to remit the Remaining Balance when due will end in the storage of the Vehicle at your expense until the balance is paid in full. All amounts due must be paid fully when due and also the fees for services aren’t subject to any disputes or offsets for any damages or the any other cause (including, without limitation, because you’re 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 thanks to a dispute of the charge or the any other reason), then you will have to pay Flix 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 are going to be charged interest, calculated from the date the payment was originally due, at a rate that’s the lesser of: (a) 1.5% per month and (b) the highest rate permissible under applicable law.
6. DISPATCHING A CARRIER
You will be notified by email (at the e-mail address provided on your order form) when a Carrier has been dispatched to move your Vehicle. The dispatch email (Dispatch Notice Email) will contain information about the Carrier along with estimated pickup and delivery dates.
7. PREPARING THE VEHICLE FOR TRANSPORT
You shall take the subsequent steps before the designated pickup time to get your Vehicle ready 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 device 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 the other personal belongings, sensitive materials, or unlawful contraband). Not taking these steps will end in you being responsible for damage caused to your Vehicle, the transport vehicle, or other property. Neither Carrier nor Flix Auto Transport will be held responsible or liable for any damages or loss caused to your Vehicle or the other property that’s caused in part by your failure to reasonably adhere to this Agreement. Any items left in your Vehicle shall be at your own risk.
8. TRANSPORTATION OF THE 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 judges necessary to complete such transportation, including driving the Vehicle (operation of the vehicle by Carrier could be covered by your insurance). Either Flix Auto Transport or the Carrier will contact you before the pick up and delivery to inform you of the approximate time and location of pick up or delivery. The Carrier will strive to make the actual pickup and delivery locations as close as possible to the address requested, taking various factors into account, including, without limitation, transportation restriction laws and safety. These factors may require you and the Carrier to designate an alternate pickup/delivery location other than the one you originally requested. If you’re unable to be at the designated pickup/delivery location at the designated time, you must designate with the Carrier another individual (who must be a minimum of 18 years old) to act as your agent for purposes of the pickup/delivery. You are solely responsible for your designee’s acts and omissions. You and your Vehicle must be present at the pickup location at the designated time otherwise you run the possibility of cancellation of your order and incurring the cancellation fee. If you’re not at the delivery location at the designated time, the Vehicle could be stored at your cost, or the delivery delayed, at your sole expense. Pickup. At the time of Vehicle pickup, before Carrier takes 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, which is on the Bill of Lading. You and Carrier will acknowledge the present condition of the Vehicle by signing the Bill of Lading. YOU ARE RESPONSIBLE FOR ACQUIRING AND RETAINING A COPY OF THE ORIGINAL BILL OF LADING FOR YOUR RECORDS. IF A PAPER COPY IS NOT AVAILABLE, A PHOTO OR PHOTOCOPY IS SUFFICIENT. If the Vehicle is found inoperable, contains any extra items inside or outside that are not part of your stock vehicle or is otherwise not as described within 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 will be recorded on the inspection report, which is on the Bill of Lading. You must notate any new damage to the Vehicle (in comparison to the condition of the Vehicle at the time of pickup) on the Bill of Lading inspection report. You and Carrier will acknowledge the condition of the Vehicle by signing the Bill of Lading. YOU ARE RESPONSIBLE FOR ACQUIRING AND RETAINING A COPY OF THE ORIGINAL BILL OF LADING FOR YOUR RECORDS. IF A PAPER COPY IS NOT AVAILABLE, A PHOTO 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 FLIX 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 a range of factors before or during transport of your Vehicle, many of which are out of the control of Flix Auto Transport and also the Carrier, including, without limitation, road conditions, weather, and mechanical issues. Therefore, neither Flix Auto Transport nor Carrier guarantee pickup/delivery dates, times, or locations. Any estimate of pickup/delivery date, time, or location that’s provided to you by Flix Auto Transport or Carrier is approximate and subject to vary.
9. DISCLAIMER OF WARRANTY
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT FLIX AUTO TRANSPORT HAS NO LIABILITY FOR ANY ACT, OMISSION OR DECISION MADE BY FLIX AUTO TRANSPORT OR ANY OTHER THIRD PARTY, INCLUDING CARRIER. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND FLIX 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. FLIX 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, FLIX 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 the denial of your claim. Carriers are required by law to maintain certain levels of insurance covering liability. Flix Auto Transport undertakes no responsibility to ensure the Carrier maintains in force the insurance coverage as required by law, if Flix Auto Transport does request verification of coverage from the Carrier, Flix 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. FLIX 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. FLIX 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 FLIX 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 FLIX 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. FLIX 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 FLIX AUTO TRANSPORT LESS ANY FEES THAT FLIX 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.
You agree to indemnify, defend and hold Flix 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 UPDATES, CHANGES AND CANCELLATION
You may change your order at any period prior to your Vehicle being picked up by the Carrier dispatched by Flix Auto Transport. Order changes might result in additional fees. If the additional fees are not agreed upon, the order will be canceled. If you cancel your order after a Carrier has been dispatched to transport your Vehicle, you will be charged a cancellation fee equal to 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.