HYPERDEL INC is a licensed and bonded property broker. This agreement is between solely the shipper and his, her or its duly authorized agents, (hereinafter referred to as “Shipper”), and HYPERDEL INC
This Agreement may not be modified, amended, and/or changed by Shipper in any manner. This agreement allows HYPERDEL INC to contract with another licensed and insured Motor Carrier (hereinafter referred to as “Carrier”) or to dispatch to its fleet to transport the vehicle/equipment/load described in this shipping order.
HYPERDEL INC does not guarantee the use of its own fleet for every shipment it contracts with Shipper. HYPERDEL INC’s use of its own fleet is subject to availability.
Contract Terms and Liability Disclaimer
HYPERDEL INC assigns the load to a licensed and insured Carrier which has been verified by Federal Motor Carrier Safety Administration.
Carrier will pick up and deliver as close to Shipper’s door as legally and safely as possible. A mutually agreed upon place to load or unload the vehicle(s) may be necessary due to low hanging trees, low hanging wires, narrow streets and residential area restrictions.
HYPERDEL INC shall provide Shipper with an estimated pick up and estimated delivery date. However, delays may occur prior to, and/or during, transport due to weather, road conditions, mechanical problems, etc. There are absolutely no guarantees regarding pick up or delivery times and dates. HYPERDEL INC or Carrier shall not be held responsible for loss or damages occasioned by delays of any kind or for any reason, car rental fees or any accommodation fees. HYPERDEL INC or Carrier shall not be held liable for failure of mechanical or operating parts of Shipper’s vehicle.
Carrier is authorized to operate and transport Shipper’s motor vehicle between its pick up location and the destination set forth on the shipping order and Bill of Lading.
Shipper must prepare vehicle for transport. All loose parts, fragile accessories, low hanging spoilers, etc. must be removed or secured. Shipper shall remove all non-permanent, outside mounted luggage and other racks prior to shipment. Vehicles must be tendered to Carrier in good running condition (unless otherwise noted) with no more than a half tank of fuel (preferably 1/4 tank). Any part of the vehicle that falls off during transport is Shipper’s responsibility including damages caused by said part to any vehicles(s) and/or person involved.
Shipper must disarm any alarm system installed in the vehicle or provide proper instructions for this matter. In the event said alarm sounds and there are no keys or instructions to turn it off, Carrier may silence alarm by any means.
Luggage and personal property must be confined to one suitcase OR one bag in the trunk only, with no heavy articles, and is not to exceed 100 lbs. Carrier and HYPERDEL INC are not liable for personal items left in vehicle, nor for damage to vehicle caused by excessive or improper loading of personal items. No personal property shall be transported in customer’s vehicle(s) that includes, but is not limited to, Explosives, Guns, Ammunition, Flammable Products, Narcotics, Negotiable and Legal Papers, Alcoholic Beverages, Jewelry, Furs, Money, Live Pets, Live Plants or any unlawful contraband. Shipper agrees that HYPERDEL INC or Carrier may confiscate or dispose of said items with no remuneration. HYPERDEL INC or Carrier will not be held responsible for delivery of personal property. If Shipper wishes to put items in the vehicle, he does so at his own risk.
International Orders: the car must be empty except for factory installed equipment. Indicate the serial number and give car’s approximate value in U.S. dollars. Shipper is responsible for the proper customs paperwork. Any order placed on our website that has a pick up and/or delivery location, such as a port, will be subject to an additional charge of $100.00. The booked price on our website does not include the extra charge of $100.00.
If the vehicle is inoperable or oversized (dual or oversized wheels, extra-large racks, lifted, limo, etc.) Shipper must inquire as to the extra charges. If HYPERDEL INC is not advised of inoperable or oversized/modified vehicles prior to pick up, all extra charges must be paid in cash or money order to the Carrier upon delivery.
Shipper agrees that HYPERDEL INC reserves the right to reject (cancel) any order for any reason at any time.
At the time of pick up, Shipper and Carrier will carefully inspect the exterior of the vehicle for pre-existing damage by completing a vehicle condition report recorded on the Bill of Lading. Carrier and Shipper will both acknowledge the condition of the vehicle and Shipper will sign and receive a copy of the Bill of Lading.
At the time of delivery, Consignee and Carrier will carefully inspect the vehicle for possible damages incurred during transit. Consignee and Carrier will both acknowledge the condition of the vehicle and Consignee will sign and receive a final copy of the Bill of Lading.
Damage must be noted in the proper place on the Bill of Lading and signed by Shipper regardless of weather conditions, time of day or day of week. Signing the Bill of Lading and condition report without notation of any damage verifies that Consignee has received his vehicle(s) in satisfactory condition, and that HYPERDEL INC and Carrier and their agents are relieved of any further responsibility. Carrier damage claims are covered by a minimum of $750,000.00 public liability and property damage. All claims must be submitted in writing within 24 hours of delivery. HYPERDEL INC will share the Carrier insurance policy details upon request. Shipper agrees that HYPERDEL INC is not liable for any property damage claims to Shipper’s vehicle and that his, her or its sole remedy is against the Carrier.
Shipper agrees and understands that HYPERDEL INC is a registered transportation and property broker and is acting solely in the capacity of a broker. Shipper allows HYPERDEL INC to contract with other licensed and insured Motor Carrier(s), (hereinafter referred to as “Carrier”), to transport the vehicle(s) described in this shipping order.
Shipper further agrees and understands that HYPERDEL INC’s sole responsibility in the transaction between the Shipper and HYPERDEL INC a carrier for shipment of the Shipper’s property. Shipper understands that HYPERDEL INC never takes possession of, transports, or delivers the Shipper’s property.
Shipper agrees and understands that all claims for damage to property arising out or occurring during the taking possession of, transporting, or delivery of Shipper’s property falls under the Carmack Amendment, if the transport is interstate.
As outlined in Section 10761 of the Interstate Commerce Act (49 USC 10761) the payment of freight charges may not be postponed due to alleged loss or damage. These charges should be paid in full and the portion applicable to the lost or damaged item should be included in the freight claim.
The following items are important to remember:
a) Claims and payment of freight charges are two entirely different transactions.
b) ICC regulations prohibit withholding the payment of freight bills due to a pending claim. (Administrative Ruling No. 128)
c) Without payment of the freight charges, payment for transportation has not been made. A valid claim will not be paid until freight charges are made.
Carrier accepts responsibility of vehicle after pre-inspection is done and Bill of Lading is signed by the Shipper. Carrier responsibility will end when the vehicle is delivered and Consignee signs the final Bill of Lading and Condition report.
HYPERDEL INC or Carrier will not be responsible for damage caused by acts of God, hail or storm damage, or damage resulting from worn/broken parts of vehicle or added personal items.
Shipper shall, in their absence, designate a person to act as their agent at the point of pick up and/or delivery if for any reason they are unavailable.
Shipper warrants that he/she will pay the transportation price/partial payment due to HYPERDEL INC or Carrier in full and will not try to offset any dispute for damage claims and/or delays etc. from freight (transport) charges. It is Shipper’s responsibility to provide payment when Carrier arrives, unless the balance has been prepaid in full. All payments to Carrier on orders booked must be in the form of cash, cashier’s check or money order – No Exceptions. Certified funds must be made payable to the delivering Carrier and not to HYPERDEL INC. Personal checks, debit or credit cards for orders booked will NOT be accepted for the remaining balance – No Exceptions. Shipper agrees that if the payment cannot be made by these methods, the vehicle will be stored, at Shipper’s expense, until Shipper pays all transport charges in full. Should Shipper be unable to accept delivery for any reason, the vehicle will be placed in storage. Any and all storage and re-delivery charges will be the responsibility of Shipper.
This Agreement shall be construed in accordance with the laws of the State of California.
The parties here agree that all actions or proceedings arising in connection to this agreement shall be tried and litigated exclusively in the State or Federal (if permitted by law and a party elects to file an action in federal court) courts located in San Diego County, in the state of California. This choice of venue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this section. Each party waives any right it may have to assert the doctrine of forum non-conveniences or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section. By action of this provision, the parties agree to submit to the personal jurisdiction of the aforementioned court.
Shipper shall defend, indemnify, and hold harmless HYPERDEL INC from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, imposed by a court of law or by administrative action of any federal state or local agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of HYPERDEL INC, or the Carrier, its personnel, employees, agents, or contractors in connection with or arising out of HYPERDEL INC or the Carrier’s actions. The indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, attorney’s fees, and related costs or expenses, and any reimbursements to HYPERDEL INC for all legal expenses and costs incurred by it.
Neither party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.
Invalidity or unenforceability of one or more of the provisions in this Agreement shall not affect any other provisions of this Agreement.