This document contains and specifies the full Auto Transport Order Terms and Conditions of Use and Service "Agreement" of AmeriFreight Inc. "AmeriFreight". AmeriFreight is licensed by the Department of Transportation (DOT) as an auto transportation brokerage. AmeriFreight functions as an auto transportation broker "Agent" between Customer (including Customer's authorized agent), and Carrier.
II. Definition of Terms
- AmeriFreight: AmeriFreight, Inc. ("AmeriFreight") is a Georgia corporation with its principal office or place of business at 417 Dividend Drive, Suite D, Peachtree City, GA 30269. AmeriFreight refers to the corporation itself including all employees, directors, managers, agents, officers, and staff of AmeriFreight, Inc.
- Carrier: Shall refer to contracted, third party trucking companies, and individuals who own or operate a truck for the purpose of transporting Customer's vehicle, and are properly registered with the U.S. DOT and carry proper insurance required by law.
- Open Transport: Refers to all trucks that have an open trailer. Open trailers are more susceptible to potential damage, and the price for an open carrier is less than an Enclosed.
- Vehicle Availability Date (VAD): The first day a vehicle is available for pickup by an auto transport carrier. In other words, it's the first day a customer can let the vehicle go or be picked up by a carrier.
- Pickup Window: The time period in a number of workdays that a carrier has available to pick up a vehicle for shipment after the VAD.
- Business Days: Shall mean Monday to Friday. It does NOT include weekends and national holidays
- Additional coverage or protection: Refers to a gap coverage option "AFTA PLAN", that pays for certain types of damage not covered under Carrier's insurance. This plan consists of AFTA Basic (ABA), AFTA Standard (AST), AFTA Comprehensive (ACO). The AFTA PLAN is subject to the terms of a third party vendor and plan underwriter Allied Fidelity Group (AFG).
- Cancellation Protection (ACA): Refers to an AFTA PLAN option that covers a deposit or partial payment amount up to $350 should a Customer need to cancel order after a contract is formed. It is subject to the terms of Cancellation Protection specified in Part V. under Cancellation and Refunds.
- Order: Refers to a commitment of Customer to AmeriFreight to coordinate shipment of Customer's vehicle subject to the terms of this Agreement.
- Bill of Lading: Refers to document signed and dated by Customer and Carrier at the time of pickup and delivery. Two (2) copies shall be signed at point of pickup, and two (2) copies shall be signed at point of delivery. Each bill of lading shall be signed and dated both by Carrier and Customer. The report of inspection of the vehicle is listed on the bill of lading, including but not limited to: scratches, damage, number of keys, make and model of car, date of pick-up, and estimated date of delivery. It is the responsibility of Customer to make sure that a bill of lading is filled out, and a proper inspection is done after delivery.
- Personal Goods/Items: Refers to any and all additional items placed in or attached to Customer's vehicle. It does NOT include necessary items required for regular day to day use of vehicles such as jack, jumper cable, one spare tire, and alike. Any item that a reasonable Customer knows or should know is harmful or dangerous to place in a vehicle, that may cause damage during the shipment process, is also defined as a personal item regardless of whether or not it is used for day to day normal use of the vehicle. Based on regulations of the United States (U.S.) Department of Transportation (DOT), Carriers are not licensed and/or insured to carry household goods or personal items when transporting vehicles. Absolutely NO personal items may be transported in vehicles. Refer to part 5 on the "Acceptance" section for more information.
- Customized or Oversized Vehicle: Refers to vehicles longer than 16 feet, vehicles with a camper or racks, vehicles that are altered, raised or redesigned in a manner that substantially changes vehicle in terms of size, look, or shape compared to a normal/stock vehicle of that type.
- Inoperable Vehicle: Refers to vehicles that either require repair to make it operable, or need extra effort when loading and unloading to and from Carrier's truck.
- Customer: Refers to anyone using AmeriFreight's services in any manner. This includes Customer's agents directly or indirectly appointed, and assignees authorized to function on behalf of Customer either by law or other regulatory authorities. The term "Customer" may be interchangeably used with the term "Client."
- Serious Acts of Nature: Includes incidents that are caused out of human control, and may physically injure or hurt a Customer. It does not include heavy rain, snow, hail or similar occurrences.
- Double booked: Refers to a situation when a Customer made an order with one or more brokers other than AmeriFreight for the shipment of the same vehicle.
III. Shipment Categories
AmeriFreight mainly offers three types of service for shipping vehicles. The services are the Economy Saver Rate (ESR), the Priority Preferred Rate, and the Guaranteed First Class Rate (FCR). Below are detailed explanations of each category.
A. Saver Rate
a. Economy Saver Rate (ESR): ESR is a SAVINGS shipping option where AmeriFreight will make every possible effort to find a Carrier to ship vehicle at the estimated rate approximately but not guaranteed within seven (7) full work days after the Vehicle Availability Date (VAD) for pickup. However, Customer understands and agrees that this option is a discounted rate whereby AmeriFreight negotiates with carriers to accept vehicles under exceptional conditions such as filling empty spaces on a truck to complete a load or compensate for cancelled orders. Chances of acceptance by carriers at this rate may range from 5% to 30% depending on any number of factors such as prevailing economic conditions and the time of the year.
This rate is only recommended for customers with no particular time restraints. Customers understand and agree that it may take longer for AmeriFreight to source a carrier to accept the offer, and that the price may go up most of the time. AmeriFreight will incrementally increase the price if no carrier shows interest for lower price, but customers may accept or decline offers of the carriers for higher prices. It is important to note that timelines specified are NOT absolute, and are subject to normal weather conditions, and normal operations of Carrier. If AmeriFreight is unable to secure a Carrier within estimated time for an estimated amount, and Customer is unwilling to increase the price, AmeriFreight reserves the right to cancel the order, without further liability on part of AmeriFreight.
B. Market Rate
a. Priority Preferred Rate (PPR): This rate is the estimated market rate for the shipment of a vehicle with an estimated pickup window of 1-3 business days. Over 95% of the orders get shipped at this rate with no price increase, however there is a 5% chance for the carrier rate to increase. Customers understand and agree that the carrier may decide to pick up a customer's vehicle any day within the 3 day pick up window.
C. Guaranteed Rate
a. First Class Rate (FCR): The rate quoted for this option is GUARANTEED and will not increase. The FCR has a GUARANTEED set day or next day pick up window agreed between the customer and AmeriFreight. This timeline starts after the first day vehicle is available for pick up. AmeriFreight will compensate the carrier should an increase in price occur. If a vehicle is not picked up within the time frame specified, AmeriFreight will incrementally increase the carrier payment, but such increase will not affect the price quoted to the customer. FCR includes the best type of coverage available in the industry, the Basic AFTA PLAN coverage, that is offered through a third party company, and is subject to its own set of terms and conditions.
In all types of orders, if Carrier fails to pick up or deliver a vehicle within the aforementioned time frame due to unforeseen incidents beyond control of Carrier and AmeriFreight (including but not limited to death, accident, orders of law enforcement, act of nature) or any other legitimate reason, AmeriFreight will make reasonable effort to find another substitute Carrier within the pick up window specified as soon as practically possible.
If Customer, for any legitimate and unforeseeable reason, is unable to release a vehicle when a carrier was ready to pick up on the day marked as available by the customer, all guarantees are void. In which case, AmeriFreight shall try to find another substitute Carrier based on accepted rate; provided, however, if the next available Carrier asks for more payment the customer will be liable for the extra payment. If Customer does not accept and/or Customer wants to cancel the contract, Customer understands and accepts that he/she has forfeited the entire deposit paid to AmeriFreight for services rendered in addition to the amount the carrier may require for breach of contract.
IV. Delivery Dates
Delivery dates are within parameters of reasonable time frames. Delivery dates and times are estimated and NOT guaranteed. If a delay of more than five (5) days happens for delivery of FCR shipment, AmeriFreight will reimburse Customer for up to five (5) days of car rental at a maximum cost of thirty dollars ($30) per day. However, exceptions to this provision are; including but not limited to unforeseen incidents (death or hospitalization of Carrier, accidents, breakdowns, incidents and delays due to acts of nature, war, illegal acts of third party, or any other incidents out of control of Carrier and AmeriFreight). In addition, Customer will not receive any compensation if the Carrier compensated for or offered to compensate for the delay in any amount. Customer hereby understands, and agrees to release AmeriFreight harmless for any damage incurred as a result of delay in the shipment process.
V. Cancellation and Refunds
A. Customers may cancel an order at any time prior to the vehicle being dispatched to a carrier. AmeriFreight dispatches an order to a carrier immediately after communicating the offer to the customer, and the customer accepts the offer.
B. Customers may not cancel an order after the vehicle is dispatched to a carrier. If for any reason Customer cancels shipment of his/her vehicle after accepting an offer from a carrier, Customer understands and agrees that he/she forfeits the full deposit amount paid to AmeriFreight. This includes situations where Customer agrees with Carrier on pick-up location, date and time, and Customer fails to show up when Carrier is already at agreed upon location to load the vehicle, and Customer wishes to cancel order. If Carrier initiates loading vehicles on the truck and Customer cancels order, Customer understands and agrees that the amount paid for the AFTA PLAN coverage is also forfeited. The Customer may also be liable for any claims of compensation from the carrier for lost time, and business, and other expenses as a result of the customer breaching the contract.
C. AmeriFreight reserves the right to try up to 3 times to find a substitute carrier to pick up a customer's vehicle if the carrier assigned cancels the order. Only after the 3rd unsuccessful try, the customer will be able to cancel and get a full refund from AmeriFreight.
D. Customer understands and agrees to pay any additional charges to Carrier if:
- Customer agrees, including any agreement outside the contract without AmeriFreight being in the picture, with Carrier on specific location, date, and time, and Customer fails to show up; provided, however, if Customer still wants AmeriFreight to schedule another pick up time either with same or different Carrier, AmeriFreight reserves the right to bill Customer for any additional charges incurred as result of Customer's failure to show up during prior scheduled time. At that point, the terms and agreement regarding prior pickup and delivery date becomes null and void, and AmeriFreight is therefore not obligated to abide by prior specified or promised pickup or delivery expectations and arrangements under this Agreement.
E. Customer understands and agrees that he/she has forfeited full deposit amount if Customer after agreeing to the dispatch terms decline dispatch arrangements with assigned Carrier more than twice, and AmeriFreight reserves the right to cancel Customer's order with or without further notice.
Under the following circumstances, customer will NOT receive any refund for the partial payment made:
- Cancellation due to the order being double booked with other brokers;
- Cancellation after customer accepting an offer from the carrier, and vehicle is dispatched to a carrier;
- Cancellation after vehicle is initiated to be loaded on the Carrier/Truck.
- After vehicle was assigned to a carrier upon agreement of the customer, and customer later fails to release the vehicle.
A. Customer hereby understands and agrees that:
- Use of Services: By accessing, browsing, or using AmeriFreight's website and services, Customer agrees to the full terms of this Agreement. Customer understands and agrees that AmeriFreight does not own any trucks nor does AmeriFreight transport vehicles on its own, but rather acts as Agent between Customer, and third party Carrier. Customer further understands and agrees and hereby authorizes AmeriFreight to act as his/her Agent during the course of arrangement and transportation of vehicle by one or more Carriers selected by AmeriFreight from specified point of pickup to specified point of delivery.
- Authorization: Customer agrees to allow AmeriFreight to act as his/her agent in dealing with Carrier during course of arrangement and transportation of vehicle, and to cooperate in good faith with AmeriFreight in placing order with Carrier. As an Agent, AmeriFreight will use good faith efforts in making sure selected Carrier is registered, and insured based on information obtained from the Federal Motor Carrier Safety Administration (FMCSA).
- Route Used by Carriers: Customer understands and agrees that Carrier, using good faith and sound judgment, will transport vehicle from point of origin to destination by suitable route and does not agree to any specific routing and/or method of transport in order to meet any specific schedule or expectation of Customer.
- Inoperable, Oversized, and Customized Vehicles: Customer understands and agrees that AmeriFreight or Carrier will impose extra charges if any vehicle is inoperable, oversized or customized at time of placing order. If AmeriFreight or Carrier are not advised of inoperable, oversized, or customized vehicles prior to pickup of said vehicle, AmeriFreight or Carrier reserves right to charge an additional fee of up to five hundred dollars ($500.00) to be determined in good faith by AmeriFreight.
All extra charges, if determined at time of pickup were not advised in advance, will be collected in Cash Upon Delivery (COD). If a vehicle becomes inoperable for any reason during transportation, except for reasons related to acts of nature, wrecks, or damage due to negligence of the Carrier, it is also subject to extra charge specified above.
- Personal Items or Goods: Based on rules and regulations of the United States (U.S) Department of Transportation (DOT), Carriers are not licensed and/or insured to carry household goods or personal items when transporting vehicles. Absolutely NO personal items may be transported in a vehicle. Neither AmeriFreight nor Carrier are responsible and/or liable for damage of any kind, including but not limited to direct, indirect, and incidental damage, caused to the vehicle as a result of placement of any personal items inside or attached to the vehicle. If Customer places personal items/goods in or attached to his/her vehicle that causes injury, damage, harm, and/or fines, Customer will be liable for any and all damage caused (including but not limited to direct, indirect, and incidental) to AmeriFreight, Carrier, or to third party. This includes placement of personal items by Customer in or attached to her/his vehicle intentionally, negligently, or recklessly. It is the responsibility of Customer to make sure the vehicle is/are free of personal items.
- Acceptability of Location: Customer agrees to cooperate with Carrier to schedule reasonable time to load and/or unload vehicles, at a safe and legally authorized location. If Carrier cannot pickup or deliver vehicle at Customer's designated address due to restrictions imposed by laws and regulations, limitations due to safety, or any other justified reason (including but not limited to weight restriction, steep hills, overhanging trees, narrow streets, cul-de-sacs), Carrier may rearrange with Customer to meet at legal and safe pickup or dropoff location as closely located to original agreed place of pickup or dropoff as possible. Assigned Carrier is authorized to drive Customer's vehicle no more than 150 miles if necessary to facilitate required delivery.
- Use of Customer's Information: AmeriFreight places Customer's credit card information on file and ensures the Customer of its security. AmeriFreight will not charge the Customer any amount unless the bid is successful or the contract is formed as indicated under V (A)(1-3). Customer understands and agrees that Customer's credit card will be immediately charged when the contract is formed. Furthermore, customer hereby authorizes AmeriFreight and Carrier to use information provided to contact Customer by phone, email, or any other acceptable means for purpose of performing obligations under this Agreement including but not limited to arrangement of pick up, and delivery of vehicle, securing any payments Customer defaulted, and any other acceptable and justified reasons.
- Delayed Delivery: AmeriFreight shall use its best efforts to schedule Carrier to pick up and deliver Customer's vehicle within scheduled time. If the Carrier fails to deliver a vehicle within 15 days from the date of promised delivery, and vehicle is not subject to insurance claims due to theft, loss, or damage, AmeriFreight will cover Customer's rental car charges up to twenty (20) dollars per day. Reimbursement begins from fifteenth (15tt) day after the date of promised delivery for a maximum of seven (7) days.
To receive reimbursement, Customer shall send AmeriFreight original receipt indicating number of days and amount paid for rental car; provided, however, provision does not apply when delays are caused by incidents not in control or authority of Carrier including but not limited to death or hospitalization of Carrier, wrecks, breakdowns, incidents and delays due to acts of nature, war, damage to vehicle or pending insurance settlements due to theft or loss of vehicle, illegal acts of third party, to comply with law and regulations, or when wrongful act or fault of Customer cause delay.
AmeriFreight cannot and will not be held accountable or liable for any other claims or damage including but not limited to direct, indirect, and incidental damage to Customer as result of Carrier's failure to deliver the vehicle as promised.
- Storage and Terminal Fees: Should AmeriFreight or Carrier, after making reasonable effort to contact Customer, be unable to notify Customer of delivery of vehicle on expected delivery day indicated on bill of lading, vehicle will be taken to closest terminal at the discretion of Carrier, and Customer will be responsible for fees incurred as a result. The full amount of COD, terminal fees, storage fees, and any other additional trucking fees (if any) shall be paid to Carrier either by cash or cashier's check before the vehicle is released to Customer. Although AmeriFreight and Carrier will take all necessary steps to ensure reliable storage of Customer's vehicle, AmeriFreight and/or Carrier will not be held liable or accountable for damage or loss incurred while Customer's vehicle is in storage.
- Vehicle Insurance: Customer understands and agrees that with exception of insurance deductibles, all orders are subject to terms and conditions of individual trucking companies used by AmeriFreight. When AmeriFreight, Carrier, and its agents are driving vehicle for purpose of parking, storage, loading or unloading, or any other forms of necessary use incidental to performance of obligations under Agreement, AmeriFreight, and Carrier, and all its agents shall have full benefit of any personal insurance that Customer has in effect on vehicle.
- Payment and Fees: With the exception of partial payment amount, full advance prepayment, Gap Coverage, and Cancellation Protection (if applicable) charged electronically by AmeriFreight, all other fees that Customer owes to the Carrier are payable in full amount by cash (preferred) or cashier's check upon delivery.
Customers shall confirm payment method with Carrier at least twenty-four (24) hours before delivery. Amount specified for transportation of vehicles already includes additional taxes and fees, unless Customer later decides to purchase Gap Coverage and/or Cancellation Protection after the deposit is charged.
[A] Customer convenience fee of 8.75% (Visa and Mastercard) or 9.75% (any other card other than Visa and Mastercard) of the full shipment amount will be paid to AmeriFreight in case a customer has no other option but to have the total shipment cost charged by credit card through AmeriFreight. In case a customer chargeback a transaction after service being rendered to the customer, AmeriFreight may use whatever legal means justified to recover the fee. Further, AmeriFreight may share any and all customer information to the collection agencies, and the law enforcement, and seek legal counsel. Customers will be liable for any and all cost including but not limited to attorneys fees, chargeback fees, and other incidental fees.
VII. Release from Liability
A. AmeriFreight cannot be held liable for any arrangement made verbally, in writing, or through other means of communication between Customer and Carrier outside this agreement and the terms of shipment agreed upon at the time of dispatch.
B. AmeriFreight is licensed by the DOT as a broker. AmeriFreight does NOT own any trucks, but only arranges with Carriers to transport customers' vehicles. AmeriFreight only functions on behalf of Customer to ensure that Customer's vehicle gets transported from one location to another at the best agreed rate, through an insured and reliable Carrier. Customer hereby releases and holds AmeriFreight harmless from any suit, claims for negligence, misfeasance, and/or malfeasance by Carrier including, but not limited to theft, loss, delays in delivery, breach of contract, or any damage to vehicle as soon as vehicle is/are loaded on Carrier's truck or is in sole control of Carrier. Customer agrees to to file any and all claims for damage to vehicle with Carrier as follows:
- Customers shall specifically note any damage to vehicles on bill of lading while the Carrier is still present, and before tendering any payment to the carrier. CUSTOMER SHALL NOT SIGN ANY DOCUMENT OR TENDER PAYMENT TO THE CARRIER UNLESS CUSTOMER IS SURE THAT VEHICLE IS INSPECTED, ALL damage ARE NOTED ON THE BILL OF LADING, AND DRIVER SIGNED ON THE INSPECTION REPORT. Customer understands and agrees that payment to the driver or signing the bill of lading at destination without notating damage, regardless of time or type of weather at time of delivery, shall be evidence of satisfactory delivery of vehicle and no further claim will be honored by Carrier. It is the responsibility of Customer to ensure that the vehicle is inspected before it is loaded on a carrier, and before delivery, and the bill of lading is signed both by the customer or customer's representative and Carrier with inspection results noted on it. AmeriFreight will not be liable for any and all consequences if no bill of lading is signed at time of pickup, and delivery. There will be 4 bills of lading per delivery. 2 Pick up copies for customer and Carrier and 2 delivery copies for customer and Carrier. It is VERY IMPORTANT that the customer takes the time and does a proper inspection both on pickup and on delivery, take clear pictures and videos of the vehicle from different angles.
- In case of damage, within ten (10) days after delivery, Customer shall mail to Carrier and AmeriFreight a copy of pickup and delivery bills of lading, two (2) estimates for repairs from different auto repair shops or car dealers, and pictures of damage discovered.
- Should any claim arise from or be related to transporting and delivery of Customer's vehicle, any balance due to Carrier must be paid in full before claim shall be honored; provided, however, that claimed damage shall be noted on delivery bill of lading before tendering any COD payment.
- Customer warrants that he/she will pay full COD amount due to Carrier and/or AmeriFreight, and will not seek to chargeback credit card payments or stop a check payment to offset any dispute for damage claims. Department of Transportation regulations require that all claims be filed in writing and all tariffs be paid in full before a claim shall be processed.
The provisions specified above apply to any and all Customers, regardless of shipment priority selected.
VIII. Preparation of the Vehicle
A. Customer understands and agrees to:
1. Cleaning vehicles to allow proper inspection for bill of lading at time of pickup. Customers understand and agree that a dirty vehicle may seriously impact the initial inspection of a vehicle that may lead to nullification of any future damage claims arising under this Agreement.
2. Verify and make sure that his/her vehicle is/are free of personal items. Amerifreight and Carrier are not responsible for validating whether or not personal items are present in vehicles.
3. Completely disarm alarm systems (if applicable) installed in vehicles and provide keys to the Carrier. Customers are responsible to pay any additional charges resulting from Customer's failure to disarm the alarm system on the vehicle.
4. Remove all toll pay devices (if applicable) from vehicles. Customers will be responsible to pay any and all toll charges incurred on his/her vehicle should he/she fail to remove toll pay devices.
5. Ensure vehicles have a quarter tank of fuel/gas at the time of pickup. Carrier may be required to drive vehicles to and from pickup and drop off locations. If there is not enough fuel/gas to facilitate this, Customer shall be billed for fuel/gas charges. AmeriFreight shall not be held liable for loss of fuel or gas.
IX. Prior Agreements
This agreement serves as the main and superior document that explains overall duties and responsibilities of AmeriFreight, Customers, and Carriers. This document supersedes any and all prior written, oral, and/or any other form of representation made by AmeriFreight, and constitutes the entire agreement between all relevant parties. The provisions of this document remain in full effect unless amended in writing by a Senior Officer of AmeriFreight. AmeriFreight reserves the right to change, amend, or revise the terms of this Agreement with or without notice to Customers without liability on part of AmeriFreight.
X. Enforceability of Contract
If any provision or part of this Agreement is held to be invalid or unenforceable under current laws, rules, and regulations, all other parts remain in full effect. This Agreement is fully integrated and is the only governing contract between AmeriFreight, Customer, and other parties relevant to this contract.
XI. Settlement by Arbitration
Any claim or controversy that arises out of or relates to this agreement, or the breach of it, shall be settled by arbitration in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered may be entered in any court with jurisdiction unless otherwise specified under this agreement.
XII. Choice of Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of laws provisions. Each of the Parties hereby consents to the exclusive jurisdiction of any State or Federal court situated in the State of Georgia (Fayette County), U.S.A., and waives any objection based on lack of personal jurisdiction, improper venue or forum non conveniens, with regard to any actions, claims, disputes or proceedings relating to this Agreement or its performance or breach, including claims and actions where AmeriFreight is directly or indirectly affected/impacted.
The prevailing party in any litigation initiated under this agreement shall be entitled to reasonable attorney's fees and court costs incurred.
XIII. Contact Information
Any question regarding this Agreement should be directed to the following address:
Legal and Compliance Department
417 Dividend Drive, Suite D
Peachtree City, GA 30269
Phone: 770 486 1010