Terms and Conditions for the Arrangement of Motor Carrier Transportation by SGT Auto Transport Corp. (Freight Broker)

These terms and conditions of service (the “Terms and Conditions”) constitute a legally binding contract among the Parties (defined below) and shall apply solely to services provided by SGT Auto Transport Corp. (“SGT”) for the arrangement of transportation services in North America. The Terms and Conditions are subject to change by SGT upon posting on SGT’s website from time to time. The most current and controlling version of the Terms and Conditions is published at https://sgtautotransport.com/terms-and-conditions.

SGT is bonded and duly authorized as a property broker with the Federal Motor Carrier Safety Administration under MC-873392. All orders, unless stated otherwise and agreed upon in writing, are cash upon delivery of the vehicle (cash or cashier's check/certified check).

1. Definitions:

a. “Auxiliary Services” are those services that are performed prior to or subsequent to transportation such as storage which is requested by the Customer and arranged by SGT as an additional service.

b. “Bill of Lading” is the reference to the official shipping document, sometimes completed by CUSTOMER or in some cases by the Carrier or other authorized person or entity accepting the Shipment, containing pertinent information about the Shipment such as weight, condition of the Shipment, and the like. The Bill of Lading may include, but not be limited to, shipping documents directly referred to and titled as a Bill of Lading, and also other shipping documents commonly used in the industry such as Delivery Receipt, etc., which duly authorize the Carrier to accept the Shipment.

c. “Bill to Party” is the person or entity to whom the Bill of Lading instructs SGT to issue the invoice for the Shipment.

d. "Business day" is Monday through Friday 8am to 5pm within the origin or destination local time zones. Excludes U.S. Federally recognized holidays and weekends.

e. “Carrier” is the person or entity selected by SGT to actually perform the transportation of the Shipment with its own means of transport under its own motor carrier authority, and subject to carrier liability as a result of an express or implied undertaking to assume such liability.

f. "Consignor" is the person also known as the "shipper" or "entity" to whom the Bill of Lading instructs the Carrier to pick up the Shipment from.

g. “Consignee” is the person or entity listed as the “ship to” party or to whom the Bill of Lading instructs the Carrier to deliver the Shipment.

h. “CUSTOMER” or “Shipper” includes the person or entity with whom SGT has contracted to arrange to move the Shipment and any Person who directly benefits from services performed pursuant to the Terms and Conditions

i. "Customer Shipping Contract" Abbreviated as CSC is the legally binding service agreement between Customer and SGT Auto Transport. Any changes made by Customer after the CSC has been completed or if the CSC has not been completed prior to the customer-provided First Available Date (FAD), the estimated pickup window may be recalculated and an updated CSC administered.

j. "Double booked/booking" is double booking your transport with multiple brokers. When Customers double book, it disrupts the Broker's ability to negotiate with motor carriers in good faith on their behalf. Specifically, it causes mistrust among truckers that the duplicate transports are real, it results in unwarranted competitive rate increases leading to additional cost and delays for Customers.

k. "FAD" - The First Available Date, is the date the Customer informs the vehicle is available for shipping. The Customer Shipping Contract (CSC) must be completed before the FAD. If the FAD is the same as the day of booking, the estimated pickup window begins the next business day. The FAD may be affected by Customer changes or the non-completion of the Customer Shipping Contract (CSC).

l. "Freight Broker" Entity licensed and responsible for arranging for the transportation of Customer’s freight. Freight brokers do not take possession of or transport property, they are mediaries hired by consumers to communicate directly with motor carrier companies to arrange an agreement for the transport of their vehicle.

m. "Misrepresented vehicle" - the year/make/model and/or physical dimensions and modification information does not match the actual vehicle description provided by the Customer.

n. “Parties” include the CUSTOMER, the Consignee, the consignor, SGT, and any other Person having a present or future interest in the Shipment or any Person acting on behalf of any of the above-mentioned parties with respect to a Shipment.

o. “Person” means any individual, corporation, limited liability company, joint venture, trust, partnership, or other entity.

p. "Pickup Window" - Pickup windows are estimated dates, typically spanning 1-3 business days after the Customer-provided first available shipping date (FAD). If the order is booked the same day as the given FAD, the estimated pickup window will begin the following business day. The FAD and estimated pickup window may be delayed and/or recalculated by Customer changes or the non-completion of the Customer Shipping Contract (CSC).

q. “Restrictions” - Any Customer imposed restrictions/conditions placed on the pickup or the delivery; include but is not limited to: availability of transport contacts, specified dates, times, or trailer size/type, restricted business days/hours, inaccessible locations, TWIC, specific information, or document requirements (VIN#/LOT#/BUYER#/Gate pass/Release forms), or the need for additional notifications such as requiring more than a 2 hours notice prior to pickup or delivery, or calling before a motor carrier can be dispatched.

r. “SGT” means SGT Auto Transport Corp, its affiliated companies, and their respective employees, officers, directors, and agents performing freight brokerage services pursuant to the Terms and Conditions.

s. “Shipment” or “Vehicle” is the cargo listed and described on the Bill of Lading, to be transported by the Carrier, or as amended in subsequent written documentation provided to SGT.

t. "Shipment details" - The information provided by the Customer used to set up the transport: pickup and delivery contact information, origin/destination locations, accurate notification of any personal items in the vehicle.

2. Agreement to Terms and Conditions. In tendering a Shipment to SGT for SGT to arrange for the transportation of the same, or otherwise engaging the services of SGT in any other fashion, CUSTOMER agrees that the version of the Terms and Conditions in effect at the time the shipment is tendered to SGT for the arrangement of the transportation will apply to the Shipment, and its transportation by the Carrier, and the Auxiliary Services, which no agent or employee of the Parties may alter. To the extent the Terms and Conditions conflict with a Bill of Lading or other shipping documents, the Terms and Conditions shall control. Further, except to the extent the Terms and Conditions conflict with any written agreement (other than a Bill of Lading or shipping document) between the Parties, the Terms and Conditions shall supersede any alleged or asserted oral agreement, promise, representation, or understanding between the Parties. In the case of conflict between the Terms and Conditions contained herein and those set forth by the Carrier’s General Rules Tariff, these Terms and Conditions shall apply.

3. Quotations. As written in the CUSTOMER shipping contract agreement between the CUSTOMER and SGT, tariff quotations for freight charges or other charges, provided by SGT to the CUSTOMER are valid for seven (7) calendar days. CUSTOMER understands that quotations are cost estimations provided to CUSTOMER based on motor carrier/trucker-driven marketplace pricing in reliance on the information furnished by CUSTOMER to SGT at the time the quotation is provided, and are subject to change based on actual vehicle weight, make, model, and condition of Vehicle, its dimensions, the number of vehicles being shipped, as well as due to unforeseen or unanticipated costs, occurrences, or events which are beyond the control of SGT such as motor carrier/trucker availability. CUSTOMER acknowledges that new tariff quotations beyond the initial tariff may be offered due to trucker-demand price fluctuations which are at the CUSTOMER's discretion to accept or decline.

4. Customer’s Warranty; Preparation of Vehicle for Transport; and Post-transport Conditions. CUSTOMER warrants that each Shipment is properly classified and completely described on the Bill of Lading or other relevant shipping documentation furnished by Customer, that each Shipment is, except as otherwise noted on the Bill of Lading, in good order and condition. The customer also warrants its compliance with all applicable laws, rules, and regulations including, but not limited to, customs laws, import and export laws, and Hazardous Materials laws. The customer shall furnish such information and attach to the Bill of Lading such documents as are necessary to comply with all laws, rules, and regulations. The customer further agrees to the following:

a. Preparation of Vehicle for Transport. The customer must prepare the Vehicle for transport and remove all loose parts and fragile accessories, including without limitation low hanging spoilers. CUSTOMER shall defend, indemnify, and hold SGT and the Carrier harmless from any claims, damages, or loss arising out of any part of the Vehicle coming loose or falling off during transport of the vehicle, including without limitation claims for damage to other property or personal injury (including death) to any person.

b. Removal of Racks. The customer must remove all non permanent, outside mounted luggage and other racks from the Vehicle prior to transportation.

c. Vehicles Must be in Operable Condition. Vehicles must be tendered to the Carrier in good running condition (unless otherwise noted) with no more than a half tank of fuel, and no less than ¼ tank of fuel.

d. Alarm Systems Disarmed. Customers must disarm any alarm system installed in the Vehicle, or provide valid instructions with regard to disarming the alarm prior to the transportation of the vehicle. If an alarm sounds, and there is no key or instructions to turn it off, the Carrier may silence the alarm by any means and the Customer agrees that neither SGT nor the Carrier will be liable for any damage to the vehicle in such an instance.

e. Motor Carrier/ SGT Not Liable for Personal Property. The customer must remove all luggage and personal property from the Vehicle prior to transportation unless the Customer has disclosed the contents of the personal property to SGT prior to transportation of the Vehicle and SGT agrees to such items being left in the Vehicle. The customer agrees that neither SGT nor the Motor Carrier is liable for any personal property left in the Vehicle in violation of this condition. Any personal property left in the Vehicle not disclosed and agreed to by SGT is at the Customer’s own risk and the Customer agrees to defend, indemnify, and hold SGT and the Motor Carrier harmless from any claims related to any personal property left in the Vehicle in violation of this condition. Motor Carrier will not take an inventory of personal items. The Customer further acknowledges and understands that the Carrier’s cargo insurance may not cover any personal items left in the Vehicle.

f. Oversized; Inoperable Vehicles. Customers will be assessed additional charges for oversized Vehicles (including without limitation limousines, lifted vehicles, and dual or oversized wheels). If the Vehicle is oversized, the Customer is responsible for inquiring about the additional charges. If SGT is not advised that the Vehicle is inoperable or oversized prior to pick-up, additional charges must be paid in cash or money order to the Carrier prior to transportation.

g. Pre-trip Inspection. The Carrier and Customer will, prior to transportation, inspect the Vehicle for pre-existing damage to the exterior by completing a vehicle inspection report recorded on the Bill of Lading. The Carrier and Customer will execute the vehicle inspection report to acknowledge the pre-transportation condition of the Vehicle. The customer will receive a copy of the signed Bill of Lading and vehicle inspection report. The Carrier’s responsibility for the Vehicle begins after the pre-trip inspection is completed and signed.

h. Delivery. Customer, or an agent of Customer designated by Customer prior to transportation, must be present at delivery. After transportation of the Vehicle, the Carrier and the Customer will inspect the Vehicle for any damage that occurred during transport. The Carrier and Customer will sign a final copy of the Bill of Lading acknowledging the condition of the Vehicle at delivery. If the Bill of Lading is signed without notation of any damage, the Customer is affirming that he/she received the Vehicle in good condition. The Carrier’s responsibility for the Vehicle ends when the Customer signs the final bill of lading.

i. Toll Charges. Neither SGT nor the Carrier is responsible for any toll charges or fees incurred by the Customer or another party for Vehicles transported by the Carrier. It is the Customer’s responsibility to turn off and/or remove any toll transponders from the Vehicle prior to transportation thereof. The customer agrees to release and hold SGT and the Carrier harmless from any toll charges incurred during the transportation of the Vehicle.

5. Independent Contractors. It is understood between SGT and CUSTOMER that SGT is not an agent for the Carrier or CUSTOMER and shall remain at all times an independent contractor. CUSTOMER does not exercise or retain any control or supervision over SGT or its operations, employees, or carriers. SGT does not exercise or retain any control or supervision over the Carrier or over the Carrier’s operations or employees. SGT does not exercise or retain any control or supervision over CUSTOMER or over the CUSTOMER’s operations or employees.

6. Waiver. Failure of either party to insist upon performance of any of these Terms and Conditions, or to exercise any right or privilege herein, or the waiver of any breach of any of these terms and conditions, shall not be construed as thereafter waiving any such terms, conditions, provisions, rights or privileges, but the same shall continue and remain in full force and effect as if no forbearance or waiver had occurred.

7. Back Solicitation. CUSTOMER shall not solicit the services of SGT’s motor or other freight carriers where the CUSTOMER’s use of such carrier first occurred through the SGT’s efforts. If the CUSTOMER breaches this provision, SGT shall be entitled, as reasonable damages and not as a penalty, to a commission of fifteen percent of the gross revenue from traffic assigned by CUSTOMER to such carrier for a period of fifteen months. CUSTOMER also agrees that the breach of this provision entitles SGT to be entitled to obtain an injunction against CUSTOMER in a court of competent jurisdiction, at SGT’s option.

8. Terms of Payment; Deposit.

a. Deposit and Payment of Balance. Except for Hawaii shipments (addressed in Term 9), a deposit is due and payable to SGT when the Carrier is dispatched to pick up the Vehicle. Customer authorizes SGT to perform a verification check of Customer’s credit/debit card, once the Customer Shipping Contract is signed electronically by Customer. For orders in the amount of $2,299 or greater, Customer authorizes SGT to process ACH, electronic bank debits or Zelle electronic payments. Regular rate orders above $2,299 must be paid via ACH/wire transfer or Zelle electronic payments only. Any balances due when the Carrier arrives to deliver the vehicle must be paid to the Carrier in cash, cashier’s check, or money order. Business checks are accepted only upon SGT’s agreement in writing prior to pickup. If such balances are paid via Certified cashier’s checks or money orders, they must be made payable to the Carrier assigned to transport the Vehicle, not SGT. Personal checks or credit cards are NOT accepted for the remaining balance due to Carrier. CUSTOMER may not offset damage claims or any other amounts from the deposit or freight charges owed to SGT/Carrier, including without limitation by seeking to charge back a credit card or stopping payment on a check.

b. Cancellation. Customer authorizes SGT to process a one time cancellation fee of $149 on Customer's credit/debit card at the time of cancellation when one or more of the following occurs:

(A) Customer cancels without sending a written cancellation notice to [email protected].

(B) Cancellation occurs before the estimated pickup window expires.

(C) Cancellation occurs for a transport that is double-booked with other broker companies.

(D) Cancellation occurs where the vehicle description has been misrepresented or inaccurate shipment details were provided by Customer as listed in the Customer Shipping Contract (CSC).

(E) Cancellation occurs where Customer imposed Restrictions or payment issues cause delay or the inability to pick up within the estimated pickup window.

(F) Cancellation occurs due to delays to the estimated pickup window caused by Customer requests to change the completed Customer Shipping Contract (CSC) or by not completing the Customer Shipping Contract (CSC).

Any non-refundable deposits can be applied towards a new shipment within 6 months from the date that the original order was canceled. SGT reserves the right to cancel the order at any time, at SGT’s discretion.

As per our Dispute and Collections policy, additional fees may be applicable

c. Past-due Invoices. Past-due invoices are subject to a service charge, calculated on the outstanding balance, at the lesser of (i) the rate of two percent (2%) per month or (ii) the highest legal rate authorized by applicable law. The service charge is not intended as an alternative to payment when due, and upon delinquency further purchases may be declined and the CUSTOMER’s account may be referred for collection. CUSTOMER agrees to pay all costs including reasonable collection costs, attorney’s fees and expenses related to the enforcement of the applicant’s obligations hereunder. The CUSTOMER is liable for all charges payable on account of such CUSTOMER(s) shipment, including but not limited to transportation, fuel and other applicable accessorial charges, including all adjustments issued by the Carrier(s) after the shipment, and all duties, customs assessments, governmental penalties and fines, taxes, and SGT’s attorney fees and legal costs allocable to this shipment and/or all disputes related thereto. CUSTOMER agrees to pay any convenience fees charged by SGT related to the payment of services via credit card or other electronic payment methods.

d. Lien; Adjustment of Freight Charges/ Quote. SGT shall have a lien on the Shipment for all sums due to it relating to this Shipment or any other amounts owed by CUSTOMER. SGT reserves the right to amend or adjust the original quoted amount or re-invoice the CUSTOMER if the original quoted amount was based upon incorrect information provided at the time of the original quote or if additional services by the Carrier were required or otherwise authorized by the CUSTOMER to perform the pickup, transportation and delivery functions therein, including without limitation if the Vehicle is found to be inoperable, customized in any way, or not as listed or described at the time of booking. SGT and the Motor Carrier reserve the right, at their sole discretion, to refuse any Shipment at any time. Unless otherwise agreed, brokers arranging Shipments for clients shall be liable, jointly and severally, for all charges payable on account of such client's shipment.

e. Refunds; SGT will refund all payments by Customer if

(A) Barring Customer imposed Restrictions issues, written cancellation is received before pickup, where the estimated pickup window has expired.

(B) Written cancellation is received before pickup, where there was an increase to the quoted tariff as listed in the Customer Shipping Contract (CSC)

(C) SGT exercises its right to cancel the order at any time.

As per our cancellation policy, fees may be applicable, cancellation requests must be submitted in writing to: [email protected], phone or LiveChat requests will not be accepted.

9. Hawaii Shipments.

a. Full payment is required upon placement of the order. The Customer fully authorizes SGT to negotiate and enter into contracts with the ocean freight carrier (in most cases; MATSON or PASHA) that will perform transportation of the CUSTOMER’S freight. Such contracts may include terms that limit the carrier’s liability for loss or damage to CUSTOMER’S freight. CUSTOMER understands and agrees that it will be bound by such limitations of liability enforced by the ocean freight carrier.

b. Customer fully understands and accepts that Oceanic transportation is subject to the Terms and Conditions of the ocean Carrier’s ocean bill of lading (OBOL), tariff, rate schedules, including limited liability coverage for loss/damages.

c. Customer is fully informed and acknowledges that the Carriage of Goods by Sea Act, 46 U.S.C. §30701 governs ocean Carriers which limits ocean Carrier liability coverage for loss or damages. Damage claims for oceanic transports must be submitted directly to the ocean carrier.

10. Bills of Lading. All Bills of Lading are NON-NEGOTIABLE. CUSTOMER’s or any other party’s insertion of SGT’s name on the bill of lading shall be for convenience only and shall not change SGT’s status as a property broker. CUSTOMER understands that even when, for CUSTOMER’s convenience, SGT is listed on the bill of lading, SGT is not a motor or other freight carrier and will not perform transportation of freight.

11. Place of Pickup and Delivery. The Carrier shall pick up and deliver the Vehicle as close to Shipper’s/ Consignee’s door as legally and as safely as possible. An alternate place to load or unload may be necessary because of low-hanging trees, low-hanging wires, narrow streets, and residential and city area restrictions. The pickup and/or delivery location may be changed by the Carrier as deemed necessary by the Carrier for the safe loading/unloading of the vehicle.

12. Indemnity. Customer, Consignor and Consignee shall be jointly and severally liable for all unpaid charges payable on account of the Shipment pursuant to the Terms and Conditions and shall pay or indemnify SGT for claims, fines, penalties, damages, costs (storage, handling, re-consignment, return of freight to the shipper, etc.) or other sums which may be incurred by SGT by reason of any violation of the Terms and Conditions, any other default of Customer, Consignor, Consignee.

13. Limitations of Liability and Claims. SGT is a broker only and not a Motor Carrier. SGT has no responsibility to transport and deliver CUSTOMER'S freight but is solely responsible for arranging for transportation of CUSTOMER'S freight with a motor carrier authorized to transport CUSTOMER'S freight by applicable regulatory authorities. CUSTOMER is fully informed and acknowledges that Federal transportation law via the Carmack Amendment to the ICC Termination Act of 1995, 49 U.S.C. §14706, governs damage claims against Motor Carriers. Brokers do not take possession of freight and are not liable for freight/cargo claims. CUSTOMER further acknowledges SGT has no responsibility, liability, or involvement in the issuance of insurance, the denial of insurance, or the payment of claims. The CUSTOMER'S sole remedy for any claims for damage to the cargo is against the Motor Carrier. The Motor Carriers governing Rules Tariff and/or Carrier’s contract with Broker determines the Carrier’s liability and limitations of liability. CUSTOMER is subject to such provisions of the Carrier’s Rules Tariff and/or contract with SGT. Carrier's insurance information will be provided to the CUSTOMER upon request. CUSTOMER additionally understands and agrees that general cargo insurance exclusions may apply for losses or damages that are caused out of the Motor Carrier's control such as stand alone mechanical or electrical issues, unseen/uninspected undercarriage areas, pre-existing loose/broken parts, the vehicle's interior, personal items, toll charges, or Acts of God or Terrorism.

(a) Damage/ Freight Claims. SGT will facilitate and attempt to assist in the resolution of freight claims but has no responsibility or liability related to any claim and any involvement by SGT in facilitating freight claims shall not be deemed as waiving SGT’s absolute defense to freight claims. The Carrier is responsible for adjusting, paying, declining, or otherwise resolving freight claims. All freight claims should be submitted immediately to SGT to help ensure the timely resolution of the claim with the Carrier. If the loss or damage is apparent, the consignee must note such loss or damage information on the bill of lading/delivery receipt. If the loss or damage is not apparent (concealed), the CUSTOMER or Consignee must contact SGT within 24 hours after taking delivery. If CUSTOMER gives SGT notice of Customer’s intention to make a loss or damage claim, SGT, Carrier, and/or Carrier’s insurer shall have the right to inspect the Vehicle at the location where the Vehicle was delivered. The filing of a claim does not relieve the responsible party from payment of freight charges. Freight charge payment is necessary in order for the Carrier to process a claim. CUSTOMER may not offset claims or any other amounts from freight charges owed to SGT or the Carrier. SGT may offset freight or other charges owed by CUSTOMER from claims or other payments made to CUSTOMER by SGT or Carrier. If payment of the claim is made by SGT to CUSTOMER, at SGT’s sole discretion, CUSTOMER automatically assigns its rights and interest in the claim to SGT so as to allow SGT to subrogate its loss. Unless otherwise provided in an applicable statute, the failure to give timely notice of any loss or damage in accordance with this Section 13(a) or the failure to permit or arrange an inspection as required herein shall constitute an absolute bar to recovery for any claim for loss or damage. Further, it is incumbent upon the claimant and all other interested parties to mitigate the damages to the extent that is reasonably possible under the circumstances.

(b) No Liability for Damage to Vehicle. As a freight broker, SGT has no liability for loss, delay, or damage to the freight. The customer’s sole remedy for loss of, non-delivery, or damage to the Vehicle is against the Carrier. SGT is not liable for any loss, damage, late delivery, non-delivery, or consequential damages caused by the act, default, or omission of (1) the Carrier, (2) the CUSTOMER, or (3) any other party who claims an interest in the shipment, or caused by the nature of the shipment or any defect thereof. Neither SGT nor the Carrier provides compensation for loss of use of the Vehicle nor does SGT/ Carrier provide reimbursement or compensation for rental vehicles as a result of damage to the Vehicle. Further, neither Carrier nor SGT is liable for mechanical or electrical failure of the Vehicle or failure of any operating parts of the Vehicle.

(c) No Consequential Damages. IN NO EVENT SHALL SGT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF MARKET, LOSS OF INCOME, DAMAGES ARISING FROM LOSS, ATTORNEY'S FEES, OR PUNITIVE DAMAGES, WRONG DELIVERY, OR DAMAGE TO PROPERTY, DELAYED DELIVERY OR FAILURE TO ATTEMPT DELIVERY, WHETHER OR NOT SGT AUTO TRANSPORT HAD KNOWLEDGE THAT SUCH DAMAGES OR LOSSES MIGHT OCCUR.

(d) Bilateral Contracts. CUSTOMER authorizes SGT to negotiate and enter into contracts with carriers that will perform transportation of CUSTOMER’S freight. Such contracts may include terms that limit the carrier’s liability for loss or damage to CUSTOMER’S freight. CUSTOMER understands and agrees that it will be bound by such limitations of liability.

(e) Insurance. CUSTOMER represents and warrants it has insurance or is self-insured to satisfy any damage or loss of freight involving the brokerage services of SGT. Furthermore, CUSTOMER acknowledges that SGT is not obligated to provide cargo insurance and is not legally liable for any loss, damage, or delay of freight. SGT will provide details regarding the Carrier’s cargo insurance upon request.

(f) ALL COMMUNICATIONS REGARDING A CLAIM, INCLUDING DISPUTED DEBTS AND INSTRUMENTS TENDERED AS FULL SATISFACTION OF A DEBT ARE TO BE SENT IN WRITING TO SGT Auto Transport Corp. at the following address: 80 Orville Dr, Ste 100, Bohemia, NY 11716.

14. Forum Selection and Choice of Law. The Terms and Conditions, and any action or contract to which they apply, shall be governed and interpreted by the laws of the State of New York U.S., without reference to its choice of law provisions. All suits to recover a claim must be exclusively submitted to the jurisdiction of a state or federal court embracing Suffolk County, New York, to which the Parties irrevocably consent to personal jurisdiction and waive all objections thereto. Where claims are not filed or suits are not instituted in accordance with the foregoing provisions, such claims shall be deemed waived and will not be paid.

15. Changes to Terms & Conditions. CUSTOMER agrees to be bound by all of the terms, and conditions contained in any shipping order. SGT may modify these Terms and Conditions from time to time by posting the most up-to-date Terms and Conditions on https://sgtautotransport.com/terms-and-conditions. Such changes shall be effective for all transactions between SGT and CUSTOMER on the date of the notice/posting.

16. Website Access. All ownership rights, intellectual property rights, and other proprietary rights relating to the SGT website belong to SGT. These Terms and Conditions do not entail any assignment of any intellectual property to CUSTOMER. Subject to the Terms and Conditions and the due payment of all applicable fees, SGT grants CUSTOMER a perpetual, non-exclusive, worldwide, non-transferable license to use the SGT website. The rights granted under this Section are limited to CUSTOMER’s internal purposes only. Any use of the website by any third party or for providing services to any third party is strictly prohibited. Notwithstanding the aforesaid, the website may be used by CUSTOMER, its subsidiaries, and affiliates for their internal purposes. SGT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE. SGT will not be liable for any indirect, direct, special, or consequential losses or damages, including but not limited to, loss of business or lost profits. Customer hereby releases, forever discharges, and holds SGT harmless from and against all claims, actions, suit, proceedings, obligations, liabilities, losses, costs, or expenses resulting from, related to, or in connection with Customer’s access to or usage of SGT’s website or breach of this Section 16.

17. Severability. If any provision of the Terms and Conditions may be construed in two ways, one of which would render the provision illegal or otherwise voidable or unenforceable and the other which would render it valid and enforceable, such provision shall have the meaning which renders it valid and enforceable. The language of all provisions of the Terms and Conditions shall be construed according to fair meaning and not strictly construed against any party. The provisions of the Terms and Conditions are severable and shall be interpreted and enforced as if all completely invalid or unenforceable provisions are not contained herein, and partially.

18. Pick Up and Delivery Times; Delay. SGT shall provide the Customer with an estimated pickup date and estimated delivery date. The customer acknowledges and agrees that pick-up dates and delivery dates are estimates! The customer further agrees and acknowledges delays may occur prior to, and/or during, transport of the Vehicle due to various issues, including without limitation driver shortage, weather, and road conditions. SGT does not guarantee any pickup or delivery times or dates. SGT and Carrier are not liable for loss or damages occasioned by delays of any kind or for any reason. Further, SGT and Carrier are not responsible for car rental fees or accommodation fees due to delay in delivery of the Vehicle. See our cancellation policy for details on possible applicable fees if cancellation is requested.

19. Confidentiality. Pricing information, including any information contained in a written or oral quote, is confidential information between the parties and may not be disseminated to other than those CUSTOMER employees and agents with a need to know and who are responsible for analyzing its contents and may not be disseminated to any third parties without the express permission of the other party.

20. Logo/ Trademark.CUSTOMER shall not use SGT’s name, logo, trademarks, or trade names in publicity releases, promotional material, customer lists, advertising, marketing or business generating efforts, whether written or oral, without obtaining SGT’s prior written consent, which consent may be withheld at SGT’s sole discretion.

21. Undelivered Freight; Storage.

(a) If freight cannot be delivered because of the Consignee’s refusal or inability to accept it, or because the Carrier cannot locate the Consignee, or if freight cannot be transported because of an error or omission on the part of the Consignor, the Carrier will make a diligent effort to notify the Consignor promptly that the freight is being stored and the reason therefor.

(b) Undelivered shipments will be placed in storage. Neither SGT nor the Carrier has any liability for any storage fees. The customer shall pay all storage fees delivery prior to pickup of the Vehicle. In the event the Vehicle is re-delivered, the Customer is responsible for all accrued storage fees and freight charges for the re-delivery of the Vehicle.

22. Disputes and Collections. Any credit card dispute/chargeback, whether for services rendered or applicable cancellation fees, will be reviewed in accordance with the above-mentioned terms and conditions. If a dispute arises and is escalated to our collections agency, additional fees may be imposed. This could result in a larger total amount owed than the original disputed amount. SGT Auto Transport reserves the right to add a $200 fraudulent chargeback fee for any chargeback/credit card dispute submitted by the customer/card holder.

23. SGT Auto Transport Best Price Guarantee. This clause clearly outlines the terms of the guarantee and any exclusions that apply.

(a) Our Commitment: At SGT Auto Transport, we are dedicated to providing our customers with exceptional service at the most competitive prices. We are confident in our pricing structure and therefore, offer a Best Price Guarantee to ensure that you receive the best possible rate for your auto transport needs.

(b) Price Match Promise: If you find a lower price from a reputable competitor for an identical auto transport service within 24 hours of booking with us, we will gladly review and confirm if we can match or beat that price. We strive to ensure you receive the highest quality service at the lowest possible cost.

(c) Price Adjustment: Upon successful verification of your claim, we will adjust your booking to reflect the matched price, ensuring you receive the best available rate.

(d) Exclusions: This Best Price Guarantee does not apply to special promotions or rates available through third-party sites. Additionally, the Guarantee is not valid in cases of pricing errors or clear typographical errors, or double booked or misrepresented transports.

(e) Right to Modify or Cancel: SGT Auto Transport reserves the right to modify or discontinue the Best Price Guarantee at any time without prior notice.

24. SGT Auto Transport Guaranteed Pickup Service

(a) Guaranteed Pickup Service: SGT Auto Transport (“SGT”) offers a Guaranteed Pickup Service to provide our customers with certainty and peace of mind in their auto transport needs. This service guarantees that your vehicle will be picked up within the specified timeframe agreed upon at the time of booking.

(b) Eligibility: The Guaranteed Pickup Service is available for select routes and vehicle types. Customers must explicitly opt for this service. Customers understand that this is a premium service that adds an additional cost to the original price for the auto shipment

(c) Scheduling: Customers opting for the Guaranteed Pickup Service must provide accurate and complete information regarding the pickup location, vehicle details, and preferred pickup date. SGT will confirm the pickup details and provide a Guaranteed Pickup Date.

(d) Pickup Guarantee: SGT guarantees to pick up your vehicle on the confirmed Guaranteed Pickup Date. In the rare event that we are unable to meet this commitment due to unforeseen circumstances (e.g., severe weather, road closures, mechanical failures), SGT will provide timely communication and work diligently to reschedule the pickup at the earliest available opportunity.

(e) Customer Responsibilities: Customers must ensure that the vehicle is prepared for transport and accessible to our carriers at the agreed-upon time and location. Any changes to the pickup details must be communicated to SGT at least 48 hours prior to the Guaranteed Pickup Date.

(f) Exclusions: The Guaranteed Pickup Service does not cover delays caused by customer unavailability, any inaccurate information provided by the customer, force majeure events such as severe weather, road closures or mechanical failures, or any other circumstances beyond SGT’s reasonable control. In such instances, as SGT nor the Motor Carrier are at fault, the Customer Shipping Contract pricing remains the same and SGT will reschedule the pickup at the earliest available opportunity given the situation.

25. Electronic Communications

By checking the consent box on our website, You consent to receive communications from us electronically, such as e-mails, texts, ringless voicemails, mobile push notices, or live broadcasting notices, and messages, as set forth in our Privacy Policy. When you send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically, and you consent to receiving messages from us via this service and/or through other of our communication methods. You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you on our Websites, Apps and/or other electronic or digital medium satisfy any legal requirement that such communications be in writing.