Terms and Conditions for the Arrangement of Motor Carrier Transportation by SGT Auto Transport Corp.
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. 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).
- “Auxiliary Services” are those services which are performed prior or subsequent to transportation such as storage which are requested by Customer and arranged by SGT as an additional service.
- “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.
- “Bill to Party” is the person or entity to whom the Bill of Lading instructs SGT to issue the invoice to for the Shipment.
- “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.
- “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.
- “CUSTOMER” or “Shipper” includes the person or entity with whom SGT has contracted to arrange to move the Shipment and any Person whom directly benefits from services performed pursuant to the Terms and Conditions
- “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.
- “Person” means any individual, corporation, limited liability company, joint venture, trust, partnership or other entity.
- “SGT” means SGT Auto Transport Corp, and its affiliated companies, and their respective employees, officers, directors, and agents performing freight brokerage services pursuant to the Terms and Conditions.
- “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.
- 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 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 document, 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.
- Quotations. Except as set forth in a written agreement between the CUSTOMER and SGT, quotations as to freight charges or other charges provided by SGT to CUSTOMER are valid for seven (7) calendar days. CUSTOMER understands that quotations are provided to CUSTOMER in reliance on the information furnished to SGT at the time the quotation is provided, and are subject to change based on actual weights, the actual make, model or condition of Vehicle, dimensions, and volumes tendered by the CUSTOMER, as well as due to unforeseen or unanticipated costs, occurrences or events which are beyond the control of SGT.
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. 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. 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. Customer further agrees to the following:
- Preparation of Vehicle for Transport. 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.
- Removal of Racks. Customer must remove all nonpermanent, outside mounted luggage and other racks from the Vehicle prior to transportation.
- 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.
- Alarm Systems Disarmed. Customer 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 Customer agrees that neither SGT nor the Carrier will be liable for any damage to the vehicle in such an instance.
- Carrier/ SGT Not Liable for Personal Property. Customer must remove all luggage and personal property from the Vehicle prior to transportation unless 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. Customer agrees that neither SGT nor the Carrier are 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 Customer agrees to defend, indemnify, and hold SGT and the Carrier harmless from any claims related to any personal property left in the Vehicle in violation of this condition. Carrier will not take an inventory of personal items. Customer further acknowledges and understands that the Carrier’s cargo insurance may not cover any personal items left in the Vehicle.
- Oversized; Inoperable Vehicles. Customer will be assessed additional charges for oversized Vehicles (including without limitation limousines, lifted vehicles, dual or oversized wheels). If the Vehicle is oversized, 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.
- 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. 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.
- 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, 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.
- Toll Charges. Neither SGT nor the Carrier are responsible for any toll charges or fees incurred by Customer or another party for Vehicles transported by the Carrier. It is Customer’s responsibility to turn off and/or remove any toll transponders from the Vehicle prior to transportation thereof. Customer agrees to release and hold SGT and the Carrier harmless from any toll charges incurred during the transportation of the Vehicle.
- 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.
- 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.
- 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.
Terms of Payment; Deposit
- Deposit and Payment of Balance. Except for Hawaii shipments (discussed below), a deposit is due and payable to SGT when the Carrier is dispatched to pick-up the Vehicle. The deposit further becomes non-refundable when the order status is updated to reflect that a Carrier has been assigned to the Shipment. Customer authorizes SGT to process Customer’s credit/ debit card once the order has been placed and the order form is signed electronically by Customer. Customer authorizes SGT to process ACH and electronic bank debits for orders in the amount of $2,299 or greater. Regular rate orders above $2,299 must be paid via ACH/ wire transfer only. The balance of the payment is due when the Carrier arrives to pick-up the Vehicle. Payment must be made 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. Certified cashier’s checks or money orders 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 stop a check.
- CancellationThe deposit is non-refundable upon assignment of the Carrier and SGT’s services are considered rendered in full once the Carrier is assigned to an order. Cancellation requests must be submitted in writing to [email protected] prior to the Carrier dispatch/ scheduling. Phone requests will not be accepted and are not considered an official cancellation request. SGT reserves the right to cancel the order at any time, at SGT’
- 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 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.
- 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 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.
- Hawaii Shipments. For Hawaii shipments, full payment is required upon placement of the order. Further, Customer authorizes SGT to provide the ocean freight carrier (MATSON) with Customer’s credit card information for the ocean freight charge. Receipts for the ocean freight charge are available upon request.
- 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.
- Place of Pickup and Delivery. The Carrier shall pickup 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, 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.
- 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 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.
- 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. SGT has no responsibility, liability or involvement in the issuance of insurance, the denial of insurance, or in the payment of claims. Customer’s sole remedy for any claims for damage to the cargo is against the Carrier. Carrier's governing Rules Tariff and/or Carrier’s contract with BROKER determines the Carrier’s liability, limitations of liability, and the amount of excess liability available. CUSTOMER is subject to such provisions of the Carrier’s Rules Tariff and/or contract with SGT. Insurance information will be provided to the CUSTOMER upon request.
- 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 timely resolution. 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 for 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 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 12 (a) or the failure to permit or arrange 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.
- No Liability for Damage to Vehicle. As a freight broker, SGT has no liability for loss, delay and damage to freight. 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 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 are liable for mechanical failure of the Vehicle or failure of any operating parts of the Vehicle.
- No Consequential Damages. IN NO EVENT SHALL SGT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXAMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF MARKET, LOSS OF INCOME, DAMAGES ARISING FROM LOSS, ATTORNEYS’ FEES OR PUNITIVE DAMAGES, WRONG DELIVERY, OR DAMAGE TO PROPERTY, DELAYED DELIVERY OR FAILURE TO ATTEMPT DELIVERY, WHETHER OR NOT BT CARGO HAD KNOWLEDGE THAT SUCH DAMAGES OR LOSSES MIGHT OCCUR.
- 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.
- 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.
- 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: 220 N Main Street, Suite 500, Greenville, SC 29601.
- 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 South Carolina, 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 Greenville County, South Carolina, 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.
- Changes to Terms & ConditionsCUSTOMER agrees to be bound by all of the terms, 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.
- 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 15.
- 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, ATTORNEYS’ FEES OR PUNITIVE DAMAGES, WRONG DELIVERY, OR DAMAGE TO PROPERTY, DELAYED DELIVERY OR FAILURE TO ATTEMPT DELIVERY, WHETHER OR NOT SGT HAD KNOWLEDGE THAT SUCH DAMAGES OR LOSSES MIGHT OCCUR.
- 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.
- Pick Up and Delivery Times; Delay. SGT shall provide Customer with an estimated pickup date and estimated delivery date. Customer acknowledges and agrees that pickup dates and delivery dates are estimates! 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 or 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.
- ConfidentialityPricing 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.
- 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.
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 are have any liability for any storage fees. Customer shall pay all storage fees delivery prior to pickup of the Vehicle. In the event the Vehicle is re-delivered, Customer is responsible for all accrued storage fees and freight charges for the re-delivery of the Vehicle.