July 14th, 2022
Thank you for choosing Saas Logistic, LLC (“Saas Logistic”) for your vehicle’s transport. By using our services or using our website or our technology product & services – App, Portal, TMS, etc. you and the individual or entity you represent accept all the terms and conditions of service (“TERMS”) stated herein. In the event of a conflict between these TERMS and those in any other document, including a motor carrier bill of lading, tariff or service guide, or any other documents, these TERMS will supersede and control as between you and Saas Logistic. These TERMS cannot be modified or changed by anyone except for Saas Logistic’s manager who holds the rank above executive vice president or higher.
Definitions
- “Additional Services” means upgrades and additional services ordered by the Customer such as vehicle top-loading, guaranteed pick up date, covered transport, additional personal belongings,
- “Bill of Lading” means a document provided by the Carrier to the Customer at delivery documenting the details of the Shipment and its condition, Point of Origin, Destination, and other details regarding the Order. Bill of Lading can serve as a receipt or a contract between the Carrier and
- “Carrier” means a motor carrier of property, as defined at 49 U.S.C. §13102(14), duly licensed by State and/or Federal Department of Transportation, or a carrier of goods by sea pursuant to 46 S.C. § 30701.
- “Carrier Form” means a receipt, inspection report, Bill of Lading, shipping order or similar document provided by the Carrier at Point of Origin and/or
- “C.O.D.” means collect on delivery or payment on
- “Customer” means the individual, company, or other entity, including its agents and representatives, ordering the transportation of
- “Customer’s Agent” means an individual over the age of 18 designated by Customer to act on Customer’s behalf or as an
- “Destination” means the Shipment drop off location designated by the Customer or as later modified by mutual agreement between Saas Logistic and Customer prior to
- “Inoperable” means a state or condition in which a shipment cannot function or be driven for any reason including but not limited to its parts having been removed, altered, damaged, or deteriorated such parts including but not limited to engine, transmission, wheels, steering mechanism, brakes, tires,
- “Order” means Customer’s request for Saas Logistic, LLC to arrange for the transportation of Customer’s Shipment.
- “Order Confirmation” means any written confirmation from Saas Logistic, LLC to the Customer confirming the Customer’s Order and other details including but not limited to description of Shipment, Point of Origin, Destination, dates, and quoted rate.
- “Point of Origin” means the Shipment pick up location designated by Customer or as later modified by mutual agreement between Saas Logistic and Customer prior to
- “Saas Logistic” means Saas Logistic, LLC its affiliates and Saas Logistic, LLC is a transportation broker as defined at 49 U.S.C. § 13102(2), arranging for the transportation of freight through third party Carriers and is duly licensed by the Department of Transportation (DOT), and is registered with the Federal Motor Carrier Safety Administration (FMCSA) under Docket No. MC-1428044 and/or other government agencies as may be required by law. Saas Logistic, LLC is not a Carrier.
- “Shipment” means the Customer’s property — an automobile or motorized vehicle — arranged for transportation in accordance with these TERMS.
Services
- Upon Customer’s request, Saas Logistic will arrange for the transportation of Customer’s Shipment by Carriers subject to these TERMS. Saas Logistic reserves the right, in its sole discretion, to refuse or cancel any Order at any
- Saas Logistic’s brokerage services are deemed completed when a Carrier has accepted Customer’s Order.
- Customer understands and accepts that Saas Logistic (a) operates only as a transportation broker, (b) is not a motor carrier or transporter, and (c) does not hold itself out as providing the transportation of
- Customer expressly understands and agrees that Saas Logistic never takes custody or possession of, transports, or handles Customer’s Shipment, or assumes any liability for the Shipment.
- All ocean transportation arranged by Saas Logistic will also be subject to the terms and conditions of the ocean Carrier’s bill of lading, tariff, schedules, rates, and Ocean Carriers offer limited liability coverage for loss or damage, and Customer must inquire with the ocean Carrier about purchasing additional insurance.
- Saas Logistic shall provide Customer with an estimated pickup and estimated delivery date, however, delays may occur prior to, and/or during transport due to weather or road conditions, government regulations, mechanical problems, and other causes that are beyond Saas Logistic’s Saas Logistic cannot and does not guarantee delivery dates or times. Customer understand and accepts that Saas Logistic is not – responsible or liable for any losses or expenses caused by delays of any kind or for any reason.
Customer’s Responsibilities
- Accuracy of Information. Customer understands and accepts that Customer is solely responsible to ensure the accuracy of all the details including the description of the Shipment (year, make, model, body style, trim, ), Point of Origin, Destination, fees, and special instructions in the Order Confirmation, and as applicable, on the Carrier’s Form, Bill of Lading, or other required documents. Any changes or corrections to the Shipment description or any other changes to an Order may result in additional fees or cancellation of the Order. Customer waives all claims against Saas Logistic for any additional charges, any damages, or cancellation caused by inaccurate information provided by customer to Saas Logistic and even in case where the Shipment does not match the Shipment listed in the Order Confirmation.
- Shipment size and condition. Customer must inform Saas Logistic about the Shipment’s size and condition at the time of booking and prior to the pick-up Customer understands and accepts that if the Shipment is or becomes inoperable during the transit, or if the Shipment (a) is modified from the original equipment manufacturer (“OEM”) condition with features including but not limited to aftermarket spoilers, lowered chassis, height modifications, etc., (b) is oversized due to but not limited to dual or oversized wheels, extra-large tires, racks, lifted chassis (c) is a large vehicle such as a limousine or a hearse, then the Carrier may charge additional fees to transport such Shipment or refuse to transport the Shipment altogether.
- Preparing Customer understands and accepts that Customer is responsible for preparing the Shipment for transportation. Customer must either secure or remove all loose parts, fragile accessories, low hanging spoilers, etc. prior to shipment. Customer must remove all non-permanent, outside mounted luggage and other racks prior to shipment. Shipment must be tendered to Carrier in operable condition with no more than a quarter tank of fuel. Customer understands and accepts that Customer is responsible for any damages, losses and claims to the Shipment, other vehicles and/or persons which are caused by any part of the Shipment that becomes loose or detached during the transport.
- Customer must disarm any alarm system installed in the Shipment or provide clear instructions for disengaging it to the Carrier. In the event such alarm is activated during the transit, and there are no keys or instructions to turn it off, Carrier may be forced to silence alarm by any reasonable means available and without recourse by Customer.
- Personal Customer may leave one suitcase OR one bag carrying personal property which shall not exceed one hundred pounds (100 lbs.) and must be confined to the trunk or storage area of the Shipment. Customer must notify Saas Logistic and Carrier of such personal property in the Shipment at the Point of Origin prior to loading of the Shipment. Customer understands and accepts that the Carrier has the right to reject any personal property in the Shipment if transporting such personal property is unsafe or violates the law. Customer is advised not to leave any negotiable instruments, legal papers, jewelry, furs, money, cash or currency, antiques, or any valuable articles in the Shipment. Customer understands and accepts that the Carrier and Saas Logistic are not liable for personal items of any kind and value left in the Shipment, or for damage to Shipment caused by excessive or improper loading of personal items. If Customer puts personal property in the Shipment, Customer does so at Customer’s own risk.
- Prohibited Items. Customer understands and accepts that Customer is expressly prohibited from loading any explosives, guns, ammunition, weapons, flammable products, live pets, live plants, any contraband, drugs or narcotics, alcoholic beverages, and or any illegal goods in the Shipment. Customer understands and accepts that upon discovery, such prohibited items and/or the Shipment may be confiscated or disposed of by law enforcement, or the Carrier and the Order may be cancelled in entirety without any remuneration or compensation to Customer and Customer will be solely responsible for any fees, fines, damages, or other liabilities arising from a violation of this
- Shipment by sea or water body. Customer understands and accepts that no personal property of any nature or value and no illegal goods will be allowed in the Shipment for transportation by sea and Customer will ensure that the Shipment is completely empty except for OEM or factory installed equipment. Customer is responsible for furnishing all required documents and paperwork required by U.S. and international Customer must share the vehicle identification number (VIN) and its approximate value in U.S. dollars at the time of placing the Order. If the Point of Origin or Destination is a shipping port, then Customer agrees to pay any associated additional fees.
Customer Warranties
Customer warrants that Customer will comply with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the Shipment may be carried. Customer agrees to furnish such information and documents as are necessary to comply with applicable laws, rules, and regulations. Saas Logistic assumes no liability to Customer or to any other person for any loss or expense due to Customer’s failure to comply with this provision. Any Customer’s Agent and/or entity acting on behalf of Customer also warrants that it has the right to act on behalf of Customer and the right to legally bind Customer.
Pickup and Delivery of Shipment
- Customer understands and accepts that a change to Point of Origin and/or Destination may be necessary due to municipal zoning restrictions, road conditions, road closures, low hanging trees, low hanging wires, narrow streets, residential area restrictions,
- If the Carrier is unable to access the Point of Origin or Destination, Customer agrees to meet the Carrier at an alternate location in order for the Carrier to safely pick up or drop off the Shipment.
- Customer must be present at the Point of Origin and Destination for the pickup and/or delivery of a Shipment, or Customer must designate a Customer’s Agent if Customer is unavailable for any
- At the time of pickup at the Point of Origin, Customer or Customer’s Agent agrees
to (1) carefully inspect the Shipment with the Carrier for pre-existing damage, and
(2) acknowledge the condition of the Shipment by a) noting any pre-existing damage on the Carrier Form or Bill of Lading, b) signing the Carrier Form or Bill of Lading, and c) requesting a copy of same from the Carrier. Customer or Customer’s Agent is also urged to photograph the Shipment from all angles at the Point of Origin.
- At the time of delivery at Destination, Customer or Customer Agent agrees to carefully inspect the Shipment in the presence of the Carrier for possible transit damage and clearly notate any new damage as exception on the Bill of Lading. Customer or Customer’s Agent agrees to sign and require a final copy of the Bill of Lading signed by the Carrier to serve as a final Shipment condition report, especially in case of a dispute with the Carrier. Again, Customer or Customer’s Agent is urged to photograph the Shipment from all angles prior to signing the Bill of
- Customer understands and accepts that Customer’s or Customer Agent’s signing of the Carrier’s Form or Bill of Lading at Destination without any notation of any damage regardless of the lighting or weather conditions at the time of inspection, will serve as confirmation that Customer received the Shipment at destination in satisfactory condition and that Saas Logistic and the Carrier will have no further
Carrier Responsibilities
- Carrier shall (a) pick up and deliver Customer’s Shipment as close to Customer’s door or Customer’s designated Point of Origin and Destination as legally and safely possible, and (b) transport the Shipment in a commercially reasonable
- Carrier may issue a Carrier Form, receipt, or Bill of Lading at the Point of Origin and/or Destination. Customer or Customer’s Agent agrees to read such Carrier Form carefully as it may constitute a contract of transportation as between Customer and Carrier, and Customer will contact Carrier directly with any disputes or questions regarding such
- Customer understands and agrees that Customer may also be subject to the Carrier’s terms and conditions of service, tariffs, rules or classification, copies of which must be requested by the Customer directly from the
Fees and Payment
- Customer agrees to pay all amounts due in full for each Order and any Additional Services as per the terms of the Order Confirmation and these TERMS without any offsets, chargebacks, or reductions by Customer for any actual, pending, or unfiled claims, losses, delays, or Payment for Saas Logistic’s services is due when a Carrier accepts an Order as Saas Logistic’s services have been rendered at that point.
- If customer fails or ignores or refuses to reveal all the shipment information or conditions, the customer admits and agrees that Saas Logistic may levy addition freight charges that it has incurred as a result of brokering such shipment for transporting through the carrier. Customer agrees and authorizes Saas Logistic to charge customer’s credit card automatically against the fees incurred as a result customer’s failure set forth
- Any outstanding invoices for Saas Logistic’s services shall accrue an interest rate of one and a quarter percent (1.25%) per month and Customer shall be liable to Saas Logistic for all expenses incurred by Saas Logistic, plus reasonable attorney’s fees, to collect any outstanding
- If Shipment is placed in storage due to Customer’s refusal to pay the fees or accept delivery from the Carrier for any reason, then the Shipment may be placed in storage at Customer’s expense and subject to Carrier’s lien for transportation charges until Customer pays in full the outstanding Any or all storage and redelivery charges will be the responsibility of Customer and Customer agrees that Customer will not look to Saas Logistic for reimbursement.
Cancellation and Refund Policy
- Customer may cancel an Order at any time at no cost or cancellation fees as long as the Order has not yet been accepted by a Carrier. If the Order is canceled for any reason after a Carrier accepts the Order, such reasons including but not limited to Customer canceling an Order, Saas Logistic canceling an Order due to the Customer’s breach of these TERMS or if the Carrier is denied pick up of the Shipment for any reason when the Carrier arrives at the Point of Origin, then the Customer agrees to pay a minimum of two hundred and fifty dollars ($250.00) in cancellation fees as Saas Logistic services have been rendered at that point. Customer understands and accepts that the Customer may be subject to additional cancellation fees including but not limited to a dry run fee imposed by a Carrier and other vendors contracted to fulfill Customer’s Order.
- Customer is entitled to a refund for only the unfulfilled portion of the services. If Additional Services were paid for but not rendered for any reason and the Shipment was delivered, the sole remedy for the Customer shall be a refund for the unfulfilled portion of the Additional Services
- Cancellation of an Order by Customer must be submitted in writing via email sent to admin@saaslogistics.io . Cancellations made via telephone, text, chat, or any other medium will not be accepted by Saas
Loss, Damage or Delay Claims
- Saas Logistic is a property transportation broker, therefore, is not and will not be liable for any cargo loss and damage claims for any reasons. With the same note, Saas Logistic will not be liable for or reimburse any auto rental accruals, storage fees, or any other incurred
- If Customer has a claim for loss or damage to a Shipment, then Customer understands and agrees that the party liable for all such claims is the Carrier and not Saas Logistic, and it is Customer’s responsibility to file any claim directly with the Carrier who transported the
- If Customer decides to file a claim against the Carrier, Customer must promptly report such claim to Saas Logistic, but in no event later than 48 hours of the delivery, so Saas Logistic may provide the Customer with relevant documents regarding the Carrier in a commercially reasonable
- Customer is hereby informed and understands that claims against motor Carriers are governed by federal law, the Carmack Amendment to the ICC Termination Act of 1995, 49 S.C. §14706, and claims against ocean Carriers are typically governed by the Carriage of Goods by Sea Act, 46 U.S.C. §30701. Customer is urged to seek
independent legal advice (at Customer’s sole expense) on these laws in the event
of a claim.
- Customer understands and agrees that Saas Logistic and Carrier are not liable for any cargo loss or damage caused by any acts or omissions that are out of Saas Logistic’s or Carrier’s control including but not limited to damage caused by weather conditions including hail, storm or other acts of God, riots, strikes, political unrest, acts of terrorism, loose, worn, or broken parts of a Shipment, personal items in the Shipment. It is communicated to customer and customer understood and agreed that Saas Logistic will not be liable for any reimbursement towards any auto rental accruals, storage fees or any other incurred
Indemnification
Customer agrees to indemnify, defend and hold Saas Logistic and its employees, officers, managers and directors harmless from and against any and all losses, liabilities, damages, payments, settlements, judgments, penalties, fines, expenses, (including attorneys’ fees), and costs, suits, actions and claims (whether actual, potential, threatened or pending), brought by any person or entity, including damages for injury or death of persons and/or damage to property, including real property and/or the environment, claim liability and damages, arising from the acts or omissions of Customer, its agents, employees or representatives.
Limitation of Liability
- The total cumulative liability of Saas Logistic for any and all claims and damages, whether arising from statute, contract, tort or otherwise, shall not under any circumstances exceed the total fees paid by Customer to Saas Logistic for Saas Logistic’s services under the respective Order
- EXCEPT AS OTHERWISE PROVIDED HEREIN, Saas Logistic MAKES NO WARRANTIES FOR ANY OF ITS SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE
- UNDER NO CIRCUMSTANCES WILL Saas Logistic BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO A SHIPMENT OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
Arbitration
- In the unlikely event Saas Logistic is unable to resolve a Customer dispute, claim or controversy arising out of or relating to these TERMS, an Order, Saas Logistic’s services, or any other Customer engagement with Saas Logistic (“Dispute”) including Disputes that accrued before Customer accepted these TERMS, then Customer agrees to resolve all such Disputes through mandatory arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The place of arbitration shall be Gwinnett County, Georgia, And the language of arbitration will be English
- Customer agrees to pay all the attorney’s fees including court costs, that Saas Logistic incurs in any arbitration or litigation or litigations in which Saas Logistics preponderate
Miscellaneous
- Saas Logistic shall be an independent contractor with respect to Customer and Carrier, and nothing herein contained shall be construed to be inconsistent with such relationship or
- Except as expressly set forth in these TERMS, Customer may not assign any rights hereunder without Saas Logistic’s prior written consent. These TERMS are binding on and inure to the benefit of the parties and their respective successors and
- The invalidity or unenforceability of any provision of these TERMS shall not affect the validity or enforceability of any other provisions
- These TERMS supersede all prior written or oral representations and constitute the entire agreement between Customer and Saas Logistic and may not be changed by anyone except for Saas Logistic. Customer warrants that Customer has read these TERMS in their entirety and by continuing with the transaction, fully understands and agrees to
- Customer waives any claims or defenses based in whole or in part on Customer not having read, not knowing, or not understanding these TERMS.