Contract Terms and Liability Disclaimer
Customer understands and acknowledges that Lugnow, Inc. is a registered transportation and property broker and is acting solely in the capacity of a broker. Customer allows Lugnow, Inc. to contract with other licensed and insured Motor Carrier(s), (hereinafter referred to as “Carrier”), to transport the vehicle(s) described in this shipping order.
Customer further acknowledges and understands that Lugnow, Inc.’s sole responsibility in the transaction between the customer and Lugnow, Inc. is to procure a carrier for shipment of the customer’s property. Customer testifies that Lugnow, Inc. never will take possession of,transport, or deliver the Customer’s property
- Carrier will pick up and deliver, according to legal laws and safety protocols, as close Customer’s door as possible. If obstacles such as low hanging trees, wires, narrow streets and residential coding restrictions apply then a mutually agreed upon place for loading and unloading may be necessary.
- Lugnow, Inc. after successful customer order will provide Customer with an estimated pick up and delivery date. Weather conditions, road conditions, mechanical problems and etc. may delay pick up and delivery times and dates. Lugnow, Inc. is not responsible for any loss and/ or damage as a consequence of these delays or any reasons such as car rental or lodging fees. Lugnow, Inc. also shall not be liable for any problems with Customer’s vehicles such as mechanical or failing parts. Any items left inside motor vehicles are will not be a responsibility of Lugnow, Inc.
- Carriers are authorized to transport and operate Customer’s vehicles from the time it is being picked up until it has arrived to it’s destination.
- Vehicle must be prepared by Customer. Any and all loose parts and accessories including low hanging spoilers and etc. must be secured or removed prior to pick up. Any non permanent racks and mounted luggage must be removed prior to shipment. Vehicles must be presented in good running condition to Carrier unless otherwise noted with half a tank of fuel to ¼ a tank of fuel. Customer is responsible for any parts that fall of the vehicle during transport including damages caused to any vehicle(s) and/ or person involved.
- Alarm systems installed must be disarmed and proper instructions must be provided for use of alarm system. If the alarm goes off and no keys or instructions are present on how to disarm, Carrier may silence the alarm by any means.
- Luggage and personal property must only be one suitcase or one bag in the trunk only. It shall not exceed 100 lbs. Carrier and Lugnow, Inc. are not liable for personal items in vehicle. Damage to vehicle by improper or excessive loading of personal items are also not a liability against Carrier and Lugnow, Inc. The following list, but is not limited to, Explosives, Guns, Ammuniction, Flammable Products, Narcotics, Negotiable and Legal papers, Alchoholic Beverages, Jewelry, Furs, Money, Live Pets, Live Plants or any remuneration shall not be transported in customer vehicle(s). Customer agrees that Lugnow, Inc and Carrier shall confiscate or dispose of said items without remuneration. Lugnow, Inc. an Carrier shall also not be held responsible for delivery of personal property. Customer putting items in the vehicle does so at their own risk.
- Customer must inquire as to the extra charge for inoperable or oversized vehicles (dual or oversized wheels, extra-large, racks, lifted, limo, etc.). If in the event Lugnow, Inc. is not informed prior to pick up of oversized/modified vehicles Customer must pay extra charges to Carrier in cash or money order upon delivery.
- Customer is fully aware and agrees that Lugnow, Inc. has the right to reject (cancel) any order for any reason at any time.
- Both Customer and Carrier will inspect the vehicle prior to pick up for pre-existing damage (exterior only) by completing a vehicle inspection report recorded on the Bill of Lading. They will both acknowledge the condition of the vehicle and the Customer will sign and receive a copy of the Bill of Lading.
- Upon delivery Customer and Carrier will with due diligence inspect the vehicle for possible damages incurred during transit. Carrier and Customer will both acknowledge the condition of the vehicle. Customer will sign and receive the final copy of the Bill of Lading.
- Upon pre-inspection of vehicle and after signing of Bill of Lading by the Customer, Carrier accepts responsibility of the vehicle. Responsibility of Carrier will end upon delivery of vehicle and after Customer signs final Bill of Lading inspection.
- Lugnow, Inc and Carrier will not be responsible for damage cause by natural disaster, storm and hail damage, or any damage as a result of worn/broken parts of vehicle or personal items.
- In absence of Customer at the said destination of vehicle, Customer must designate a person to act as their agent at the point of pick up and/or delivery if for any reason they are unavailable.
- Customer warrants that they will pay the transportation price/partial payment due to Lugnow, Inc./Carrier in full and will not attempt to offset any dispute for damage claims and/or delays etc. from freight(transport) charges. Customer is responsible to provide payment when Carrier arrives if the balance has not been paid in full beforehand. “Standard Pay” is the payment all orders are booked as. This must be in the form of cash, cashier’s check or money order – no exceptions. Personal Checks, debit or credit cards for orders booked as “Standard Pay” will NOT be accepted for the remaining balance – no exceptions. Certified funds must be made payable to the Carrier delivering and not to Lugnow, Inc. Customer agrees that until Customer makes full payment that the vehicle will be stored at Customer’s expense, until Customer pays in full all transport charges. Should Customer be unable to accept delivery for any reason, the vehicle will be place in storage and any and all storage and re-delivery charges will be the responsibility of Customer.
- This Agreement shall be construed in accordance with the laws of the State of Delaware.
- The parties here agree that all actions or proceedings arising in connection to this agreement shall be tried and litigated exclusively in the State or Federal (if permitted by law and a party elects to file an action in federal court) courts located in ( Kent County), in the state of Delaware. This choice of venue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this section. Each party waives any right it may have to assert the doctrine of forum non-convenience or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section. By action of this provision, the parties agree to submit to the personal jurisdiction of the aforementioned court.
- Customer shall defend, indemnify, and hold harmless Lugnow, Inc. from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, imposed by a court of law or by administrative action of any federal state or local agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of Lugnow, Inc. or the Carrier, its personnel, employees, agents, or contractors in connection with or arising out of Lugnow, Inc. or the Carrier’s actions. The indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, attorney’s fees, and related costs or expenses, and any reimbursements to Lugnow, Inc. for all legal expenses and costs incurred by it.
- Neither party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.
- Invalidity or unenforceability of one or more of the provisions in this Agreement shall not affect any other provisions of this Agreement.
Damage must be noted in the proper place on the Bill of Lading. Customer shall sign the Bill of Lading regardless of weather conditions, time of day, or day of the week. A signature on the Bill of Lading and inspection report without mention or note of any damage assures that Customer has received his vehicle(s) in satisfactory condition and that Lugnow, Inc and their agents are relieved of any further responsibility. Carrier damage claims are covered by a minimum of $750,000 public liability and property damage. All claims must be submitted in writing within 24 hours of delivery. Lugnow, Inc. shall share Carrier insurance policy information upon request. Customer agrees and acknowledges that Lugnow, Inc. is not liable for any property damage claims to customer’s vehicle and that their sole remedy is against the Carrier.
Cancellation & Refund Policy
The option to cancel a shipping order is available at any time, at no cost and with no cancellation fee, as long as the order has not yet been assigned (dispatched) to a Carrier (transporter). Our services are considered rendered when a Carrier (transporter) is assigned to an order. Refunds will be processed within 48 business hours of the cancellation request. Cancellation of an order must be submitted in writing via email sent to info@Lugnow.com. Lugnow, Inc. does not accept or honor cancellations made via phone call. Once a Carrier (transporter) has been assigned (dispatched) to a shipping order, Lugnow, Inc. notifies Customer via email (to the email address provided at service booking). If Customer decides to cancel the shipping order after a Carrier (transporter) has been assigned (dispatched), $149 cancellation fee will be assessed, as our services have been rendered. Any remaining balance will be refunded in full.
This agreement and any shipment here under is subject to all terms and conditions of Carrier’s tariff and the uniform straight Bill of Lading, copies of which are available at the office of Carrier.
This supersedes all prior written or oral representation of Lugnow, Inc. and constitutes the entire agreement between Customer and Lugnow, Inc. and may not be changed except in writing signed by an officer of Lugnow, Inc. Customer warrants that he, she or it has read this agreement in its entirety and by continuing with the transaction, fully understands and agrees to its terms. Further, Customer waives any claims or defenses based in whole or in part on not reading, knowing, or understanding these terms and conditions and agrees to indemnify and hold harmless Lugnow, Inc. for any fees or costs, including attorney’s fees and costs, arising out of any claims or defenses asserted based upon not reading, having knowledge of, or understanding these terms and conditions. Lugnow, Inc.’s U.S. Department of Transportation Broker’s license number is 3111939