Auto Transport Terms & Conditions

By clicking to accept or agree to the Agreement when this option is made available to you, you:

• Acknowledge that you have read and understand this Agreement in its entirety;
• Accept and agree to be bound by this Agreement in its entirety;
• Are entering into a legally binding contract with Sherpa;
• Acknowledge that, except as otherwise expressly provided, this Agreement is solely between you and Sherpa.

Sherpa will identify and contract with a transport car carrier (“Carrier”) to arrange transport of your Vehicle(s) in accordance with your order (the “Services”). Sherpa’s Services are considered rendered when Sherpa has designated a Carrier to transport your Vehicle(s).

All ocean transportation arranged by Sherpa will also be subject to the terms and conditions of the ocean Carrier’s bill of lading, tariff, schedules, rates, and rules. Ocean Carriers offer limited liability coverage for loss or damage, and therefore Sherpa highly recommends the Client inquire directly with the ocean Carrier about purchasing additional insurance.

To place an order, you must provide accurate information identifying the following:

• Your vehicle or vehicles that will be transported using the Services (the “Vehicle(s)”);
• The condition and operability of the Vehicle(s);
• Addresses for pickup and delivery;
• First available date for pickup;
• Names and contact information for responsible individuals who will be present at pickup and delivery;
• The type of transport you would like (e.g., open or enclosed trailer);
• Payment method and a credit/debit card number for payment.

After you initially provide your order information, Sherpa will send you an email (“Verification Email”) containing your order information and the fees you will be charged for Services based on the information you provided. At that time, you must review and confirm your information and acceptance of the fee and this Agreement by submitting your order on the Sherpa website as directed in the Verification Email.

You agree to pay in full the fees for Services and any additional charges that may be incurred in accordance with this Agreement. The fees for Services will be set forth in the Verification Email and on the Sherpa website before you submit your order.

Payment Installments

Except for motorcycle shipments and ocean transportation, the total fee is due in two installments:

By submitting an order (which must include your credit/debit card information), you authorize Sherpa to immediately conduct a $1 authorization to validate the card and then to charge the Initial Payment to the card when it becomes due.

Motorcycle & Ocean Shipments

For motorcycle shipments and shipments that include ocean transportation, Sherpa and Client will make arrangements for the Client to pay the Initial Payment and the Remaining Balance by Credit Card. In such circumstances, the Remaining Balance shall be charged when Sherpa designates a Carrier to transport your Vehicle(s). Sherpa will pay the Remaining Balance to the Carrier upon delivery.

General Payment Policy

All amounts due must be paid in full when due and the fees are not subject to dispute or offset for any damages or any other reason (including, but not limited to, because you are not satisfied with the Services). Once paid, charges are non-refundable.

If your form of payment for the Initial Payment is rejected, Sherpa will contact you for an alternative form of payment and reserves the right to withhold further services until payment is made. Failure to timely provide an alternate form of payment may result in delay in designating a Carrier and/or delivery of your Vehicle(s) or cancellation of your order in Sherpa’s sole discretion.

Order Changes & Cancellations

You may change your order at any time prior to your Vehicle(s) being picked up by the designated Carrier; however, any order changes may result in additional fees. If the additional fees are not agreed upon, the order will be canceled.

You will be notified by email (at the email address provided on your order form) when a Carrier has been designated to transport your Vehicle(s). The designation email will include:

• Information about the designated Carrier;
• Estimated pickup dates;
• Estimated delivery dates.

You shall take the following steps prior to the designated pickup time to prepare your Vehicle(s) for transport:

• Ensure you have a key to the Vehicle(s) available to provide the Carrier.
• Remove and secure all loose parts, fragile accessories, and low-hanging spoilers, etc.
• Remove all non-permanent, outside-mounted luggage and other racks.
• Remove or deactivate any toll pass transponders or other sensors that may get charged to your account (e.g., EZ-Pass). 100% of any toll charges incurred are the responsibility of the Client.
• Ensure Vehicle(s) is/are in good working condition (unless previously noted on your order) and with no more than 1/4 to 1/2 tank of fuel.
• Disarm any alarm system or provide Carrier with keys and instructions for arming/disarming any alarm system.
• Remove all sensitive materials and do not store any dangerous or illegal items inside the Vehicle(s), including but not limited to: explosives, guns, ammunition, fireworks, flammable materials, alcohol, legal or illegal medication or drugs, money, legal or financial documents, pets, plants, sensitive and fragile materials, or unlawful contraband.
• Subject to compliance with the above, you may store personal belongings in the Vehicle(s) so long as they do not exceed 100 lbs in the aggregate and are stored in the trunk or secured below the window line. Personal belongings exceeding 100 lbs and/or unable to be stored in the trunk must be disclosed in advance and are subject to additional fees at the Carrier’s discretion. All items left in your Vehicle(s) shall be at YOUR OWN RISK. Sherpa will not bear any responsibility for the loss or damage to such items.

Ocean Transportation & Shipping Ports: No personal belongings or other property of any nature or value will be allowed in the Vehicle(s). The Vehicle(s) must be completely empty except for original equipment manufacturer or factory-installed equipment. You shall be solely responsible for all documentation, paperwork, and fees required by customs.

Motorcycles, ATVs, and Trikes: No personal belongings or other property of any nature or value will be allowed in the Vehicle(s). The Vehicle(s) must be completely empty except for original factory-installed equipment. You will be solely responsible for ensuring the Vehicle(s) is in transport mode.

By submitting an order, you authorize the designated Carrier to operate and transport your Vehicle(s) between the pickup and delivery location and take such steps the Carrier deems necessary to complete such transportation, including authority to drive the Vehicle(s) when necessary.

Either Sherpa or the Carrier will make a reasonable attempt to contact you prior to pickup or delivery to inform you of the approximate time and location of such pickup or delivery.

If you are unable to be at the designated pickup/delivery location at the designated time, you must designate with the Carrier another individual — who must be at least 18 years old with a valid driver’s license — to act as your agent for purposes of the pickup/delivery. You are solely responsible for the acts and omissions of your designee.

Transportation services are subject to delays caused by numerous factors, many of which are out of the control of Sherpa and the Carrier, including road conditions, weather, and mechanical issues. Neither Sherpa nor Carrier guarantee pickup/delivery dates, times, or locations. Any estimate is approximate and subject to change.

At the time of pickup of your Vehicle(s), prior to Carrier taking possession, you and Carrier shall conduct a full inspection of the Vehicle(s) for existing exterior damage. The results of this inspection shall be recorded on the inspection report on the Bill of Lading. Both you and Carrier shall acknowledge the existing condition of the Vehicle(s) by signing the Bill of Lading.

If one or more Vehicle is found inoperable or not as described in the order (e.g., oversized), contains any additional items inside or outside that are not part of your stock Vehicle(s), or contains personal property exceeding the 100 lb limit and/or unable to be stored in the trunk or secured under the window line, you may be subject to additional charges by the Carrier payable upon delivery or cancellation of your order.

At the time of delivery of your Vehicle(s), you and Carrier shall conduct a full inspection of the Vehicle(s) for any exterior damage that may have been caused during transport. The results of this inspection shall be recorded on the inspection report on the Bill of Lading.

You must notate any new damage to the Vehicle(s) (as compared to the condition of the Vehicle(s) at the time of pickup) on the Bill of Lading inspection report before signing. You and Carrier shall acknowledge the condition of the Vehicle(s) by signing the Bill of Lading.

Carrier’s responsibility for the Vehicle(s) commences only when the Bill of Lading is signed by you and Carrier at pickup and terminates no later than when you sign the Bill of Lading at delivery or otherwise take delivery of the Vehicle(s).

Sherpa strongly urges you (or your designee) to be present at the pickup/delivery location when your Vehicle(s) is/are picked up/delivered and strongly urges against arranging for pickup/delivery when neither you nor your designee will be present.

If you (or your designee) fail to show at the pickup/delivery location or you arrange for pickup/delivery when you cannot be present, then you waive your rights under this Agreement, including the right to inspect your Vehicle(s) and notate any damage. In such instances:

• In no way shall Sherpa be responsible for damage to or loss of your Vehicle(s) or any part or content thereof.
• You may be required by the Carrier and/or Sherpa to sign an additional release or waiver of liability.
• You may be required by the Carrier to make alternative arrangements for pickup/delivery of your Vehicle(s) and keys.
• You take sole responsibility for additional costs incurred as a result of the alternative arrangements, including costs related to shipping keys, towing/booting fees, your transportation costs to any alternative delivery location, cancellation fees, and storage fees.
• You retain sole responsibility for obtaining permission for your Vehicle(s) to remain at the designated pickup location in your absence and any damage or loss thereto until the Carrier actually picks up your Vehicle(s).
• You take sole responsibility for obtaining permission for delivery of your Vehicle(s) to the designated delivery location in your absence and for the Vehicle(s) at that location from delivery until you retrieve it.

The Price Lock Promise® is void if any of the following occur:

• You change your Order after Sherpa sends the Verification Email;
• Any information you provided in placing your order is materially incorrect;
• Other material details about your order change after Sherpa sends the Verification Email;
• Your Vehicle(s) is/are listed by another company.

Order information and details that are deemed material include, but are not limited to: year, make and model of the Vehicle(s), after-market modifications, operability, whether you select open or enclosed trailer, pickup and delivery addresses, first available pickup date, payment method, and any other restrictions or requirements regarding acceptable pickup and delivery dates and times.

Your use of the Services is at your sole risk. You acknowledge and agree that Sherpa has no liability for any act, omission, or decision made by Sherpa or any other third party, including Carrier.

The Services are provided on an “as is” and “as available” basis, and Sherpa makes no warranties of any kind, express, statutory or implied, course of dealing, course of performance, usage of trade or otherwise, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, custom, trade, quiet enjoyment, non-infringement, or availability. Sherpa does not warrant that the Services will be available or will meet your requirements.

All claims for damage caused by the transport of your Vehicle(s) must be submitted in writing to the Carrier within seven (7) days of delivery. Failure to submit such a claim shall result in denial of your claim. You shall not dispute any charges or offset any claim for damage from the fees due. All fees must be paid in full when due and without any offsets whatsoever.

Claims against ocean Carriers are subject to the terms of the Carrier, Bill of Lading, tariffs, rules, and regulations.

Your sole remedy for all damage to your Vehicle(s) and any other property and any other loss relating to or arising out of the Services and transport is a claim against the Carrier. Sherpa shall NOT be liable or responsible for any damage arising out of or related to, in whole or in part:

• Your negligence;
• Your breach of this Agreement;
• Worn and/or broken Vehicle(s) parts;
• Weather or hail damage;
• Other Acts of God.

Under no circumstances will Sherpa or its affiliates be liable to you or any other person for any indirect, incidental, punitive, special, exemplary or consequential damages arising out of the use, inability to use, or the results of use of the Services, whether based on warranty, contract, tort (including Sherpa’s negligence), or any other legal theory; including without limitation damages resulting from lost profits, loss of business or business interruption, whether direct or indirect.

You agree to indemnify, defend, and hold Sherpa harmless for any costs, expenses, damages, losses, and claims — including attorney’s fees and court costs — arising out of or relating to your breach of any provision of this Agreement.

Sherpa reserves the right to cancel any order and/or terminate this Agreement at any time for any reason without liability or further obligation. Sherpa’s right to cancel specifically includes cancellations caused by or resulting from:

• Acts of God; flood, earthquake, or other natural disasters;
• Public health epidemics, pandemics, or other emergencies;
• War, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest;
• Government order or law; action by any governmental authority;
• National or regional emergency;
• Strikes, labor stoppages or slowdowns, or other labor disturbances.

Entire Agreement

This Agreement constitutes the entire agreement between Sherpa and you with respect to the Services. In case of any conflict, this Agreement shall control over any other rules, instructions, or representations made by any agent or employee of Sherpa.

Amendments

This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.

Governing Law

All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Florida and 49 USC 14501(c)(1) and other applicable provisions as may apply to transportation brokers.

Jurisdiction & Venue

Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the federal or state courts located in Miami-Dade County, Florida. Each party irrevocably submits to the exclusive jurisdiction of such courts.

Statute of Limitations

Any cause of action arising out of or related to the use of the Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.

Assignment

You may not assign your rights or obligations under this Agreement without the prior written consent of Sherpa. Sherpa’s failure to enforce any provision shall not be construed as a waiver of any provision or right.