Sky Auto Transport
Terms of Services
Acceptance of Terms
By using the services provided by Sky Auto Transport, you acknowledge and agree to the terms and conditions outlined in this document, including the Privacy Policy, Terms of Use, Disclaimer and Limitation of Liability, and any other policies or agreements referenced herein.
Your continued use of our services constitutes your acceptance of these terms and conditions. If you do not agree with any part of these terms, you must cease using our services immediately.
Terms & Definitions
For the purposes of these Terms and Conditions, the following terms are defined as follows:
"Sky Auto Transport"
Refers to Sky Auto Transport, LLC, including its affiliates, employees, agents, and contractors, who provide transportation and related services."Customer"
Refers to the individual, company, or entity, including its agents and representatives, who orders or utilizes the transportation services provided by Sky Auto Transport."Shipment"
Refers to the Customer’s property, including automobiles or motorized vehicles, that is arranged for transportation in accordance with these Terms and Conditions."Carrier"
Refers to the motor carrier of property duly licensed by state and/or federal authorities, or a carrier of goods by sea, that is responsible for the actual transport of the Shipment."Bill of Lading"
Refers to a document provided by the Carrier to the Customer at delivery, documenting the details of the Shipment, including its condition, point of origin, destination, and other relevant details. The Bill of Lading may serve as a receipt or contract between the Carrier and Customer."Point of Origin"
Refers to the location designated by the Customer where the Shipment is picked up, or as later modified by mutual agreement between Sky Auto Transport and Customer."Destination"
Refers to the location designated by the Customer where the Shipment is to be delivered, or as later modified by mutual agreement between Sky Auto Transport and Customer."Additional Services"
Refers to upgrades and extra services requested by the Customer, such as vehicle top-loading, guaranteed pickup date, covered transport, and additional personal belongings."Inoperable"
Refers to a state or condition in which a Shipment cannot function or be driven due to reasons such as parts being removed, altered, damaged, or deteriorated, including but not limited to the engine, transmission, wheels, steering mechanism, brakes, and tires."C.O.D."
Refers to "Collect on Delivery" or "Payment on Delivery," indicating that payment is required at the time of delivery."Carrier Form"
Refers to any receipt, inspection report, Bill of Lading, shipping order, or similar document provided by the Carrier at the Point of Origin and/or Destination."Order"
Refers to the Customer’s request for Sky Auto Transport to arrange for the transportation of the Shipment."Customer’s Agent"
Refers to an individual over the age of 18 designated by the Customer to act on their behalf or as their agent."Privacy Policy"
Refers to the policy that outlines how Sky Auto Transport collects, uses, protects, and shares personal information."Terms of Use"
Refers to the terms and conditions governing the use of Sky Auto Transport’s website and services."Dispute"
Refers to any disagreement or conflict between Sky Auto Transport and the Customer arising from or related to the services provided, including but not limited to issues concerning the interpretation or enforcement of these Terms and Conditions.Services
The Customer understands and accepts that Sky Auto Transport provides limited transport services from certain locations. If Sky Auto Transport is unable to provide transport service directly, we will arrange for an alternative Carrier to handle the transportation.
Upon the Customer’s request, Sky Auto Transport will arrange for the transportation of the Customer’s Shipment, subject to these TERMS. Sky Auto Transport reserves the right, at its sole discretion, to refuse or cancel any Order at any time.
Sky Auto Transport will provide the Customer with an estimated pickup date and delivery date. However, delays may occur before and/or during transport due to factors such as weather or road conditions, government regulations, mechanical problems, and other causes beyond Sky Auto Transport's control. Sky Auto Transport cannot and does not guarantee specific delivery dates or times. The Customer understands and accepts that Sky Auto Transport is not responsible or liable for any losses or expenses arising from delays of any kind or for any reason.
Sky Auto Transport is not responsible for any damages reported after the Bill of Lading has been signed by the customer.
Customer’s Responsibilities
Accurate Information
The Customer is responsible for providing accurate and complete information regarding the Shipment, including but not limited to the type of vehicle or goods, dimensions, weight, and any special handling requirements. This information must be communicated at the time of ordering and must be updated if changes occur.Preparation of Shipment
The Customer must ensure that the Shipment is properly prepared for transport. This includes securing or removing any loose parts, disabling alarm systems, and ensuring that the vehicle or goods are in a condition suitable for safe transportation.Access and Availability
The Customer must ensure that the Point of Origin and Destination are accessible for the Carrier and that there are no obstacles or restrictions that could impede the pickup or delivery of the Shipment.Compliance with Regulations
The Customer must ensure that the Shipment complies with all applicable local, state, and federal regulations, including those related to safety, emissions, and any specific requirements for the type of goods being transported.Documentation
The Customer is responsible for providing all necessary documentation required for the transportation of the Shipment, including but not limited to, registration, title, and any specific permits if required.Payment
The Customer must ensure timely payment of all charges associated with the transportation of the Shipment, including any additional services requested and any applicable fees or taxes.Inspection and Reporting
The Customer is responsible for inspecting the Shipment upon delivery and reporting any damages or discrepancies to Sky Auto Transport immediately. Failure to report damages within the specified time frame may affect the Customer’s ability to claim for damages.Insurance
The Customer should consider arranging for insurance coverage for the Shipment, as Sky Auto Transport is not responsible for loss or damage beyond what is covered under the Carrier’s insurance policy.Compliance with Terms
The Customer must adhere to all terms and conditions outlined in the agreement with Sky Auto Transport, including those related to changes in the transport arrangements or the cancellation of the Order.Customer Warranties
Accuracy of Information
The Customer warrants that all information provided to Sky Auto Transport regarding the Shipment is accurate, complete, and up-to-date. This includes details about the Shipment’s nature, condition, dimensions, and any special handling requirements.Legality and Ownership
The Customer warrants that they have legal ownership of the Shipment or the authority to act on behalf of the owner. The Shipment does not violate any laws, regulations, or rights of third parties.Proper Preparation
The Customer warrants that the Shipment has been properly prepared and secured for transportation. This includes ensuring that any loose parts are secured, alarm systems are disabled, and the Shipment is in a condition suitable for transport.Compliance with Regulations
The Customer warrants that the Shipment complies with all applicable local, state, and federal regulations, including safety, emissions, and transportation requirements specific to the type of goods or vehicle being transported.Access and Permissions
The Customer warrants that the Pickup and Delivery locations are accessible for the Carrier and that all necessary permissions and access rights have been obtained for the Carrier to perform the pickup and delivery.Payment of Charges
The Customer warrants that they will be responsible for the payment of all charges associated with the transportation, including any additional services requested, fees, and applicable taxes.Insurance
The Customer warrants that they understand the limitations of the Carrier’s insurance coverage and acknowledges that they are responsible for arranging additional insurance if desired.No Contraband
The Customer warrants that the Shipment does not contain any prohibited, illegal, or hazardous materials, and that it adheres to all relevant laws and regulations.No Misrepresentation
The Customer warrants that they have not misrepresented any facts related to the Shipment or its condition, and acknowledges that any misrepresentation could result in the cancellation of the Order and/or legal action.Pickup and Delivery of Shipment
Scheduling and Confirmation
Sky Auto Transport will schedule the pickup and delivery of the Shipment based on the information provided by the Customer. The Customer will be notified of the estimated pickup and delivery dates. Both dates are estimates and are subject to change based on various factors.Pickup
Access: The Customer must ensure that the Pickup location is accessible for the Carrier, with no obstructions or restrictions that could impede the pickup process.
Readiness: The Shipment must be ready for pickup at the agreed-upon time. This includes ensuring that the Shipment is properly prepared, accessible, and that any necessary documentation is available.
Inspection: The Carrier may inspect the Shipment at the time of pickup to verify its condition and ensure it matches the information provided.
Delivery
Access: The Customer must ensure that the Delivery location is accessible for the Carrier and that any necessary permissions or access rights are in place for the delivery process.
Inspection: Upon delivery, the Customer should inspect the Shipment for any damage or discrepancies. Any issues should be reported to Sky Auto Transport immediately.
Acceptance: The Customer will be required to sign a receipt or Bill of Lading upon delivery, acknowledging that the Shipment has been received in the condition described.
Delays
Delays may occur due to factors such as weather, road conditions, government regulations, or mechanical issues. Sky Auto Transport will notify the Customer of any significant delays, but the estimated pickup and delivery dates are not guaranteed.Failed Pickup or Delivery
Pickup Failure: If the Carrier is unable to complete the pickup due to reasons such as inaccessibility or unpreparedness of the Shipment, additional fees may apply for rescheduling.
Delivery Failure: If the Carrier is unable to deliver the Shipment due to reasons such as inaccessibility or refusal by the Customer, additional fees may apply for re-delivery or storage.
Changes to Pickup or Delivery
Any changes to the Pickup or Delivery location, date, or time must be communicated to Sky Auto Transport as soon as possible. Such changes may be subject to additional fees and must be agreed upon by both parties.Cancellation
The Customer may cancel the pickup or delivery request, subject to Sky Auto Transport's cancellation policy. Cancellation fees may apply depending on the timing of the cancellation.Disclaimer and Limitation of Liability
Disclaimer of Warranties
Sky Auto Transport provides its services on an "as is" and "as available" basis. To the maximum extent permitted by law, Sky Auto Transport makes no warranties, express or implied, regarding the services provided, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Sky Auto Transport does not guarantee the accuracy, completeness, or reliability of any information or services provided.Limitation of Liability
General Limitation: To the maximum extent permitted by law, Sky Auto Transport's liability for any claim arising out of or related to the transportation services provided, whether in contract, tort, or otherwise, is limited to the amount actually paid by the Customer for the transportation services in question.
Indirect and Consequential Damages: Sky Auto Transport is not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, loss of use, or loss of business opportunities, arising from or related to the transportation services, even if Sky Auto Transport was advised of the possibility of such damages.
Delays: Sky Auto Transport is not liable for any losses or expenses incurred due to delays in the pickup or delivery of the Shipment, including those caused by weather conditions, road conditions, government regulations, mechanical issues, or other factors beyond its control.
Damage to Shipment
Inspection and Reporting: Sky Auto Transport’s liability for damage to the Shipment is limited to the extent that such damage is reported immediately upon delivery and is documented in accordance with the Carrier’s procedures. Failure to inspect the Shipment upon delivery and report any damages in a timely manner may affect the Customer's ability to claim for damages.
Exclusions: Sky Auto Transport is not liable for damages resulting from pre-existing conditions of the Shipment, inadequate preparation, or defects not caused by the transportation process.
Force Majeure
Sky Auto Transport is not liable for any failure or delay in the performance of its obligations under these TERMS due to causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, strikes, or other unforeseen events.Customer’s Responsibility
The Customer acknowledges and agrees that they are responsible for ensuring that the Shipment is adequately insured and that they have considered the potential risks involved in the transportation of the Shipment. Sky Auto Transport’s liability is limited as outlined in these TERMS, and the Customer should obtain additional insurance if desired.Indemnification
The Customer agrees to indemnify, defend, and hold harmless Sky Auto Transport from and against any and all claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or related to the Customer’s breach of these TERMS, including but not limited to any inaccuracies in information provided or failure to comply with regulatory requirements.Arbitration
Agreement to Arbitrate
The Customer and Sky Auto Transport agree that any dispute, claim, or controversy arising out of or related to these TERMS, including but not limited to the interpretation, breach, termination, or enforcement of these TERMS, shall be resolved through binding arbitration.Arbitration Rules and Procedures
Governing Rules: Arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or another agreed-upon arbitration body. If the parties cannot agree on an arbitration body, the arbitration shall be conducted under the rules of the AAA.
Arbitrator Selection: The arbitration shall be conducted before a single arbitrator who is mutually agreed upon by the parties. If the parties cannot agree on an arbitrator, one will be appointed by the arbitration body.
Location: The arbitration proceedings shall be held in [City, State] unless otherwise agreed by the parties.
Scope of Arbitration
Exclusions: The arbitration provisions in these TERMS do not preclude a party from seeking interim or injunctive relief from a court of competent jurisdiction to protect its rights pending arbitration.
Settlement: Any settlement or award arising from arbitration shall be final and binding on both parties. The arbitrator shall have the authority to award damages and issue any remedies provided by applicable law.
Costs and Fees
Shared Costs: Each party shall bear its own costs and expenses associated with the arbitration, including but not limited to attorney's fees and expert witness fees. The parties shall equally share the administrative fees and arbitrator’s fees, unless otherwise determined by the arbitrator.
Award of Costs: The arbitrator may award costs and fees as part of the arbitration award if deemed appropriate.
Confidentiality
The arbitration proceedings and any related documents, including the arbitrator’s decision, shall be kept confidential, except as required by law or as necessary to enforce the arbitration award.Waiver of Jury Trial
By agreeing to arbitration, the Customer and Sky Auto Transport waive their right to a jury trial and agree that any disputes will be resolved solely through arbitration.Severability
If any provision of this Arbitration section is found to be invalid or unenforceable by a court or arbitrator, the remaining provisions shall remain in full force and effect.