Terms and Conditions for SPR shipping
Last updated: May 08, 2023
Please read these terms and conditions carefully before using Our Service.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Michigan, United States of America
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to SPR Shipping Corp., 801 West Big Beaver, Suite 500, Troy MI 48084.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to SPR shipping, accessible from sprshipping.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
The terms and conditions between the client and the company are as follows:
Client warrants that client is the registered legal owner of the vehicle being transported (the "Vehicle"), or that Client has been duly authorized by the legal owners to enter into this Contract for transportation of the Vehicle.
In the event that Client cancels this Contract for any reason whatsoever, Client shall pay The Auto Transport Broker a minimum cancellation charge of $100.00 in addition to any other amounts due under this Contract. A "dry run" fee may be assessed in the event Client is unavailable or unwilling to provide the Vehicle for transportation as of the first date of availability as designated on the shipping form.
Client, upon tender of the Vehicle to The Auto Transport Broker or its transportation agent, and the consignee, upon acceptance of delivery by Client or its agent, shall be jointly liable for any and all unpaid charges payable on account of the shipment, including but not limited to, sums advanced or disbursed by The Auto Transport Broker or any of its agents on account of such shipment and any and all costs of collection including costs and reasonable attorneys fees.
Client shall not leave personal belongings in the Vehicle except those attached to and part of the Vehicle. The Auto Transport Broker shall not be responsible for loss of or damage to personal belongings, including without limitation any personal property which is not factory installed, that are not a part of the Vehicle.
Unless the order has been prepaid, or other arrangements have been made, Client shall pay all COD amounts, including any additional charges, in cash or certified funds. In the event that said forms of payments are not available at delivery the Client shall be responsible for any and all storage fees assessed. In order to make pick up/delivery, the Client agrees to meet The Auto Transport Broker at a specified time and place if necessary.
Client shall pay and all costs, including without limitation storage, towing and additional delivery costs, incurred as a result of Client's breach of any warranty or obligation under this Contract. Signing The Auto Transport Broker's bill of lading or its transportation agent’s bill of lading at destination without notation of damage shall be evidence of satisfactory delivery of the Vehicle.
The Auto Transport Broker's responsibility for the Vehicle commences when the bill of lading is issued and signed by the driver and terminates when the Vehicle is signed for at destination.
The Auto Transport Broker or any of its agents shall not be liable for damages, including without limitation any of the following, not caused by their negligence:
a. Damage caused by fluids, acids, cooling system antifreeze, industrial fallout or damage caused by acts of God.
b. Damage that is undetectable due to Vehicle's condition or glass damage caused by normal wear and road use.
c. Mechanical malfunctions, exhaust assembly, frame, alignment, tire damage, soft top convertibles, suspension, tuning of engine or damage that is a result of tie downs tearing or breaking.
d. Auto rental accruals.
e. Damage resulting from the Vehicle being overloaded.
f. Damage to the Vehicle because it cannot be driven on or off transporter under its own power or has defective or insufficient brakes, parking brake or parking gear.
The liability of The Auto Transport Broker or any of its agents for negligence causing damage to the Vehicle shall be limited to the amount paid by the Client for the transportation of the Vehicle.
The Client shall be responsible for preparing the Vehicle for shipment. All loose parts, fragile or protruding accessories, low hanging spoilers, antennas, etc., must be removed and/or properly secured. Any part of the Vehicle that falls off during transport is the Client's responsibility, including damages caused to any other vehicles involved. Security systems should be disarmed and any keys or transmitters for said device must be provided to the transporter.
The Client agrees to indemnify, defend and hold The Auto Transport Broker and its agents harmless for any costs, expenses, damage, losses and claims caused by the Client's breach of any warranty or obligation under this Contract.
The Auto Transport Broker warrants and Client acknowledges that The Auto Transport Broker is licensed by the Federal Motor Carrier Safety Administration.
The Auto Transport Broker and its transportation agent transporting the Vehicle are hereby authorized to operate and transport the Vehicle from point of origin to the destination specified in The Auto Transport Broker's bill of lading. The Auto Transport Broker is authorized to drive the Vehicle either at point of origin or point of destination between the points of loading/unloading and the points of pickup/delivery, and Client shall provide insurance for the same.
In the event that there are any unforeseen delays regarding delivery, federal regulations require that all outstanding freight charges be paid without deductions. The Client agrees to properly note any damage claimed at the time of the delivery of the Vehicle, and to pay the balance of the delivery charges in cash or certified funds. Damages not noted on the transportation agent's bill of lading will not be honored (no exceptions). Any claim of damage caused by The Auto Transport Broker must be made within 15 days of delivery in writing, specifying the damage claimed. The transportation agent actually transporting the Vehicle shall be liable for any and all damage claims arising from the transport. The Client agrees to file all claims with such transportation agent as identified on the transportation agent's bill of lading/delivery receipt, and to bring any legal action for damages against such transportation agent only. The Client agrees to release and hold harmless The Auto Transport Broker from any such claims.
After the Client makes the Vehicle available to The Auto Transport Broker for transport, The Auto Transport Broker shall use its best efforts to deliver the Vehicle in an expedient manner. However, The Auto Transport Broker does not guarantee the date or time of delivery.
The Client shall pay an additional $250 if the Vehicle is or becomes inoperable during transport, and an additional amount for if the Vehicle is oversized or overweight, unless the Vehicle is disclosed as being inoperable, oversized or overweight, respectively. All inoperable vehicles must steer, brake and roll.
While The Auto Transport Broker and its agents are driving the Vehicle for purposes of parking, storage and other purposes incidental to performance of the obligations under this Contract, The Auto Transport Broker shall have the full benefit of any insurance that has been affected by Client on the Vehicle, unless said insurance coverage is void while the vehicle or property is in the possession of The Auto Transport Broker and its agents.
The Client shall, in its absence, designate someone to act as the Client's agent at the points of pick up and/or delivery.
This Contract constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. It supersedes all prior negotiations, letters and understandings relating to the subject matter hereof.
This Contract may not be amended, supplemented or modified in whole or in part except by an instrument in writing signed by the party or parties against whom enforcement of any such amendment, supplement or modification is sought.
This Contract will be construed in accordance with the laws of Michigan, without application of its choice-of-law principles.
If legal action is instituted to enforce the terms and conditions of this Contract, exclusive jurisdiction and venue for any such action will be in the state and federal courts of Oakland County, Michigan. The parties hereto hereby irrevocably waive, to the fullest extent permitted by law, (a) any objection to jurisdiction or venue of any action arising out of or relating to this Contract brought in Oakland County, Michigan, or any judgment entered by any court in respect thereof, or (b) any claim that any action brought in Oakland County, Michigan, has been brought in an inconvenient forum.
No person, other than The Auto Transport Broker's transportation agent and other agents, shall be deemed to possess any third-party beneficiary right pursuant to this Contract. It is the intent of the parties hereto that no direct benefit to any third party, other than The Auto Transport Broker's transportation agent and other agents, is intended or implied by the execution of this Contract. The Auto Transport Broker's transportation agent and other agents are express third party beneficiaries of the terms of this Contract.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: [email protected]
By phone number: 844.531.0228