Terms and Condition

**JemRock Auto Transport Broker - Service Agreement**

**Introduction:**

- These terms and conditions (the "Agreement") govern the arrangement of motor carrier transportation services by JemRock Auto Transport Corp. ("JemRock") as an auto transport broker. This Agreement constitutes a legally binding contract among the Parties (defined below) and applies exclusively to transportation services facilitated by JemRock in North America. JemRock, bonded and duly authorized as a property broker under MC-1366320 by the Federal Motor Carrier Safety Administration, reserves the right to modify these terms by posting updates on its website periodically. Unless otherwise specified in writing, all orders require cash upon delivery of the vehicle (cash or cashier's check/certified check).

**1. Definitions:**

- a. **Auxiliary Services:** Additional services requested by the Customer and arranged by JemRock, performed before or after transportation, such as storage.
- b. **Bill of Lading:** The official shipping document containing essential Shipment information, completed by the CUSTOMER, Carrier, or other authorized entity. This includes weight, Shipment condition, and other pertinent details.
- c. **Bill to Party:** The person or entity instructed by the Bill of Lading to receive the Shipment invoice.
- d. **Carrier:** The entity chosen by JemRock to perform Shipment transportation under its auto transport authority, assuming carrier liability.
- e. **Consignee:** The entity listed as the "ship to" party or the recipient of the Shipment, as per the Bill of Lading.
- f. **CUSTOMER or Shipper:** The contracting party with JemRock for Shipment arrangement, including any person benefiting directly from services under this Agreement.
- g. **Parties:** Encompasses the CUSTOMER, Consignee, consignor, JemRock, and any other entity with a present or future interest in the Shipment, or acting on behalf of the aforementioned parties.
- h. **Person:** Refers to any individual, corporation, limited liability company, joint venture, trust, partnership, or other entity.
- i. **JemRock or JemRock Auto Transport Corp:** Includes JemRock Auto Transport Corp, its affiliates, and their employees, officers, directors, and agents conducting auto transport brokerage services under this Agreement.
- j. **Shipment or Vehicle:** The cargo specified on the Bill of Lading, subject to transport by the Carrier or as later amended in written documentation provided to JemRock.

**2. Acceptance of Terms and Conditions:**

- By entrusting JemRock with the transportation of a Shipment or engaging JemRock's services in any capacity, CUSTOMER acknowledges and automatically agrees that the Terms and Conditions in effect at the Shipment's tender to JemRock will govern its transportation by the Carrier and any Auxiliary Services. No agent or employee has the authority to alter these Terms and Conditions. In case of conflicts with a Bill of Lading or other shipping documents, these Terms and Conditions take precedence. In the event of conflicts with any written agreement (excluding a Bill of Lading or shipping document) between the Parties, these Terms and Conditions supersede any oral agreements, promises, representations, or understandings.

**3. Customer's Responsibilities:**

- a. **Vehicle Preparation:** CUSTOMER warrants proper classification and description of each Shipment on the Bill of Lading. The Vehicle, unless noted otherwise, should be in good order. CUSTOMER is responsible for compliance with applicable laws and regulations.
-b. ** Personal Items:**CUSTOMER can include a maximum of 120 lbs of personal belongings in the trunk. For SUVs, please keep the back seats up and load belongings behind them. All items should be kept below window level to ensure clear visibility, and there should be nothing on the front or passenger seats. If you exceed the weight limit, an additional $80 fee may apply. Please note that items left in your car will not be insured during transport.
- c. **Preparation for Transport:** CUSTOMER must prepare the Vehicle for transport, removing loose parts, accessories, and non-permanent racks. The Vehicle should be in operable condition, with alarms disarmed, and personal property removed or disclosed and agreed upon with JemRock. Oversized or inoperable Vehicles may incur additional charges.
- d. **Pre-trip Inspection:** A pre-trip inspection is conducted by the Carrier and CUSTOMER, documented on the Bill of Lading. The Carrier's responsibility begins after the signed pre-trip inspection, and the Vehicle must be received in good condition upon delivery.
- e. **Delivery:** CUSTOMER or an authorised agent must be present at delivery. A final inspection is conducted after transportation, documented on the Bill of Lading. Any damage should be noted during this inspection, and the Carrier's responsibility ends upon the Customer's final acknowledgment.

**4. Toll Charges:** - Neither JemRock nor the Carrier is responsible for toll charges incurred during Vehicle transportation. CUSTOMER must remove toll transponders before transport, releasing JemRock and the Carrier from any toll-related liabilities.

**5. Independent Contractors:**

- JemRock operates as an independent contractor and is not an agent for the Carrier or CUSTOMER. No control or supervision is exercised by CUSTOMER or JemRock over each other's operations or employees.

**6. Waiver:**

- Failure to enforce any of these Terms and Conditions or to exercise any rights or privileges does not constitute a waiver. All terms, conditions, provisions, rights, or privileges remain in full force and effect.

**7. Back Solicitation:**

- CUSTOMER shall not solicit the services of carriers initially engaged through JemRock's efforts. Breach of this provision may result in reasonable damages or a commission. JemRock has the option to seek an injunction against CUSTOMER for violation of this provision.

**JemRock Auto Transport - Payment Terms**

**8. Payment Terms; Initial Payment:**

a. **Initial Payment and Balance:** For shipments excluding Hawaii (discussed below), JemRock requires an initial deposit when dispatching the Carrier for Vehicle pickup. In case of a cancellation before pickup, the deposit is fully refundable. Upon order placement and electronic signature, Customer authorizes JemRock to process credit/debit card payments. Orders exceeding $2,299 may be processed via ACH and electronic bank debits. The remaining balance is due upon the Carrier's arrival for vehicle delivery, payable in cash, cashier’s check, or money order. Business checks require prior written approval from JemRock. Certified cashier’s checks or money orders are payable to the assigned Carrier, not JemRock. Offsetting damage claims or charges is not allowed.
b. **Cancellation Policy:** The deposit is fully refundable if a cancellation request is submitted before Vehicle pickup. Requests must be in writing to jemrocktransportation@gmail.com before Carrier dispatch/scheduling. JemRock reserves the right to cancel orders at its discretion.
c. **Money-Back Guarantee:** In line with our 100% money-back guarantee, the deposit is fully refundable if a cancellation request is received before Vehicle pickup.
d. ** Cancellation fee** Once JemRock finds the driver, and if the CUSTOMER decides to cancel, a cancellation fee of $239 will apply.
e. **Past-due Invoices:** Late invoices may incur a service charge, calculated at 2% per month or the highest legal rate authorized by applicable law. Delinquent accounts may result in declined purchases, account referral for collection, and liability for collection costs, attorney’s fees, and related expenses. CUSTOMER is responsible for all charges, including transportation, fuel, accessorial charges, duties, customs assessments, penalties, fines, taxes, and convenience fees for electronic payments.
f. **Lien Charges/ Quote Adjustment:** JemRock retains a lien on the Shipment for sums due. Quoted amounts may be adjusted if based on incorrect information or if additional Carrier services are required or authorized by CUSTOMER. JemRock and the Carrier reserve the right to refuse Shipments at their discretion. Brokers arranging Shipments are jointly and severally liable for charges.

**9. Hawaii Shipments:**

- Full payment is required upon Hawaii order placement. Customer authorizes JemRock to share credit card information with the ocean carrier (MATSON- PASHA) for ocean charges.

**10. Bills of Lading:**

- Bills of Lading are NON-NEGOTIABLE. Inserting JemRock’s name is for convenience only and doesn't alter JemRock's status as a property broker. JemRock's name on the bill of lading does not imply involvement in transportation.

**11. Pickup and Delivery Locations:**

- Carrier picks up and delivers as close to Shipper’s/Consignee’s door as legally and safely possible. Changes may occur due to safety reasons, low-hanging obstacles, or other restrictions.

**12. Indemnity:**

- Customer, Consignor, and Consignee are jointly and severally liable for Shipment charges. They must pay or indemnify JemRock for any claims, fines, penalties, damages, or costs incurred due to any violation of Terms and Conditions or Customer defaults.

**13. Limitations of Liability and Claims:**

- a. **Damage Claims:** JemRock assists in resolving claims but has no responsibility or liability. The Carrier handles claim resolution, and claims must be submitted immediately. The filing of a claim doesn't relieve payment obligations. Claims or other payments cannot offset charges owed to JemRock.
- b. **No Liability for Vehicle Damage:** As a broker, JemRock isn't liable for loss, delay, or damage. The customer's remedy for Vehicle loss, non-delivery, or damage is against the Carrier. JemRock is not responsible for mechanical failures or any Vehicle operating parts' failure.
- c. **No Consequential Damages:** JemRock is not liable for special, incidental, consequential, or punitive damages, including loss of profits, income, or property damage.
- d. **Bilateral Contracts:** Customer authorizes JemRock to negotiate carrier contracts, acknowledging liability limitations in those contracts.
- e. **Insurance:** Customer must have insurance or be self-insured for damage or loss. JemRock is not obligated to provide cargo insurance. JemRock provides Carrier’s cargo insurance details upon request.
- f. **Claims Communications:** All claim-related communications, including disputed debts, must be in writing and sent to JemRock Auto Transport Corp. at 80 Orville Dr, Ste 100, Bohemia, NY 11716.

**14. Forum Selection and Choice of Law:**

- The Terms and Conditions, applicable actions, or contracts are governed by the laws of the State of New York. Legal actions must be submitted exclusively to a state or federal court in Suffolk County, New York, to which Parties consent. Claims not filed or suits not instituted accordingly shall be deemed waived and unpaid.

**JemRock Auto Transport - Terms & Conditions Amendments**

**15. Changes to Terms & Conditions:**

CUSTOMER commits to adhere to shipping orders’ terms and conditions. JemRock may update these periodically, and the is the latest version of terms-and-conditions. Such changes apply to all transactions with CUSTOMER from the notice/posting date.

**16. Website Access:**

- All rights to the JemRock website belong to JemRock. CUSTOMER, subject to payment and adherence to these Terms and Conditions, receives a non-exclusive, non-transferable license for internal use only. Third-party use is strictly prohibited. JemRock disclaims all warranties related to the website and is not liable for any losses or damages.

**17. No Consequential Damages:**

- JemRock is not liable for special, incidental, consequential, or punitive damages, including loss of profits. CUSTOMER releases JemRock from claims related to website access or breach of this section.

**18. Severability:**

- If a provision can be interpreted in a way that makes it legal and enforceable, it shall be construed accordingly. All provisions will be interpreted fairly, and severable provisions will be enforced as if invalid or unenforceable parts were not present.

**19. Pick Up and Delivery Times; Delay:**

- JemRock provides estimated pickup and delivery dates. Delays may occur due to various factors, and JemRock does not guarantee specific times or dates. JemRock and Carrier are not liable for losses due to delays. Customers are responsible for car rental or accommodation fees resulting from Vehicle delivery delays.

**20. Confidentiality:**

- Pricing information, including quotes, is confidential and may not be shared with third parties without consent. It is for internal use only by CUSTOMER, its subsidiaries, and affiliates.

**21. Logo/Trademark:**

- CUSTOMER must not use JemRock’s name, logo, trademarks, or trade names in any material without prior written consent from JemRock.

**22. Disputes and Collections:**

- Credit card disputes will be reviewed per the terms. Collections may result in additional fees. JemRock Auto Transport reserves the right to add a $200 fraudulent chargeback fee for any customer/card holder chargeback.

**23. Money-back Guarantee:**

- a. The deposit is fully refundable if a cancellation is requested before the vehicle is picked up.
- b. Cancellation requests must be in writing to jemrocktransportation@gmail.com. Phone requests are not accepted.

**24. JemRock Inc. Guaranteed Pickup Service
(a) Guaranteed Pickup Service: JemRock Inc. ("JemRock") offers a Guaranteed Pickup Service to provide our customers with certainty and peace of mind in their auto transport needs. This service guarantees that your vehicle will be picked up within the specified timeframe agreed upon at the time of booking.
(b) Eligibility: The Guaranteed Pickup Service is available for select routes and vehicle types. Customers must explicitly opt for this service.
Customers understand that this is a premium service that adds an additional cost to the original price for the auto shipment.
(c) Scheduling: Customers opting for the Guaranteed Pickup Service must provide accurate and complete information regarding the pickup location, vehicle details, and preferred pickup date. JemRock will confirm the pickup details and provide a Guaranteed Pickup Date.
(d) Pickup Guarantee: JemRock guarantees to pick up your vehicle on the confirmed Guaranteed Pickup Date. In the rare event that we are unable to meet this commitment due to unforeseen circumstances (e.g., severe weather, road closures, mechanical failures), JemRock will provide timely communication and work diligently to reschedule the pickup at the earliest available opportunity.
(e) Customer Responsibilities: Customers must ensure that the vehicle is prepared for transport and accessible to our carriers at the agreed-upon time and location. Any changes to the pickup details must be communicated to JemRock at least 48 hours prior to the Guaranteed Pickup Date.
(f) Exclusions: The Guaranteed Pickup Service does not cover delays caused by customer unavailability, inaccurate information provided by the customer, force majeure events, or other circumstances beyond JemRock's reasonable control."

**25. JemRock Auto Transport Best Price Guarantee:**

- a. **Our Commitment:** JemRock is committed to offering competitive prices and provides a Best Price Guarantee.
- b. **Price Match Promise:** If a lower price is found within 24 hours, JemRock reviews and matches or beats the price, ensuring the best available rate.
- c. **Price Adjustment:** Successful claims result in adjusting the booking to the matched price.
- d. **Exclusions:** Not applicable to promotions, rates from third-party sites, or in cases of pricing errors.
- e. **Right to Modify or Cancel:** JemRock reserves the right to modify or discontinue the Best Price Guarantee without notice.

**26. JemRock Auto Transport Guaranteed Pickup Service:**

- a. **Guaranteed Pickup / Drop off Service:** JemRock offers a premium service guaranteeing vehicle pickup / Drop off within an agreed timeframe.
- b. **Eligibility:** Available for select routes and vehicle types, with additional costs.
- c. **Scheduling:** Customers must provide accurate pickup details. JemRock confirms a Guaranteed Pickup Date.
- d. **Pickup Guarantee:** JemRock guarantees pickup on the confirmed date. In unforeseen circumstances, efforts are made to reschedule promptly.
- e. **Customer Responsibilities:** Ensure vehicle readiness and notify of changes 48 hours before the Guaranteed Pickup Date.
- f. **Exclusions:** Does not cover delays due to customer factors, force majeure, or circumstances beyond JemRock’s control.