CUSTOMER TERMS AND CONDITIONS

(Revised by Tempus Logix, Inc. August 2024)

The following outlines the essential terms and conditions in a binding contract between the customer(s) and Tempus Logix, Inc., a registered and bonded transportation brokerage company in the State of California, licensed under USDOT 3117533 and MC 86120, to broker the shipment of the Vehicle(s)/Unit(s) the relevant information of which is provided by the customer with a licensed and insured Carrier(s) within the US.

1. GENERAL TERMS AND PRECAUTIONARY GUIDELINES

1.1 The customer(s) agrees to and understand that Tempus Logix, Inc., will broker the shipment of the Vehicle(s)/Unit(s), the relevant information of which is provided by the customer to a licensed and insured Carrier(s) within the US. In simpler terms, when a customer authorizes Tempus Logix, Inc. to broker his/her shipment to a carrier, they have granted permission to search for a suitable carrier to transport their Vehicle(s)/Unit(s) for the agreed-upon fee. However, this authorization does not imply that Tempus Logix, Inc. is contractually liable for the availability of drivers, potential delays, or any unforeseen mishaps that may occur during the shipping process. Tempus Logix, Inc. facilitates the connection between its customers and carriers as a broker. Still, many factors, such as carrier schedules and external conditions, are beyond its control and cannot be anticipated.

1.2 The customer(s) understand that Tempus Logix, Inc. does not have tracking devices to provide live or real-time updates or ETAs. Instead, updates are obtained manually from the Carrier and relayed to the customer. Furthermore, the customer(s) understands that delays may occur due to bad weather conditions, road traffic, blockades, mechanical issues, or other unforeseen circumstances.

1.3 The driver can only collect and/or deliver your shipped vehicle(s)/unit(s) door-to-door if semi-trucks have access at both the collection and delivery locations. Suppose semi-trucks do not have access at either end. In that case, you must arrange to meet with the driver at a nearby area (e.g., Commercial/public parking lot, rest areas, wide public streets, or service station, etc.) that is more accessible and does not risk blocking traffic or violating DOT Trucking and Motorcoaches laws and regulations.

1.4 In the event that the shipped vehicle(s)/unit(s) are inoperable or stationary, Tempus Logix, Inc. will not provide or compensate for any towing services required to move the shipped vehicle(s)/unit(s) from or to an accessible area. This policy applies to both the collection and delivery points. The customer and/or any of their associates or representatives are responsible for ensuring that the shipped vehicle(s)/unit(s) are positioned in a location accessible for loading and unloading by the carrier. Any additional costs or arrangements required to facilitate this will be the customer’s sole responsibility.

1.5 The customer understands and agrees that Tempus Logix, Inc. may use pictures of the shipped vehicle(s)/unit(s) whether willingly provided directly by the customer, shared on a third-party platform intended for transportation purposes, or taken by the carrier during collection or delivery, for showcasing purposes on its official website, social media pages, and other platforms. Tempus Logix, Inc. commits to ensuring that these images will not reveal the customer’s identity, location, or any other information that could lead to the identification of the customer. Furthermore, Tempus Logix, Inc. guarantees that any obtained images will not be used in any activity deemed foul, harmful, or violating applicable cyber laws and regulations. Protecting the customer’s privacy and compliance with legal standards are priorities in all uses of such images.

1.6 If the Customer and/or any of his/her associates or representatives are unable or unwilling to accept delivery of the shipped vehicle(s)/unit(s) for any reason at the agreed-upon time and location, the shipped vehicle(s)/unit(s) may be placed in a storage facility at the customer’s expense. The customer understands and agrees to pay all costs incurred by the storage facility, including but not limited to storage fees, handling charges, and any other associated expenses. Tempus Logix, Inc. shall not be responsible or liable for any loss, costs, damages, or other ramifications resulting from the customer’s inability and/or refusal to receive the shipped vehicle(s)/unit(s) as scheduled.

1.7 Tempus Logix, Inc. verifies the carrier’s cargo and liability insurance through the Federal Motor Carrier Safety Administration (FMCSA).

2. COMMUNICATION

2.1 Operating hours are Monday through Friday, 09:00 AM – 10:00 PM EST/EDT, and Saturday and Sunday, 10:00 AM – 10:00 PM EST/EDT. Our lines of communication remain open during these hours, and we can be reached by phone, email, SMS, and through our website Chat tool.

2.2 The customer(s) agree to and understand that they will be contacted via phone, email, and SMS (as and when necessary) for notifications, including but not limited to their shipment being assigned a driver, collected, and upon completion of delivery, updates/ETAs or to inquire about any missing information or documentation(s) relevant to the shipment. Communications usually occur throughout the week between 08:00 – 20:00 (relevant local time); however, in case of emergencies, we might need to contact the Customer and/or any of his/her associates or representatives outside these hours. This also extends to the customer’s associates or representatives (as and when necessary).

2.3 The customer(s) agree that their name, contact information, address, and other relevant information may be shared with the carrier or any of their representative(s) on a need-to-know basis if and when necessary. This information sharing is intended to facilitate the effective and efficient transportation of their vehicle(s)/unit(s) and ensure proper communication and coordination throughout the process.

2.4 Due to the nature of land transportation, all communications provided to the customer regarding dates, times, and estimated times of arrival (ETAs) are to be considered estimates only. These details are subject to change based on circumstances beyond the carrier’s control, such as traffic, weather conditions, or other unforeseen factors. Our agents will make every effort to promptly update the customer on any schedule changes as they arise.

Tempus Logix, Inc. fully acknowledges, adheres to, and respects the constitutional right to freedom of speech and expression. However, it discourages using foul or offensive language in communications with its employees and/or business associates. All parties involved are expected to maintain decorum and engage in respectful conduct during all interactions. Your cooperation in fostering a professional and courteous environment is highly appreciated.

3. PRICE AND EXTRA CHARGES

3.1 The customer(s) agree to and understand that the offered quote(s) or the price of their booking are valid for 5 (five) calendar days and are intended for shipments planned within 10 (ten) calendar days from the receipt of the date of the quote or booking confirmation. Should the shipping date exceed the aforementioned periods, the original price may change according to the market demand, and the customer will be formally notified of any such change (if and when applicable).

3.2 Quotes/Prices offered include all costs associated with the transportation of the vehicle(s)/unit(s), including door-to-door service (if semi-trucks have access at both ends), goods and services tax (GST), tolls, and insurance. (There are no hidden fees).

3.3 The Carrier and/or any of its official representative(s) reserve the right to demand a “Dry Run Fee” of up to $200.00 (USD two hundred only) if the Carrier provides evidence that notice was given to the Customer and/or any of his/her associates or representatives but, upon arrival, was unable to load or unload the shipped vehicle(s)/unit(s) at the agreed date and time.

3.4 The Carrier and/or any of its official representative(s) reserve the right to demand a “Detention Fee” not exceeding $75.00 (USD seventy-five only) per hour if the Customer and/or any of his/her associates or representatives provide faulty information or do not show up at the agreed-upon time and location, resulting in a delay in the collection or delivery process.

3.5 The Customer and/or any of their associates or representatives understand and agree that Tempus Logix, Inc. shall not be responsible for any direct or indirect loss, financial or otherwise, that may occur throughout the contract due to delays in the shipment (outside the estimated time frames mentioned in 4.1 and 4.2) or changes in market prices. This includes, but is not limited to, losses associated with rentals, public transportation or other modes of transport, cancellation or rescheduling of flights, lodging arrangements, parking fees, other municipal fees, rescheduling fees, storage fees, or losing a bid to purchase a vehicle(s)/unit(s) in an auction sale or otherwise, or any other related expenses.

3.6 Please note that any shipments being collected and/or delivered to ports, terminals, stations, or other specialized cargo/transit areas requiring the driver to have a valid Transportation Worker Identification Credentials (TWIC) card may result in potential changes to the original price. This is because the percentage of registered drivers in vehicle land transportation who hold valid TWIC cards is generally small, representing less than 5% of trucking and transportation industry drivers. This percentage can vary depending on the region and the concentration of logistics activities requiring TWIC access, which may affect availability.

4. TIME FRAME

4.1 Depending on the availability of drivers, your shipment is estimated to be assigned a Carrier within 1 – 5 business days, starting on the first available date that you provide (i.e., the date on which the vehicle is first available to be picked up). This timeframe ONLY applies to Sedans, Hatchbacks, Convertibles, Minibuses, Minivans, Trucks, Vans, SUVs, Sport, Coupés, Luxury, Vintage, Electric, Hybrid, Muscle, Compact, Station Wagons, and towing services.

4.2 The timeframe for all other shipments (e.g., Heavy Equipment, Campers, Motor Homes, Mini-Trucks, Microcars, Off-Road Vehicles, RVs, ATVs, UTVs, PTVs, low-speed vehicles (LSVs), Motorcycles, and Buggies) is 1 to 7 business days, starting on the first available date that you provide (i.e., the date on which the vehicle/unit is first available to be picked up).

4.3 Tempus Logix, Inc. offers an Expedited Shipment option with guaranteed pick-up dates. For more information, contact our Customer Care at (818) 942-7030 or email [email protected].

4.4 Further to clause 3.6, please note that shipments requiring the driver to have a valid Transportation Worker Identification Credentials (TWIC) card may result in delays outside the estimated time frame. The Customer and/or any of their associates or representatives understand and agree that Tempus Logix, Inc. is not responsible or liable for any such unforeseen delays.

5. PAYMENT

5.1 All payments due to Tempus Logix, Inc. (without exception) must be settled in full before the shipped vehicle(s)/unit(s) are picked up.

5.2 Payments made in full through Credit Card and PayPal are subject to a 4% payment processor fee.

5.3 Payments made in full through Credit/Debit card(s) require the customer (or the person who will be making the payment) to undergo a quick and secure Payment Verification Process where the name displayed on the customer’s (or payer’s) Credit/Debit card must match that of the name shown on his/her driving license clear copies of which will be required for this process.

5.3 Customers who choose to pay for their shipment in full through Credit/Debit card(s) or PayPal will receive an (electronic) invoice at their registered email address, which must be settled before the shipped vehicle/unit(s) are picked up.

5.4 Customers who pay for their shipment in full through Corporate, Personal, or a Cashiers Check will only be considered settled after the check(s) are received and cleared and before the shipped vehicle/unit(s) are picked up.

5.4 Any remaining balances can be paid in cash (or any certified funds agreed upon beforehand) to the carrier at the time of delivery.

5.5 The customer agrees and understands that no charge-backs or attempts to reverse payments made to ship their vehicle(s)/unit(s) can be claimed from Tempus Logix, Inc. for any reason. This is because Tempus Logix, Inc. operates solely as a brokerage, mediating between the customer and the carrier, and is responsible only for processing and forwarding the funds associated with the transportation fees. Tempus Logix, Inc. does not assume liability for the transportation service provided by the carrier and/or any of its official representatives(s).

5.6 The customer understands and agrees not to conflate or combine any claims made against the carrier with the shipping (freight) fee allotted to the carrier, as these are separate remittances. In the event of a damage(s) claim, the customer agrees not to withhold or refuse payment of the carrier’s fee for the transportation of the vehicle/unit(s) from and to the agreed-upon locations. Transportation services must be paid in full regardless of any ongoing or potential claims against the carrier.

6. PRE/POST INSPECTIONS

6.1 The Customer and/or any of their associates or representatives are strongly advised to double-check that the shipped vehicle(s)/unit(s) are ready and available in the condition they were in at the offset of the booking, no information withheld, no additional items were included, the key/fob is available, and all due payments to Tempus Logix, Inc. or otherwise (if applicable) are settled in full (e.g., Storage, Auction, Port, Purchase, Towing Service, or Scheduling Fees, or, due to undisclosed faulty/defective conditions, or personal reasons, etc.). Providing incorrect or missing information relevant to the shipment, knowingly or otherwise, constitutes misrepresentation. This includes but is not limited to providing the incorrect make, model, trim, aftermarket modifications, vehicle condition, the weight of extra items, or omitting relevant information/documents necessary for the collection and/or delivery process. In the event of such misrepresentation, the shipment may be subject to additional charges (including those mentioned in 3.3 and 3.4), delays, or even cancellation of the order. The customer shall be responsible for any extra costs incurred as a result of this misrepresentation.

6.2 The customer agrees and understands that any loose parts, no matter how small or seemingly insignificant, must be either removed or securely fastened to the shipped vehicle(s)/unit(s) before transportation. The customer is fully responsible for any part that falls off the shipped vehicle(s)/unit(s) at any stage during transportation. This responsibility includes any damages that may be caused to other vehicles, property, or persons due to loose parts falling off.

6.3 At the time of collection and delivery, the customer and/or any of their associates or representatives and the driver shall carefully inspect the external body shipped vehicle(s)/unit(s) and accurately mark its condition on the Bill of Lading (BOL). This inspection includes but is not limited to, noting any damages, scratches, dents, gouges, or other imperfections. After the inspection, the customer and/or any of their associates or representatives and the driver must sign the Bill of Lading, which serves as a legally binding document outlining the condition of the shipped vehicle(s)/unit(s) and its journey. This process is in compliance with Article §375.505 of the Federal Motor Carrier Safety Administration (FMCSA).

6.4 The customer can include up to 100 lbs. (one hundred pounds only) / per vehicle of personal items for free, given the items are placed safely in the vehicle’s trunk and/or arranged inside the vehicle below window level (not visible from the outside).

6.5 Further to clause 6.4, The carrier maintains the right to refuse to transport the shipped vehicle(s) or charge extra fees for excess weight above 100 lbs. of approx. $1.00 (USD one only) per additional pound.

6.6 The customer must declare all extra items (without exception) intended to be shipped inside the vehicle(s) at the time of booking. The customer may be asked to provide descriptions, measurements, and pictures of these items, which may be shared with the driver beforehand. Failure to disclose this information at the onset of the booking may result in cancellation, delays, or extra charges, for which Tempus Logix, Inc. will not be responsible or liable.

6.7 The carrier’s responsibility for the shipped vehicle(s)/unit(s) ends once the shipment has been delivered and the customer and/or any of their associates or representatives has inspected and signed the Bill of Lading (BOL). Signing the BOL acknowledges receipt of the vehicle in the documented condition, and the carrier is released from any further duties, tasks, or liabilities related to the shipment.

7. LIABILITY

7.1 Tempus Logix, Inc. is not responsible or liable for any loss, damage, or extra charges demanded by the carrier for personal items added to the shipped vehicle(s) (mentioned in 6.4, 6.5, and 6.6). Furthermore, these personal items will not be covered under the carrier’s cargo and/or liability insurance. Including personal items is at the customer’s own risk, and Tempus Logix, Inc. assumes no responsibility for their safety or security during transport.

7.2 Tempus Logix Inc. is not responsible or liable for any agreements (financial or otherwise) made between the Customer and/or any of his/her associates or representatives and the Carrier and/or any of its official representative(s) without the knowledge and direct involvement of Tempus Logix, Inc. This includes any loss or damage to the shipped vehicle(s)/unit(s) and/or other property.

7.3 The customer understands and agrees that neither Tempus Logix, Inc., the carrier, nor the carrier’s insurance company shall be liable for any mechanical damage caused by the carrier to the vehicle(s) during loading/unloading or transit. This includes but is not limited to, damage or malfunction affecting the engine, transmission, brake system, suspension, exhaust system, steering system, cooling system, electrical system, fuel system, drivetrain, undercarriage, or any other mechanical components.

7.4 Further to clause 7.3, the carrier will be liable for damages caused to the external body of the vehicle during transit, provided such damages are evident and documented upon delivery and noted on the Bill of Lading (BOL).

7.5 The customer must notify Tempus Logix Inc. within a maximum of 24 (twenty-four) hours from the delivery time of any damages caused to the external body of the vehicle(s) (as explained in 7.3 and 7.4). Damage reports will only be considered if the customer and/or any of his/her associates or representatives were present during the delivery and signed the Bill of Lading (BOL) acknowledging the vehicle(s) condition.

7.6 Further to clause 7.5,If the customer and/or any of his/her associates or representatives were not present during delivery and the vehicle(s) was stationed at a location agreed upon beforehand, neither Tempus Logix Inc. nor the carrier shall be held liable for any damages reported after delivery.

7.7 The customer understands and agrees that Tempus Logix Inc., acting as a neutral third-party broker, holds no insurance obligations and is not liable directly or indirectly for any damage claims to the shipped vehicle(s)/unit(s). All liability for damage claims lies with the carrier and/or the carrier’s insurance provider.

7.8 Tempus Logix Inc. will forward any reports on damages directly to the carrier for their review and action. While Tempus Logix Inc. is not obligated to do so, it may, at its discretion, in certain instances, choose to mediate between the customer and the carrier in an effort to reach a mutually beneficial agreement.

7.9 The customer understands and agrees that neither Tempus Logix Inc., the carrier, nor the carrier’s insurance can be held responsible or liable for any damages caused by natural disasters (acts of God) to the shipped vehicle(s)/unit(s), any extra items, or other property. This includes, but is not limited to, damages resulting from events such as hurricanes, floods, earthquakes, tornadoes, or other uncontrollable natural occurrences.

7.10 Tempus Logix, Inc. acts as a neutral third party with no legal president in resolving disputes. Should any dispute arise between a customer and a carrier and fail to reach a mutually beneficial agreement, the aggrieved party might need to seek a professional mediator and/or legal options to continue pursuing the matter.

7.11 Tempus Logix, Inc. cannot be held liable if any carrier’s credentials, including licenses, insurance (mentioned in clause 1.7), or ratings, are later found to be expired, falsified, revoked, nullified, outdated, or otherwise invalid. This limitation arises from legal and ethical obligations to comply with privacy and consumer protection laws. Additionally, certain third-party agencies and sources used for verification may encounter factors leading to outdated data or be subject to similar privacy and consumer protection restrictions.

8. CANCELLATION POLICY

8.1 If the shipped vehicle(s)/unit(s) are not assigned a driver and/or not picked up within the agreed-upon time frame (explained in 4.1, 4.2, and 4.3), the customer reserves the right to opt out of this agreement without any penalties. In such a case, the customer shall be entitled to a full refund of any deposits paid to Tempus Logix Inc.

8.2 Should the customer decide to opt out of this agreement, they must notify Tempus Logix Inc. in writing. This notification can be made by emailing [email protected] or via SMS to (818) 942-7030. Tempus Logix Inc. does not acknowledge, is not responsible for, or liable for cancellation requests made verbally, whether in person or over the phone. Only written notifications to the provided email address and/or phone number will be considered valid and binding.

8.3 If the customer decides to opt out of this agreement after a carrier has been assigned for their shipment, this may result in additional charges (as explained in 3.3 and 3.4). Tempus Logix Inc. reserves the right to deduct any such charges from the customer’s deposit to cover costs associated with the cancellation. The customer acknowledges that these charges may vary depending on the timing of the cancellation and the specific arrangements made with the carrier.

8.4 Any (applicable)refunds will be processed within 2 (two) business days of receiving a written notification to opt-out, sent to the provided email address or phone number (as explained in 8.2).

8.5 The customer understands and agrees that Tempus Logix Inc. reserves the right to refuse service and/or cancel this agreement at its discretion, provided that such refusal or cancellation is in compliance with applicable federal, state, and local laws.

8.6 For shipments outside mainland USA (i.e., Hawaii and Alaska) contracted to third-party marine shipping companies, the customer understands and agrees that if they opt out of this agreement after a marine carrier has been assigned for their shipment, this may result in additional charges. Tempus Logix Inc. reserves the right to deduct any such charges from the customer’s deposit to cover costs associated with the cancellation. The customer acknowledges that these charges may vary depending on the timing of the cancellation and the specific arrangements made with the marine carrier.