Terms And Conditions
Genius Auto Trans LLC is a licensed and bonded Property Broker with Federal Motor Carrier Safety Administration under MC 1274912. All the orders, unless mentioned otherwise and completely agreed on in writing, are dealt with in cash upon delivery of the vehicle. These terms and conditions for service (the “Terms and Conditions”) make a legal adhere-able and binding contract among the different parties (defined in these “Terms and Conditions”) and shall applicable entirely to the services offered by Genius Auto Trans LLC for arranging Transportation Services in the United States. The Terms and Conditions are subject to change and modification by Genius Auto Trans LLC upon its uploading on its website from time to time.
Definitions:
“Auxiliary Services"include those services used or performed prior to or after transportation such as “storage” requested by customer and arranged by Genius Auto Trans LLC as an additional service.
“Bill of Lading" is the referenced official shipping document, sometimes completed by the customer or in some cases by the carrier or by another authorized person or entity or entity accepting the Shipment, containing pertinent information about the Shipment such as weight, condition of the Shipment. It may include shipping documents directly referred to as Bill of Lading or Delivery Receipt that duly provide an authorization to the Carrier for accepting the Shipment.
“Bill to Party” is the person or entity to whom Genius Auto Trans LLC issues the invoice against the shipment as per instruction of Bill of Lading.
“Carrier" is the person or entity selected by Genius Auto Trans LLC for doing transportation of the Shipment using its own means of transport as per its own motor carrier authority, and it is subjected to carrier liability for an undertaking to assume such liability.
“Consignee” is the person or entity as the “ship to” party and to whom the Carrier delivers the Shipment as per Bill of Lading instruction.
“CUSTOMER” or “Shipper” refers to a person or entity with whom Genius Auto Trans LLC contracts to arrange to move the Shipment. It also includes a person who directly benefits from services performed pursuant to the “Terms and Conditions”.
“Parties” refers to the CUSTOMER, the Consignee, the consignor, Genius Auto Trans LLC, and any other Person having a present or future interest in the Shipment. It also includes any person acting on behalf of any of the above-mentioned parties with respect to a shipment.
“Person” refers to any individual, corporation, limited liability company, joint venture, trust, partnership, or other entity.
“Genius Auto Trans LLC” means Genius Auto Trans LLC, its affiliated companies, and their respective employees, officers, directors, and agents performing freight brokerage services subjected to the Terms and Conditions.
“Shipment” or “Vehicle” is the cargo listed and described on the Bill of Lading, to be transported by the Carrier, or as amended in subsequent written documentation provided to Genius Auto Trans LLC.
Agreement to Terms and Conditions
In utilizing a Shipment to Genius Auto Trans LLC for the transportation, or otherwise using the services of Genius Auto Trans LLC in any other format, CUSTOMER agrees that the Terms and Conditions are effective at the time of the shipment and no agent or employee of the Parties may alter these terms. In case of any ‘Terms and Conditions’ conflict with a ‘Bill of Lading’ or other shipping documents, the ‘Terms and Conditions’ shall supersede and control.
By submitting your order online, Genius Auto Trans LLC understands you are placing your order and accept the terms and conditions (in lieu of your signature) found here and on Genius Auto Trans LLC web site. By sending a faxed check to Genius Auto Trans LLC, one of our representatives to book your order with us, you are agreeing to all these Terms & Conditions.
Preparation of Vehicle for Transport and Post-Transport Conditions
Customer warrants that each Shipment is properly classified and completely described on the Bill of Lading or other relevant shipping documentation furnished by Customer, that each Shipment is, except as otherwise noted on the Bill of Lading, in good order and condition. The customer also warrants about its will to remain compliant with all US applicable laws, rules, and regulations. The customer will need to show such information and attach to the Bill of Lading such documents as are necessary to comply in accordance with all laws, rules, and regulations.
The customer also agrees to the following:
1. Genius Auto Trans LLC agrees to have vehicle(s) described on quotation shipped on or about the dates requested. Genius Auto Trans LLC will find a licensed Carrier (agent) to fulfill the terms and conditions of this agreement. Genius Auto Trans LLC does not guarantee a specific pickup or delivery date.
2. The car shipping order is subject to all terms and conditions of the Carrier’s bills of lading, copies of which are available at the office of Carrier and are incorporated herein.
3. Carrier’s responsibility begins when the shipper or his agent signs the bill of lading at pickup and terminates when the shipper or his agent signs the bill of lading at delivery. Genius Auto Trans LLC must be notified, should the shipper be unavailable for pickup or delivery, and his agent must be designated at that time. If a carrier is sent out and vehicle cannot be picked up there will be an additional rescheduling fee as per mutual contract.
4. Genius Auto Trans LLC hereby notifies shipper that their vehicle will be driven on and off the transporter, or to and from the transporter at the pickup or delivery site. Should the carrier be unable to access either site, this does not prevent the consignee from making a reasonable effort to meet the truck at a suitable location. To fully deliver your vehicle, you must be willing to travel up to a small distance from the designated pickup or delivery point as per mutual contract.
5. If you are shipping an inoperable vehicle, you may be required to help load and unload said vehicle at the discretion of the driver. Should vehicle(s) become inoperable during transport, a compensation fee as per mutual contract will be due at time of delivery in addition to any other money owed. It is the shipper’s responsibility to make sure the vehicle is in proper working order. Problems, such as a dead battery, bad alternator, loose cables, etc. that make the vehicle inoperable during transport will increase the transport price by a certain amount as per mutual contract.
6. Genius Auto Trans LLC or its agents will not knowingly transport vehicles with personal or household items in the passenger or trunk compartment. Federal regulation prohibits Genius Auto Trans LLC or its agents from doing so. If such items are shipped unbeknown to Genius Auto Trans LLC or its agents, such items become the sole responsibility or the shipper. Should damage occur to your car, you will be subject to additional fees at the transport company's discretion. This is Federal Law and under no control of Genius Auto Trans LLC.
7. Genius Auto Trans LLC or its agents will not be responsible for vandalism, acts of God (fire, flooding, hail, sandstorm, tornadoes, earthquakes) or objects flying from the road or sky during transport. Shippers should maintain their own insurance for these reasons. Enclosed transport is available at a higher price if necessary to ensure the vehicle's condition.
8. The shipper is responsible for preparing the vehicle(s) for transport, all loose parts fragile or protruding accessories, low hanging spoilers, fog lights, antennas, etc., must be removed and/or properly secured. Any part that falls off in transit is shipper’s responsibility, including damage done by said part to all vehicles involved.
9. If damage should occur, all money owed for transport must be paid to initiate a claim. Damage must be noted in the proper place on the bill of lading, and signed by the driver and shipper, regardless of weather, or time of day. Signing the Bill of Lading without any notation of damage verifies that shipper or his agent has received the said vehicle in good condition, and that Genius Auto Trans LLC and its agents are relieved of any further responsibility. The shipper or his agent MUST check the vehicle thoroughly.
10. Genius Auto Trans LLC and its agents must also be notified of any damage by phone within 48 hours. Shipper must submit in writing a description of damage, clear pictures, and 2 estimates within 10 days (about 1 and a half weeks) of receipt of said vehicle directly to the designated carrier for any resolution to be initiated. Genius Auto Trans LLC will support you in this effort should such a problem occur, but in no way will Genius Auto Trans LLC accept responsibility for any negligence of the assigned carrier. If your vehicle is valued at a higher than the market rate, we suggest you purchase a special insurance rider OR pursue the enclosed transport option.
11. The shipper specifically waives any right to judicature of this matter at any other location. Genius Auto Trans LLC can only be liable for up to the amount of the deposit located on your quotation. In no case can Genius Auto Trans LLC be held liable for the designated carrier’s damage. Genius Auto Trans LLC will provide carriers insurance certificate and carrier information should any controversy arise.
12. We, at Genius Auto Trans LLC, are responsible for booking the shipment of cars with a licensed and insured Motor Carrier Corporation, who handle their own damage claims. It may take a few weeks to process your claim, since the drivers must return to their terminals with the original Bill of Lading condition reports. Genius Auto Trans LLC does not transport your vehicle or ensure its transport. Genius Auto Trans LLC provides the services of finding a licensed (by the Dept. of Transportation) & insured Auto Transport Carrier and logistically bringing the Carrier and the Customer together.
13. Genius Auto Trans LLC will not be responsible for demurrage at any Auction or Port Facilities.
14. Customers must make their vehicle available during the transport time, if the vehicle becomes unavailable at any time after the order has been place and a carrier has been assigned, Genius Auto Trans LLC holds right to cancel the order with no refund.
Terms of Payment
All vehicles to be delivered with a balance due shall be paid by CASH, MONEY ORDER or CASHIERS CHECK ONLY (US funds). Should delivery be attempted after attempted notification (3 to 24 hours voice notification to phone numbers provided by shipper) and shipper or his agent does not have proper funds or is unavailable to receive delivery, vehicle(s) will be taken to and left at the nearest terminal at the discretion of the carrier, where shipper will have to retrieve and pay for storage or re-delivery fees.
Bill of Lading
All Bills of Lading are NON-NEGOTIABLE. Signing the Bill of Lading without any notation of damage verifies that shipper or his agent has received the said vehicle in good condition, and that Genius Auto Trans LLC and its agents are relieved of any further responsibility. The shipper or his agent MUST check the vehicle thoroughly.
Cancellation & Refund
It is the goal of Genius Auto Trans LLC to only get paid if we perform the service of Auto Transport Broker. If a Carrier is assigned to your order and then you cancel your order, for any reason, a fee as per mutual contract must be paid to the Carrier for gas, logistics and lost fees. If you place an order with us, you can cancel any time prior to your vehicle being assigned to a transporter. You will be charged an administration fee as per mutual contract, the remainder of your scheduling fee will be refunded. If your vehicle is booked on a transporter before your fax or email your cancellation, you will lose the amount of the deposit. If you cancel your order prior to assignment of a Carrier, you will receive a FULL refund paid to Genius Auto Trans LLC and no more.
Insurance
CUSTOMER represents and warrants it has insurance or is self-insured to satisfy any damage or loss involving the brokerage services of Genius Auto Trans LLC. Furthermore, CUSTOMER acknowledges that Genius Auto Trans LLC is not obligated to provide cargo insurance and is not legally liable for any loss, damage, or delay of freight. Genius Auto Trans LLC will provide details regarding the Carrier’s cargo insurance upon request.
Neither Genius Auto Trans LLC Nor Its Agents Shall Be Responsible For the Following:
- Damage to undercarriage, exhaust system, suspension, wheel bearings, tie downs, brakes, alignment, tuning, charging system or battery. (No evaluation is made of these components or systems at pickup location) therefore Genius Auto Trans LLC or its agents do not accept responsibility for them.
- Damage not detected at pickup location due to poor weather or lighting conditions.
- Damage to car phones or antenna under any condition (suggests that they may be removed)
- Loss of or damage to audio or video equipment not installed at the factory. Including antenna that does not retract to within 3 inches of the vehicles body.
- Damage or fines incurred because the shipper left personal or household items in the vehicle.
- Damage caused by fluids or objects flying up from the roadway, or out of the sky.
- Damage to cloth or vinyl convertible or decorative tops over 2 years old.
- Damage to T-tops, boots, bras, caps, or any other type of canvas covering.
- Damage caused by leaking fluids, such as battery acid, motor oil, transmission fluid, brake fluid, power steering fluid, radiator coolant, or fallout resulting from acts of God.
- Damage caused by freezing of cooling system and/or battery.
- Damage caused by failure of factory tie-downs or pull-through from tie-down holes.
- Damage to or caused by any vehicle that cannot be driven on or off the transport under its own power. (Vehicle will not run or has lost its braking system.).
ALL COMMUNICATIONS REGARDING A CLAIM, INCLUDING DISPUTED DEBTS AND INSTRUMENTS TENDERED AS FULL SATISFACTION OF A DEBT, ARE TO BE SENT IN WRITING TO Genius Auto Trans LLC at the following address:9300 Forest Point Circle, Suite 165, Manassas, Virginia, 20110, United States.
Forum Selection and Choice of Law.
The Terms and Conditions, and any action or contract to which they apply, shall be governed and interpreted by the laws of the State of Virginia, U.S., without reference to its choice of law provisions. All suits to recover a claim must be exclusively submitted to the jurisdiction of a state or federal court embracing Manassas, Virginia, to which the parties irrevocably consent and waive all objections thereto. Where claims are not filed or suits are not instituted in accordance with the foregoing provisions, such claims shall be deemed waived and will not be paid.
Changes to Terms & Conditions.
The customer agrees to be bound by all terms and conditions in any shipping order. Genius Auto Trans LLC may modify these Terms and Conditions from time to time by posting the most up-to-date Terms and Conditions on https://geniusautotrans.com/. Such changes shall be effective for all transactions between Genius Auto Trans LLC and the customer on the date of the notice or posting.
Pick Up and Delivery Times & Delay.
Genius Auto Trans LLC shall provide the customer with an estimated pickup date and an estimated delivery date. The customer acknowledges and agrees that pick-up dates and delivery dates are estimates! The customer further agrees and acknowledges delays may occur prior to and/or during the transport of the vehicle due to various issues, including, without limitation, driver shortages, weather, and road conditions.
Genius Auto Trans LLC does not guarantee any pickup or delivery times or dates. Genius Auto Trans LLC and Carrier are not liable for any loss or damages occasioned by delays of any kind or for any reason. Further, Genius Auto Trans LLC and Carrier are not responsible for setting out the car rental fees and/or accommodation fees due to delays in delivery of the vehicle.
Confidentiality.
Pricing information, including any information contained in a written or oral quote, is confidential information between the parties and may not be disseminated to anyone other than those customer employees and agents with a need to know and who are responsible for analyzing its contents. It may also not be disseminated to any third parties without the other party's express permission.
Logo/ Trademark.
Customer shall not use Genius Auto Trans LLC name, logo, trademarks, or trade names in publicity releases, promotional material, customer lists, advertising, marketing, or business-generating efforts, whether written or oral, without obtaining prior written consent, which consent may be withheld at Genius Auto Trans LLC sole discretion.
Disputes and Collections.
Any credit card dispute or chargeback received will be reviewed in accordance with the above-mentioned terms and conditions. If a dispute arises and is escalated to our collection's agency, additional fees may be imposed. This could result in a larger total amount owed than the original disputed amount. Genius Auto Trans LLC reserves the right to add a fraudulent chargeback fee for any chargeback or credit card dispute submitted by the customer or cardholder.