TERMS AND CONDITIONS OF SHIPPING
- These terms and conditions govern the contract of carriage / storage (“the Agreement”) for the shipment of motor vehicles (“the Vehicle”) entered into between TFX International (“TFX”), the shipper, and the receiver.
- We do not guarantee pick up and/or delivery dates or times. Do not pack anything in the Vehicle that you will require within a few days of the estimated delivery.
- TFX is not liable for any personal articles in the Vehicle whatsoever. A maximum of 100 lbs. of personal articles is permitted in the Vehicle. You may put personal articles in the trunk of the Vehicle only. Do not put any articles in the Vehicle front or back seating areas.
- If you have a sport utility vehicle, hatchback or station wagon, you may only pack the rear storage area to a height that is not to exceed the windows. 100 lbs. maximum still applies.
- Should the Vehicle be overloaded you will be required to remove some of the contents or the driver will be unable to load the Vehicle. This will be strictly enforced. Waiting time may apply and will be charged at $125.00 per hour.
- Do not include any prescription or non-prescription drugs, alcohol, firearms, tobacco products or food items in your Vehicle. TFX reserves the right to charge $125.00 per hour for every hour we are detained by Customs Officials.
- Payment by wire transfer, bank draft, etransfer or cash is required on PICK UP or DELIVERY of your Vehicle.
- If your Vehicle has to be bonded into the USA or Canada, a $320.00 bond fee will apply.
- In addition to the Agreement and these terms and conditions, the Agreement and the bringing of a claim under the Agreement will be governed by Schedule 1 of the Ontario Regulation 643/05 to the Highway Traffic Act R.S.O. 1990, c. H. 8.
- In the event the pick up or delivery address is inaccessible to our Tractor/Trailer units and a tow truck is required, all tow truck charges will be the responsibility of the shipper and/or receiver and will be over and above the transport charge.
- If your Vehicle should become inoperable during transport and it requires pushing to load and/or unload, a pusher fee of $200.00 will apply.
- Should your Vehicle be detained at the border or refused entry, for any reason, all related charges for wait time, bond fees, storage and/or returning your Vehicle to you will be your responsibility. Wait times will be charged at $125.00 per hour and a bond fee of $320.00. The original transport charges are non-refundable. TFX will not be held responsible should customs or immigration determine your Vehicle is inadmissible or your documentation is deemed unsatisfactory and the Vehicle is denied entry.
- Payment for services shall be provided to the driver, or our office, prior to unloading your Vehicle. Failure to provide payment shall result in immediate transport and warehousing of your Vehicle. A storage fee of $50.00 per day will be assessed. The charge shall be added to the total and the entire amount shall be subject to all rights and responsibilities under the Repair and Storage Liens Act R.S.O. 1990, Chapter R. 25. All monies paid shall be applied to the freight charges first.
- If our driver arrives and is unable to load or unload the Vehicle for any reason, after 30 minutes, wait time at a charge of $125.00 per hour will apply.
- Please ensure that your Vehicle is washed immediately prior to pick up so that we may conduct a Vehicle survey upon pickup to assess the Vehicle’s condition. Should your Vehicle not be clean on pickup TFX will be released of any responsibility for scratches, dents and any normally visible damage that cannot be seen due to dust, dirt, snow, ice or any other substance that prevents our driver from conducting a proper survey.
- At the time of delivery, you or your agent must inspect the Vehicle with our driver and note any exceptions on the delivery receipt (Vehicle Survey) prior to signing A failure to inspect and/or complete a delivery receipt will constitute a deemed acceptance that the Vehicle was received in good condition and free of any damages of any kind in any way whatsoever. CLAIMS WILL NOT BE HONOURED AFTER THE FACT!
- TFX shall appoint a qualified individual to inspect the Vehicle in the event that a claim arises relating to any alleged damage to the Vehicle. This individual will provide an assessment of the cause of, extent of and value of any alleged damages. This determination, reached by the qualified individual, will be binding on all parties to the Agreement in the event that an action is pursued.
- The parties agree that all disputes arising in connection with this Agreement shall be heard exclusively by an Ontario court. The Agreement shall be constituted and interpreted in accordance with the laws of the Province of Ontario.
TFX International will not be held responsible for the mechanical condition of any vehicle as it is impossible to determine at pickup. TFX will not be liable should any parts break in transit due to normal wear and tear, decay or old age.
TFX will not be liable for the following:
- Damage to your vehicle caused by leaking fluids, battery acids, and or cooling system anti-freeze (originating from your own vehicle).
- Damage caused by industrial fallout or acts of God.
- Articles left in vehicle. All items left are at your own risk. This includes, but is not limited to personal items, spare ignition keys, vehicle manuals, car covers, spare tires and rims, GPS, DVD’s and car jacks.
- Cracked or chipped windshields.
- It is the responsibility of the client to inform TFX if wheels or rims have been painted within the last 6 months. Failure to do so will result in TFX denying any claim for damage to rim paint.
- Damage or loss of loose parts.
- Damage to oil pans or suspension parts that are 4” or less above the ground. Damage to oil pans that are 1” below the arms.
- TFX will not be responsible for any vehicle with air ride suspension should it fail while in TFX’s care resulting in damage being done to the vehicle. TFX will be held harmless for any repair costs.
- Mechanical functions, including but not limited to exhaust assembly, alignment, suspension, brakes including parking brakes, steering, batteries or tuning of engine because inspection of these items isn’t practical at time of shipment.
- Damage caused by freezing or cooling system and/or batteries. Protection from freezing will be furnished by and at the expense of the shipper. It is the client’s responsibility to ensure that the vehicle contains suitable antifreeze for a variety of temperatures.
- TFX will not be responsible for dead or weak batteries as it is impossible to inspect.
- Damage to radio antennas that extend more than three inches above the fender or hood level.
- Auto rental accruals will not be honoured. Pickup and Delivery schedules are not guaranteed.
- A $200.00 deductible will apply to all damage claims.
- Extra charges shall be assessed for services rendered beyond above specified terms and conditions.
- All customs paperwork charges including bonds and after hours charges are the responsibility of the shipper
This is a binding agreement.