I.V. Auto, Inc.
Transport Services – Buyer Terms and Conditions
Overview
These Terms and Conditions (“Terms”) apply to every buyer (“Buyer”) who uses the shipping, exporting, and facilitation services of the I.V. Auto Transport program (“Agreement”). The Terms take effect on the date the Buyer purchases services and may be updated at any time without notice. They apply to all purchase orders, quotations, acknowledgments, and invoices issued by I.V. Auto, Inc. or its affiliates. These Terms supersede prior terms and are binding on all Buyers, shippers, consignees, and third parties for whom I.V. Auto provides transport services.
Legal Ownership
The Buyer represents that it has purchased the vehicle(s) being transported, has paid for the vehicle(s) with available funds, and has authority to enter into this Agreement or is duly authorized by the legal owner to do so. If the Buyer is an individual, the Buyer affirms being at least eighteen years of age and legally competent to enter into this Agreement.
General Provisions
These Terms form a binding contract among I.V. Auto and all Buyers, shippers, and consignees and replace any oral promises, representations, or understandings regarding I.V. Auto’s services. They apply to all services provided by I.V. Auto unless contrary to applicable law or unless I.V. Auto agrees otherwise in a signed writing. If there is any inconsistency between these Terms and a bill of lading issued for freight services, the Terms herein control. No employee or agent of I.V. Auto may modify or waive these Terms without the written consent of an authorized I.V. Auto executive. I.V. Auto may amend these Terms without notice; continued use of services after publication of amended Terms constitutes acceptance. The Buyer understands that I.V. Auto is not the transportation carrier; the vehicle will be transported by a third-party carrier (“Carrier”) pursuant to a separate agreement between I.V. Auto and the Carrier.
Pricing
Prices include applicable taxes and convenience fees unless stated otherwise. The Buyer is responsible for all federal, state, and local taxes unless a valid exemption certificate is provided. Any change to the delivery address may require a price adjustment payable by the Buyer. International deliveries are subject to customs duty and VAT, billed separately. Additional fees may apply for non-standard, oversized, heavily damaged, or modified vehicles, and when vehicles are shipped with loose parts. Damage caused by loose parts is not the responsibility of I.V. Auto or the Carrier.
Payment
Transportation fees for ocean shipments and all-inclusive freight services must be prepaid within five days of invoice. If a third party fails or refuses to pay, liability reverts to the Buyer or consignee, who are jointly and severally responsible and must pay within five days of I.V. Auto’s demand. Late payments are subject to a fee of $50 per vehicle or 2% of the vehicle selling price. Transportation will not be scheduled until I.V. Auto receives all amounts due for the purchased vehicle and transportation and holds assignable title from the seller. The Buyer will reimburse I.V. Auto for reasonable collection costs, including legal fees and storage.
Scheduling
Pickup and delivery dates are estimates only; no guarantee is expressed or implied. Estimated delivery dates may be updated when an order is dispatched to the Carrier, but the Carrier may arrive earlier or later than expected. The Buyer waives all claims for discounts or damages, including incidental, indirect, or consequential damages and lost profits, arising from delays, even if I.V. Auto is advised of the possibility. Delays may result from Carrier schedules, mechanical failures, adverse weather or road conditions, driver illness, market conditions, and other unforeseen circumstances. I.V. Auto does not reimburse out-of-pocket expenses such as rental cars or airfare due to delays, damage, or accidents.
Delivery
The Buyer will accept vehicles in the condition delivered by the Carrier and is responsible for unloading. I.V. Auto and the Carrier rely on the delivery information provided at the time of order. The Carrier typically attempts to notify the Buyer approximately 12 to 24 hours before delivery. If the Buyer is unavailable, the vehicle may be delivered to a terminal, an I.V. Auto yard, or a third-party site at the discretion of I.V. Auto or the Carrier. The Buyer will be responsible for storage, offloading, and re-delivery charges, and additional handling may cause damage for which neither I.V. Auto nor the Carrier is responsible. If delivery information changes or is inaccurate, the Buyer must notify I.V. Auto at least two hours prior to the estimated delivery. If this notice is not provided and a drop-off is attempted, the Buyer is responsible for dry-run, reroute, storage, offloading, and re-delivery costs, including costs incurred if the Buyer rejects delivery
Routing
The Carrier determines the route from origin to destination and does not agree to specific routing requests.
Door-to-Door Delivery
Door-to-door delivery means the Carrier will get as close as reasonably and safely possible to the designated address. Local traffic laws, safety, weight restrictions, overhanging trees, traffic conditions, steep hills, cul-de-sacs, speed bumps, or transporter maneuverability may prevent exact door delivery. In such cases, the Buyer is responsible for arranging final delivery.
Buyer Contact Information
I.V. Auto and the Carrier rely on the contact details provided by the Buyer. If the Buyer is unavailable, an agent must be designated to act at the point of delivery. I.V. Auto is not responsible for tow, yard, or re-delivery charges resulting from the Buyer’s failure to provide alternate contacts. In the absence of actual knowledge to the contrary, I.V. Auto may rely on signatures and on email, text, telephone, fax, or other communications from persons purporting to be the Buyer’s agents or employees for posting load information or otherwise acting on the Buyer’s behalf. I.V. Auto may conduct business with the Buyer through electronic or other paperless means and may rely in good faith on usual and regular forms of communication.
Cancellation Policy
Orders may be canceled only by email from an authorized Buyer representative to support@ivautoinc.com with the subject line “Transport Cancellation,” and as otherwise stated here. A dry-run fee will apply if the Buyer cancels or redirects after 11:59:59 p.m. Eastern Time two calendar days before pickup from an I.V. Auto facility. For distances of 0–1000 miles, the fee is $150; for distances greater than 1000 miles, the fee is $250. If transportation needs to be altered or canceled after pickup from an I.V. Auto facility, the Buyer must pay the current transportation fee in addition to any new quote and associated costs.
Termination
I.V. Auto may terminate this Agreement at any time without cause or breach. In such case, accepted orders will be honored but no additional orders will be accepted; executory obligations will be discharged. I.V. Auto is not liable for anticipatory profits or consequential damages, and it retains all rights or remedies for any Buyer breach.
Liabilities Not Assumed
Except as prohibited by law, I.V. Auto is not liable for mis-delivery, missed pickup, non-delivery, delay, damage, or loss arising out of or in connection with shipment or services unless the Buyer proves that the damage was caused solely by I.V. Auto’s negligence and there was no contributory negligence by the Buyer, consignee, or other claimant. Selection of a particular ocean carrier is not negligence. Delivery by a specific time or date is not guaranteed, and I.V. Auto is not liable for special or consequential damages due to delay, mis-delivery, or non-delivery. Without limitation, I.V. Auto is not liable for loss or damage to personal property stored in vehicles; rust, mold, mildew, or vermin; undercarriage or interior damage or missing catalytic converters or interior components; losses resulting from acts or omissions of the Buyer, consignee, or other interested party, including improper declaration, packing, securing, marking, or addressing; failure to comply with these Terms; Acts of God, weather, mechanical or equipment failures, or acts of public authorities; acts or omissions of persons other than I.V. Auto; compliance with Buyer delivery instructions; loss of data on storage media or of photographic images; theft of personal or financial information; or release of shipments to persons reasonably believed to be authorized recipients. Any liability is further limited as set out under “Limitations of Liability.”
Liability for Charges & Indemnification
The Buyer and consignee are jointly and severally liable for all charges payable on account of a shipment, including sums advanced by I.V. Auto. They are also jointly and severally liable to pay for, and to indemnify and hold I.V. Auto harmless from, all claims, fines, penalties, damages, costs, and other sums incurred due to violations of these Terms, other defaults relating to a shipment, or negligent acts or omissions by the Buyer or consignee.
Liens on Shipments
I.V. Auto holds a lien on shipments for all sums due, including past-due charges. In the event of non-payment, I.V. Auto may hold the shipment; the cargo may be stored and/or sold at public or private sale with notice to the Buyer or consignee. Proceeds may be applied to all sums due, including storage, demurrage, and detention charges, with the Buyer or consignee remaining liable for any deficiency. Storage and related fees become delinquent after 30 days and cargo may be sold at a lien sale pursuant to applicable law, including in foreign jurisdictions. If services are unpaid, I.V. Auto may, at its option, have cargo returned to the nearest warehouse and sell the vehicle at a lien sale under applicable law, recovering shipping (including return), storage, demurrage, detention, inspections, duties, taxes, administrative fees, and other costs and out-of-pocket expenses.
Limitations of Liability
For ground shipments, I.V. Auto’s liability for loss or damage is limited to the lesser of the Buyer’s declared value, the actual fair market value, or $500. For ocean shipments, carriage is subject to the Carriage of Goods by Sea and other applicable maritime laws; I.V. Auto’s liability is limited to the lesser of the declared value, the actual fair market value, or $500. The Buyer must obtain insurance on the cargo. Any declared value in excess of these limits is null and void, and acceptance of a shipment with a higher declared value does not waive these limits. I.V. Auto is not liable for special, incidental, or consequential damages, including loss of value or lost profits, and no claim may be based on a reduction in value inherent to a vehicle requiring repairs following shipment.
Notice & Disposal of Property
If the final destination is an intermediary facility, I.V. Auto or the Carrier will notify the Buyer upon arrival. If a shipment is unclaimed or delivery cannot be completed, I.V. Auto will notify the Buyer and consignee by telephone, email, or mail using the addresses on the bill of lading. Upon written instructions from the Buyer, I.V. Auto will return, forward, re-consign, or otherwise dispose of the shipment at the Buyer’s expense. If no instructions are received within 30 days of notice of arrival, I.V. Auto may dispose of the shipment at public or private sale in accordance with applicable law. Import shipments held at government warehouses will be recovered only when all costs have been paid in advance.
Proof of Delivery & Storage
Upon request, I.V. Auto will provide a copy of the bill of lading or other shipping document signed by the consignee or agent as proof of delivery, if available. When the Buyer selects the destination, the Buyer is solely responsible for confirming that the facility or port will accept the vehicle in its condition and has capacity for the shipment; the Buyer waives claims against I.V. Auto if a facility or port refuses delivery. The Buyer is responsible for all storage charges at marshaling yards, storage lots, ports, or other non-I.V. Auto locations. Shipments rejected at a port or delivery address will be held without charge for three business days (excluding weekends and federal holidays) at a local I.V. Auto yard; the Buyer must arrange new transportation. After that period, storage charges may be imposed at the prevailing local rate. Risk of loss remains with the Buyer at all times, even if the shipment is returned to an I.V. Auto facility.
Bill of Lading
Unless otherwise agreed, all ground shipping performed by I.V. Auto is subject to I.V. Auto’s current bill of lading and the terms on its reverse side. For ground shipments where the Buyer uses a different bill of lading, the carrier driver’s signature is the sole acknowledgment of delivery; such documents are not contracts of carriage and do not bind I.V. Auto. Continued use of unauthorized bills of lading does not constitute acceptance by I.V. Auto. Unless otherwise agreed, ocean carriage services are also subject to I.V. Auto’s current bill of lading and its reverse-side terms; where the Buyer issues a different ocean bill of lading, the carrier’s signature is the sole acknowledgment of delivery, and I.V. Auto is not bound. Upon request, I.V. Auto will provide a copy of the bill of lading or other non-negotiable shipping document on which the shipment was tendered. Shipment dimensions must be entered accurately by the Buyer; if omitted or inaccurate, I.V. Auto may measure and apply oversize surcharges.
Ocean Shipments
The Buyer authorizes I.V. Auto, in the Buyer’s name and on the Buyer’s behalf, to prepare export documents, sign and accept documents related to shipment, and forward the shipment in accordance with applicable bills of lading, conditions of carriage, and carrier tariffs. The Buyer guarantees payment of collect charges if the consignee refuses. I.V. Auto’s responsibility is limited to using reasonable care in selecting carriers, forwarders, agents, and others entrusted with the shipment.
Customs Clearance
By using I.V. Auto Transport, the Buyer appoints I.V. Auto and its customs agent as the Buyer’s agent for customs clearance and certifies the customs agent as the nominal consignee for the purpose of designating a customs broker, unless a broker is specified on the face of the bill of lading. Local authorities may require additional documentation; the Buyer is responsible for providing it. The Buyer is responsible for compliance with all laws and regulations applicable to import, export, and re-export and must furnish the information and documents necessary for compliance. I.V. Auto assumes no liability for losses or expenses arising from the Buyer’s failure to comply. The Buyer is responsible for all transportation charges, duties, customs assessments, governmental penalties and fines, taxes, and I.V. Auto’s legal fees and costs related to the
Export Control
The Buyer authorizes I.V. Auto to act as forwarding agent for export control and customs purposes and certifies that all statements and information in the bill of lading and accompanying export documents are true and correct. Civil and criminal penalties, including forfeiture and sale, may be imposed for false statements or violations of export laws in the United States or other countries.
Damage or Losses During Transport
Damage during loading, unloading, and transport is the responsibility of the Carrier. All claims for in-transit damage must follow the Damage Resolution Assistance process described below. The Buyer should sign the Carrier’s bill of lading and clearly note any damage claims at delivery. Signing without noting damage is evidence of satisfactory delivery. If title is not received at delivery, the Buyer must notify I.V. Auto within one week; I.V. Auto may, in its discretion, assist with obtaining a duplicate title and may charge fees.
I.V. Auto Damage Resolution Assistance
If a vehicle arrives in a condition that differs from I.V. Auto’s sale photos or if there is property damage at delivery, I.V. Auto will use commercially reasonable efforts to assist the Buyer in resolving a claim against the Carrier or I.V. Auto. The Buyer acknowledges the Carrier may limit its liability. I.V. Auto may, in its discretion, pay a valid claim it determines is the Carrier’s responsibility; in that case, the Buyer automatically assigns the claim to I.V. Auto. I.V. Auto may decline to pay any claim where the Buyer fails to follow the claim procedure, where the claim is unfounded, or where transportation fees were not timely paid. If I.V. Auto pays a claim, it will pay the lesser of the estimated cost of repair for damage not present prior to shipping, as reasonably demonstrated to I.V. Auto, or the value of the vehicle measured as the purchase price from I.V. Auto plus buyer fees. To initiate a claim, the Buyer must accept delivery; perform a careful visual inspection at delivery; note additional exterior damage or missing equipment on the delivery paperwork before signing; notify I.V. Auto at support@ivautoinc.com within 48 hours of delivery; and, within three business days of delivery, provide a detailed description of the additional damage, the delivery receipt noting damage, two computer-generated independent repair estimates from a service provider at the Buyer’s expense, and photographs of the damage. If the Buyer does not meet these requirements, I.V. Auto has no obligation to assist with filing a claim. The Carrier will not be responsible for damage not visible upon reasonable inspection at delivery or for damage already noted at pickup.
Additional Terms
To the fullest extent allowed by law, the Buyer will indemnify, defend, and hold harmless I.V. Auto, its parents, subsidiaries, affiliates, and their respective directors, officers, partners, shareholders, associates, employees, and agents from third-party claims, losses, expenses, fines, penalties, damages, demands, judgments, actions, causes of action, suits, and liabilities arising from the Buyer’s material breach of this Agreement or from personal injury, death, or damage to tangible property caused by the Buyer or incurred during the transport process
Each party agrees to provide prompt written notice of any suspected breach and to allow a reasonable opportunity to investigate and cure any curable matter. To bring an action against I.V. Auto, the Buyer must give notice of the claim within six months of the date it arises and must be current on all uncontested amounts owed to I.V. Auto. Notices are deemed received one business day after deposit with a nationally recognized overnight carrier, five days after deposit with the U.S. Postal Service, or the day of email transmission if sent during normal business hours. Notices to I.V. Auto should be sent to: I.V. Auto, Inc. – Transport, 6400 Laurel Canyon Blvd., Suite 301, North Hollywood, CA 91606; support@ivautoinc.com. Notices to the Buyer will be sent to the address on the applicable order.
“Confidential Information” means technical or business information disclosed by one party to the other that is marked confidential or proprietary, identified as such, or that a reasonable person would understand to be confidential. The I.V. Auto Transportation System is I.V. Auto’s Confidential Information. Confidential Information excludes information that becomes public through no breach, is already known without restriction, is rightfully received from a third party, is independently developed, or is disclosed with written consent. Each party will protect the other’s Confidential Information with at least reasonable care, will use it only to perform this Agreement, and will disclose it only to those who need to know for that purpose and are bound by confidentiality obligations. I.V. Auto may use aggregated, de-identified statistical data derived from the Buyer’s use of the I.V. Auto Transportation System. These obligations survive termination. The Buyer acknowledges a Carrier may install a tracking device in the vehicle’s OBD-II port to monitor vehicle health and location while in the Carrier’s possession; the Buyer waives claims arising from such data collection and agrees I.V. Auto is the sole owner of such data.
Failure to enforce any provision is not a waiver. Provisions that by their nature should survive termination do so. California law governs this Agreement, notwithstanding any contrary choice-of-law rules. The Buyer will first follow the Damage Resolution Assistance procedure for any dispute; if not resolved, any claim arising out of or relating to this Agreement must be submitted to binding arbitration. The parties will share arbitration costs equally; the Federal Arbitration Act applies; claims must be brought individually and not as a class; and the arbitration will be held in Los Angeles County, California, or in the county of the I.V. Auto facility that sold the vehicle involved, under the rules of the American Arbitration Association before one arbitrator. A party that refuses to arbitrate and is found bound by this clause will pay the other party’s costs and attorneys’ fees incurred to enforce this section. The arbitrator’s award is final and may be entered as judgment.
The parties are independent contractors. Nothing herein creates employment, agency, or a joint venture. The Buyer will indemnify I.V. Auto against claims by the Buyer’s workers alleging employment or agency with I.V. Auto. If any clause is invalid or unenforceable, the remainder remains effective, and the invalid clause will be interpreted to best reflect the parties’ original intent while complying with law. The Buyer may not assign this Agreement without I.V. Auto’s prior written consent. I.V. Auto is excused from delays or failures caused by events beyond its reasonable control, and performance times will be extended accordingly while the affected party works diligently to mitigate. The Buyer will comply with the U.S. Foreign Corrupt Practices Act and other applicable anti-corruption laws and will not offer improper payments or benefits. The Buyer represents it is not dealing with any person or entity on OFAC lists and will comply with anti-terrorism, anti-money-laundering, and related laws. The Buyer agrees to complete and return all required documentation to use the I.V. Auto transportation platform within 24 hours of receipt. The Buyer has no right to offset or deduct unpaid transportation or other charges due to I.V. Auto against any claims, and I.V. Auto has no obligation to act on any claim until all transportation charges are paid in full. Submission of an order constitutes conclusive assent to, and acceptance of, these Terms; by allowing the assigned Carrier to transport the vehicle, the Buyer expressly agrees to this Agreement.