By submitting this Service Agreement (hereafter “Agreement”) online, via fax or email, Customer (hereafter “you” or “your”) understands and agrees that they are hiring the services of Yellowfin Logistics LLC (hereafter “Yellowfin Logistics”), a licensed & bonded transportation brokerage (MC#1043046), to arrange the shipment of their vehicle(s) with a Contract Carrier (hereafter “Carrier”). They further have read, understand and will abide by the following terms and conditions.
1. Carrier requires you to prepare your vehicle(s) for transport by disarming any alarm systems and/or providing necessary remotes for alarm systems, removing or retracting all loose and/or protruding accessories from your vehicle(s) and removing or deactivating any Electronic Toll Tags and Parking Passes. Prior to dispatch, It your duty to inform Yellowfin Logistics of any modifications which affects the length, width, height and/or weight of your vehicle(s), as well if your vehicle(s) ground clearance is less than 4 inches. You are required to ensure that there is no more than 1/2 tank of fuel in the vehicle(s) prior to pickup. Vehicle(s) being shipped from a port must not contain more than 1/4 tank of fuel and can under no circumstances contain any luggage. All personal and detachable items must be removed from the vehicle prior to pick-up.
2. Your vehicle(s) is/are considered in operational condition and must be able to be driven onto and off of the carrier under the vehicle’s own power at all times during shipment unless clearly noted on your order as ‘In-op’ or ‘Non-operational’. Non-operational vehicles must roll, brake and steer in order to be loaded on a regular open or enclosed trailer using a winch. It is the obligation of the Customer to provide forklift on pick-up and delivery location if this condition is not met. Vehicles that are non-operational and were dispatched as operational vehicles will be subject to an additional, industry standard, Non-Operational Fee of Two Hundred and Fifty Dollars ($250.00).
3. With the exception of shipments going through a port, you can arrange to store personal belongings in the trunk/back compartment of your vehicle(s). Up to 100 lbs is free of charge, subject to pre-approval by the Carrier. Any luggage exceeding 100 lbs will incur an additional charge and will be payable to the carrier on the spot. Neither Yellowfin Logistics nor Carrier are licensed to handle the transportation of “Household Goods.” As such, any damage to or loss of any contents present in the vehicle during shipment are the sole responsibility of the Customer. Any fines levied to Carrier resulting from the presence of these items are also payable by the Customer.
4. Your total price for the transportation of your vehicle(s) is factored using numerous pieces of information including, but not limited to, the size and/or weight of the vehicle(s). Misrepresentation to Yellowfin Logistics of the vehicle(s) size and/or weight may result in additional fees and/or the cancellation of the order. Orders canceled due to misrepresentation of the vehicle(s) will forfeit any service fees that have been previously paid.
5. It is your responsibility to ensure that the vehicle(s) is/are ready to be released to the Carrier assigned to your order by the projected pickup date. It is your responsibility to verify that the name of the Carrier displayed on the truck door matches the carrier name in the Dispatch Sheet. Failure to release the vehicle(s) to the assigned Carrier on or after the first available pickup date will result in a ‘Dry Run’ Fee. Industry standard rate for a ‘Dry Run’ Fee is Two Hundred and Fifty Dollars ($250.00) at a minimum, or an amount equivalent to a Deposit paid.
6. You may request a specific pick up date, but due to the nature of the industry, you understand that such dates are ‘requests’ only and cannot be guaranteed. Yellowfin Logistics reserves the right, in its sole discretion, to refuse or cancel any order at any time. Customer understands and accepts that Yellowfin Logistics operates only as a transportation broker, is not a motor carrier or transporter, and does not hold itself out as providing the transportation of property.
7. You may change your order at any time prior to your vehicle(s) being picked up by the Carrier designated by Yellowfin Logistics. Order changes may result in additional fees. If the additional fees are not agreed upon, the order will be canceled. If you cancel your order you will be charged a Cancellation Fee in the amount of your Deposit Payment Two Hundred and Fifty Dollars ($250.00). Orders cannot be canceled or changed after the vehicle has been picked up.
8. Once a Carrier is assigned to your vehicle(s), you will be given the estimated dates of pickup (and delivery when possible) as well as the Carrier name and direct business phone number. Any dates given are the Carrier’s projections only and are given solely to assist both you and the Carrier in the general arrangement of your schedules; dates given are not guaranteed, as certain conditions can alter a Carrier’s schedule or result in the order cancelation (i.e. weather, road conditions, mechanical problems, delays at the auctions/dealerships, etc.). Yellowfin Logistics retains the right to arrange a pickup within 7 business days from the projected pickup date given on the order. You agree to hold Yellowfin Logistics harmless for any expenses incurred as the result of any delays, including, but not limited to, any storage fees, car rental fees or living accommodation expenses you incur. It is strongly recommended that you maintain reasonable contact with the Carrier and/or Yellowfin Logistics to stay up to date on any schedule changes.
9. Once the selected Carrier has been assigned, the Service Fee/Deposit charged by Yellowfin Logistics is due and payable. Any Service Fees/Deposits due to Yellowfin Logistics but not paid by the time the vehicle(s) is/are loaded onto the selected carrier will become past due. You will be granted a 24 hour grace period from the time of pick up to settle any past due amount. Amounts beyond 24 hours past due may be charged a Twenty Five Dollar ($25.00) past due fee that will be added, along with the past due amount, to the Carrier’s balance due amount and collected by the Carrier before the vehicle(s) will be released at the delivery point. Yellowfin Logistics will accept Deposits paid via Credit Card or Zelle. For Zelle payments you can send payments to ‘email@example.com’ with a Zelle username ‘Yellowfin Logistics LLC’.
10. Carrier will contact you by phone at the numbers you provided, in order to schedule an appointment for pickup and delivery of the vehicle(s). It is your responsibility to verify that all contact phone numbers given to Yellowfin Logistics and subsequently to the Carrier are correct. In the event that you are unable to meet the driver for an appointed time for pickup or delivery, you may designate an Agent on your behalf to release and/or accept the vehicle(s). You understand that if neither you nor your Agent is able to accept and/or remit proper payment for the vehicle(s) on delivery at the destination, the vehicle(s) may be stored in a facility chosen by the Carrier at your expense.
11. If the Carrier is unable to access the pickup or delivery addresses provided by you, you agree to meet the Carrier at a nearby location, in order for the Carrier to safely pick up or drop off your vehicle(s).
12. Payments for the balance due to the Carrier must be made on or before delivery of your vehicle(s), unless payment on pickup is pre-arranged. The Carrier only accepts Cash or Cashier’s Check for payments made directly to the driver upon delivery. It is your responsibility to verify the Carrier’s preferred method and/or the proper spelling of their Company’s name for such payment.
13. Should you make a special request to pay for the entire cost of your transportation up-front, using your Credit Card, you agree and understand that a 7% Processing Fee will be incurred. A signed copy of the Yellowfin Logistics contract with front and back copies of your ID must also be provided. All signatories and ID documents must match the name on the Credit Card. This payment will be processed prior to the collection of your vehicle and is subject to review and a special approval by Yellowfin Logistics’ Accounting Department. Should you fail to meet these requirements Yellowfin Logistics retains the right to cancel the service.
14. Customer will not seek to charge back a credit card or stop a check to offset any dispute for damage claims.
15. You agree and understand that when the Carrier accepts and transports your vehicle(s), they will perform a vehicle inspection and provide a report (aka “Bill of Lading”) at the origin. You should not, under any circumstances, release a vehicle to a Carrier without a vehicle inspection report. This Agreement is subject to all of the terms and conditions of the Carrier’s straight bill of lading and any liability exclusions contained in it. You and Carrier, or your Agent and Carrier, are both required to sign and verify the initial vehicle inspection report. Failure to do so could result in your inability to process a damage claim. Carrier assumes responsibility for any damage not noted on the initial vehicle inspection report from that point, and throughout the transportation period, until the vehicle(s) is/are delivered at the agreed destination. Yellowfin Logistics has no responsibility or liability for any damage to the vehicle(s) during transport or at any other time. Customer expressly understands and agrees that Yellowfin Logistics never takes custody or possession of, transports, or handles Customer’s shipment, or assumes any liability for the shipment. You and Carrier, or your Agent and Carrier, must thoroughly inspect the vehicle one final time upon delivery and both must sign the final vehicle inspection report. In the event there is damage during transport, you or your Agent must note those damages on the final vehicle inspection report, pay the remaining balance due for the shipment of the vehicle(s) that is stated on the Carrier contract and then contact the Carrier’s main office and, subsequently, their insurance company. Failure to note any damage on the final vehicle inspection report releases the Carrier of liability and could result in your inability to process a damage claim. All ocean transportation arranged by Yellowfin Logistics will also be subject to the terms and conditions of the ocean Carrier’s bill of lading, tariff, schedules, rates and rules. Ocean Carriers offer limited liability coverage for loss or damage, and Customer must inquire with the ocean Carrier about purchasing additional insurance.
16. You should not, under any circumstances, release a vehicle to a Carrier if the Carrier proposes any changes to the original terms of the contract. Should revision of an agreement be required, all parties must mutually agree in writing. A new contract must be drafted by Yellowfin Logistics and must bear your digital signature. You agree and understand that once you release your vehicle to the Carrier, Yellowfin Logistics will not be liable for any changes in terms that are not settled in writing.
17. Copies of the Carrier’s direct bill of lading may be obtained from the Carrier’s driver and/or their main office at the phone numbers provided. Upon releasing your vehicle(s) to the Carrier selected, you acknowledge your approval of the selected Carrier and accept the service from Yellowfin Logistics to be complete.
This Agreement is governed by the laws of the State of Nevada. You agree that any legal action arising out of this Agreement must be filed in a court within Clark County, Nevada and that Yellowfin Logistics’s liability is limited only to the amount of Yellowfin Logistics’s Service Fee. You hereby submit to the jurisdiction of such court and waive any right to jurisdiction in any other location. This Agreement constitutes the entire agreement between the parties and supersedes any communications or previous agreements with respect to the subject matter of this Agreement. There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein. No change can be made to this Agreement other than in writing and signed by both you and a Corporate Officer of Yellowfin Logistics.