CARS & BIDS SHIPPING POLICY

Cars and Bids Shipping is fulfilled in its entirety by Preowned Auto Logistics Inc (“PAL”).  By placing an order, you are contracting with PAL under PAL’s Shipping Terms & Conditions (“PAL’s Terms”), the sole contract governing your shipment.  Cars and Bids, LLC (“C&B”) is not a party to PAL’s Terms.

PAL’s Terms are viewable on PAL’s website and are pasted below in their entirety for convenience.  Please note that:

• PAL is solely responsible for shipment & fulfillment .  As between you and C&B, our Terms of Use  (“ TOU ”) remain the sole agreement governing our relationship when it comes to C&B’s Services (as defined in the TOU).  For clarity, our Services do not include the shipping/fulfillment services provided by PAL under PAL’s Terms – those are the sole responsibility of PAL and C&B hereby disclaims any and all liability or responsibility arising from PAL’s services.
• The Seller of your vehicle is not a party to PAL’s Terms . The rights and responsibilities of the Customer (as defined in PAL’s Terms) fall entirely on you, as the party engaging PAL. Neither PAL nor C&B is responsible or liable for any burdens that PAL’s Terms place on you, the Customer.

See our FAQs  for more details on the process of ordering through Cars and Bids Shipping. All inquiries, requests or disputes related to orders placed through Cars and Bids Shipping are subject to PAL’s Terms and must be directed to PAL’s dedicated support channel for Cars and Bids Shipping at [email protected] .

PAL’S SHIPPING TERMS & CONDITIONS

These Shipping Terms & Conditions (these “ Terms ”) are an agreement between you (as the “ Customer ” defined below) and Preowned Auto Logistics Inc., a Massachusetts corporation, for transportation of your vehicle by a Carrier (as defined below) between the points of origin and destination you designate (the “ Services ”).  Section 12 of these Terms requires arbitration of disputes between you and PAL, which waives your right to a jury trial or to seek relief on a class basis.  

Orders placed on your behalf:   If your Order (as defined below) is submitted on your behalf by a third party, you are the Customer, not that third party.  Contact us promptly if any Order details we receive on your behalf are incorrect.  Read these Terms carefully, as only you are responsible for all Customer obligations and only you can exercise your Customer rights.

1. Definitions

1. “Bill of Lading”  means a document provided by the Carrier to the Customer at delivery documenting the details of the Shipment and its condition, Point of Origin, Destination and other details regarding the Order.  A Bill of Lading can serve as a receipt or a contract between the Carrier and Customer.
2. “Carrier”  means a motor carrier of property, as defined at 49 U.S.C.  §13102(14), duly licensed by State and/or Federal Department of Transportation, or a carrier of goods by sea pursuant to 46 U.S.C.  § 30701.
3. “Carrier Form”  means a receipt, inspection report, Bill of Lading, shipping order or similar document provided by the Carrier at Point of Origin and/or Destination.
4. “Customer”  means the individual, company or other entity, including its agents and representatives, ordering the transportation of Shipment.
5. “Customer’s Agent”  means an individual over the age of 18 designated by Customer to act on Customer’s behalf or as an agent, if any.
6. “Destination”  means the Shipment drop off location designated by the Customer or as later modified by mutual agreement between PAL and Customer prior to delivery.
7. “Inoperable”  means a state or condition in which a Shipment cannot function or be driven for any reason including but not limited to its parts having been removed, altered, damaged or deteriorated such parts including but not limited to engine, transmission, wheels, steering mechanism, brakes, tires, etc.
8. “Order”  means Customer’s request for PAL to arrange for the transportation of Customer’s Shipment, including any such requests made on a Customer’s behalf by a third party.
9. “Order Confirmation”  means any written confirmation from PAL to the Customer confirming the Customer’s Order and other details including but not limited to description of Shipment, Point of Origin, Destination, dates and quoted rate.
10. “PAL”  means Preowned Auto Logistics Inc, its affiliates and subsidiaries.  PAL is a transportation broker as defined at 49 U.S.C.  § 13102(2), arranging for the transportation of freight through third party Carriers and is duly licensed by the Department of Transportation (DOT) as #1056402, and is registered with the Federal Motor Carrier Safety Administration (FMCSA) as MC-442478, and/or other government agencies as may be required by law.  For purposes of these Terms, PAL is not a Carrier.
11. “Point of Origin”  means the Shipment pick up location designated by Customer or as later modified by mutual agreement between PAL and Customer prior to transport.
12. “Shipment”  means the Customer’s property — an automobile or motorized vehicle — arranged for transportation under these Terms.
13. “Reseller " means any third party that accepts Orders for PAL's services through such third party's website or other platform

2. Services

1. Upon Customer’s request, PAL will arrange for the transportation of Customer’s Shipment by Carriers subject to these Terms.  PAL reserves the right, in its sole discretion, to refuse or cancel any Order at any time.
2. Customer expressly understands and that the Carrier is solely responsible for Customer’s Shipment, and agrees that PAL never takes custody or possession of, transports, or handles Customer’s Shipment, or assumes any liability for the Shipment.
3. PAL will provide Customer with an estimated pickup and estimated delivery date, however, delays may occur prior to, and/or during transport due to weather or road conditions, government regulations, mechanical problems, and other causes that are beyond PAL’s control. PAL cannot and does not guarantee delivery dates or times.   PAL will notify Customer when a Shipment is picked up from the Point of Origin.  Customer understands and accepts that PAL is not responsible or liable for any losses or expenses caused by delays of any kind or for any reason.

3. Customer’s Responsibilities

1. As between PAL and Customer, Customer is solely responsible for the following aspects of Shipment and Order:

1. Accuracy .  The accuracy of Order details, including the description of the Shipment (year, make, model, body style, trim, etc.), Point of Origin, Destination, fees, special instructions, whether in the Order Confirmation or, as applicable, on the Carrier’s Form, Bill of Lading, or other required documents and any other information provided to PAL on Customer’s behalf by a Reseller.  
2. Condition .  The Shipment’s condition at the time of booking and prior to the pickup date.  
3. Shipment preparation .   Shipment must be tendered to Carrier in operable condition with no more than a quarter tank of fuel, without loose parts, fragile accessories, low hanging spoilers and frame-mounted racks.  
4. Prohibited Items .  Shipment must not contain or attach any explosives, guns, ammunition, weapons, flammable products, pets, plants, drugs, alcoholic beverages, and or any illegal goods.  

2. PAL and/or the Carrier may refuse a Shipment or charge additional fees to Customer to the extent any of the foregoing is inaccurate, creates delays in Shipment or otherwise affects the ability to provide Shipment to Customer in the cost and manner contemplated by the Order Confirmation.

4. Customer Warranties

1. Customer warrants that Customer will comply with all applicable laws, rules, and regulations including but not limited to customs laws, import and export laws and governmental regulation of any country to, from, through or over which the Shipment may be carried.  Customer agrees to furnish such information and documents as are necessary to comply with applicable laws, rules and regulations.  PAL assumes no liability to Customer or to any other person for any loss or expense due to Customer’s failure to comply with this provision.  Any agent and/or entity acting on behalf of Customer also warrants that it has the right to act on behalf of Customer and the right to legally bind Customer.

5.  Pickup and Delivery of Shipment

1. Customer understands and accepts that a change to Point of Origin and/or Destination may be necessary due to municipal zoning restrictions, road conditions, road closures, low hanging trees, low hanging wires, narrow streets, residential area restrictions, etc.
2. At the time of pickup at the Point of Origin, Customer or Customer’s Agent is responsible for (1) carefully inspecting the Shipment with the Carrier for pre-existing damage, and (2) acknowledging the condition of the Shipment by a) noting any pre-existing damage on the Carrier Form or Bill of Lading, b) signing the Carrier Form or Bill of Lading, and c) requesting a copy of same from the Carrier.  Customer or Customer’s Agent is also urged to photograph the Shipment from all angles at the Point of Origin.  Customer understands that neither PAL nor Carrier has any responsibility to Customer for the accuracy or completion of the foregoing.  Customer may request these documents after pickup of the Shipment by contacting the email address in the Order Confirmation.  
3. At the time of delivery at Destination, Customer or Customer’s Agent agrees to carefully inspect the Shipment in the presence of the Carrier for possible transit damage and clearly notate any new damage as exception on the Bill of Lading.  Customer or Customer’s Agent agrees to sign and require a final copy of the Bill of Lading signed by the Carrier to serve as a final Shipment condition report, especially in case of a dispute with the Carrier.  Again, Customer or Customer’s Agent is urged to photograph the Shipment from all angles prior to signing the Bill of Lading.
4. Customer understands and accepts that Customer’s or Customer’s Agent signing of the Carrier’s Form or Bill of Lading at Destination without  any notation of any damage regardless of the lighting or weather conditions at the time of inspection, will serve as confirmation that Customer received the Shipment at destination in satisfactory condition and that PAL and the Carrier will have no further responsibility.

6. Carrier Responsibilities

1. Carrier will (i) pick up and deliver Customer’s Shipment as close to Customer’s designated Point of Origin and Destination as legally and safely possible, and (ii) transport the Shipment in a commercially reasonable manner.
2. Carrier may issue a Carrier Form, receipt or Bill of Lading at the Point of Origin and/or Destination.  Customer or Customer’s Agent agrees to read such Carrier Form carefully as it may constitute a contract of transportation as between Customer and Carrier, and Customer will contact Carrier directly with any disputes or questions regarding such documents.
3. Customer understands and agrees that Customer may also be subject to the Carrier’s terms and conditions of service, tariffs, rules or classification, copies of which must be requested by the Customer directly from the Carrier.

7. Fees and Payment

1. If Customer orders PAL’s services through a Reseller, Customer shall pay the costs of the applicable Order directly to such Reseller based on the pricing provided at the time of Order (and such Reseller will pay PAL on Customer’s behalf).  If Customer orders directly from PAL, Customer will prepay estimated Order costs, as presented by us at the time your Order details are confirmed and your prepayment is requested.  Customer agrees to pay all amounts due in full for each Order as per the terms of the Order Confirmation and these Terms without any offsets, chargebacks or reductions by Customer for any actual, pending or unfiled claims, losses, delays, or damages.  
2. If additional costs incurred by a Carrier during Shipment are attributable to Customer’s failure to meet its obligations hereunder, PAL may issue Customer a final invoice for the Services in respect of any additional amounts owed.  Any outstanding invoices for the Services will accrue an interest rate of one and a half percent (1.5%) per month and Customer will be liable to PAL for all expenses incurred by PAL, plus reasonable attorney’s fees, to collect any outstanding charges.
3. If Shipment is placed in storage due to Customer’s refusal to pay the fees or accept delivery from the Carrier for any reason, then the Shipment may be placed in storage at Customer’s expense and subject to Carrier’s lien for transportation charges until Customer pays in full the outstanding balance.  Any and all storage and redelivery charges will be the responsibility of Customer and Customer agrees that Customer will not look to PAL for reimbursement.

8. Cancellation and Refund Policy

1. Prior to PAL’s dispatch of a Carrier to pick up the Order, Customer may cancel an Order for a full refund at any time.  In general, Carriers are dispatched within forty-eight (48) hours of Order Confirmation.  
2. If the Order is canceled for any reason after a Carrier accepts the Order and has been dispatched to the Point of Origin, then Customer agrees to pay a cancellation fee as PAL’s Services have been rendered at that point.  
3. Cancellation fees are determined by PAL and are tied to lost Carrier time, among other factors.  The minimum cancellation fee is one hundred dollars ($100.00), but may be significantly higher due to rural or uncommon Points of Origin, low-traffic routes, seasonality and other factors.
4. Cancellation of an Order by Customer must be submitted in writing via email to the address on your Order Confirmation.  Cancellations made via telephone, text, chat or any other medium will not be accepted by PAL.

9. Loss, Damage or Delay Claims

1. PAL is a property transportation broker, therefore, is not and will not be liable for any cargo loss and damage claims for any reason.  
2. Excluded damages .  Without limiting the foregoing, PAL will not be responsible for the following costs and damages that may result during Shipment:

1. Auto rental fees or accruals
2. Any wear-and-tear incurred in transport, such as small scratches, scuffs, dents or abrasions.  
3. Any damage to mechanical functions, undercarriage, exhaust assembly, alignment, suspension or tuning of engine, because inspection of these items is not practical at the time of shipment.
4. Damage to mechanical functions, undercarriage, exhaust assembly, alignment, suspension or tuning of engine, because inspection of these items is not practical at the time of shipment.
5. Any damage as a result of loading or unloading disabled units.
6. Claims on leaks from units such as oil, grease, battery acid, antifreeze, etc.
7. Claims on broken windows not due to carrier negligence, such as hail, wind, storm damage, stones, any other road hazards or stress.
8. Any damage to plastic molded or covered interior such as dashboards, seats, etc., due to weather conditions.
9. Any damage to any batteries - battery failure is not considered transportation damage.
10. Any damages to vehicles caused by the following:

1. Vehicles that cannot be driven on or off Carrier’s transporter under its own power.
2. Vehicles with insufficient brakes, parking brakes or parking gear.  
3. Repossessions.

11. Any damage caused by freezing of cooling system and/or batteries.  Protection from freezing is the responsibility of the owner.
12. Any damage to tires unless noted on the Bill of Lading and signed by the driver.
13. Costs or expenses, including towing or damage charges, resulting from malfunction of the Shipment.

3. Excluded losses .  Customer understands and agrees that PAL and Carrier are not liable for any loss or damage caused by (1) Customer’s breach of these Terms or (2) any acts or omissions that are out of PAL’s or Carrier’s control including but not limited to damage caused by weather conditions including hail, storm or other acts of God, riots, strikes, political unrest, acts of terrorism, loose, worn, or broken parts of a Shipment, personal items in the Shipment.
4. Carrier Responsible .  If Customer has a claim for loss or damage to a Shipment, then Customer understands and agrees that the party liable for all such claims is the Carrier and not PAL, and it is Customer’s responsibility to file any claim directly with the Carrier who transported the Shipment.
5. Inspection .  Each Shipment must be inspected by Customer or Customer’s Agent at delivery, and all damages must be clearly noted on a Carrier Form.  
6. Claim deadline .  If Customer decides to file a claim against the Carrier, Customer must promptly report such claim to PAL, in no event later than 24 hours of the delivery , so PAL may provide the Customer with relevant documents regarding the Carrier in a commercially reasonable manner.  Otherwise, PAL cannot honor damage claims made after the completion of the Bill of Lading upon inspection at delivery.

To file a claim, download and complete our claim PDF  and email it to us at the email address provided on the PDF.  Contact us at the email address in your Order Confirmation if you have questions about the claim form or problems accessing it.

7. Value of claims .  All claims for damage must be computed at actual cost, as required under the federal Motor Carrier Act.  At least two (2) repair estimates must be presented in connection with any submission of a claim to PAL.

10. Indemnification

1.  Customer agrees to indemnify, defend and hold PAL, its Carriers and Resellers and their employees, officers and directors harmless from and against any and all losses, liabilities, damages, payments, settlements, judgments, penalties, fines, expenses (including attorneys’ fees), and costs, suits, actions and claims (whether actual, potential, threatened or pending), brought by any person or entity, including damages for injury or death of persons and/or damage to property, including real property and/or the environment, claim liability and damages, arising from the acts or omissions of Customer, its agents, employees or representatives.

11. Limitation of Liability 

1. The total cumulative liability of PAL for any and all claims and damages, whether arising from statute, contract, tort or otherwise, may not under any circumstances exceed the total fees paid by Customer to PAL.
2. EXCEPT AS OTHERWISE PROVIDED HEREIN, PAL MAKES NO WARRANTIES FOR ANY OF ITS SERVICES AND HEREBY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.
3. UNDER NO CIRCUMSTANCES WILL PAL OR ANY OF ITS RESELLERS OR CARRIERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO A SHIPMENT OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Arbitration

1. Arbitration .  Any controversy or claim arising out of these Terms or PAL’s services, including any threshold questions of arbitrability of any claim, must be filed with and settled by final and binding arbitration in accordance with the then-current arbitration procedures of JAMS.  The arbitrator’s remedial authority may be no greater than that which is available under the statutory or common law theory asserted.  Judgment upon any award rendered by the arbitrator may be entered in any court with appropriate jurisdiction.  Neither this agreement to arbitrate nor any demand for arbitration will waive or otherwise affect either party’s right to obtain any provisional remedy.  PAL and Customer understand and acknowledge that by signing this Agreement, the parties are giving up the right to a jury trial and to a trial in a court of law.
2. Governing Law and Forum .  These Terms will be construed in accordance with, and governed by, the laws of the State of Massachusetts, and, subject to Section 12(b),  the state and federal courts in Massachusetts will have the exclusive venue for any dispute arising hereunder.

13. Miscellaneous

1. Independent contractors .  PAL and Customer are independent contractors with respect to each other, and nothing herein contained will be construed to be inconsistent with such relationship or status.
2. Modifications .  PAL may update or modify these Terms from time to time, but no such changes will take effect as to an Order created prior to such modifications.
3. No assignment .  Except as expressly set forth in these Terms, Customer may not assign any rights hereunder without PAL’s prior written consent.  These Terms are binding on and inure to the benefit of the parties and their respective successors and assigns.
4. Severability .  The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provisions herein.
5. Entire agreement .  These Terms supersede all prior written or oral representations and constitute the entire agreement between Customer and PAL and may not be changed by anyone except for PAL.  Customer warrants that Customer has read these Terms in their entirety and by continuing with the transaction, fully understands and agrees to them