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WeRides Inc. Terms & Conditions of Shipment
This agreement is solely between the customer, his/her duly authorized agents, (hereinafter referred to as “Customer”), and WeRides Inc of 26 Automatic Road, Brampton, Ontario L65 5N7.
Contract Terms & Liability Disclaimer
Customer Agrees as Follows:
WeRides Inc. agrees to transport Customer’s vehicle between the origin and destination (terminal/residential/commercial/industrial) locations. If the customer requires door pickup or delivery, the carrier is only able to deliver to locations that are legally able to and safe. A mutually agreed upon place to load/unload the vehicle(s) may be necessary due to low hanging trees, low hanging wires, narrow streets, construction, and/or residential area restrictions.
Carrier and driver or agents, jointly and/or separately, are authorized to operate and transport Customer’s motor vehicle between its pickup location and the destination set forth on the shipping order and Bill of Lading(s).
WeRides Inc. does not guarantee pickup and delivery dates or transit times and wait times. All dates and assertions made by WeRides Inc. are best estimates. Delays may occur prior to, and/or during transport due to weather, road conditions, mechanical problems, etc. There are no absolute guarantees regarding to pickup or delivery times/dates.
WeRides Inc./Carrier shall not be held responsible for loss or damages occasioned by delays of any kind or for any reason, car rental fees or any accommodation fees such as flight delays, funeral etc.
Any non-operational vehicle(s) that were not previously disclosed at the time of booking will be charged an additional minimum of $300.00 CAD. If a vehicle becomes non-operational during shipment, these fees, plus any additional fees required to accomplish the delivery will be added to the Customer’s account and must be paid prior to the delivery. Depending on the vehicle’s location, we may not be able to proceed with delivery if the vehicle becomes inoperable.
All oversized vehicles must be declared at the time of booking (eg. oversized tires, dually, ladder racks, lights, truck bed caps, etc). Customer must declare any after-market features that are on the vehicle and inquire as to the extra charges. Failure to do so may incur additional charges or fees.
Any vehicles with less than 6 inches of ground clearance must be declared at the time of booking. Most vehicle transport trailers and rail transport companies require at least 6 inches of ground clearance to be able to safely load/unload a vehicle without causing damage. An enclosed auto carrier option is available for vehicles with low ground clearance.
In the event the pick up or delivery address in inaccessible to our Tractor/Trailer units (i.e. weight restrictions, time of day restrictions, parking restrictions, bridge restrictions, overhead wires, low tree branches etc.) and a tow truck is required, all tow truck charges are the responsibility of the shipper and/or receiver and will be added on top of the initial transport charge.
Vehicle(s) shall be picked up within 2 hours of delivery at the assigned WeRides location. All vehicles not picked up will be subjected to an administrative charge of $75.00 plus GST or HST. A vehicle transfer fee of $200 and storage fee of $50.00 per day will be assessed in the event that a vehicle is not picked up.
Rail or Auto Carrier Insurance does not cover any personal belongings left in vehicle(s) or any non-factory items. Personal items must be removed from the vehicle before the shipment. Any Personal items left in the vehicle will be removed at the Customer’s expense.
Customer agrees that WeRides Inc. reserves the right to cancel any order for any reason at any time.
Personal items may not be left inside the vehicle unless confirmed by WeRides Inc. prior to shipping. If the Customer has been approved to have personal items inside the vehicle, Carrier and WeRides Inc. are not liable for loss or damage to said personal items, nor for damage to vehicle caused by excessive or improper storage of those items.
The following items are strictly prohibited from being in the vehicle at any time during the shipping: Guns, ammunition, flammable products, hazardous materials, explosives, narcotics, alcohol, jewelry, precious metals, furs, money, pets, plants, contraband and any item WeRides deems not suitable for transport at WeRides sole discretion. Shipper agrees that the Carrier may confiscate and/or dispose of said items with no remuneration and the appropriate Government authorities will be contacted.
All fees must be paid prior to the shipping unless otherwise authorized by WeRides Inc. Customer warrants that he/she will pay the full transportation price due to WeRides Inc. in full and will not try to offset any dispute for damage claims and/or delays etc. from freight (transport) charges. If payment cannot be made, the vehicle will be stored at the Customer's expense until full payment has been made. For clients approved for a PO, invoices must be paid within 30 days from the time the vehicle is picked up. Overdue invoices will be charged 3% per month.
At the time of door pickup/terminal drop off, Customer and Career must carefully inspect the vehicle for any pre-existing damage (exterior only) by completing a vehicle inspection report recorded on the Bill of Lading. Carrier and Customer will both acknowledge the condition of the vehicle and Customer will sign and receive a copy of the Bill of Lading.
Snow covered or excessively dirty vehicles will not be insured for scratches or dents that could be hidden at the time of shipment.
At least 10 high quality photos must be taken of the vehicle by Customer at the time of pickup/terminal drop off.
At the time of delivery, Customer and Carrier will carefully inspect the vehicle for any possible damages incurred during transit. Carrier and Customer will both acknowledge the condition of the vehicle and Customer will sign and receive a final copy of the Bill of Lading.
Damage must be noted in the proper place on the Bill of Lading/Inspection Form and signed by Customer regardless of weather conditions, time of the day/week. Signing the Bill of Lading and inspection report without notation of any damage verifies that Customer has received his/her vehicle(s) in satisfactory condition, and that WeRides Inc./Carrier and their agents are relieved of any further responsibility.
All claims must be submitted to WeRides Inc. in within 24 hours of the delivery.
WeRides Inc. will share the Carrier insurance policy details upon request.
Customer agrees that WeRides Inc. is not liable for any property damage claims to Customer’s vehicle and that his/her sole remedy is against the Carrier.
Customer agrees and understands that WeRides Inc. is a transportation and property broker and is acting solely in the capacity of a broker. Customer allows WeRides Inc. to contract with other licensed and insured Motor Carrier(s), to transport the vehicle(s) described in this shipping order. WeRides Inc. and Carrier(s) reserve the right to use multiple modes of transportation, including but not limited to truck, rail and ship.
Customer further agrees and understands that WeRides Inc. sole responsibility in the transaction between the customer and WeRides Inc. is to procure a carrier for shipment of the customer’s property. Customer understands that WeRides Inc. never takes possession of, transports, or delivers the Customer’s property without prior Customer’s consent.
Customer shall, in their absence, designate a person(s) to act as an agent(s) on their behalf at the time of the pickup and/or delivery if for any reason the Customer is unable to. The person listed at the point of origin and point of destination is an appointed agent for the purpose of approving charges, checking vehicle condition, accepting delivery, and releasing WeRides Inc. and the Carrier from any and all claims upon acceptance of the delivery.
Carrier accepts responsibility for the vehicle after pre-inspection is done and Bill of Lading is signed by the Customer. Carrier responsibility will end when the vehicle is delivered and Customer signs final Bill of Lading inspection.
For Open Trailer/Train Transport, your vehicle is insured under the Carriers Insurance (subject to a $500 deductible against any claim made) with the following exceptions:
Any events which are unavoidable or beyond the reasonable control, including but not limited to: Acts of God, Acts of the Queen's enemies, floods, hail, rockslides, snow slides, washouts, avalanches, storms, earthquakes, expropriation, re or explosion, strikes, lockouts, walkouts, industrial disputes, war, sabotage, riot, insurrection, derailment, labor shortages, power or fuel shortages.
Normal wear and tear items such as dings, chips and minor scratches.
Damage to Windshields or any other auto glass.
Damage to antennas that do not retract to within three inches of vehicle body.
Damage caused by leaking fluids, battery acids, cooling system antifreeze, industrial fallout or fallout resulting from acts of God.
When shipped by rail, vehicles 7 years old or older, CP Rail will only insure the vehicle for complete loss.
The vehicles interior, stereo, entertainment systems, navigation system.
Damage caused by freezing of cooling system and/or batteries. Protection from freezing will be furnished by and at the expense of the shipper.
Vehicle body-kits that crack or come apart during transportation.
Spare keys, service books not signed for and noted by the driver on the Bill of Lading upon pick-up.
Damage or loss of license plates and accessories.
Mechanical functions, undercarriage, exhaust assembly, mufflers, battery function, alignment, frame, suspension or tuning of engine, damage to the wheels, tires and rims (including loss thereof).
Not responsible for any damage to the underside or the bottom of vehicles with under six-inch road clearance.
Vehicles with large mirrors must have them removed before shipment. Side Mirrors, Glass or Windshields are not insured under our insurance as train vibration can cause them to crack or break.
Not be liable for roof racks and off- road floodlights.
Limitations of Liability: Shipper and its agents will not be liable for any indirect or consequential damages, including without limitation, loss of revenue or profits which are based upon, arose out of or are connected with the contract or anything done or maintained hereunder of anything not done or maintained as required hereunder, even if such damages were foreseeable. Insurance does not cover rental vehicles while being repaired or delayed.
Vehicle(s) is/are shipped by Canadian rail companies as well as independent auto carriers. Insurance is provided by these companies when they are involved in the shipping process. Vehicle(s) is/are only insured while on railcars, or inside an Auto Carrier. It is the Customer’s responsibility to insure their vehicle(s) while on the ground waiting to be shipped, picked up or unloaded. a. For residential/commercial pickups or deliveries, a fully insured Driving Service may be used to drive the vehicle(s) to/from the terminals.
Customer is responsible for preparing the vehicle to be shipped:
All loose parts, fragile accessories, low hanging spoilers, etc. must be removed or secured. Any part of the vehicle that falls off during transport is Customer’s responsibility including damages caused by said part to any vehicle(s) and/or person involved.
Customer shall remove all non-permanent, outside mounted luggage and other racks prior to shipment.
Vehicle must be in good running condition (unless otherwise noted).
The vehicle’s interior must be reasonably clean and free of garbage.
At least 1⁄4 tank but recommended to have no more than 1⁄2 a tank of fuel.
Vehicle must have correct levels of antifreeze, oil and other fluids and must not be leaking.
All vehicles must have a working foot brake and parking brake/e brake (unless otherwise noted).
Customer must disarm any alarm system installed in the vehicle or provide proper instructions for this matter. In the event said alarm sounds and there are no keys or instructions to turn it off , Carrier may silence alarm by any means.
If there are special instructions for operating the vehicle, please attach the instructions to the dash of the car where they are clearly visible and send WeRides Inc. an email copy.
The parties hereto agree that all actions or proceedings arising in connection with this agreement shall be tried and litigated exclusively in the Provincial courts located in Toronto, in the province of Ontario. This choice of venue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this section. Each party waives any right it may have to assert the doctrine of forum non- convenience or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section. By action of this provision, the parties agree to submit to the personal jurisdiction of the aforementioned court.
Customer shall defend, indemnify, and hold harmless WeRides Inc. from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, imposed by a court of law or by administrative action of any federal state or local agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct or WeRides Inc., or the Carrier, its personnel, employees, agents or contractors in connection with or arising out of WeRides Inc. or the Carrier’s actions. indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, attorney’s fees, and related costs or expenses, and any reimbursements to WeRides Inc. for all legal expenses and costs incurred by it.
Neither party may assign, directly or indirectly, all or parts of its rights and obligations under this Agreement without prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.
This supersedes all prior written or oral representation of WeRides Inc. and constitutes the entire agreement between Customer and WeRides Inc. and may not be changed except in writing signed by an officer of WeRides Inc. Customer warrants that he/she has read this agreement in its entirety and by continuing with the transaction, fully understands and agrees to its terms. Further, Customer waives any claims or defenses based in whole or in part on not reading, knowing, or understanding these terms and conditions and agrees to indemnify and hold harmless WeRides Inc. for any fees or costs, including attorney’s fees and costs, arising out of any claims or defenses asserted based upon not reading, having knowledge of or understanding these terms and conditions.
Vehicle(s) is/are shipped by Canadian rail companies as well as independent auto carriers. Insurance is provided by these companies when they are involved in the shipping process. Vehicle(s) is/are only insured while on railcars or inside an Auto Carrier. It is the Customer’s responsibility to insure vehicle(s) while on the ground waiting to be shipped, and once it/they arrive(s) and is/are unloaded. All vehicle(s) must be insured either independently or through a garage policy before shipment. If damages occur WeRides Inc. will act on Customer’s behalf to settle all claims with the rail companies or Auto Carriers. If we are unable to file or settle a claim, the Customer is to file a claim via their own insurance company.
Only items noted at pick up or delivery will be accepted for a claim, and no further claims can be made other than what was reported at this time. All claims must be submitted to WeRides Inc. in writing within 24 hours of receiving the vehicle.
Insurance is not liable for damages to any individual vehicle(s) which exceeds the lesser of actual vehicle repairs or the depreciated average wholesale value of the vehicle(s) based on the "Canadian Black Book" value of the vehicle(s) at the time and place of shipping. Insurance does not cover rental vehicles while being repaired or delayed. All claims have a $500 deductible. Vehicles 7 years old or older, to be insured by the Customer’s Insurance for the entire duration of the shipment. Items not covered by our insurance are, environmental pollution, bird droppings, acid rain, diesel exhaust, soot, mechanical defects, broken or loose parts caused by train vibration, exhaust systems, radio antennas, glass, week or defective parts, and any part of the undercarriage.
All Vehicles are subject to random searches by police. Shipper and its agents are not responsible for any vehicle(s) condition after being searched.
In the event that the operation of any portion of this Agreement results in a violation of any law, the parties agree that such portion shall be severable and that the remaining provision of this Agreement shall continue in full force and effect.
All questions concerning the construction, interpretation, validity and enforceability of this Agreement, whether in a court of law or in arbitration, shall be governed by and construed and enforced in accordance with the laws of the province of Ontario without giving effect to any choice of conflict of law provision or rule that would cause the laws of any other jurisdiction to apply.
The parties agree that the Courts of Ontario shall have exclusive jurisdiction to any questions, issues or disputes arising out of the performance (or non-performance as the case may be) of either of both of the Parties of this Agreement. Notwithstanding the foregoing, the Parties may mutually agree in writing to submit any such disagreement or dispute to binding arbitration.
In the event of a dispute arising out of this Agreement, including but not limited to Federal, or Provincial statutory claims, the Party’s sole recourse shall be to arbitration. Proceedings shall be conducted under the rules of the ADR Institute of Ontario (ADR). Upon agreement of the Parties, arbitration proceedings may be conducted outside of the administrative control of the ADR. The decision of the arbitrators shall be binding and final and the award of the arbitrator may be entered as judgment in any court of competent jurisdiction. The prevailing party shall be entitled to recovery costs, expenses and reasonable attorney fees as well as those incurred in any action for injunctive relief, or in the event further legal action is taken to enforce the award of the arbitrators.
This Agreement may not be assigned or transferred in whole or in part without prior written consent of WeRides.
Customer agrees that, with respect to each and every obligation and covenant contained in this Agreement, time is of the essence. Failure to act within the time required constitutes a breach of the Agreement.
This Agreement may not be amended, except by mutual written agreement signed by both Parties.
This Agreement including the Appendix hereto constitutes the entire agreement of the Parties with reference to the subject matter herein, and may not be changed, waived, or modified except in writing signed by both Parties.
Cancellation & Refund Policy
You have 24 hours from the time of ordering your vehicle shipment to cancel the booking to receive a full refund, as long as your vehicle shipment is more than 7 days from your date of booking. This can be accomplished through our website, by simply going to your account and completing the Shipment Cancellation Form.
After 24 hours or if your vehicle shipment date is within 7 days of your booking, WeRides does not refund vehicle shipments.
No credit or refunds will be given for no shows or cancellations made past cut-off times.
WeRides recognizes that, on occasion, you may have to change the details of your vehicle shipment. You can make changes prior to 7 days of the shipment date.
Refunds will be processed within 48 business hours of the cancellation request.
If a Customer cancels an order after a credit card payment has been processed, a $25 fee may be assigned.
In the event that WeRides is unable to provide the shipment service requested, WeRides will refund 100% of the shipment cost paid by the customer.