Terms and Conditions

Nexus Auto Transport

1. ACCEPTING THESE TERMS

This document makes up our Terms and Conditions (“Terms” or “Agreement”). The Terms are a legally binding contract between you (“you”, or the “Client”) and Nexus AT, LLC, an Illinois limited liability company (“Nexus Auto Transport”). This contract sets out your rights and responsibilities when you use https://nexusautotransport.com and when you use Nexus Auto Transport’s Services (defined below). Please read these Terms carefully.

2. CHANGES

Nexus Auto Transport may amend the Terms at any time by providing you with a revised version. The revised version will be effective at the time you receive the revised version.

3. SERVICES

Nexus Auto Transport will identify a third-party transport car carrier (“Carrier”) who is willing to transport your vehicle (“Vehicle”) in accordance with your order (“Nexus’s Broker Services”). Nexus’s Broker Services are considered rendered when Nexus Auto Transport has dispatched a Carrier to transport your Vehicle. In providing Nexus’s Broker Services, Nexus Auto Transport is acting solely in the capacity of a vehicle transport broker to connect you with a Carrier who is willing to transport your Vehicle. Nexus Auto Transport’s involvement is limited strictly to the role of a broker between services sought by the Client and fulfilled by the Carrier. Nothing in this Agreement shall be construed to mean Nexus Auto Transport is subcontracting work to the Carrier. Nexus Auto Transport is not responsible for moving any vehicle nor will Nexus Auto Transport take possession of any vehicle.

Carrier shall be the party responsible for the moving transportation of your vehicle (“Carrier’s Services”). Carrier is solely responsible for controlling the method, manner, and means of accomplishing the performance of Carrier’s Services. Carrier and its Drivers are responsible for performing Carrier’s Services in a timely manner without damage in transit, as well as determining the appropriate route for transportation. “Driver” means, collectively, the employees of Carrier, any contractors of Carrier (including owner-operators under contract with Carrier and any employees of any such owner-operator) and any other service provider or other personnel of Carrier, in each case, who is assigned to operate any motor vehicle transporting any vehicle on behalf of Carrier.

In the performance of Carrier’s Services, Carrier will be solely responsible for the acts and omissions of each of its employees, agents, representatives, contractors (including independent contractors and subcontractors) and any other service providers engaged by Carrier (including its Drivers, collectively, “Carrier Representatives”).

Carrier will be solely responsible for ensuring that such Carrier Representatives are fully qualified to perform Carrier’s Services hereunder.

The relationship between Nexus Auto Transport and Carrier is solely as independent business enterprises, each of which operates a separate and distinct business enterprise that provides a service outside the usual course of business of the other. Carrier assumes full responsibility for all taxes, assessments, insurance (including workers’ compensation, unemployment compensation, disability, pension, and social security insurance) and other financial obligations due to or otherwise involving Carrier Representatives (including compensation of its Drivers) arising out of Carrier’s Services. Nexus Auto Transport is not an agent of Carrier or Customer, and Carrier is not an agent of Nexus Auto Transport. This Agreement does not create a joint venture, joint enterprise or partnership between Nexus Auto Transport, the Customer, and/or Carrier.

Carrier will furnish all equipment necessary or required for the performance of Carrier’s Services (the “Equipment”).

4. PLACING AN ORDER FOR NEXUS’S BROKER SERVICES

To place an order for Nexus’s Broker Services, you must provide accurate information identifying your Vehicle that will be transported, whether the Vehicle is operable, addresses for Pickup and Delivery, preferred Pickup date, the names and contact information for responsible individuals who will be present at Pickup and Delivery, the type of transport you would like (e.g., open or enclosed carrier), and a credit/debit card number for payment. After you initially provide your order information, Nexus Auto Transport will send you an email (“Order Confirmation Email”) containing your order information and the fees you will be charged for Nexus’s Broker Services based on the information you provided. At that time, you must review and confirm your information and acceptance of the fee and this Agreement by submitting your order on the Nexus Auto Transport website as directed in the Order Confirmation Email. By submitting your order, you represent that all information you provided (as presented in the Order Confirmation Email) is complete and accurate and agree to pay the fees for Nexus’s Broker Services and the fees for transportation of your Vehicle to Carrier.

By submitting your order, you authorize Nexus to provide your contact information and all order details to prospective Carriers and represent and warrant that you are the registered legal owner of the Vehicle, or that you have been duly authorized by the legal owner of the Vehicle to enter into this Agreement and acquire services to transport the Vehicle.

5. FEES

Nexus Auto Transport reserves the right to charge a non-refundable booking fee up to seventy-five dollars ($75.00) when Client places an order for Nexus’s Broker Services. You agree to pay in full the fees for Nexus’s Broker Services and any additional charges that may be incurred in accordance with this Agreement. The fees for Nexus’s Broker Services will be set forth in the Order Confirmation Email and on the Nexus Auto Transport website before you submit your order. The total fee is due in two installments, the first due when Nexus Auto Transport designates a Carrier to transport your Vehicle (the “Initial Payment”) and the balance due when your Vehicle is delivered (the “Remaining Balance”).

The Initial Payment must be paid by credit/debit card. By submitting an order (which must include your credit/debit card information), you authorize Nexus Transport Auto to immediately conduct a $1 authorization to validate the card and then to charge the Initial Payment to the card when it becomes due.

The Remaining Balance and any additional charges incurred in accordance with this Agreement must be paid in full by credit/debit card, cash, or certified check, directly to the Carrier upon delivery of your Vehicle. Failure to remit the Remaining Balance when due may result in storage of the Vehicle at your expense until the balance is paid in full.

All amounts due must be paid in full when due and the fees are not subject to dispute or offset for any damages or any other reason (including, without limitation, because you are not satisfied with the Services). Once paid, charges are non-refundable.

In addition, if you fail to make any payment when due or we receive a chargeback for your payment (whether due to a dispute of the charge or any other reason), then you must pay Nexus Auto Transport the outstanding amount owed plus reimbursement for all reasonable costs incurred in collecting any overdue payment or chargeback and related interest, including, without limitation, attorneys’ fees, legal costs, court costs, and collection agency fees. All late payments and chargebacks will be charged interest, calculated from the date the payment was originally due, at a rate that is the lesser of: (a) 1.5% per month and (b) the highest rate permissible under applicable law.

6. DISPATCH OF CARRIER

You will be notified by email (at the email address provided on your order form) when a Carrier has been dispatched to transport your Vehicle. The dispatch email (Dispatch Notification Email) will include information about the Carrier as well as estimated Pickup and Delivery dates.

7. PREPARATION OF VEHICLE FOR TRANSPORT

You shall take the following steps prior to the designated Pickup time to prepare your Vehicle for transport:

a) Remove and secure all loose parts, fragile accessories and low hanging spoilers, etc.;

b) Remove all non-permanent, outside mounted luggage and other racks;

c) Remove or deactivate any toll pass transponders or other sensors that may get charged to your account. Note that 100% of any toll charges incurred by the Client are the responsibility of the Client;

d) Ensure your Vehicle is in good working condition (unless previously noted on your order) and with between 1/4 and 1/2 tank of fuel;

e) Disarm any alarm system or provide Carrier with keys and instructions for arming/disarming any alarm system; and

f) Remove all personal belongings and sensitive materials and do not store any dangerous or illegal items inside the Vehicle (including, but not limited to, explosives, guns, ammunition, fireworks, flammable materials, alcohol, legal or illegal drugs, money, legal or financial documents, pets, plants, and any other personal belongings, sensitive materials, or unlawful contraband).

Failure to take these steps will result in you being liable for damages caused to your Vehicle, the transport vehicle, or other property. Neither Carrier nor Nexus Transport Auto will be liable for any damages or loss caused to your Vehicle or any other property that is caused in part by your failure to reasonably comply with this Agreement. Any items left in your Vehicle shall be at your own risk.

8. TRANSPORT OF VEHICLE

By submitting an order, you authorize the dispatched Carrier to operate and transport your Vehicle between the Pickup and Delivery location and take such steps the Carrier deems necessary to complete such transportation, including driving the Vehicle. Either Nexus Auto Transport or the Carrier will contact you prior to Pickup or Delivery to inform you of the approximate time and location of such Pickup or Delivery. The Carrier will attempt to make the actual Pickup and Delivery location as close to the address requested as possible, taking various factors into account, including, without limitation, transportation restriction laws and safety. These factors may require you and the Carrier to designate an alternative Pickup/Delivery location other than the one you originally requested. If you are unable to be at the designated Pickup/Delivery location at the designated time, you must designate with the Carrier another individual (who must be at least 18 years old) to act as your agent for purposes of the Pickup/Delivery. You are solely responsible for the acts and omissions of your designee/agent.

You and/or your designee/agent and your Vehicle must be present at the Pickup location at the designated time or you risk cancellation of your order and incurring the cancellation fee.

If you or your designee/agent are not at the Delivery location at the designated time, your Vehicle may be stored and/or the delivery delayed, each at your sole expense.

Pickup. The Carrier will arrive at the designated location and load your Vehicle onto the Carrier’s transport vehicle (“Pickup”). At the time of Vehicle Pickup, prior to Carrier taking possession of the Vehicle, you and Carrier shall conduct a full inspection of the Vehicle for existing exterior damage. The results of this inspection shall be recorded on the inspection report on the Bill of Lading. You and Carrier shall acknowledge the existing condition of the Vehicle by signing the Bill of Lading. YOU ARE RESPONSIBLE FOR OBTAINING AND RETAINING A COPY OF THE ORIGINAL BILL OF LADING FOR YOUR RECORDS. If the Vehicle is found inoperable, contains any additional items inside or outside that are not part of your stock vehicle or is not as described in the order (e.g. oversized), you may be subject to additional charges by the Carrier which will be payable upon Delivery.

Delivery. At the time of Vehicle is dropped off at the delivery location (“Delivery”), you and Carrier shall conduct a full inspection of the Vehicle for any exterior damage that may have been caused during transport. The results of this inspection shall be recorded on the inspection report on the Bill of Lading. You must notate any new damage to the Vehicle (as compared to the condition of the Vehicle at the time of Pickup) on the Bill of Lading inspection report. You and Carrier shall acknowledge the condition of the Vehicle by signing the Bill of Lading. YOU ARE RESPONSIBLE FOR OBTAINING AND RETAINING A COPY OF THE ORIGINAL BILL OF LADING FOR YOUR RECORDS. BY SIGNING THE BILL OF LADING WITHOUT NOTATION OF DAMAGE, YOU ACKNOWLEDGE THAT YOU RECEIVED YOUR VEHICLE IN SATISFACTORY CONDITION AND WITHOUT DAMAGE AND THEREBY RELEASE NEXUS AUTO TRANSPORT AND CARRIER OF ANY CLAIMS OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR VEHICLE.

Carrier’s responsibility for the Vehicle commences only when the Bill of Lading is signed by you and Carrier at Pickup and terminates when you sign the Bill of Lading at delivery or otherwise take delivery of the Vehicle.

Transportation services are subject to delays caused by numerous factors prior to or during transport of your Vehicle, many of which are out of the control of Nexus Auto Transport and the Carrier, including, without limitation, road conditions, weather, and mechanical issues. Therefore, neither Nexus Auto Transport nor Carrier guarantee Pickup/Delivery dates, times, or locations. Any estimate of Pickup/Delivery date, time, or location that is provided to you by Nexus Auto Transport or Carrier is approximate and subject to change.

9. DISCLAIMER OF WARRANTY

YOUR USE OF NEXUS’S BROKER SERVICES IS AT YOUR SOLE RISK. NEXUS’S BROKER SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEXUS AUTO TRANSPORT MAKES NO WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NON-INFRINGEMENT, OR AVAILABILITY. NEXUS AUTO TRANSPORT DOES NOT WARRANT THAT NEXUS’S BROKER SERVICES WILL BE AVAILABLE OR WILL MEET YOUR REQUIREMENTS.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, NEXUS AUTO TRANSPORT’S WARRANTIES AND CONDITIONS WITH RESPECT TO NEXUS’S BROKER SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

10. LIMITATION OF LIABILITY; ACKNOWLEDGEMENT OF NO CONTROL

UNDER NO CIRCUMSTANCES WILL NEXUS AUTO TRANSPORT OR ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE NEXUS’S BROKER SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF NEXUS’S BROKER SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

NEXUS AUTO TRANSPORT’S TOTAL AGGREGATE LIABILITY TO CLIENT OR ANY OTHER PERSON OR ENTITY FOR ANY AND ALL CLAIMS AND DAMAGES ARISING FROM OR OUT OF NEXUS’S BROKER SERVICES OR THIS AGREEMENT (WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY CLIENT TO NEXUS AUTO TRANSPORT FOR NEXUS’S BROKER SERVICES.

NEXUS AUTO TRANSPORT AND THE CLIENT FURTHER HEREBY ACKNOWLEDGE THAT NEXUS AUTO TRANSPORT RETAINS NO CONTROL OF ANY PART OF THE DELIVERY OF THE VEHICLE UNDER THESE TERMS; THAT NEXUS AUTO TRANSPORT HAS NO RIGHT TO ORDER THE DELIVERY STOPPED OR RESUMED FOR SAFETY REASONS OR ANY OTHER REASON, NO RIGHT TO INSPECT ITS PROGRESS OF RECEIVE REPORTS, AND NO RIGHT TO MAKE SUGGESTIONS OR RECOMMENDATIONS CONCERNING THE DELIVERY OF THE VEHICLE. FURTHERMOREE, NEXUS AUTO TRANSPORT TAKES NO ACTIVE ROLE IN ENSURING SAFETY IN RELATION TO THE DELIVERY OF THE VEHICLE, AND NEXUS AUTO TRANSPORT DOES NOT COMPLETE ANY INSPECTION OF THE VEHICLE CARRIER USES TO COMPLETE CARRIER’S SERVICES.

11. INDEMNIFICATION

Client agrees to defend, indemnify, and hold harmless Nexus Auto Transport, its affiliates, as well as its directors, officers, employees, agents and representatives (collectively, the “Indemnified Parties”), from and against all losses, liabilities, damages, claims, judgments, fines, penalties, interest, costs or expenses, including reasonable attorney’s fees, arising out of or related to the transportation of your Vehicle or the breach of this Agreement by Customer, including Indemnified Claims for or related to personal injury (including death) or property damage. Notwithstanding the foregoing, Client’s defense, indemnification and hold harmless obligations under this Section 11 will not apply to the extent that any Indemnified Claim is finally determined by a court of competent jurisdiction to have been caused by the gross negligence or willful misconduct of an Indemnified Party.

12. ORDER CHANGES AND CANCELLATION

You may change your order at any time prior to Carrier taking control of your Vehicle. 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 before a Carrier has been dispatched to transport your Vehicle, you will be charged a dispatch fee of $25. If you cancel your order after a Carrier has been dispatched to transport your Vehicle, you will be charged a cancellation fee in the amount of your Initial Payment, as Nexus’s Broker Services have been rendered. Orders cannot be canceled or changed after Carrier has taken control of your Vehicle.

13. GOVERNING LAW

These Terms shall be construed in accordance with the laws of the state of Illinois, without reference to its conflict of law provisions, and the obligations, rights and remedies of the Parties hereunder shall be determined in accordance with such laws.

14. ARBITRATION CLAUSE

All disputes and differences of any kind arising under this Agreement, arising between Client and Nexus Auto Transport including the existence or continued existence of this Agreement and the arbitrability of a particular issue which cannot be settled amicably by Client and Nexus Auto Transport, shall be submitted to arbitration. The arbitration shall be conducted in Chicago, Illinois, and shall finally be settled in accordance with the Rules of Arbitration of the of the American Arbitration Association by one arbitrator appointed in accordance with the consumer rules. The arbitrator shall not be allowed to apportion fees according to the ruling and may not award attorney’s fees to the prevailing party. The decision of the arbitrator shall be final and binding upon Client and Nexus Auto Transport and may be enforced in any court in Cook County, Illinois, and no party shall seek redress against the other in any court or tribunal except solely for the purpose of obtaining execution of the arbitral award or of obtaining a judgment consistent with the award.

15. COST OF ARBITRATION

Client and Nexus Auto Transport shall bear their own expenses in connection with any arbitration related to this Agreement. All fees and expenses of the arbitrator and court reporter and report, if any, shall be borne and paid in full and shared equally by Client and Nexus Auto Transport. In the event that an arbitration hearing is canceled resulting in a cancellation fee, the party initiating the request or causing the cancellation shall bear the full cost of the cancellation fee, unless Client and Nexus Auto Transport agree otherwise.

16. ENTIRE AGREEMENT

These Terms contain the entire agreement and understanding among the parties hereto with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

17. NO AGENCY

Carrier shall be deemed not to be an independent contractor, agent, joint venturer or representative of Nexus Auto Transport, and Carrier may not create any obligations or responsibilities on behalf of or in the name of Nexus Auto Transport. Client shall be deemed not to be an independent contractor, agent, joint venturer or representative of Nexus Auto Transport, and Client may not create any obligations or responsibilities on behalf of or in the name of Nexus Auto Transport.

18. NO ASSIGNMENT

You may not sell, transfer, assign, pledge or hypothecate your rights, interests, or obligations under these Terms.

19. CONSTRUCTION

Client and Nexus Auto Transport acknowledge that they have participated fully in the review and revision of these Terms and have had the opportunity to seek the advice of legal counsel. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.

20. SEVERABILITY

If any provision of this Agreement shall for any reason be held illegal or unenforceable, such provision shall be deemed separable from the remaining provisions of this Agreement and shall in no way affect or impair the validity or enforceability of the remaining provisions of this Agreement.

21. WAIVERS

No delay or omission on the part of Nexus Auto Transport in requiring performance by you or in exercising any right hereunder shall operate as a waiver of any provision hereof or of any right or rights hereunder; and the waiver, omission or delay in requiring performance or exercising any right hereunder on any one occasion shall not be construed as a bar to or waiver of such performance or right, or of any right or remedy under this Agreement, on any future occasion. A waiver must be in writing, executed by Nexus Auto Transport, in order to be enforceable.

22. SECTION HEADINGS

Section headings are for descriptive purposes only and shall not control or alter the meaning of these Terms.

23. NO REPRESENTATION

You represent that you have carefully read and understand the scope and effect of the provisions of these Terms. Neither you nor Nexus Auto Transport has relied upon any representations or statements made by the other party which are not specifically set forth in these Terms.

24. SURVIVAL OF CERTAIN PROVISIONS

The warranties and the indemnification obligations set forth in the Agreement shall survive the termination of the Agreement by either Nexus Auto Transport or Customer for any reason.