Terms and Conditions
- Upon Customer’s request, Xpel1 will arrange for the transportation of Customer’s Shipment by Carriers subject to these terms. Xpel1 reserves the right, in its sole discretion, to refuse or cancel any Order at any time.
- Xpel1’s services are deemed completed when a Carrier has accepted Customer’s Order.
- Xpel1 shall 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 Xpel1’s control. Xpel1 cannot and does not guarantee delivery dates or times. Customer understand and accepts that Xpel1 is not responsible or liable for any losses or expenses caused by delays of any kind or for any reason.
- As a customer of transport company Xpel1, it is your responsibility to ensure the accuracy of all details including the description of the shipment, point of origin, destination, fees, and special instructions in the order confirmation, and any other required documents. If there are any changes or corrections to the shipment, you may incur additional fees or the order may be cancelled, and you waive all claims against Xpel1 for any additional charges or cancellation.
- You must inform Xpel1 about the shipment’s size and condition at the time of booking and prior to the pick-up date. If the shipment is or becomes inoperable during transit or is modified from the original equipment manufacturer condition, oversized, or a large vehicle such as a limousine or a hearse, the carrier may charge additional fees to transport such shipment or refuse to transport the shipment altogether.
- You are responsible for preparing the shipment for transportation, including securing or removing all loose parts, fragile accessories, low hanging spoilers, and non-permanent outside mounted luggage and other racks. The shipment must be tendered to the carrier in operable condition with no more than a quarter tank of fuel. You are responsible for any damages, losses, and claims to the shipment, other vehicles, and/or persons caused by any part of the shipment that becomes loose or detached during transport.
- You must disarm any alarm system installed in the shipment or provide clear instructions for disengaging it to the carrier. If the alarm is activated during transit, and there are no keys or instructions to turn it off, the carrier may silence the alarm by any reasonable means available.
- You may leave one suitcase or one bag carrying personal property, which shall not exceed 100 pounds and must be confined to the trunk or storage area of the shipment. You must notify Xpel1 and the carrier of such personal property in the shipment at the point of origin prior to loading. The carrier has the right to reject any personal property in the shipment if transporting such personal property is unsafe or violates the law. You are advised not to leave any valuable articles in the shipment, and Xpel1 and the carrier are not liable for personal items of any kind and value left in the shipment or for damage to the shipment caused by excessive or improper loading of personal items.
- You are expressly prohibited from loading any explosives, guns, ammunition, weapons, flammable products, live pets, live plants, any contraband, drugs or narcotics, alcoholic beverages, and or any illegal goods in the shipment. If you violate this section, such prohibited items and/or the shipment may be confiscated or disposed of by law enforcement, or the carrier, and the order may be cancelled without any remuneration or compensation to you, and you will be solely responsible for any fees, fines, damages, or other liabilities arising from the violation.
- Compliance with Applicable Laws: The customer warrants that they will comply with all applicable laws, rules, and regulations, including but not limited to customs laws, import and export laws, and governmental regulations of any country to, from, through or over which the Shipment may be carried.
- Furnishing Necessary Information: The customer agrees to furnish all necessary information and documents required to comply with applicable laws, rules, and regulations.
- Liability for Non-Compliance: Xpel1 assumes no liability to the customer or any other person for any loss or expense due to the customer’s failure to comply with the above provision.
- Authorization of Customer’s Agent: Any customer’s agent or entity acting on behalf of the customer warrants that they have the right to act on behalf of the customer and the right to legally bind the customer.
By using Xpel1’s transport services, the customer agrees to these warranties and is legally bound by them.
Pickup and Delivery of Shipment
- Customer acknowledges that changes to the Point of Origin and/or Destination may be necessary due to various reasons like road conditions, road closures, zoning restrictions, etc.
- If the Carrier cannot access the Point of Origin or Destination, the Customer agrees to meet the Carrier at an alternate location for the safe pickup or drop-off of the Shipment.
- The Customer must be present at the Point of Origin and Destination for the pickup and/or delivery of the Shipment. In case the Customer is unavailable, they must designate a Customer’s Agent.
- At the Point of Origin, the Customer or Customer’s Agent will carefully inspect the Shipment with the Carrier for any pre-existing damage, acknowledge the condition of the Shipment by signing the Carrier Form or Bill of Lading, and request a copy of the same from the Carrier. The Customer or Customer’s Agent is urged to photograph the Shipment from all angles.
- At the Destination, the Customer or Customer’s Agent will inspect the Shipment in the presence of the Carrier for any transit damage, notate any new damage as an exception on the Bill of Lading, and sign the final copy of the Bill of Lading. The Customer or Customer’s Agent is urged to photograph the Shipment from all angles prior to signing the Bill of Lading.
- The Customer acknowledges that signing the Carrier’s Form or Bill of Lading at Destination without any notation of damage will confirm that the Shipment was received in satisfactory condition, and XPel1 and the Carrier will have no further responsibility.
- Pick up and deliver Customer’s Shipment as close to Customer’s door or designated Point of Origin and Destination as possible while complying with legal and safety requirements.
- Transport the Shipment in a commercially reasonable manner.
- Issue a Carrier Form, receipt, or Bill of Lading at the Point of Origin and/or Destination. Customer or Customer’s Agent should read the Carrier Form carefully as it may constitute a transportation contract between Customer and Carrier. Any disputes or questions regarding such documents should be directed to the Carrier directly.
- Provide the Customer with the Carrier’s terms and conditions of service, tariffs, rules, or classification upon request. The Customer must request these documents directly from the Carrier.
As the Carrier for Xpel1, we take these responsibilities seriously and strive to provide our customers with reliable and efficient transportation services.
Fees and Payment
- By placing an order for Xpel1’s services, the Customer agrees to pay the full amount due for each Order and any Additional Services as outlined in the Order Confirmation and these TERMS. The Customer acknowledges that there shall be no offsets, chargebacks or reductions for any claims, losses, delays or damages, whether actual, pending or unfiled. Payment for Xpel1’s services is due once the Carrier accepts the Order, as the services are deemed rendered at that point.
- For any C.O.D. balance due to the Carrier, payment must be made in cash, certified funds, cashier’s check or money order made payable to the Carrier and received on or before the delivery of the Shipment. Personal checks, debit or credit cards will not be accepted as forms of payment by the Carrier.
- Any outstanding invoices for Xpel1’s services will accrue interest at a rate of one and a half percent (1.5%) per month. The Customer shall be responsible for all expenses incurred by Xpel1, plus reasonable attorney’s fees, to collect any outstanding charges.
- If the Shipment is placed in storage due to the Customer’s refusal to pay fees or accept delivery from the Carrier for any reason, the Shipment may be placed in storage at the Customer’s expense, subject to the Carrier’s lien for transportation charges until the Customer pays the outstanding balance in full. The Customer is solely responsible for any and all storage and redelivery charges, and agrees not to seek reimbursement from Xpel1.
Cancellation and Refund Policy
- Customers can cancel their order without any cost or cancellation fees, as long as the order has not been accepted by a carrier. However, if the order has been accepted by a carrier and is later canceled for any reason, including the customer’s cancellation, Xpel1’s cancellation due to the customer’s breach of the terms, or denial of pickup by the carrier at the point of origin, the customer must pay a minimum of $199 in cancellation fees. The customer may also be subject to additional cancellation fees, including a dry run fee imposed by the carrier and other vendors contracted to fulfill the customer’s order.
- If the customer is entitled to a refund, it will be for the unfulfilled portion of the services. If additional services were paid for but not rendered for any reason, and the shipment was delivered, the customer can get a refund for the unfulfilled portion of the additional service fees.
- If a customer wishes to cancel an order, they must submit their cancellation request in writing via email to firstname.lastname@example.org. Cancellations made through telephone, text, chat, or any other medium will not be accepted by Xpel1.
Loss, Damage or Delay Claims
- Xpel1’s carrier company policy states that as a property transportation broker, we will not be held responsible for any loss, damage, or delay claims for any reason. If a customer has a claim for loss or damage to their shipment, they agree that the Carrier is the party liable for all such claims and not Xpel1. It is the responsibility of the customer to file any claim directly with the Carrier who transported the shipment.
- If a customer decides to file a claim against the Carrier, they must promptly report such claim to Xpel1, but no later than 48 hours after delivery. This allows Xpel1 to provide relevant documents regarding the Carrier in a commercially reasonable manner to assist the customer.
- The customer should be aware that claims against motor Carriers are governed by federal law, the Carmack Amendment to the ICC Termination Act of 1995, 49 U.S.C. §14706. We urge customers to seek independent legal advice (at their own expense) on these laws in the event of a claim.
- Xpel1 and the Carrier will not be held liable for any cargo loss or damage caused by acts or omissions that are out of our 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, or personal items in the shipment.
As a part of our carrier company policy, customers agree to provide indemnification, defense and hold Xpel1, its officers, directors and employees harmless from any and all claims, losses, liabilities, damages, expenses, settlements, judgments, penalties, fines, suits, actions and costs, including attorneys’ fees, arising from any actual, potential, threatened or pending claims by any person or entity. This includes claims for injury or death of individuals, property damage, environmental damage, claim liability and damages resulting from the acts or omissions of the customer, their agents, employees or representatives.
Limitation of Liability
- Our company, Xpel1, has a limitation of liability policy that is designed to protect our customers in the event of any claims or damages. We want to ensure that our customers are aware of their rights and limitations when using our services.
- The total liability of Xpel1 for any and all claims and damages, whether arising from statute, contract, tort, or any other legal theory, shall not exceed the total fees paid by the customer to Xpel1 for the services provided under the respective Order Confirmation.
- Xpel1 does not provide any warranties for its services, and hereby disclaims all warranties or representations, whether expressed or implied. This includes, but is not limited to, 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.
- Under no circumstances will Xpel1 be liable or responsible for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages, whether arising from loss of business, lost profits, litigation, or any other legal theory, related to a shipment or these terms. This applies even if Xpel1 has been advised of the possibility of such damages.
In the rare occurrence that Xpel1’s carrier company is unable to settle a dispute with a Customer that arises from an Order, Xpel1’s services, or any other Customer interaction with Xpel1, including disputes that occurred before the Customer agreed to Xpel1’s policies, the Customer must agree to settle such disputes through mandatory arbitration. The American Arbitration Association (“AAA”) will oversee the arbitration in accordance with their Consumer Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
- Compliance with Regulations: Xpel1 operates in compliance with Title 49, United States Code. We adhere to all federal, state, and local regulations, and we require our customers to do the same.
- Independent Contractor: Xpel1 is an independent contractor with respect to our customers. Nothing in this agreement shall be construed to create an employment, agency, partnership, or joint venture relationship.
- Assignment of Rights: Customers may not assign any rights under this agreement without the prior written consent of Xpel1.
- Binding Agreement: These terms are binding on both parties and their respective successors and assigns. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provisions.
- Entire Agreement: These terms supersede all prior written or oral agreements or representations and constitute the entire agreement between Xpel1 and our customers. No one except for Xpel1 may change these terms.
- Acknowledgment of Terms: By continuing with the transaction, the customer warrants that they have read these terms in their entirety, fully understands them, and agrees to them. The customer waives any claims or defenses based on not having read, not knowing, or not understanding these terms.