Terms of Service
Thank you for choosing Origa Auto Transport for your vehicle's transport. By using our vehicle transportation broker services, you and the person or entity you represent accept all of the terms and conditions of service ("Terms") stated herein. In the event of a conflict between these Terms and those in any other document, including a motor carrier bill of lading, tariff, or service guide, these Terms will supersede and control as between you and Origa Auto Transport. These Terms cannot be modified by anyone except for Origa Auto Transport.
These Terms include provisions governing how claims between you and Origa Auto Transport are resolved, requiring binding arbitration on an individual basis. Please review Section 12 for details on your agreement to arbitrate disputes with Origa Auto Transport.
Key Terms Defined
- Additional Services: Upgrades like vehicle top-loading, guaranteed pickup date, covered transport, or additional personal belongings.
- Bill of Lading: A document provided by the Carrier at delivery, detailing the Shipment's condition, Point of Origin, Destination, and Order specifics.
- Carrier: A licensed motor carrier or sea carrier as defined by federal law, responsible for transporting the Shipment.
- Carrier Form: A receipt, inspection report, or similar document provided by the Carrier at pickup or delivery.
- C.O.D.: Collect on delivery or payment on delivery.
- Customer: The individual or entity ordering the transportation, including their agents.
- Customer's Agent: An individual over 18 designated to act on the Customer's behalf.
- Destination: The drop-off location designated by the Customer, modifiable by mutual agreement.
- Inoperable: A Shipment that cannot function or be driven due to removed, altered, or damaged parts.
- Origa Auto Transport, "we", "us", or "our": Origa Auto Transport, a division of Origa Services LLC, a licensed transportation broker (FMCSA Docket No. MC-1678994), not a Carrier.
- Order: The Customer's request for transportation of their Shipment.
- Order Confirmation: Written confirmation from Origa Auto Transport detailing the Order, including Shipment description, locations, dates, and rates.
- Point of Origin: The pickup location designated by the Customer, modifiable by mutual agreement.
- Shipment: The Customer's automobile or motorized vehicle arranged for transportation.
Our Services
- Origa Auto Transport arranges transportation of your Shipment by Carriers, reserving the right to refuse or cancel any Order.
- Our services are complete when a Carrier accepts your Order.
- We operate solely as a transportation broker, not a motor carrier, and do not take custody or assume liability for your Shipment.
- Ocean transportation is subject to the ocean Carrier's terms, with limited liability coverage; inquire with the Carrier for additional insurance.
- Estimated pickup and delivery dates may be delayed due to factors beyond our control (e.g., weather, regulations). We are not liable for losses or expenses from delays.
Your Responsibilities
- Accuracy of Information: Ensure all Order details (Shipment description, locations, fees) are accurate. Changes may incur fees or cancellation.
- Shipment Size and Condition: Inform us of the Shipment's size and condition at booking. Inoperable or modified Shipments may incur additional fees or be refused.
- Preparing Shipment: Secure or remove loose parts, limit fuel to a quarter tank, and ensure operability. You are responsible for damages caused by loose parts.
- Alarm: Disarm alarms or provide instructions. Carriers may silence alarms if necessary, without recourse.
- Personal Property: Limit personal property to one 100-lb. suitcase in the trunk. Carriers may reject unsafe items. We are not liable for personal items or damage from improper loading.
- Prohibited Items: Explosives, weapons, drugs, or illegal goods are prohibited. Such items may lead to confiscation, cancellation, and liability for fees or fines.
- Shipment by Sea: No personal property allowed; provide VIN, value, and customs documents. Pay additional port fees if applicable.
Your Warranties
You warrant compliance with all applicable laws, including customs and export regulations, and will provide necessary documents. We are not liable for losses due to your non-compliance. Your agents warrant their authority to act on your behalf.
Pickup and Delivery
- Changes to pickup or delivery locations may be needed due to access restrictions.
- Meet the Carrier at an alternate location if access is restricted.
- Be present or designate an agent for pickup and delivery.
- Inspect the Shipment at pickup, note pre-existing damage on the Carrier Form, and photograph it.
- Inspect the Shipment at delivery, note new damage on the Bill of Lading, and photograph it.
- Signing the Bill of Lading without noting damage confirms satisfactory condition, releasing us and the Carrier from responsibility.
Carrier Responsibilities
- Carriers will pick up and deliver as close to your designated locations as safely possible and transport in a reasonable manner.
- Carriers may issue forms or Bills of Lading; read them carefully and contact the Carrier for disputes.
- You may be subject to the Carrier's terms, tariffs, or rules, available upon request from the Carrier.
Fees and Payment
- Pay all fees as per the Order Confirmation without offsets. Payment is due when a Carrier accepts the Order.
- Carrier payments (C.O.D.) must be in cash, certified funds, cashier's check, or money order, not personal checks or cards.
- Unpaid invoices accrue 1.5% monthly interest, with you liable for collection costs and attorney fees.
- If you refuse payment or delivery, the Shipment may be stored at your expense, subject to the Carrier's lien.
Cancellation and Refunds
- Cancel before a Carrier accepts the Order at no cost. After acceptance, a $249 cancellation fee applies, plus potential Carrier fees.
- Refunds are limited to unfulfilled services, such as unrendered Additional Services.
- Cancel via email to info@origaautotransport.com; other methods are not accepted.
Claims for Loss or Damage
- We are not liable for cargo loss or damage as a broker.
- File claims directly with the Carrier, not us.
- Report claims to us within 48 hours of delivery for assistance with Carrier documentation.
- Claims are governed by federal laws (e.g., Carmack Amendment, Carriage of Goods by Sea Act). Seek legal advice at your expense.
- We and the Carrier are not liable for damages from uncontrollable factors (e.g., weather, acts of God, personal items).
Indemnification
You agree to indemnify and hold us harmless from losses, damages, or claims arising from your or your agents' acts or omissions, including legal fees and costs.
Liability Limitations
- Our liability is limited to the fees you paid for our services under the Order Confirmation.
- We disclaim all warranties, express or implied, including merchantability or fitness for a particular purpose.
- We are not liable for indirect, consequential, or punitive damages, regardless of legal theory.
Dispute Resolution
- Arbitration: Disputes will be resolved by binding arbitration under NAM rules, not in court, except for small claims or intellectual property issues. Notify us 30 days in advance at 676NW 129th Way, Pembroke Pines, FL 33028. Arbitration fees are governed by NAM rules, with the filing party paying filing fees.
- Class Action Waiver: Disputes are handled individually, not as class actions.
- Enforceability: If arbitration is invalidated, Florida courts govern per Section 14.
- Jury Trial and Small Claims: Court claims waive jury trials, except for intellectual property disputes.
California Residents
- User Complaints: File grievances with the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or call (916) 445-1254 or (800) 952-5210, or email dca@dca.ca.gov.
Governing Law
These Terms are governed by Florida law. All actions will be litigated in state or federal courts in Broward County, Florida.
Additional Provisions
- Neither party is a partner, employee, or agent of the other; both are independent contractors.
- Rights are not assignable without our consent, except as stated.
- Invalid provisions are limited to maintain the Terms' enforceability.
- These Terms are the entire agreement, superseding prior communications.
- You waive claims based on not reading or understanding these Terms.
- Our failure to enforce any provision is not a waiver unless in writing.
- We may use your name for marketing unless you opt out by emailing info@origaautotransport.com.
- Additional policies (e.g., Privacy Policy) may apply to your use of our services.
SMS Messaging Terms
- Opt-In Method: Consent via website form or text ORIGA to 754-755-1268.
- Types of Messages: Receive texts about discounts, order follow-ups, and schedules.
- Message Frequency: 50–1000 daily messages across users; rates may apply. Text HELP to 754-755-1268 or email info@origaautotransport.com for help.
- Opt-Out Method: Reply STOP to any message or text STOP to 754-755-1268; opt back in with ORIGA.
- Available on major carriers; message rates may apply. Carriers are not liable for delays.
- We respect your privacy, using your number only for messaging and disclosing it only as required by law. Provide accurate information to avoid service denial.