{"id":2970,"date":"2024-11-29T16:29:35","date_gmt":"2024-11-29T16:29:35","guid":{"rendered":"https:\/\/onyxautotransport.com\/onyxautotransport\/?page_id=2970"},"modified":"2025-12-09T14:06:27","modified_gmt":"2025-12-09T14:06:27","slug":"terms-of-service","status":"publish","type":"page","link":"https:\/\/onyxautotransport.com\/onyxautotransport\/terms-of-service\/","title":{"rendered":"Terms of service"},"content":{"rendered":"\t\t
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Terms of service\n<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tReview the terms of service for Onyx Auto Transport, covering user agreements, legal obligations, and policies for a smooth car transport experience.\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tThank you for choosing Onyx 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 (\u201cTERMS\u201d) 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, or any other documents, these TERMS will supersede and control as between you and Onyx Auto Transport. These TERMS cannot be modified by anyone except for Onyx Auto Transport.\n\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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\n\t\t\t\t\t\t\t\t\tTHESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW CLAIMS CUSTOMER AND ONYX AUTO TRANSPORT MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE CUSTOMER TO SUBMIT CLAIMS CUSTOMER HAS AGAINST ONYX AUTO TRANSPORT TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. PLEASE REVIEW SECTION 12 FOR THE DETAILS REGARDING CUSTOMER’S AGREEMENT TO ARBITRATE ANY DISPUTES WITH ONYX AUTO TRANSPORT.\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
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1. Definitions\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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A.<\/b>\u00a0\u201cAdditional Services\u201d means upgrades and additional services ordered by the Customer such as vehicle top-loading, guaranteed pick up date, covered transport, additional personal belongings, etc.<\/p>

B.<\/b>\u00a0\u201cBill of Lading\u201d 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. Bill of Lading can serve as a receipt or a contract between the Carrier and Customer.<\/p>

C.\u00a0<\/b>\u201cCarrier\u201d means a motor carrier of property, as defined at 49 U.S.C. \u00a713102(14), duly licensed by State and\/or Federal Department of Transportation, or a carrier of goods by sea pursuant to 46 U.S.C. \u00a7 30701.<\/p>

D.\u00a0<\/b>\u201cCarrier Form\u201d means a receipt, inspection report, Bill of Lading, shipping order or similar document provided by the Carrier at Point of Origin and\/or Destination.<\/p>

E.\u00a0<\/b>\u201cC.O.D.\u201d means collect on delivery or payment on delivery.<\/p>

F.\u00a0<\/b>\u201cCustomer\u201d means the individual, company or other entity, including its agents and representatives, ordering the transportation of Shipment.<\/p>

G.<\/b>\u00a0\u201cCustomer’s Agent\u201d means an individual over the age of 18 designated by Customer to act on Customer’s behalf or as an agent.<\/p>

H.\u00a0<\/b>\u201cDestination\u201d means the Shipment drop off location designated by the Customer or as later modified by mutual agreement between Onyx Auto Transport and Customer prior to delivery.<\/p>

I.<\/b>\u00a0\u201cInoperable\u201d 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.<\/p>

J.<\/b>\u00a0\u201cOnyx Auto Transport\u201d, \u201cwe\u201d, \u201cus\u201d or \u201cour\u201d means Onyx Auto Transport Inc, its affiliates and subsidiaries. Onyx Auto Transport is a transportation broker as defined at 49 U.S.C. \u00a7 13102(2), arranging for the transportation of freight through third party Carriers and is fully licensed by the Department of Transportation (DOT), and is registered with the Federal Motor Carrier Safety Administration (FMCSA) under Docket No. MC-1604295 and\/or other government agencies as may be required by law. Onyx Auto Transport is not a Carrier.<\/p>

K.\u00a0<\/b>\u201cOrder\u201d means Customer’s request for Onyx Auto Transport to arrange for the transportation of Customer’s Shipment.<\/p>

L.<\/b>\u00a0\u201cOrder Confirmation\u201d means any written confirmation from Onyx Auto Transport 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.<\/p>

M.<\/b>\u00a0\u201cPoint of Origin\u201d means the Shipment pick up location designated by Customer or as later modified by mutual agreement between Onyx Auto Transport Customer prior to transport.<\/p>

N.<\/b>\u00a0\u201cShipment\u201d means the Customer’s property \u2014 an automobile or motorized vehicle \u2014 arranged for transportation in accordance with these TERMS.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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2. Services\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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A.<\/b>\u00a0Upon Customer\u2019s request, Onyx Auto Transport will arrange for the transportation of Customer\u2019s Shipment by Carriers subject to these TERMS. Onyx Auto Transport reserves the right, in its sole discretion, to refuse or cancel any Order at any time<\/p>

B.<\/b>\u00a0Onyx Auto Transport\u2019s services are deemed completed when a Carrier has accepted Customer\u2019s Order.<\/p>

C.\u00a0<\/b>Customer understands and accepts that Onyx Auto Transport (1) operates only as a transportation broker, (2) is not a motor carrier or transporter, and (3) does not hold itself out as providing the transportation of property.<\/p>

D.\u00a0<\/b>Customer expressly understands and agrees that Onyx Auto Transport never takes custody or possession of, transports, or handles Customer\u2019s Shipment, or assumes any liability for the Shipment.<\/p>

E.\u00a0<\/b>All ocean transportation arranged by Onyx Auto Transport will also be subject to the terms and conditions of the ocean Carrier\u2019s bill of lading, tariff, schedules, rates and rules. Ocean Carriers offer limited liability coverage for loss or damage, and Customer must inquire with the ocean Carrier about purchasing additional insurance.<\/p>

F.\u00a0<\/b>Onyx Auto Transport 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 Onyx Auto Transport\u2019s control. Onyx Auto Transport cannot and does not guarantee delivery dates or times. Customer understand and accepts that Onyx Auto Transport is not \u2013 responsible or liable for any losses or expenses caused by delays of any kind or for any reason.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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3. Customer\u2019s Responsibilities\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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A.<\/b>Accuracy of Information. Customer understands and accepts that only Customer is responsible to ensure the accuracy of all of the details including the description of the Shipment (year, make, model, body style, trim, etc.), Point of Origin, Destination, fees, and special instructions in the Order Confirmation, and as applicable, on the Carrier\u2019s Form, Bill of Lading, or other required documents. Any changes or corrections to the Shipment description or any other changes to an Order may result in additional fees or cancellation of the Order. Customer waives all claims against Onyx Auto Transport for any additional charges or cancellation if the Shipment does not match the Shipment listed in the Order Confirmation.<\/p>

B.<\/b>\u00a0Shipment size and condition. Customer must inform Onyx Auto Transport about the Shipment\u2019s size and condition at the time of booking and prior to the pick up date. Customer understands and accepts that if the Shipment is or becomes inoperable during the transit, or if the Shipment (1) is modified from the original equipment manufacturer (\u201cOEM\u201d) condition with features including but not limited to aftermarket spoilers, lowered chassis, height modifications, etc., (2) is oversized due to but not limited to dual or oversized wheels, extra-large tires, racks, lifted chassis (3) is a large vehicle such as a limousine or a hearse, then the Carrier may charge additional fees to transport such Shipment or refuse to transport the Shipment altogether.<\/p>

C.\u00a0<\/b>Preparing Shipment. Customer understands and accepts that Customer is responsible for preparing the Shipment for transportation. Customer must either secure or remove all loose parts, fragile accessories, low hanging spoilers, etc. prior to shipment. Customer must remove all non-permanent, outside mounted luggage and other racks prior to shipment. Shipment must be tendered to Carrier in operable condition with no more than a quarter tank of fuel. Customer understands and accepts that Customer is responsible for any damages, losses and claims to the Shipment, other vehicles and\/or persons which are caused by any part of the Shipment that becomes loose or detached during the transport.<\/p>

D.\u00a0<\/b>Alarm. Customer must disarm any alarm system installed in the Shipment or provide clear instructions for disengaging it to the Carrier. In the event such alarm is activated during the transit, and there are no keys or instructions to turn it off, Carrier may be forced to silence alarm by any reasonable means available and without recourse by Customer.<\/p>

E.\u00a0<\/b>Personal Property. Customer may leave one suitcase OR one bag carrying personal property which shall not exceed one hundred pounds (100 labs.) and must be confined to the trunk or storage area of the Shipment. Customer must notify Onyx Auto Transport and Carrier of such personal property in the Shipment at the Point of Origin prior to loading of the Shipment. Customer understands and accepts that the Carrier has the right to reject any personal property in the Shipment if transporting such personal property is unsafe or violates the law. Customer is advised not to leave any negotiable instruments, legal papers, jewelry, furs, money, cash or currency, antiques, or any valuable articles in the Shipment. Customer understands and accepts that the Carrier and Onyx Auto Transport are not liable for personal items of any kind and value left in the Shipment, or for damage to Shipment caused by excessive or improper loading of personal items. If Customer puts personal property in the Shipment, Customer does so at Customer\u2019s own risk.<\/p>

F.\u00a0<\/b>Prohibited Items. Customer understands and accepts that Customer is 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. Customer understands and accepts that upon discovery, 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 in entirety without any remuneration or compensation to Customer and Customer will be solely responsible for any fees, fines, damages, or other liabilities arising from a violation of this Section.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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4. Customer Warranties\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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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. Onyx Auto Transport assumes no liability to Customer or to any other person for any loss or expense due to Customer\u2019s failure to comply with this provision. Any Customer\u2019s 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<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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5. Pickup and Delivery of Shipment\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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A.<\/b>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.<\/p>

B.<\/b>\u00a0If the Carrier is unable to access the Point of Origin or Destination, Customer agrees to meet the Carrier at an alternate location in order for the Carrier to safely pick up or drop off the Shipment.<\/p>

C.\u00a0<\/b>Customer must be present at the Point of Origin and Destination for the pickup and\/or delivery of a Shipment, or Customer must designate a Customer\u2019s Agent if Customer is unavailable for any reason.<\/p>

D.\u00a0<\/b>At the time of pickup at the Point of Origin, Customer or Customer\u2019s Agent agrees to 1) carefully inspect the Shipment with the Carrier for pre-existing damage, and 2) acknowledge 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\u2019s Agent is also urged to photograph the Shipment from all angles at the Point of Origin.<\/p>

E.\u00a0<\/b>At the time of delivery at Destination, Customer or Customer 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\u2019s 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\u2019s Agent is urged to photograph the Shipment from all angles prior to signing the Bill of Lading.<\/p>

F.\u00a0<\/b>Customer understands and accepts that Customer\u2019s or Customer Agent\u2019s signing of the Carrier\u2019s 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 Onyx Auto Transport and the Carrier will have no further responsibility.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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6. Carrier Responsibilities\n\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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A.<\/b>Carrier shall (1) pick up and deliver Customer\u2019s Shipment as close to Customer\u2019s door or Customer\u2019s designated Point of Origin and Destination as legally and safely possible, and (2) transport the Shipment in a commercially reasonable manner<\/p>

B.<\/b>\u00a0Carrier may issue a Carrier Form, receipt or Bill of Lading at the Point of Origin and\/or Destination. Customer or Customer\u2019s 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<\/p>

C.\u00a0<\/b>Customer understands and agrees that Customer may also be subject to the Carrier\u2019s terms and conditions of service, tariffs, rules or classification, copies of which must be requested by the Customer directly from the Carrier<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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7. Fees and Payment\n\n\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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A.<\/b>Customer agrees to pay all amounts due in full for each Order and any Additional Services as per the terms of the Order Confirmation and these TERMS without any offsets, chargebacks or reductions by Customer for any actual, pending or unfilled claims, losses, delays, or damages. Payment for Onyx Auto Transport\u2019s services is due when a Carrier accepts an Order as Onyx Auto Transport\u2019s services have been rendered at that point.<\/p>

B.<\/b>\u00a0All payments for the balance due to Carrier for C.O.D. must be made on or before the delivery of Shipment in the form of cash, certified funds, cashier\u2019s check or money order made payable to the Carrier. Customer WILL NOT use personal checks, debit or credit card when making payments to the Carrier<\/p>

C.\u00a0<\/b>If Shipment is placed in storage due to Customer\u2019s refusal to pay the fees or accept delivery from the Carrier for any reason, then the Shipment may be placed in storage at Customer\u2019s expense and subject to Carrier\u2019s 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 Onyx Auto Transport for reimbursement.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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8. Cancellation and Refund Policy\n\n\n\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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A.<\/b>Customer may cancel an Order at any time at no cost or cancellation fees as long as the Order has not yet been accepted by a Carrier. If the Order is canceled for any reason after a Carrier accepts the Order, such reasons including but not limited to Customer canceling an Order, Onyx Auto Transport canceling an Order due to the Customer\u2019s breach of these TERMS or if the Carrier is denied pick up of the Shipment for any reason when the Carrier arrives at the Point of Origin, then the Customer agrees to pay a minimum of two hundred and thirty dollars ($230.00) in cancellation fees as Onyx Auto Transport\u2019s services have been rendered at that point. Customer understands and accepts that the Customer may be subject to additional cancellation fees including but not limited to a dry run fee imposed by a Carrier and other vendors contracted to fulfill Customer\u2019s Order.<\/p>

B.<\/b>\u00a0Customer is entitled to a refund for only the unfulfilled portion of the services. If Additional Services were paid for but not rendered for any reason and the Shipment was delivered, the sole remedy for the Customer shall be a refund for the unfulfilled portion of the Additional Services fees<\/p>

C.\u00a0<\/b>Cancellation of an Order by Cust<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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9. Loss, Damage or Delay Claims\n\n\n\n\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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A.<\/b>Onyx Auto Transport is a property transportation broker, therefore, is not and will not be liable for any cargo loss and damage claims for any reason.<\/p>

B.<\/b>\u00a0If 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 Onyx Auto Transport, and it is Customer\u2019s responsibility to file any claim directly with the Carrier who transported the Shipment.<\/p>

C.\u00a0<\/b>If Customer decides to file a claim against the Carrier, Customer must promptly report such claim to Onyx Auto Transport, but in no event later than forty-eight (48) hours of the delivery, so Onyx Auto Transport may provide the Customer with relevant documents regarding the Carrier in a commercially reasonable manner.<\/p>

D.\u00a0<\/b>Customer is hereby informed and understands that claims against motor Carriers are governed by federal law, the Carmack Amendment to the ICC Termination Act of 1995, 49 U.S.C. \u00a714706, and claims against ocean Carriers are typically governed by the Carriage of Goods by Sea Act, 46 U.S.C. \u00a730701. Customer is urged to seek independent legal advice (at Customer\u2019s sole expense) on these laws in the event of a claim.<\/p>

E.\u00a0<\/b>. Customer understands and agrees that Onyx Auto Transport and Carrier are not liable for any cargo loss or damage caused by any acts or omissions that are out of Onyx Auto Transport\u2019s or Carrier\u2019s 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.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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10. Indemnification\n\n\n\n\n\n\n\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Customer agrees to indemnify, defend and hold Onyx Auto Transport and our affiliates, and our and their employees, officers and directors harmless from and against any and all losses, liabilities, damages, payments, settlements, judgments, penalties, fines, expenses, (including reasonable attorneys\u2019 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.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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11. Disclaimer and Limitation of Liability\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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A.<\/b>The total cumulative liability of Onyx Auto Transport for any and all claims and damages, whether arising from statute, contract, tort or otherwise, shall not under any circumstances exceed the total fees paid by Customer to Onyx Auto Transport for Onyx Auto Transport\u2019s services under the respective Order Confirmation<\/p>

B.<\/b>\u00a0EXCEPT AS OTHERWISE PROVIDED HEREIN, ONYX AUTO TRANSPORT 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.<\/p>

C.\u00a0<\/b>UNDER NO CIRCUMSTANCES WILL ONYX AUTO TRANSPORT 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.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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11. Disclaimer and Limitation of Liability\n\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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A.<\/b>\u00a0Arbitration. Any dispute, controversy, or claim between the parties arising out of or relating in any way to these TERMS, an Order, Onyx Auto Transport\u2019s services or any other Customer engagement with Onyx Auto Transport will be resolved by binding arbitration, rather than in court, except that Customer or Onyx Auto Transport (1) must assert claims in small claims court if Customer\u2019s or our claims qualify, and (2) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. The Federal Arbitration Act and federal arbitration law shall apply to this arbitration agreement.<\/p>

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).<\/p>

At least thirty (30) days before beginning an arbitration proceeding, Customer must send an individualized letter personally signed by Customer and identifying Customer, Customer\u2019s legal claims, the requested relief and requesting arbitration to Onyx Auto Transport\u2013 11 Westwood CT Newtown, PA 18940 by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for Customer, by electronic mail to the last known address. Except as otherwise stated herein, the arbitration will be conducted by the National Arbitration Mediation (\u201cNAM\u201d) under its rules, including for Consumer-Related Disputes. Customer and Onyx Auto Transport also agree to delegate the issue of arbitrability to an arbitrator. Payment of administration and arbitrator fees will be governed by the NAM\u2019s rules, except all of the filing fees will be paid by the filing party. If Customer is a prevailing party, Customer may seek reimbursement of Customer\u2019s fees and costs. However, Onyx Auto Transport may seek our attorney\u2019s fees and costs if the arbitration finds Customer\u2019s claims to be frivolous. There will be only one arbitrator, not a panel. Customer may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where Customer lives or at another mutually agreed location. Customer and Onyx Auto Transport also agree that, if more than one dispute arises regarding the same or substantially similar issues, the parties\u2019 respective claim(s) will be arbitrated in the order in which it\/they were filed, except all claims shall be arbitrated within three (3) years. THIS ARBITRATION AGREEMENT WILL SURVIVE TERMINATION OF THESE TERMS.<\/p>

B.<\/b>Class Action Waiver. The parties each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class or representative action. Therefore, Customer waives all rights to bring claims on behalf of a class of persons; however, Customer may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a classwide basis or otherwise coordinating claims filed in arbitration.<\/p>

C.\u00a0<\/b>Enforceability. If this arbitration agreement is invalidated in whole or part, the parties agree that the exclusive jurisdiction in the section below entitled \u201cGoverning Law; Jurisdiction\u201d shall govern any claim in court arising out of or related to these Terms.<\/p>

D.\u00a0<\/b>Jury Trial and Small Claims Court. If for any reason a claim proceeds in court rather than in arbitration, the parties each waive any right to a jury trial. The parties also both agree that Customer or Onyx Auto Transport may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

Terms of service Review the terms of service for Onyx Auto Transport, covering user agreements, legal obligations, and policies for […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"elementor_header_footer","meta":{"site-sidebar-layout":"no-sidebar","site-content-layout":"","ast-site-content-layout":"full-width-container","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"disabled","ast-breadcrumbs-content":"","ast-featured-img":"disabled","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"default","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"set","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"class_list":["post-2970","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/onyxautotransport.com\/onyxautotransport\/wp-json\/wp\/v2\/pages\/2970","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/onyxautotransport.com\/onyxautotransport\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/onyxautotransport.com\/onyxautotransport\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/onyxautotransport.com\/onyxautotransport\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/onyxautotransport.com\/onyxautotransport\/wp-json\/wp\/v2\/comments?post=2970"}],"version-history":[{"count":38,"href":"https:\/\/onyxautotransport.com\/onyxautotransport\/wp-json\/wp\/v2\/pages\/2970\/revisions"}],"predecessor-version":[{"id":13468,"href":"https:\/\/onyxautotransport.com\/onyxautotransport\/wp-json\/wp\/v2\/pages\/2970\/revisions\/13468"}],"wp:attachment":[{"href":"https:\/\/onyxautotransport.com\/onyxautotransport\/wp-json\/wp\/v2\/media?parent=2970"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}