Pursuant to the terms and conditions of this Vehicle Transportation Agreement (the “Agreement”), Metropolitan Logistics Inc. (the “Company”) agrees to arrange and coordinate the transportation of the client’s vehicle (the “Vehicle”) in “as-is” condition from the origin location to the final destination, as documented in the Vehicle Condition Report.
The Vehicle Condition Report shall be completed prior to transport by the vehicle owner (the “Client”) or by Metropolitan Logistics acting as the Client’s authorized representative.
It is the responsibility of the Client or their authorized representative to inspect the Vehicle and confirm that the Vehicle Condition Report accurately reflects the pre-transport condition of the Vehicle.
If neither the Client nor an authorized representative is available at the time of pickup, the inspection conducted by the carrier or its driver, and the resulting Vehicle Condition Report, shall be deemed accurate, final, and accepted by all parties.
In addition to the agreed transportation charges, the Client acknowledges and agrees that Metropolitan Logistics Inc. may charge, and the Client shall be responsible for paying, all incidental charges, costs, and expenses (collectively, “Additional Costs”) incurred in connection with the transportation of the Vehicle, including costs incurred by third-party carriers acting on the Client’s behalf.
Additional Costs may include, but are not limited to:
All Additional Costs are payable by the Client upon invoicing and are not refundable.
The Client agrees that the Vehicle must meet the following conditions in order for Metropolitan Logistics Inc., through its contracted carriers, to transport the Vehicle:
Failure to comply with these requirements may result in refusal of transport, delays, additional charges, or cancellation, for which the Client remains fully responsible.
Metropolitan Logistics Inc. reserves the right to immediately suspend or terminate this Agreement, without liability, if the Client breaches any term or condition of this Agreement.
In such event, the Client shall remain fully responsible for all costs, charges, and expenses incurred up to the time of termination, including any costs imposed by third-party carriers or service providers engaged on the Client’s behalf.
While the Vehicle is in transit to the final destination under this Agreement, Metropolitan Logistics Inc., through its contracted carriers, shall be liable only for physical damage to the Vehicle directly resulting from:
Any approved transport-related damage is subject at all times to a CAD $750.00 deductible, payable by the Client.
If liability is accepted, Metropolitan Logistics’ responsibility shall be limited strictly to the reasonable cost of repair of the damage incurred and shall not extend to replacement, diminished value, loss of use, or any other indirect or consequential damages.
Metropolitan Logistics Inc., its contracted carriers, and service partners shall not be liable for any loss of or damage to the Vehicle arising from or relating to the following:
Mechanical or electrical defects, including but not limited to exhaust systems, suspension, brakes, batteries, electrical components, drivetrain, or steering
Industrial pollution, environmental fallout, or airborne contaminants
Loss of or damage to personal belongings or articles left in or on the Vehicle
Pre-existing conditions, including any nick, scratch, chip, crack, or other imperfection to glass or body panels
Minor scratches, dents, chips, or scuffs that:
may not be visible or recorded due to weather conditions or vehicle cleanliness at origin, or
are attributable to normal wear and tear during transit
Undercarriage damage of any kind
Loss of or damage to aftermarket or non-factory accessories, including canopies, spoilers, or modifications, unless expressly noted on the Vehicle Condition Report
Loss or damage resulting from any act, omission, or default of the Client or their representative
Loss or damage resulting from any defect, weakness, or inherent vice of the Vehicle
Loss or damage caused by acts of God, governmental actions, quarantine, riots, strikes, civil disturbance, adverse weather, or any event beyond the reasonable control of Metropolitan Logistics or its carriers
Indirect, consequential, punitive, or exemplary damages, including but not limited to loss of use or diminished value
Any loss or damage exceeding the Canadian Red Book retail value of the Vehicle at the time of loss
The Client or their authorized representative must sign the Vehicle Release Form at the time the Vehicle is received at the final destination.
Subject to the terms of this Agreement, the Client agrees that Metropolitan Logistics Inc. and its contracted carriers shall not be liable for any loss of or damage to the Vehicle unless such loss or damage is clearly noted on the Vehicle Release Form at the time of delivery by the Client or their authorized representative.
The Client acknowledges that noting damage on the Vehicle Release Form does not constitute automatic acceptance of liability by Metropolitan Logistics or its carriers.
Any claim for transport-related damage must be submitted in writing within twenty-four (24) hours of delivery and in accordance with Metropolitan Logistics’ claims procedure. Claims submitted outside this timeframe will not be accepted.
Instructions for submitting a claim will be provided upon request or included with delivery documentation.
This Agreement, together with the Vehicle Condition Report and the Vehicle Release Form, constitutes the entire agreement between the parties with respect to the transportation of the Vehicle and supersedes all prior discussions or representations.
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable laws of Canada, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario.
The Client acknowledges and agrees that if:
then the maximum liability of Metropolitan Logistics Inc. and its contracted carriers under this Agreement shall be strictly limited to a maximum of CAD $10,000.00, regardless of the Vehicle’s market value.