Effective date: [CONFIRM: Month Day, 2026]
These Terms & Conditions (“Agreement”) govern the transportation brokerage services provided by American Auto Dispatch LLC (“American Auto Dispatch,” “AAD,” “we,” “us,” or “our”) to the customer identified on the applicable order, quote, invoice, reservation confirmation, or shipping authorization (“Customer,” “you,” or “your”).
AAD is a transportation broker, not the motor carrier physically transporting the vehicle. AAD arranges transportation with an independently owned and operated motor carrier (“Carrier”) authorized to provide transportation services.
By signing an order, electronically signing this Agreement, checking an acceptance box, approving an order electronically, authorizing payment, making a payment, or instructing AAD to begin brokerage services after receiving these Terms & Conditions, Customer acknowledges that Customer has received, reviewed, understood, and agreed to this Agreement.
Customer's electronic acceptance, including an electronic signature, checkbox acceptance, email approval, text-message approval, or other electronic authorization, shall constitute Customer's acceptance to the same extent permitted by applicable law as a handwritten signature.
IMPORTANT: Customer should not authorize payment or instruct AAD to begin services unless Customer has reviewed the applicable cancellation, payment, reservation, and limitation-of-liability provisions contained in this Agreement and the applicable Order Confirmation.
AAD provides brokerage and transportation-arranging services only.
AAD may:
AAD does not own, possess, physically transport, load, unload, inspect, secure, store, or deliver the vehicle unless AAD separately enters into a written agreement expressly providing otherwise.
The Carrier, not AAD, is responsible for the actual physical transportation of the vehicle.
Nothing in this Agreement creates an employer-employee relationship, partnership, joint venture, or carrier relationship between AAD and any Carrier.
For purposes of this Agreement:
“Vehicle” includes any passenger vehicle, truck, SUV, motorcycle, equipment, multiple vehicles, freight, or other property described in the applicable Order Confirmation.
“Broker Fee” or “Booking Fee” means the compensation retained by AAD for brokerage and related services.
“Carrier Rate” means the amount payable to the Carrier for physical transportation.
“Total Transportation Price” means the Carrier Rate plus the AAD Broker Fee and any other charges specifically disclosed and authorized under the Order Confirmation.
“Order Confirmation” means the written or electronic document issued by AAD identifying the transportation terms, including the vehicle, origin, destination, applicable dates or window, price, deposit, payment terms, and, where applicable, Carrier information and reservation status.
“Confirmed Reservation” means a reservation expressly identified by AAD in writing as confirmed, reserved, assigned, dispatched, or otherwise secured with a Carrier.
Customer understands and agrees that the Total Transportation Price may consist of two separate components:
AAD's Broker Fee is compensation for services performed by AAD and is separate from the Carrier's transportation charge.
Once AAD has performed brokerage services for Customer, including but not limited to transportation research, Carrier solicitation, rate negotiation, Carrier coordination, reservation processing, dispatch coordination, or securing transportation capacity, the applicable Broker Fee is considered earned, subject to any specifically stated refund rights in this Agreement or the Order Confirmation.
Customer's payment to AAD does not make AAD the Carrier and does not make AAD responsible for the Carrier's acts or omissions.
All quotes are based on the information supplied by Customer at the time of quotation.
Customer is responsible for providing accurate information concerning:
If any information changes or was incomplete or inaccurate, AAD and/or the Carrier may adjust the transportation price, timing, or transportation requirements.
A quoted price is not a guaranteed Carrier rate until Customer receives a written Order Confirmation stating otherwise.
Once a reservation is expressly confirmed at a stated price, that price will remain applicable unless:
(a) Customer changes the transportation requirements;
(b) Customer provided inaccurate or incomplete information;
(c) the pickup or delivery location is inaccessible or materially different from the disclosed location;
(d) an additional Carrier, port, terminal, toll, storage, government, customs, or accessorial charge becomes applicable;
(e) the Carrier requires an additional charge because of an undisclosed condition; or
(f) a change is otherwise expressly permitted by the Order Confirmation.
AAD will communicate a material price adjustment to Customer before requiring Customer to accept the revised rate, except where an accessorial charge is imposed by the Carrier after the shipment has commenced or at pickup/delivery due to circumstances outside AAD's control.
AAD uses reasonable efforts to arrange transportation; however, AAD does not guarantee that a Carrier will accept a shipment at a particular price unless the Order Confirmation expressly states that the reservation is confirmed at that rate.
Carrier availability depends on numerous factors, including market demand, route availability, vehicle size, vehicle condition, weather, fuel costs, driver availability, regulatory requirements, and other circumstances outside AAD's control.
Estimated pickup and delivery dates are estimates unless the Order Confirmation expressly identifies a date or window as guaranteed.
Any oral statement made by a salesperson, employee, independent representative, or third party shall not modify these Terms unless confirmed in writing by an authorized AAD representative.
During the period in which an AAD reservation remains active, Customer agrees not to knowingly enter into a separate transportation contract for the same vehicle with another broker or Carrier without first cancelling the AAD reservation in accordance with this Agreement.
If Customer independently books another broker or Carrier while the AAD reservation remains active, such conduct constitutes a material breach of this Agreement.
In that circumstance, AAD may terminate its brokerage obligation and retain any earned Broker Fee and any properly documented, non-refundable third-party costs incurred in connection with Customer's reservation, subject to applicable law.
Customer authorizes AAD to select a qualified independent Carrier on Customer's behalf.
Unless Customer has purchased a separately identified Carrier-specific service, Customer authorizes AAD to substitute or reassign the Carrier when reasonably necessary to complete the transportation.
Carrier assignment may change because of scheduling, equipment, route, driver, safety, capacity, mechanical, regulatory, or other legitimate transportation reasons.
AAD does not guarantee that the originally discussed or initially proposed Carrier will ultimately perform the transportation unless that Carrier is expressly identified as confirmed in the Order Confirmation.
Customer understands that the Carrier is responsible for the physical transportation of the Vehicle and for applicable cargo and liability coverage required by law or represented by the Carrier.
Carrier insurance coverage, policy limits, deductibles, exclusions, and claims procedures may vary among Carriers.
AAD does not provide cargo insurance for the Vehicle and does not guarantee that an insurance claim will be accepted or paid by the Carrier's insurer.
Upon reasonable request, AAD may provide Customer with available Carrier identification and insurance information supplied to AAD.
Customer understands that certificates of insurance and other Carrier documents are documents provided by independent third parties. AAD does not insure or independently guarantee the accuracy, completeness, validity, or future enforceability of a Carrier's insurance policy.
Any claim for physical loss or damage must be pursued against the Carrier and/or applicable insurer, subject to the Carrier's policy, Bill of Lading, applicable law, and the terms governing the Carrier's transportation.
Customer must accurately disclose whether the Vehicle is:
Customer must disclose any condition that may affect loading, unloading, or transportation.
If the Vehicle's actual condition differs materially from the information supplied to AAD or the Carrier, additional charges, delays, refusal of transportation, or rescheduling may result.
Customer shall be responsible for additional transportation expenses resulting from inaccurate or incomplete information supplied by Customer, to the extent permitted by law.
Carriers generally provide door-to-door transportation when the pickup and delivery locations are safely accessible.
A Carrier may require Customer to meet at a nearby accessible location when the Carrier's equipment cannot safely access the exact address because of narrow roads, low clearance, low-hanging trees, steep grades, restricted turns, municipal restrictions, construction, road conditions, or other safety concerns.
A requirement to use a nearby accessible location does not by itself constitute a failure by AAD to perform its brokerage services.
Unless expressly included in the Order Confirmation, quoted transportation prices do not automatically include:
Customer is responsible for charges resulting from Customer's instructions, undisclosed conditions, refusal or inability to accept delivery, inaccurate information, or circumstances outside AAD's control.
Customer should not place personal or household items in the Vehicle unless AAD and the Carrier have expressly authorized them.
Personal property left inside the Vehicle may not be covered by the Carrier's cargo insurance.
AAD and/or the Carrier may refuse to transport personal property regardless of any additional payment offered.
Customer shall not place firearms, ammunition, explosives, illegal drugs, hazardous materials, flammable materials, or any other prohibited or unlawful property inside the Vehicle.
Customer is solely responsible for any loss, seizure, penalty, claim, or legal consequence resulting from prohibited or undisclosed items placed inside the Vehicle by Customer or Customer's agents.
Customer expressly authorizes AAD to process the payment method selected by Customer for the amounts disclosed in the applicable Order Confirmation, Payment Disclosure, invoice, or payment authorization.
Customer authorizes payment of:
AAD shall not intentionally charge an amount materially different from the amount authorized without obtaining additional authorization, except for charges expressly permitted under this Agreement and previously disclosed to Customer.
The remaining Carrier balance, when applicable, is payable directly to the Carrier in the payment form stated in the Order Confirmation.
Customer's obligation to pay AAD's earned brokerage compensation is separate from Customer's obligation to pay the Carrier's transportation balance.
Any credit-card or other payment-processing surcharge shall be imposed only to the extent permitted by applicable law, card-network rules, and the payment processor's requirements.
Any applicable surcharge will be disclosed to Customer before payment is authorized and identified on the applicable payment record or receipt.
Cancellation requests must be submitted in writing by email or another written method expressly accepted by AAD.
The effective time of cancellation shall be the date and time AAD receives the cancellation request, subject to verification and the terms below.
A telephone call, voicemail, text, WhatsApp message, or message to an individual employee does not automatically constitute an effective cancellation unless AAD acknowledges the cancellation in writing.
A. Cancellation Within 24 Hours
A cancellation submitted within 24 hours of booking may qualify for a refund of amounts not already earned, committed, or non-refundable, less any expressly disclosed administrative or payment-processing amount permitted by law.
B. Cancellation Before a Confirmed Reservation
For a domestic shipment that has not received a Confirmed Reservation, cancellation after 24 hours may be subject to a $75 administrative cancellation charge, unless a different amount is expressly stated in the Order Confirmation.
C. Cancellation After Confirmed Reservation
Once a Confirmed Reservation has been secured, the applicable Broker Fee becomes earned and amounts committed to the Carrier or other third parties may become non-refundable.
Unless a different cancellation amount is expressly stated in the Order Confirmation, a standard domestic confirmed-reservation cancellation charge of $200 may apply.
The parties acknowledge that transportation brokerage cancellations can create administrative expenses, lead-generation costs, Carrier communication expenses, allocation and opportunity costs, payment expenses, and other losses that are difficult to calculate precisely at the time of booking.
The $200 amount is intended as a reasonable estimate of such losses and administrative costs and is not intended as a punitive penalty.
AAD will not intentionally obtain duplicate recovery for the same loss.
D. Cancellation After Carrier Dispatch or Pickup Coordination
If a Carrier has been dispatched, assigned, scheduled, or has begun pickup coordination, Customer may additionally be responsible for documented non-refundable Carrier charges, deadhead or cancellation charges, storage charges, or other expenses actually incurred as a result of Customer's cancellation, refusal, failure to release the Vehicle, or failure to accept the Vehicle, to the extent permitted by applicable law.
E. Refusal to Release the Vehicle
If Customer or Customer's representative refuses to release the Vehicle after Carrier dispatch or arrival, all applicable cancellation, Carrier, storage, repositioning, or rescheduling charges may remain payable.
Customer must be available, or appoint an authorized representative at least 18 years of age, to release and/or receive the Vehicle.
Customer's failure to provide access, keys, accurate location information, a qualified representative, or the required payment may result in a rescheduling charge of $75, plus documented third-party charges when applicable.
The Carrier may depart if the Vehicle is unavailable or cannot be safely released or delivered within the agreed timeframe.
Customer must inspect the Vehicle at pickup and delivery and must review the Carrier's Bill of Lading/condition report.
Customer should ensure that existing damage and any newly observed damage are accurately documented before accepting delivery.
Where permitted by law and the Carrier's governing documents, failure to document apparent damage at delivery may materially impair or complicate a later claim.
AAD does not determine the Carrier's damage claim or insurance coverage and is not the insurer.
AAD may provide reasonable administrative assistance but is not responsible for paying, adjudicating, or guaranteeing a Carrier damage claim.
Claims relating to physical damage, loss, theft, or destruction of the Vehicle must be directed to the Carrier and/or the Carrier's applicable insurer in accordance with the Carrier's Bill of Lading, insurance policy, and applicable law.
Customer must preserve photographs, inspection reports, receipts, communications, and other relevant evidence.
Customer authorizes AAD to provide available Carrier contact and insurance information to facilitate the claim.
The fact that AAD assists Customer with a claim does not make AAD the Carrier, insurer, adjuster, or guarantor of the claim.
AAD and the Carrier are not responsible for delays caused by circumstances beyond reasonable control, including but not limited to:
weather, storms, flooding, fire, road closures, accidents, mechanical breakdowns, government action, regulatory changes, driver shortages, carrier cancellations, traffic, strikes, civil disturbances, natural disasters, port congestion, acts of God, fuel disruptions, unsafe road conditions, or other events outside reasonable control.
Pickup and delivery dates are estimates unless expressly guaranteed in writing.
A delay does not automatically constitute a breach by AAD and does not automatically entitle Customer to a refund of earned brokerage fees.
AAD will use reasonable efforts to communicate material scheduling changes and continue arranging transportation where commercially reasonable.
Customer is responsible for promptly providing accurate information, documents, keys, access, directions, contact information, and payment required for the transportation.
If Customer becomes unreachable, provides inaccurate information, changes the shipment after booking, or otherwise prevents the Carrier from performing, Customer may be responsible for resulting charges, delays, rescheduling expenses, or cancellation amounts.
Customer agrees that AAD may communicate regarding the shipment through the email address, telephone number, SMS number, WhatsApp number, or other contact information provided by Customer.
Customer is responsible for monitoring the contact information supplied to AAD.
Customer must promptly notify AAD of changes to telephone numbers, email addresses, pickup contacts, delivery contacts, or other important information.
Service-related communications may include reservation confirmations, Carrier updates, payment notices, scheduling communications, and other transportation-related information.
Customer expressly agrees that AAD may maintain electronic records relating to the transaction.
Such records may include, to the extent available:
Customer acknowledges that such electronically stored records may be maintained and presented as evidence concerning authorization, performance, communications, cancellation, dispatch status, payment, and other matters arising from the transaction, subject to applicable evidentiary law.
AAD may retain records for the period required by applicable law and may retain records longer when reasonably necessary for legal, accounting, insurance, dispute, chargeback, or business purposes.
Customer agrees to contact AAD promptly before initiating a payment dispute regarding an authorized transaction so that AAD has a reasonable opportunity to investigate and resolve the issue.
A payment dispute, chargeback, or reversal does not automatically cancel Customer's contractual obligations or establish that the transaction was unauthorized.
Where a payment dispute is initiated, AAD may submit relevant transaction records, including the Agreement, Customer's electronic acceptance, payment authorization, invoices, order confirmations, communications, Carrier records, dispatch records, and evidence of brokerage services performed.
Nothing in this provision waives any non-waivable rights or protections provided to Customer by applicable law or applicable payment-card rules.
Customer represents that:
(a) Customer has authority to enter into this Agreement;
(b) information supplied to AAD is accurate to the best of Customer's knowledge;
(c) Customer has authority to authorize transportation of the Vehicle;
(d) Customer has authority to authorize the selected payment method; and
(e) Customer will comply with all applicable laws concerning the Vehicle and its contents.
If Customer is acting for another person or entity, Customer represents that Customer has authority to bind that person or entity.
To the fullest extent permitted by law, Customer agrees to indemnify and hold harmless AAD and its owners, officers, employees, and agents from third-party claims, losses, liabilities, costs, and reasonable expenses arising from:
This indemnification does not apply to liability that cannot lawfully be shifted to Customer.
To the fullest extent permitted by applicable law, AAD shall not be liable for any indirect, incidental, special, exemplary, punitive, consequential, or economic damages, including loss of use, loss of income, substitute transportation expenses, lost profits, diminution in value, inconvenience, or business interruption arising from a Carrier's acts or omissions or from transportation delays.
AAD shall not be liable for physical damage to a Vehicle occurring while the Vehicle is in the possession or control of the Carrier.
To the fullest extent permitted by law, if AAD is determined to have liability arising from its brokerage services, AAD's aggregate liability relating to a particular shipment shall not exceed the amount of the brokerage fee actually retained by AAD for that shipment.
Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited, including liability expressly prohibited from limitation by applicable law.
AAD does not warrant that any Carrier will perform without delay, damage, cancellation, mechanical failure, scheduling changes, or other transportation problems.
AAD's obligation is to provide reasonable brokerage and coordination efforts within the scope of the services purchased.
The Carrier is independently responsible for its transportation performance.
International and ocean transportation may be subject to separate Carrier, ocean freight, customs, port, terminal, governmental, and regulatory requirements.
Customer is responsible for providing accurate documents and complying with applicable export, import, customs, title, registration, and governmental requirements.
Unless expressly stated otherwise in writing, AAD does not guarantee customs clearance, governmental approval, port availability, vessel schedules, or delivery dates for international shipments.
International cancellations may be subject to amounts already committed to carriers, steamship lines, terminals, ports, customs providers, and other third parties.
AAD may decline, suspend, or terminate brokerage services when:
Where termination results from Customer's breach, applicable earned fees and documented non-refundable third-party expenses may remain due, subject to applicable law.
To the fullest extent permitted by law, any dispute, claim, or controversy arising out of or relating to this Agreement, the brokerage services, payment, cancellation, or any Order Confirmation shall be resolved through individual binding arbitration rather than a court proceeding, except for matters that applicable law permits or requires to be brought in court.
The parties intend that the Federal Arbitration Act govern the arbitration agreement to the maximum extent applicable.
Before initiating arbitration, the complaining party should provide written notice describing the dispute and requested resolution and give the other party a reasonable opportunity to resolve the matter informally.
Any arbitration shall be conducted by a neutral arbitrator under the applicable rules of the selected arbitration provider.
To the extent permitted by law, claims shall be brought on an individual basis and not as a class, collective, or representative action.
Nothing in this section prevents either party from seeking temporary or emergency equitable relief where legally available.
Nothing in this section waives any non-waivable statutory rights.
Except to the extent preempted by federal law or otherwise prohibited by applicable law, this Agreement shall be governed by the laws of the State of Colorado, without regard to conflict-of-law principles that would require application of another state's law.
For any matter that is properly brought in court rather than arbitration, and to the extent a particular venue is legally permissible, the parties agree that the state or federal courts located in or serving Denver County, Colorado shall be the preferred venue.
Nothing in this section is intended to deprive a consumer of any venue, jurisdiction, or substantive protection that cannot lawfully be waived.
To the fullest extent permitted by law, the prevailing party in an action or proceeding to enforce this Agreement may recover reasonable attorney fees and costs where permitted by the Agreement, applicable law, or the court or arbitrator.
This provision is intended to supplement, and not eliminate, any rights available under applicable law.
Colorado generally permits contractual fee-shifting provisions when properly drafted, although reasonableness and applicable law still apply.
This Agreement, together with the applicable Order Confirmation, Payment Disclosure, written quote accepted by Customer, and any separately signed or electronically accepted document expressly incorporated by reference, constitutes the entire agreement between Customer and AAD concerning the applicable shipment.
No oral promise, representation, estimate, text message, or informal statement shall modify this Agreement unless the modification is expressly confirmed in writing by an authorized AAD representative.
If there is a conflict between documents, the following order shall generally apply:
General website language does not override a specific written Order Confirmation.
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, that provision shall be modified or severed only to the extent necessary, and the remaining provisions shall remain in full force and effect.
AAD's failure to enforce any provision of this Agreement on one occasion shall not constitute a waiver of AAD's right to enforce that provision in the future.
Provisions concerning payment obligations, cancellation charges, indemnification, limitation of liability, claims, dispute resolution, governing law, attorney fees, electronic records, and other provisions intended by their nature to survive shall remain effective after cancellation, completion, or termination of the transportation order.
By electronically signing, checking the acceptance box, authorizing payment, paying a deposit, or instructing AAD to proceed after receiving this Agreement, Customer acknowledges and agrees that:
CUSTOMER EXPRESSLY ACKNOWLEDGES THAT THESE TERMS CONTAIN MATERIAL LIMITATIONS OF LIABILITY, CANCELLATION TERMS, PAYMENT OBLIGATIONS, AND DISPUTE-RESOLUTION PROVISIONS.
By completing the booking, Customer confirms acceptance of this Agreement.