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Terms of Service

  1. TERMS OF SERVICE

These “Terms of Service” govern Services (defined herein) provided to Customer by an ACERTUS company, which includes but is not limited to Metrogistics LLC, Amerifleet Transportation, Inc., Metro Title Services, LLC, and ACERTUS Recovery, Inc. (together “ACERTUS” and each an “ACERTUS Company”). “Customer” is the individual, company or other entity, including their respective agents or representatives, ordering Services.

By clicking “I accept”, requesting, or otherwise receiving Services Customer automatically agree to these Terms of Service, our Privacy Policy, and Terms of Use unless and to the extent expressly superseded or waived in a transportation contract signed by an authorized representative of ACERTUS and Customer. 

These Terms of Service may be updated from time to time. ACERTUS may provide notice of changes but Customer should review these Terms of Service on a regular basis.  Customer’s use of Services shall constitute consent to these Terms of Service and any changes thereto.

  1. SERVICES

Car Haul Services:  When performing car haul services for or on behalf of Customer, ACERTUS will arrange for the transportation of vehicles by motor vehicle for or on behalf of Customer as a broker defined in 49 § U.S.C. 13102(2). When providing car haul services:

  1. ACERTUS will maintain a broker’s surety bond in at least the minimum amount required by law.
  2. ACERTUS’s sole responsibilities, with respect to the selection and retention of carriers, is to make reasonable efforts to place Customer’s loads with carriers who have agreed to the following:
    1. Legally licensed under applicable state and federal law to provide transportation services;
    2. Does not have an “unsatisfactory” safety rating issued by the United States Department of Transportation; and
    3. Have insurance in compliance with applicable laws.

Drive Away Services:  When providing drive away services for or on behalf of Customer, ACERTUS drivers will transport vehicles under the vehicles own power: 

  1. ACERTUS will provide a professional licensed driver to move a vehicle from an agreed upon pickup point to an agreed upon delivery destination.
  2. To the extent drive away services involve a commercial motor vehicle as defined by 49 § C.F.R. 395.5 and ACERTUS acts as a motor carrier as defined in 49 § U.S.C. 13102(14) ACERTUS will maintain active motor carrier authority with the United States Department of Transportation (“USDOT”), a satisfactory safety rating as issued by the USDOT, and insurance levels in compliance with all applicable laws.
  3. ACERTUS shall transport vehicles on or about the dates requested with reasonable dispatch. ACERTUS agrees to make commercially reasonable efforts to timely pickup and deliver vehicles, however, ACERTUS cannot guarantee specific dates or times. This includes no reimbursement for car rental fees, storage fees, and/or depreciated value resulting from delay, damage or accident. 

Storage Services: When providing storage services for or on behalf of Customer:

  1. ACERTUS will provide vehicle storage for an agreed upon amount of time, subject to availability. Availability may depend on factors including the location, type of vehicle, and/or the duration of storage.
  2. Access to an ACERTUS storage location is at ACERTUS’s sole discretion. ACERTUS shall not be liable whatsoever to the Customer, its employees, representative or agents for any personal injury or property damage arising from Customer’s access to a storage facility from any cause whatsoever.
  3. ACERTUS may exercise any rights or remedies available at law or in equity, including remedies available as a lienholder, to satisfy unpaid storage fees, dispose of abandoned vehicles, or settle other charges due to ACERTUS under this Agreement. Customer shall be liable for all moving, storage and/or sales costs (including reasonable attorneys’ fees) associated with the sale of a Customer vehicle.

Electric Vehicle Services: When providing electric vehicle (“EV”) services for or on behalf of Customer:

  1. ACERTUS is not responsible for damage resulting from the charging of vehicles. The speed and total charge may vary due to battery capacity, temperature, battery age, vehicle efficacy, vehicle usage, and power output of the charging station. Chargers are intended for original equipment manufacturer vehicles and not modified vehicles.
  2. Unless otherwise agreed to in writing, all EV’s will undergo periodic service and exercise to maintain battery health. ACERTUS may charge EV’s on and off-site depending on availability.

Care Services: When providing care services:

  1. Except for some vehicle washes, pre-delivery inspections, or EV charging, ACERTUS’s role is only to arrange for vehicle care services via outside providers, subcontractors, or vendors, either at an ACERTUS or services provider location. ACERTUS will use legally licensed and competent providers with the expectation that care services will be performed in a timely and professional manner.
  2. For Customer’s convenience, ACERTUS may pay for care services on behalf of Customer. Customer agrees to reimburse ACERTUS for such pass-through fees.
  3. Warranty for services, products or parts will be limited to the warranty extended by the service provider or manufacturer of the product or part. ACERTUS shall not be responsible and/or liable for any loss, damage or cost resulting from the defective and/or failed services, recalls, products, or part and Customer shall release, indemnify and hold harmless ACERTUS from all claims arising therefrom, including, but not limited to, any claims against ACERTUS from operation of the vehicle in question.

Title and Registration: When providing vehicle title and registration services:

  1. ACERTUS will prepare documents necessary to secure requested registration, titling, permitting, or taxation of vehicles.
  2. Estimated tax liabilities provided by ACERTUS are estimates only. Customer is responsible for additional taxes or fees in excess of the estimate due to the governing agency’s actual charges, duties, taxes or any fee required to register and/or title a motor vehicle.
  3. ACERTUS shall not be responsible for, or bear any liability for any damages or losses caused, directly or indirectly, from inaccurate or errant information, data, or documents submitted or provided by Customer.

 

  1. CUSTOMER RESPONSIBILITIES

Car Haul Services: When requesting car haul services: 

  1. Customer warrants that it is the registered legal owner of the vehicle or it has been authorized by the legal owner.
  2. Customer shall ensure vehicles to be shipped hereunder are available for pick-up at the time and location designated and shall immediately notify ACERTUS if any vehicle will not be available for pick-up.
  3. Customer shall ensure that any personnel required to provide access to or inspect vehicles for pick-up or drop-off are present and able to facilitate the same.
  4. Customer shall not submit any information that is inaccurate or untrue and shall not use Services for any unlawful or illicit purpose.
  5. The Customer’s insertion of ACERTUS’s name on the bill of lading or other shipping documents shall be for Customer’s convenience only and shall not change ACERTUS’s status as a broker. Neither the terms and conditions of any bill of lading, goods receipt, or other freight documentation nor the alleged conduct of ACERTUS, Customer, or the carrier alter, or modify this Agreement or change ACERTUS’s status from a property broker.

Drive Away, EV, Storage, and Care Services: When requesting drive away services

  1. Customer warrants that it is the registered legal owner of the vehicle or it has been authorized by the legal owner.
  2. Customer shall ensure vehicles are available for pickup at the time and location designated and shall immediately notify ACERTUS if any vehicle will not be available for pickup.
  3. To the extent applicable, Customer shall ensure the vehicle be mechanically sound and meets all applicable FMCSA safety criteria.
  4. Customer shall ensure that any personnel required to provide access to or inspect vehicles for pickup or drop off are present and able to facilitate the same.
  5. Customer shall not submit any information that is inaccurate or untrue and shall not use Services for any unlawful or illicit purpose.

Title and Registration Services: When requesting title and registration services: 

  1. Customer will promptly provide any information or documents that ACERTUS may reasonably request and are necessary for the processing and issuance of titles, registrations, and/or permits. This includes the manufacturer statement of origin and bill of sale for a newly purchased vehicle.
  2. Customer will not transmit to ACERTUS any information or documents that Customer knows, or should know in the exercise of reasonable care, contain false or inaccurate information.
  3. Customer will perform its obligations in compliance with all applicable federal, state, and local laws.
  4. Customer will execute and deliver to ACERTUS any instrument or document reasonably necessary to evidence that ACERTUS or its duly authorized personnel are authorized to conduct transactions or to file or submit documents to any governmental office or agency to effect or complete the Services, including, but not limited to, a limited power of attorney.


  1. CORE SERVICE TERMS

Except as otherwise agreed in writing by Customer and ACERTUS hereunder, the following terms shall apply to all Services provided hereunder:

  1. Customer shall disclose to ACERTUS any additions on the vehicle that may affect the cost of transportation (i.e. camper, roll bars, lift kit, raised roof van, etc.) (“Additions”).  To the extent the Customer fails to disclose Additions, the Customer agrees that ACERTUS may charge additional transportation fees.
  2. Should any vehicle become inoperable during transport due to no fault of ACERTUS or the carrier, ACERTUS may charge an additional inoperable fee (i.e. vehicle cannot be removed from a transporter under its own power). Such fee will vary based on the circumstances causing the inoperability and additional costs incurred in delivering said vehicle.
  3. ACERTUS may, at its sole discretion, subcontract Services hereunder.
  4. All detachable personal or household belongings must be removed from the vehicle. In no event shall ACERTUS or the carrier be responsible for loss or damage of any such contents. ACERTUS and the carrier may refuse to provide Services until such items are removed from a vehicle.
  5. Customer acknowledges that a carrier (car haul) or an ACERTUS driver (drive away) may operate a vehicle in any manner necessary to fulfill the obligations. In the unlikely event a carrier or driver cannot take possession or deliver the vehicle due to natural or man‐made obstructions a origin or destination (i.e. low hanging tree, dead end or narrow street, cul-de-sac, low clearance, crosswalk, street closing, construction, etc.), carrier or driver and Customer or its representative shall meet at an agreed upon location to take possession or delivery the vehicle. Unless otherwise agreed to, the Parties agree such changes will not affect the cost of Services.
  6. Customer or its representative must inspect the vehicle with the carrier and fill out a vehicle condition report prior to transportation. This is critical to ensuring that all damages are noted, prior to the vehicle leaving the origin.
  7. At destination, Customer or its representative must identify any damage to any vehicle by noting the damage on the Bill of Lading (“BOL”) or electronic condition report.
  8. Customer may cancel the order by reaching out to its account representative prior to dispatched status at 877-571-6235.

 

  1. TERM

ACERTUS reserves the right, in its sole discretion, to refuse or cancel Services at any time.  ACERTUS does not owe any obligation of performance under this Agreement, except for (i) such Services undertaken but not yet satisfied and (ii) such obligations expressly stated to survive pursuant to the terms hereof.

  1. PAYMENT TERMS

This Agreement shall apply to Services provided by ACERTUS to Customer in accordance with rates and/or charges agreed to by the Parties through written agreement, email correspondence, fax transmission, text message, other electronic transmission or verbal communication. Unless agreed to otherwise in writing, payment is due within thirty (30) days of ACERTUS’s invoice date with the understanding that credit is extended by ACERTUS in its sole discretion. Payment for any pass-through fees (i.e. state licensing, permits, taxes, certain care services, and other fees) shall be due and payable by Customer upon receipt of an invoice. In the event Customer breaches its payment obligations hereunder, ACERTUS may retract such credit and any outstanding amounts become due .  Claims against ACERTUS of any kind may not be deducted from charges.

In the event Customer fails to pay an invoice within thirty (30) days of receipt thereof, Customer shall be in default of its payment obligations and shall pay to ACERTUS a late fee of one and one-half percent (1.5%) of the unpaid amount for each month such amount remains unpaid.

  1. CLAIMS FOR LOSS, DAMAGE, OR DELAY

ACERTUS in its sole discretion determines that loss or damage is valid and may advance payment of the cargo claim in accordance with the following criteria and limitations:

  1. Whether acting as a broker or carrier, ACERTUS’s payment of a claim for cargo loss or damage is subject to the provisions of 49 § U.S.C. 14706 and 49 § C.F.R. Part 370. Unless otherwise agreed to by the Parties in writing the ACERTUS payment of a cargo loss or damage claim is subject to all defenses available to an underlying carrier arising by operation of law, contract, or otherwise and is subject to a maximum liability of:
    1. For vehicles with an invoice value of $150,000 or less ACERTUS’s liability shall not exceed $150,000 per vehicle or $1,000,000 per occurrence.
    2. For vehicles with an invoice value above $150,000:
      1. Drive Away: When performing drive away services, ACERTUS’s liability shall not exceed $150,000 per vehicle.
      2. Brokerage: When acting as a broker, the underlying carrier is directly and solely responsible for loss and damage caused by or related to transportation. ACERTUS will assist Customer in making its claim against the carrier and will keep Customer advised of the pending claim.
    3. While acting as a broker, it is understood that in addition to requiring its carriers to maintain cargo insurance, ACERTUS also maintains contingent and primary cargo liability insurance to cover lost, stolen, or damaged vehicles up to $1 million per occurrence. 
    4. Notwithstanding anything in Section 7(a), ACERTUS’s liability will not exceed $1 million per occurrence, regardless of the value of vehicle(s) or mode of transportation.
  2. The rates provided to the Customer are predicated on limits of liability herein and Customer acknowledges that ACERTUS has made available to Customer the opportunity to pay a higher rate and obtain greater levels of liability for cargo loss or damage. In order for Customer to obtain greater levels of liability for cargo loss or damage, Customer must notify ACERTUS in writing of a higher requested maximum liability prior to shipment, ACERTUS must advise Customer the costs of the higher maximum liability, and Customer must agree in writing and actually pay the additional cost.
  3. Customer hereby waives any damage claims that are not noted on the BOL or for which Customer has not submitted on a timely basis. Unless agreed to in writing, ACERTUS shall not be liable directly, in subrogation, or by assignment to any insurance company for claims paid by the Customer.  

 

The following terms govern the process and procedures required of Customer to submit and resolve claims for loss or damage:

  1. Customer must submit a claim to ACERTUS within nine (9) months of delivery (or the bill of lading “BOL” date in the event of non-delivery) by filing a claim at claims@ACERTUSdelivers.com. If a vehicle is delivered after hours and cannot be inspected by Customer or it’s representative the vehicle will be subject to inspection (“STI”). Customer must inspect and notify ACERTUS of damage within twenty-four (24) hours of a STI delivery. If damage is hidden or concealed (“Concealed”) at the time of delivery, Customer must notify ACERTUS within two (2) business days of delivery. If Customer fails to notify ACERTUS of STI or Concealed damage as provided herein, the Customer has the extra burden of proof to prove the damage did not occur after delivery and the claim is subject to denial.
  2. All cargo loss or damage claims must be in writing and contain sufficient information to process the claim, including:
    1. Photos of damage,
    2. Copy of BOL, electronic condition report, or other delivery document with damages notated, and
    3. Claim for a specified or determinable amount of money which may include an estimate for repairs (may be submitted separately).
  3. Upon filing a claim, ACERTUS shall handle damage claims. ACERTUS will investigate once a claim is received and endeavor to resolve within twenty (20) days of the date all required paper-work is received. A major damage claim (resulting in repairs of more than $1,500) may take longer than twenty (20) days.
  4. Any legal action for cargo loss or damage against ACERTUS must be filed within two (2) years from the first disallowance of any part of the claim by ACERTUS.
  5. To the extent ACERTUS pays any amount to Customer or other interested party in connection with a cargo loss, damage, or delay claim, Customer and/or such other interested party shall automatically assign ACERTUS all rights and interests in such claim against any interested party up to the amount of such payment and any expenses therefrom. Services provided hereunder shall be deemed an assignment of such claims.

  1. INDEMNIFICATION

Each Party shall defend, indemnify, and hold harmless the other Party, its employees, agents, representatives, successors, and assigns from and against any claim (excluding claims for cargo loss, damage, and/or delay), cause of action, judgment, proceeding, liability, damage, cost, or expense (including but not limited to reasonable attorneys’ fees) incurred by or imposed upon the other Party in connection with or as a result of any claim, cause of action, proceeding, or demand upon the other Party arising out of the first Party’s negligent, grossly negligent, or intentionally wrongful acts or omissions during its course of performance under this Agreement.  

  1. FORCE MAJEURE

Neither Party shall be liable for any claim of loss, damage, delay or be deemed to be in default under this Agreement if such loss, damage, delay or failure to perform is caused by unforeseeable events outside the claiming Party’s control, including but not limited to: acts of God, virus, bacterium, natural disasters, damaging weather events (such as hailstorms, lightning strikes, tornadoes, high winds, etc.), floods, fires, strikes, embargoes, war, insurrection, terrorism, riot or other cause beyond the reasonable control of the affected Party (“Force Majeure Event”). Any delay or interruption resulting from any of the causes indicated above shall extend performance for a like period.  If a Party is affected by a Force Majeure Event, it will (a) promptly provide notice to the other Party and (b) use its best efforts to remedy any interruption or delay if it is reasonably capable of being remedied. 

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL ACERTUS’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNTS PAID OR PAYABLE TO ACERTUS DURING THE SIX (6) MONTHS PRIOR TO THE EVENT(S) GIVING RISE TO SUCH LIABILITY, NOT TO EXCEED $1 MILLION. THE LIMITATIONS HEREIN SHALL NOT APPLY WITH RESPECT TO CLAIMS OR DAMAGES ARISING OUT OF OR FOR BREACH OF CONFIDENTIALITY OR A PARTY’S GROSS NEGLIGENCE OR INTENTIONALLY WRONGFUL ACTS.

  1. CONFIDENTIALITY

For purposes of these Terms of Service, the term “Confidential Information” means all written non-public information of a Party including, but not limited to, pricing, data, know-how, technical and non-technical materials, business plans, strategies, proprietary technology and financial information which one Party delivers or discloses (the “Disclosing Party”) to the other (the “Receiving Party”) pursuant to these Terms of Service, irrespective of whether such information is stamped or marked “Confidential,” and all oral information which the Disclosing Party declares to be confidential and confirms such declaration in writing within thirty (30) days of disclosure.

 

Confidential Information shall not include any information that: (1) is publicly known or available through no fault of the Receiving Party; (2) is independently developed without information provided by the Disclosing Party; (3) is received by the Receiving Party from a third party under no obligation of confidentiality to the Disclosing Party; or (4) is required to be disclosed by order of court or governmental agency; provided, however, that Receiving Party will notify the Disclosing Party of such order in sufficient time for the Disclosing Party to seek a protective order.

 

A Receiving Party shall use Confidential Information only for the purpose of performing its obligations hereunder and for no other purpose. A Receiving Party shall exercise that degree of care to protect the Confidential Information disclosed by a Disclosing Party as the Receiving Party would exercise in protecting its own Confidential Information from disclosure. The Receiving Party shall not disclose or provide any Confidential Information of a Disclosing Party, or any summary or derivative thereof, to any third party without the express prior written consent of the Disclosing Party. A Receiving Party may disclose Confidential Information only to those employees, officers, directors, agents, equity holders, advisors (including but not limited to legal counsel, consultants, accountants, and financial advisors) that need to know such information to facilitate the purpose of these Terms of Service and if such individuals are bound by confidentiality obligations similar to the obligations hereunder. Receiving Party shall be liable for any unauthorized disclosure of Confidential Information by such third Parties.

 

The Parties agree that the breach or threatened breach by the Receiving Party of any obligation with regard to Confidential Information shall entitle the Disclosing Party to seek injunctive relief in addition to any other remedy available to the Disclosing Party under law.

Upon the written request of a Disclosing Party, the Receiving Party shall promptly return or destroy (as requested by the Disclosing Party) all copies of such Disclosing Party’s Confidential Information, except where return or destruction is not feasible, in which case, the Receiving Party shall be bound to the safeguards applicable to Confidential Information with respect to such retained information for so long as such Confidential information is retained.

  1. ASSIGNEMENT

Notwithstanding the restrictions on assignment herein, for the avoidance of doubt, any Services to be performed may be performed or provided by the ACERTUS Company that ACERTUS deems best fit or most suitable therefor shall not constitute impermissibly subcontracting or assigning such work without Customer’s prior written consent.

  1. ENTIRE AGREEMENT

Unless and to the extent expressly superseded or waived in a transportation contract signed by an authorized representative of ACERTUS and Customer, these Terms of Service, together with any applicable agreed upon pricing, sets forth the entire agreement between Customer and ACERTUS as to its subject matter, and supersedes and replaces any prior understanding or agreement between the parties with respect to the same. There are no representations, warranties, understandings or agreements between the parties other than those expressly set forth in these Terms of Service or the applicable SOW. None of the terms of these Terms of Service shall be amended except in a writing signed by both parties.

  1. WAIVER

No failure or delay in requiring strict compliance with any obligation of these Terms of Service(or in the exercise of any right or remedy provided herein) and no custom or practice at variance with the requirements hereof shall constitute a waiver or modification of any such obligation, requirement, right or remedy or preclude the exercise of any such right or remedy or the right to require strict compliance with any obligation set forth herein.

  1. AUTHORITY AND COMPLIANCE

Each Party represents and warrants that it has the right and authority to enter into and perform its obligations under these Terms of  Service. Both Customer and ACERTUS will perform all of its obligations under these Terms of Service in accordance with all applicable governmental laws, rules and regulations. 

  1. CHOICE OF LAW

These Terms of Service and any negotiations for Services between ACERTUS and Customer are deemed to have been conducted within the state of Kansas. This Agreement and the dealings of Customer and ACERTUS shall be construed in accordance with federal laws regarding transportation and otherwise by the laws of the State of Kansas.  The Parties expressly submit to the jurisdiction of the Courts of the State of Kansas and the United States District Court for the District of Kansas.

  1. CLASS ACTION WAIVER

You understand and agree that you may only bring a lawsuit against ACERTUS in an individual capacity and not on a class, collective action, or representative basis. You understand and agree that you are waiving the right to pursue or have a dispute resolved as a plaintiff or class member in any purported class, collective or representative proceeding, except where such waiver is prohibited by applicable law. The court shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The court shall have no authority to consider or resolve any claim or issue any relief on a class, collective, or representative basis.

  1. TEXT MESSAGES

You agree to receive text messages from ACERTUS. Text messages may be updates or notifications. Message & data rates may apply. Message frequency varies. See the Privacy Policy and Terms of Use for additional terms. Reply to text messages with HELP with any questions. Unsubscribe from text messages at any time by replying STOP.