Terms and Conditions
for Shipping Agreement.
This agreement is exclusively between the customer and his/her or its duly authorized agents, (hereinafter referred to as “Customer”), and Gary’s Towing Inc. (GN Towing)
Contract Terms and Liability Provisions:
Customer Agrees as Follows:
All dates and assertions made by Gary’s Towing are approximations. Gary’s Towing Inc. does not guarantee pickup dates, delivery dates, transit times, and wait times. Interruptions may occur before, and/or during, transportation due to road conditions, mechanical issues, weather, etc. There are no guarantees pertaining to pick-up or delivery dates.
Gary’s Towing Inc. shall not be held responsible for financial loss or damages caused by delays for any reason, including but not limited to, car rental or any accommodation fees.
Customer is responsible for preparing the vehicle/equipment to be shipped, unless previously agreed upon.
Any non-running vehicle/equipment that was not previously disclosed at the time of booking will be charged an additional $300.00 + HST CDN. If a vehicle/equipment becomes inoperable during transportation, these fees, plus any additional fees required to complete delivery will be added to the shipping fees and added to the Customer’s account. All fees must be paid before delivery. Depending on the vehicle’s pickup/delivery location, we may not be able to proceed with delivery if the vehicle becomes inoperable.
Customer shall remove all non-permanent racks before shipment.
All loose parts, fragile accessories, low-hanging spoilers, etc. must be removed or secured. Any part of the vehicle/equipment that falls off during transport is Customer’s responsibility including damages caused by said part to any vehicles/equipment and/or person involved.
If there are special instructions for operating the vehicle/equipment, please send instructions in writing with the completed Shipping Agreement.
The vehicle/equipment must be in good running condition unless otherwise noted on the Shipping Agreement form.
Any vehicles/equipment with less than 6 inches of ground clearance must be declared at the time of booking.
Vehicle/equipment fluids must not be leaking. Clean-up costs will be the responsibility of Customer.
All vehicles/equipment must have a working foot brake and parking brake/e-brake unless otherwise agreed upon.
Gary’s Towing Inc. agrees to transport Customer’s vehicle/equipment between the origin and destination listed on the Shipping Agreement. It is the Customer’s responsibility to ensure that the locations are commercially located. Gary’s Towing Inc. can only deliver to locations that are legally able to and safe. A mutually agreed upon place to load/unload the vehicles/equipment may be necessary.
Customer agrees that Gary’s Towing Inc. reserves the right to cancel any order for any reason at any time.
Gary’s Towing Inc. is not liable for loss or damage to personal property nor for damage to vehicles/equipment caused by excessive or improper loading of personal items.
ALL fees must be paid before shipping of motor vehicle/equipment unless otherwise authorized by Gary’s Towing Inc. Customer warrants that he/she will pay the full transportation price due to Gary’s Towing Inc. in full at the time of loading and will not try to offset any dispute for damage claims and/or delays etc. from transportation fees. If payment cannot be made, the vehicle will be stored at Customers expense until full payment has been made. Shipping agreement will be placed at the bottom of the queue.
At the time of delivery, Customer and Gary’s Towing Inc. will carefully inspect the vehicle/equipment for possible damages incurred during transportation. Gary’s Towing Inc. and Customer will both recognize the condition of the vehicle/equipment.
Damage must be noted in the proper place on the Inspection Form and signed by Customer regardless of weather conditions, time of day or day of week. Signing the Inspection Report without notation of any damage verifies that Customer has received her/his vehicle/equipment in satisfactory condition and that Gary’s Towing Inc. and their carriers are relieved of any further responsibility.
Following completion of the Inspection Form, all claims must be submitted to Gary’s Towing Inc. in writing by email within 24 hours of delivery.
Customer shall, in their absence, designate a person(s) to act as their agent(s) at the point of pickup and/or delivery if for any reason they are unavailable. The persons listed at the point of origin and point of destination are appointed agents to release vehicles/equipment, approve charges, accept delivery, and release Gary’s Towing Inc. and Driver from any claims upon acceptance of delivery.
Gary’s Towing Inc. is not responsible for any events that are unavoidable or beyond its reasonable control including but not limited to Acts of God, Acts of the Queen’s enemies, floods, hail, rockslides, snow slides, washouts, avalanches, storms, earthquakes, expropriation, fire or explosion, strikes, lockouts, walkouts, industrial disputes, war, sabotage, riot, insurrection, derailment, labor shortages, power or fuel shortages, or act of failure to act of any government or regulatory body. Normal wear and tear items such as dings, chips, and minor scratches. Damage to Windshields or any other auto glass. Damage to antennas that do not retract to within three inches of the vehicle/equipment body. Damage caused by leaking fluids, battery acids, cooling system anti-freeze, industrial fallout, or fallout resulting from acts of God. Vehicle body-kits that crack or come apart during transportation. Damage or loss of license plates, tire covers, and other accessories. Any damage to the underside or bottom of vehicles/equipment with under six-inch road clearance.
The Shipping Agreement, everything outlined on this page, and each of the documents contemplated by or delivered under or in connection with the Shipping Agreement are governed by and are to be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein and treated in all respects as an Ontario contract.
Neither party may assign, directly or indirectly, all or part of its rights or obligations under the Shipping Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.
Invalidity or unenforceability of one or more of the provisions in the Shipping Agreement, this agreement, shall not affect any other provisions of this Agreement.
Legal Authority to Transport – Customer affirms that they have the legal authority to transport the vehicle/equipment in question.
Third Party Tracking Devices:
Any third-party tracking devices, including Apple AirTags or similar devices, must be disclosed to Gary’s Towing Inc. before shipping as these pose potential safety and privacy issues for all vehicles/equipment, customers, and carriers involved.
If a tracking device is not disclosed but is found inside the vehicle/equipment, Gary’s Towing Inc. may dispose of the device.
Customer warrants that he, she or it has read this agreement in its entirety and by continuing with the transaction, fully understands and agrees to its terms. Further, Customer waives any claims or defenses based in whole or in part on not reading, knowing, or understanding these terms and conditions and agrees to indemnify and hold harmless Gary’s Towing Inc. for any fees or costs, including attorney’s fees and costs, arising out of any claims or defenses asserted based upon not reading, having knowledge of, or understanding these terms and conditions.
Cancellation & Refund Policy
The option to cancel a shipping order is available at any time, at no cost and with no cancellation fee, if the order has not yet been dispatched. Our services are considered rendered when a driver and truck are assigned.
Refunds will be processed on the following Wednesday after the cancellation request.
Cancellation of an order must be submitted in writing via email sent to haul@garystowingxpress.com. Gary’s Towing Inc. does not accept, or honor cancellations made via phone call.
If Customer decides to cancel the shipping order after dispatch, a $300 CAD + HST cancellation fee will be applied, plus any applicable fees, as our services have been rendered. Any remaining balance will be refunded in full.
If Customer cancels an order after a payment has been processed, a $50 CAD + HST fee may be applied.
When you sign the Shipping Agreement and return it to Gary’s Towing Inc., you are agreeing to the above in full.