Terms & Conditions

Pursuant to the terms and conditions of this Vehicle Transportation Agreement (the "Agreement"), Rail Auto Canada 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 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 Rail Auto Canada 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.

The Client appoints Rail Auto Canada Inc. as their authorized representative for the purposes of arranging, coordinating, and accepting vehicle transportation services on the Client's behalf, including engagement of third-party rail carriers and local transport providers.

The Client agrees to release, defend, indemnify, and hold harmless Rail Auto Canada Inc., its contracted carriers, and their respective officers, employees, and agents from and against any and all claims, demands, losses, damages, costs, or expenses arising out of any act or omission of the Client or their designated representatives, including but not limited to the Client's failure or refusal to make the Vehicle available for pickup at origin, or failure to accept delivery at the destination.

The Client acknowledges that any pickup, departure, or delivery timelines communicated by Rail Auto Canada Inc. or its contracted carriers are estimates only and are not guaranteed. Total transit time includes waiting for the next scheduled rail departure (up to 10 days), rail transit, and destination processing (2–3 days).

The Client agrees not to rely on such estimates and acknowledges that Rail Auto Canada Inc. and its carriers shall not be liable for any loss, damage, cost, or expense arising from delays in transit, including but not limited to rental vehicles, loss of use, or missed appointments.

In addition to the agreed transportation charges, the Client acknowledges and agrees that Rail Auto Canada 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.

Additional Costs may include, but are not limited to:

• ›a) Storage charges, commencing five (5) business days after the Vehicle's arrival at a terminal or destination facility;
• ›b) Fuel surcharges or carrier-imposed fuel adjustments;
• ›c) Dead-run fees, where pickup or delivery cannot be completed due to the Client's absence, inaccessibility of the location, or inability to confirm a schedule;
• ›d) Cancellation fees, if the Client cancels the shipment after booking, including administrative and operational costs incurred; and
• ›e) Additional costs, fines, penalties, or accessorial charges arising from site conditions, regulatory requirements, or acts or omissions of the Client.

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 for transport:

• ›a) The Vehicle must be fully operational with functioning brakes and must be able to start and drive onto and off the rail car under its own power;
• ›b) Fuel must be at or below ¼ tank at time of drop-off — this is a rail safety requirement;
• ›c) Electric vehicles: battery must be charged to approximately 85% at drop-off — not fully charged, not near empty;
• ›d) All alarm and anti-theft systems must be fully deactivated. The Company and its carriers shall not be responsible for drained batteries or related issues;
• ›e) The Vehicle must be prepared for the climate conditions of the transit route, including appropriate fluids;
• ›f) All tires must be properly inflated to manufacturer specifications;
• ›g) The battery must be secure and in good working condition. The Client authorizes the carrier to boost the battery if required, without liability;
• ›h) All removable antennas must be lowered or removed;
• ›i) Spoilers, air dams, or low-hanging components must be raised or removed to ensure adequate clearance for loading;
• ›j) All non-permanent racks, carriers, or mounted accessories (roof racks, bike racks, cargo carriers, etc.) must be removed prior to drop-off;
• ›k) No personal belongings may be left inside the Vehicle. The Vehicle must be cleared of all personal items including electronics, clothing, luggage, and valuables. Any items left in the Vehicle are at the Client's sole risk, and the Company and its carriers assume no liability for loss, damage, or theft of such items. Failure to remove personal items may result in refused loading at the terminal;
• ›l) The Vehicle must have a minimum of 6 inches of ground clearance to accommodate rail loading ramps; and
• ›m) Vehicles with major exterior modifications (lift kits, wide-body kits, extended bumpers, or anything exceeding standard dimensions) may not be accepted. Such vehicles must be disclosed and approved in advance.

Failure to comply with these requirements may result in refusal of transport, delays, additional charges, or cancellation, for which the Client remains fully responsible.

The Company ships 4-wheeled personal passenger vehicles only. The following are not accepted: motorcycles, commercial vehicles, cargo vans, work vans, vehicles older than 25 years, non-operational vehicles, and vehicles with flood or water damage.

Rail Auto Canada Inc. reserves the right to immediately suspend or terminate this Agreement, without liability, if the Client breaches any term or condition of this Agreement.

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.

While the Vehicle is in transit, Rail Auto Canada Inc., through its contracted carriers, shall be liable only for physical damage to the Vehicle directly resulting from:

• ›a) a major collision involving the Vehicle and another vehicle or object; or
• ›b) loss of, or damage to, the Vehicle caused by derailment, fire, or theft during transport.

Any approved transport-related damage is subject to a CAD $750.00 deductible, payable by the Client.

If liability is accepted, the Company's responsibility shall be limited strictly to the reasonable cost of repair and shall not extend to replacement, diminished value, loss of use, or any indirect or consequential damages.

Rail Auto Canada 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:

• ›a) Mechanical or electrical defects, including exhaust, suspension, brakes, batteries, electrical components, drivetrain, or steering;
• ›b) Industrial pollution, environmental fallout, or airborne contaminants;
• ›c) Loss of or damage to personal belongings or articles left in or on the Vehicle;
• ›d) Pre-existing conditions, including any nick, scratch, chip, crack, or other imperfection documented at check-in;
• ›e) Minor scratches, dents, chips, or scuffs attributable to normal wear during transit or not visible due to weather or vehicle cleanliness at origin;
• ›f) Undercarriage damage of any kind;
• ›g) Loss of or damage to aftermarket or non-factory accessories, unless expressly noted on the Vehicle Condition Report;
• ›h) Loss or damage resulting from any act, omission, or default of the Client;
• ›i) Loss or damage resulting from any defect, weakness, or inherent vice of the Vehicle;
• ›j) Loss or damage caused by acts of God, governmental actions, quarantine, riots, strikes, civil disturbance, adverse weather, or events beyond reasonable control;
• ›k) Indirect, consequential, punitive, or exemplary damages, including loss of use or diminished value; and
• ›l) 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 destination.

The Company and its carriers shall not be liable for any loss or damage unless such loss or damage is clearly noted on the Vehicle Release Form at the time of delivery.

Noting damage on the Vehicle Release Form does not constitute automatic acceptance of liability.

Any claim for transport-related damage must be submitted in writing within five (5) business days of delivery, accompanied by pre-shipment photographs as evidence, and in accordance with the Company's claims procedure. Claims submitted outside this timeframe will not be accepted.

Full payment is required prior to shipment. Vehicles will not be released to the carrier until payment has been received and confirmed. Payment is processed through the client portal at shipmycar.railautocanada.ca.

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.