Terms and Conditions

12.1 Hazardous Materials, Dangerous Goods & Prohibited Cargo

Customer warrants that no vehicle or cargo tendered to Seaway Export contains hazardous materials or dangerous goods of any kind, including but not limited to flammable liquids or gases, undeclared fuel above permitted limits, lithium batteries not installed to OEM specification, chemicals, solvents, pressurized containers, explosives, ammunition, narcotics, controlled substances, or any item classified as hazardous, restricted, or prohibited under U.S. DOT, CBP, TSA, FMC, IMO, IMDG, or port regulations.

Customer agrees to fully indemnify Seaway Export for all damages, penalties, fines, cleanup costs, environmental charges, port fees, storage, or government actions arising from prohibited or undeclared hazardous items discovered within the cargo.

If hazardous or prohibited materials are discovered at any time, Seaway Export may immediately refuse, halt, or cancel service. Cargo may be seized, destroyed, or quarantined by port or government authorities. Customer remains responsible for all associated costs.

12.2 Fluid Leaks, Unsafe Vehicles & Environmental Compliance

Customer acknowledges that all vehicles must be delivered in a safe, non-leaking, and environmentally compliant condition. Any vehicle exhibiting oil leaks, coolant leaks, transmission or brake fluid leaks, fuel leaks, battery acid leakage, structural instability, broken glass, unsafe tires, or any other condition that poses a safety or environmental risk may be rejected or quarantined at Seaway Export's discretion.

Customer is responsible for all environmental cleanup costs, absorbent materials, EPA or port fines, hazardous handling fees, storage, labor charges, and delays caused by vehicles delivered in an unsafe or non-compliant condition.

Seaway Export shall bear no liability for delays, port holds, cleaning charges, or government actions resulting from such conditions.

12.3 Right to Inspect, Refuse, or Halt Processing

Seaway Export reserves the right, in its sole discretion, to inspect, refuse, halt, or cancel processing of any cargo at any time if Seaway Export determines that the cargo poses a safety risk, regulatory risk, environmental hazard, documentation deficiency, misrepresentation, or operational burden.

Seaway Export may require corrective action, supplemental fees, reclassification, additional documentation, or alternative arrangements before the cargo is accepted or processed. Customer shall be responsible for all related costs.

15.1 Damage Waiver

Customer waives all claims for damage, loss, or theft unless caused solely by Seaway Export's proven negligence while the cargo is in Seaway Export's direct physical custody. Seaway Export is not liable for personal belongings, aftermarket parts, loose items, tools, or any undeclared contents placed inside the vehicle. Customer agrees not to ship contraband and shall fully indemnify Seaway Export against all penalties, losses, and liabilities arising from prohibited or undeclared cargo.

Seaway Export does not perform cargo valuation, diminished-value assessments, resale impact evaluations, or damage appraisals of any kind, and shall not be liable for any alleged decrease in market value, cosmetic depreciation, or loss of commercial opportunity.

15.2 Normal Movement, Shifting, and Cosmetic Wear Disclaimer

Customer acknowledges that loading, securing, transporting, and unloading vehicles inside ocean containers involves natural and unavoidable forces including vibration, compression, shifting, strap tension, forklift handling, and physical contact with loading equipment and/or adjacent vehicles. Accordingly, the following conditions are expressly defined as normal and are not considered damage or grounds for any claim:

• minor rub marks, friction marks, or strap/lashing impressions
• light abrasions to paint, plastic, tires, or interior panels
• dust, dirt, or residue associated with port or warehouse operations
• cosmetic scuffs or marks that do not affect structural integrity
• slight bumper contact, light scraping, or paint transfer that does not penetrate the coating
• interior rattling, movement, or wear caused by vehicle motion in transit
• marks resulting from shifting within the container due to ocean conditions

These conditions arise from ordinary marine transit forces and do not constitute negligence, improper loading, or mishandling.

Customer agrees that such cosmetic conditions are excluded from liability under this Agreement, and no claims shall be accepted for cosmetic wear, contact marks, or any non-structural aesthetic conditions.

15.3 Load Configuration, Vehicle Positioning, and Container Utilization

Customer acknowledges that all decisions regarding the method, sequence, placement, arrangement, and configuration of vehicles and cargo inside a container—including, but not limited to, upper or lower positioning, proximity to walls or other cargo, spacing, lashing, strapping, and the selection of equipment—shall be made exclusively by Seaway Export in its sole judgment. Customer understands that such decisions are operational in nature and may depend upon safety considerations, equipment availability, the condition of the vehicles, dimensional constraints, and the professional discretion of Seaway Export's loading personnel. Accordingly, Seaway Export does not guarantee any particular load configuration, does not accept customer requests regarding placement as binding, and shall have no liability for alleged inefficiencies, unused space, or claims that additional vehicles could have been loaded.

Customer expressly waives any claim alleging that a different load configuration, arrangement, or orientation would have prevented cosmetic marks, shifting, or other conditions inherent to containerized transport. Seaway Export shall not be responsible for any assertion that a vehicle should have been loaded in a preferred position, that a different combination or order would have produced a different outcome, or that the loading configuration affected resale value or damage probability. Customer further acknowledges that all dimensions, modifications, and vehicle fitment characteristics are the responsibility of the Customer, and any vehicle found to be oversized, mismeasured, or otherwise incompatible with standard loading parameters is accepted solely at Customer's risk. All loading decisions by Seaway Export are final, non-negotiable, and shall not constitute grounds for any dispute, reduction of charges, refund, or claim of any kind.

15.4 Auction Photos, Listing Descriptions, and Condition Representations

Customer understands and agrees that all photographs, descriptions, condition reports, disclosures, damage notes, odometer statements, mechanical assessments, and any other information provided by auction facilities or sellers are created and supplied solely by those third parties, and are not reviewed, verified, confirmed, or authenticated by Seaway Export. Auction photographs are often incomplete, taken from limited angles, affected by lighting or shadows, and may omit material defects. Customer acknowledges that auction listings frequently fail to disclose mechanical issues, prior damage, missing parts, undercarriage or frame concerns, and other conditions that may be unknown at the time of purchase.

Seaway Export disclaims all responsibility for the accuracy, completeness, or reliability of any auction-provided images or descriptions and shall not be held liable for any pre-existing damage, undisclosed defects, incorrect "run and drive" designations, or any misrepresentation made by the auction, seller, or other third party. Customer agrees that auction photos and descriptions do not constitute proof of pre-shipment condition, and no claim, dispute, refund request, or chargeback may be asserted against Seaway Export based upon alleged discrepancies between auction representations and the actual condition of the vehicle. Any dispute related to listing accuracy, condition disclosure, title status, odometer statements, or any other auction-related matter must be resolved directly with the auction facility or seller, and Seaway Export shall bear no obligation to intervene, dispute findings, or act on Customer's behalf.

16.1 Scope of Government Authority

Customer acknowledges that all cargo handled by Seaway Export is, at all times, subject to inspection, examination, detention, hold, seizure, or forfeiture by U.S. Customs and Border Protection ("CBP"), the Department of Homeland Security, the Transportation Security Administration ("TSA"), the Federal Motor Carrier Safety Administration ("FMCSA"), port authorities, terminal operators, local police, and any other federal, state, or municipal authority with jurisdiction. Such actions may occur without notice and may be based on documentation review, VIN verification, safety concerns, fraud indicators, or other regulatory triggers determined solely by the applicable authority.

16.2 No Liability for Government Actions

Seaway Export shall bear no liability whatsoever for delays, penalties, missed sailings, failure to export, port congestion, storage accrual, loss of cargo, or any other consequence arising directly or indirectly from a government-directed action. This includes, without limitation, CBP secondary exams, agricultural inspections, radiation scanning, fraud or title investigations, port safety inspections, or any law-enforcement intervention. Customer shall not be entitled to reimbursement, refund, chargeback, compensation, or damages for any government-related interference.

16.3 Customer Responsibility for Costs

All costs associated with a government hold or inspection shall be borne solely by the Customer. These costs include, but are not limited to, storage, demurrage, per diem, port rent, terminal handling, drayage and redelivery, repositioning charges, container flip fees, examination and inspection fees, government-imposed penalties, administrative fees, and any legal or compliance-related expenses incurred by Seaway Export. Seaway Export may invoice Customer immediately upon notification of such charges, and Customer agrees to pay all such invoices in full without delay.

16.4 Withholding of Cargo and Documentation

Seaway Export shall have no obligation to release cargo, vehicle titles, Bills of Lading, export filings, or any related documents until all government-related charges, accrued storage, port fees, and service invoices are paid in full. If the total charges exceed the value of the cargo, or if Customer fails or refuses to pay such charges, Seaway Export may classify the cargo as abandoned and enforce its lien rights as provided in this Agreement and applicable law.

16.5 Seizure, Confiscation, or Forfeiture

In the event any government authority seizes, impounds, confiscates, or forfeits the cargo—whether due to suspected or confirmed stolen status, VIN discrepancies, fraudulent documentation, export violations, contraband, or any other investigative basis—Seaway Export assumes no duty to contest or recover the cargo. Customer remains fully responsible for all accrued charges, and all outstanding invoices shall remain due. No refund, replacement, or compensation shall be provided under any circumstance, and such seizure shall not be deemed negligence or wrongdoing by Seaway Export.

16.6 Fraud, Suspicious Activity, and Undeclared Contents

If any government hold or investigation arises due to stolen vehicle reports, VIN tampering, cloned or fraudulent VINs, forged or invalid titles, odometer or identity irregularities, undeclared contents, contraband, narcotics, weapons, or any other prohibited or suspicious activity, Customer shall bear full financial responsibility for all associated costs and penalties. Seaway Export may provide documents, information, or cooperation to the relevant authorities as required by law without liability to the Customer.

16.7 No Guarantee of Export Clearance

Seaway Export does not guarantee export clearance, document acceptance, VIN or title approval, release of cargo from government custody, completion of inspection within any timeline, or departure on any particular vessel or booking. All export approval decisions rest exclusively with CBP and the applicable authorities.

16.8 Cooperation With Government Authorities

Customer understands and agrees that Seaway Export may, where required by law, regulation, or government request, provide information, documents, access, or cooperation to government agencies, without liability to Customer and without waiving any rights under this Agreement.

19.1 Storage at Customer's Risk

All vehicles and cargo stored at any Seaway Export facility, yard, warehouse, or affiliated location—whether temporary, long-term, voluntary, or as a result of operational or government delay—are stored entirely at the Customer's risk. Seaway Export does not serve as an insurer or warehouseman and does not assume custodial liability for stored cargo except to the minimal extent required by applicable law.

19.2 No Liability for Fire, Theft, Vandalism, or Weather Events

Seaway Export shall bear no liability whatsoever for loss, deterioration, or destruction of cargo resulting from fire, smoke, arson, burglary, theft, trespass, vandalism, malicious mischief, civil unrest, riot, or any other unauthorized activity. Likewise, Seaway Export shall not be liable for loss or damage caused by wind, hail, rain, flooding, storm surge, hurricanes, tornadoes, lightning, temperature conditions, or any atmospheric or natural event.

19.3 No Liability for Acts of God or Catastrophic Events

Seaway Export is not responsible for loss or damage arising from Acts of God or catastrophic events, including but not limited to natural disasters, earthquakes, wildfires, port shutdowns, infrastructure failure, or any occurrence outside Seaway Export's immediate physical control.

19.4 Customer Responsibility for Insurance

Customer is solely responsible for obtaining and maintaining any insurance coverage desired during transport, handling, or storage. Failure to secure insurance constitutes Customer's express acceptance of all storage-related risks.

19.5 No Liability for Rodents, Wildlife, Corrosion, or Environmental Staining

Seaway Export shall not be liable for any conditions caused by rodent activity, insects, birds, wildlife, tree sap, dust, soot, industrial fallout, salt exposure, or surface staining inherent to outdoor or port-adjacent environments.

19.6 Charges Still Apply Regardless of Loss or Damage

Customer remains responsible for all storage fees, handling fees, port charges, administrative fees, and towing or repositioning expenses incurred during the storage period, regardless of whether cargo experiences loss or damage from any cause described in this Section.

19.7 No Claims, Refunds, or Compensation

Under no circumstances shall Seaway Export be liable for compensation, replacement value, diminution in value, loss of use, or any form of consequential, indirect, or incidental damages arising from storage-related events.

34.1 Agreement to Arbitrate

BY ACCEPTING THESE TERMS OR USING SEAWAY EXPORT'S SERVICES, CUSTOMER AGREES THAT ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, ANY BILL OF LADING, OR THE RELATIONSHIP BETWEEN THE PARTIES (COLLECTIVELY, "DISPUTES") SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, EXCEPT THAT CUSTOMER MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF ELIGIBLE. THIS ARBITRATION AGREEMENT SHALL APPLY TO ALL DISPUTES WHETHER ARISING IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER THE DISPUTE AROSE BEFORE OR AFTER TERMINATION OF THIS AGREEMENT.

34.2 Arbitration Procedures

The arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. The arbitration shall be conducted by a single neutral arbitrator. The arbitration hearing shall take place in Chatham County, Georgia, unless the parties mutually agree to a different location or to conduct the arbitration by telephone, video conference, or documentary submission.

34.3 Arbitration Costs

For Disputes involving claims of less than $25,000, Seaway Export shall pay all AAA filing, administration, and arbitrator fees. For Disputes involving claims greater than $25,000, payment of all such fees shall be governed by AAA rules. Each party shall bear its own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the claim or the relief sought was frivolous or brought for an improper purpose, in which case the arbitrator may award attorneys' fees and costs consistent with applicable law.

34.4 Small Claims Court Exception

Either party may bring a Dispute in small claims court in Chatham County, Georgia if it qualifies for hearing by such court. Either party may also seek provisional remedies or injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending arbitration.

34.5 CLASS ACTION WAIVER

THE PARTIES AGREE THAT EACH MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE, CLASS, OR COLLECTIVE PROCEEDING. If this class action waiver is found to be unenforceable for any reason, then the entirety of this arbitration provision shall be null and void, and the parties shall proceed with litigation in court.

34.6 Arbitrator's Authority

The arbitrator shall have exclusive authority to resolve all Disputes, including disputes about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court shall determine: (i) whether this arbitration agreement is unconscionable; (ii) whether this class action waiver is enforceable; and (iii) whether an issue is arbitrable. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. The arbitrator's award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

34.7 Time Limitation

ANY ARBITRATION OR COURT PROCEEDING (IF PERMITTED) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. THIS ONE-YEAR LIMITATION PERIOD IS INCLUSIVE OF AND NOT IN ADDITION TO OTHER TIME LIMITATIONS SET FORTH IN THIS AGREEMENT (SUCH AS THE 3-DAY NOTICE REQUIREMENT FOR CARGO CLAIMS). FAILURE TO COMMENCE ARBITRATION WITHIN THIS PERIOD SHALL CONSTITUTE AN ABSOLUTE BAR AND WAIVER OF ALL SUCH CLAIMS.

34.8 Severability and Survival

If any provision of this arbitration agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. If the class action waiver is deemed unenforceable, the entire arbitration agreement shall be void. This arbitration agreement shall survive the termination of the business relationship between Customer and Seaway Export.

34.9 Opt-Out Right

Customer may opt out of this arbitration agreement by sending written notice of its decision to opt-out to: Legal Department, Seaway Export UA, LLC, 440 Telfair Rd, Unit A, Garden City, GA 31415, or via certified mail within thirty (30) days of first accepting these Terms. The notice must include Customer's name, address, and clear statement of intent to opt out of arbitration. Failure to opt out within this period constitutes acceptance of this arbitration provision.

34.10 JURY TRIAL WAIVER

WHETHER IN ARBITRATION OR IN COURT (IF ARBITRATION IS NOT ENFORCED), BOTH PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES PROVIDED.

34.11 Notice and Communication

Any notice required for arbitration proceedings shall be sent via certified mail, return receipt requested, and email (if email address is on file) to the parties' last known addresses. For Seaway Export: Legal Department, 440 Telfair Rd, Unit A, Garden City, GA 31415, info@seawayexport.com.

34.12 Modification

This arbitration agreement may only be modified by written agreement signed by authorized representatives of both parties or by mutual agreement during arbitration proceedings as recorded by the arbitrator.