1. Customer warrants that he/she is the registered legal owner of the vehicle, or that he/she has been duly authorized by the legal owners to enter into this Agreement.
2. TRANSPORT EXPERTS is licensed and registered with Commerce Commission of the U.S. Government and Federal Motor Carrier Administration under Certificate No.548030. Further, TRANSPORT EXPERTS is a bonded Property Broker responsible for arranging shipment of vehicles with licensed and insured Motor Carriers. Under the terms of this agreement TRANSPORT EXPERTS will designate a reliable carrier (subcontractor) and coordinate the pickup and delivery of the shipper’s vehicle(s).
3. TRANSPORT EXPERTS reserves the right to subcontract to authorized licensed and insured subcontractors (CARRIERS) for any or all of the transport. Accordingly, the subcontractor actually transporting the vehicle shall be liable for any and all damage claims arising from the transport.
4. TRANSPORT EXPERTS, per this agreement, agrees to ship customer’s vehicle(s) using a reliable carrier designated by TRANSPORT EXPERTS, on or about the dates requested. As is standard in the auto transport industry TRANSPORT EXPERTS and carriers cannot guarantee specific pickup or delivery dates. The Carrier will use its best efforts to deliver the vehicle within fourteen (14) business days. However, because unforeseeable factors could delay delivery beyond fourteen (14) business days, TRANSPORT EXPERTS does not guarantee the date or time of delivery. Neither TRANSPORT EXPERTS nor carrier is responsible for car rentals.
5. Under the terms of this agreement the Customer and TRANSPORT EXPERTS have a right to revoke the contract, at no cost to the customer or TRANSPORT EXPERTS, at a reasonable time before the actual transport begins. Accordingly, there will be no cancellation fee to the Customer for cancellation of the contract.
6. Customer shall prepare the vehicle for shipment. TRANSPORT EXPERTS’ subcontractor will not be liable for the following: loose batteries, air diffusers, bus deflectors, loose parts, fragile or protruding accessories, low hanging spoilers, antennae, visors, racks, fog lights etc., all of the loose parts must be removed or retracted and properly secured. Also, the Customer is responsible for deactivating any alarm system and must provide necessary keys and/or remotes for these.
7. Federal regulations prohibit TRANSPORT EXPERTS or its carrier from knowingly transporting vehicles with customer's personal items anywhere in the vehicle. Accordingly, if such items are present in the vehicle(s) such items and any fines levied due to damage to such items, become sole responsibility of the Customer.
8. Customer agrees to pay TRANSPORT EXPERTS a deposit in the amount of $200. The balance for vehicle transport must be in form of cash on delivery, cashier’s check or money order. If the Customer elects to pay the transport fee in full via credit card, at the time of order placement, there will be 3% administrative fee for processing FULL PAYMENT. Further, the customer agrees that if the payment cannot be made in form specified above the vehicle will be placed in storage and any and all storage and/or delivery costs will be the responsibility of the Customer. All deposits are fully refundable up to 24hrs before scheduled pickup date, therefore if the customer does not give TRANSPORT EXPERTS cancellation notice 24 hrs before the pickup date he will lose total amount of the deposit.
9. The parties acknowledge and agree that in the event that there are any problems regarding truck delivery, Interstate Commerce Commission regulations require that all outstanding freight charges be paid without deductions. Accordingly, should any damage occur due to negligence of the carrier, all compensation must be paid at the time of delivery.
10. In the event customer places a stop payment on customer’s check and or requests a charge back from customers credit card company at any time regardless of any and all reasons after placing an order, the will be charged a fee of $200 to resolve the stop payment/charge back issue.
11. All damage must be properly noted in the bill of lading, and signed by the driver and the Customer, regardless of weather conditions or time of day. Any claim of damage caused by carrier must be made within fifteen (15) days of delivery in writing, specifying the damage claimed, and must be accompanied by two written estimates for repair and photographs of claimed damage. If the value of the Customer’s vehicle is higher than the market value, TRANSPORT EXPERTS recommends that the Customer purchase a special insurance rider.
12. Signing Transport Experts’ bill of lading or its subcontractors’ bill of lading at destination without notation of specific damage shall be evidence of satisfactory delivery of the vehicle.
13. TRANSPORT EXPERTS or its carrier will not be responsible for acts of God (earthquakes, floods, fire, tornado, sandstorms, or hail storms), damage due to flying objects from the sky or road during transport, or any form of vandalism. The Customer must maintain his/her insurance for this purpose.
14. Customer upon the delivery of shipment shall be jointly and severally liable for any and all unpaid moneys on account for shipment, including but not limited to, sums advanced or disbursed (example, storage fees) by TRANSPORT EXPERTS or its subcontractor on account of such shipment and any and all costs of collection including costs and reasonable attorneys fees.
15. Customer shall pay any and all costs, including without limitation, storage, towing and additional delivery costs incurred as a result of Customer’s breach of any warranty or obligation under this Agreement, Customer agrees to indemnify, defend and hold TRANSPORT EXPERTS and its agents harmless for any costs, expenses, damages, losses and claims caused by Customer’s breach of any warranty or obligation under this Agreement.
16. TRANSPORT EXPERTS’ subcontractors (carrier) shall not be liable for damages not caused by their negligence.
17. Customer agrees to file all claims with and to bring any legal action for damages obtained during transport against carrier only. The Customer agrees to release and hold harmless TRANSPORT EXPERTS from any such claims. Copies of Carrier’s insurance and authority available upon customer’s request.
18. The provisions of this Agreement are severable. This Agreement supersedes all written and oral agreements between TRANSPORT EXPERTS and Customer and may not be changed except in writing by an officer of TRANSPORT EXPERTS. The parties agree that any legal action arising out of this Agreement must be filed in a court of competent jurisdiction within the State of New Jersey. Customer hereby submits to the jurisdiction of such courts and waives any and all defenses based on lack of personal jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey.Please sign, date and make copies for your record. SIGNATURE: Order# DATE: |
