1.
Customer is the registered legal owner of the vehicle(s) and has authority to
enter into this agreement or has been dully authorized by the legal owner of
the vehicles(s) to enter into this agreement.
2.
Customer or his agent, who has been identified in writing to national auto
shipping, shall be present at the point of pick-up or delivery. If customer or
its authorized agent is not present for any reason, the vehicle(s) will be
placed in storage, at customer’s cost
3.
Customer shall prepare the vehicle(s) for transport by removing or properly
securing all batteries, loose parts, fragile or protruding accessories, low
hanging spoilers, antennas and other similar items. The customer shall disarm
any vehicle, alarm system and provide National auto shipping with any tools or
keys required to disarm the system if activated. If the alarm system is
activated during the transport of the vehicle, national auto shipping may
deactivate the alarm system by any means that it or the transport driver deems
reasonable and effective. Customer releases any claims for damages that are
caused by customer’s failure to accomplish these obligations.
4.
Customer shall remove all detachable personal belongings from the vehicle(s).
national auto shipping may impose additional fees, in its sole discretion, for
the transport of contents left in a vehicle. In no event, however, will
national auto shipping be responsible for the safe transport of any such
contents.
5.
National auto shipping may, in its sole discretion, subcontract its obligations
hereunder. In such event, subcontractor shall be solely responsible for all
obligations to customer. Customer shall file all claims with the subcontractor
identified on the bill of lading and hereby releases national auto shipping
from any and all claims arising out of or related to any actions or inactions
of the subcontractor.
6.
All delivery dates and times are only estimates. National auto shipping does
not agree to transport the vehicle(s) in time for any loss or damage resulting
from any delay. NO EXPRESS OR IMPLIED WARRANTIES ARE MADE WITH RESPECT TO
DELIVERY TIMES OR DATES.
7.
Customer shall identify any damage to any vehicle(s) by noting the damage on
the bill of lading received by customer at the time of delivery. Any claims
related to such noted damage must be submitted in writing to national auto
shipping or its subcontractor within 15 days of delivery, or , in case of
failure of delivery, within 15 days of the date that vehicle was scheduled to
be delivered. Customer hereby waives any damage claims that are not noted on
the bill of lading or for which customer has not submitted a timely written
claim. National auto shipping shall not be liable directly, in subrogation, or
by assignment to customer’s insurance company for any claims paid by the
company. IN NO EVENT SHALL NATIONAL AUTO SHIPPING BE LIABLE FOR ANY INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES.
8.
Customer authorizes national auto shipping, its subcontractors, agents and
employees to drive, park, store and otherwise operate or transport the
vehicle(s) in any manner necessary to fulfill the obligations under this
agreement. Customer shall maintain insurance on the vehicle that shall extend
to national auto shipping operation of the vehicle. Customer will provide proof
of insurance on the vehicle(s) to national auto shipping and will keep in force
such insurance until transport of the vehicle is complete.
9.
IN NO EVENT SHALL NATIONAL AUTO SHIPPING, ITS SUBCONTRACTORS, AGENTS, OR
EMPLOYEES BE LIABLE FOR ANY DAMAGES EXCEPT FOR DAMAGES TO VEHICLES ACTUALLY
TRANSPORTED AND ONLY TO THE EXTENT SUCH DAMAGES WERE CAUSED BY NATIONAL AUTO
SHIPPING GROSS NEGLIGENCE OR INTENTIONAL CONDUCT. Customer specifically agrees
and hereby waives any other claims against national auto shipping or its
subcontractor including, but not limited to minor damages such as scratches,
scrapes and chips that result from normal road conditions and wear and tear;
alignment; tire damage; suspension; glass damage; overloaded vehicles; defective
or insufficient brakes, parking brake or parking gear, damage to loose, torn or
visibly worn convertible tops; damage to vehicle boots, caps, masks, bras or
any other type of covering; damage caused as a result of the inoperable
condition of the vehicle; damage caused by tie-downs that break or tear due to
vehicle’s age or condition; damage that is undetectable due to the vehicle’s
dirty condition at the time of pick-up; or damage caused as a result of acts of
god or god or other force majeure events.
10.
Any deposit made by customer shall be retained immediately by national auto
shipping based on the completion of the transport of the vehicle unless
otherwise cancelled by the customer. If national auto shipping is unable to
assign the vehicle for transport within 15 days of pick up date, the entire
amount of the deposit shall be refunded to customer upon customer’s request to
cancel transport with national auto shipping. In the event a carrier has been
assigned to the transport the full deposit may be retained and considered
earned by national auto shipping. Customer may additionally cancel this
agreement at any time prior to 15 days after the vehicle pick-up date. In such
event, a cancellation charge of $100.00 will be deducted from the deposit and
the remaining deposit shall be returned to customer.
11.
Customer shall defend, indemnify and hold national auto shipping and its
subcontractor harmless from any cost, expense, damage, loss and claim,
including any third party property or personal injury claim, arising out of or
related to customer’s breach of any warranty or obligation hereunder.
12.
The entire amount of the transport charge is due and payable without discount
upon tender of the vehicle(s) regardless of the loss of, or damage to the
vehicle(s) at any stage of the transport. an additional charge of $200.00 will
be assessed of the vehicle becomes inoperative for any reason during the
transport. an oversized vehicle fee of $300.00 will be imposed unless such
vehicle has been pre-approved and disclosed prior to transport.
13.
Customer and/or its agent are jointly and severally liable for any and all
unpaid charges including, but not limited to sums advanced or disbursed by
national auto shipping or its subcontractor and any and all cost of collection,
including cost and reasonable attorney fees. Unless the order has been prepaid
or national auto shipping otherwise agreed in writing. customer shall pay all
COD amounts, including any additional charges, in cash or certified funds.
National auto shipping will have a lien on the vehicle(s) for any charges that
remain unpaid and any such lien will survive the delivery of the vehicles.
14.
Performance under this contract shall be excused to the extent such performance
is prevented by force majeure. The term “force majeure” shall include acts of
god or the elements, acts of a public enemy, acts of terrorism, riots, strikes,
labor disputes, fires, explosions, floods, actsor orders of civil or military
authorities, or other causes beyond the reasonable control of the pary
declaring the force majeure events. Such ezcuse from performance shall continue
until the force majeure event ceases to exist.
15.
The provisions of this agreement are severable and the invalidity and
enforceability of any provisions herein shall not affect the enforceability of
the remaining provisions which shall remain in full force and effect. This
agreement supersedes all written or oral agreements between national auto
shipping and customer and may not be changed except when in writing by an
officer of national auto shipping.
16.
This agreement shall be governed by and construed in accordance with laws of
the state of Florida.
The parties further agree that any legal action arising out of this agreement
shall be filed in a court of competent jurisdiction within Broward county, Florida. Customer hereby
submits to the jurisdiction of such courts and waives any and all defenses
based on lack of personal jurisdiction.
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