CUSTOMER / CARRIER CONTRACT TERMS AND CONDITIONS GENERAL PROVISIONS
From this point forward it is agreed that the “Owner or Owners Agent” shall be referred to as “Shipper” and that “Car-Go Automotive Group” shall be referred to as the “The Carrier”.
1. Shipping terms: Shipper 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 agreement for transportation of the vehicle.
2. If we are unable to schedule your vehicle on a particular truck you may cancel this contract for any reason and we will refund the money you paid to The Carrier, minus a 4% credit card fee, if applicable. To best serve our customers, we use the best transporters in the business. Shipping terms: Some of them turn down other jobs to ship cars for Car-Go. We must compensate transporters for shipments they schedule through us that are subsequently cancelled. Therefore, if you cancel after your vehicle has been scheduled for transport, there will be a $200.00 cancellation fee assessed. Any and all cancellations must be made in writing. A “dry run” fee may be assessed in the event the Shipper is unavailable or unwilling to provide the vehicle for transportation as of the first date of availability as designated on the shipping form.
3. Shipper upon tender of shipment to The Carrier or its agent, and the consignee upon acceptance of delivery of shipment or its agent, shall be jointly and severally liable for any and all unpaid charges payable on account for shipment, including but not limited to, sums advanced or disbursed by The Carrier or its agent on account of such shipment and any and all costs of collection including costs and reasonable attorneys fees.
4. Shipping terms: Shipper shall not leave personal belongings in vehicle except those attached to and are part of the vehicle. The Carrier shall not be responsible for loss of or damage to personal belongings, including without limitation any personal property which is not factory installed, that are not a part of the vehicle.
5. Unless the order has been pre-paid, or other arrangements have been made, Shipper shall pay all COD amounts, including any additional charges, in cash or certified funds. In the event that said forms of payments are not available at delivery the Shipper shall be responsible for any and all storage fee assessed. In order to affect pick up/delivery the Shipper agrees to meet the carrier at a specified time and place if necessary.
6. Shipper shall pay and all costs, including without limitation storage, towing and additional delivery costs, incurred as a result of shipper’s breach of any warranty or obligation under this Agreement. Signing The Carriers bill of lading or the agent’s bill of lading at destination without notation of damage shall be evidence of satisfactory delivery of the vehicle.
7. Carrier or their agents shall not be liable for the following:
A. Damage caused by fluids, acids, cooling system antifreeze, industrial fallout or damage caused by an act of God.
B. Damage, which is undetectable due to vehicle’s condition or glass damage caused by normal wear and road use.
C. Mechanical functions, exhaust assembly, frame, alignment, tire damage, soft top convertibles, suspension, tuning of engine or damage that is a result of tie downs tearing or breaking.
D. Shipping terms: Auto rental accruals.
E. The Carriers responsibility for the described vehicle commences when the bill of lading is issued and signed by the driver and terminates when designated vehicle is signed for at destination.
F. Damage resulting from overloaded vehicles.
G. Shipper is responsible for preparing vehicle for shipment. All loose parts, fragile or protruding accessories, low hanging spoilers, antennas, etc., must be removed and/or properly secured. Any part of the vehicle that falls off during transport is the Shippers responsibility including damages caused to any other vehicles involved. Security systems should be disarmed and any keys or transmitters for said device must be provided to the transporter.
H. Damage to Vehicles caused because: 1, Vehicles cannot be driven on or off transporter under its own power. 2, Vehicles have defective or insufficient brakes, parking brake or parking gear.
8 . Shipper agrees to indemnify, defend and hold The Carrier and its agents harmless for any costs, expenses, damage, losses and claims caused by Shipper’s breach of any warranty or obligation under this Agreement.
9. The Carrier warrants and Shipper acknowledges that The Carrier is licensed by the Interstate Commerce Commission or the proper authorizing governmental agency of the U.S. Government.
10. By Shipper’s signature or agent’s signature, The Carrier and its agents transporting the vehicle are authorized to operate and transport the vehicle from point to origin to the destination specified in the Bill of Lading. The Carrier or its agent is authorized to drive said vehicle either at origin or destination between the points of loading/unloading and the points of pickup/delivery, and Shipper shall provide insurance for same.
11. The parties acknowledge and agree that in the event that there are any unforeseen delays regarding delivery, Interstate Commerce Commission regulations require that all outstanding freight charges be paid without deductions. The shipper agrees to properly note any damage claimed while the driver is making the delivery, and to pay the balance of the delivery charges in cash or certified funds. Damages not noted on the Bill of Lading will not be honored (no exceptions). Any claim of damage caused by the Carrier’s agent must be made within 15 days of delivery in writing, specifying the damage claimed, the Carrier’s agent actually transporting the vehicle shall be liable for any and all damage claims arising from the transport. The Shipper agrees to file all claims with such Carrier’s agent as identified on the bill of lading/delivery receipt, and to bring any legal action for damages against such Carrier’s agent only. The Shipper agrees to release and hold harmless The Carrier of any such claims.
12. After Shipper makes the vehicle available to The Carrier for transport, The Carrier shall use its best commercial efforts to deliver the vehicle in an expedient manner. However, due to unforeseeable factors, The Carrier does not guarantee the date or time of pickup or delivery.
13. Shipper shall pay an additional $250 for each inoperable vehicle or any vehicle that becomes inoperable during transport, and an additional amount for each oversized or overweight vehicle, unless such vehicles are disclosed as being inoperable, oversized or overweight, respectively, on the reverse side of this Agreement. All inoperable vehicles must steer, brake and roll.
14. While The Carrier and its agents are driving the vehicle for purposes of parking, storage and other purposes incidental to performance of the obligations under this Agreement, The Carrier shall have the full benefit of any insurance that has been effected by shipper on the vehicle or said property, unless said insurance coverage is void while the vehicle or property is in the possession of The Carrier and its agents.
15. The Shipper shall, in their absence, designate someone to act as their agent at the points of pick up and/or delivery.