1. Definitions
1.1 Shipper: The Owner or Owner’s Agent shall be referred to as “Shipper.”
1.2 Broker: Exclusive Auto Shipping LLC shall be referred to as “Broker.”
1.3 Carrier: The shipping company agreed upon by the Shipper and Broker to provide transport services to the vehicle in contract will be known as “Carrier.”
1.4 COD: The term “COD” refers to cash or certified funds paid by the Shipper upon delivery.
1.5 COP: The term “COP” refers to cash or certified funds paid by the Shipper upon pickup.
1.6 Bill of lading: The term “bill of lading” refers to the terms and conditions of the Carrier and signed or acknowledged by the Shipper.
2. Shipper’s Obligations
2.1 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 an agreement for transportation of the vehicle.
2.2 The applied broker fee will not be refunded or reapplied to a new order if the Shipper or Shipper’s designee is unavailable, unable, or unwilling to release the vehicle to the agreed-upon Carrier. The applied broker fee is subsequently forfeited by the Shipper. Upon cancellation of the order by the Shipper, a cancellation fee of $50 will be assessed and charged on the provided credit card if the Shipper cancels after signing of the contract.
2.3 Shipper, upon tender of shipment to the Carrier or its agent, shall be 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 attorney’s fees.
2.4 Shipper shall not leave personal belongings in vehicle except those attached to and part of the vehicle. Broker/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.
2.5 Unless the order has been pre-paid, or other arrangements have been made, Shipper shall pay all COD/COP amounts, including any additional charges, in cash or certified funds. In the event that said forms of payments are not available at delivery, Shipper shall be responsible for any and all storage fees assessed. In order to effect pick-up/delivery, Shipper agrees to meet Carrier at a specified time and place, if necessary.
2.6 Shipper shall pay any 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 Carrier’s bill of lading at destination without notation of damage shall be evidence of satisfactory delivery of the vehicle.
2.7 Shipper is responsible for preparing the 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 Shippers responsibility, including damages caused to any other vehicles involved. Security systems should be disarmed and any keys or transmitters for such devices must be provided to Carrier.
2.8 Shipper shall pay an additional fee imposed by the carrier for each inoperable vehicle or any vehicle that becomes inoperable during transport, and an additional amount for each over-sized or overweight vehicle, unless such vehicles are disclosed as being inoperable, over-sized or overweight to the Broker and agreed upon by the Carrier prior to the execution of this agreement. All inoperable vehicles must roll, brake, and steer.
2.9 Shipper shall, in his/her absence, designate someone to act as agent at the points of pick-up and/or delivery. Any and all limitations and terms of this agreement extend to any designee of the Shipper.
3. Limitation of Liability
3.1 Carrier’s 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 by the Shipper or Shipper’s designee at destination.
3.2 Carrier or its agents shall not be responsible for the following: a. Damage which is undetectable due to the vehicle’s condition or glass damage caused by normal wear and road use; b. Mechanical functions, exhaust assembly, vehicle frame, wheel alignment, tire damage, soft top convertibles, suspension, tuning of engine or damage that is a result of tie-downs tearing or breaking; c. Damage caused by fluids, acids, cooling system antifreeze, industrial fallout or damage caused by an act of God; d. Auto rental accruals; e. Damage resulting from overloaded vehicles; f. Damage to vehicles caused because the vehicle cannot be driven on or off transporter under its own power, such as mechanical failure; g. Damages to vehicles caused because Shipper’s vehicle has defective or insufficient brakes, parking brake or parking gear.
3.3 Shipper agrees to indemnify, defend and hold Broker, Carrier and their respective agents harmless for any costs, expenses, damage, losses and claims caused by Shipper’s breach of any warranty or obligation under this Agreement.
3.4 Shipper agrees to properly note any damage claimed while the driver is making the delivery, and to pay the balance of the delivery charges to the third party Carrier in cash or certified funds, unless otherwise agreed upon by the carrier and noted in the order/Bill of Lading. Damages not noted on the Bill of Lading will not be honored – there are no exceptions to this policy. Any claim of damage caused by Carrier must be made within 15 days of delivery in writing, specifying the damage claimed. The Carrier transporting the vehicle shall be liable for any and all damage claims arising from the transport. Shipper agrees to file all claims with the Carrier as identified on the bill of lading/delivery receipt, and to bring any legal action for damages against such Carrier only. Shipper agrees to release and hold harmless Broker of any such claims.
3.5 After Shipper makes the vehicle available to Carrier for transport, Carrier shall use its best efforts to deliver the vehicle in an expedient manner. Broker does not guarantee a date or time of delivery.
3.5 Shipper understands that Exclusive Auto Shipping LLC is the Broker and is responsible for the broker fee only. Shipper hereby releases Exclusive Auto Shipping LLC of any and all liability.
4. Carrier Authorization
4.1 Broker and Carrier dually confirm that the Carrier is licensed by the proper authorizing agency of the U.S. government.
4.2 Upon Shipper’s (or Designee’s) signature, Carrier and its agents are authorized to operate and transport the vehicle from point to origin to the destination specified in the Bill of Lading provided to the Shipper. Carrier is authorized to drive the aforementioned Shipper’s vehicle at origin and final destination between the points of loading/unloading and the points of pickup/delivery, and Shipper shall provide insurance for same. In the event that a Bill of Lading is not provided to the Shipper, the Shipper acknowledges that any and all liability and subsequent action arising out of or relating to this agreement on behalf of the Broker is waived, and Exclusive Auto Shipping LLC will not be held accountable to this agreement and any services provided without a signed or acknowledged Bill of Lading.
4.3 While 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, 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.
5. Miscellaneous
5.1 Broker is an independent contractor and is not an employee, servant, agent, partner or joint venturer of Shipper.
5.2 Current pricing can be estimated and subject to change. Pricing will be finalized at time of dispatch, and agreed upon by the Shipper and the Broker prior to dispatch.
5.3 Shipper may not assign any of its rights or duties under this Agreement to any other person or company without the prior written consent of Broker. The parties agree that this Agreement shall be binding upon the successors of each party and shall inure to the benefit of, and be enforceable by, such successors, and any officers or directors thereof.
5.4 All waivers hereunder must be made in writing, and failure at any time to require the other party’s performance of any obligation under this Agreement shall not affect the right subsequently to require performance of the obligation.
5.5 The parties agree that this Agreement shall be governed by, and construed in accordance with, the laws of the state of Florida. Any dispute arising out of or relating to this Agreement, including without limitation, the validity, interpretation, performance, or breach thereof, shall be settled by arbitration, pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered before an appropriate court in the state of Florida.
5.6 In the event of litigation, Shipper agrees that venue shall be located in Leon County, Florida and the prevailing party may be awarded its attorney’s fees and costs.
5.7 This Agreement constitutes the entire understanding between the parties, and supersedes all prior agreements and negotiations, whether oral or written. There are no other agreements between the parties, except as set forth in this Agreement. No supplement, modification, waiver, or termination of this Agreement shall be binding unless in writing and executed by the parties to this Agreement.
