Terms and Conditions
1. Definitions and Acknowledgement
1.1 Shipper/Customer: 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.
Shipper authorizes Exclusive Auto Shipping (EAS), 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. IN NO EVENT SHALL EAS, 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 EAS GROSS NEGLIGENCE OR INTENTIONAL CONDUCT. ADDITIONALLY, EAS WILL NOT PROVIDE REIMBURSEMENT FOR AUTO RENTAL FEES RESULTING FROM DELAY, DAMAGE OR ACCIDENT unless agreed otherwise in writing.
EAS is a licensed broker and not licensed motor carrier, as such EAS does not assume liability as a carrier. EAS will engage carriers, independent sub-contractors, to transport or ship vehicles. Such carriers are to have cargo insurance coverage, and are primary responsible for payment of any claims for loss or damage incurred while the vehicle is in their custody and control. In the event of damages incurred while vehicle is in the care of said independent sub-contractor all resulting claims must be directed to the company who physically delivered the vehicle and not EAS. EAS will, as necessary, provide assistance in the claims processing in order to facilitate expedient result.
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 with the Broker, who will dispatch the Shipper’s Order to the Carrier
2.2 The Broker fee is the charge to the Shipper for booking the estimated window of dates with the Carrier, and also supplying the Carrier information to the Shipper. The applied and/or charged Broker fee will not be refunded at any time after the charge is made and/or the order is dispatched to the Carrier as a COD or COP payment to Carrier. The Shipper agrees the Broker services are rendered at the time of the charge. If the Shipper cancels the order after signing the contract but before paying the broker fee, the $50 cancellation fee is applied and will not be eligible for a refund, and the $50 will be kept, while the remaining balance of the deposit is waived. This $50 fee is not a credit for future orders. Broker fee can be charged via VISA, Mastercard, American Express (AMEX), Discover, or through Zelle. If Shipper is paying a full fee for transport, which is the Broker fee and the Carrier fee added together, then there will be no refund made at any time in any case. The total transport fee (Carrier fee and Broker fee added together) is kept by the Broker, EAS, and will not be a credit for future orders. AMEX, VISA or Mastercard transactions only for full transport fee, or direct deposit via Zelle, will be allowed for payment to EAS.
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. All orders booked as operable, but then discovered as inoperable at the time of pickup – due to mechanical, electrical, or physical limitations – will incur a minimum charge of $500 on the debit or credit card to cover emergency loading and/or unloading via tow or other means.
2.7 Shipper is responsible for preparing the vehicle for shipment. All loose parts, fragile or protruding accessories, low hanging spoilers, antennas, suspension altering, etc., must be taken care of and/or removed and/or properly secured prior to loading at origin. Increased or decreased height/width from stock vehicle height/width must be disclosed by shipper to ensure proper loading. 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. If the vehicle is not ready for pickup on the first available scheduled date for any reason, such as lack of finalized paperwork or payment needing to be made prior to pickup, etc., the carrier can cancel the order at any time, and the shipper forfeits the paid broker fee. Refunds are not applicable, and credit will not be issued for future orders.
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. All orders booked as operable, but then discovered as inoperable at the time of pickup – due to mechanical, electrical, or physical limitations – will incur a minimum charge of $500 on the debit or credit card to cover emergency loading and/or unloading via tow or other means.
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 Shipper, 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 Indemnification: 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.
3.6 This Agreement supersedes all written or oral agreements between EAS and Customer and may not be changed except when in writing by an officer of EAS.
3.7 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 EAS or its subcontractor and any and all cost of collection, including costs and reasonable attorney fees. EAS will have a right to lien, to have a security interest, and/or right to possess the vehicle(s) based on, and as a consequence to, any charges that remain unpaid from the Customer and/or its’ agents. Any such lien, security interest, and/or right to possess will survive the delivery of the vehicles.
CAVEAT: Shipper specifically agrees and hereby waives any other claims against EAS or its subcontractor including, but not limited to loss of value, minor damages such as scratches, scrapes and chips that result from normal road conditions and wear and tear; damages caused by leaking fluids, battery acid and/or cooling system anti-freeze solution; industrial fall-out; mechanical malfunctions; alignment; 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 other forces out of human control.
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.
4.3 Bill of Lading (BOL) 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.
4.4 Shipper Insurance: 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 affected 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.
5.1 Independent Contractor: Broker is an independent contractor and is not an employee, servant, agent, partner or joint venturer of Shipper.
5.2 Pricing: 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 Assignments Restricted: 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 in business and or from sale of business with proper written notice and shall inure to the benefit of, and be enforceable by, such successors, and any officers or directors thereof.
5.4 Waivers: 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 Governing Laws: 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 Venue for Disputes: 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 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, acts or orders of civil or military authorities, or other causes beyond the reasonable control of the party declaring the force majeure events. Such excuse from performance shall continue until the circumstance beyond control of shipper ceases to exist.
5.8 Written Requirement: 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.