1. Customer is the registered legal owner of the vehicle(s) and has
authority to enter into this Agreement or has been duly authorized by the legal
owner of the vehicle(s) to enter into this Agreement.
2. 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 All Ways Auto Shipping with any
tools or keys necessary to disarm the system if activated. If the alarm system
is activated during the transport of the vehicle, All Ways 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 fulfill these obligations.
3. Customer shall remove all detachable personal belongings from the
vehicle(s). All Ways Auto Shipping may impose additional fees, in its sole
discretion, for the transport of contents left in a vehicle. In no event,
however, will All Ways Auto Shipping be responsible for the safe transport of
any such contents.
4. Customer or his agent, who has been identified in writing to All Ways
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.
5. All delivery dates and times are only estimates. All Ways Auto Shipping
does not agree to transport the vehicle(s) in a specific time frame for any
particular market or event and will not be responsible for any loss or damage
resulting from any delay. NO EXPRESS OR IMPLIED WARRANTIES ARE MADE WITH RESPECT
TO DELIVERY TIMES OR DATES WITH THE
ONLY EXCEPTION BEING A “GUARANTEED DELIVERY” ORDER.
6. Carrier reserves the right to engage independent sub-contractors to
transport or ship vehicles at their discretion. Such independent sub-contractors
are required to have adequate insurance coverage and to provide proof of such
insurance to All Ways Auto Shipping. Their insurance coverage is primary and is
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 All
Ways Auto Shipping. As a courtesy to our customers, Carrier will, as necessary,
act as agent in the claims process in order to facilitate expedient result.
7. If vehicle is vandalized either during shipment or while awaiting
shipment, carrier will not be held responsible: owner will have to submit a
claim to his/her own insurance or absorb the loss. Shipper agrees that his/her
vehicle is insured and his/her insurance has primary responsibility.
8. Nothing in this agreement binds carrier to pick up and/ or deliver to
locations from which it is impractical to operate carrier's equipment because of
inadequacies of highway, street, or passageways for loading or unloading
facilities, local, state or federal law.Customer authorizes All Ways 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 All Ways Auto Shipping 's operation of the vehicle.
IN NO EVENT SHALL All Ways Auto Transport, 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 All Ways Auto
Shipping’s GROSS NEGLIGENCE OR INTENTIONAL CONDUCT. Customer specifically agrees
and hereby waives any other claims against All Ways 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;
damages caused by leaking fluids, battery acid and/or cooling system anti-freeze
solution; industrial fall-out; mechanical malfunctions; exhaust assembly; frame;
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 other
Force Majeure events. ADDITIONALLY,
9. 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 All Ways
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.
All Ways 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
10. 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. Any deposit made by customer shall
be retained immediately by All Ways Auto Shipping. If All Ways 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 All Ways Auto Shipping. In the event a carrier
has been assigned to the transport and the customer request to cancel within
72hrs prior to pick up a cancellation charge of up to $250.00 will be deducted
from the deposit and the remaining deposit shall be returned to customer. In the
event that the customer deposit is less than $250 the difference of the balance
will be charge on the credit card provided by the customer without an additional
authorization needed. Customer may additionally cancel his transport at any time
prior to 72hrs of pick up . In such event the customer will incur $100
processing fee that will be deducted from paid deposit.
11. 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
All Ways Auto Shipping or its subcontractor and any and all cost of collection,
including costs and reasonable attorney fees. All Ways 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.
12. Customer shall defend, indemnify and hold All Ways 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.
13. 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 force majeure event ceases to exist.
14. 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 All Ways Auto
Shipping and Customer and may not be changed except when in writing by an
officer of All Ways Auto Shipping.
15. This Agreement shall be governed by and construed in accordance with
laws of the state of