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 vehicles(s) to enter into this agreement.
2. Customer or his agent, who has been identified in writing to Americas Car Shipping Inc. 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) can 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 Americas Car 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, reliable car transport 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 is allowed to put 100lb of personal belonging in the trunk of the vehicle(s). Americas Car Shipping may impose additional fees, in its sole discretion, for the transport of contents left in a vehicle exceeding 100lb. In no event, however, will Americas Car Shipping be responsible for the safe transport of any such contents.
5. Americas Car Shipping may, in its sole discretion, subcontract its obligations here under 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 Americas Car Shipping from any and all claims arising out of or related to any actions or inaction’s of the subcontractor.
6. All pick up & delivery dates and times are only estimates. Americas Car 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 the driver at the time of delivery. Any claims related to such noted damage must be submitted in writing to the subcontractor identified on the bill of lading 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. Americas Car 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 Americas Car Shipping BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
8. Customer authorizes Americas Car 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 Americas Car Shipping operation of the vehicle.
9. Americas Car Shipping SUBCONTRACTORS WILL BE LIABLE FOR DAMAGES TO VEHICLES ACTUALLY TRANSPORTED ONLY TO THE EXTENT SUCH DAMAGES WERE CAUSED BY GROSS NEGLIGENCE OR INTENTIONAL CONDUCT and noted on bill of lading. Customer specifically agrees and hereby waives any other claims against Americas Car 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 Americas Car Shipping based on the completion of the transport of the vehicle unless otherwise cancelled by the customer. If Americas Car Shipping is unable to assign the vehicle for transport within 6 days, the entire amount of the deposit shall be refunded to Customer upon Customer’s request to cancel transport with Americas Car Shipping. In the event a carrier has been assigned to the transport the full deposit may be retained and considered earned by Americas Car Shipping. Customer may additionally cancel this Agreement at any time prior to 6 business days after the vehicle ready date.
11. Customer shall defend, indemnify and hold Americas Car 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 here under.
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 can be assessed of the vehicle becomes inoperative for any reason during the transport. An oversized vehicle fee can 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 Americas Car Shipping or its subcontractor and any and all cost of collection, including cost and reasonable attorney fees. Unless the order has been prepaid or Americas Car Shipping otherwise agreed in writing. Customer shall pay all COD amounts, including any additional charges, in cash or certified funds. Americas Car 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, 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.
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 Americas Car Shipping and customer and may not be changed except when in writing by an officer of Americas Car 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.