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 Car Freight, Inc. with any tools or keys necessary to disarm the system if activated. If the alarm system is activated during the transport of the vehicle, Car Freight, Inc. 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). Car Freight, Inc. may impose additional fees, in its sole discretion, for the transport of contents left in a vehicle. In no event, however, will Car Freight, Inc. be responsible for the safe transport of any such contents. All items left in the vehicle MUST BE inspected by the carrier, and agreed to be carried prior to transport. Any undisclosed items discovered prior to transport will halt the car from being loaded and customer will be contacted. This may cause delay of transport, and additional fees, charged to the customer.
4. Customer or his agent, who has been identified in writing to Car Freight, 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) will be placed in storage, at Customer's cost.
5. All delivery dates and times are only estimates. Car Freight, Inc. does not agree to transport the vehicle(s) in time 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.
6. Car Freight, Inc. may, in its sole discretion, subcontract its obligations hereunder. 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 Car Freight, Inc. from any and all claims arising out of or related to any actions or inactions of the subcontractor.
7. Customer authorizes Car Freight, Inc., 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 Car Freight, Inc.'s operation of the vehicle. Customer will provide proof of insurance on the vehicle(s) to Car Freight, Inc. and will keep in force such insurance until transport of the vehicle is complete.
8. IN NO EVENT SHALL Car Freight, Inc., 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 Car Freight, Inc.’s GROSS NEGLIGENCE OR INTENTIONAL CONDUCT. Customer specifically agrees and hereby waives any other claims against Car Freight, Inc. 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.
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 Car Freight, Inc. 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. Car Freight, Inc. 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 Car Freight, Inc. BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
10. Charges/Payments-All orders booked will require a deposit, necessary to initiate the transport agreement. Payment of shipping can be made in full at the time of order or the minimum deposit, as determined by a Car Freight, Inc. If a deposit is charged, the remaining balance is due to the driver at the time of delivery via cash or certified funds, i.e. cashiers check or certified money order. In the event an order is cancelled, the following will apply: If an order has not been assigned to a driver there will be no cancellation fee and the deposit will be refunded to the customer. If the order has been assigned to a driver, the cancellation fee will be the amount of the deposit plus a 5% processing fee. Our customer service department will provide you with the anticipated pickup and delivery dates. If a truck is sent to pick up a vehicle and it is not made available, for any reason, a dry run charge of $250.00 will be applied. A transporter is not required to wait to pick up a vehicle or to deliver a vehicle. If you make a special arrangement with the driver for him to wait until the vehicle is available, any fees assessed will be between you and the driver, and made payable to the driver, either at the time of pickup or delivery. If a carrier cannot make delivery of the vehicle to the consignee at destination, the vehicle will be taken to the closest terminal as designated by Car Freight, Inc. and/or carrier. All terminal/storage fees, COD's and any other possible additional trucking charges will be made payable to Car Freight, Inc., either via cash, cashiers check or certified money order, before the release of the vehicle can be made.
11. 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 oversized vehicle fee of $300 will be imposed unless such vehicle has been pre-approved and disclosed prior to transport.
12. 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 Car Freight, Inc. or its subcontractor and any and all cost of collection, including costs and reasonable attorney fees. Unless the order has been prepaid or Car Freight, Inc. has otherwise agreed in writing, Customer shall pay all COD amounts, including any additional charges, in cash or certified funds. Car Freight, Inc. 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.
13. Customer shall defend, indemnify and hold Car Freight, Inc. 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.
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 Car Freight, Inc. and Customer and may not be changed except when in writing by an officer of Car Freight, Inc..
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.
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