TERMS AND CONDITIONS
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 Express Auto with
any tools or keys necessary to disarm the system if activated. If the alarm system is activated during the
transport of the vehicle, Express Auto 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). Express Auto may impose additional fees, in its sole discretion,
for the transport of contents left in a vehicle. In no event, however, will Express Auto be
responsible for the safe transport of any such contents.
4.
Customer or his agent, who has been identified in writing to Express
Auto, 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. Express Auto 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.
Express Auto 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 Express Auto from any and all claims arising out of or related
to any actions or inactions of the subcontractor.
7.
Customer authorizes Express Auto, 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 Express Auto’s operation
of the vehicle. Customer will provide proof of insurance on the vehicle(s) to
Express Auto and will keep in force such insurance until transport of the
vehicle is complete.
8.
IN NO EVENT SHALL EXPRESS
AUTO, 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 EXPRESS AUTO’S GROSS NEGLIGENCE OR INTENTIONAL CONDUCT. Customer specifically agrees and hereby
waives any other claims against Express Auto 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,
EXPRESS AUTO TRANSPORT WILL NOT PROVIDE REIMBURSEMENT FOR AUTO RENTAL FEES
RESULTING FROM DELAY, DAMAGE OR ACCIDENT.
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 Express Auto 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. Express Auto 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 EXPRESS AUTO BE
LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
10.
Any deposit made by Customer shall be retained immediately by Express
Auto Transport based on the completion of the transport of the vehicle unless
otherwise cancelled by the customer. If
Express Auto is unable to assign the vehicle for transport within 15 days, the
entire amount of the deposit shall be refunded to Customer upon Customer’s
request to cancel transport with Express Auto Transport. In the event a carrier has been assigned to
the transport the full deposit may be retained and considered earned by Express
Auto Transport. Customer may
additionally cancel this Agreement at any time prior to 15 days after the
vehicle ready date. In such event, a
cancellation charge of $100.00 will be deducted from the deposit and the
remaining deposit shall be returned to Customer.
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 additional charge of $200 will be assessed if the vehicle becomes
inoperative for any reason during 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
Express Auto or its subcontractor and any and all cost of collection, including
costs and reasonable attorney fees.
Unless the order has been prepaid or Express Auto has otherwise agreed
in writing, Customer shall pay all COD amounts, including any additional
charges, in cash or certified funds. Express Auto 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 Express Auto 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 Express Auto and
Customer and may not be changed except when in writing by an officer of Express
Auto.
16.
This Agreement shall be governed by and construed in accordance with
laws of the state of