Common
Auto Transport Agreements & Questions
1.
Authority to Enter Into
Agreement. The vehicle owner or
owner's agent (hereinafter referred to as "Shipper") warrants that he/she is
the registered legal owner of this vehicle, or that he/she has been duly
authorized by the legal owner to enter into this Agreement.
2.
Agreement to Terms and
Conditions. Auto Trans Brokers,
Inc. (hereinafter referred to as "ATBI") prefers to receive all orders online,
and Shipper must check the appropriate box on the order form indicating
agreement to these Terms and Conditions before the order form will transmit to
ATBI. If Shipper is unable to utilize ATBI's online order form, Shipper agrees
that giving shipping information and/or credit card information to ATBI via
telephone constitutes verbal agreement to these Terms and Conditions.
Once the shipping order has
been received by ATBI, you have acknowledged the terms and conditions.
These
Terms and Conditions supercede all prior written and oral representation of
ATBI and constitute the entire agreement between Shipper and ATBI and may not
be changed except in writing and signed by an officer of ATBI. Upon receipt of
order, ATBI will submit via email to the Shipper an order confirmation. This
confirmation is for information purposes only and in no way replaces or alters
these terms and conditions.
3.
Our Service.
ATBI (a transportation brokerage) agrees to
act as Shipper's agent in dealing with automobile transporters and to exercise
efforts on Shipper's behalf in arranging transport of the Shipper's vehicle
with an automobile transporter. ATBI agrees to act as the liaison between
Shipper and the transporter before an during transport. ATBI does not agree to
transport the vehicle in time for any particular event or requested schedule.
4.
Pickup and Delivery Dates.
While every effort will be made to
meet Shipper's requested scheduling, no guarantee of pickup or delivery dates
is made. If Shipper insists on pickup or delivery on a specific date, ATBI
reserves the right to contract with a local tow company to pick up, hold,
and/or deliver the vehicle to meet Shipper's requested schedule, and Shipper
agrees to pay for this additional service at actual cost. Once a vehicle has
been dispatched to a carrier, carrier delays in meeting estimated pickup and
delivery dates may occur due to carrier schedules, traffic, mechanical failure
or required repairs, inclement weather, illness, and unforeseen circumstances. ATBI assumes no
responsibility for non-use of Shipper's vehicle, storage fees incurred by
Shipper, nor will ATBI pay for a rental
car should Shipper's actual pickup or delivery date not meet the Shipper's
requested schedule. ATBI offers absolutely no guarantees, expressly or
implied, regarding pickup or delivery dates or times.
5.
Inoperable Vehicle.
Not all carriers have the extra equipment
needed to transport inoperable vehicles. Shipper agrees to make full
disclosure to ATBI at the time the order is placed regarding operational
status of the vehicle. ATBI shall not be liable for failure of mechanical or
operating parts of your vehicle. If the quote was based on an operational
vehicle and the order is placed for an inoperable vehicle, an additional fee
of $150.00 will be charged. If Shipper's vehicle is unable to be driven on or
off the transport under its own power, if the vehicle's brakes are
insufficient to stop the vehicle, or if for any reason the vehicle is found to
be inoperable at any point during pickup, transport, or delivery, Shipper will
be liable for and pay a minimum charge of $150.00, no exceptions. The
carrier's minimum inoperable fees may be greater and will apply if warranted. The
Shipper is responsible for making an inoperable vehicle assessable to load on
the carrier’s trailer.
6.
Modified Vehicle.
Shipper agrees to make full disclosure to ATBI at the time the order is placed
regarding modifications made to the vehicle. If the quote was based on a
factory standard vehicle and the order is placed for a modified vehicle (i.e.
lift kit, oversized tires, dually), an additional fee may apply. If a
modification is revealed at the time of pickup, Shipper will be liable for all
extra charges, which must be paid prior to or at delivery.
7.
Preparing the Vehicle for
Transport. Shipper is responsible
for preparing the vehicle for transport. All loose parts, fragile or
protruding accessories, antennas, and non-permanent luggage or sports racks
should be removed prior to pickup. Neither ATBI nor the carrier is responsible
for damage resulting from failure to prepare the vehicle for transport.
Vehicle alarms should be disarmed or Shipper must provide carrier's driver
with the remote to silence the alarm. Vehicles should be tendered to carrier
with no more than half tank of fuel.
If the vehicle is too dirty
to inspect at pick up, this will be noted on the inspection form and the
carrier will not be responsible for damages on the vehicle.
8.
Personal Items in Vehicle.
Any personal items left in the vehicle are
not insured. Vehicles are subject to inspection by the Department of
Transportation, and/or State Police, and if explosives, guns, ammunition,
flammable products, major household appliances, narcotics, negotiable legal
papers, alcoholic beverages, jewelry, furs, money, articles of value, live
pets, plants, or contraband are found in the vehicle, they will be discarded
at Shipper's expense and by any legal means possible by the carrier, Federal
Highway Administration, and/or Department of Transportation. Carrier is not
responsible for loss or damage to any item which was not factory installed as
part of the vehicle. The carrier is not licensed to carry household goods and
personal items and will not be responsible for any loss or citations as a
result of excessive weight in the vehicle. Any personal items left in the
trunk of the vehicle by Shipper are done at the Shipper's risk and any costs,
damages, sit time, or citations issued to carrier due to or caused by excess
weight of the vehicle due to personal items will the be responsibility of
Shipper.
9.
Door-to-Door Service.
Every effort is made to provide
door-to-door service to Shipper. However, circumstances such as, but not
limited to weight
restrictions, steep hills, overhanging trees, narrow streets, cul-de-sacs,
and/or type of carrier equipment may inhibit door-to-door service. Shipper may
have to arrange to meet a carrier at a legal and safe location as close as
possible to the "door" in order to facilitate the pickup or delivery. Shipper
should be prepared to provide clear and accurate directions to the carrier to
enable the carrier to reach the pickup and delivery locations.
10.
Failure to Reach Shipper for
Pickup. Shipper must provide a
complete and correct address and telephone numbers for pickup
and email addresses (if
available)
at the time the
order is booked to avoid any added charges or delays. Shipper shall designate
a person to act as their agent at the point of pickup if Shipper is for any
reason unavailable. In the event Shipper is unable to be reached, the carrier
reserves the right to cancel the dispatch. If a carrier reaches Shipper and
arranges a pickup time and Shipper fails to appear at the designated place and
time, the Shipper will be responsible for paying any dry run fee the carrier
may charge. ATBI is not responsible for any charge levied due to Shipper's
failure to provide contact information adequate to facilitate reaching Shipper
or Shipper's agent for pickup. If rescheduling is
necessary due to shipper or the shipper’s designated contact failing to meet
with the driver, a seventy-five dollar ($75) rescheduling fee will be
assessed.
11.
Failure to Reach Shipper for
Delivery. Shipper must provide a
complete and correct address and telephone numbers for delivery at the time
the order is booked to avoid any added charges or delays. Shipper shall
designate a person to act as their agent at the point of delivery if Shipper
is for any reason unavailable. The carrier will notify Shipper of the
delivery a minimum of six hours prior to the actual delivery; however, Shipper
must be available the entire day for delivery. In the event Shipper is unable
to be reached a minimum of six hours prior to the anticipated delivery time,
the carrier reserves the right to take the vehicle to a terminal at the
Shipper's expense. If a carrier reaches Shipper and arranges a delivery time
and Shipper fails to appear at the designated place and time, the Shipper will
be responsible for paying any dry run, storage, or redelivery charge. ATBI is
not responsible for any charge levied due to Shipper's failure to provide
contact information adequate to facilitate reaching Shipper or Shipper's agent
for delivery.
12.
Damages and Required Documentation.
Neither ATBI nor carriers will be held liable
for damage caused by leaking fluids, freezing, exhaust systems, acts of God,
or flying objects from the road or the sky.
Customer must maintain
insurance on said vehicle for this reason.
In the event a vehicle is
otherwise damaged during transport, the carrier's insurance is the primary
insurance. Shipper agrees to fully inspect the vehicle at both pickup and
delivery and denote any and all damages on the carrier's bill of
lading/condition report BEFORE the driver leaves. Damage must be properly
noted while the driver is still there, regardless of the time of day or dirty
condition of the vehicle. Signing the carrier's bill of lading at the
destination without specific notation of damage shall be evidence of
satisfactory delivery of the vehicle.
13.
Claims for Damages.
Shipper's vehicle will be transported by a trucking company and the carrier
actually transporting the vehicle shall be liable for any and all damage
claims arising from transport.
Shipper is responsible for
getting an inspection sheet from the driver both at pick up location and
delivery location. Shipper must do a walk around inspection with the driver
at each location.
Shipper agrees to release and hold harmless ATBI from any damage claims. Upon request, ATBI will furnish Shipper with name, address, and
phone number of the carrier and provide a copy of the carrier's Certificate of
Insurance. In
the event of damage, shipper is to provide ATBI a copy of both inspection
sheets from the pick up location and the delivery location within 48 hours
after receiving vehicle at the delivery location.
