A. The customer accepting the service of the transporter and of the broker and/or dispatcher Auto Transporterz LLC, a Florida LLC hereinafter referred to as (AT) agrees to the following terms listed below. It is understood and agreed that the broker and/or dispatcher is not the actual transporter of my vehicle.
B. It is further understood and agreed that the sum described herein as a deposit represents only that portion of my obligations payable as the brokerage and/or dispatcher fee as agreed upon to (AT) for posting vehicle(s) to a nationwide network loading board. It is understood and agreed that if I double book I will lose my deposit. It is understood and agreed that if customer double book (AT) will outbid the other broker company on the customer behalf for transport of customer vehicle at the customer expense. It is understood and agreed that the word (estimation) hereinafter referred to as (est) on this form. It is understood and agreed that the tariff and/or price quote est is an estimation only.
C. It is further understood and agreed that if all information related to the condition of the vehicle(s) described herein are not fully disclosed additional fees and/or penalties will be incurred. It is understood that if said vehicle(s) is inoperable, salvaged, overweight, of extended length, height or weight, has modifications including but not limited to oversized tires, lift kits, etc. or requires the use of a forklift or other such devices to load and/or unload the vehicle onto the carrier extra charges will apply. Final cost of all transport is to be determined by (AT). I hereby authorize AT and/or the carrier to charge additional fees related to the condition of said vehicle to my credit/debit card.
D. The broker and/or dispatcher cannot guarantee and will not act as a guarantor of the transporter's actions. Each transporter is an independently owned entity and is not related to the broker and/or dispatcher and/or (AT) in any way. It is further understood and agreed that the 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. Furthermore, Customer shall disarm any vehicle alarm system and provide (AT), or carrier, with any tools or keys necessary to disarm the system if activated. If the alarm system is activated during the transport of the vehicle, (AT) or its carrier may deactivate the alarm system by any means that it or the transport driver deems reasonable and effective. Customer hereby releases any claim for damage caused by Customer’s failure to fulfill these obligations.
E. It is further understood and agreed that I (customer) will never place a negative review or negative comment about (AT) on any website such as Transport Review, BBB, etc. Limited Power of Attorney- It is further understood and agreed that I, customer, do hereby grant a limited power of attorney to (AT), who is located in Florida. This power of attorney is effective as of now. The purpose for this limited power of attorney is as follows: I further authorize (AT) to contact Transport Review, BBB, any review and/or blog site, etc, on my (customer) behalf to remove any negative and/or positive rating and/or negative and/or positive comment and/or any rating and/or any comment. It is further understood and agreed I (customer) agree to pay (AT) for damages if I (customer) breach and/or break any of these terms on this contract in the amount of to be determined by (AT).
F. It is further understood and agreed hereon that the broker and/or dispatcher cannot be held responsible for any act of negligence and/or damages on the part of the transporter (carrier). 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. Customer(s) agrees now to release Auto Transporterz LLC of all liability whatsoever arising out of, or in connection within this agreement.
G. It is further understood and agreed that (AT) will not indemnify customer for any expenses related to delay. This shall include storage costs, rental reimbursement or any other incidental charges incurred by customer as a result of delay.
H. It is further understood and agreed that customer shall remove all detachable personal belongings from the vehicle(s). Accordingly, (AT) may impose additional fees, in its sole discretion, for the transport of contents left in a vehicle. In no event, however, will (AT) be responsible for the safe transport of any such contents. All documents pertaining to the ownership of the vehicle, including title, should not be left inside vehicle during transport and (AT) hereby waives any liability related to the loss of these documents.
I. It is further understood and agreed that customer authorizes (AT), its subcontractors, agents and employees to drive, park, store or 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 (AT) operation of the vehicle. Upon request, Customer agrees to provide proof of insurance on the vehicle(s) to (AT) and will keep in force such insurance until transport of the vehicle is complete.
J. In the event an (AT) service is listed at an incorrect price due to a typographical error or error of pricing based upon lack of relevant Customer information received during a quote, (AT) shall have the right to refuse or cancel any orders placed for services listed at the incorrect price. (AT) shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.
K. It is further understood and agreed that 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. Final cost of transport is to be determined on dispatch and/or delivery. An additional charges to be determined will be assessed if the vehicle becomes inoperative for any reason during the transport.
L. All pickup and/or delivery dates and times are merely estimates. (AT) makes no representations or warranties as to exact date and time of pickup and/or delivery and Customer hereby acknowledges that no covenants as to the exact date or time exist. Further, (AT) 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. In no event shall (AT) and delivery services reimburse customer for fees related to vehicle(s) storage.
M. It is further understood and agreed Customer shall defend, indemnify and hold (AT) 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.
N. Notice of cancellation must be physically delivered to (AT) as per the terms and conditions contained in paragraph seven (7) of the contractual clauses listed below this agreement.
O. By affixing my signature to this agreement or my authorization via reply e-mail or any payment made I hereby agree and accept this agreement and the twelve contractual clauses listed a follows.
1. For the purposes of this Agreement customer(s) listed on this form shall hereinafter be referred to as Customer(s).
2. It is understood and agreed by Customer(s) that Auto Transporterz, LLC (hereinafter referred to as (AT) is not the actual transporter. (AT) is an auto transportation broker. MC# 818570 and is not the actual transporter.
3. It is understood and agreed that the indicated pickup date or 1st. available date, stated in this agreement unless otherwise specially guaranteed in writing, is strictly estimated and (AT) will have thirty days from the 1st. available date to move the vehicle(s) and (AT) shall not be held responsible and Customer(s) agrees not to hold (AT) responsible, in the event that the auto transporter is late in picking up Customer(s) vehicle(s) and/or delivering customer(s) vehicle(s), regardless of the length of delay. If an attempt to pick up the vehicle was made by the carrier, service was rendered. The tariff is an estimation only and the quoted prices is subject to change without notice.
4. It is understood and agreed that the deposit paid by customer is a fee charged by (AT) to Customer for posting vehicle(s) to a network board pursuant to paragraph 2 above. Said deposit will be refunded to customer only if Customer, per paragraph 7 below, notifies (AT) of its desire to cancel its move within fourteen (14) days prior to scheduled move. In all other respects and/or circumstances, the deposit paid by Customer is non-refundable. Refunds will be returned to the customer between 4 to 8 weeks after being approved. All legal, collection, chargeback fee and/or merchant account fees related to the cancellation and or dispute of any services shall be paid by the Customer.
5. Customer(s) acknowledges and understands that the insurance noted on the reverse side is not insurance purchased by (AT) on Customers behalf but rather is insurance represented by the auto transporters insurance company. (AT) does not provide any insurance services whatsoever.
6. This agreement shall be construed and governed in accordance with the laws of the State of Florida and any all actions, causes of actions or lawsuits brought by either party shall and must be brought in the applicable state court in and for Miami-Dade County, Florida. Customer(s) agrees that the services provided by (AT) for customer were solely in the State of Florida and any all actions and/or obligations to be conducted by (AT) under this Agreement would have been done or were done solely in the State of Florida. Customer(s) agrees that any judgment obtained in violation of this provision against (AT) shall be deemed null and void. Should (AT) be required to enforce or defend any provision of this Agreement or be involved in any legal proceeding as Plaintiff or Defendant, customer shall be responsible for and shall pay any and all costs and reasonable attorney fees incurred by (AT).
7. Any notice required to be given by customer to (AT) pursuant to this Agreement shall be considered to be delivered on the date when delivered to and accepted by (AT) by email and properly addressed to: Customer Service: firstname.lastname@example.org. No facsimile, fax, voice mail, or telephone call by Customers behalf shall be deemed sufficient notice under this Agreement. Likewise, no notice(s) sent by regular mail by Customer to (AT) shall be deemed sufficient under this provision and/or Agreement.
8. In the event that any provision(s) of this Agreement shall be held invalid or unenforceable, the provision(s) hereof shall remain in full force and effect. If any provision is held invalid or unenforceable in any particular circumstance, such provision shall remain in full force and in effect in all other circumstances. If any provision contained herein should be determined to be unenforceable, invalid or illegal in any respect for any reason, such provision shall be revised and/or interpreted to make it enforceable to the maximum extent permitted by law. No waiver by (AT) of any breach by Customer of any term, covenant or condition of this Agreement shall be deemed a waiver of any other, prior and/or subsequent, of the same or any other term, covenant or condition of this or any other agreement. No Waiver or modification of any term of this Agreement shall be deemed valid unless by express agreement in writing subscribed to by the parties hereto.
9. Customer will receive FULL REFUND as long as fourteen (14) day notice is given prior to the 1st available date. In every case you will be bound by all the terms and conditions and the twelve (12) contractual clauses will be in full force.
10. Customer(s) represents that he/she is over the age of eighteen (18) and is otherwise permitted by law to enter into this Agreement. Customer(s) further acknowledges that he/she has had ample opportunity to read this Agreement prior to entering into same and that he/she understand the terms and provisions of this Agreement and has voluntarily entered into same.
11. Customer(s) may not unilaterally change any term or condition of this Agreement without the express written consent of (AT). (AT) expressly rejects any terms of Customer(s) which purport to blind (AT) to Carrier or Customer terms without negotiation. If Customer(s) regards any terms herein as unsatisfactory, customer(s) should promptly notify (AT) so that the parties can determine if a mutually satisfactory term can be agreed upon. If the parties do not expressly agree in writing to modifications, these terms will control.
12. As stated on the front of this Agreement, Customer(s) understands and agrees that should customer(s) fail to execute or return this Agreement, customer(s) expressly agrees and consents to the terms contained in this Agreement and all 12 contractual clauses.
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