Autotrans1,
LLC DBA Accelerated Logistics hereinafter referred to, as “Carrier” will not be
responsible for any damage not resulting from Carrier negligence. During
transport, vehicles and vehicle equipment may cease to operate properly through
no fault of the Carrier.
1.
By shipper’s
signature or his/her agent’s signature, or as accepted online, Carrier and
agents, jointly and separately are authorized to operate and transport
vehicle(s) from the Point of Origin specified to the point of departure and to
the specified destination via any mode.
2.
Personal
belongings are not to be transported inside vehicle. Carrier shall not be
responsible for loss or damage to personal belongings, including any “personal
property” left in the vehicle, including loss or damage to stereo equipment,
and to any non-stock items of the vehicle, nor will carrier be responsible for
damages caused to vehicle(s) by personal property left inside vehicle.
3.
Shipper must
furnish carrier with necessary keys to vehicle and all compartments. Shipper
is responsible for completely disarming alarm/security system by any means
effective.
4.
Carrier reserves
the right to engage independent sub-contractors to transport or ship vehicles
at their discretion. Such independent sub-contractors are required to have
adequate insurance coverage and to provide proof of such insurance to
Autotras1, LLC DBA Accelerated Logistics. Their insurance coverage is primary
and is responsible for payment of any claims for loss or damage incurred while
the vehicle is in their custody and control. In the event of damages incurred
while vehicle is in the care of said independent sub-contractor all resulting
claims must be directed to the company who physically delivered the vehicle and
not Autotrans1, LLC DBA Accelerated Logistics. As a courtesy to our customers,
Carrier will, as necessary, act as agent in the claims process in order to
facilitate expedient results.
5.
No delivery time
is guaranteed. All delivery dates are only estimates of normal deliveries
(delays may occur). Transporter does not agree to transport shipment in time
for any particular market or event and will not be responsible for damages
occasioned by unavoidable delay. There are absolutely no guarantees made,
expressed, or implied, regarding delivery time or dates.
6.
No auto rental
will be honored (for delays, damage, or accidents) no exceptions.
PAYMENT
TERMS
1.
Shipper shall pay
all cost, including storage, and additional delivery costs, incurred as a
result of shipper’s breach of any obligation under this agreement, including
inability to provide sufficient funds due, and inability to be present for
accepting vehicle. Consignee agrees to meet the transporter’s driver at any
specified time and place. In the event of a payment dispute between shipper
and Consignee, the party responsible for placing this order bears 100%
responsibility for payment of this invoice.
2.
Upon acceptance,
shipper and receiver of vehicle(s), are jointly liable for all charges due for
shipment. They will be responsible to pay all costs of collections, to
include, but not limited to, court costs and attorneys’ fees with interest at a
periodic rate of 1.5% per month or 18% per year.
3.
Consignee is
responsible to be at scheduled delivery point at specified time and place. If
Consignee is unable to be at the scheduled pickup point, he/she will be charged
a $100.00 a day storage fee. Carrier will not be held liable for any non-use
of the vehicle charges, including, but not limited to auto rentals, interest,
or any other charges due to delay or damage to vehicle.
4.
Shipper shall pay
an additional fee to be determined by the carrier for each inoperable vehicle.
If vehicle is rendered for shipment and later becomes non-operational, the fee
will be assessed, as well as any other charges incurred to accomplish delivery,
including, but not limited to Wreckers, Forklifts, Roll-back’s, etc.
5.
Nothing in the
agreement binds carrier to pick up and/or deliver to locations from which it is
impractical to operate Carrier’s equipment because of inadequacies of highway,
street, or passageways for loading or unloading facilities, local, state or
federal law.
6.
If vehicle is
vandalized either during shipment or while awaiting shipment, Carrier will not
be held responsible; owner will have to submit a claim to his/her own insurance
or absorb the loss. Shipper agrees that his/her vehicle is insured and his/her
insurance has primary responsibility.
7.
Cancellation of
an order more than 24 hours after the order is placed will be charged a minimum
15% cancellation charge, up to and including 100% if a truck has already been
dispatched.
8.
Payment for
transport is due at or prior to time of delivery, NO exceptions.
9.
Carrier shall
explicitly be entitled to and have a general lien which survives delivery on
any and all property (and documents relating thereto) of the Applicant in its
possession, custody and control, or en route, for all sums and/or claims for
outstanding and/or current charges, expenses, and/or storage costs incurred by
Carrier due from, arising from, or in connection with any shipments of
Applicant.
CARRIER OR
ITS AGENTS SHALL NOT BE LIABLE FOR THE FOLLOWING:
A.
Damage caused by
leaking fluids, battery acids, cooling system and anti-freeze solution,
industrial fallout or damage caused by acts of God or force majored.
B.
Hidden damage or
damage that is undetectable at time of pickup due to vehicles dirty condition,
or weather-related condition.
C.
Any glass damage.
D.
Mechanical or
electrical functions and damage caused by failing mechanics, electrical demise,
alignment or suspension, exhaust assembly, any exhaust system, muffler, or tail
pipes. No exceptions.
E.
Under carriage
damage, and damage resulting from overloaded or lowered vehicles.
F.
Shipper is
responsible for preparing vehicle for shipment. Securing loose parts, mufflers
or tail pipes, spoilers, non-stock kit additions, antennas, and switches. Any
part that falls off during transport is the customer’s responsibility, as are
leaking fluids, including damages caused by said parts or fluids to any and all
other vehicles involved. It is the customer’s responsibility to notify the
Carrier of any and all fluid leaks.
G.
DAMAGE TO VEHICLE
CAUSED BY: a) Vehicle that cannot be driven on or off transport truck under its
own power and/or b) Vehicle having defective or insufficient brake, parking
brake, or parking gear.
H.
Damage caused by
freezing of engine, or cooling system or batteries.
I.
Damage caused to
vehicle from tie downs breaking or tearing.
J.
Any convertible
tops that are loose, torn, or show extensive wear. Bras, and/or any type of
canvas or material coverings.
K.
The Carrier WILL
NOT be responsible for damage NOT caused by the driver.
L.
The customer
agrees that their vehicle is insured and their insurance has primary
responsibility.
The
agreement supersedes all prior writing and/or oral agreements between
Autotrans1, LLC DBA Accelerated Logistics and the shipper and may not be
changed.
1.
Claims must be made in writing within 24
hours from time of delivery. Any damage must be noted on the Bill of Lading at
the time of delivery without exception. All claims for hidden damage must be
made in writing and sent certified mail within 48 hours after delivery of the
vehicle. Hidden damage shall mean only those losses or damages to parts
contained completely, within the underside of a vehicle that should require the
vehicle be hoisted on a lift in order to be viewed and identified. The party
claiming hidden damage has the burden of proving that the hidden damage did not
exist prior to Carrier’s receipt of the vehicle(s) and that the claim relates
to one for hidden damage and is otherwise proper. Pictures and two (2)
estimates for repair should be sent as soon as possible. All claims are
subject to a Deductible, and will be settled at actual cost.
2.
Repairable
Losses-Bids.
Shipper agrees that the amount of a claim for a repairable loss shall be
established by a competitive bid process. The amount of the repairable loss
shall be considered the lowest available bid amount from two (2) competing
qualified automobile body repair shops. Alternatively, if a Carrier elects, it
may obtain an appraisal of the amount of the repairable loss from an
independent automobile insurance adjustment company. A qualified body shop
shall include any auto body repair shop owned by a franchised dealer of the
manufacturer of the vehicle for which loss is being claimed. Carrier may, at
its option, elect to accept a single bid presented by the claimant as the most
cost effective settlement available and so elect to accept that bid as the amount
of the claim. The payment by the Carrier of any claim presented by shipper
shall be deemed the full and final resolution of the claim. The shipper shall
release Carrier from any further liability involving that same vehicle upon
payment of the claim.
3.
Total
Losses. The
Carrier’s limit of liability for any total loss vehicle(s) shall be the actual
cost of any verifiable expenses thereon, including Carrier’s freight charges
thereon. With respect to any total loss vehicle(s), the Carrier shall not
be responsible for any lost profit.
4.
Venue. It is the intention of the parties
hereto that this agreement and performance hereunder and all suits and special
proceedings hereunder shall be constructed in accordance with and under
pursuant to the laws of the state of Colorado (unless prompted by applicable
federal law), and that any action, special proceedings, or other proceedings
that may be brought arising out of, in connection with, or by reason of this
agreement. The laws of the state of Colorado shall be applicable (unless
preempted by applicable federal law) and shall govern the exclusion if the laws
of any other forum without regard to the jurisdiction in which any action or
special proceedings may be instituted. Further, the parties hereby agree that the
venue for any action brought by either party against the other shall be in the
district court for the county of Arapahoe, State of Colorado, and any other
venue is hereby waived.
