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CONTRACT TERMS,
CONDITIONS, AND GENERAL PROVISIONS BETWEEN CUSTOMER AND EZ AUTOSHIPPERS |
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Throughout this Agreement, the Vehicle Owner or Vehicle
Owners Agent shall be referred to as "Customer", EZ AUTOSHIPPERS, a
division of MonTery Auto Services Inc., shall be referred to as
"EZ AUTOSHIPPERS", and any trucking firm retained by EZ
AUTOSHIPPERS to transport Customers' vehicle shall be referred to as
"Transporter".
1.
Customer warrants that he/she is the legal owner, of vehicle(s) to be
shipped, and is of legal age to enter into this binding contract.
2.
EZ AUTOSHIPPERS agrees to have Customers' vehicle, as described by the
online FREE QUOTE, or as described by phone or in person to an
authorized employee of EZ AUTOSHIPPERS, shipped on or about the
dates requested by said Customer, with the understanding that EZ
AUTOSHIPPERS does not guarantee shipping dates or that EZ
AUTOSHIPPERS may even not be able to guarantee contract of a Transporter
for Customers' vehicle. EZ AUTOSHIPPERS (Broker # MC-487910) will if
possible, contract with a reliable Transporter, or Transporter's agent in
order to fulfill the terms and conditions of this agreement, as it applies to
EZ AUTOSHIPPERS. Although every attempt will be made to pick up
Customer vehicle, and deliver it by requested dates once a Transporter is
contracted, Neither EZ AUTOSHIPPERS nor it agents guarantee a specific
pickup or delivery time or date. EZ AUTOSHIPPERS WILL UNDER NO
CIRCUMSTANCES BE LIABLE FOR RENTAL VEHICLES OR LOST WORK TIME DUE TO A PICKUP
AND/OR DELIVERY OCCURRING LATER THAN SCHEDULED.
3. Cancellation Fee:
a. Customer acknowledges and agrees that upon booking of Customers'
request EZ Auto Shippers incurs immediate expenses with regard to the
transaction.
b. If the Customer should cancel before a Transporter is contracted, Customer
will receive a full refund. If this occurs, EZ AUTOSHIPPERS will, by
standard
c. If a Transporter has been contracted, and the Customer cancels before
Transporter has been dispatched to the location of Customers' vehicle,
Customer will not be subject to cancellation fee
d. If Transporter has been dispatched to the pickup address as requested by
Customer, and the Customer then cancels, whether or not the Transporter arrived
at agreed upon location of Customers' vehicle Customer agrees to pay a $300
cancellation fee or the full amount of the price agreed to by the Customer at
time of booking, whichever is less. e.
Customer agrees that if the vehicle being shipped is a new purchase by the
Customer, all the details of the transaction with the seller or said vehicle
has been completed and seller will release vehicle to Transporter. If seller
of vehicle is unwilling to release vehicle to Transporter, Customer agrees to
pay a $300 cancellation fee or the full amount of the price agreed to by the
Customer at time of booking, whichever is less, if the Transporter has been
dispatched to pick the vehicle up.
f . Customer agrees that if the vehicle being
shipped is inoperable, after being represented as operable, Customer
will pay the Transporter an additional fee of which Transporter
notifies Customer of when it is determined the vehicle is inoperable.
In the event that an undisclosed inoperable vehicle is unable to be picked up
by a Transport after he arrives with the understanding the vehicle was
operational, or in such case the Customer refuses to pay the additional
requested inoperable vehicle fee, Customer agrees to pay a $300 cancellation
fee or the full amount of the price agreed to by the Customer at time of
booking, whichever is less. g.
Customer agrees that if an inoperable shipped vehicle is unable to be dropped
at Customers door due to zoning restrictions or due to the Transporter being
unable to maneuver Transport on the Customer’s street, Customer will be
responsible for the vehicle being towed from a drop off point as close to the
Customer’s requested drop off point as Transporter deems necessary. In this
event, Customer understands that Customer is responsible for making
arrangements with local towing company. Customer agrees to bear the
additional cost to move the vehicle from the drop off point to the location
that Customer chooses. Customer also agrees to meet the Transporter at the
drop off point that the Transporter has chosen, in order to inspect the
vehicle and sign off on the condition report. Customer acknowledges that
he/she will have absolutely no grounds to claim damages that have not been
notated on the required condition report. Customer acknowledges that there
are no exceptions to this policy.
4. At the time Customer has released vehicle to Transporter, Customer and
party who takes delivery of vehicle shall be jointly and severally liable for
any and all unpaid charges due on account for shipment of vehicle, as quoted
to Customer by EZ AUTOSHIPPERS. In the event that collection efforts
are necessary, Customer agrees to pay any and all costs of collection an
attorney and court costs associated with the collection of sum due. Any claim
or controversy arising from or relating to this agreement, or the performance
or breach thereof, shall be subject to the jurisdiction of
5. At the time of pick up, Customer and Transporter will carefully
inspect the vehicle for pre-existing damage by completing a vehicle
inspection report. The Transporter and Customer will both acknowledge
the validity of this inspection report by signing it, and a copy of the bill
of lading. After delivery is made, this process will be repeated with the
Transporter and Customer who takes delivery of vehicle. If damage should
occur, all moneys owed for transport must be paid in full before initiating a
claim. Damage must be noted in the proper place on the bill of lading, and
signed by driver and Customer, regardless of weather, or time of day. Signing
the bill of lading without any notation of damage verifies that Customer has
received said vehicle in good condition, and that EZ AUTOSHIPPERS,
Transporter, and their agents are relieved of any further responsibility.
Customer MUST check vehicle thoroughly at time of pick up, and again at time
of delivery.
6. Should damage occur to Customer vehicle due to the negligence of
Transporter, EZ AUTOSHIPPERS, Transporter and/or their agents must also be
notified of any damage by phone within 24 hours. Customer must submit in
writing a description of damage, clear pictures, and 2 estimates within 10
days of receipt of said vehicle directly to the Transporter for any
resolution to be initiated. EZ AUTOSHIPPERS will support Customer in this
effort should such a problem occur, but in no way will EZ AUTOSHIPPERS accept
responsibility for any negligence of the Transporter. EZ AUTOSHIPPERS WILL
UNDER NO CIRCUMSTANCES BE LIABLE FOR DAMAGE DONE TO VEHICLE. If vehicle
sustains damage due to negligence of Transporter, providing the claimed
damage is not exempted in this document, EZ AUTOSHIPPERS WILL, IF REQUESTED,
MAKE CONTACT WITH THE TRANSPORT COMPANY and/or their insurance company on
Customer’s behalf. If Customer’s vehicle is valued at a rate higher than
current market rate, we suggest Customer purchase a special insurance rider
to cover the difference in value during the transportation of said vehicle.
In any event, EZ AUTOSHIPPERS SUGGESTS THAT CUSTOMER KEEPS FULL
7 EZ AUTOSHIPPERS and/or Transporter shall not be responsible for
loss of or damage to personal belongings, or any vehicle options that are not
permanently installed on vehicle.
8.
EZ AUTOSHIPPERS, Transporter, or their agents will not be responsible
for vandalism, theft, or acts of god (fire, hail, sand storm, flooding,
tornadoes, earthquakes) or objects flying from the road or sky during
transport. Customer is advised to maintain insurance on vehicle that would
cover vehicle should any such occurrence transpire.
9. Customer is responsible for preparing the vehicle(s) for transport, as
noted in FAQ section on this our website at EZAUTOSHIPPERS.COM. All
loose parts fragile or protruding accessories, low hanging spoilers, fog
lights, antennas, etc., must be removed and/or properly secured. Any part
that falls off in transit is the sole responsibility of Customer.
Furthermore, Customer will be held liable for any damages done by said part
to any and all people, animal, property or vehicles or involved.
10. EZ AUTOSHIPPERS,
Transporter, or their agents shall not be responsible for any of the
following:
a. Damage to undercarriage, exhaust system, suspension, wheel bearings, tie
downs, brakes, alignment, tuning, charging system or battery. (no evaluation is made of these components or systems at
pickup location) therefore neither EZ AUTOSHIPPERS, nor its
Transporter accepts responsibility for them. Based on Customer’s acceptance
of this agreement, EZ AUTOSHIPPERS and/or Transporter is authorized to
operate and transport Customer’s vehicle from point of origin to the
destination specified in the bill of lading and to drive said vehicle either
at origin, destination or between the points of loading/unloading and the
points of pickup/delivery, and Customer shall provide insurance for same. If
Customer feels that the Transporter has driven vehicle in excess of that
which was necessary for loading and unloading, the Customer/s complaint/claim
shall be directed to Transporter. EZ
AUTOSHIPPERS will under no circumstances be responsible for Carrier driving
vehicle excessively. Whether
this agreement was accepted online, or sent to EZ AUTOSHIPPERS by mail
or fax, EZ AUTOSHIPPERS and Customer agree that they have engaged into
a legal contract for service. If the Customer acknowledged this agreement
online, by mail or by fax, it is considered accepted and binding by both
Customer and EZ AUTOSHIPPERS whether or not an actual signature appears, once
the transport IS INITIATED. IF EZAUTOSHIPPERS IS UNABLE TO MAKE CONNECTIONS
WITH A TRANSPORTER FOR CUSTOMER, CONTRACT WILL BE CONSIDERED NULL AND VOID. After pick
up has been completed, Dispatch information or any status inquiries by phone
are not always available. When Transporter assignment is made, an e-mail
message will be sent to the address entered by Customer when order was
initiated. To request status information, the form at EZAUTOSHIPPERS.COM must be used.
We will respond to your request within 24 hours M-F. For security
purposes, information will be offered only to the party entering into the
agreement. If
Customer would prefer to mail or fax this agreement, Customer shall print it
out, sign, then fax it to 319-394-9862 or mail to EZ AUTOSHIPPERS at the following
location. The mailing address is EZ AUTOSHIPPERS I hereby
agree to the terms and conditions of this Agreement: __________________________________________Date:
_____________ Customer
Signature __________________________________________ |