|
CONTRACT TERMS, CONDITIONS, AND GENERAL PROVISIONS BETWEEN CUSTOMER AND EZ AUTOSHIPPERS |
|
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 Customer’s
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 Customer’s 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 Customer’s 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 Customer’s
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 Customer’s 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 Customer’s 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. 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 in order to initiate 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. 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
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 __________________________________________ |