United Auto Express, Corp. (MC:577613) (786) 301-2539
1. Customer is the registered legal owner of the vehicle(s) and has authority to enter into this Agreement or has been duly authorized by the legal owner of the vehicle(s) to enter into this Agreement.
2. 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. The Customer shall disarm any vehicle alarm system and provide United Auto Express with any tools or keys necessary to disarm the system if activated. If the alarm system is activated during the transport of the vehicle, United Auto Express may deactivate the alarm system by any means that it or the transport driver deems reasonable and effective. Customer releases any claims for damages that are caused by Customer's failure to fulfill these obligations.
3. Customer shall remove all detachable personal belongings from the vehicle(s). United Auto Express may impose additional fees, in its sole discretion, for the transport of contents left in a vehicle. In no event, however, will United Auto Express be responsible for the safe transport of any such contents.
4. Customer or his agent, who has been identified in writing to United Auto Express, shall be present at the point of pick-up or delivery. If Customer or its authorized agent is not present for any reason, the vehicle(s) will be placed in storage, at Customer's cost.
5. All delivery dates and times are only estimates. United Auto Express 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.
6. United Auto Express may, in its sole discretion, subcontract its obligations hereunder. In such event, subcontractor shall be solely responsible for all obligations to Customer. Customer shall file all claims with the subcontractor identified on the Bill of Lading and hereby releases United Auto Express from any and all claims arising out of or related to any actions or inactions of the subcontractor.
7. Customer authorizes United Auto Express, its subcontractors, agents and employees to drive, park, store and 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 United Auto Express's operation of the vehicle. Customer will provide proof of insurance on the vehicle(s) to Polo Cargo Express and will keep in force such insurance until transport of the vehicle is complete.
8. IN NO EVENT SHALL United Auto EXPRESS, ITS SUBCONTRACTORS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DAMAGES EXCEPT FOR DAMAGES TO VEHICLES ACTUALLY TRANSPORTED AND ONLY TO THE EXTENT SUCH DAMAGES WERE CAUSED BY United Auto EXPRESS'S GROSS NEGLIGENCE OR INTENTIONAL CONDUCT. Customer specifically agrees and hereby waives any other claims against United Auto Express or its subcontractor including, but not limited to minor damages such as scratches, scrapes and chips that result from normal road conditions and wear and tear; damages caused by leaking fluids, battery acid and/or cooling system anti-freeze solution; industrial fall-out; mechanical malfunctions; exhaust assembly; frame; alignment; tire damage; suspension; glass damage; overloaded vehicles; defective or insufficient brakes, parking brake or parking gear; damage to loose, torn or visibly worn convertible tops; damage to vehicle boots, caps, masks, bras or any other type of covering; damage caused as a result of the inoperable condition of the vehicle; damage caused by tie-downs that break or tear due to vehicle's age or condition; damage that is undetectable due to the vehicle's dirty condition at the time of pick-up; or damage caused as a result of acts of God or other Force Majeure events.
9. Customer shall identify any damage to any vehicle(s) by noting the damage on the Bill of Lading received by Customer at the time of delivery. Any claims related to such noted damage must be submitted in writing to United Auto Express or its subcontractor within 15 days of delivery, or, in case of failure of delivery, within 15 days of the date that vehicle was scheduled to be delivered. Customer hereby waives any damage claims that are not noted on the Bill of Lading or for which Customer has not submitted a timely written claim. United Auto Express shall not be liable directly, in subrogation, or by assignment to Customer's insurance company for any claims paid by the Company. IN NO EVENT SHALL United Auto EXPRESSBE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
10. United Auto Express shall hold any deposit made by Customer pending completion of the vehicle transport. The deposit at that time will be applied to the total cost of the vehicle transport. If United Auto Express is unable to pickup the vehicle for transport within 15 days, the entire amount of the deposit shall be refunded to Customer upon Customer's request to cancel the service of United Auto Express Transport. Customer may additionally cancel this Agreement at any time, prior to, 15 days after the vehicle ready date. In such event, a cancellation charge of $100.00 will be deducted from the deposit and the remaining deposit shall be returned to Customer.
11. 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. An additional charge of $200 will be assessed if the vehicle becomes inoperative for any reason during the transport. An oversized vehicle fee of $300 will be imposed unless such vehicle has been pre-approved and disclosed prior to transport.
12. Customer and/or its agent are jointly and severally liable for any and all unpaid charges including, but not limited to sums advanced or disbursed by United Auto Express or its subcontractor and any and all cost of collection, including costs and reasonable attorney fees. Unless the order has been prepaid or United Auto Express has otherwise agreed in writing, Customer shall pay all COD amounts, including any additional charges, in cash or certified funds. United Auto Express will have a lien on the vehicle(s) for any charges that remain unpaid and any such lien will survive the delivery of the vehicles.
13. Customer shall defend, indemnify and hold United Auto Express 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 hereunder.
Shippers Signature: _________________________________ Date: _________________
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