1. As it is standard in the transport industry, while carriers is liable to owner on account of any loss/damage to the vehicle that is caused by the carrier. It has full benefit of any insurance that is in effect on the vehicle. Carrier carries Liability Insurance for Bodily Injured and Property Damage Excess to any Insurance Carried by the Vehicle Owner. Carrier shall not be liable directly. In Subrogation or by assignment to Owners insurers for any payments made under owners insurance covering the vehicle while in carriers or its agents possession. Carriers insurance is secondary and Shipper/Owner must precede against his/her own insurance company for any alleged damage/loss. In the absence of insurance coverage, carrier shall not be liable for more than the wholesale value of any damage to the vehicle or the cost to repair. Whichever is less. You must advise us in writing on the Bill of Lading, if the vehicle is not fully insured. Carrier shall have no liability, whatsoever. If shipper/owner falsely imply type of insurance coverage there is a $1000 deductible on any claim.
2. As is standard in the transport industry NO DELIVERY TIME IS GARANTEED. All delivery days and times are only estimates of normal deliveries. Carrier cannot guarantee any delivery time for any particular event. Shipper understands that the Transport services are subject to possible delays due to mechanical problems, weather, road conditions, DOT regulations and etc. There are absolutely no guarantees made, expressed or implied regarding delivery dates or times.
3. If we attempt to pick up a vehicle and are not able to do so because of mechanical situation or the vehicle becomes inoperable while on our carrier, including but not limited to lack of adequate fuel supply, battery failure, brake failure, lack of adequate fluids, etc. There will be a $200 INOP charge added to the transport fee and is collectible at the time of delivery.
4. Carrier will not be liable for:
a. Damage caused any leaking fluids, cooling system, antifreeze solution, battery acid, natural disasters, industrial fallout and or damage caused by an act of God.
b. Antennas that do not retract more than 3 inches below the roof line of the being transported.
c. Loss and/or damage to any type of sound reproducing or transmitting/receiving equipment.
d. All loose parts, fragile/protruding accessories, spoilers, window shades, lowering kits, undercarriage parts, and any/all altered parts of the vehicle. Convertible tops that are loose, torn or have visible wear, boots, caps, masks, bras, or any other type of canvas or material covering.
e. Any mechanical functions, damages to include engine, transmission, rear end, motor mounts, drive trains, wiring systems, cooling systems window motors, radios, stereo systems, power steering, air bags, break cable or brake system, clutch cable or clutch, vehicle computerized systems, alarms systems, any switch, alignment, trailer hitches, suspension or tuning of the vehicle being transported.
f. Damage to any exhaust system, mufflers, or tail pipes. No exceptions!
g. Damage from overloaded vehicles. Carrier is not licensed to transport household goods. If (anything that did not come from the vehicle manufacturer) and disclaims all responsibility for any personal belongings left in vehicle.
h. Acts of vandalism, riots, the public enemy and acts of war and authority of law.
i. Damage to interior or tires.
j. Damages caused by freezing of cooling system/or batteries.
k. Pre-Existing damage impossible to detect due to vehicles dirty condition, including pre-existing damage impossible to detect because of snow, ice, rain, road and/or salt film.
l. Delivery on any particular date. Shipper is responsible for picking up the vehicle. Shipper is responsible for any extra delivery and or storage fees.
m. Any damage resulting from failure of factory tie down, brackets and/or pull through of frame tie down holes and any occurrences arising there from.
n. Damage due to body flexing.
o. Normal wear and tear and any glass damage caused by road hazards and vandalism.
5. Shipper/Owner agrees that carrier is not responsible for car rental under any circumstances. ( For delays, damage, or accidents)
6. Shipper is responsible for preparing auto for shipment. All loose parts, accessories, spoilers, antennas must be lowered or removed and or properly secured. Any part of the vehicle that falls off during transport is the shippers/owners responsibility, which also includes any damages caused by said part to any and all other vehicles involved. Vehicle must be in working order, brakes, parking brake, tires must hold air and the only exception to this is if this is a known INOP vehicle being loaded and unloaded by forklift. Alarms must be disarmed for shipment.
7. Shipper or its agent will make arrangements with Carrier or its agent to meet the truck to load and/or unload at a safe and legal place. Weight/Length/Height Restrictions, low tree branches, small roads, bridges and numerous other obstacles can make it impossible as well as illegal and impractical to pickup/deliver at your door. It is the shipper’s responsibility to have full payment in Certified Funds, Money Order, Credit Card or Cash at delivery. Any excessive delays due to shipper failing to deliver/receive the vehicle in a responsible time as agreed upon with the carrier and its driver shall be assessed an additional charge of $25 per hour, payable only in cash at time of delivery. No Exceptions!
8. Any dispute of payment, including, but not limited to stopping payment of checks, nonsufficient funds or any other dispute of charges will be considered a breach of contract and the vehicle will be immediately subject to lien, repossession, and auction to satisfy the amount due, plus all costs and/or expense, including, but not limited to collection legal fees.
9. This Agreement supersedes all written and oral agreements between other carriers/shippers/brokers and may not be exchanged, except in writing by an officer of the carrier. All claims, subrogation, litigation or legal action shall be construed according to the laws of the State of Michigan. Should shipper/owner/carrier commence a law suit in which carrier prevails then reimbursement for Carrier’s attorney fees, court cost and all other related fees, shall be provided by the shipper/owner. Shipper/Owner agrees that carrier has a security interest in the vehicle until all fees have been received and cleared.
10. Please inspect your vehicle at time of delivery and report any transport damage to driver. This must be noted on the Bill of Lading at time of delivery. If you do not note damage at time of delivery no claim will be accepted. If you believe you have a claim, you must contact Taggart’s Auto Transport/Jay’s Transport immediately. If we are closed leave a message, 2 written estimates must be received in our office with 72 hours of delivery. We must receive photographs within 7 days of delivery. If carrier is responsible for repair, Carrier has the right to have vehicle repaired at place of carriers choosing.
11. Carrier reserves the right to use whatever means of transportation necessary to facilitate the delivery of vehicle.