This is a contractual agreement by and between, Soldier Car Transport, located at 3318 Bridgeport Way W, Suite D-9, University Place, WA 98466, and John Smith.
Auto Transportation: 2011 chevy equinox
Pickup: Tacoma, WA
Delivery: Tucson, AZ
Total Shipping Cost: $1000.00
1. Client warrants that they are the registered legal owner of the vehicle being transported, or that client has been duly authorized by the legal owner(s) to contract for transportation of the auto (s).
2. Soldier Car Transport warrants and the client acknowledges that Soldier Car Transport is fully licensed and authorized by the Federal Motor Carrier SafetyAdministration (FMCSA) under the United States Department of Transportation(USDOT) to arrange transportation of property.
3. Soldier Car Transport will ensure the assigned carrier to transport client’s auto is fully licensed to operate and insured in accordance withFederal Motor Carrier Safety Administration (FMCSA) guidelines which includes insurance coverage at the minimum of $100,000.00 for public liability and property damage; and includes cargo insurance to protect the clients auto.
4. The client shall, in their absence, designate someone to act as the client's agent at the points of pick up and / or delivery. Persons designated by the client to deliver or pickup transported auto must be 18 years of age or over.
5. The client maintains the option to cancel the auto transport service anytime, with no cancellation fee assessed. The client agrees if plans change as far as requested date (s) or cancelation of transport service, to notify Soldier Car Transport immediately.
6. The assigned carrier will pick up and deliver to the client’s requested address, if the provided address is both legal and safe for the carrier to travel. If the desired location is deemed restricted or unsafe, the carrier will pick up and deliver at a mutually agreed upon location close to their requested pickup and delivery address. The client agrees the assigned carrier has sole discretion to determine if a pickup and delivery location is considered safe.
7. Client accepts the estimated pickup and delivery date provided can fluctuate due to carrier availability and unforeseen circumstances, such as road conditions, weather, and mechanical issues. Soldier Car Transport cannot guarantee exact pickup and delivery times, and dates. Soldier Car Transport will make all reasonable steps to ensure the client’s auto is picked up within the provided window. Soldier Car Transport will not be held liable, under any circumstance, for delays in the pickup or delivery of the client’s auto.
8. The client will pay a $300.00 after drop off or pickup via credit, debit or Zelle. The remaining quoted amount will be paid via cash, certified check or money order to the driver at delivery. If all said funds are not paid by delivery, the client’s auto will be placed in storage, and the client is responsible to pay assessed storage fees.
9. The client will be responsible for preparing the vehicle for shipment. All loose parts, fragile or protruding accessories, low hanging spoilers, antennas, etc.,must be removed and/or properly secured. Any part of the vehicle that falls off during transport is the client's responsibility, including damages caused to any other vehicles involved. Security systems should be disarmed, and any keys or transmitters for their auto must be provided to the assigned carrier /transporter.
10.Soldier Car Transport, nor the assigned carrier, will be responsible for loss of or damage to personal belongings, including without limitation any personal property which is not factory installed, that are not originally part of the vehicle. The client is authorized to pack no more than 100 pounds of personal property in the vehicle designated for shipment. Loading of liquids, gases, aerosol cans, cleaning supplies, illegal paraphernalia and / or narcotic substances, and weapons of any kind are strictly prohibited.
11. Client will ensure the transported auto (s) have enough gas for the carrier to maneuver the vehicle on and off their trailer. Recommended fuel level of transported vehicle is between 1/4 and 1/2 tank full.
12. The client will pay an additional $300.00 if the vehicle is or becomes inoperable during transport, unless the auto is disclosed previously as being inoperable. All inoperable vehicles must steer, brake and roll.
13. Client agrees to carefully inspect their vehicle and note any preexisting damages on the provided inspection report at the time of pickup. Both the client and carrier will acknowledge any pre-existing damages or conditions of the transported auto onthe inspection report recorded on the Bill of Lading. The customer will receive a signed copy ofthe Bill of Lading prior to shipping at the designated pickup location.
14. Upon delivery, the client and carrier will conduct a joint inspection of the transported auto and note the condition of the vehicle. If any damages occurred while in transit, it will be noted during this inspection on the Bill of Lading. Both the client and carrier will acknowledge the condition of the vehicle at destination and a final copy of the Bill of Lading will be provided to the client. Any damages must be reported and acknowledged on the final Bill ofLading.
15. All damage claims must be reported in writing to Soldier CarTransport within 24 hours after delivery of the transported vehicle. Soldier Car Transport will provide to the client the carrier’s insurance policy for the client to file a claim. It is the client’s sole responsibility to file a claim against the carrier’s insurance if damage occurred while in transit. The client agrees that SoldierCar Transport will not be held liable for any damage claims to the client’s auto, at any time during the transport process. All damage remedies will be filed against the auto carrier’s insurance policy, who transported the vehicle.
16. In accordance with Section 10761 of the Interstate Commerce Act (49USC 1071), freight charges must be paid and not postponed due to any issue involving damage to the auto during transit. Federal regulations prohibit withholding the payment of freight service charges due to pending claims against a carrier. Freight payments and damage claims are separate transactions. A damage claim will not be processed until the freight / shipping charges are fully paid.
17.Soldier Car Transport or the assigned carrier will not be held liable for damages not caused by their negligence, including without limitation for any of the following:
19. The client agrees to indemnify, defend and hold harmless Soldier Car Transport and the assigned carrier for any costs, expenses, damage, losses and claims caused by the client's breach of any warranty or obligation under this contract.
20. This contract constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. It supersedes all prior negotiations, letters and understandings relating to the subject matter hereof.
21. This agreement may not be amended, supplemented or modified in whole or in part except by an instrument in writing signed by the party or parties against whom enforcement of any such amendment, supplement or modification is sought.
22. This contract will be enforced in accordance with the laws of the State ofWashington.
23. Parties agree that all actions or proceedings arising in connection to this agreement will be tried and ligated exclusively in the State and Federal courts located in Pierce County within the State of Washington. The parties here to hereby irrevocably waive, fully permitted by law, any objection to jurisdiction or venue of any action arising out of or relating to this contract brought in Pierce County within the State of Washington.
Patrick J. Spaulding, Soldier Car Transport - President