1. The following terms and conditions constitute the entire agreement between National Transport, LLC, a Florida limited liability company (“NT”), and the undersigned customer (“Customer”).
2. NT shall locate, and contract with, a transport car carrier (“Carrier”), to transport the above mentioned vehicle/item (the “Vehicle”) between the origination and destination points, as described above, for the price indicated below. As Customer’s agent, NT shall also expedite the process of contracting with a Carrier that maintains insurance for the Vehicle, and NT may rely solely on Certificates of Insurance provided by Carrier to determine the existence of any insurance. NT shall not be required to validate any documents furnished to it by Carrier and NT will not be liable for any documents presented to it by Carrier.
3. Customer or Customer’s agent represents and warrants that he/she is the registered legal owner of the Vehicle(s), or that he/she is duly authorized by the legal owner of the Vehicle to enter into this Agreement.
4. Customer shall prepare the Vehicle for transport. Customer shall remove and secure all loose parts, fragile accessories, and low hanging spoilers. Customer shall inspect the Vehicle and go through condition report with Carrier before and after shipping. Customer shall disarm, or give keys to Carrier, for any alarm system installed in the Vehicle.
5. Customer shall not leave personal belongings, nor store illegal items, inside the Vehicle. NT and Carrier shall not be responsible for any items left in the Vehicle.
6. Carrier or NT will notify Customer, prior to pick up/delivery, of the time and location where the Vehicle will be picked up/delivered. If Customer is unavailable to meet Carrier at such time and place, then Customer shall designate a person to act as his/her agent at the point of pick up and/or delivery. When Carrier arrives, Customer shall pay Carrier the full payment amount that is then due, by cashier’s check or money order. The Vehicle will be placed in storage, at Customer’s expense, if either (i) Customer cannot make the payment by methods mentioned above, (ii) Customer cannot accept delivery for any reason, or (iii) the Vehicle becomes inoperative.
7. Customer must identify any damage to the Vehicle by noting the damage on the bill of lading received by Customer at the time of delivery. Customer must submit in writing any claim related to such noted damage to Carrier within 15 days of delivery of the Vehicle to Customer. Customer waives any damage claims that are not noted on the bill of lading, or for which Customer has not submitted a timely written claim. Customer filing a claim does not relieve him/her from liability payment due under this Agreement, and Customer shall not offset any charges owed to NT against claims for any loss, damage, redelivery, non-delivery or for any other cause. Customer must address, bring, and file all claims and legal actions only against Carrier, or Carriers insurance policy, without exception. NT may, in its sole discretion, assist Customer in recovering damages from Carrier.
8. The duties of NT are limited to duties described in section 2 of this Agreement, and NT shall not be responsible or liable for the inspection, loading, transport, delivery, or unloading of the Vehicle. NT does not, will not and cannot exercise any control whatsoever over Carriers actions prior to, during, and/or post transport of the Vehicle.
9. Customer shall indemnify, defend, and hold NT harmless from any and all cost, expense, damage, loss, claim and all requests of recompense (collectively, “claims”), including, but not limited to, claims arising or resulting from (a) any breach of Customer’s representations, warranties, or covenants contained in this agreement, (b) expenses incurred by Customer because of carrier’s lack, limitation, or deductibles of cargo insurance, (c) attorney’s fees incurred by NT to enforce or defend any provision of this agreement, regardless of whether a lawsuit is acTually commenced, AND (d) any third party property or personal injury. CUSTOMER WAIVES, AND NT SHALL NOT BE LIABLE FOR, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR INCOME, WHETHER OR NOT NT HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
10. NT will refund the additional premium fees charged** (if noted) if specific dates/times are not met.
11. Carrier shall not be responsible for damage caused by acts of God, including, but not limited to, hail or storm damage.
12. NT may cancel this Agreement for any reason at any time.
13. If NT has already made arrangements with the Carrier, Customer’s cancellation of any transport or agreement is subject to a $100 dry run fee.
14. Any provision or portion thereof in this Agreement found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the rest of this Agreement. Such prohibition shall only be pertinent to that specific circumstance and will not invalidate provision from all other circumstances.
15. This Agreement supersedes any and all verbal statements given at any time by any employee or agent of NT. This is the only Agreement between NT and Customer governing the transport of the Vehicle. Customer agrees that he/she has a full understanding of this Agreement, is over 18, and able to enter into the terms and conditions of this Agreement.
16. This Agreement will be construed and governed in accordance with the laws of the State of Florida and any and all actions, causes of actions or lawsuits brought by NT or Customer must be brought in Brevard County, Florida or in the United States District Court for the Middle District of Florida. Services provided by NT for Customer are provided solely in the state of Florida and any of the activities of NT under this Agreement are performed in the State of Florida. BY EXECUTING THIS AGREEMENT, CUSTOMER WAIVES ANY AND ALL RIGHTS TO LITIGATE ELSEWHERE. Any judgment Customer obtains in violation of this provision against NT shall be deemed null, void and unenforceable against NT.
17. Facsimile and electronic copies of signatures to this Agreement shall be treated as originals.