Shipping Agreement General Provisions
1. Shipper warrants that is the registered
legal owner of the vehicle, or that it has been duly authorized
by the legal owners to enter into this Agreement.
2. In the event that the shipper cancels
the order, Shipper shall pay Express Auto Transport, a cancellation
charge of $100.00 in addition to any other amounts due under this
3. Shipper upon tender of shipment to
Express Auto Transport or its agent, and the cosigner upon acceptance
of delivery of shipment from Express Auto Transport or its agent,
shall be jointly and severally liable for any and all unpaid charges
payable on account for shipment, including but not limited to,
sums advanced or disbursed by Express Auto Transport or its agent
on account of such shipment and any and all costs of collection,
including costs and reasonable attorneys' fees.
4. Shipper shall not leave personal
belongings in vehicle except those attached to and a part of the
vehicle. Express Auto Transport shall not be responsible for loss
or damage to personal belongings, including without limitation
any personal property which is not factory installed, that are
not a part of the vehicle.
5. Unless the order has been pre-paid
or other arrangements have been made, Shipper shall pay all C.O.D.
amounts, including any additional charges, in cash or certified
6. Signing Express Auto Transport's
Bill of Lading or the agent's Bill of Lading at destination without
notation of damage shall be evidence of satisfactory delivery
of the vehicle. Claims must be made to Express Auto Transport
in writing within fifteen (15) days of delivery with specific
damages claimed. Carrier shall not be liable directly, in subrogation
or by assignment to owner's insurance for any payment made under
owner's insurance covering the vehicle while in carrier's possession.
7. Express Auto Transport and its agents
shall not be liable for damages not caused by their negligence,
and Shipper agrees to submit claims for such damages to Shipper's
insurer, including without limitation the following:
a. Minor damages such as scratches,
scrapes and chips that result from normal road conditions, wear
b. Damage caused by leaking fluids,
battery acids, cooling system anti-freeze solution, industrial
fallout, acts of God, mechanical malfunctions, exhaust assembly,
frame, alignment, tire damage, suspension, glass damage, overloaded
vehicles, defective or insufficient brakes, parking brake or parking
c. Damage to convertible tops that
are loose, torn or visibly worn prior to transport;
d. Damage to vehicle boots, caps,
masks, bras and any other type covering;
e. Damage caused because vehicle
cannot be driven on or off transporter under its own power;
f. Damage caused by tie downs that
break or tear due to vehicle's age or condition;
g Damage that is undetectable
due to vehicle's dirty condition at the time of pickup;
h. Auto rental costs.
8. Shipper shall prepare the vehicle
for shipment including without limitation removing or properly
securing all batteries, loose parts, fragile or protruding accessories,
low hanging spoilers, antennas, etc.
9. Shipper agrees to indemnify, defend
and hold Express Auto Transport and its agents harmless for any
costs, expenses, damages, losses and claims caused by Shipper's
breach of any warranty or obligation under this Agreement.
10. The provisions of this Agreement
are severable, and the invalidity and unenforceability of any
provisions herein shall not affect the enforceability of the
remaining provisions, which shall remain in full force and effect.
This Agreement supersedes all written and/or oral agreements between
Express Auto Transport and Shipper and may not be changed except
when in writing by an officer of Express Auto Transport The parties
agree that any legal action arising out of this Agreement must
be filed in a court of competent jurisdiction within the State
of Ohio. Shipper hereby submits to the jurisdiction of such courts
and waives any and all defenses based on lack of personal jurisdiction.
This Agreement shall be governed by and construed in accordance
with the laws of the State of Ohio.
1. Carrier warrants and Shipper acknowledges
that carrier, Express Auto Transport is licensed by the Interstate
Commerce Commission of the United States Government, holding Motor Carrier authority under Certificate No. MC-367548
2. This order and any shipment hereunder
is subject to all terms and conditions of Express Auto Transport
Bill of Lading, copies of which are available to Shipper at the
office of Express Auto Transport and the terms of which are incorporated
herein by this reference.
3. By Shipper's signature or agent's
signature, Express Auto Transport and the motor carrier transporting
the vehicle and their agents and employees, jointly and severally,
are authorized to operate and transport the vehicle from point
of origin to the destination specified in the Bill of Lading,
Express Auto Transport is authorized to drive said vehicle either
at origin or destination between the points of loading/unloading
and the points of pickup/delivery, and Shipper shall provide insurance
4. The parties acknowledge and agree
that in the event that there are problems regarding truck delivery,
interstate Commerce Commission regulations require that all outstanding
freight charges be paid without deductions. The Shipper agrees
to properly note any damage claimed while the driver is making
the delivery, and to pay the balance of the delivery charges in
cash or certified funds. Any claim of damage caused by Express
Auto Transport or its agents must be made within fifteen (15)
days of delivery in writing, specifying the damage claimed, and
must be accompanied by two (2) written estimates for repair and
photographs of claimed damage. If Express Auto Transport does
not actually transport the vehicle, the carrier actually transporting
the vehicle shall be liable for any and all damage claims arising
from the transport. The Shipper agrees to file all claims with
such carrier as identified on the Bill of Lading/Delivery Receipt,
and to bring any legal action for damages against such carrier
only. The Shipper agrees to release and hold harmless Express
Auto Transport from any such claims. All subcontractors hired
for truck transport have insurance and ICC Authority on file with
Express Auto Transport which are available to Shipper upon request.
5. After Shipper makes the vehicle available
to Express Auto Transport for transport, Express Auto Transport
shall use its best efforts to deliver the vehicle within 7-14
days. However, because unforeseeable factors could delay delivery
beyond 14 days, Express Auto Transport does not guarantee the
date or time of delivery.
6. Shipper shall pay an additional $200.
for each inoperable vehicle (including vehicles which become
inoperable after delivery to Express Auto Transport), and an additional
$300 for each over-sized vehicle, unless such vehicles are disclosed
as being inoperable or oversized, respectively, on the reverse
side of this Agreement.
7. While Express Auto Transport and
its agents are driving for purposes of parking, storage and other
purposes incidental to performance of the obligations under this
Agreement. Express Auto Transport shall have the full benefit
of any insurance that has been effected by Shipper on the vehicle
or said property, unless said insurance coverage is void while
the vehicle or property is in the possession of Express Auto Transport
and its agents.