FIRST AUTO TRANSPORT INC.
TERMS AND CONDITIONS
1. Contractual Relationship
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you.
1. Client understands that by providing pickup and delivery addresses of vehicle(s) and/or credit card details is hiring the services of First Auto Transport Inc. (hereinafter referred to as “First Auto Transport”), a shipping company providing the service of online booking that contracts with Federally licensed and bonded transportation Brokerages as Brokers Agent to arrange the shipment of Client's vehicle with a Federally licensed and insured Contract Carrier (hereinafter referred to as 'Carrier'). Furthermore, Client has thoroughly read and completely understands this agreement and will abide by these terms and conditions.
2. First Auto Transport agrees to provide a reliable and insured carrier to transport vehicle(s) as promptly as possible in conformance with Client's instructions but cannot guarantee pickup and/or delivery on a specific date or time. Client may request pick up dates, but understands that while First Auto Transport will do all that can be done to meet Client's requests, due to the nature of the industry, such dates can only be requested and not guaranteed. Once a carrier is assigned to transport vehicle(s), Client will be given the projected dates of pickup and delivery as well as the Carrier name and direct phone number. Any dates given by First Auto Transport are Carrier's computations only and are provided solely to assist the Client and Carrier in the arrangement of their schedules. Dates provided for pick up or delivery are never guaranteed, as certain conditions can alter a Carrier's schedule ( i.e. weather and road conditions, scheduling or mechanical issues, a late customer, etc.). As such, Client may never hold First Auto Transport or First Auto Transport’s contracted Brokers liable for costs incurred as the result of any delays, including (but not limited to) any car rental fees or accommodation fees for Client. Also, Client understands and agrees to make themselves and/or Client's designated agent(s) (hereinafter referred to as "Clients Agents") available at all times necessary through phone, email or fax numbers provided to First Auto Transport for any transport related issues until delivery of vehicle.
3. The total price for the transportation is factored using numerous pieces of information including (but not limited to) the size and/or weight of the vehicle(s). Misrepresentation to First Auto Transport of vehicle(s) size, weight and/or any modifications may result in additional fees and/or cancellation of the order. Modifications include (but are not limited to): extended cab, crew cab, long bed, diesel, 4x4, dually, side steps, flip top conversion vans, extended length cargo vans, over sized (non-stock) tires and/or rims, lift kits, roof /ladder racks, lowered, ground effect, spoilers, fog lights, tool boxes, etc. Deposits are never in orders canceled due to misrepresentation of vehicle(s).
4. First Auto Transport will charge the Deposit, which constitutes First Auto Transport service fee, at time of placing the order as services rendered for booking the order and assigning the booking as agent to one of First Auto Transport’s contracted federally licensed and bonded transportation brokerages listing the shipment via broker’s internal load boards, and/or national load boards for fulfillment via a carrier. Client accepts the services from First Auto Transport to be satisfactory and complete once order is assigned to a Brokerage, which is generally immediate or up to 8 hours after client places order. Any service fees or deposit/s unpaid and due outstanding to First Auto Transport will be added to the remaining balance and either collected by Carrier on delivery or charged on the credit card provided in this agreement before the vehicle(s) will be released at delivery. All deposits and service fees are final and non-refundable.
5. Vehicle(s) is (are) considered in operational condition and must be able to be driven onto and off of Carrier's truck under vehicle's own power at all times during shipment unless clearly noted on Client's order as non-running or inoperable ('INOP'). INOP vehicles must roll, steer and brake. If vehicle does not meet all three of these conditions, additional fees may apply. Vehicles that become non-operational during shipment, for any reason, will be subject to an additional, industry standard, non-operational fee of One Hundred and Fifty Dollars ($150.00). If vehicle is INOP and Carrier cannot physically reach the pick up or delivery location, a local tow truck may be used to assist in the service at the expense of Client. Also, any Client shipping INOP vehicle(s) may be required to help load or unload at Carrier's discretion. Shipper shall remove all non-permanent outside mounted luggage and other racks prior to shipment. Vehicles must be tendered to carrier with no more than a half tank of fuel (prefer 1/4 tank).
6. Client agrees and understands that vehicle(s) must be free of cargo as neither First Auto Transport, First Auto Transport’s contractors, Carrier are licensed or insured to handle the transportation of "Household Goods". Damage to, loss of, or fines issued to Carrier resulting from any unauthorized cargo present in vehicle during shipment are the sole responsibility of Client. In addition, Client must prepare vehicle for transport by providing any and all keys, disarming and providing necessary remotes for any alarm systems, and removing or retracting all antennas, loose items and/or protruding accessories from vehicle. No electronic equipment, valuables, plants, live pets, alcohol, drugs or firearms may be left in the vehicle. First Auto Transport, First Auto Transport’s contractors, and Carrier may not be held responsible for any damage to, loss of or damage caused by items left in Client's vehicle during transport.
7. It is Client's responsibility to ensure that vehicle(s) is(are) ready to be released to the chosen Carrier by the projected pickup date provided by Client at the time of order placement. Failure to release vehicle(s) for any reason (including but not limited to: storage, auction, port, towing, mechanical, purchase fees, scheduling or personal issues, etc.) may result in cancellation and/or a 'Dry Run' fee . Standard fee for 'Dry-Run' is Two Hundred Dollars ($200.00). Client may elect to reschedule a new Carrier through First Auto Transport (additional fees apply). All deposits are final and non-refundable.
8. Carrier will be in touch with Client or Client’s Agent by phone at the numbers provided by Client in order to schedule an appointment for pickup and delivery of vehicle(s). It is Client's sole responsibility to verify that all contact phone numbers and email addresses given to First Auto Transport, and consequently Carrier, are correct. In the event Client or Client’s Agent is unable to meet Carrier at the appointed time for delivery and/or make payment of balance due, vehicle(s) may be stored in a facility chosen by Carrier at Client's expense. First Auto Transport will not be held responsible for any storage fees.
9. Payments for the balance due to Carrier (COD) must be made on or before delivery of vehicle(s) unless payment on pick-up (COP) is prearranged or payment was made in full to First Auto Transport at the time of order placement (Full-Payment). All COD payments must be made directly to Carrier in the form of cash, cashier's check or money order payable to Carrier's company name ONLY.
10. This contract is subject to all of the terms and conditions of Carrier's straight bill of lading and any liability exclusions therein. First Auto Transport has no responsibility or liability for any damage to vehicle(s) and/or the contents of said vehicle(s) during transport or at any other time. Client or Client’s Agent should under no circumstances release or receive vehicle(s) from Carrier without an inspection report (Bill of Lading/BOL) regardless of the time of day or weather conditions. Carrier and Client, or Client’s Agent, are required to verify, sign and obtain a copy of both pick up and delivery inspection reports. Failure to do so may result in Client's inability to file a damage claim. Carrier's insurance will ONLY process claims for damages due to Carrier's own negligence. Damage must be reported to First Auto Transport and the Carrier within 24 hours of delivery and clearly listed on the BOL and signed by Carrier's driver, no exceptions, the carrier solely shall be responsible for all obligations to the Customer, First Auto Transport will share the Carrier insurance policy information upon request but is not the entity responsible for any damages. In the event there is damage during transport, Client (or designated Client’s Agent) must note those damages on the final inspection report, pay the remaining balance stated on this agreement (all monies owed for transport must be paid) and then contact Carrier's main office as well as Carrier's insurance company. Failure to note any damage on the final inspection report releases Carrier of any liability and could result in the inability to process a damage claim.
11. Neither First Auto Transport, First Auto Transport’s Contracted Broker, nor Carrier can be held responsible for damages caused by vandalism, an act of God (hail, fire, sandstorms, flooding, snow, tornadoes, earthquakes, hurricanes, etc.), object flying from the road or object falling from the sky during transport.
12. All Carriers selected by First Auto Transport must maintain the required insurance to protect Client’s vehicle(s) during transport. Once vehicle(s) have been dispatched to the selected Carrier, First Auto Transport will inform Client of Carrier's Operating Authority along and active insurance, as well as, any and all pertinent contact information for Carrier the day before specified pick up date, or morning of specified pick up date. Carrier's direct bill of lading, Operating Authority and Active Insurance must be obtained from the Carrier's driver and/or Carrier's office at the phone numbers provided. First Auto Transport grants their clients the right and ability to refuse the service of the selected Carrier based on this or any other information and to request to be set up with a different Carrier by First Auto Transport. Refusal of Carrier must be done at least 8 hours in advance of scheduled pick up and will result in a $100 rescheduling fee that will be charged in addition to the deposit on the credit card provided.
13. In the event that Carrier is unable to safely access the pickup or delivery addresses given by Client (due to, but not limited to: entrance restrictions, low hanging branches, and/or narrow streets), Client agrees to meet Carrier at a nearby location in order for Carrier to safely perform his service. Inability to meet Carrier at pick up and/or delivery may result in additional fees.
14. Client understands that the vehicle(s) will be driven onto and off the carrier at the driver's discretion. The carrier and driver jointly and separately are authorized to operate and transport his/her or their motor vehicle between its pick up location and the destination set forth on this shipping order-bill of lading.
15. First Auto Transport guarantees the pickup of Client's vehicle within 7 business days starting at the First available date provided by Client (applies only to Standard stock Cars, SUV, Pickup Trucks and Motorcycles). If First Auto Transport fails to pick up Client's vehicle within 7 business days from the first available date Client can opt out of this agreement. If this agreement is canceled by Client anytime prior to or within 7 business days from the First available date for vehicle pick up provided by Client and a carrier hasn't been assigned for such transport, a $200 cancellation fee will be charged to the credit card provided at the time of booking.
16. Client agrees and understands that these terms and conditions are the only contract between Client and First Auto Transport. This document is binding as it supersedes any and all verbal or written communications, and as such may not be changed or altered by First Auto Transport, Client or Client’s Agent. First Auto Transport reserves the right to change these terms and conditions at any time without previous notice.
17. This agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties further agree that any legal action arising out of this agreement must be filed in a court of jurisdiction within Miami-Dade County, Florida and that First Auto Transport is limited to the amount of First Auto Transport’ service fee only. Client hereby submits to the jurisdiction of such courts and waives any right to jurisdiction in any other location.
18. International orders, the car must be completely empty except for factory installed equipment. Indicate VIN Vehicle Identification Number / Serial Number, and give car’s approximate value in U.S. dollars. Shipper is responsible for the proper customs paperwork. (Ask the assigned carrier company for help with these documents)
19. First Auto Transport and/or its Agents and Contractors shall never be responsible for:
-Damage not clearly noted on the Bill of Lading (inspection report), regardless of the time of day or weather conditions.
-Damage to undercarriage, suspension, brakes, alignment, tuning, exhaust system, electrical system or battery as no evaluation or inspection of the previous condition of such parts is performed before pick up.
-Damage to antennas (First Auto Transport strongly suggests retracting or removing of any and all antennas).
-Damage to or loss of personal items or non-stock equipment including (but not limited to) audio and/or video systems, GPS equipment, tracking devices, phones and power windows/mirrors.
-Fines due to personal items inside the vehicle(s).
-Damage caused by object or debris flying from the road (rock chips, windshields, etc.).
-Damage to cloth or vinyl roofs.
-Damage caused by leaking fluids during transport, such as motor oil, transmission fluid, battery acid, coolant, anti-freeze fluid, power steering fluid.
-Damage to driveways, buildings, walls, doors, gates, garages, yards, trees, plants, sidewalks, fences, awnings mailboxes or nearby vehicles.
-Damage caused by an act of God (hail, fire, sandstorms, flooding, snow, tornadoes, earthquakes, hurricanes, etc.).
20. All of the terms and conditions herein apply to transport any order within the contiguous United States, Alaska, and Hawaii. All of the terms and conditions herein apply to transport any order that is prepared to exit the country for international transport. Express terms and conditions for specific transport to and/from specific countries may require additional terms and conditions for the specific country in addition to the terms and conditions set forth herein. If no other terms and conditions are provided for international transport than the order shall be bound by these terms and conditions.
This supersedes all prior written or oral representation of First Auto Transport and constitutes the entire agreement between you the client and First Auto Transport and may not be changed except in writing signed by an officer of First Auto Transport.