SHIPPING AGREEMENT
TERMS AND CONDITIONS
1. Customer is the registered legal owner of the vehicles(s) and has authority to enter into this agreement or has been duly authorized by the legal owner the vehicle(s) to enter int this agreement.
2. Customer shall prepare the vehicle(s) for transport by removing or properly securing all batteries, loose parts, fragile or protruding accessories, low hanging spoilers, antennas and other similar items. Any part of the vehicle that falls off during transport is the customer's responsibility including damages caused by said part to any other vehicles involved. The Customer shall disarm any vehicle alarm system and provide CNS Transport with any tool or keys to disarm the system if activated. If the alarm system is activated during transport of the vehicle CNS Transport may deactivate the alarm system by any means that it or the transport driver deems reasonable and effective. Customer releases any claims for damages that are caused by customer's failure to fulfill these obligations.
3. IN NO EVENT SHALL CNS TRANSPORT, ITS EMPLOYEES BE LIABLE FOR ANY DAMAGES EXCEPT FOR DAMAGES TO VEHICLES ACTUALLY TRANSPORTED AND ONLY TO THE EXTENT SUCH DAMAGES WERE CAUSED BY CNS TRANSPORT GROSS NEGLIGENCE OR INTENTIONAL CONDUCT. Customer specifically agrees and hereby waives any other claims against CNS Transport, but not limited to minor damages such as scratches, scrapes and chips that result from normal road conditions and wear and tear: damages caused by leaking fluids, battery acid and/or cooling systems anti-freeze solution: industrial fall-out: MECHANICAL MALFUNCTIONS: exhaust assembly; frame; alignment; tire damage; suspension; glass damage; overloaded vehicles; defective or insufficient brakes; parking brake or parking gear; damage to loose, torn. or visibly worn convertible tops; damage to vehicle tie-downs that break or tear due to vehicle's age or condition; damage that is undetectable due to the vehicle's dirty condition at the time of pick-up; or damage caused as a result of acts of God or other Force Majeure events. ADDITIONALLY CNS TRANSPORT WILL NOT PROVIDE REIMBURSEMENT FOR AUTO RENTALS FEES RESULTING FROM DELAY, DAMAGE, OR ACCIDENT.
4. Customer shall identify any damage to any vehicle(s) by noting the damage on the Bill of Lading received by customer and the time of delivery. Any claims related to such noted damage must be submitted in writing to CNS Transport within 15 days of delivery, or , in case of failure of delivery, within 15 days of the date that vehicle was scheduled to be delivered. Customer hereby waives any damage claims that are not noted on the Bill of Lading or for which customer has not submitted a timely written claim. CNS Transport shall not be liable directly, in subrogation, or by assignment to customer's insurance company for any claims paid by the company. IN NO EVENT SHALL CNS TRANSPORT BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
5. Customer shall remove all detachable personal belongings from the vehicle(s). CNS Transport may impose additional fees, in its sole discretion, for the transport of contents left in a vehicle. In no event, however, will CNS Transport be responsible for the safe transport of any such contents.
6. Customer or his agent, who has been identified in writing to CNS Transport, shall be present at the point of pick-up or delivery. If customer or its authorized agent is not present for any reason, the vehicle(s) will be placed in storage, at customer's cost.
7. No delivery time is guaranteed. All delivery dates and times are only estimates of normal deliveries (delays may occur). CNS Transport does no agree to transport shipment in time for any particular market or event and will not be responsible for loss or damages occasioned by unavoidable delay. There are absolutely no guarantees made, expressed or implied, regarding delivery times or dates.
8. Any deposit made by customer shall be retained immediately by CNS Transport based on the completion of the transport of the vehicle unless otherwise canceled by the customer. In the event CNS Transport has been assigned to the transport the full deposit may be retained and considered earned by CNS Transport. Customer may additionally cancel this agreement at any time prior to 7 days after the vehicle ready date. In such event, deposit will not be refunded.
9. The entire amount of the transport charge is due and payable without discount upon tender of the vehicle(s) regardless of the loss of , or damage to, the vehicle(s) at any stage of the transport. An additional charge of $ 200.00 will be assessed if the vehicle becomes inoperative for any reason during transport. An over sized vehicle fee of $300.00 will be imposed unless such vehicle has been pre-approved and disclosed prior to transport.
10. Customer and/or agent are jointly and severally liable for any and all unpaid charges, including, but not limited to sums advanced or disbursed by CNS Transport and any and all cost of collection, including cost and reasonable attorney fees. Unless the order prepaid or CNS Transport has otherwise agreed in writing, customer shall pay COD amounts, including any additional charges, in cash or certified funds. CNS Transport will have a lien on the vehicles(s) for any charges that remain unpaid and any such lien will survive the delivery of the vehicles.
11. Customer shall defend, indemnify and hold CNS Transport harmless for any cost, expense, damage, loss and claim, including any third party property or personal injury claim. arising out of or related to customer's breach of any obligation hereunder.
12. Performance under this contract shall be excused to the extent such performance is prevented by force majeure. The term "force majeure" shall include acts of God or the elements acts of a public enemy, acts of terrorism, riots, strikes, labor disputes, fires, explosions, floods, acts of orders of civil or military authorities, or other causes beyond the reasonable control of the party declaring the force majeure events. Such excuse from performance shall continue until the force majeure event ceases to exist.
13. The provisions of this Agreement are sever able and the invalidity and enforceability 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 or oral agreements between CNS Transport and Customer and may not be changed except when in writing by an officer of CNS Transport.
14. This Agreement shall be governed by and constructed by and constructed in accordance with the laws of the State of Washington. The parties further agree that any legal action arising out of this Agreement shall be filed in a court of competent jurisdiction with in Pierce County, Washington. Customer hereby submits to the jurisdiction of such courts and waives any and all defenses based on lack of personal jurisdiction.
