UZ AUTO TRANS INC. GENERAL TERMS AND CONDITIONS
- Customer is the registered legal owner of the vehicle(s) being transported and has authority to enter into this Agreement or has been duly authorized by the legal owner of the vehicle(s) to enter into this Agreement.
- By shippers signature or his/her agents signature, or as accepted online, Carrier and agents, jointly and separately are authorized to operate and transport vehicle(s) from the point of origin specified to the point of departure and to the specified destination via any mode.
- “Door-to-Door” Service means the truck will get as close to the stated address as is legally and safely possible. Customer and his agents agree to meet the truck at a large parking lot for pickup and/or delivery of the vehicle(s) may be necessary due to low hanging trees, low hanging wires, narrow streets and residential area restrictions if requested by the transporter.
- Customer agrees that the vehicle is free of contents. Absolutely NO firearms, alcohol, hazardous materials, contraband, household goods, or illegal substances may be in the vehicle. Vehicles are subject to inspection by the DOT and/or State Police.
- Upon acceptance, shipper and receiver of vehicle, are jointly liable for all charges due for shipment. They will be responsible to pay all cost of collections, to include, but not limited to, court costs and attorney fees with interest at a periodic rate of 1.5% per month or 18% per year.
- Consignee is responsible to be at scheduled delivery point at specified time and place. If Consignee is unable to be at the scheduled pickup point, he/she will be charged a $100.00 a day storage fee. Carrier will not be held liable for any non-use of the vehicle charges, including, but not limited to auto rentals, or any other charges due to delay or damage to vehicle.
- Shipper shall pay an additional fee to be determined by the carrier for each inoperable vehicle. If vehicle is rendered for shipment and later becomes non-operational, the fee will be assessed, as well as any other charges incurred to accomplish delivery, including, but not limited to Wrecker, Forklifts, Roll-backs, etc.
- If vehicle is vandalized either during shipment or while awaiting shipment, Carrier will not be held responsible; owner will have to submit a claim to his/her own insurance or absorb the loss. Shipper agrees that his/her vehicle is insured and his/her insurance has primary responsibility.
- Payment for transport is due at or prior to time of delivery. NO exceptions.
- No auto rental will be honored (for delays, damage, or accidents) no exceptions.
- No delivery time is guaranteed. All delivery dates are only estimates of normal deliveries (delays may occur). Transporter does not agree to transport shipment in time for any particular market or event and will not be responsible for damages occasioned by unavoidable delay. There are absolutely no guarantees made, expressed, or implied, regarding delivery time or dates.
- Personal belongings are not to be transported inside vehicle. Carrier shall not be responsible for loss or damage to personal belongings, including any "personal property" left in the vehicle, including loss or damage to stereo equipment, and to any non-stock items of the vehicle, nor will carrier be responsible for damages caused to vehicle by personal property left inside vehicle. Shipper must disarm any alarm system installed in the vehicle or provide proper instructions for this matter. In the event said alarm sounds and there are no keys or instructions to turn it off, Carrier may silence alarm by any means.
- Shipper is responsible for preparing vehicle for shipment. Securing loose parts, mufflers or tail pipe, spoilers, non-stock kit additions, antennas, and switches. A part that falls off during transport is the customers responsibility as are leaking fluids, including damages caused by said parts or fluids to any and all other vehicles involved. It is the customers’ responsibility to notify carrier of and all fluid leaks. Vehicles must be tendered to Carrier in good running condition (unless otherwise noted) with no more than a half tank of fuel (preferably 1/4 tank).
- If the vehicle is inoperable or over-sized (dual or over-sized wheels, extra-large racks, lifted, limo, etc.) Shipper must inquire as to the extra charges. If UZ AUTO TRANS INC is not advised of inoperable or over-sized/modified vehicles prior to pick up, all extra charges must be paid in cash or money order to the Carrier upon delivery.
- Shipper agrees that UZ AUTO TRANS INC reserves the right to reject (cancel) any order for any reason at any time.
- Shipper must understand that this is an open transport trailer and vehicles will be loaded forward or backward on top or on bottom of trailer and no placement on trailer is promised to any customer. Driver has full discretion based on load needs and delivery schedule on how and position that vehicles will be loaded on trailer. Carrier is Not responsible for damage to parts on cars not aerodynamically meant to be transported in this fashion of open air transport.
Attention Consignee, Inspect Your Vehicle(s) Upon Delivery!
It is agreed that UZ AUTO TRANS INC. is not liable for:
- Damage caused by leaking fluids, battery acids, cooling systems anti-freeze solution, industrial fallout or damage caused by acts of god, hail or storm damage, or force majored.
- Damage which is undetectable at time of pickup due to vehicle dirty condition, or weather condition.
- Any glass damage.
- Mechanical or electrical functions and damages caused by ailing mechanics, electrical demise, exhaust assembly, alignment or suspension.
- Under carriage damage, and damage resulting from overloaded or lowered vehicles.
- Any exhaust system, muffler, or tail pipes, no exceptions.
- Damage to vehicle caused by: a) Vehicle that cannot be driven on or off transport truck under its own power and / or b) Vehicle having defective or insufficient brake, parking brake, or parking gear.
- Damage caused by freezing of engine or cooling system or batteries.
- Damage caused to vehicle from tie downs breaking or tearing.
- Any convertible tops that are loose, torn or show extensive wear. Bras and or any type of canvas or material coverings.
- Carrier WILL NOT be responsible for damage NOT caused by the driver.
- The customer agrees that their vehicle is insured and their insurance has primary responsibility.
- Any mechanical function damages. Mechanical functions, under carriage, frame, exhaust assembly alignment, transmission, suspension, drive trains or tuning of the engine because inspection of these items is not practical at the time of shipment. No Exceptions
- Damage caused by road pebbles or other road objects such as but not limited to glass damage or paint chips
- Damage which is undetectable due to vehicle's dirty condition at the time of pickup
- Loss, theft or damage to any items left in the vehicle. Since the interior of the vehicle is not inspected by the carrier, the carrier is not responsible for reported interior damage.
- At the time of pick up, Shipper and Carrier will carefully inspect the exterior of the vehicle for pre-existing damage by completing a vehicle condition report recorded on the Bill of Lading by paper or electronic device. Carrier and Shipper will both acknowledge the condition of the vehicle and Shipper will sign and receive a copy of the Bill of Lading. At the time of delivery, Consignee and Carrier will carefully inspect the vehicle for possible damages incurred during transit. Consignee and Carrier will both acknowledge the condition of the vehicle and Consignee will sign and receive a final copy of the Bill of Lading either by paper form or electronic device emailed to customer. Damage must be noted in the proper place on the Bill of Lading and signed by Shipper regardless of weather conditions, time of day or day of week. Signing the Bill of Lading and condition report without notation of any damage verifies that Consignee has received his vehicle(s) in satisfactory condition, and that UZ AUTO TRANS INC and Carrier and their agents are relieved of any further responsibility.
- Claims must be made in writing within 24 hours from time of delivery. Writing and photo evidences can be done by Email at email@example.com. All damage must be noted on the Bill of Lading at the time of delivery without exception. All claims for hidden damage must be made in writing within 48 hours after delivery of the vehicle. Hidden damage shall mean only those losses or damages to parts contained completely, within the underside of a vehicle that should require the vehicle to be hoisted on a lift in order to be viewed and identified. The party claiming hidden damage has the burden of proving that the hidden damage did not exist prior to Carriers receipt of the vehicle and that the claim relates to one for hidden damage and is otherwise proper. Hidden damage due to weather and dirty vehicle condition must be noted and photo evidence of vehicles dirty condition must be produced to prove hidden damage. 2 estimates for repair should be sent within 30 days after claim filed. All claims are subject to a Deductible, and will be settled at actual cost. No claims for damages will be honored except as noted hereon at the time of delivery. Claims must be presented in writing to UZ AUTO TRANS INC. within 24 hrs. at firstname.lastname@example.org.
- Repairable Losses Bids. Shipper agrees that the amount of a claim for a repairable loss shall be established by a competitive bid process. The amount of the repairable loss shall be considered the lowest available bid amount from 2 competing qualified automobile body repair shops. Alternately, if Carrier elects, it may obtain an appraisal of the amount of the repairable loss from an independent automobile insurance adjustment company. A qualified body shop shall include any licensed auto body repair shop. Shipper has a right to get a repair estimate from any qualified body shop, however Shipper also agrees to get a repair estimate from an auto body shop that Carrier chooses in the state of shipment destination. Carrier may, at its option, elect to accept a single bid presented by the claimant as the most cost effective settlement available and so elect that bid as the amount of the claim. The payment by the Carrier of any claim presented by Shipper shall be deemed the full and final resolution of the claim. The Shipper shall release Carrier from any further liability involving that same vehicle upon payment of the claim.
- Total Losses. The Carriers limit of liability for any total loss vehicle shall be the actual cost of any verifiable expenses thereon, including Carriers freight charges thereon. With respect to any total loss vehicle, the Carrier shall not be responsible for any lost profit.
- Venue. It is the intention of the parties hereto that this agreement and performance here under and all suits and special proceedings here under shall be construed in accordance with, under and pursuant to the laws of the state of Colorado (unless prompted by applicable federal law), and that any action, special proceedings, or other proceedings, or other proceedings that may be brought from or arising out of, in connection with, or by reason of this agreement. The laws of the State of Colorado shall be applicable (unless preempted by applicable federal law) and shall govern the exclusion of the laws of any other forum without regard to the jurisdiction in which any action or special proceedings may be instituted. Further, the parties hereby agree that the venue for any action brought by either party against the other shall be in the District Court or County Court for the County of Adams, State of Colorado, and any other venue is hereby waived.
The following items are important to remember:
a) Claims and payment of freight charges are two entirely different transactions.
b) ICC regulations prohibit withholding the payment of freight bills due to a pending claim.
c) Without payment of the freight charges, payment for transportation has not been made. A valid claim will not be paid until freight charges are made.