1. Customer is the registered legal owner of the vehicle(s) and has authority to enter into this agreement or has been fully authorized by the legal owner of the vehicles(s) to enter into this agreement.
2. Customer or his agent, who has been identified in writing to RCC Auto 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 cost.
3. 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. The customer shall disarm any vehicle, alarm system and provide RCC Auto Transport with any tools or keys required to disarm the system if activated. If the alarm system is activated during the transport of the vehicle, RCC Auto 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 customers failure to accomplish these obligations.
4. Customer is allowed to put up to 100lb. of personal belonging in the trunk of the vehicle(s). RCC Auto Transport may impose additional fees, in its sole discretion, for the transport of contents left in a vehicle exceeding 100lb. In no event, however, will RCC Auto Transport be responsible for the safe transport of any such contents.
5. RCC Auto Transport may, in its sole discretion, subcontract its obligations here-under. In such event, subcontractor shall be solely responsible for all obligations to customer. Customer shall file all claims with the subcontractor identified on the bill of lading and hereby releases RCC Auto Transport from any and all claims arising out of or related to any actions or inaction’s of the subcontractor.
6. All delivery dates and times are only estimates. RCC Auto Transport does not agree to transport the vehicle(s) in time for any loss or damage resulting from any delay. NO EXPRESS OR IMPLIED WARRANTIES ARE MADE WITH RESPECT TO DELIVERY TIMES OR DATES.
7. Customer shall identify any damage to any vehicle(s) by noting the damage on the bill of lading received by customer at the time of delivery. Any claims related to such noted damage must be submitted in writing to RCC Auto Transport or its subcontractor 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. RCC Auto Transport shall not be liable directly, in subjugation, or by assignment to customers insurance company for any claims paid by the company. IN NO EVENT SHALL RCC AUTO TRANSPORT BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
8. Customer authorizes RCC Auto Transport, its subcontractors, agents and employees to drive, park, store and otherwise operate or transport the vehicle(s) in any manner necessary to fulfill the obligations under this agreement. Customer shall maintain insurance on the vehicle that shall extend to RCC Auto Transport operation of the vehicle. Customer will provide proof of insurance on the vehicle(s) to RCC Auto Transport and will keep in force such insurance until transport of the vehicle is complete.
9. IN NO EVENT SHALL RCC AUTO TRANSPORT, ITS SUBCONTRACTORS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DAMAGES EXCEPT FOR DAMAGES TO VEHICLES ACTUALLY TRANSPORTED AND ONLY TO THE EXTENT SUCH DAMAGES WERE CAUSED BY RCC AUTO TRANSPORT GROSS NEGLIGENCE OR INTENTIONAL CONDUCT. Customer specifically agrees and hereby waives any other claims against RCC Auto Transport or its subcontractor including, but not limited to minor damages such as scratches, scrapes and chips that result from normal road conditions and wear and tear; 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 boots, caps, masks, bras or any other type of covering; damage caused as a result of the inoperable condition of the vehicle; damage caused by tie-downs that break or tear due to vehicles age or condition; damage that is undetectable due to the vehicles dirty condition at the time of pick-up; or damage caused as a result of acts of God or other force majeure events.
10. Any deposit made by customer shall be retained immediately by RCC Auto Transport based on the completion of the transport of the vehicle unless otherwise cancelled by the customer. If RCC Auto Transport is unable to assign the vehicle for transport within 15 days of pick up date, the entire amount of the deposit shall be refunded to customer upon customers request to cancel transport with RCC Auto Transport. In the event a carrier has been assigned to the transport the full deposit may be retained and considered earned by RCC Auto Transport.
11. Customer shall defend, indemnify and hold RCC Auto Transport and its subcontractor harmless from any cost, expense, damage, loss and claim, including any third party property or personal injury claim, arising out of or related to customers breach of any warranty or obligation here-under.
12. The entire amount of the transport charge is due and payable without discount upon delivery of the vehicle(s) regardless of damage to the vehicle(s) at any stage of the transport. An additional charge of $250.00 will be assessed of the vehicle becomes inoperative for any reason during the transport. An oversized vehicle fee of $350.00 will be imposed unless such vehicle has been pre-approved and disclosed prior to transport.
13. Customer and/or its agent are jointly and severally liable for any and all unpaid charges including, but not limited to sums advanced or disbursed by RCC Auto Transport or its subcontractor and any and all cost of collection, including cost and reasonable attorney fees. Unless the order has been prepaid or RCC Auto Transport otherwise agreed in writing. Customer shall pay all COD amounts, including any additional charges, in cash or certified funds. RCC Auto Transport will have a lien on the vehicle(s) for any charges that remain unpaid and any such lien will survive the delivery of the vehicles.
14. 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 or 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.
15. The provisions of this agreement are sever-able and the invalidity and enforce-ability of any provisions herein shall not affect the enforce-ability of the remaining provisions which shall remain in full force and effect. This agreement supersedes all written or oral agreements between auto shipping and customer and may not be changed except when in writing by an officer of RCC Auto Transport.
16. This agreement shall be governed by and construed in accordance with laws of the state of Florida. The parties further agree that any legal action arising out of this agreement shall be filed in a court of competent jurisdiction within Miami-Dade County, Florida. Customer hereby submits to the jurisdiction of such courts and waives any and all defenses based on lack of personal jurisdiction.