ORDER IS 100% CANCELABLE AND REFUNDABLE UP UNTIL A CARRIER IS ASSIGNED! TO CANCEL YOUR ORDER, PLEASE SEND AN EMAIL TO YOUR SALES ASSOCIATE AND CONFIRM RECEIPT.
Please do NOT pay to a personal Zelle, Venmo, or CashApp (or any other similar service). Auto Transport On Demand requests you pay via credit card using the invoice sent by your broker. If you MUST pay via CashApp or Venmo, please only send to ATODFL. If you are asked to pay via one of these methods, please reach out to info@autotransport-ondemand.com before paying! THIS BROKER/CLIENT CONTRACT (the “Contract”) is made between the client signing this Contract (the “Client”) and Auto Transport On Demand, LLC – MC#973746 (“The Broker”). The Client and The Broker agree as follows:
- The fee for our service becomes due as soon as The Broker assigns a carrier to your order. If for some reason your Vehicle/Personal Property becomes unavailable for the carrier to pick up you are still responsible for your deposit paid to The Broker as our services have been rendered.
- Client warrants that client is the legal owner of the Vehicle/Personal Property being transported (the “Vehicle/Personal Property”), or that Client has been duly authorized by the legal owners to enter into this Contract for transportation of the Vehicle/Personal Property.
- In the event that Client cancels this Contract for any reason whatsoever after dispatch, Client shall pay The Broker a minimum cancellation charge of $100.00 in addition to any other amounts due under this Contract. A “dry run” fee may be assessed in the event Client is unavailable or unwilling to provide the Vehicle/Personal Property for transportation as of the first date of availability as designated on the shipping form.
- Client, upon tender of the Vehicle/Personal Property to The Broker or its transportation agent, and the consignee, upon acceptance of delivery by Client or its agent, shall be jointly liable for any and all unpaid charges payable on account of the shipment, including but not limited to, sums advanced or disbursed by The Broker or any of its agents on account of such shipment and any and all costs of collection including costs and reasonable attorneys fees.
- Auto Transport On Demand LLC or it’s agents will not knowingly transport vehicles with personal or household items in the passenger or trunk compartment. Federal regulation prohibits Auto Transport On Demand LLC or it’s agents from doing so. Client shall not leave any additional items in the Vehicle/Personal Property except those attached to and part of the
Vehicle/Personal Property. The Broker shall not be responsible for loss of or damage to personal belongings, including without limitation any personal property which is not factory installed, that are not a part of the Vehicle/Personal Property. Additional fees may apply depending on the weight of the items and are left solely to the discretion of the carrier assigned.
- Unless the order has been pre-paid, or other arrangements have been made, Client shall pay all COD amounts, including any additional charges, in cash or certified funds. In the event that said forms of payments are not available at delivery the Client shall be responsible for any and all storage fees assessed. In order to make pick up/delivery, the Client agrees to meet The Carrier at a specified time and place if necessary.
- Client shall pay and all costs, including without limitation storage, towing and additional delivery costs, incurred as a result of Client’s breach of any warranty or obligation under this Contract.
- If damage should occur, all money owed for transport must be paid to initiate a claim. Damage must be noted in the proper place on the bill of lading and signed by driver and shipper, regardless of weather, or time of day. Signing The Broker’s bill of lading or its transportation agent’s bill of lading at destination without notation of damage shall be evidence of satisfactory delivery of the Vehicle/Personal Property. Once bill of lading is signed Client verifies vehicle condition and waves all rights for any additional claims. Signing of bill of lading relieves Auto Transport On Demand of any further responsibility. The client MUST check the vehicle thoroughly before completing signature on bill of lading.
Auto Transport On Demand and its Transport Coordinators must also be notified of any damage by email (info@autotransport-ondemand.com) within 24 hours. Shipper must submit in writing a description of damage, clear pictures, and 3 estimates within 10 days of receipt of the said vehicle directly to the designated carrier for any resolution to be initiated. Auto Transport On Demand will support you in this effort should such a problem occur, but in no way will Auto Transport On Demand accept responsibility for any negligence of the assigned carrier. If the vehicle is valued at a higher than market rate, we suggest you purchase a special insurance rider. - The Broker’s responsibility for the Vehicle/Personal Property commences when the bill of lading is issued and signed by the driver and terminates when the Vehicle/Personal Property is signed for at destination.
- The Broker or any of its agents shall not be liable for damages, including without limitation any of the following, not caused by their negligence:
- Damage caused by fluids, acids, cooling system antifreeze, industrial fallout or damage caused by acts of God.
- Damage that is undetectable due to Vehicle/Personal Property’s condition or glass damage caused by normal wear and road use.
- Mechanical malfunctions, exhaust assembly, frame, alignment, tire damage, soft top convertibles, suspension, tuning of engine or damage that is a result of tie downs tearing or breaking.
- Auto rental accruals.
- Damage resulting from the Vehicle/Personal Property being overloaded.
- Damage to the Vehicle/Personal Property because it cannot be driven on or off transporter under its own power or has defective or insufficient brakes, parking brake or parking gear.
11.The liability of The Broker or any of its agents for negligence causing damage to the Vehicle/Personal Property shall be limited to the amount paid by the Client for the transportation of the Vehicle/Personal Property.
- The Client shall be responsible for preparing the Vehicle/Personal Property for shipment. All loose parts, fragile or protruding accessories, low hanging spoilers, antennas, etc., must be removed and/or properly secured. Any part of the Vehicle/Personal Property that falls off during transport is the Client’s responsibility, including damages caused to any other Vehicle/Personal Property involved. Security systems should be disarmed and any keys or transmitters for said device must be provided to the transporter.
- The Client agrees to indemnify, defend and hold The Broker and its agents harmless for any costs, expenses, damage, losses and claims caused by the Client’s breach of any warranty or obligation under this Contract.
- The Broker warrants and Client acknowledges that The Broker is licensed by the Federal Motor Carrier Safety Administration.
- The Broker and its transportation agent transporting the Vehicle/Personal Property are hereby authorized to operate and transport the Vehicle/Personal Property from point of origin to the destination specified in The Broker’s bill of lading. The Broker is authorized to drive the Vehicle/Personal Property either at point of origin or point of destination between the points of loading/unloading and the points of pickup/delivery, and Client shall provide insurance for same. 21. In the event that there are any unforeseen delays regarding delivery, federal regulations require that all outstanding freight charges be paid without deductions. The Client agrees to properly note any damage claimed at the time of the delivery of the Vehicle/Personal Property, and to pay the balance of the delivery charges in cash or certified funds. Damages not noted on the transportation agent’s bill of lading will not be honored (no exceptions). Any claim of damage caused by The Broker must be made within 15 days of delivery in writing, specifying the damage claimed. The transportation agent actually transporting the Vehicle/Personal Property shall be liable for any and all damage claims arising from the transport. The Client agrees to file all claims with such transportation agent as identified on the transportation agent’s bill of lading/delivery receipt, and to bring any legal action for damages against such transportation agent only. The Client agrees to release and hold harmless The Broker from any such claims.
- After the Client makes the Vehicle/Personal Property available to The Broker for transport, The Broker shall use its best efforts to deliver the Vehicle/Personal Property in an expedient manner. However, The Broker does not guarantee the date or time of delivery.
- The Client shall pay an additional $250 if the Vehicle/Personal Property is or becomes inoperable during transport, and an additional amount for if the Vehicle/Personal Property is oversized or overweight, unless the Vehicle/Personal Property is disclosed as being inoperable, oversized or overweight, respectively. All inoperable Vehicle/Personal Property must steer, brake and roll.
- If applicable, while The Broker and its agents are driving the Vehicle for purposes of parking, storage and other purposes incidental to performance of the obligations under this Contract, The Broker shall have the full benefit of any insurance that has been effected by Client on the Vehicle, unless said insurance coverage is void while the Vehicle/ or property is in the possession of The Broker and its agents.
- The Client shall, in its absence, designate someone to act as the Client’s agent at the points of pick up and/or delivery.
- This Contract constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. It supersedes all prior negotiations, letters and understandings relating to the subject matter hereof.
- This Contract may not be amended, supplemented or modified in whole or in part except by an instrument in writing signed by the party or parties against whom enforcement of any such amendment, supplement or modification is sought.
- This Contract will be construed in accordance with the laws of Florida, without application of its choice-of-law principles.
- If legal action is instituted to enforce the terms and conditions of this Contract, exclusive jurisdiction and venue for any such action will be in the state and federal courts of Sarasota County, Florida. The parties hereto hereby irrevocably waive, to the fullest extent permitted by law, (a) any objection to jurisdiction or venue of any action arising out of or relating to this Contract brought in Sarasota County, Florida, or any judgment entered by any court in respect thereof, or (b) any claim that any action brought in Sarasota County, Florida, has been brought in an inconvenient forum.
- No person, other than The Broker’s transportation agent and other agents, shall be deemed to possess any third-party beneficiary right pursuant to this Contract. It is the intent of the parties hereto that no direct benefit to any third party, other than The Broker’s transportation agent and other agents, is intended or implied by the execution of this Contract. The Broker’s transportation agent and other agents are express third party beneficiaries of the terms of this Contract.
- Client agrees to have their respective insurance companies that issue property damage insurance waive any rights of subrogation that those companies may have against the Broker.
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, we will be able to prepare the legal document within the shortest time possible.