CONTRACT FOR TRANSPORT SERVICES – 04.04.2020

by | Dec 22, 2021 | Samples legal papers

 

THIS CONTRACT IS MADE ON THIS 4TH DAY OF MARCH, 2021

 

BETWEEN 

AUTOTRANSPORT ON DEMAND LLC 

[Address]

[Email]

 

-AND-

CLIENT 

[Address]

[Email]

 

CONTRACT FOR THE FACILITATION OF VEHICLE TRANSPORTATION/PERSONAL PROPERTY BY A CAR CARRIER

 

CONTRACT FOR THE FACILITATION OF VEHICLE/PERSONAL PROPERTY TRANSPORTATION BY A CAR CARRIER  

 

THIS CONTRACT (the “Contract”) is made and entered into on…………day of……………Two Thousand and Twenty-One (2021)

BETWEEN;

Auto Transport On Demand, LLC – MC#973746 an auto transport brokerage company whose core business is connecting clients in need of vehicle transportation or transportation of personal property to car carriers. The address for purposes of this contract is [insert address] of the one part hereinafter referred to as “The Broker” 

AND

………………………………., a client who has engaged the Broker to arrange for transportation for their vehicle through a carrier. The address for this party is ……… and shall hereafter be referred to as “The Client”. 

 

RECITALS 

  • The Broker is a company that that deals with linking clients to vehicle carriers while ensuring that high standards are observed in dispensing this duty.

 

  • The Broker’s role is limited to connecting a willing client who is seeking to transport their vehicle and a car carrier who will transport the said vehicle and ensure that such vehicle reaches the client in merchantable condition. 


  • The Client will pay for the services of the transportation of the vehicle and adhere to the conditions that the Broker will set out, which conditions are intended to ensure the most efficient outcome. 


  • The parties have agreed to be bound by the terms of this written contract. 

 

NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions contained herein, the sufficiency of which is hereby acknowledged, IT IS HEREBY AGREED AS FOLLOWS: 

  • DEFINITIONS AND INTERPRETATION
  1. In this Contract, except to the extent expressly provided otherwise:

“Contract” means this Contract, and any amendments to this contract from time to time;

“Effective Date” means the date of execution of this Contract; 

“Proprietary or Confidential Information” includes, without limitation, (i) written or oral contracts, business methods, business policies, computer retained information, notes, or financial information among other related documents. 

  1. Any annexures or schedules to this contract shall form an integral part of and be construed in accordance with this contract.
  2. Reference to any Party hereto shall, where the context admits, be deemed to include, as appropriate, its permitted successors, personal representatives or assigns.
  3. The headings in this contract are included for convenience only and shall not affect the interpretation or construction of this contract.
  4. Words denoting the singular shall include the plural and vice versa.
  5. Words denoting any gender shall include a reference to each other gender.

  • TERMS AND CONDITIONS   
    1. The Client shall warrant that they are 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. Such authorization shall be written and signed by both the client and authorizing party. 

 

  1. The Broker or it’s agents shall not knowingly transport vehicles with personal or household items in the passenger or trunk compartment in compliance with Federal Regulations. Effectively, the Client shall not leave any additional items in the Vehicle/Personal Property except those attached to and part of the Vehicle/Personal Property. 

 

  1. The Broker’s responsibility for the Vehicle/Personal Property shall commence when the bill of lading is issued and signed by the driver and shall terminate when the Vehicle/Personal Property is signed for at destination. 

 

  1. The Broker shall not be responsible for loss of or damage to personal belongings, including but not limited to any personal property, which is not factory installed, or not a part of the Vehicle/Personal Property. 

 

  1. The Broker and its transportation agent transporting the Vehicle/Personal Property shall be authorized to operate and transport the Vehicle/Personal Property from the point of origin to the destination specified in The Broker’s bill of lading. 

 

  1. Where required, the Broker shall have the authority 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 the Client shall provide insurance for same.

 

  1. Where the Broker and/or 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. 

 

  1. The 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.

 

  1. In the event of damage to the vehicle or personal property, the Client shall clear all outstanding amounts in order to initiate a claim.
    The damage must be well particularized in the designated 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.

 

  1. 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 that may have been incurred.  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.

 

  1.  Upon tender of the Vehicle/Personal Property to The Broker or its transportation agent, the consignee, upon acceptance of delivery by Client or its agent, shall be jointly liable for any and all unpaid charges. 

 

  1.  The Client shall, in its absence, designate someone to act as the Client’s agent at the points of pick up and/or delivery. Such designation shall be communicated in an efficient and timely manner. 

 

  1. 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.

 

  1. 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.

 

  1. 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. 

 

  1. 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. 

 

  1. 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. 

 

  1.  The Broker warrants and Client acknowledges that The Broker is licensed by the Federal Motor Carrier Safety Administration.

 

  1. 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.

 

  1. Additional fees may apply depending on the weight of the items and are left solely to the discretion of the carrier assigned.

 

  1. 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.

 

  • CONSIDERATION 
    1. The fee for the Broker’s service becomes due as soon as The Broker assigns a carrier to the Client’s order. In the event that the vehicle/Personal Property becomes unavailable for the carrier to pick up, the client shall still be responsible for the deposit paid to The Broker.

 

  1. The 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. 

 

  1. Once the bill of lading is signed, the Client verifies that the vehicle is in good condition and waives all rights for any additional claims.  Signing of bill of lading relieves the Broker any further responsibility.  The client MUST check the vehicle thoroughly before completing signature on bill of lading.
     
  2. Unless the order has been pre-paid, or other arrangements have been made, the 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. 

 

  1. 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.

 

  1. The Client shall NOT under any circumstances pay to a personal Zelle, Venmo, or CashApp (or any other similar service). The Broker Demand requests that the Client pays via credit card using the invoice issued. If the Client insists on paying using the aforementioned mode, they must only send to ATODFL.   In the event that the Client is asked to pay via one of these methods, they should reach out to info@autotransport-ondemand.com before paying. 

 

  1. The order shall be 100% cancelable and refundable on the part of the client until a carrier is assigned. Once a Carrier is assigned, expenses accrued shall be billed upon the Client. To cancel the order, the client shall send an email to their sales associate and confirm receipt. 

  • CONFIDENTIALITY AND NON-DISCLOSURE 
    1. The Parties shall maintain the confidentiality of all the confidential affairs and/or information of each other and shall not disclose such information to a third party without the express consent of that party. 
    2. Each party’s Proprietary or Confidential Information shall remain the sole and exclusive property of that party. The parties agree that in the event of use or disclosure by the other party other than as specifically provided for in this contract, the non-disclosing party may be entitled to equitable relief.

 

 

  • TERM AND TERMINATION

This contract shall come into force and effect on the Effective Date and shall remain effective until the motor vehicle/personal property is delivered to the consignee unless parties otherwise agree to fundamentally alter the terms herein. 

  • FORCE MAJEURE 
      1. In this Section “Force Majeure” shall mean any event beyond the reasonable control of the Parties, and which is unavoidable notwithstanding the reasonable care of the party affected, and shall include but not be limited to war, insurrection, riot, civil unrest, sabotage, boycott, embargo, explosion, fire, earthquake, flood, unavoidable accident, epidemic, act of God, action or inaction of any governmental official or agency (civil or military) and refusal of any licences or permits, if properly applied for.
      2. If either Party is prevented from or delayed in performing any of its obligations under this contract by an event of Force Majeure, then it shall notify the other in writing of the occurrence of such event and the circumstances thereof within fourteen (14) days after the occurrence of such event.
      3. The Party who has given such notice shall be excused from the performance or punctual performance of its obligations under this contract for so long as the relevant event of Force Majeure continues and to the extent that such Party’s performance is prevented or delayed. The occurrence of any event of Force Majeure affecting either party shall not give rise to any claim for damages or additional costs and expenses suffered or incurred by reason of Force Majeure.
  • SEVERABILITY OF PROVISIONS
  • If any provision or part-provision of this contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this Clause shall not affect the validity and enforceability of the rest of this contract. 
  • If one Party gives notice to the other of the possibility that any provision or part-provision of this contract is invalid, illegal or unenforceable, the Parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.


  • WAIVER
    1. Failure by either party to enforce any provision of this contract will not constitute a waiver or affect its right to require the future performances thereof, nor will its waiver of any breach of any provision of this contract constitute a waiver of any subsequent breach or nullify the effectiveness of any provision.  
    2. No waiver will be binding unless made in writing and signed by the party making the waiver and specifically stating that it waives a provision of this Agreement.  

  • GOVERNING LAW AND DISPUTE RESOLUTION 
    1. This Contract shall be governed by and construed in accordance with the laws and regulations of the United States of America, in particular the State of Florida. 

 

  1. 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.
  • NON-ASSIGNMENT 

Neither this contract nor any rights or obligations hereunder shall be assigned by either party hereto (other than by operation by law) without the prior written consent of the owner. 

  • ENTIRE CONTRACT
    1. This contract constitutes the entire understanding and agreement between the Parties. This contract may not be modified except in a writing signed by the Parties and expressly referencing this contract. 
    2. This contract may not be amended or modified except by a written instrument signed by both parties and identified as an amendment to this contract. 

IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed in duplicate, each of which shall be considered an original, by themselves/respective signatory officials thereunto duly authorized as of the day and year first above written.

 

Signed by or on behalf of:

 

AUTOTRANSPORT ON DEMAND  CLIENT  
Signatory’s Full Name:
Company Name:
E-mail:
Signature:
Company Stamp:

 

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