OWNER/SHIPPER AND BOSTON AUTO TRANSPORT, INC. (BAT) agree as follows:
1. This Shipping Order & Freight Bill is subject to all terms and conditions of Carrier's Tariffs to the Uniform Straight Bill of Lading, copies of which are available to Owner/Shipper at the office of the Carrier and are included herein by reference.
2. By Owners/Shippers signature or the signature of their agents on this Shipping Order & Freight Bill, the persons listed at the point of origin and point of destination are appointed agents for the purposes of releasing vehicle, approving charges, accepting delivery and releasing BAT and any Carrier from any and all claims upon acceptance of delivery.
3. Owner/Shipper acknowledges that due to circumstances beyond the control of the Carrier, a terminal may be used and customer will pick up at terminal at customer's expense.
4. All cancelled orders are subject to a charge of $50.00 processing fee.
5. BAT's maximum liability is $20,000. All autos over $20,000 in value will be co-insured with Owner/Shipper, unless additional insurance is purchased. All claims are subject to a $200.00 deductible.
6. All moves are made through large trucking lines, independent truckers as well as our own trucks. Shipment is regulated by the I.C.C. and any claims should be submitted directly to Carrier.
7. Owner/Shipper shall designate a person to act as his agent at the point of pickup and/or delivery, if for any reason Owner/Shipper is unavailable.
8. By Owner's/Shipper's signature or his or her agent's signature, BAT and it's drivers and agents and any Carrier selected by it, jointly and separately are authorized to operate and transport the vehicle(s) from the point of origin specified on the reverse side to the point of departure and to the specified final destination via any mode of transportation.
9. BAT will not knowingly arrange for the transportation of any uninsured vehicle. If a vehicle is not insured, and Owner/Shipper fails to notify BAT or the Carrier of such, BAT and the Carrier will not be held responsible for any claims against Owner/Shipper.
10. If vehicle is vandalized either during shipment or while awaiting shipment, BAT and the Carrier will not be held responsible; Owner/Shipper will have to submit a claim to his or her own insurance company or absorb the loss if there is no insurance.
11. If there are any claims or disputes upon delivery of the vehicle, the balance due must be paid before a claim can or will be processed. All damages must be properly noted in writing in the presence of the driver. Signing of the Bill of Lading at destination, without immediate written notation of alleged damage or claim, shall be evidence of satisfactory delivery of the vehicle regardless of the weather, time of day or other conditions.
12. No claim shall be accepted unless noted upon delivery of the vehicle in the presence of the driver. All claims are subject to a $200.00 deductible. Claims resulting therefore must be in writing to BAT providing photographs of actual proof of damage. Claims must be made within fifteen (15) days.
13. All of the terms and conditions contained in the Vehicle Condition Report are incorporated herein by reference and made a part hereof.
14. This Shipping Order & Freight Bill and the Vehicle Condition Report constitutes the entire agreement and supersedes all prior written and oral agreements between BAT and the Owners/ Shipper and may not be changed except when in writing by an officer of BAT
15. The parties acknowledge and agree that this contract has been made and entered into in the State of Florida, the state where it is accepted by Boston Auto Transport .Any dispute which may arise between Owner/Shipper and BAT hereunder or relating to any rights or obligations of either of the parties hereto as against the other must be brought and resolved solely by, and in, the courts of the State of Florida, County of Broward. The parties hereto expressly subject themselves to the jurisdiction of these courts and agree that this contract shall be governed, interpreted and construed in accordance with the laws of the State of Florida. Said laws shall also apply in the adjudication and resolution of any dispute between the parties hereunder.
16. If for any reason other than the Motor Carriers negligence, Owner/Shippers vehicle(s) become non-operational during transport, loading, unloading or delivery a $100 fee will be assessed upon delivery for each time the non-operational vehicle is loaded unloaded or moved.
BAT and Carrier do not guarantee delivery on any particular schedule. Therefore, they will not honor auto rental accruals and disclaim any responsibility for personal belongings that are not a part of the vehicle. Owner/Shipper also agrees that his or her insurance company has the primary responsibility under his or her comprehensive coverage.
Neither BAT's nor the Carrier's insurance coverage is in effect while the vehicle is at any terminal location or while the vehicle is being driven to or from points of loading or unloading. The same applies to any drop location. Your insurance is in full effect when the vehicle is not with the Carrier.