Terms and Acceptance.
Car Transport Service (CTS) is a licensed Transport Broker as legally defined under 49 U.S.C 13102 Definitions (2), and 49 C.F.R 371.2.
By submitting this Service of Agreement (hereafter "Agreement") online, sending via fax or requesting via email, Customer ( hereafter "you" or "your") understands and agrees that they are hiring the services of Car Transport Service(CTS), a licensed & bonded transportation brokerage (MC # 1067868 ), to arrange the shipment of their vehicle(s) with a Contract Carrier (hereafter "Network Carrier"). They further have read, understand and will abide by the following terms and conditions.
The Customer hereby agrees to be bound by the terms of this Agreement, including, without limitation, the Limitation on Liability provision and all other terms and conditions set forth on this Agreement. Car Transport Service (CTS) will not be the actual transporter of the Customer’s vehicle and, Car Transport Service (CTS) as a broker, may obtain, on the Customer’s behalf, the services of an independent vehicle transporter (the “Network Carrier”) to pick up, move, and deliver the Customer’s vehicle. Car Transport Service (CTS) does not guarantee, nor act as a guarantor of the Network Carrier’s Performance. Any contract or agreement entered into between the Customer and the Network Carrier shall not affect or change the terms of this Agreement or in any way bind Car Transport Service (CTS).
The customer understands and agrees Car Transport Service (CTS) cannot be held responsible for any agreement or promise out of Car Transport Service policy, made between he/she and the sales agent in charge during the reservation and profess of Shipping your Vehicle(s).
Carrier requires you to prepare your vehicle(s) for transport by disarming any alarm systems and or providing necessary remotes for alarm systems and removing or retracting all loose and/or protruding accessories from your vehicle(s).
Your vehicle(s) is/are considered in operational condition and must be driven onto and off of the carrier under the vehicle's own power at all times during shipment unless clearly noted on your order as 'In-op' 'Non-operational'. Non-operational vehicles must roll, brake and steer. Vehicles that are non-operational or become non-operational during shipment, for any reason, will be subject to an additional, industry standard non-operational fee which could be up $200.00 Depend on vehicle condition.
Your total price for the transportation of your vehicle(s) is factored using numerous pieces of information including, but not limited to, the size and/or weight of the vehicle(s). Misrepresentation to Your Car Transport Service (CTS) of the vehicle(s) size and weight may result in additional fees and/or the cancellation of the order. Orders canceled due to misrepresentation of vehicle(s) will forfeit any service fees that have been previously paid. It is your responsibility to ensure that the vehicle(s) is/are ready to be released to the chosen Network Carrier by the projected pickup date given on the order. Failure to release the vehicle(s) on or after the date given by you when placing the order may result in a 'Dry Run’ fee. Industry standard for a 'Dry Run' fee is One Hundred Dollars ($100.00).
You may request a specific pickup date, but due to the nature of the industry, you understand that such dates are 'requests' only and cannot be guaranteed.
Once a Network Carrier is assigned to your vehicle(s), you will be given the estimated dates of pickup (and delivery when possible) as well as the Network Carrier name and direct business phone number. Any dates given are the Network Carrier's projections only and are given solely to assist both you and the Carrier in the general arrangement of your schedules; dates given are not guaranteed, as certain conditions can alter a Network Carrier's schedule (i.e. weather, road conditions, mechanical problems, etc..) As such, you agree to hold Your Car Transport Service (CTS) harmless for any expenses incurred as result of any delays, including, but not limited to, any car rental fees or living accommodation expense you incur. It is strongly recommended that you maintain reasonable contact with the Carrier and/or Car Transport Service (CTS) to stay up to date on any schedule changes.
According to this agreement, Your Car Transport Service (CTS) is relieved from any and all actual or alleged causes of action, loss, liability, claims, demands, injuries, and/or damages (to persons or property). Your Car Transport Service (CTS) is not responsible no matter if these are brought by an individual or another entity and then imposed by court of law or by the administrative action of any federal, state, or local agency, as result any acts, negligence, omissions, or willful misconduct of Your Car Transport Service(CTS) or the Carrier (or any personnel, agents, or connected parties). This includes, without limitation, the payment of any penalties, fines, attorney's fees, or other related expenses, as well as any reimbursements to the Company for all legal expenses and cost incurred by it.
Payment and prices.
Car Transport Service (CTS) reserves the right to determinate a price estimate.
Customer understand and agree Car Transport Service-CTS is a taxable company
and have the right to charge the 6.0 % taxes on the amount to be paid.
Charges and Cancellation:
The deposit amount will not be charged until the Network Carrier is scheduled for pick up. The amount described in this Agreement as the “Deposit” represents only a portion of the Customer’s financial obligations. The Customer may cancel this Agreement without penalty, if Car Transport Service (CTS) cannot dispatch the vehicle within 7 days after the first available pick up date. The customer can not cancel this agreement to go with a different broker at any time and doing so will result in the deposit being charged and not refundable to the customer. All cancellation notices must be received in writing via email to our Customer Service Department or the Booking Agent. If Customer’s vehicle is assigned to a Network Carrier before he/she emails the cancellation notice, Customer will lose the amount of the deposit. If the vehicle is not made available to the assigned Network Carrier for any reason, the deposit amount will be held as a dry run fee. Such fee will be charged to the same credit card authorized for the deposit given by the Customer upon placing the order. A Network Carrier is not required to wait to pick up a vehicle or to deliver a vehicle. If the Customer makes a special arrangement with the driver for him to wait until the vehicle is available, any fees assessed will be between Customer and the Network Carrier and made payable solely to the Network Carrier. All amounts other than the deposit payable to Car Transport Service (CTS) shall be paid in full by certified check, cashiers’ check, or cash at the time of the delivery of the Customer’s vehicle unless other arrangements have been made. This payment is not the responsibility of Car Transport Service (CTS) and Customer will not hold Car Transport Service (CTS) responsible for it. If any dispute is made regarding this payment it will be pursued with the Network Carrier and Customer will not hold Car Transport Service (CTS) responsible for it. In other words, Customer will not go after for this payment. Customer agrees to deal with any legal issue regarding this payment directly with the Network Carrier.
It is understood that the Customer will have only one Agreement with one transport company at any one time. If the customer hires another company to transport the vehicle while under contract with Car Transport Service (CTS), the deposit amount will be charged and not refundable to the customer. Jobs that are double posted on Central Dispatch (National Dispatch Board for Auto Carriers) while under contract with Car Transport Service (CTS) cannot cancel to go with another broker and the deposit will be charged and nonrefundable. The reasons for these measures is to not waste the brokers and carriers time as going with another broker is doing the same thing Car Transport Service (CTS) is already doing and the vehicle will be posted by another company to the same board and this will make it difficult for Car Transport Service (CTS) to locate a carrier. The customer understands that they can always expedite the pick up of a vehicle by raising the amount from the standard rate given by Car Transport Service (CTS) to entice a carrier to schedule faster if the dates for pick up are of importance to the customer and the vehicle is not scheduled and we are rapidly approaching the first available dates for pick up.
Customer warrants that he/she will pay the transportation price/deposit due to Car Transport Service (CTS) / Carrier, for delivered vehicles, and will not seek to charge back a credit card or stop a check to offset any dispute for damage claims and/or delays etc.. It is the Customer ‘s responsibility to have any payment due when the Carrier arrives. All payments for Carrier must be in the form of Cash, Cashier’s check or Money order – No exceptions. Certified funds must be made payable to the delivering car carrier and not Car Transport Service (CTS). Personal checks or credit cards will NOT be accepted for the remaining balance – No exceptions!
The Customer agrees that if the payment cannot be made by these methods, the vehicle/item will be stored at the Customer ‘s expense until Customer pays in full all transport charges. Should the Customer be unable to accept delivery for any reason, the vehicle/item will be placed in storage. Any and all storage and delivery charges will be the responsibility of the Customer.
Restrictions and customizations on the vehicles
Any date restrictions or specifications must be made at time of booking and noted on this Agreement. If the Network carrier goes to load the vehicle and for any reason can not load the vehicle because of a vehicle customized addition that was not mentioned to Car Transport Service (CTS) and these custom additions are not mentioned on the notes of this contract the deposit will not be refundable and charged as a dry run fee. If the vehicle has personal items inside of it and the carrier refuses to take it because these items were not permitted or approved by the carrier at time of scheduling, or written on this contract, the deposit will not be refundable and charged as a dry run fee. Customer also understands that even if the carrier is OK with the items inside the vehicle, these items are not insurable by the Network carrier’s insurance and is at own risk. All pick up & delivery dates are estimates. When Car Transport Service (CTS) contacts Customer to let them know we have dispatched the order to a Network Carrier, we give only the ESTIMATED pickup and delivery dates. It is not unusual for a Network Carrier to give estimated pick up or delivery dates and then the truck arrives a day or two earlier or later. We can not control bad weather, traffic, delays at weigh stations or delays at other pick ups and drop offs. The Customer agrees not to hold Car Transport Service (CTS) responsible, in the event the Network Carrier is late either picking up or delivering said vehicle(s). These dates and times can easily change as the drivers may have issues with their other customers who delay the driver. If the Customer wants a reduction or re-imbursement for rental cars because of late pickup or delivery, he/she must ask the Network Carrier directly. All Network Carrier’s policies of door to door delivery means the Network Carrier will get as close as possible to the location. However, local traffic laws – weight and height restrictions, low hanging branches, tight turns, etc. in getting to the neighborhood on local streets – take priority. No reduction in transport fees are allowed for these reasons. It is understood and agreed that Car Transport Service (CTS) will not be liable for or reimburse any auto rental accruals or any other additional expenses incurred.
Door to Door Service Defined
Door to door means that the Network Carrier or car transport driver will get as close to the door as he can legally and safely get. Many cities have restrictions on large trucks that prohibit them from driving into some residential areas. Auto transport trucks are the largest transport vehicles on the road and need lots of room to maneuver and turn around, so if access to the location is restricted by narrow streets, low-hanging trees, speed bumps, or tight turns, the driver may ask that the Customer to meet the truck at a suitable location such as a large parking lot or grocery store nearby. Insurance, Bill of Lading, Claims
The Customer understands that damage insurance, which can only be provided by the Network Carrier and not by Car Transport service (CTS) , is not insurance purchased Car Transport service (CTS), by law the Network Carrier is the one that has to be insured for Liability and Cargo insurance as he is the one carrying the vehicle. Insurance only covers the vehicle and no personal items transported inside the vehicle. Any damages during the loading, unloading, and/or transport of vehicle are the sole responsibility of the Network Carrier and are subject to each independent Network Carrier’s BOL (Bill of Lading) terms & conditions. Any damage claims against the Network Carrier, MUST be clearly noted on the drivers BOL and/or inspection report at the time of delivery. The damage noted on the BOL must be signed off by both the Customer and the delivery drivers representing the company that was hired on your behalf. A proper inspection by you, the Customer, or the second party receiving the vehicle, is mandatory – regardless of weather or time of delivery!! Signing the Bill of Lading without any notation of damage verifies that the Customer or his agent has received the said vehicle(s) in good condition, and that Car Transport service (CTS), Network Carrier and its agents are relieved of any further responsibility. Car Transport Service (CTS) is not responsible for any damages or losses as we are not the ones physically handling the vehicle(s). Car Transport Service (CTS) is a licensed and bonded broker. We are responsible for booking the shipment of vehicles with a licensed and insured carrier, who handle their own damage claims. It may take a few weeks for the Network Carrier to process the claim, since the drivers must return to their terminals with the original Bill of Lading condition reports.
Car Transport Service (CTS) and its agents must also be notified of any damage by phone within 24 hours Car Transport service (CTS) will support you in this effort should such a problem occur, but in no way will Car Transport Service (CTS) accept responsibility for any negligence of the assigned Network Carrier. If the vehicle is valued at a higher than market rate, we suggest you purchase a special insurance rider. Any claim or controversy arising from or relating to this Agreement, or the performance or breach thereof, shall be subject to the jurisdiction of Saint Lucie County, Port Saint Lucie, Florida. Customer specifically waives any right to judicature of this matter at any other location Car Transport Service (CTS) will provide Network Carrier’s insurance certificate and carrier information should any controversy arise.
The parties here agree that all actions or proceedings arising in connection with this agreement shall be tried and litigated exclusively in the State or Federal ( if permitted by law and a party elects to file an action in federal court ) courts located in the Saint Lucie county, in the State of Florida.
This choice of venue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this section. Each party waives any right it may have to assert the doctrine of forum non convenience or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section By action of this provision, the parties agree to submit to the personal jurisdiction of the aforementioned court.
This agreement and any shipment here under is subject to all terms and conditions of the carrier’s tariff and the uniform straight bill of lading, copies of which are available at the office of the carrier.
This supersedes all prior written or oral representation of Car Transport Service (CTS) and constitutes the entire agreement between Customer and Car Transport Service (CTS) and may not be changed except in writing signed by an officer of Car Transport Service (CTS)
All Network Carriers selected by Car Transport Service (CTS) are required to maintain the requisite insurance to protect your vehicle(s) during transport to the destination.
The remaining balance paid to the carrier at time of delivery are not responsibilities of Car Transport Service (CTS) and in no way should Car Transport Service -CTS be held responsible for that payment.
Customer represents that he/she is over the age of eighteen (18) and is permitted by law to enter into this Agreement. Customer warrants that he/she is the registered legal owner of the vehicle, or that he/she has been duly authorized by the legal owners to enter into agreement for transportation of the vehicle. Customer acknowledges that he/she has had ample opportunity to review this Agreement prior to entering into this Agreement and that he/she understands the terms and conditions of this Agreement and has voluntarily entered into this Agreement. If delivery of the vehicle is received by a second party on the Customer’s behalf, it is the Customer’s responsibility to advise them of the terms and conditions. The Parties expressly consent and agree this agreement shall be electronically signed. the parties agree the electronic signatures appearing on this agreement shall be treated, for purposes of validity, enforceability as well as admissibility, the same as hand-written signatures.
This Agreement is governed by the laws the State of Miami
Fl. You agree that any legal action arising out of this Agreement must be filed in a court of law within Miami, Florida and that Car Transport Service LLC liability is limited only to the amount of Your Car Transport Service(CTS) Service Fee.