When contracting the services of CarMoversUs.com in writing, by phone, or orally, they will be governed by the following Contract and/or Terms & Conditions.
(The "Contract") made between ("the Client") contracting the services of GARLAS LLC, LLC. DBA CarMoversUs.com- MC#1257-B U.S DOT# 2954847 ("The Auto Transport Agent"). The Client and The Auto Transport Agent agree that:
1. The Client guarantees that they are the legally registered owner of the transported vehicle (the "Vehicle"), or the Client has been duly authorized by all owners to enter into this Contract for the transport of the Vehicle.
2. In the event the Client cancels this Contract for any reason, the Client shall pay the Agent a minimum cancellation fee of $150.00 in addition to any other amounts owed under this Contract. An extra fee may apply if the Client is unavailable or unwilling to provide the vehicle for transport starting from the first available date as indicated on the shipment form.
3. The Client, upon presenting the Vehicle to the Agent or the Carrier, and the recipient, upon accepting delivery from the Client or their agent, shall be jointly responsible for all charges due for the shipment. This includes, but is not limited to, amounts advanced or disbursed by the Agent or any of its agents for such shipment and any collection costs, including costs and reasonable attorneys' fees.
4. The Client must not leave personal belongings in the vehicle except those attached to and part of the Vehicle. The Agent will not be responsible for the loss or damage of personal belongings, including, but not limited to, any non-factory-installed items that are not part of the Vehicle.
5. Unless the service has been prepaid or other arrangements made, the Client must pay all amounts COD, including additional charges, in cash or certified funds. If such forms of payment are unavailable at the time of delivery, the Client will be responsible for all storage fees incurred. For pick-up/delivery, the Client agrees to meet the carrier at a specific time and location if necessary.
6. The Client shall pay all costs, including but not limited to storage, towing, and additional delivery charges incurred due to the Client's failure to meet any warranty or obligation under this Contract. Signing the Carrier's bill of lading at the origin or destination without noting damage will be proof of satisfactory delivery of the Vehicle.
7. The Agent is never responsible for the transported vehicle. The Carrier's liability for the Vehicle begins when the bill of lading is issued and signed by the driver and ends when the Vehicle is signed for at the destination.
8. The Agent or its agents will not be responsible for damage not caused by their negligence, including:
A. Damage caused by liquids, acids, antifreeze from the cooling system, industrial rain, or damage caused by acts of God.
B. Damage that is undetectable due to the condition of the vehicle or damage to glass caused by normal use and road use.
C. Mechanical failures in the exhaust assembly, chassis, alignment, tire damage, soft tops, suspension, engine tuning, or damage caused by tearing or breaking of tie-downs.
D. Rental car expenses.
E. Damage resulting from an overloaded vehicle.
F. Damage to the Vehicle due to inability to be driven, failure to start or stop, or faulty brakes, parking brakes, or gearbox.
9. The Agent's or its agents' liability for negligence causing damage to the Vehicle will be limited to the amount paid by the Client for transporting the Vehicle.
10. The Client is responsible for preparing the vehicle for shipment. All loose parts, fragile or protruding accessories, low spoilers, antennas, etc., must be removed and/or properly secured. Any part of the vehicle that falls off during transport is the Client's responsibility, including damages caused to other vehicles involved. Security systems must be disarmed, and any key or transmitter for such devices must be provided to the carrier.
11. The Client agrees to indemnify, defend, and hold the Agent and its agents harmless for costs, expenses, damages, losses, and claims arising from the Client's breach of any warranty or obligation under this Contract.
12. The Agent guarantees and the Client acknowledges that the Agent is authorized by the Federal Motor Carrier Safety Administration (FMCSA).
13. The Auto Transport Agent and the Vehicle Carrier are authorized to operate and transport the Vehicle from the origin point to the destination specified on the Agent's bill of lading. The Carrier is authorized to drive the Vehicle at the origin or destination point between loading/unloading and pick-up/delivery points, and the Client must provide insurance for it.
14. In the event of unforeseen delivery delays, federal regulations require that all pending freight charges be paid without deductions. The Client agrees to properly note any claimed damage at the time of Vehicle delivery and pay the remaining shipping charges in cash or certified funds. Damage not noted on the transport agent's bill of lading will not be honored (no exceptions). Any damage claim caused by the Carrier must be made in writing within 15 days of delivery, specifying the claimed damage. The Carrier who physically transports the Vehicle will be responsible for all claims for damages arising from transportation. The Client agrees to make all claims with the Carrier identified on the delivery or pick-up receipt and to file any legal action for damages solely against the Carrier. The Client agrees to release and hold harmless the Agent from such claims.
15. After the Client makes the Vehicle available to the Carrier for transport, the Carrier will make every effort to deliver the Vehicle promptly. However, the Agent does not guarantee the delivery date or time.
16. The Client will pay an additional $250 if the Vehicle becomes or is inoperable during transport and an additional amount if the Vehicle is oversized or overweight, unless the Vehicle is disclosed as inoperable, oversized, or overweight, respectively. All inoperable vehicles must steer, brake, and roll.
17. While the Agent or Carrier and its agents operate the Vehicle for purposes of parking, storage, and other purposes related to fulfilling obligations under this Contract, the Agent or Carrier shall have the full benefit of any insurance taken out by the Client on the Vehicle, unless such insurance coverage is null and void while the Vehicle or property is in possession of the Agent or Carrier and its agents.
18. The Client, in their absence, must designate someone to act as their agent at the pick-up and/or delivery points.
19. This Contract constitutes the entire agreement between the parties regarding the subject matter herein. It replaces all prior negotiations, letters, and understandings related to the subject matter herein.
20. This Contract cannot be amended, supplemented, or modified in whole or in part, except by a written instrument signed by the party or parties against whom enforcement of any amendment, supplement, or modification is sought.
21. This Contract shall be interpreted in accordance with the laws of Florida, without applying its choice of law principles.
22. Car rental costs for delays, accidents, damages, force majeure, or any other reason will not be honored.
23. If legal action is instituted to enforce the terms and conditions of this Contract, the exclusive jurisdiction and venue for such action shall be in the state and federal courts of Broward County, Florida. The parties hereby irrevocably waive, to the fullest extent permitted by law, (a) any objection to jurisdiction or venue of any action arising out of or related to this Contract brought in Broward County, Florida, or any judgment issued by any court with respect thereto, or (b) any claim that any action brought in Broward County, Florida, has been brought in an inconvenient forum.
24. No person other than the Carrier, the Agent, and their agents shall be deemed to have any third-party beneficiary rights under this Contract. It is the intention of the parties to this agreement that the execution of this does not imply any direct benefit to any third party other than the Carrier, the Agent, and their agents. The Carrier, the Agent, and their agents are express third-party beneficiaries of the terms of this Contract.
This Contract replaces all prior written or oral representations by GARLAS LLC LLC and constitutes the entire agreement between the Client and GARLAS LLC LLC. It cannot be changed except by a written instrument signed by an officer of GARLAS LLC LLC. The Client warrants that they have read this agreement in its entirety and that by proceeding with the transaction, they understand and accept its terms.
Furthermore, the Client waives any claim or defense based on not having read or understood these terms and conditions, in whole or in part, and agrees to indemnify and hold harmless GARLAS LLC LLC for any fees or costs, including attorneys' fees and costs, arising from any claim or defense asserted based on not reading, knowing of, or understanding these terms and conditions.