FRAUD WARNING 1.0
Any person who, with intent to defraud or knowing that he is facilitating a fraud against Online Auto Connection or it's insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud.
OWNERSHIP 2.0
Shipper warrants that he/she is the registered legal owner of the vehicle, or they have been duly authorized by the legal owners to enter into agreement for transportation of their vehicle(s). Shipper/agent further acknowledges that he/she is responsible for releasing vehicle(s), approving charges, accepting delivery and completing the final inspection at the time of delivery, thereby releasing Online Auto Connection and its agents from any and all damages unless such claims are noted on the Delivery Receipt/Bill of Lading and signed by the driver and the Shipper/Agent.
PAYMENT 3.0
Rate quotes are subject to change without notice. Shipper will pay all COD amounts, including any additional charges, in cash or cashiers check.
3.1
Shipper upon tender of shipment to Online Auto Connection ("the Carrier"), or its agents, and the Consignee upon acceptance of delivery of shipment shall be jointly and severally liable for any and all unpaid charges payable on account for shipment, including but not limited to, sums advanced or disbursed by Carrier or its agent on account of such shipment and any and all costs of collection including reasonable attorneys fees. All balances due under this contract must be paid in full before any claim is honored.
3.2
There is a $25 returned check fee. Unpaid balances are subject to late fees at the rate of 1.5% per month (18% APR).
INOPERABLE 4.0
Shipper warrants that vehicle is tendered to the carrier in good mechanical condition or clearly identifies the vehicle as INOPERABLE so the appropriate fees can be assessed. Should the vehicle become inoperable during transit, the inoperable fee will be determined by the motor carrier, and any and all fees must be paid on delivery.
4.1
Online Auto Connection nor its agents will be responsible for any damage to any vehicle(s) shipped as "INOPERABLE" or deemed to be inoperable (battery, tires, mechanical, etc.) in transit.
OVERSIZE FEES 5.0
Oversize fees will apply to vehicles over 18 feet long, 6 feet high or over 5,000 lbs. Gross Vehicle Weight.
VEHICLE PREPARATION 6.0
Shipper is responsible for preparing clean vehicle for shipment / inspection. All alarms are to be disabled. Vehicle is to have 1/4 tank or less of fuel. Remove electronic toll collection units to avoid toll charges. All loose parts, fragile or protruding accessories, low hanging spoilers (minimum 6 inch ground clearance), antennas, etc. must be removed and/or properly secured. No canvas or material coverings are allowed. Any part that falls off in transit is the Shipper's responsibility, including damages caused by said part.
VEHICLE INSPECTION 7.0
The Shipper/Agent is responsible for retaining a pink copy of the signed, pre-shipment inspection made on the Bill of Lading and the yellow copy provided at delivery. These documents must be provided upon request with any damage claim.
7.1
Online Auto Connection reserves the right to refuse any shipment(s) at the point of origin if the vehicle(s) contain excessive personal items (over 200 lbs.), items in the passenger compartment, excessive body damage or mechanical deficiencies.
7.2
When a vehicle is picked up and conditions are not suitable to do a proper inspection (e.g. rain, snow, ice, dirt, oil, poor lighting, etc.) the Bill of Lading/Condition Report will be marked "OPEN FOR RE-INSPECTION." If the Shipper or his Agent do not allow sufficient time to complete the inspection, then vehicle(s) will be shipped "AS IS". Under either of these conditions, the vehicle will be shipped "AS IS" and Online Auto Connection will not be liable for any damages found at the time of delivery.
PERSONAL ITEMS 8.0
All personal items MUST be confined to the trunk and must not exceed 200 lbs. For vehicles without trunks, personal items must be secured behind the back seat and below the window level. Personal items are not insured and Online Auto Connection will not be held liable for the delivery of personal property. No electronic equipment, plants, pets, alcohol, drugs (including prescriptions), medical or legal documents, firearms, explosives, jewelry or other valuables can be transported. Parkway Auto Transport reserves the right to bill additional fees for over packed vehicles or refuse shipment of the vehicle.
PICKUP/DELIVERY TIME 9.0
Carrier shall have the right in case of physical necessity, and/or operating authority limits, to forward said property by any Carrier or route.
9.1
Online Auto Connection and its agents agree to make all efforts possible to provide the most expedient shipment of described vehicle(s) - insofar as they will not compromise their standard of safety or quality. Shipper also understands that reasons for shipment delay may include, but are not limited to, adverse weather, traffic and road conditions, illness, repairs, supply and demand for trucks & drivers, etc. ALL DATES ARE ESTIMATED.
9.2
The Carrier, its employees or its agents cannot guarantee the DATE or TIME of delivery. All verbal or written dates and times are subject to change. Carrier and his agents are responsible for routing but make no guarantees as to dates or times. Past performance is not a guarantee of future performance.
9.3
If consignee or designated agents do not respond to attempted notifications by phone, and delivery of vehicle(s) cannot be made by Online Auto Connection or its agents, the vehicle(s) will be taken to the closest terminal, at the discretion of Online Auto Connection. All C.O.D.'s, terminal fees, storage charges, phone charges and additional mileage fees, if any, would be due and payable to Online Auto Connection in either Cash or Cashier's check before release of vehicle(s) to consignee or agents. Vehicles transported and covered by this agreement serve as collateral with a security interest position in favor of the carrier until all charges are paid and all monies cleared. Delivery will have been completed when shipment is unloaded and assigned to the storage terminal of choice. Online Auto Connection will not be liable for vehicles after such delivery is complete.
9.4
Due to weight restrictions, hills, overhanging trees, narrow streets, low bridges and other such restrictions, Shipper and his/her agent agrees to meet driver at a legal and/or safe pick-up or delivery point. Carrier will notify Shipper/agent of pickup and delivery between 3 and 24 hours in advance.
9.5
Whenever property that is stored, damaged, or alleged to be damaged and is, as a consequence thereof, not delivered or is abandoned, rejected or refused upon tender thereof to the owner, consignee, or person entitled to receive such property, the carrier, after giving due notice whenever practical to do so to the owner and other parties that may have an interest therein, and unless advised to the contrary after giving such notice, will undertake to sell or dispose of such property by the employment of a competent salvage agent. Any monies recovered from the sale of such salvage or goods will be used to satisfy all claims including, salvage processing, storage, transport and other lawful costs incurred by the carrier/agents. Any residual amounts will be sent to the person or persons lawfully entitled to receive the same upon claim and proof of ownership.
CLAIMS PROCESSING 10.0
Shipper/Agent is responsible to inspect and document all alleged damage on the Bill of Lading. Both parties must sign the drivers and shippers copies. The Shipper/Agent is responsible for retaining a pink copy of the signed, pre-shipment inspection made on the Bill of Lading and the yellow copy delivery receipt. These documents must be provided upon request with any damage claim. All claims must be made in writing on the Delivery Receipt/Bill of Lading during delivery and must be reported by the Shipper via telephone to the Claims Coordinator at 716-675-0424 within 24 hours of delivery or next business day. The Claims Coordinator will provide you with additional instructions to pursue damage claims.
10.1
The signature of the Shipper/Agent on the Bill of Lading/Delivery Receipt at the time of delivery without notation of damage, no matter what time of day or night, or type of weather, shall be evidence of satisfactory delivery of vehicle(s). Failure to note damage indicates satisfactory delivery and any such claim must be filed with your insurance company.
10.2
All claims must be computed at actual cost. Carrier reserves the right to inspect all claims of damage by carrier's representatives. Consignee must offer reasonable evidence to the carrier's representative when inspection is made that loss or damage was not incurred by the consignee after delivery of shipment by carrier. While awaiting inspection by carrier, the consignee must hold the property and its contents in the same condition they were in when damage was discovered insofar as it is possible to do so. Carrier claims all salvage rights on damaged parts. Parts must be held for pickup for a minimum of 30 days.
10.3
All claims will be assigned a claim number and a minimum of two itemized repair estimates and photographs must be received in our office within five (5) business days.
10.4
Online Auto Connection and its agents are not responsible for any costs associated with the rental of vehicles. Shippers/Agents agree that Online Auto Connection and its agents are not responsible for any loss-of-use claims arising from the delay in the pickup/delivery or damage of any vehicle(s). Loss-of-Use is not a covered loss under this contract.
DAMAGES - LIMIT OF LIABILITY 11.0
Insurance coverage is provided up to $100,000.00 per vehicle. If vehicle is valued higher than the coverage limit, it is the customer's responsibility to ensure the vehicle has adequate personal coverage for amounts exceeding this limit.
11.1
The Carrier will not be responsible for damages that are NOT a result of carrier negligence. This includes, but is not limited to, damage caused by Acts of God, vandalism, mechanical malfunctions, overloaded vehicles and road debris that comes in contact with any vehicle(s) while in transit. This includes, but not limited to, damages from rock or gravel, road dirt, oil, tar stains, leaking fluids, battery acids, cooling system fluids, antifreeze, hydraulic fluids, industrial fallout and road salt.
11.2
The Carrier will not be responsible for "Normal Road Exposure". Under the terms of this contract, "Normal Road Exposure" will be defined as "minor dents, scratches, chips, wear and similar conditions that are NOT visible at a distance of twenty feet in normal daylight by a person with 20/20 vision." Shipper agrees with this definition and acknowledges that condition reports may not cover such minor conditions and will not hold the Carrier liable for any conditions meeting this criteria.
11.3
Inspection of certain items is impractical and the Shipper agrees that Carrier is not responsible for claims involving mechanical, electrical or exhaust systems, alignment, suspension, transmissions, clutches, brakes or engine tuning. Not responsible for any damage to the underside of any vehicle that does not have at least 6 inches of ground clearance. This includes, but not limited to, spoilers, oil pans, gas tanks, splash guards, suspension or exhaust systems, transmission casings, axles, bumpers, license plates/holders, etc.
11.4
Not responsible for damages to interior or exterior of vehicle caused by any personal items inside of vehicle(s). No claims on convertible tops that are loose, torn, or have visible wear.
11.5
Not responsible for any damage to any modifications that are not factory installed. This includes, but not limited to, antennas that extend more than 3 inches above the roof line, toppers, bed liners, extended side mirrors, bug shields, bicycle carriers, luggage racks, oversize tires, lift kits or other aftermarket modifications.
11.6
Not responsible for damage to tie-downs that break or tear. Not responsible for damages to vehicles caused by tie-downs that are not in good repair.
11.7
No claims on any new damage caused by pre-existing damage or faulty equipment. This includes, but not limited to, glass chips, factory locks and latches, windows, tires, emergency brakes, etc.
CANCELLATIONS AND CHANGES TO ORDER/CONTRACT 12.0
All orders are subject to a cancellation fee of the deposit amount unless we receive written notice of such cancellation fourteen (14) days prior to the first scheduled pickup date. Refunds will be processed within 30 days.
12.1
Notification to cancel orders or change any information such as vehicles, dates, locations, etc. must be made to Online Auto Connection in writing (U.S. mail, e-mail or fax).
12.2
This contract may be amended and/or modified only by written agreement signed by all parties hereto. Drivers or agents of Online Auto Connection cannot waive contractual requirements found in this contract.
ENTIRE AGREEMENT 13.0
This supersedes all prior written or oral representation of Online Auto Connection and constitutes the entire agreement between shipper and Parkway Auto Transport, Inc, and its agents. Once the Shipping Order is signed and received by Online Auto Connection both parties are bound under the Terms and Conditions of this contract. The contract may not be changed unless management of Online Auto Connection signs and submits such changes in writing.
