TERMS AND CONDITIONS
The transporter will not be responsible for any damage not resulting from transporter negligence. The carrier or the party in possession of any of the property described in this bill of lading shall be liable as at common law for any loss thereof or damage thereto except as hereinafter provided.
Carrier no shall be liable for any loss or damage to a shipment or for any delay caused by an Act of God, the public enemy, the authority of law, or the act or default of shipper. Except in the case of negligence of the carrier or party in possession, the carrier or party in possession shall not be liable for loss, damage or delay which results: when the property is stopped and held in transit upon request of the shipper, owner or party entitled to make such requests; or from faulty or impassible highway, or by lack of capacity of a highway bridge or ferry; or from a defect or vice in the property; or from riots or strikes. The burden to prove freedom from negligence is on the carrier or the party in possession.
1. The customer verifies this vehicle is free of contents.
2. ***** No delivery time guaranteed. All delivery dates are only estimates of normal deliveries (delays may occur). Transporter does not agree to transport shipment in time for any particular market or event and will not responsible for loss or damages occasioned by unavoidable delay. There are absolutely no guarantees made, expressed or limited, regarding delivery times or date. Unless arranged or agreed upon, in writing, prior to shipment, carrier is not bound to transport a shipment by a particular schedule or in time for a particular market, but is responsible to transport with reasonable dispatch. In case of physical necessity, carrier may forward a shipment via another carrier. No auto rental will be honored (for delays, damage or accidents.) *****
3. The transporter will not be responsible for damage caused by freezing or leaking fluids. ( Battery acids, brake systems, cooling systems, antifreeze solutions ). Industrial fallout and acts of God. The customer is responsible for preparing the vehicle for transport. All loose parts, fragile or protruding accessories, bow hanging spoilers etc. must be removed and properly secured. Any part of the vehicle that fails off during transport is customer's responsibility including damages caused by said part to any and all other vehicles involved.
4. The customer is responsible for completely disarming any alarm system installed in the vehicle. The customer must provide keys to any alarm system in the event the car alarm sound the transporter is required to silence the alarm by any means the transporter or transport driver deems reasonable effective.
5. The transporter will not responsible for any mechanical function damages to include engine, transmission, rear end, motor mounts, drive trains, wiring systems, cooling systems, window motors, radios, stereo system, power steering, air bag, brake cable or brake system, clutch cable, or clutch, engine tuning, vehicle computerized systems, alarm system, any switch, alignment or suspension etc. (anything that is mechanical or electrical) The transporter will not responsible for any exhaust system, mufflers, or tail pipe. NO EXCEPTIONS.
6. The transporter will not be responsible for convertible tops that are loose, tom or have visible wear. The transporter will not be responsible for vehicle boots, caps, masks, bras or any other type of canvas material covering. NO EXCEPTIONS.
7. The vehicle owner or the customer shall, in their absence designate a person to act as their agent at the point of pick up/or delivery, for any reason they are unavailable. The transporter will inform the customer prior to delivery, it is the customer's responsibility to have the full payment where the transporter's driver arrives, in order to affect pickup and delivery the customer agrees to meet the transporter's driver at any specified time and place. NO EXCEPTIONS.
8. *****All payments must be done with Cash (U.S. Currency Only) or cashier's checks only. The customer agrees that if the payment can not be made by cashier check or cash, the vehicle will be stored at the customer's expense. Should the customer be unable to accept the delivery for any reason, the vehicle will be placed in storage at the owner's expense. To pick up from storage customer needs to pay transport fee plus accumulated daily storage.CASH OR CASHIERS CHECK WILL BE THE ONLY FORM OF PAYMENT ACCEPTED.
8. (a) If the consignee refuses the shipment tendered for delivery by carrier, or if carrier is unable to deliver the shipment, because of fault or mistake of the consignor or consignee, the carrier’s liability shall then become that of a warehouseman. Carrier shall promptly attempt to provide notice, by telephonic or electronic communication as provided on the face of the bill of lading, if so indicated, to the shipper or the party, if any, designated to receive notice on this bill of lading. Storage charges, based on carrier’s tariff, shall start no sooner than the next business day following the attempted notification. Storage may be, at the carrier’s option, in any location that provides reasonable protection against loss or damage. The carrier may place the shipment in public storage at the owner’s expense and without liability to the carrier.
8. (b) If the carrier does not receive disposition instructions within 48 hours of the time of carrier’s attempted first notification, carrier will attempt to issue a second and final confirmed notification. Such notice shall advise that if carrier does not receive disposition instructions within 30 days of that notification, carrier may offer the shipment for sale at a public auction and the carrier has the right to offer the shipment for sale. The amount of sale will be applied to the carrier’s invoice for transportation, storage and other lawful charges. The owner will be responsible for the balance of charges not covered by the sale of the goods. If there is a balance remaining after all charges and expenses are paid, such balance will be paid to the owner of the property sold hereunder, upon claim and proof of ownership. *****
9. The Customer agrees that is the only contract between the parties governing this transport and no other agreement or contract is in effect. No claim or legal action of any kind maybe initiated against transporter's agent(s) or the transporter broker (if any). Claims for damage must be made to the transporter.
10. Exceptions for damages must be noted on the Bill of Lading at time of delivery, a claim for damage not documented on the Bill of Lading will not be accepted, claims must be made within 7 (seven) days of delivery with a statement of specific damages claimed.
10. (a) as a condition precedent to recovery, claims must be filed in writing to the carrier, having sufficient information to identify the shipment.
12. if the claim is made, the carrier has the right to take the vehicle to licensed body Shop of carrier choice.
11. If any provision or part of this agreement is held to be invalid or unenforceable, all other parts of this agreement remain in effect.
12. INSURANCE COVERAGE, IS NOT IN EFFECT WHILE THE VEHICLE IS AT A TERMINAL LOCATION OR WHILE IT IS BEING DRIVEN TO OR FROM POINTS OF LOADING OR UNLOADING. APPLIES TO ANY DROP LOCATION. YOUR INSURANCE IS IN FULL EFFECT WHEN THE VEHICLE IS NOT THE CARRIER.
Machete Transport, Inc
Phone: 786 222 8102