8 Brothers, Inc. hereinafter referred to “Carrier” is a certified and licensed carrier (MC# 832977; DOT# 2418874).
This Agreement is between solely the Customer and his/her/its duly authorized agents, (hereinafter referred to as “Customer”), and 8 Brothers, Inc (“Carrier”).
General Terms and Conditions:
1. By Customer’s signature, Customer agrees and acknowledges that he/she/it has thoroughly read and completely understands this Agreement and Customer will abide by these terms and conditions. Client agrees and understands that 8 Brothers, Inc. is a certified and licensed auto carrier and is acting in the capacity as such. Customer agrees and acknowledges that Customer is the registered legal owner of the vehicle(s) or has been duly authorized by the legal owner of the vehicle(s), to enter into this Agreement. Customer agrees and authorizes Carrier and its agents, jointly and separately, to operate and transport vehicle(s) from the Point of Origin specified to the specified Destination included in this Bill of Lading and Agreement.
2. Customer shall remove all contents, articles, belongings, and/or personal property (hereinafter as “personal property”) from the vehicle to be transported. Customer shall confirm and verify that the vehicle is free from any personal property and agrees that Carrier shall not be held responsible for any loss or damage to personal property left in the vehicle including loss or damage to any non-stock items of the vehicle, nor will the Carrier be responsible for damages caused to vehicle(s) by personal property left inside the vehicle.
3. Customer must furnish to Carrier the necessary keys to the vehicle and all compartments. If applicable, Customer is responsible for disarming alarm/security system. In the event of said alarm sounds and there are no keys or instructions on how to turn it off, Carrier may silence alarm by any means that Carrier deems necessary, reasonable, and/or effective. Customer agrees that Carrier shall not be held liable for any loss or damages as a result of necessary action taken to disable/silence the alarm.
4. Customer shall ensure the vehicle is in safe and operable condition and to prepare the vehicle(s) for transport. Customer shall remove and properly secure all loose parts, fragile or protruding accessories, low hanging spoilers etc. Customer shall remove all non-permanent, outside mounted luggage, and other racks prior to shipment. Customer agrees that any part of the vehicle that falls off during transport is the Customer’s responsibility including any damages caused by said part to any and all other vehicles involved.
5. Customer agrees and understands that there are absolutely no guarantees made by Carrier, expressed or implied, regarding delivery time and dates. All delivery times and dates are only estimates of normal deliveries. Customer agrees and understands that unavoidable delays may occur. Carrier does not guarantee to transport shipment of vehicle in time for any particular market or event and shall not be held responsible for any loss or damages due to unavoidable delay and/or for deliveries that fall outside of the estimated delivery dates and times.
6. In the event that Carrier is unable to safely access the pickup or delivery addresses provided by Customer (due to, but not limited to: entrance restrictions, low hanging branches, and/or narrow streets), Customer shall meet Carrier at a nearby location in order for Carrier to safely perform its service. Customer’s inability to meet Carrier at pick up and/or delivery location may result in additional fees.
7. Carrier shall not be held responsible for any auto rental and no auto rental will be honored for any reasons including due to delays, damages, and/or accidents.
8. At time of pickup, Carrier and Customer shall inspect the vehicle for any pre-existing damage by completing a vehicle inspection report located and recorded on the Bill of Lading. Carrier and Customer agree and understand that the vehicle inspection report serves as an acknowledgment to the condition of the vehicle. Customer shall sign and receive a copy of the Bill of Lading.
9. At time of delivery, Carrier and Customer shall inspect the vehicle for possible damages incurred during transit. Any alleged damages from transit shall be documented via a post-delivery inspection report. Customer shall sign and receive a copy of the Bill of Lading. Damages must be noted in the designated area of the Bill of Lading. Any signing of the Bill of Lading and Inspection report with a failure to note any damage during the final inspection is an acknowledgment by Customer that he/she/it has received the vehicle(s) in satisfactory condition and Customer fully releases Carrier of any liability.
10. Customer shall, in his/her/its absence, designate a person to act as their agent at the point of pick up and/or delivery, if for any reason he/she/it is unavailable. Carrier’s Limited Liability Disclaimer
11. Carrier shall not be responsible or liable for any damage caused by vandalism, acts of God, weather/storm damage, damage resulting from worn/broken parts of the vehicle or added personal property/items, or damage from flying objects from the road or objects falling from the sky during transport.
12. Carrier shall not be responsible or liable for any mechanical function damages including but not limited to engine, transmission, rear-end, motor mounts, drivetrains, wiring systems, cooling systems, window motors, radios, stereo systems, power steering, air bag, brake cable or brake system, clutch cable or clutch, engine tuning, vehicle computerized systems, alarm systems, any switch, alignment or suspension, or otherwise anything mechanical or electric.
13. Carrier shall not be responsible or liable for any damage caused by leaking fluids including but not limited to battery acids, brake systems, cooling systems, anti-freeze solutions, etc.) Carrier shall not be responsible or liable for any damage caused by freezing of the engine, cooling system, and/or batteries.
14. Carrier shall not be responsible or liable for damage to the vehicle from tie downs breaking or tearing.
15. Carrier shall not be responsible or liable for any damages to exhaust systems, muffler, or tailpipes.
16. Carrier shall not be responsible or liable for convertible tops that are loose, torn, or have visible wear; or for vehicle boots, caps, masks, bras, or any other type of canvas or material covering.
17. Carrier shall not be responsible or liable for any damage caused by Customer’s failure to meet his/her/its obligations pursuant to this Bill of Lading and Agreement including but limited to damages as a result of Customer’s personal property left in the vehicle, lack of Customer preparing vehicle for transport, failure of Customer to inform Carrier of any fluid leaks, or any defects with the vehicle.
18. Carrier shall not be responsible or liable for damages as a result of the vehicle not being able to be driven or operable on or off the transport truck under its own power and/or the vehicle having defective or insufficient brake, parking brake, or parking gear.
19. Customer shall defend, indemnify, and hold harmless Carrier from any and all actual and alleged claims, demands, causes of action, liability, loss, damage and/or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, imposed by a court of law or by administrative action of any federal, state, or local agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct by Carrier or its personnel, employees, agents, or contractors in connection with or arising out of Carrier’s actions. The indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, attorney’s fees, and related costs or expenses, and any reimbursements to Carrier for all legal expenses and costs incurred by it.
20. Carrier shall inform Customer prior to delivery of the estimated time of arrival and coordinate a specific time and place to meet.
21. All payments by Customer to Carrier must be made in form of cash or money order/cashier’s check. Any cashier’s check or money order must be made payable to Carrier’s company name ONLY. All payments for the balance due to Carrier must be made by Customer on or before delivery of the vehicle(s) unless Carrier provides written consent stating otherwise.
22. Customer warrants that he/she/it will pay the balance due to Carrier in full and will not try to offset any dispute for damage claims and/or delays etc. from the .2balance due.
23. Customer agrees that if payment cannot be made by cash or money order/cashier’s check or if customer is unable to accept delivery by Carrier for any reason, the vehicle will remain in Carrier’s possession and stored at Customer’s expense. Any and all storage/delivery charges are the sole responsibility of Customer.
24. Customer agrees that if the vehicle becomes inoperative for any reason during transport, Carrier may charge an additional $100.00 transport fee which must be paid by Customer at the time of delivery. Customer agrees that a $50 fee shall be charged if the vehicle requires a jump start. If the vehicle is non-operational and Carrier is unable to physically transport the vehicle to reach the pick up or delivery destination, Carrier may use a local tow truck company to assist in the service at the expense of the Customer.
25. Customer and Carrier agree that this Agreement shall be governed by, and interpreted and construed in accordance with the laws of the State of Florida. Customer and Carrier further agree that any legal action arising out of this Agreement must be filed in a court of jurisdiction within Duval County, Florida and that Carrier’s liability (if any) is limited to the amount of Carrier’s service fee only. Customer hereby submits to the jurisdiction of such courts and waives any right to jurisdiction in any other location. In the event of any litigation or legal action to enforce or interpret any provision, terms, or conditions of this Agreement and if Carrier prevails, Carrier is entitled to recover its reasonable attorneys’ fees and costs incurred, at both trial and all appellate levels, in addition to any other relief to which Carrier may be entitled.
26. The article and section headings in this Agreement are inserted as a matter of convenience and are for reference only and shall not be construed to define, limit, extend, or describe the scope of this Agreement or the intent of any provision.
27. If any provision of this Agreement is deemed invalid, illegal or unenforceable by operation of law or decision of a court of competent jurisdiction, it shall be stricken only to the extent of such invalidity, illegality or unenforceability, and the remainder of this Agreement shall be given full force and effect.
28. Carrier and Customer acknowledge and agree that this Agreement including the attached Bill of Lading constitutes the entire agreement between the Parties hereto and supersedes all prior agreements, whether written or oral, between the Parties.