1. Customer is the registered legal owner of the vehicle(s) being transported and has the authority to enter into this Agreement or has been duly authorized by the legal owner of the vehicle(s) to enter into this Agreement.
2. Customer shall prepare vehicles for transport by securing all batteries, loose parts, fragile or protruding accessories, how hanging spoilers, antennae and other similar items. The customer shall disarm the vehicle alarm system and provide Haul Away Logistics, LLC. or its assigned carrier with the tools or keys required to disarm the system should it become activated. If the alarm system is activate during the transport of the vehicle, Haul Away Logistics, LLC. or its assigned carrier may deactivate the alarm system by any means that the transport driver deems reasonable and effective. Customer releases any claims for damages that are caused by Customers failure to fulfill these obligations. Customer shall prepare the vehicle(s) for transport by removing all detachable personal belongings from the vehicle. Haul Away Logistics, LLC. may at its sole discretion impose additional fees for contents left in the vehicle. Haul Away Logistics, LLC.will in no way be responsible for the safe transport of such contents.
3. Customer or his agent who has been identified in writing to Haul Away Logistics, LLC. shall be present at the point of pickup and delivery. If customer or his agent is not present for any reason the vehicle(s) will be placed in storage at the owner’s expense.
4. All delivery dates are estimates only. Haul Away Logistics, LLC. does not agree or commit to transport the vehicle(s) in time for any particular date or event and will not be held responsible for any loss or damage that results for any delay. No express or implied warrantees are made with respect to delivery times or dates.
5. Haul Away Logistics, LLC. may, at its sole discretion, subcontract it obligations hereunder.
6. Customer authorizes Haul Away Logistics, LLC., its subcontractors, agents and employees to drive, park, store, and otherwise operate or transport the vehicle(s) in any manner necessary to fulfill the obligations under this agreement. Customer shall maintain insurance on the vehicles that shall extend to Haul Away Logistics, LLC. operation of the vehicle(s). Customer may be required to provide proof of insurance on the vehicle(s) to Haul Away Logistics, LLC. and will keep in force such insurance until the transport of the vehicle(s) is complete.
7. In no event shall Haul Away Logistics, LLC., its subcontractors, agents, or employees be liable for any damages except for the damages to vehicles actually transported and only to the extent such damages were caused by Haul Away Logistics, LLC., gross negligence or intentional conduct. Customer specifically agrees and hereby waives any other claims against Haul Away Logistics, LLC. or its subcontractor including but not limited to minor damages such as scratches, scrapes, and chips that result from normal road conditions and wear and tear: damages caused by leaking fluids, battery acid, cooling system fluids, industrial fallout, mechanical malfunctions; exhaust assembly; frame; alignment; tire damage; suspension; glass damage; overloaded vehicles; defective or insufficient brakes, parking brake or parking gear; damage to loose torn or visibly worn convertible tops; damage to boots, caps, masks or bras or any other type of covering; damage caused as a result of the inoperable condition of the vehicle; damage caused by tie-downs that break or tear due to the vehicles age or condition; damage that is undetectable due to the vehicles dirty condition at the time of pickup; or damage caused as a result of acts of God or other Force Majeure events. Haul Away Logistics, LLC. shall not be liable for missing navigation disks, additional keys, floor mats or other removable equipment. Additionally, Haul Away Logistics, LLC.will not provide reimbursement for auto rental fees resulting from delay, damage, or accident. Furthermore, Haul Away Logistics, LLC.will not be responsible for depreciated value resulting from damages or delays.
8. Customer shall identify any damage to the vehicle(s) by noting damage on the Bill of Lading received by Customer at the time of delivery. Any claims related to such noted damage must be submitted in writing to Haul Away Logistics, LLC. or it’s subcontractor with 2 days of delivery, or, in case of failure or delivery within 2 days of the date that vehicle was scheduled to be delivered. Customer hereby waives any damage claims that are not noted on the Bill of Lading or for which Customer has not submitted in a timely written claim. Haul Away Logistics, LLC. shall not be liable directly, in subrogation, or by assignment to Customer’s insurance company for any claims paid by the Company. In no event shall Haul AWAY Logistics, LLC. be liable for any incidental, indirect or consequential damages.
9. Payment may be made in full to Haul Away Logistics, LLC. prior to pick up. All major credit and check cards are accepted. Customer is required to pay an initial deposit on the scheduled pickup date. Said deposit is a non refundable. If payment is not made in full before or on pickup date, the balance less the deposit shall be paid to the Haul Away Logistics, LLC. or subcontractor at point of delivery via cash check or money order.
10. Additional fees related to inoperable vehicles may apply. If vehicle(s) rendered for shipment become inoperable during transport, as a result of conditions beyond the control of the carrier, then an inoperable fee of ($150.00) may be applied to the order.
11. Customer shall defend, indemnify and hold Haul Away Logistics, LLC. and its’ subcontractors harmless from any cost, expense, damage, loss, and claim, including any third party property or personal injury claim arising out of or related to Customers breach of any warranty or obligation hereunder.
12. Performance under this contract shall be excused to the extent such performance is prevented force majeure. The term “force majeure” shall include acts of God or the elements, acts of a public enemy, acts of terrorism, riots, strikes, labor disputes, fires, explosions, floods, acts or orders of civil or military authorities, or other causes beyond the reasonable control of the party declaring the force majeure events. Such excuse from performance shall continue until the force majeure event ceases to exist.
13. The provisions of this Agreement are severable and the invalidity and enforceability of any provisions herein shall not affect the enforceability of the remaining provisions which shall remain in full force and effect. This agreement supersedes all written or oral agreements between Haul Away Logistics, LLC. and Customer and may not be changed except when changed in writing by an Officer of Haul Away Logistics, LLC..
14. This Agreement shall be governed by and construed in accordance with laws of the state of Florida. The parties further agree that any legal action arising out of this agreement shall be filed in a court of competent jurisdiction within Broward County, Florida. Customer hereby submits to the jurisdiction of such courts and waives any and all defenses based on lack of personal jurisdiction.