Shipping Contract Terms & Conditions

1. These contract "Terms and Conditions" describe the mutual benefits and duties of the "Shipper" who owns the "Vehicle" shipped and/ or his/her agent who ordered transport and "America's" Auto Transport.
2. America's shall ship the subject Vehicle from Origin to Destination pursuant to the Vehicle Relocation Order and the Automobile Transport Instructions and Information located on AmericasAutoTransport.com. Both of these sources are integrated hereto as though fully set forth. All fees shall be paid before Delivery unless Shipper or its agent establishes a Billing Account Privilege with America's. Shipper, its Agent, Consignor, and Consignee agree to be jointly and severally liable as "Shipper" for any and all unpaid fees.
3. Fees include Transport Charges as agreed to by the Shipper and America's. Other fees may include charges for problems not caused by America's. If a bank refuses any payment by check or credit card for any reason, a $35.00 fee shall apply. If Shipper fails to meet pickup or delivery schedules as previously agreed, Shipper shall pay America's costs. Shipper agrees to pay all storage costs if the Vehicle is not taken at Delivery on schedule. If the Vehicle is or becomes inoperable through no fault of America's or it's carriers, Shipper agrees to pay a minimum fee of $250.00 and actual handling costs. If the Vehicle requires emergency repairs through no fault of America's or its Carriers, Shipper agrees to pay actual repair costs. If payment is not made at Delivery for any reason, Shipper agrees to pay interest at the rate of 1.5% per month on all accounts or owed balances. Refused or unclaimed Vehicles will be sold as liened, security (UCC Art.9) property. Shipper agrees to pay all costs of collection including reasonable attorney fees. Fees must be paid in full before review or payment of any Claim.
4. America's is shipping only the subject Vehicle(s) and is prohibited by U.S Department of Transportation ("DOT") law from shipping any personal property with such Vehicle. Shippers must remove all items from the Vehicle prior to transport. No clothing, electronics, music, sports equipment, or other personal items not built into the Vehicle may be shipped in the Vehicle compartment or trunk. If discovered in transit, such items may be disposed of at Shipper's cost. All loose or fragile exterior items must be secured or removed including antennas that do not retract, bed liners, shells, front car cover or other covers or tarps. The Vehicle must be clean enough to inspect and report its condition prior to transport. Shipper must furnish carrier with necessary keys to vehicle and access to all compartments. Shipper is responsible for completely disarming alarm/security system. In the event an alarm is activated, Transporter may disarm security system by any means effective.
5. Shipper and America's agents will inspect Vehicle at Origin to note major defects. Report of overall condition of Vehicle is not to completely describe every defect. Minor defects as from normal use and pre-existing damages are not Transport Related Damage. Shipper will document Vehicle condition prior to shipping, or else waive any claim. No claim will be considered for damage after transport as might have existed before transport. The Shipper or its authorized agent shall inspect the Vehicle at Delivery using the same standards as at Origin. All Transport Related Damage must be noted on this inspection at the time of delivery. Carrier is not responsible for claims except as reported at Delivery. Shipper is responsible for actively participating in accurately describing all problems at that time regardless of time of day, weather or lighting conditions. Transport Damage does not include or apply to any: mechanical; electrical; undercarriage or engine equipment; malfunctions; or damage; personal articles left in the Vehicle; antennas; cloth or vinyl tops more than 2 years old or damage caused by their failure; any canvas coverings; freezing of any sort; leaking fluids of any kind or source; fumes or odors; materials flying up from the roadway or out of the sky; any glass damage. exhaust system; muffler; tail pipes; spoiler; alignment; suspension; damage that is undetectable at time of pick-up due to vehicles dirty condition or weather condition. Including Acts of God; or minor defects as from normal use of such vehicle or pre-existing defects, or defects that exacerbate.
   Transport Damage only relates to exterior items inspected at Origin and Delivery.

   CARRIER IS NOT RESPONSIBLE FOR DAMAGE TO VEHICLE CAUSED BY:

   a)Vehicles that cannot be driven on or off transporter under its own power
   b) Vehicles having defective or insufficient brakes, parking brake, or parking gear.

6. Nothing in this agreement is binding the Carrier to pick up and/or deliver at locations from which it is impractical to operate Carrier's equipment on account of highway, street, or passageways or inadequacy of loading or unloading facilities, local, state, or federal law. NO Delivery time is guaranteed. Absolutely no specific dates, schedules, or guarantees are implied regarding pickup and delivery times or dates. Carrier will not be held responsible for any non-use of the vehicle charges, including, but not limited to auto rentals, or any other charges due to delay or damages to the vehicle.
7. Claims for Transport Related damages must be reported at time of delivery and a written claim for transport damage must be made within 7 days of delivery. Shipper agrees that in event there is a problem regarding truck delivery, Interstate Commerce Commission regulations require that all outstanding freight charges be paid without deductions. All damages must be properly noted in the presence of the driver and the balance due to be paid in full by cash or certified funds. The responsible carrier transporting the vehicle shall be liable for any and all damage claims arising from the transport. Shipper agrees to file all claims with such carrier as identified and bring any legal action for damages against such carrier only. Shipper agrees to release and hold harmless America's from any such claims. America's is not responsible for any claim of any "diminished market value." Damages do not include consequential or incidental costs including rentals. Any liability for any costs except repair or replacement is expressly excluded.
8. Shipper hereby agrees to waive any and all rights to Judicial Litigation. In case of any controversy arising from or out of this transaction, any party claiming any rights related to this transaction agrees to arbitrate any and all controversies as provided by Title 9 of the U.S Code. The only proper venue is Orange County, California