Customer Agreement (this “Agreement”) is by and between Crestline Auto Transport (“Broker”), and Customer (“Customer”).
WHEREAS, Broker is licensed as a registered broker of property by the Federal Motor Carrier Safety Administration (“FMCSA”) in Docket Number MC-698686, and in such capacity, arranges for the transportation of freight (except household goods) by motor vehicles; and
WHEREAS, Customer has authorization to make shipping arrangements for vehicle(s) and accepts the Agreement found herein;
NOW, THEREFORE, in consideration of the above recitals and mutual promises and covenants contained herein, the parties, intending to be legally bound, agree as follows:
- Customer’s placement of order and acknowledgment of services to be rendered shall act as Customer’s intent to be bound by these terms, and thus operates as the exclusive agreement between the parties. Furthermore, this document contains the complete and exclusive understanding between Crestline Auto Transport and Customer. As such, this Agreement supersedes any prior verbal or written agreement and modification of this Agreement in any part shall only be valid if executed and signed by an Officer of Crestline Auto Transport and Customer.
- Customer agrees to be the registered legal owner of the vehicle(s), and as such has the legal authority to enter into this Agreement. Alternatively, Customer hereby acknowledges to be the rightful agent of the legal owner and has been duly authorized by the legal owner of the vehicle(s) to enter into this Agreement. Accordingly, Customer or his authorized agent shall be present at the point of pickup and delivery.
- Crestline Auto Transport agrees to arrange for door-to-door transport of vehicle(s). Crestline Auto Transport does not own trucks or physically transport the vehicle. Crestline Auto Transport will assign a reliable carrier (Carrier) to fulfill the terms and conditions of this Agreement. Crestline Auto Transport will perform due diligence to ensure Carriers are fully insured and is duly authorized to operate as a motor carrier of property and provides a registration number issued by the U.S. Department of Transportation or the former Interstate Commerce Commission. Crestline Auto Transport services end when the Carrier is assigned and contacts Customer regarding pickup and delivery of the vehicle.
- There are times when carriers are unable to drive to a specific pickup or delivery location. It is the responsibility of the Customer and the Carrier to decide to meet at an alternative location. Pickup and delivery dates are contingent upon Carrier availability and season. All dates and times given are merely estimates and Crestline Auto Transport makes no representations or warranties as to exact date and time of pick up or delivery. Carriers may be subject to delays. Crestline Auto Transport will not be held responsible for any expense related to a delay to include but not be limited to car rental fees, storage fees, or accommodation fees.
- Carrier is responsible for the vehicle while the vehicle is in possession of Carrier. Crestline Auto Transport is not responsible for any damage done to the vehicle while in the possession of Carrier. Crestline Auto Transport will support Customer in filing insurance claims. Claims are to be filed directly with the Carrier’s insurance. If the vehicle is valued at a higher than market rate, Customer is responsible for the purchase of a special insurance rider. In no event shall Crestline Auto Transport be liable for any special, incidental, or consequential damages.
- There should be an inspection performed by the Carrier at both the time of pickup and delivery and a Bill of Lading completed. Customer should inspect the vehicle carefully with the Carrier at both the time of pickup and delivery. Customer is responsible for proper preparation of the vehicle for transport. Customer must notify Crestline Auto Transport at the time of requesting a quote of the correct vehicle type (car, SUV, truck, van, etc.) and whether there is anything non-stock about the vehicle (lifts, oversized tires, etc.) Vehicle type and alternations may affect the quoted price.
- Carrier responsibility begins when Customer signs the Bill of Lading at the time of pickup and terminates when the Customer signs the Bill of Lading at the time of delivery. Crestline Auto Transport must be notified should the Customer be unavailable for pickup or delivery, or if either the pickup or delivery locations change, with sufficient time to notify the Carrier. If a Carrier is sent out and the vehicle is not available for pickup, Crestline Auto Transport reserves the right to charge a rescheduling fee that will be determined based on the events and circumstances of the reschedule.
- Neither Crestline Auto Transport nor Carrier are responsible for the transport of personal items in the vehicle. Federal law prohibits either Crestline Auto Transport or Carrier from the transport of household goods. Additional charges may apply at the discretion of the carrier. It is at Customer discretion to obtain or maintain insurance for coverage of personal items that are within vehicle(s) at time of transport.
- If damage to the vehicle should occur, all money owed for the transport must be paid to Broker to initiate a claim. Damage must be properly noted on the Bill of Lading and signed by both the Customer and Carrier. Without proper notation of damage on the Carrier Bill of Lading, Customer verifies that the vehicle was received in good condition. Crestline Auto Transport must be notified by phone and email within 24 hours of delivery of the damage. For Customer’s protection, Crestline Auto Transport recommends that the Customer secure photographs of the vehicle(s) and notates damage before and after delivery. Neither Crestline Auto Transport nor Carrier will be held responsible for vandalism, acts of God (fire, flooding, hail, sandstorms, tornadoes, earthquakes, etc.) or objects flying from the road or sky during transport of vehicle(s).
- Crestline Auto Transport reserves the right to charge an In-op fee that will be determined based on the condition of the vehicle which will be applied to vehicles that are non-operational and do not require more than a standard winch to load on and off the transport vehicle. This fee is included in the quoted price when Customer has indicated this in the request for a quote. If the vehicle becomes non-operational at any time from the time of pickup, or if it was not known at the time the quote was given, an “In-Operable” fee will be applied.
- Should delivery be attempted after proper notification and Customer is either unavailable to receive delivery, or refuses delivery of the vehicle, then Carrier will transport the vehicle to a nearby storage facility until the matter can be resolved. Customer will be responsible for any accumulated storage fees, redelivery fees, etc.
- Customer payment is to Crestline Auto Transport. Unless other arrangements have been made ahead of time between Customer and Broker, form of payment will be made in cash, credit card, cashier’s check and/or money order (payable to Crestline Auto Transport). Full payments will be made at the time the vehicle is picked up.
- This Agreement shall be governed by the laws of the State of Texas without regard to that state’s conflicts of law provisions. Customer specifically waives any right to jurisdiction of this matter at any other location. Crestline Auto Transport is only liable for up to the amount of transport cost.
- Entire Agreement. This Agreement constitutes the entire agreement and understanding between Crestline Auto Transport and Customer with respect to the subject matter hereof and shall not be modified, altered, changed or amended in any respect unless in writing and signed by Broker and Customer.
- Attorney’s Fees. In the event either party commences legal action to enforce its rights under this Agreement, the prevailing party shall be entitled to an award of its attorneys’ fees and other costs of such litigation.
- Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. Facsimile or portable document format (“PDF”) transmission of any signed original document or retransmission of any signed facsimile or PDF transmission shall be deemed the same as delivery of an original. At the request of any party, the parties will confirm facsimile or PDF transmission by signing a duplicate original document.