This Contract is entered into between shipper (who shall be referred to as “Shipper”) and MARTIN TRANSPORTS (referred to as “Carrier”).
- This contract will be used in conjunction with the Bill of Lading issued by Martin Transports International Inc.
- Shipper warrants that he/she is the legal owner of the vehicle, or that he/she has been authorized to enter into this Contract for the transportation of the vehicle. Shipper acknowledges and agrees that the person listed as Consignee on Carrier’s Uniform Straight Bill of Lading is Shipper’s agent for purposes of approving charges, accepting delivery of the vehicle, and releasing the Carrier from liability. Shipper acknowledges and understands that all charges by Carrier must be paid in full prior to the vehicle being released and that acceptable forms of payment are cash, paypal, wire, cashier’s check, money orders, personal check or certified check.
- The order for shipment is subject to both the contract of transportation as listed on the carrier’s uniform straight bill of lading and these terms and conditions. If vehicle is turned over to Carrier by any person other than Shipper, Shipper acknowledges that all persons signing Bills of Lading as the “Shipper” & Shipper’s agents are fully authorized to deliver possession of the vehicle on the terms stated herein and on the bill(s) of lading. By Shipper of Agent’s signature, the Carrier and its agents are authorized to transport the vehicle from point of origin to point of destination and to operate said vehicle for the purpose of loading and unloading.
- Shipper is responsible for preparing the vehicle for transport. All vehicles shall have ¼ tank of fuel or less and the vehicle shall be free of all personal items. Vehicles must free of leaking fluids. Carrier will provide a copy of inspection report to customer.
- Carrier will inspect the vehicle at its origin to note obvious defects. Report of overall condition of the vehicle as shown on the Bill of Lading is not to completely describe every defect. Minor defects resulting from normal use and pre-existing damages are not transport-related damage. No claims will be considered for damage after transport that may have existed prior to transport. Shipper or Consignee shall inspect the vehicle at delivery using the same standards as were used at the origin. All transport-related damage or exceptions must be noted on the Bill of Lading at time of delivery. A claim for damages not documented on Bill of Lading will not be honored. If damage is noted or should occur, all charges owed to Carrier must be paid prior to initiating the claim. Signing the Bill of Lading upon acceptance of delivery without any notation of damage constitutes conclusive evidence that the Consignee has received the vehicle in good condition and that Carrier is relieved of further responsibility.
- Carrier will not be held liable for the following:
- Damage not detected at inspection locations due to poor visibility because of weather, lighting conditions, or vehicles that are received dirty or in “As Is” or Inoperable condition.
- Damage to the undercarriage, lower body panels in vehicles with less than 8” clearance, exhaust systems, suspension, wheel bearings, tie-downs, mechanical functions such as but not limited to: brakes, alignment, tuning, charging systems or batteries as no evaluation is made of these components or systems at pick up or delivery of the vehicle.
- Loss or damage due to mold, vermin, moth, wear and tear and gradual deterioration, termites, rodents, inherent vice or rust.
- Damage caused by leaking fluids such as battery acid, motor oil, transmission fluid, brake fluid, power steering fluid, radiator coolant, or fallout resulting from “acts of God.”
- Damage caused by fluids or objects flying up from the roadway or out of the sky.
- Damage to interior of vehicle such as dashboards, rugs, seats, visors, etc., as interiors of vehicles are not inspected.
- Shipper acknowledges that during shipment of the vehicle any of the above-described damages may occur during transport. Shipper may pay additional fees for enclosed carrier service in the continental United States that may lessen the possibility of transport damage but not eliminate it entirely.
- Shipper acknowledges that all transit times are estimates. Carrier does not guarantee pick up or delivery on specified dates but will make a good faith attempt to meet quoted timeframes. Shipper acknowledges that in the event of any delays, Carrier will not be liable for rental car, hotel stays, or any other claimed expense or consequential damage.
- On standard transportation only, Carrier will provide 10 days of storage free of charge at origin. On the tenth day of storage, charges will begin at $5 per day payable to Martin Transports International.
- At destination – failure of consignee to accept delivery of the vehicle more than 90 days after its arrival shall authorize the carrier or other persons in possession of the vehicle to foreclose its lien on it as provided by the laws of the state where the vehicle is then located.
- Carrier reserves the right to refuse service to persons deemed to exhibit offensive, inappropriate or vulgar language or behavior.
- The parties agree that all actions or proceedings arising in connection with this agreement shall be tried and litigated exclusively in the State or Federal (if permitted by law and a party elects to file an action in federal court) courts located in the county of Los Angeles, CA USA
- Shipper has read and understands the above terms and conditions and will comply.
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