1. Customer is the registered legal owner of the vehicle(s) being transported and has 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 the vehicle(s) for transport by removing or properly securing all batteries, loose parts, fragile or protruding accessories, low hanging spoilers,antennas and other similar items. The Customer shall disarm any vehicle alarm system and provide Compass Transport or its assigned carrier with any tools or keys necessary to disarm the system if activated. If the alarm system is activated during the transport of the vehicle, Compass Transport or its assigned carrier may deactivate the alarm system by any means that it or the transport driver deems reasonable and effective. Customer releases any claims for damages that are caused by Customer’s failure to fulfill these obligations.
3. Customer shall remove all detachable personal belongings from the vehicle(s). Compass Transport may impose additional fees, at its sole discretion, for the transport of contents left in a vehicle. In no event, however, will Compass Transport be responsible for the safe transport of any such contents.
4. Customer or his agent, who has been identified in writing to Compass Transport, shall be present at the point of pickup and delivery. If Customer or its authorized agent is not present for any reason, the vehicle(s) will be placed in storage, at customer’s expense.
5. All delivery dates are estimates only. Compass Transport does not agree or commit to transport the vehicle(s) in time for any particular date or event and will not be responsible for any loss or damage resulting from any delay. NO EXPRESS OR IMPLIED WARRANTIES ARE MADE WITH RESPECT TO DELIVERY TIMES OR DATES.
6. Compass Transport may, at its sole discretion, subcontract its obligations hereunder.
7. Customer authorizes Compass Transport, 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 vehicle that shall extend to Compass Transport’s transportion of the vehicle. Customer may be required to provide proof of insurance on the vehicle(s) to Compass Transport and will keep in force such insurance until transport of the vehicle is complete.
8. IN NO EVENT SHALL COMPASS TRANSPORT, ITS SUBCONTRACTORS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DAMAGES EXCEPT FOR DAMAGES TO VEHICLES ACTUALLY TRANSPORTED AND ONLY TO THE EXTENT SUCH DAMAGES WERE CAUSED BY Compass Transport’s GROSS NEGLIGENCE OR INTENTIONAL CONDUCT. Customer specifically agrees and hereby waives any other claims against Compass Transport 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 and/or cooling system antifreeze solution; 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 vehicle boots, caps, masks, 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 vehicle’s age or condition; damage that is undetectable due to the vehicle’s dirty condition at the time of pickup; or damage caused as a result of acts of God or other Force Majeure events. ADDITIONALLY, COMPASS TRANSPORT WILL NOT PROVIDE REIMBURSEMENT FOR AUTO RENTAL FEES RESULTING FROM DELAY, DAMAGE, OR ACCIDENT. FURTHERMORE, Compass Transport WILL NOT BE RESPONSIBLE FOR DEPRECIATED VALUE RESULTING FROM DAMAGES OR DELAYS.
9. Customer shall identify any damage to any vehicle(s) by noting the 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 Compass Transport or its subcontractor within 2 days of delivery, or, in case of failure of 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 a timely written claim. Compass Transport 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 COMPASS TRANSPORT BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
10. Payment is made in full by Customer to Compass Transport upon assigning/dispatching to a driver for pick-up of the vehicle(s). Customer may cancel the order for a full refund any time prior to Compass Transport scheduling a carrier for pick-up. Once customer is provided a scheduled pick-up date for their vehicle(s), they may still cancel prior to pick-up for a full refund less $250.00 per vehicle assigned for pick up.
11. Additional fees relating to the operable condition of the transported vehicle(s). An inoperable fee of $100.00 may be assessed and added to the cost of transport if the vehicle(s) ordered for transport is inoperable but does have keys, rolls and is accessible to the carrier. If the vehicle(s) is deemed inoperable and does not roll (i.e.--missing wheels or keys or is inaccessible by the carrier) a higher fee may be assessed as determined by the carrier and shall cover any other charges incurred to accomplish delivery, including, but not limited to wreckers, forklifts, roll-backs, and flatbeds. If vehicle(s) rendered for shipment becomes inoperable during transit, as a result of conditions beyond the control of the carrier, then the inoperable fee may be applied to the order.
12. Customer shall defend, indemnify and hold Compass Transport and its subcontractor harmless from any cost, expense, damage, loss and claim, including any third party property or personal injury claim, arising out of or related to Customer’s breach of any warranty or obligation hereunder.
13. Performance under this contract shall be excused to the extent such performance is prevented by 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.
14. 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 Compass Transport and Customer and may not be changed except when in writing by an officer of Compass Transport.
15. This Agreement shall be governed by and construed in accordance with laws of the state of Texas. The parties further agree that any legal action arising out of this agreement shall be filed in a court of competent jurisdiction within Harris County, Texas. Customer hereby submits to the jurisdiction of such courts and waives any and all defenses based on lack of personal jurisdiction.