By Owner’s or Agent’s (hereinafter collectively referred to as CUSTOMER) signature or digital confirmation, Provision Auto Ship LLC, (hereinafter referred to as Provision Auto Ship LLC), is hereby authorized to act as the broker of transportation of the vehicle(s) by one or more carriers selected by Provision Auto Ship LLC, (hereinafter referred to as Carrier), from the point of pickup specified to the point of destination. CUSTOMER agrees to allow Provision Auto Ship LLC to act as its agent in dealing with the Carrier and to cooperate with Provision Auto Ship LLC in placing the order with the Carrier. As agent Provision Auto Ship LLC will confirm that said the Carrier is suitably registered, and insured based on information obtained from the FMCSA. Said Carrier will route vehicle(s) from origin to destination by a suitable route and does not agree to any specific routing, method of transport or to meet any schedule of CUSTOMER.
You are allowed to put up to 100 pounds of personal items only in the trunk or back seat of the vehicule. Provision Auto Ship LLC nor Carrier is responsible for damages (either interior or exterior) caused to vehicle(s) by any personal items inside of vehicle(s). Any costs, damages, sit time, or citations issued to Carrier due to or caused by an excess weight of personal items in vehicle(s) will be the sole responsibility of the CUSTOMER. Any delay time, fines, bail, and/or impound fees will be passed along to Customer before the release of the vehicle(s). CUSTOMER verifies the vehicle(s) is/are free of personal items.
CANCELLATIONS AND REFUNDS
Should an order be canceled and cancellation was requested before a carrier is assigned, the CUSTOMER will receive a full refund of any monies paid to Provision Auto Ship LLC. If a carrier has been assigned Provision Auto Ship LLC reserves the right to withhold 50% from the deposit to compensate for processing fees and carrier compensation. If Provision Auto Ship LLC has to RE-ASSIGN another carrier to an order due to CUSTOMER request or inability to contact a CUSTOMER to confirm dispatch, and the CUSTOMER decides to cancel, the full deposit amount will be forfeited irrespective of the time of cancellation. Provision Auto Ship LLC reserves the right at any time to cancel an order and withhold all deposits paid should a CUSTOMER decline dispatch arrangements with an assigned carrier twice or more with no obligation for compensation to CUSTOMER. If the cancellation occurs and the vehicle has been assigned a carrier and Provision Auto Ship LLC has not been given proper notice 48 hours before arranged pickup time, the owner/shipper will not be entitled to a refund of the paid deposit. If a CUSTOMER is unable to release a vehicle once a carrier is at the pickup location, the full deposit will be forfeited. All additional costs incurred by the carrier to pick up the vehicle will be for the account of the owner/shipper. All Refunds will be processed within 30 to 60 days of written notification from CUSTOMER. If no written or email cancellation is received for an order if it is picked up by a carrier other than assigned by Provision Auto Ship LLC, and IF an order is also placed with another company for the same vehicle all claims for refunds will be null and void. Should Provision Auto Ship LLC arrange for pickup by a carrier within the determined time of the shipment option selected and the CUSTOMER declines the dispatch arrangement with the carrier, the terms, and agreement regarding pickup and delivery times become null and void. Provision Auto Ship LLC will then and therefore not be obliged to abide by any prior specified or promised pick-up or delivery expectations and agreements under this contract.
AUTHORITY AND INDEMNITY
Provision Auto Ship LLC is licensed by the Department of Transportation as a broker and does not transport vehicles. Provision Auto Ship LLC only arranges for the transportation of vehicles by Carrier on the CUSTOMER’S behalf. CUSTOMER hereby releases and holds Provision Auto Ship LLC harmless from any claims for negligence, or non-performance by the carrier which includes theft, loss, delivery delays or damage to the vehicle(s) once a vehicle is loaded on the carrier for delivery. CUSTOMER agrees to file any and all claims for damage to vehicle(s) with the Carrier as follows: If there is any claim arising from or related to the transporting and delivery of CUSTOMER’S vehicle(s), any balance due to Carrier must be paid before a claim can be honored. First, CUSTOMER must specifically note any damage to the vehicle(s) on the delivery receipt (Bill of Lading) while Carrier’s driver is still present and before tendering payment of any COD charges. Then, within 10 days of delivery, CUSTOMER must mail a copy of the pick-up and delivery receipt, 2 (two) estimates for repairs from an auto repair shop or car dealer and pictures of the damage to the Carrier. Payment to the driver or signing of the Bill of Lading at the destination without notation of damage, no matter what time of day or night, or type of weather, shall be evidence of satisfactory delivery of vehicle(s) and no further claim can/will be honored by Carrier. CUSTOMER warrants that he will pay the price quoted due on the Shipping Order for delivered vehicles, and will not seek to charge back a credit card or stop a check to offset any dispute for damage claims. The Department of Transportation regulations require that all claims to be filed in writing and all tariffs to be paid in full before a claim can be processed. It is the responsibility of the CUSTOMER to ensure that the vehicle is inspected before it is shipped. Provision Auto Ship LLC will not be held responsible for damage to vehicles that are picked up from locations where no bill of lading was signed upon pickup (ie- from representatives, auctions, co-parts, etc).
Provision Auto Ship LLC will impose extra charges if any vehicle is inoperable, oversized or customized (longer than 16 feet, dual wheels, raised, pickups or vans with camper or racks, etc.) at the time of placing the order. If Provision Auto Ship LLC or the Carrier are not advised of inoperable, oversized, or customized vehicles prior to pick-up, all extra charges will be collected C.O.D. at the time of delivery. An additional fee of up to $500.00 (five hundred dollars) may be added for oversized or customized vehicles. Customer agrees that should his/her vehicle(s) be determined as inoperable at the time of pickup and Provision Auto Ship LLC was not notified of the fact, or if the vehicle becomes inoperative for any reason during the transport, a charge of up to $400.00 (four hundred dollars) may be due and collected COD at time of delivery.
STORAGE AND TERMINAL FEES
If Provision Auto Ship LLC or the Carrier is unable to contact CUSTOMER to notify CUSTOMER by phone of the delivery of vehicle(s) within the agreed upon delivery time, the vehicle(s) will be taken to the closest terminal, at the discretion of the Carrier. All C.O.D.’s, terminal fees, storage fees, additional trucking fees, if any, shall be due and payable to the Carrier in either cash or cashier’s check before the release of vehicle(s) to CUSTOMER. Although Provision Auto Ship LLC or the Carrier will take all necessary steps to ensure reliable storage to CUSTOMER’S vehicle, Provision Auto Ship LLC or the Carrier will not be held liable or accountable for any damage or loss incurred while in storage and negates the damage report as signed on the original bill of lading.
ACCEPTABILITY OF LOCATION
CUSTOMER agrees to cooperate with the Carrier to schedule a reasonable time to load and/or unload the vehicle(s), at a safe and legal place. If, due to weight restriction, steep hills, overhanging trees, narrow streets, cul-de-sacs, and/or other impediments. the Carrier cannot legally or safely pick-up or deliver the vehicle(s) at CUSTOMER’S designated address of pick-up or delivery on a “door-to-door” order, the Carrier may arrange with CUSTOMER to meet the Carrier at a legal and safe pick-up or drop-off point as close as possible to the agreed place of pick-up or drop-off. The assigned Carrier is authorized to drive CUSTOMER’S vehicle no more than 150 miles if it is necessary to facilitate required pickup and/or delivery.
Provision Auto Ship LLC shall use its best efforts to schedule the Carrier to pick up CUSTOMER’S vehicle(s) within the scheduled time. If the Carrier fails to deliver a vehicle within days from the date of promised delivery and the vehicle is not subject to damages and/or insurance claims due to theft or loss, Provision Auto Ship LLC will reimburse CUSTOMER’S rental car charges of up to 20 (twenty) dollars per day, beginning on the 31st day from the date of promised delivery for a maximum of 7 (seven) days. To receive reimbursement, CUSTOMER must send Provision Auto Ship LLC the original paid rental car receipt that indicates the days in use. This guarantee does not apply when an Act of nature, damages to the vehicles or pending insurance settlements due to theft or loss, the public enemy, an authority of law or the wrongful act or default of the CUSTOMER causes delays. Provision Auto Ship LLC will and cannot be held accountable for any other claims regarding default of a carrier to deliver as promised.
PERSONAL VEHICLE INSURANCE
CUSTOMER understands and agrees that, with the exception of insurance deductibles, this vehicle order is subject to the terms and conditions of individual trucking companies used by Provision Auto Ship LLC for shipment. When Provision Auto Ship LLC, Carrier, and its agents are driving the vehicle(s) for purposes of parking, storage or loading/ unloading a truck incidental to the performance of the obligations under this agreement, Provision Auto Ship LLC, Carrier, and its agents shall have the full benefit of any insurance in effect by CUSTOMER on the vehicle.
All fees owed on delivery (C.O.D.) must be paid in either CASH (Preferred) or CASHIER’S CHECK only to the carrier; no other form of payment will be accepted. CUSTOMER is obliged to confirm payment method with the carrier 24 hours before delivery. All credit card charges for deposits will be done through Provision Auto Ship LLC billing division. Deposits and all additional taxes and fees are included in the shipping fee as quoted and ordered.
ENFORCEABILITY OF CONTRACT
If any provision or part of this Agreement is held to be invalid or unenforceable, all other parts of this Agreement remain in effect. The laws of the State of Florida shall govern this Agreement. Any legal action against Provision Auto Ship LLC must be filed in the District or Circuit Court of Santa Rosa County, Florida. BY EXECUTING THIS AGREEMENT, CUSTOMER WAIVES ANY AND ALL RIGHTS TO LITIGATE ELSEWHERE. The prevailing party in any litigation initiated under this agreement shall be entitled to reasonable attorney’s fees and court costs incurred.
The CUSTOMER is responsible for preparing the vehicle for auto transport by doing the following:
The CUSTOMER should completely disarm the alarm system installed in the car and provide the keys to the alarm system.
All toll pay devices should be removed from a vehicle. Provision Auto Ship LLC or the Carrier cannot be held accountable for any toll charges incurred from said devices.
The vehicle must be clean to allow for proper inspection at auto shipping pick up
The customer verifies this vehicle is free of personal items.
The vehicle should carry approximately 25% fuel in its tank at the time of pickup. The Carrier may be required to drive the vehicle to and from the pickup and drop off location. If there is not enough fuel to facilitate this, the CUSTOMER will be billed for fuel charges. Provision Auto Ship LLC or the Carrier cannot be held liable for loss of fuel. The undersigned agrees to the terms of this agreement.
I ______________ sign this document stating I have read and agreed to all of the above in cooperation with Provision Auto Ship LLC. I also agree to comply with the above statements.