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, antennae and other similar items. The Customer shall disarm any vehicle alarm system and provide I Ship 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, I Ship 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). I Ship may impose additional fees, at its sole discretion, for the transport of contents left in a vehicle. In no event, however, will I Ship be responsible for the safe transport of any such contents.
4. Customer or his agent, who has been identified in writing to I Ship, 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. I Ship 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. I Ship may, at its sole discretion, subcontract its obligations hereunder.
7. Customer authorizes I Ship, 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 I Ship’s operation of the vehicle. Customer may be required to provide proof of insurance on the vehicle(s) to I Ship and will keep in force such insurance until transport of the vehicle is complete.
8. IN NO EVENT SHALL I SHIP, 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 I Ship’s GROSS NEGLIGENCE OR INTENTIONAL CONDUCT. Customer specifically agrees and hereby waives any other claims against I Ship 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. I Ship shall not be liable for missing navigation disk, additional keys, floor mats or other removable equipment. ADDITIONALLY, I SHIP WILL NOT PROVIDE REIMBURSEMENT FOR AUTO RENTAL FEES RESULTING FROM DELAY, DAMAGE, OR ACCIDENT. FUTHERMORE, I Ship 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 I Ship 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. I Ship 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 I SHIP BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
10. Payment is made in full by Customer prior to I Ship arranging for pick-up of the vehicle(s). Customer may cancel the order for a full refund any time prior to I Ship scheduling a carrier for pick-up. Once vehicle is scheduled for pick-up and prior to actually being picked up, customer may still cancel for a full refund less $250.
11. Additional fees relating to the operable condition of the transported vehicle(s). An inoperable fee of $150 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-back’s, 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 I Ship 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 I Ship and Customer and may not be changed except when in writing by an officer of I Ship.
15. This Agreement shall be governed by and construed in accordance with laws of the state of Florida. The parties further agree that any legal action arising out of this agreement shall be filed in a court of competent jurisdiction within Florida, USA. Customer hereby submits to the jurisdiction of such courts and waives any and all defenses based on lack of personal jurisdiction.