The
following is a contract between the broker, Cosmos Auto Inc., herein
referred to as Broker and the customer herein referred to as Customer.
The Carrier (subcontractor) will be referred to as Cosmos' agent.
Customer warrants that it is the
registered legal owner of the vehicle, or that it has been authorized by legal
owners to enter into this Agreement. Customer agrees to pay the
price quoted for delivered vehicle(s), including all COD amounts and any
additional charges initially agreed upon.COD's must be paid in cash, cashiers check or money order.
Customer
shall
inform Cosmos Auto Inc. if the vehicle is inoperable (unable to be driven under
its own power) or oversized (lift kit, oversized tires, dually, etc.).If carrier is not informed prior to pick-up,
all extra charges must be paid prior to delivery.The Customer shall prepare the vehicle
for shipment including all non-permanent outside mounted luggage and other
racks prior to shipment.No vehicle
shall contain more than 1/4 tank of fuel to adhere to U.S. D.O.T. safety
regulations.
Broker
and its agent
will not be liable for damage caused by leaking fluids, freezing, or antennas
not tied down. Inspection of mechanical functions, exhaust systems, alignment,
suspension or tuning of engine are not practical at time of shipment.Broker and its agent shall not be
liable for damages not caused by their negligence, including: damages caused by
mechanical malfunctions; defective or insufficient brakes, parking brake or
parking gear; overloaded vehicles; acts of God; damage caused by tie downs that
break or tear due to vehicle's age or conditions; any damages caused by the
loading or unloading of inoperable and low profilevehicles; any convertible tops that are
loose, torn, or have visible wear, bras, or any other type of canvas or
material covering; damage that is undetectable due to vehicle's dirty condition
at the time of pickup. If the vehicle
shall become inoperable during transport an additional $100 will be charged to
the customer.
Cosmos
Auto Inc. does not agree to transport the vehicle on any particular truck, nor
in time for any particular event, due to possible delays caused by weather,
road conditions, mechanical problems, etc. Cosmos' agent shall use its
best efforts to deliver the vehicle within estimated time, however because
unforeseeable factors previously mentioned could delay delivery beyond the
estimated time. Broker and it's agent does not
guarantee the date or time of pick up and/or delivery.
Vehicle
should be free of any personal or household items. Broker and its agents are
not responsible for personal items left in vehicle, nor
for damage caused to the vehicle from excessive or improper loading of personal
items.The following items are not
allowed to be in the vehicle at time of shipment: electronic equipment,
valuables, plants, pets, alcohol, drugs, firearms, explosives, ammunition,
flammables, jewelry, furs, money or contraband.
All
vehicles going to/from Hawaii/Alaska must be completely empty of all items
inside the vehicle or trunk. Maximum of 1/4 tank
of
fuel is allowed, no cracked windshield, no broker seats, parking brake must
work, vehicle must be clean for inspection. Maximum height allowed is 7 feet.
If shipping from Hawaii
you must have a current registration and title or a letter from your financing
company stating that it's ok for the vehicle to be taken off the island. The
navigation companies we use do reinforce those rules.
In
case the owner or its agents are unavailable and/or unreachable on or 24 hours
prior to the delivery scheduled date, storage and a redelivery charge will be
assessed.Customer shall pay any
and all costs, including storage, towing and additional delivery costs incurred
as a result of Customer's breach of any warranty or obligation under
this Agreement.Customer
agrees to hold Broker and its agent harmless of any costs, expenses,
damages, losses and claims caused by Customer's breach of any warranty
or obligations under this Agreement. Customer shall not be entitled to refunds for services
rendered.Auto rental accruals will not
be honored.
The
vehicle will be covered by the Carriers' cargo insurance up to the
vehicle's market value. Any claim for
loss or damage must be noted and signed on the condition report at time of
delivery.Signing the agent's bill of
lading at destination without notation of damages shall be evidence of
satisfactory delivery of the vehicle. Any claim of damages caused by assigned Carrier must be made
within 5 (five) days of delivery and must be reported to that designated Carrier.
Customer will not seek to charge back a credit card or stop a check to
offset any dispute for damage claim.
Customer has the option to cancel at any time prior to the vehicle
being assigned to a transporter at no cost to the Customer. If the
vehicle is assigned to a transporter before Customer cancels, Broker
will charge Customer the amount of $50 (fifty).
This
supersedes all prior written and oral representation of Broker and
constitutes the entire agreement between Customer and Broker
and may not be changed except in writing signed by an officer of Broker.
