1. Viceroy Auto Trans is a registered and bonded property broker (MC#956554) This agreement is
between the customer, (hereinafter referred to as Customer), Viceroy Auto Trans, (hereinafter referred
to as Broker) and Carrier Company (hereinafter referred to as Carrier). Customer allows Broker to
contract with a licensed and insured Carrier(s) to transport the vehicle(s) described in the shipping
order. This agreement and any shipment here under is subject to all terms and conditions of Broker.
This agreement supersedes all prior written or oral representation of Broker and constitutes the entire
agreement between Customer and Viceroy Auto Trans and may not be changed except in writing and
signed by an officer of Viceroy Auto Trans.
2. Carrier will pick up and deliver as close to your door as legally and as safely as possible. A mutually agreeable place to load or unload may be necessary because of low hanging trees, low hanging wires, narrow streets, residential area restrictions, etc...
3. Broker shall provide Customer with an estimated pick up and estimated delivery date. However, delays may occur prior to, and/or during transport due to weather, road conditions, carrier mechanical problems, etc.. There are absolutely no guarantees regarding pick-up or delivery times and dates. Broker shall not be held responsible for loss or damages occasioned by delays of any kind or for any reason, car rental fees or any accommodation fees. Broker shall not be held liable for failure of mechanical or operating parts of your vehicle.
4. Customer must prepare vehicle for transport. All loose parts, fragile accessories, low hangingspoilers, etc. must be removed or secured. Shipper shall remove all non-permanent outside mounted luggage, bike racks and other racks prior to shipment. Vehicles must be tendered to carrier in good running condition (unless otherwise noted). Any part of the vehicle that falls off during transport is the Customers responsibility including damages caused by said part to any vehicles(s) and/or person involved.
5. Customer must disarm any alarm system installed in the vehicle or provide proper instructions for this matter. In the event said alarm sounds and there are no keys or instructions to turn it off, carrier may silence alarm by any means.
6. Luggage and personal property must be confined in trunk only, with no heavy articles, and not to exceed 100 lbs.. Broker or Carrier is not liable for personal items left in vehicle, nor for damage caused to vehicle from excessive or improper loading of personal items. No personal property shall be transported in customer's vehicle(s) that includes but is not limited to Explosives, Guns, Ammunition, Flammable Products, Narcotics, Negotiable and Legal Papers, Alcoholic Beverages, Jewelry, Furs, Money, Live Pets, Live Plants or any unlawful contraband. Customer agrees that Viceroy Auto Trans may confiscate or dispose of said items with no remuneration. Broker or Driver will not be held responsible for delivery of personal property. If Customer wishes to put items in the vehicle he does so at his own risk.
7. International orders, the car must be empty except for factory installed equipment. Indicate serial #, and give car's approximate value in U.S. dollars. Shipper is responsible for the proper customs paperwork (ask the assigned carrier for help with these documents).
8. If the vehicle is inoperable or oversize (dual or oversize wheels, extra-large, racks, lifted, limo, etc.), inoperable fee is $200.00. Customer must inquire as to extra charges for lifted or modified vehicles. If Broker is not advised of inoperable or over-sized / modified vehicles prior to pick-up, there can be additional charges. If theassigned carrier is unable to load due to size issues, a no load fee of $150.00 can be charged.
9. Once a carrier has been assigned to pick up and transport Customers vehicle Broker will contact customer to confirm schedule via phone or email (the email address provided in your car shipping order). After confirmation, Carriers contact info will be sent via email.
10. If the Customer cancels his order, prior to the assignment of a Carrier, the order will be cancelled atno charge. However, if the Customer decides to cancel the order after a Carrier has been assigned (see Paragraph 8 of how we notify Customer) the reservation will NOT be refunded. Broker has the right to cancel any order at any time for any reason.
11. Customer understands that ANY Exotic, Restored, Classic, Antique, Vintage, Specialty, Custom or such related vehicle may be excluded under the carriers standard cargo insurance policy. It is the Customers FULL responsibility to obtain their own ''binder'' policy for such vehicle during transport to ensure proper coverage. Broker does not offer ANY Cargo or Liability coverage.
12. On pick up, Customer and Carrier will carefully inspect the vehicle for pre-existing damage (exterior only) by completing a vehicle inspection report. The Carrier and Customer will both acknowledge the condition of the vehicle and Customer will sign and receive a copy of the bill of lading. At the time of delivery, Customer and Carrier will carefully inspect the vehicle for transportation damages. The Carrier and Customer will both acknowledge the condition of the vehicle and Customer will sign and receive a final copy of the bill of lading. From the time of pick up, until delivery, Customer agrees to carry their own full coverage insurance on vehicle from the time of pick up until delivery, in the event the carriers insurance denies coverage for loss or damage, customer shall file a claim with their own insurance and not hold Broker liable.
13. In any event, Broker will not be responsible for ANY damage or loss to you, involved parties, or the vehicle during transport. The Carrier actually Transporting the vehicle shall be liable for any and all damage arising from the transport. Shipper agrees to file all claims with the carrier as identified on the bill of lading / vehicle inspection report, and bring any legal action for damage against carrier ONLY. Shipper agrees to release and hold Broker harmless of ANY such loss or claims. Limitations of Broker liability in connection with the vehicle is limited to the lessor of your actual damage or actual cash value of the vehicle or $50,000. All damage must be noted in the proper place on the Carriers Bill of lading and signed by the Customer, regardless of weather or time of day. Signing the Carriers bill of lading or inspection report without notation of any damage verifies that Customer has received vehicle(s) in satisfactory condition. All claims must be submitted in writing to Broker and/or Carrier within 24 hours of delivery. Broker will share the carrier insurance policy upon request. Department of Transportation regulations require that all claims be filed in writing and all tariffs be paid in full before claim can be processed. If for any reason the Carriers insurance denies coverage, Customer will file a claim for damages or loss with their own insurance and not hold Broker liable.
14. Carrier accepts FULL responsibility of vehicle after pre-inspection is done and is signed by the Customer. Carrier responsibility will end when the vehicle is delivered and Customer signs final inspection.
15. Broker will not be responsible for damage caused by acts of God, hail or storm damage, or damage resulting from worn/broken parts of vehicle/item.
16. The Customer shall, in their absence, designate a person to act as their agent at the point of pick up
and/or delivery, if for any reason they are unavailable.
17. Customer warrants that he/she will pay the total transportation price/reservation due to Broker (subtracted from total). Customer will not seek to charge back a credit card or stop payment to offset any dispute for damage claims and/or delays etc caused by Carrier. It is the Customer‘s responsibility to have any payment due when the Carrier arrives. All payments for Carrier must be in the form of Cash, Cashier’s check or Money order. Certified funds must be made payable to the delivering Carrier and not – Broker Viceroy Auto Trans. Personal checks or credit cards will NOT be accepted for the remaining balance - unless agreed from Carrier and put in writing by Broker. The Customer agrees that if the payment cannot be made by these methods, the vehicle/item will be stored at the Customer‘s expense until Customer pays in full for all transport charges. Should the Customer be unable to accept delivery for any reason, the vehicle/item will be placed in storage. Any and all storage and delivery charges will be the responsibility of the Customer.
18. This Agreement shall be construed and interpreted in accordance with the laws of the State ofFlorida. The Parties agree that any dispute regarding the terms or conditions hereunder shall be venued in Florida, and the Parties consent to personal jurisdiction and venue before any court of competent subject matter jurisdiction, whether federal or state, in Broward County, Florida. The prevailing party in any litigation, arbitration or mediation relating to this agreement shall be entitled to recover its reasonable attorney’s fees and costs from the other party for all matters, including but not limited to appeals.