Shipping Contract Terms and Conditions
1. By Owner's or Agent's (hereinafter collectively referred to as Customer)
signature or digital confirmation , Victory Auto Transport, (hereinafter referred to as
Victory Auto Transport), is hereby authorized to act as the broker of transportation of
the vehicle(s) by one or more carriers selected by Victory Auto Transport, (hereinafter
referred to as Carrier), from the point of pickup specified to the point of
destination. Customer agrees to allow Victory Auto Transport to act as its agent in
dealing with the Carrier, and to cooperate with Victory Auto Transport in placing the
order with Carrier. As agent Victory Auto Transport will confirm that said carrier is
suitably registered, bonded 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 or to meet any
schedule of Customer.
2. Victory Auto Transport and Carrier are not licensed or insured to carry household
goods or personal items. Absolutely NO personal items can be transported in
vehicle(s). Neither Victory Auto Transport 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 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 release of vehicle(s). Customer verifies
the vehicle(s) is/are free of personal items.
3. Under the Economy Standby Shipment, after Customer's order has been
accepted by Victory Auto Transport, Victory Auto Transport will schedule Carrier to pick up the
vehicle(s) no later than 10 work days, Monday to Friday after the "Vehicle
Availability date" as indicated on the shipping order confirmation form. If the
vehicle is not picked up in the specified pickup time, Victory Auto Transport will cancel
upon request, the shipment and issue a deposit refund or customer may continue
the shipment with Victory Auto Transport and Victory Auto Transport adding $50 towards the amount
paid to the driver in order to help expedite shipment. If necessary customer has
the choice of upgrading the order to a priority pickup for expedited shipping
for an additional $200.00 over and above the original shipping rate. These dates
are subject to normal weather conditions and may differ pending the holiday
periods.
4. Under the Priority Preferred Shipment after Customer's order has been
accepted by Victory Auto Transport, Victory Auto Transport will schedule Carrier to pick up the
vehicle(s) no later than two full work days after the "Vehicle Availability
date" as indicated on the shipping order confirmation form or calculated from
the day after the order is placed. If the vehicle is not picked up in the
specified pickup time, Victory Auto Transport will cancel upon request, the shipment and
issue a deposit refund or customer may continue the shipment with a $100.00
added to the carrier pay from Victory Auto Transport's account at Customer's option. These
dates are subject to normal weather conditions and may differ pending the
holiday periods.
5. Under the Select Shipment after Customer's order has been accepted by
Victory Auto Transport, Victory Auto Transport will schedule a Preferred Carrier to pick up the
vehicle(s) no later than one full work day after the "Vehicle Availability date"
or calculated from the first day after the order is placed, as well deliver the
vehicle on the preferred date as indicated on the shipping order. The delivery
date will be confirmed with the carrier within the parameters of the following
reasonable time frames.
Coast to coast, 7 to 10 days
North to South 5 to 7 days
Diagonal NE to SW 10 to 15 days
If the vehicle is not picked up in the specified pickup time and/or delivered on
the preferred date, Victory Auto Transport will cancel upon request, the shipment and
issue a deposit refund or customer may continue the shipment with a $200.00
added to the carrier pay from Victory Auto Transport's account at Customer's option. These
dates are subject to normal weather conditions and may differ pending the
holiday periods.
6. Should an order be cancelled and cancellation was requested before a
carrier is assigned, the customer will receive a full refund of deposit. If a
carrier has been assigned Victory Auto Transport reserves the right to withhold $50 from
the deposit to compensate for processing fees. If the cancellation occurs and
vehicle has been assigned a truck and Victory Auto Transport 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. All additional costs incurred by the
carrier to pick up the vehicle will be for the account of the owner/shipper.
Refunds will be processed within 10 days of written notification from customer,
which is due within 15 days of cancellation. After which all claims for refunds
will be null and void.
7. Victory Auto Transport is licensed by the Department of Transportation as a broker
and does not transport vehicles. Victory Auto Transport only arranges for the
transportation of vehicles by Carrier on the customer’s behalf. Customer hereby
releases and holds Victory Auto Transport harmless from any claims for negligence, or
non-performance by the carrier which includes theft, loss, delivery delays or
damage to 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 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. Department of
Transportation regulations require that all claims be filed in writing and all
tariffs 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. Victory Auto Transport will not be held responsible for damage for vehicles
that are picked up from locations where no bill of lading was signed upon pickup
(ie- from representatives, auctions, coparts, etc).
8. Victory Auto Transport 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.). If Victory Auto Transport or Carrier are not advised of
inoperable, oversized, or customized vehicles prior to pickup, all extra charges
will be collected C.O.D. at the time of delivery. An additional fee of up to
$300.00 (three hundred dollars) may be added for oversized or customized
vehicles. Customer agrees that should his vehicle(s) become inoperative for any
reason during the transport, a charge of $200.00 (two hundred dollars) will be
collected COD at time of delivery.
9. If, Carrier is unable to notify Customer by phone of the delivery of
vehicle(s), the vehicle(s) will be taken to 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 release of vehicle(s) to Customer.
10. Customer agrees to cooperate with 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, Carrier may arrange with Customer to meet 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.
11. Victory Auto Transport shall use its best efforts to schedule Carrier to pick up
Customer's vehicle(s) within the scheduled time. If Carrier fails to deliver
your car within 30 days from the date of pick up and the vehicle is not subject
to damages and/or insurance claims due to theft or loss, Victory Auto Transport will
reimburse Customer's rental car charges of up to 20 (twenty) dollars per day,
beginning with the 31st day from the date of pickup for a maximum of 7 (seven)
days. To receive reimbursement, Customer must send Victory Auto Transport the original
paid rental car receipt that indicates the days in use. This guarantee does not
apply when an Act of God, 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. Victory Auto Transport will and
cannot be held accountable for any other claims regarding default of a carrier
to deliver as promised.
12. 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 Victory Auto Transport for shipment. When
Victory Auto Transport, 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, Victory Auto Transport, Carrier, and its agents
shall have the full benefit of any insurance in effect by Customer on the
vehicle.
13. All fees owed on delivery (C.O.D.) must be paid in either CASH or
CASHIER'S CHECK only to the carrier; no other form of payment will be accepted.
All credit card charges for deposits will be done through Victory Auto Transport billing
division. Deposits and all additional taxes and fees are included in the
shipping fee as quoted and ordered.
14. This agreement supersedes all prior written or oral representation of
Victory Auto Transport and constitutes the entire agreement between Customer and
Victory Auto Transport and may not be changed except in writing by an officer of
.
15. 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 Texas shall govern this Agreement. Any legal action against
Victory Auto Transport must be filed in the District or Circuit Court of Harris County,
Houston Texas. 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.
16. The customer is responsible for preparing the vehicle for auto transport
by doing the following:
Customer should completely disarm the alarm system installed in the car and
provide the keys to the alarm system.
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.
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