ETS Transport, LLC.
PO BOX 2 – Hector, NY 14841
Terms and Conditions
1. Owner or Owner’s Agent warrants that he/she is the registered legal owner of the vehicle(s), or that the legal owner has duly authorized he/she to enter into this Agreement.
2. The vehicle(s) will be transported by one of our trucks or our trucking affiliates, who shall be referred to herein as “Carrier”. Owner agrees to allow ETS Transport LLC., to act as its agent in dealing with the Carrier to exercise its efforts on Owner’s behalf in placing the order with the Carrier they deem fit. Said Carrier will route vehicle(s) from origin to destination by a suitable route and does not agree to any specific-routing. The Carrier is authorized by Owner to operate and transport Owner’s vehicle(s) between its pick-up and destination set forth on this shipping contract.
3. Owner shall authorize someone to act as their agent at the pick-up and delivery destination if they are not available. Any claim for damage(s) must be noted on the Bill of Lading at the time of delivery. A claim for damage not documented on the Bill of Lading will not be honored. Pursuant to Federal Highway Administration law, any claim for damage(s) must be taken up directly with the trucking company to whom ETS Transport LLC., brokered the shipment. The claim must be submitted to the Carrier within fifteen (15) days of delivery, in writing, specifying damage claimed. The claim must be accompanied by two (2) written estimates for repair and photographs of claimed damage as well as a signed copy of the Bill of Lading where the damage was documented upon delivery. Digital photos are accepted. If there is any damage, liability for same lies solely with the trucking company, not ETS Transport LLC., ETS Transport LLC., will furnish Owner/Agent with the name, address and phone number of the trucking company used for transport and will assist in providing any other necessary information should a claim arise.
4. ETS Transport LLC., agrees to make all efforts possible to provide the most expedient shipment of described vehicle(s) insofar as they will not compromise its standard of safety or quality. Owner/Agent and ETS Transport LLC., understand that any shipment may be delayed due to mechanical failure, adverse weather or road conditions, driver illness, supply and demand for trucks, drivers, etc. Delivery time is an estimate with no guarantee expressed or implied by ETS Transport LLC.
5. In the event that there are any problems regarding transport of the vehicle(s), all outstanding freight charges must be paid without deductions. Owner/Agent agrees to inspect their vehicle(s) upon delivery and note any damage claimed on the Bill of Lading while the driver is making the delivery. Owner warrants that he/she will pay all charges due ETS Transport LLC., for delivered vehicle(s) and will not seek to invalidate credit card charges or stop payment on a check to offset and dispute damage claims. D.O.T. regulations require that all tariffs be paid in full before a claim can be processed.
6. The Carrier transporting the vehicle(s) shall be liable for any and all damage claims arising from the transport. Owner agrees to file all claims with such Carrier as identified on the Bill of Lading/delivery receipt and to bring any legal action for damages against such Carrier only. Owner agrees to release and hold harmless ETS Transport LLC., from any such claims. All Carriers hired for transport have insurance on file with ETS Transport LLC. ETS Transport LLC., will not honor car rental for autos that are delayed or in the process of being repaired due to damage that occurred while in transit.
7. Any legal action against ETS Transport LLC., must be filed in the Superior Court of New York in Schuyler County. By executing this agreement, Owner 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.
8. Pick-up and delivery is door to door unless residential area restrictions apply, such as weight restrictions, overhanging trees, steep hills, cul-de-sacs, speed bumps or the maneuverability of the truck is restricted. ETS Transport LLC., agrees to provide a Carrier to pick-up and deliver your vehicle(s) as promptly as possible in accordance with your instructions.
9. Carrier will attempt to notify Owner/Agent of delivery of vehicle(s) 12-24 hours prior to the actual delivery. Owner must provide complete and correct pick-up and delivery information at the time the order is booked. Should any of this information change prior to pick-up or delivery, ETS Transport LLC., must be notified at least 48 hours prior to pick-up or delivery. In the event this information is not relayed to our office and Carrier attempts a pick-up or drop off, the Owner will be responsible for paying for any dry run and/or re-delivery charges.
10. If your vehicle(s) is inoperable or oversized (longer than 16 feet, taller than 7 feet, has dual wheels, racks, etc.), please inquire as to extra charges. If ETS Transport LLC., or the Carrier is not advised of inoperable or oversized vehicle(s) prior to pick-up, all extra charges will be added as C.O.D. charges at time of delivery. An additional fee of up to $200.00 will be added for inoperative vehicle(s). An additional fee of up to $300.00 will be added for oversized vehicle(s). Owner/Agent is responsible for damage to any vehicle(s) that cannot be driven on or off the transporter under its own power. Brakes must be in good working condition.
11. Carrier is not liable for damage caused to vehicle(s) from excessive or improper loading of personal items. CARRIER IS NOT LICENSED TO CARRY HOUSEHOLD GOODS OR PERSONAL ITEMS AND WILL NOT BE RESPONSIBLE FOR ANY LOSS OR CITATIONS AS A RESULT OF EXCESSIVE WEIGHT IN VEHICLE (S). CARRIER WILL NOT BE RESPONSIBLE FOR LOSS OR DAMAGE TO PERSONAL BELONGINGS INCLUDING, WITHOUT LIMITATION, ANY PERSONAL PROPERTY WHICH IS NOT FACTORY INSTALLED, THAT ARE NOT A PART OF THE VEHICLE (S). Any costs, damages, sit time or citations issued to Carrier due to or caused by excess weight of vehicle(s) or personal items in vehicle will be the sole responsibility of Owner. An additional fee may be added if personal items are left in vehicle(s), based on weight of such items. Carrier reserves the right to charge an additional fee for any personal items and excessive packing of vehicle.
12. THE FOLLOWING ITEMS ARE NOT TO BE IN THE VEHICLE (S) AT TIME OF SHIPMENT: EXPLOSIVES, GUNS, AMMUNITION, FLAMMABLE PRODUCTS, NARCOTICS, NEGOTIABLE AND LEGAL PAPERS, ALCOHOLIC BEVERAGES, JEWELRY, OTHER ARTICLES OF UNUSUAL VALUE, LIVE PETS, PLANTS OR CONTRABAND.
13. Prior to shipment, ETS Transport LLC., shall have the right to refuse to ship Owner’s vehicle(s). In such case, ETS Transport LLC., shall return to Owner any payment already made by Owner.
14. Should order be canceled by Owner/Agent LESS THAN 48 hours prior to the first pick up date (for ANY reason) we will then charge a $150 fee. (special circumstances may apply on a case by case basis).
15. Carrier will not knowingly transport any uninsured vehicle(s). If vehicle(s) is not insured and Owner fails to notify Carrier of such, Carrier is not held responsible for any claims made against the Owner by third parties.
16. If vehicle(s) is vandalized either during shipment or while awaiting shipment, Carrier will not be responsible, Owner will have to submit claim to his/her own insurance or absorb the loss if there is no insurance.
The carrier will not be responsible for any damage not resulting from transporter negligence.
ALL VEHICLES ARE INSURED BY THE CARRIER WITH NO DEDUCTIBLES EXCEPT AS NOTED BELOW: NOTE: ETS Transport LLC., AND THE CARRIER WILL NOT BE LIABLE FOR THE FOLLOWING:
1. Damage caused by leaking fluids, battery acids, cooling system, brake systems, antifreeze solutions, rock chips, minor chips or scratches caused by highway gravel or low hanging trees, industrial fall-outs and acts of God.
2. Articles left in vehicle.
3. Owner is responsible for preparing vehicle for shipment. All loose parts, fragile or protruding accessories (i.e., non-retractable antennas including car phone antennas), low hanging spoilers, running boards, hub cups, license plates, etc. must be removed and/or properly secured. Any part of the vehicle that falls off in transit is the customer’s responsibility, including damages to all vehicles involved.
4. Owner is responsible for completely disarming any alarm systems installed in the vehicle. The customer must provide keys to the alarm system. In the event the car alarm sounds, the transporter is required to silence the alarm by any means the transport driver deems reasonable and effective.
5. Mechanical function damages to include engine, transmission, rear end, motor mounts, drive trains, exhaust assembly, mufflers, tailpipes, undercarriage, brake systems, clutch or clutch cable, wiring systems, cooling systems, window/mirror motors, radios, stereo systems, alarm systems, airbags, steering, any switch, alignment, suspension, etc., (anything that is mechanical or electrical).
6. Damage that results to the vehicle from vibration not limited to but including broken or cracked glass.
7. Damage that results to the vehicle from tie downs breaking or tearing. The tie downs referenced are not the straps/chains the driver uses to secure the vehicle to the trailer.
8. Defective or insufficient brakes, parking brakes, or parking gear.
9. Damage caused by freezing of cooling system, engine and/or batteries.
10. Windshields that crack due to previous existing chips or extreme changes in weather conditions.
11. Convertible tops that are loose, torn or have visible wear, any type of T-top due to body flex or other type of damage. The transporter and ETS Transport LLC., will not be responsible for vehicle boots, caps, masks, bras or any other type of canvas or material covering.
*Signing the Bill of Lading at destination without notification of damage shall be evidence of satisfactory delivery of vehicle regardless of time of day or dirty condition of vehicle.
I HAVE READ THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM AS AN INTEGRAL PART OF THIS SHIPPING ORDER AND THE TERMS OF THIS AGREEMENT.
DAMAGES MUST BE NOTED ON DELIVERY RECEIPT UPON DELIVERY. NO EXCEPTIONS.