1. Customer is the registered legal owner of the vehicle(s) 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, antennas and other similar items. The Customer shall disarm any vehicle alarm system and provide Big Discount Auto Movers with any tools or keys necessary to disarm the system if activated. If the alarm system is activated during the transport of the vehicle, Big Discount Auto Movers 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. We require a deposit in order to complete the order process. However, we NEVER charge a credit card or accept funds until the vehicle has been scheduled. If you choose to cancel the order and the vehicle has not been scheduled, there is no charge. If the vehicle has been scheduled and you cancel at any time, your deposit is not refunded. No Exceptions
4. Customer shall remove all detachable personal belongings from the vehicle(s). Big Discount Auto Movers may impose additional fees, in its sole discretion, for the transport of contents left in a vehicle. In no event, however, will Big Discount Auto Movers be responsible for the safe transport of any such contents.
5. Customer or his agent, who has been identified in writing to Big Discount Auto Movers, shall be present at the point of pick-up or delivery. If Customer or its authorized agent is not present for any reason, the vehicle(s) will be placed in storage, at Customer’s cost.
6. All delivery dates and times are only estimates. Big Discount Auto Movers does not agree to transport the vehicle(s) in time for any particular market 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.
7. Big Discount Auto Movers may, in its sole discretion, subcontract its obligations hereunder. In such event, subcontractor shall be solely responsible for all obligations to Customer. Customer shall file all claims with the subcontractor identified on the Bill of Lading and hereby releases Big Discount Auto Movers from any and all claims arising out of or related to any actions or inactions of the subcontractor.
8. IN NO EVENT SHALL BIG DISCOUNT AUTO MOVERS, 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 BIG DISCOUNT AUTO MOVERS GROSS NEGLIGENCE OR INTENTIONAL CONDUCT. Customer specifically agrees and hereby waives any other claims against Big Discount Auto Movers 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 anti-freeze solution; industrial fall-out; 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 pick-up; or damage caused as a result of acts of God or other Force Majeure events. ADDITIONALLY, BIG DISCOUNT AUTO MOVERS WILL NOT PROVIDE REIMBURSEMENT FOR AUTO RENTAL FEES RESULTING FROM DELAY, DAMAGE, OR ACCIDENT.
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 Big Discount Auto Movers or its subcontractor within 15 days of delivery, or, in case of failure of delivery, within 15 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. Big Discount Auto Movers 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 BIG DISCOUNT AUTO MOVERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
10. The entire amount of the transport charge is due and payable without discount upon tender of the vehicle(s) regardless of the loss of, or damage to, the vehicle(s) at any stage of the transport. An additional charge of $200 will be assessed if the vehicle becomes inoperative for any reason during the transport.
11. Customer and/or its agent are jointly and severally liable for any and all unpaid charges including, but not limited to sums advanced or disbursed by Big Discount Auto Movers or its subcontractor and any and all cost of collection, including costs and reasonable attorney fees. Unless the order has been prepaid or Big Discount Auto Movers has otherwise agreed in writing, Customer shall pay all COD amounts, including any additional charges, in cash or certified funds. Big Discount Auto Movers will have a lien on the vehicle(s) for any charges that remain unpaid and any such lien will survive the delivery of the vehicles.
12. Customer shall defend, indemnify and hold Big Discount Auto Movers 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 Big Discount Auto Movers and Customer and may not be changed except when in writing by an officer of Big Discount Auto Movers.
