Terms & Conditions
Customer is the registered legal owner of the vehicle(s) and has the authority to enter into this agreement or has been duly authorized by the legal owner(s) of the vehicle(s) to enter into this agreement.
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. Any part of the vehicle that falls off during transport is the customer's responsibility including damages caused by said part to any other vehicles involved. The customer shall disarm any vehicle alarm system and provide carrier with any tool or keys necessary to disarm the system if activated. If the alarm system is activated during the transport of the vehicle. Carrier 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. Subcontractor shall be solely responsible for all obligations to customer. Customer shall file claims with the subcontractor identified on the bill of lading and hereby releases CNS Auto Shipping from any and all claims arising out of or related to any actions or inactions of the subcontractor. Truck damage claims are covered by carrier form 100,000 and up to 1,000,000 cargo insurance per load, and minimum of 3/4 million dollars public liability and property damage. All claims must be noted and signed for at time of delivery and submitted in writing within 15 days of delivery.
Customer shall identify any damage to any vehicle(s) by noting the damage on the bill of lading received by driver of carrier at the time of delivery. Any claims related to such noted damage must be submitted in writing to carrier within 15 days of delivery, or, in case of failure of delivery, within 15 days of the date the 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.
CNS Auto Shipping subcontractors will be liable for damages to vehicles actually transported only to the extent such damages were caused by gross negligence or intentional conduct and noted on bill of lading. Customer specifically agrees and hereby waives any other claims against CNS Auto Shipping or its subcontractor including, but not limited to minor damages such as scratches, scraps and chips that result from normal road conditions and wear and tear; alignment; tire damage; suspension; glass damage; overloaded vehicles; defective or insufficient 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 by as a result of act of god or other force majeure events.
Customer shall remove all detachable personal belongings form the vehicle(s). Carrier may impose additional fees, in its sole discretion, for the transport of contents left in a vehicle. In no event, however, will carrier be responsible for the safe transport of any such contents.
Customer or his agent, who has been identified in writing or on shipping form filled out on website to CNS Auto Shipping, shall be present at the pick up and delivery of vehicle. If customer or its authorized agent is not present for any reason, the vehicle(s) will be placed in storage, at customer's cost.
No delivery time is guaranteed. All delivery dates and times are only estimates of normal deliveries (delays may occur). CNS Auto Shipping does not guarantee shipment in time for any particular market or event and will not be responsible for loss or damages occasioned by unavoidable delay. There are absolutely no guarantees made, expressed or implied, regarding delivery times or dates.
Any deposit made by customer shall be retained immediately by CNS Auto Shipping based on the completion of the transport of the vehicle(s) unless otherwise canceled by the customer. In the event, carrier has been assigned to the transport the full deposit may be retained and considered earned by CNS Auto Shipping. Customer may additionally cancel this agreement at any time prior to 2 days before pick up dates. In such event, deposit will be refunded less bank fees or other charges.
Shipper/Customer agree that he/she will pay the price agreed due to CNS Auto Shipping for delivered vehicle(s). 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 claims be filed in writing and all tariffs be paid in full before claim can be processed. 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 200.00 will be assessed if the vehicle becomes inoperative for any reason during transport. An oversize vehicle fee of 300.00 will be imposed unless such vehicle has been pre-approved and disclosed prior to transport.
Customer and/or agent are jointly and severally liable for any and all unpaid charges including, but not limited to sums advanced or disbursed by CNS Auto Shipping or carrier and any and all cost of collection, including costs and reasonable attorney fees. Unless the order prepaid or CNS Auto Shipping has otherwise agreed in writing, Customer shall pay all COD amounts, including any additional charges, in cash or certified funds.
Customer shall defend, indemnity and hold CNS Auto Shipping harmless for 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 obligation hereunder.
This agreement and any shipment here under is subject to all terms and conditions of the carriers tariff and the uniform straight bill of lading, copies of which are available at the office of CNS Auto Shipping or carrier. CNS Auto Shipping U.S. Department if Transportation Broker license #659006. Performance under this contract shall be excused to the extent such performance is prevented by force majeure. The term "force majeure" shall include acts if god of the elements acts of a public enemy, acts of terrorism, riots, strikes, labor disputes, fires, explosions, floods, acts of orders of civil or military authorities, or other caused 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.
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 CNS Auto Shipping and customer and may not be changed except when in writing by an officer of CNS Auto Shipping.
This Agreement shall be governed by and constructed in accordance with the law of the state of Washington. The parties further agree that any legal action arising out of this Agreement shall be filed in court of competent jurisdiction within Pierce County, Washington. Customer hereby submits to the jurisdiction of such courts and waives any and all defenses based on lack of personal jurisdiction.
