Terms and Conditions

TERMS AND CONDITIONS Definitions: On this Order Form Agreement, “we,” “our,” “us” and “Payless Auto shipping LLC” refer to Payless Auto shipping LLC. “You,” “your” and “Shipper” refer to the person or persons identified on this document and for whom the services and carriage are being performed, its employees and agents. “Vehicle(s)” refers to the cargo being carried the Shipper. “Carrier” refers to the transporter of your vehicle. 1. You are the registered legal owner of the Vehicle(s) and have the 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. Agreement to Terms and Responsibility for Payment: You agree to all the terms on this Payless Auto shipping LLC Form Agreement. You also agree to those terms on behalf of any third party with an interest in the Vehicle. No one is authorized to change the terms of our Agreement. Even if you give us different payment instructions, you will always be primarily responsible for all delivery costs and charges, as well as any other costs we incur in warehousing your Vehicle until you pay all costs and charges. Any balance that is due upon delivery will be paid in cash or Certified Funds in the form of a Cashier’s Check or Money Order only. You warrant that you will pay all sums due Payless Auto shipping LLC for delivered Vehicles and will not seek to charge back a credit card or stop payment on a check to offset any dispute for damage claims and will abide by the terms of this contract to handle such disputes. C.O.D. payments, if allowed, must be by cash or Cashier’s check only to the driver at the time of delivery or payable in the Sebastian. All other retail orders are to be prepaid. Payless Auto shipping LLC, shall have a possessory lien on the Vehicle for all sums due but not paid and may refuse to release the Vehicle until payment is rendered or adequate surety for payment is provided. If the Vehicle is not claimed from one of Payless Auto shipping LLC terminals within 30 days of its arrival, we or the Carrier will seek legal title to the Vehicle and may sell it or otherwise dispose of the Vehicle as allowed by the law. Vehicles remaining at Our origin or destination terminals may be subject to daily storage fees beyond the fifth day. Vehicles remaining at the Our origin terminal due to non-payment are subject to storage fees beyond the first day. You acknowledge that we may subcontract with or direct third-parties, including other carriers and warehousemen, to provide services and carriage under this Contract and that those third-parties shall enjoy the benefit of all legal protection and rights under this Contract, including all limitations of liability and defenses afforded us hereunder. 3. Responsibility for preparing Vehicle for transport and completing the Order Form Agreement: You are responsible for preparing the Vehicle for transport. All loose parts, fragile or protruding accessories, low dashing and spoilers, and antennae must be removed and or properly secured. Any part of the Vehicle, including foreign fluids, that falls off in transit is your responsibility, including damage caused by said part or fluid to any and all vehicles involved. You shall remove all non-permanent outside mounted luggage or other racks prior to shipment. You shall not deliver Vehicle to us with more than 1/2 tank of fuel on domestic moves and 1/4 tank on international moves. At delivery to us, you must furnish us with the key to the ignition, doors and trunk. If you have an alarm system, it must be deactivated, except those systems activated by the door lock. You must provide us with any tools or keys necessary to disarm the system if activated. If the alarm system is activated during transport of the Vehicle, we or the Carrier may deactivate the alarm system by any means that we or the Carrier deem reasonable and effective. You release us from any claims for damages that are caused by your failure to fulfill these obligations. In addition to the below disclaimers, limitations and legal rights, We shall not be liable for: damage or loss of loose parts or special equipment not listed on this document; damage caused by Vehicles with non-working or defective brakes; Vehicles unable to be driven on and off the transport truck under the Vehicle’s own power; and repossessed vehicles. We reserve the right to refuse service. 4. Shipper authorizes Payless Auto shipping LLC, its subcontractors, agents and employees to drive, park, store, and otherwise operate or transport the Vehicle(s) in any manner necessary to fulfill the obligations under this Agreement. Shipper shall maintain insurance on the Vehicle that shall extend Payless Auto shipping LLC c operation of the Vehicle. IN NO EVENT SHALL Payless Auto shipping LLC, ITS SUBCONTRACTORS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DAMAGE EXCEPT FOR DAMAGES TO THE VEHICLE ACTUALLY TRANSPORTED AND ONLY TO THE EXTENT SUCH DAMAGE WAS CAUSED BY Always Available Auto Transport, ITS SUBCONTRACTORS, AGENTS, OR EMPLOYEES GROSS NEGLIGENCE OR INTENTIONAL CONDUCT. Shipper specifically agrees and hereby waives any other claims against Payless Auto shipping LLC or its subcontractor including, but not limited to claims for minor damages such as scratches, scrapes and chips that result from normal road conditions and wear and tear. 5. Limitations on our liability and liabilities not assumed: Our liability in connection with your Vehicle is limited to the lessor of your actual damage or actual cash value of the vehicle or $50,000. We do not provide cargo liability insurance. In any event, we will not be liable for any damage or loss to you or your Vehicle as a result of, and or damage: a. for any damage if you violate any of the terms of this Agreement. b. for loss of or damage to prohibited items. Prohibited items include hazardous materials; corrosive cleaning products; gas containers; plants; paint cans; aerosol cans; propane tanks or foods. c. for loss, damage or delay caused by events we cannot control, including but not limited to acts of God, perils of the air, weather conditions, acts of public enemies, war, strike, civil commotions or acts of public authorities with actual or apparent authority. d. for any special, incidental or consequential damages, including but not limited to loss of income or profits, whether or not Payless Auto shipping LLC had knowledge that such damages might be incurred. e. for auto rentals or auto rental accrual as a result of delay or damage to the vehicle, or any other reason whatsoever. f. for damage caused by leaking fluids, battery acids, anti-freeze, industrial fallout, or rocks or rock chips. g. for damage concealed by weather conditions or the dirty condition of the vehicle. h. for damage to any and all mechanical functions, undercarriage, frame, exhaust assembly, muffler, tailpipe, spoiler, alignment, transmission, suspension, drive train, engine, rear end, motor mount, wiring systems, window motors, radio, stereo, sound systems, power steering, airbag, brake cable or brake systems, antennae or power antennae systems, and vehicle computerized systems (anything that is mechanical or electrical); we shall not be responsible for any undercarriage damage or damage caused by leaking/foreign fluids, battery acid and or cooling system anti-freeze solution, or industrial fallout; nor shall we be responsible for mechanical functions, exhaust assembly, alignment, suspension, air dams, tires, rims, convertible tops, louvers, spoilers, fog lights, freezing of cooling systems, or antennas. We are not responsible for interior inspection or condition, damage caused to or by tonneau covers and bed liners. We shall not be responsible for diminished or loss of market value, nor shall we be responsible for loss of use or loss of time. i. for damage to or caused by loose parts not properly secured and or special equipment when not specifically listed or not properly secured and stored to prevent loss or damage; k. damage caused by freezing of cooling systems and or batteries; l. damage to inoperative vehicles or damage occurring while unloading non-operational or “inop” vehicles. m. damage as a result of rust, advanced age of vehicle, defective or worn parts, and normal wear and tear; n. damage to cloth, vinyl, convertible tops, interiors of vehicle, or tires; o. damage caused by faulty craftsmanship due to manufacturing defects (e.g. defects in factory welds of tie downs or damage that results to vehicles from tie downs, breaking or tearing. for glass breakage caused by heat combustion, prior cracks, vandalism, road hazards, stone chips or flex; q. costs and expenses, including towing or repair charges resulting from malfunction of the vehicle; r. personal property shipped in vehicle or damage caused by personal property; s. damage caused by stone chips and dings in windows or glass, minor dents and scratches. 6. Payless Auto shipping LLC is only responsible for arranging delivery by the Carrier selected by US. The Carrier is responsible for the Vehicle when a Bill of Lading is issued and signed for by you. Payless Auto shipping LLC does not transport Vehicles. We only arrange for transportation of a Vehicle by a Carrier. As such, you agree to file all claims with the Carrier as identified on the Bill of Lading and to bring any and all legal action for damages against the Carrier only. The Carrier’s insurance coverage is primary and is responsible for payment of any claims for loss or damage incurred while the Vehicle is in the Carrier’s custody and control. In the event of damages incurred while the Vehicle is in the care of said Carrier all resulting claims must be directed to the Carrier, and not Payless Auto shipping LLC. You release and hold harmless Payless Auto shipping LLC for any such damage to your Vehicle. You warrant that the Vehicle is fully insured and that such insurance will be maintained until delivery of your Vehicle. You agree to allow Payless Auto shipping LLC and the Carrier full use of all your insurance in the event of an accident or damage to your Vehicle. Carrier’s insurance will only cover the Vehicle while it is on the transport. You must have coverage prior to loading on the transport and immediately upon unloading. Neither Payless Auto shipping LLC or the Carrier’s insurance coverage is in effect while your Vehicle is at any terminal location or while the Vehicle is being driven to or from points of loading or unloading. The same applies to any drop location. Your insurance must be in full effect when the Vehicle is not with the Carrier. If the Vehicle is vandalized either during shipment or while awaiting shipment or while in storage, we will not be held responsible or liable for any damage and Shipper agrees that his or her insurance has primary responsibility. 7. You waive all claims against Payless Auto shipping LLC if actual written notice of the claim to Payless Auto shipping LLC is not made within fifteen (15) days of the date of the incident giving rise to the claim. You must properly note any damage on the Bill of Lading upon delivery of your Vehicle to you at the destination. You waive any damage claim that is not noted on the Bill of Lading. Your signature on any Bill of Lading without notation of damage shall be conclusive evidence of satisfactory delivery and that the vehicle has no damage. Any claim that Payless Auto shipping LLC, its agents, or selected Carrier caused any damage must be made within fifteen (15) days of delivery, in writing, specifying the damage claimed and must be accompanied by two (2) written estimates and photographs of the damage claimed. Payless Auto shipping LLC shall not be liable directly, or in subrogation, or by assignment to your insurance company for any claims paid by the insurance company. IN NO EVENT SHALL PAYLESS AUTO SHIPPING LLC BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES. ALWAYS AVAILABLE AUTO TRANSPORT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, OR FOR A PARTICULAR PURPOSE, REGARDING ITS PERFORMANCE UNDER THIS AGREEMENT OR THE CONDITION OF THE VEHICLE WHILE IN TRANSIT OR UPON DELIVERY. 8. You shall be present at the point of pick-up and delivery. You will make arrangements with us to meet the Carrier to load and or unload your Vehicle, at a safe and legal place. If you are not present for any reason, the Vehicle will be placed in storage, at your sole cost. All delivery dates and times are only estimates. Payless Auto shipping LLC does not agree to transport the Vehicle in a specific time frame for any particular market or event and will not be responsible for any loss or damage resulting from such delay. NO EXPRESS OR IMPLIED WARRANTIES ARE MADE WITH RESPECT TO DELIVERY TIMES OR DATES. Weight restrictions, low trees, small / narrow roads and numerous other obstacles make it impossible and or impractical to pick up or deliver at residential locations. If, for any reason, you fail to have the proper funds or make arrangements to take delivery of your Vehicle when the Carrier attempts delivery, the Vehicle will be taken to the nearest terminal and all charges of storage shall be added to the shipping costs. 9. The entire amount of the transport charge is due and payable without demand upon tender of the Vehicle(s) regardless of the loss of, or damage to, the Vehicle(s) at any stage of the transport. Payless Auto shipping LLC will have a lien on the Vehicle(s) for any charges that remain unpaid and any such lien will survive the delivery of the Vehicle(s). You and or your agent(s) are jointly and severally liable for any and all unpaid charges including, but not limited to sums advanced or disbursed by Payless Auto shipping LLC or its subcontractor and any and all costs of collection, including costs and reasonable attorney’s fees. 10. You shall defend, indemnify and hold Payless Auto shipping LLC 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 your breach of any warranty or any obligation hereunder. 11. Performance under this Agreement 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. 12. The provisions of this Agreement are severable and the invalidity and unenforceability 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 Payless Auto shipping LLC and the Shipper and may not be modified or amended except when the modification or amendment is in writing and signed by the Shipper and Payless Auto shipping LLC. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this agreement. Wherever used herein, the singular includes the plural, the plural shall include the singular, and pronouns shall be read as masculine, feminine or neuter as the context requires. 13. This Agreement shall be construed and interpreted in accordance with the laws of the State of Florida. 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. 14. Electronic Signatures: Electronic signatures have the same legal effect as original signatures. This signature must be that of the individual “signing” this document electronically or be made with the full knowledge and permission of the individual, otherwise it constitutes forgery under s. 831.06, F.S. The parties to this Agreement expressly agree to conduct this transaction by electronic means and that you expressly agree that your electronic signature may be used to sign and execute this Agreement and said electronic signature shall have the same force and effect as a written signature. 15. Shipper acknowledges that carrier will not be responsible for minor damages such as scratches, scuffs, and chips that result from normal wear and tear. The carrier will not be responsible for damage smaller than the size of a credit card (3 3/8 X 2 1/8) Shipper or shipper’s agents signature below warrants they have read and fully understand all of the terms and conditions on this contract 16. Carrier is not responsible for the interior inspection or condition. Personal Effects and property shall not be left in the vehicle. Carrier is not responsible for personal affects or property of any kind in the vehicle. *Cancellation Policy: Customer reserves the right to cancel shipping order 72 hours in advance with prior written notice and confirmation from Payless Auto shipping LLC acknowledging receipt of notice. If Shipping order has been assigned to a carrier prior to notice from shipper the deposit will be used as a cancellation fee that is non-refundable or transferable. If carrier is not able to pick up on the estimated time frame that was set Payless Auto shipping LLC reserves the right reschedule another carrier within 72 hours. *Cancellation Policy If customer double book with 2 companies and he choose other than Payless Auto shipping LLC $50 will be charge in order to cancel and will be taken as cancellation fee. the pickup is assured by us however the drop is something that depends on the real time conditions, like weather traffic and road mishaps.