LUNDSTROMS TRANSPORT
TERMS AND CONDITIONS:
Client warrants that client is the registered legal owner of the vehicle being transported, or that Client has been duly authorized by the legal owners to enter into this Contract for transportation of the Vehicle.
In the event that Client cancels this Contract for any reason whatsoever, the initial dispatch fee, or deposit, payment made to Lundstroms Transport is not refundable. A "dry run" fee may be assessed in the event Client is unavailable or unwilling to provide the Vehicle for transportation as of the first date of availability as designated on the shipping form. A re-dispatch fee will be assessed in the event of assigning and dispatching another carrier, if the client needs to reschedule.
Client, upon tender of the Vehicle to Lundstroms Transport or its transportation agent, and the consignee, upon acceptance of delivery by Client or its agent, shall be jointly liable for any and all unpaid charges payable on account of the shipment, including but not limited to, sums advanced or disbursed by Lundstroms Transport or any of its agents on account of such shipment and any and all costs of collection including costs and reasonable attorneys fees.
Client shall not leave personal belongings in the vehicle except those attached to and part of the Vehicle. Lundstroms Transport shall not be responsible for loss of or damage to personal belongings, including without limitation any personal property which is not factory installed, that are not a part of the Vehicle.
Unless the order has been pre-paid, or other arrangements have been made, Client shall pay all COD amounts, including any additional charges, in cash or certified funds. In the event that said forms of payments are not available at delivery the Client shall be responsible for any and all storage fees assessed. In order to make pick up/delivery, the Client agrees to meet Carrier at a specified time and place if necessary.
Client shall pay all costs, including without limitation storage, towing and additional delivery costs, incurred as a result of Client's breach of any warranty or obligation under this Contract. Signing Lundstroms Transport's bill of lading or its assigned carrier's bill of lading at destination without notation of damage shall be evidence of satisfactory delivery of the Vehicle.
The carrier's full responsibility for the Vehicle commences when the bill of lading is issued and signed by the driver and terminates when the Vehicle is signed for at destination.
Lundstroms Transport, or any of its agents, shall not be liable for damages, including without limitation any of the following, not caused by their negligence: Damage caused by fluids, acids, cooling system antifreeze, industrial fallout or damage caused by acts of God. Damage that is undetectable due to Vehicle's condition or glass damage caused by normal wear and road use. Mechanical malfunctions, exhaust assembly, frame, alignment, tire damage, soft top convertibles, suspension, tuning of engine or damage that is a result of tie downs tearing or breaking. Auto rental accruals. Damage resulting from the Vehicle being overloaded. Damage to the Vehicle because it cannot be driven on or off transporter under its own power or has defective or insufficient brakes, parking brake or parking gear.
The liability of Lundstroms Transport, for any reason whatsoever, shall be limited to the amount paid by the Client to arrange transportation of the Vehicle.
The Client shall be responsible for preparing the Vehicle for shipment. All loose parts, fragile or protruding accessories, low hanging spoilers, antennas, etc., must be removed and/or properly secured.
Any part of the Vehicle that falls off during transport is the Client's responsibility, including damages caused to any other vehicles involved. Security systems should be disarmed and any keys or transmitters for said device must be provided to the transporter.
The Client agrees to indemnify, defend and hold Lundstroms Transport and its agents harmless for any costs, expenses, damage, losses and claims caused by the Client's breach of any warranty or obligation under this Contract.
Lundstroms Transport warrants and Client acknowledges that Lundstroms Transport is licensed by the Federal Motor Carrier Safety Administration.
Lundstroms Transport and its assigned carrier transporting the vehicle are hereby authorized to operate and transport the Vehicle from point of origin to the destination specified in Lundstroms Transport's bill of lading. The assigned carrier is authorized to drive the Vehicle either at point of origin or point of destination between the points of loading/unloading and the points of pickup/delivery, and Client shall provide insurance for same.
In the event that there are any unforeseen delays regarding delivery, federal regulations require that all outstanding freight charges be paid without deductions. The Client agrees to properly note any damage claimed at the time of the delivery of the vehicle, and to pay the balance of the delivery charges in cash or certified funds. Damages not noted on the transportation agent's bill of lading will not be honored (no exceptions). The carrier transporting the vehicle shall be liable for any and all damage claims arising from the transport. The Client agrees to file all claims with the carrier as identified on the carrier's bill of lading/delivery receipt, and to bring any legal action for damages against the carrier only. The Client agrees to release and hold harmless Lundstroms Transport from any such claims.
After the Client makes the Vehicle available to Lundstroms Transport for transport, Lundstroms Transport shall use its best efforts to deliver the Vehicle in an expedient manner. However, Lundstroms Transport does not ever guarantee the date or time of pickup or delivery.
The Client shall pay an additional $250 if the Vehicle is or becomes inoperable during transport, and an additional amount for if the Vehicle is oversized or overweight, unless the Vehicle is disclosed as being inoperable, oversized or overweight, respectively. All inoperable vehicles must steer, brake, and roll.
While the assigned carriers are driving the vehicle for purposes of parking, storage and other purposes incidental to performance of the obligations under this Contract, Lundstroms Transport shall have the full benefit of any insurance that has been effected by Client on the Vehicle.
The Client shall, in its absence, designate someone to act as the Client's agent at the points of pick up and/or delivery.
This Contract constitutes the entire agreement between the parties hereto with respect to the subject matter hereof. It supersedes all prior negotiations, letters and understandings relating to the subject matter hereof.
This Contract may not be amended, supplemented or modified in whole or in part except by an instrument in writing signed by the party or parties against whom enforcement of any such amendment, supplement or modification is sought.
This Contract will be construed in accordance with the laws of New Jersey, without application of its choice-of-law principles.
If legal action is instituted to enforce the terms and conditions of this Contract, exclusive jurisdiction and venue for any such action will be in the state and federal courts of Morris County, New Jersey. The parties hereto hereby irrevocably waive, to the fullest extent permitted by law, (a) any objection to jurisdiction or venue of any action arising out of or relating to this Contract brought in Morris County New Jersey, or any judgment entered by any court in respect thereof, or (b) any claim that any action brought in Morris County, New Jersey has been brought in an inconvenient forum.
No person, other than Lundstroms Transport's transportation agent and other agents, shall be deemed to possess any third-party beneficiary right pursuant to this Contract. It is the intent of the parties hereto that no direct benefit to any third party, other than Lundstrom Transport's transportation agent and other agents, is intended or implied by the execution of this Contract. Lundstrom Transport's transportation agent and other agents are express third party beneficiaries of the terms of this Contract.