CONTRACT TERMS AND CONDITIONS GENERAL PROVISIONS
In this Agreement the Vehicle Owner or Owners Agent shall be referred to as "Shipper", Jayhawk Auto Transport, Inc. shall be referred to as “JAT", and any trucking firm transporting Shipper’s goods shall be referred to as “Carrier".
1. Shipper warrants that he/she is the registered legal owner of the vehicle, or that he/she has been duly authorized by the legal owners to enter into agreement for transportation of the vehicle. Shipper understands that there are two distinctly separate entities involved, JAT and the Carrier. JAT arranges for transport as a deferally authorized broker, and the Carrier takes physical possession to load, insure, transport and unload the vehicle freight.
2. In the event that Shipper cancels this contract for any reason whatsoever, Shipper acknowledges that certain services are commenced and rendered upon receipt of order and shall pay JAT a minimum cancellation charge as follows:
Full refund after 10 business days from "1st Available Date" as entered by Shipper on Shipping Order Form.
$150.00 on business day 0-10 inclusive. Day 1 is defined as the first business day after the "1st Available Date" as entered by Shipper. A business day does not include a Holiday, Saturday or Sunday.
If truck assignment is made, the minimum cancellation fee is $200.00, regardless of date assigned. A minimum $150.00 "dry run" fee will be charged in the event Shipper is unavailable or unwilling to provide the vehicle to Carrier on or after the "1st Date Car Available" as designated by Shipper on the Shipping Order.
If buying a vehicle, the Buyer certifies that the transaction has been finalized and that the "Seller" will release the vehicle. If the pick up contact will not release the vehicle for any reason whatsoever, the above described "dry run" fee may apply.
Contract cancellation requests must be made in writing. The effective date and time of cancellation shall be the server generated date and time stamp of a written e-mail message sent from the Shipper, received and confirmed by JAT. The message should identify the Shipper by name and Contract Number. The message should be sent to info@JayhawkAutoTransport.com.
3. JAT offers vehicle freight to several thousand Carriers. On occasion, a Carrier will offer to transport the vehicle at a tariff price other than what was originally quoted. In this case, JAT relays this offer on to the Shipper of the vehicle. The Shipper has the option to accept the offer or decline the offer, whichever he/she deems to be in their best interest. The Shipper's written confirmation is requested in this case to make sure JAT clearly understands the Shipper's instructions.
4. Shipper upon tender of goods to Carrier or Transporter and the party receiving shipment upon acceptance of delivery, shall be jointly and severally liable for any and all unpaid charges payable on account for shipment, including but not limited to, sums advanced or disbursed by Carrier on account of such shipment and any and all costs of collection including costs and reasonable attorneys fees.
5. Carrier 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. JAT is licensed as a broker under federal rules. JAT does not take possession of the vehicle(s) being shipped. When truck assignment is complete, JAT has fulfilled all of its’ contracted duties and obligations under this contract.
6. Unless the order has been pre-paid, Shipper shall pay all COD amounts, including any additional charges, in cash or certified funds, as defined by Carrier.
7. Signing Carrier’s Bill of Lading/delivery receipt at destination without specific notation of damage shall be evidence of satisfactory delivery of the vehicle and releases Carrier from any subsequent claim. Carrier’s responsibility for the described vehicle commences when the bill of lading/inspection form is issued and signed by the driver and terminates when designated vehicle is signed by Shipper or Shipper’s Agent at destination.
8. Information submitted on the Customer Comments section of the order form can in now way modify the contractual agreement. Comments are informational in nature and shall have no binding effect.
9. Shipper is responsible for preparing vehicle for shipment. Carrier does not make any warranties, express or implied, regarding the fitness of the vehicle for transport. All loose parts, fragile or protruding accessories, convertible tops, spoilers, antennas, etc., must be removed and/or properly secured. Security systems should be disarmed. Carrier will not be responsible for damage to said property.
10. Shipper shall not pack any personal items in the vehicle since the Carrier is not licensed to carry items other than the vehicle. If personal belongings are at any time discovered in the vehicle, they will be subject to removal and disposal and/or additional freight and handling charges.
11. Carrier or its Agents shall not be liable for the following:
12. Shipper shall pay additional $200 for each inoperable or over sized vehicle, unless such vehicles are disclosed as being inoperable or over sized, respectively, on the Shipping Order and quoted as inoperable. An inoperable vehicle is defined as any vehicle that will not start and drive on and off of the transport truck under its own power. It must roll, steer and brake and have an operable emergency brake.
13. By Shipper’s or his/her agent’s signature, Carrier is authorized to operate and transport the vehicle from point of origin to the destination specified in the bill of lading and to drive said vehicle either at origin, destination or between the points of loading/unloading and the points of pickup/delivery, and Shipper shall provide insurance for same.
14. The parties acknowledge and agree that regardless of circumstances, federal regulations require that all outstanding freight charges be paid without deductions. Shipper agrees that upon delivery at destination to properly note any damage claimed while the driver is making the delivery, and to pay the balance of the delivery charges in cash or certified funds. Any claim of damage caused by Carrier must be properly noted on the Bill of Lading, specifying the damage claimed. The Carrier actually transporting the vehicle shall be liable for any and all damage claims arising from the transport in accordance with federal guidelines. Shipper 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. Shipper agrees to release and hold harmless JAT on any such claims. JAT has no role in the adjustment of insurance claims—it is strictly between Shipper and Carrier.
15. After Shipper makes the vehicle available to Carrier for transport, Carrier shall use its best efforts to transport the vehicle in an expedient manner given prevailing circumstances. However, JAT does not guarantee any date or the timing of pick up or delivery unless the "Guaranteed Service" option is purchased, paid for, and properly noted on the Shipping Order. Neither JAT nor Carrier shall assume any responsibility whatsoever for costs of any kind including rental accruals, storage charges or other costs attributable to the timing of shipment.
16. Dispatch information or status inquiries are not available by phone. When transporter assignment is made, an e-mail message is sent to the address entered by Shipper when initiating the order. To request information, the form at www.JayhawkAutoTransport.com/status.php should be used--every effort is made to respond timely. For security purposes, information can be offered only to the party entering the agreement.
By clicking the button marked "I Agree to Terms and Conditions-Submit Order" the Shipper is entering into a legally binding agreement.