Terms

Customer & Carrier Contract Terms of Service

1.  ETS Transport cannot be held liable for damage(s) occurring while any vehicle is in the possession of the contracted carrier.  All contracted carriers carry cargo insurance protecting loads in the situation of damages occurring while in carrier’s possession.  ETS Transport will actively assist all customers in obtaining the carrier’s insurance information to make sure all necessary claims can be filed.

2. Shipper warrants that he/she is the registered owner and/or has been authorized by the legal owner to act as agent for the registered owner and has the authority to enter into this agreement on behalf of the owner.  ETS Transport does not charge any fees until your vehicle has been dispatched.  Should you choose to cancel prior to the vehicle being dispatched you will be charged a $35.00 processing fee.  ETS Transport will refund your initial payment in full for any reason as long as a truck has not been assigned/dispatched to pick up your vehicle and you have become past the “first available” date.ETS Transporthas up to five (5) business days to dispatch your vehicle from the first available p/up date.  Shipper is not entitled to refund of initial payment if double booked with another company.

3. By shipper’s signature and/ or agent’s signature.ETS Transport its agents and the motor carrier transporting the vehicle and their employees jointly and separately are authorized to operate and transport the vehicle from point to point or origin to destination specified in the bill of lading.

4. ETS Transport and/or their agents shall not be liable for the following:
* Damage caused by leaking fluids, battery acids, cooling system anti-freeze fluids, industrial fallout, or any other damaged caused by Acts of God.
* Damage which is undetectable due to the vehicles dirty condition at the time of pick-up or glass damage caused by debris from road use or during transportation.
* Mechanical malfunctions, exhaust assembly, frame alignment, tire damage, suspension, or running of engines.
* Auto rental accruals.
* Damages to vehicles caused due to:
(i) Vehicles cannot be driven on or off transporter under its own power,
(ii) Vehicles that are defective or have insufficient brakes, parking break or parking gear.

5. After shipper makes the vehicle available to for pickup.  ETS Transport and it’s agents will use their best efforts to deliver the vehicle within three (3) to ten (10) business days; however due to unforeseeable factors that could result in delays, ETS Transport and its agents cannot guarantee the date and/or time of delivery or pickup.  No delivery or pick up dates and times are guaranteed.  All delivery dates and pick up times are only estimates of normal deliveries and pick ups (delays may occur).  There are absolutely no guarantees made, expressed or implied, regarding delivery or pick up times or dates.

6. Shipper shall prepare the vehicle for transport by removing or securing any items that extend above or out from the standard body dimension of the vehicle (i.e. antennas, fender guards, etc), all batteries, loose parts, low hanging spoilers, etc.

7. Upon pick-up and delivery of your vehicle(s) there will be a bill of lading with a full condition report of your vehicle(s) to be signed by the driver and customer.  Please make sure you receive a signed copy of the bill of lading on both Pick-up and delivery.  Please remember it is your responsibility (the shipper/customer) to make sure that if there are any discrepancies to the condition of your vehicle(s) upon delivery, they must be marked down on the bill of lading and signed off by the driver to be submitted to the insurance agency.  Please make sure the delivery location is at a well-lit area.  ETS Transport and/or its agents will not be liable for any damages that are not marked down on the bill of lading upon delivery.  If you the shipper/customer will not be on the pick-up or receiving end of the transport, it is your responsibility to make sure the designated persons for pick-up and delivery are aware of the terms and conditions.

8. Shipper agrees to pay the carrier the balance of delivery charges unless the order has been prepaid (proof must be shown) upon delivery of vehicle in cash, cashiers check, or money order.

9. Shipper agrees to indemnify and hold harmless ETS Transport and it’s agents harmless for any costs, expenses, damages, losses, and claims caused by the shipper’s breach under this agreement.  Venue shall be in Washington, DC for any litigation arising out of this service agreement.

10. This agreement, along with any exhibits, appendices, addendum, schedules, and amendments hereto, encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the parties, whether oral or written.  The parties hereby acknowledge and represent, by affixing their hands and seals hereto, that said parties have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this agreement.  The parties here by waive all rights and remedies, at law or in equity, arising or which may arise as the result of a party’s reliance on such representation, assertion, guarantee, warranty, collateral contract, or other assurance, provided that nothing herein contained shall be construed as a restriction or limitation of said party’s right to remedies associated with the gross negligence, willful misconduct of fraud of any person or party taking place prior to, or contemporaneously with, the execution of this agreement.

Sign and fax to: (301) 476 0353