| 1. |
Customer is the registered legal owner of the vehicle(s)
and has 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. |
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. The Customer shall disarm any vehicle alarm system and provide
Incognito Express with any tools or keys necessary to disarm the system
if activated. If the alarm system is activated during the transport of
the vehicle, Incognito Express 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 Customers
failure to fulfill these obligations. |
| 3. |
Customer shall remove all detachable personal
belongings from the vehicle(s). Incognito Express may impose additional
fees, in its sole discretion, for the transport of contents left in a
vehicle. In no event, however, will Incognito Express be responsible for
the safe transport of any such contents. |
| 4. |
Customer or his agent, who has been identified in
writing to Incognito Express, shall be present at the point of pick-up
or delivery. If Customer or its authorized agent is not present for any
reason, the vehicle(s) will be placed in storage, at Customers cost.
|
| 5. |
All delivery dates and times are only estimates.
Incognito Express does not agree to transport the vehicle(s) in time for
any particular market or event and will not be responsible for any loss
or damage resulting from any delay. NO EXPRESS OR IMPLIED WARRANTIES
ARE MADE WITH RESPECT TO DELIVERY TIMES OR DATES. |
| 6. |
IN NO EVENT SHALL Incognito Express OR EMPLOYEES BE
LIABLE FOR ANY DAMAGES EXCEPT FOR DAMAGES TO VEHICLES ACTUALLY
TRANSPORTED AND ONLY TO THE EXTENT SUCH DAMAGES WERE CAUSED BY Incognito
Express. Customer specifically agrees and hereby waives any other
claims against Incognito Express, for damages caused by customers
vehicle, leaking fluids, battery acid and/or cooling system anti-freeze
solution; mechanical malfunctions; exhaust assembly; frame; alignment;
tire damage; suspension; glass damage; overloaded vehicles; defective or
insufficient brakes, parking brake or parking gear; damage to loose,
torn or visibly worn convertible tops; damage to vehicle boots, caps,
masks, bras or any other type of covering; damage caused as a result of
the inoperable condition of the vehicle; damage that is undetectable due
to the vehicles dirty condition at the time of pick-up. ADDITIONALLY,
Incognito Express Transport WILL NOT PROVIDE REIMBURSEMENT FOR AUTO
RENTAL FEES RESULTING FROM DELAY, DAMAGE OR ACCIDENT. |
| 7. |
Customer shall identify any damage to any vehicle(s) by
noting the damage on the Bill of Lading received by Customer at the time
of delivery. Any claims related to such noted damage must be submitted
in writing to Incognito Express within 15 days of delivery, or, in case
of failure of delivery, within 15 days of the date that 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. Incognito Express shall not be liable
directly, in subrogation, nor by assignment to Customers insurance
company for any claims paid by the Company. |
| 8. |
Any deposit made by Customer shall be retained
immediately by Incognito Express Transport. If Incognito Express is
unable to assign the vehicle for transport within 15 days, the entire
amount of the deposit shall be refunded to Customer upon Customers
request to cancel transport with Incognito Express Transport. |
| 9. |
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.
|
| 10. |
Customer and/or its agent are jointly and severally
liable for any and all unpaid charges including, any and all cost of
collection, including costs and reasonable attorney fees. Unless the
order has been prepaid or Incognito Express has otherwise agreed in
writing, Customer shall pay all COD amounts, including any additional
charges, in cash or certified funds. Incognito Express will have a lien
on the vehicle(s) for any charges that remain unpaid and any such lien
will survive the delivery of the vehicles. |
| 11. |
Performance under this contract 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 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 oral agreements
between Incognito Express and Customer and may not be changed except
when in writing by an officer of Incognito Express. |
| 13. |
This Agreement shall be governed by and construed in
accordance with laws of the state of Arkansas. The parties further agree
that any legal action arising out of this Agreement shall be filed in a
court of competent jurisdiction within Carroll County, Arkansas.
Customer hereby submits to the jurisdiction of such courts and waives
any and all defenses based on lack of personal jurisdiction. |
| 14. |
All credit cards charges will have a 5% fee added to
them for a processing and handling Fee. |
| 15. |
All deposits are NON-REFUNDABLE UNLESS OTHERWIZE AGREED
UPON BY INCOGNITO EXPRESS. |
| 16. |
There are NO refunds on services done for ANY reason. |
| 17. |
7 - 14 day delivery is an estimated delivery date and
there are NO guarantees on delivery time of regularly scheduled moves. |
| 18. |
We do offer "express" service for a fee at which time
you may dictate the delivery and pickup time and dates. |
| 19. |
All vehicles are inspected at pick up and delivery and
if no one is there to sign the vehicle will move "as is". |
| 20. |
On delivery all CODS must be paid before vehicle is
released regardless of situation. |
| 21. |
Contracts can be sent prior to booking of vehicle per
request for any and all other disclosure facts. |
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