Terms and conditions of agreement
1. The terms and conditions contained herein of this Agreement between the Payer named below, hereinafter referred to as “Customer”, and National Dispatch LLC, hereinafter referred to as “National Dispatch”, authorizes National Dispatch to locate, and contract with, a third party auto transport carrier, hereinafter referred to as “Carrier”, to transport the above-mentioned vehicle/vehicles/item hereinafter referred to as “Vehicle” between the origination and destination points as described above for the price as also indicated above. This agreement, entered into by Customer, establishes an executed, legally binding contract between Customer and National Dispatch. Customer states and acknowledges that they are allowed to enter into this agreement, and act on behalf of, any third-party owner of Vehicle and that they have full authorization to do so by owner.
2. As Customer’s agent, National Dispatch is hired to expedite the process of contracting with a Carrier who is licensed and insured, and Customer acknowledges and agrees that National Dispatch may rely solely on Certificates of Insurance and Licensing Documentation provided or indicated by Carrier to determine the existence of said insurance/licensing and that Customer will hold National Dispatch harmless regarding any invalidity of any documents including Insurance Certificates presented to National Dispatch by the Carrier or any representative thereof. Customer agrees and acknowledges that the duties of National Dispatch are solely limited to those duties in the previous sentence and Customer agrees that in no event shall National Dispatch have any responsibility or liability for the inspection, loading, transport, delivery, or unloading of the Vehicle. Customer also agrees to the following:
3. National Dispatch will not be held responsible for any financial loss incurred by delays or advances of the shipment, and any vehicle rentals will also not be reimbursed for any reason. General pick-up and/or delivery dates/times are not guaranteed as delays may occur.
4. Customer must prepare Vehicle for shipment, any loose parts, low spoilers, fragile accessories, etc, must be secured or removed. If part of the Vehicle falls off during transport, it is the Customer’s responsibility and liability, including damages caused by that part to the Vehicle in question, any other vehicle(s), and/or person(s) involved. Alarm systems must be properly functional, or disarmed prior to transport, or the Carrier may use any means necessary to silence or bypass the alarm system without incurring claims of recompense for doing so. The Customer, in their own absence, must designate a contact person to facilitate the pickup and/or delivery.
5. Customer acknowledges and agrees that if the Vehicle ceases to be operative during transport, unless it was shipped as ‘inoperative’ to begin with, a reasonable surcharge may be incurred and must be collected before delivery. At pickup, should the vehicle or item be any larger, wider, lower, higher, or heavier than of stock design, or as noted above, then the Customer must pay any excess fees requested or submit to a cancellation/dry-run fee of $250.00. The same dry-run fee of $250.00 may be assessed in the event the Customer is unavailable or unwilling to provide the vehicle for transportation within a few hours of scheduled pickup (Dry-Run Fee).
6. The Customer agrees that they will hold National Dispatch harmless from any and all misrepresentations that may have been implied, expressed, or discussed, and that this contract supersedes all and any statements spoken by any employee of National Dispatch. Customer further agrees that any misaligned, mistyped, or misstated description of the vehicle including specific Year/Make/Model to be shipped will not negate the terms and conditions of this contract regarding the actual Vehicle shipped.
7. Customer agrees to pay all fees due and will also not seek to chargeback any credit card payments submitted in connection to any disputes in connection with the Carrier, and/or National Dispatch, and will comply with the terms of this agreement to handle any disputes.
8. Customer agrees that any claims that may occur will be settled at actual cost and addressed only to the Carrier or the Carriers insurance policy. Any damage must be clearly noted while the driver is making the delivery. Damages not noted on the Bill of Lading will not be honored (no exceptions).
9. The Carrier, or National Dispatch, will contact the Customer prior to pickup and delivery and in order to effect pickup and delivery, the Customer agrees to meet the Carrier at any reasonably specified time and place. Carrier will pick up and deliver as close to the customers location as is legally, safely and/or reasonably, possible.
10. Customer agrees that the Carrier will not be responsible for damage caused by flood, storm, or hail damage, or any damage done from broken/worn areas of Vehicle. The Carrier will not be responsible for any mechanical malfunctions which include any part of the drive train, electrical systems, cooling systems, stereo systems, power windows, power steering, air bags, braking systems, clutch systems, etc, (anything that is mechanical or electrical).
11. Customer agrees that National Dispatch does not and will not have any liability over Carriers actions prior to, during, and/or, post transportation. The Customer also agrees that the Carrier contracted is solely and completely responsible for any and all liability, and/or any damage with regard to inspecting, loading, transporting, unloading, and delivering the Vehicle, furthermore, the Customer understands and agrees that the Carriers cargo insurance policy may have limits of liability and a deductible stated, and that National Dispatch will be held harmless by the Customer because of any insurance limits and/or insurance deductibles. Customer agrees to hold National Dispatch harmless from any and all claims of recompense for any damage that might happen to the vehicle and the Customer will only address any financial issues pertinent to any claim of damage or inconvenience to the contracted Carrier. Customer further agrees and acknowledges that they will hold National Dispatch harmless for any loss of any kind due to the actions of any rogue Carriers, drivers, bad actors, fraudulent impersonators and/or otherwise untoward scammers whether they be physical, analog, digital or artificial.
12. Customer, or a Customer designated representative thereof, must have any payment, or any remaining balance, due when the Carrier arrives at delivery. Carrier payments must be in either cash, cashier’s check or money order unless an arrangement was otherwise made to use Zelle, CashApp, Venmo, or another agreed upon form of instant payment. Customer acknowledges that if payment is not presented at delivery, then the Vehicle/item will be held until payment is received. Any storage and/or redelivery fees (if applicable) will also be incurred at Customer’s expense.
13. National Dispatch reserves the right to cancel this transportation agreement for any reason at any time.
14. Any items placed inside the car whether declared or otherwise will not be insured and are only shipped at the owners risk. Fees may be added for any undeclared items that are or were placed inside the Vehicle. International shipments are shipped uninsured.
15. Customer agrees that this agreement between them and National Dispatch is the only agreement in effect regarding the shipment of their Vehicle.
16. Customer states and agrees that they have a full understanding of this agreement, are at least 18 years of age, and are able to enter into the terms and conditions of this agreement.
17. Any part or portion of this agreement found to be prohibited by law shall only be ineffective to the extent that the invalid part or portion will not invalidate the rest of this agreement.
18. Any claim, dispute, or other matter in question arising out of, or related to, this Agreement, if not resolved within 14 days following a notice of claim through discussions among the parties’ officers having authority to resolve the claim, dispute, or other matter, shall be subject to mediation as a condition precedent to other dispute resolution. Customer shall bare all mediator’s fees and any filing fees.
19. This agreement shall be, and/or is, facilitated and governed in accordance with the laws of the State of Florida and that any and all actions, motions, or lawsuits brought by either party shall and must be brought in Brevard County, Florida or by the United States District Court for the Middle District of Florida. Customer agrees that all services provided by National Dispatch on behalf of Customer were performed solely in the state of Florida and any and all actions and/or practices to be conducted by National Dispatch under this agreement would have been done or were done also, solely in the State of Florida, County of Brevard. Customer agrees that any judgment obtained in violation of this provision against National Dispatch, shall be deemed null and void. Customer agrees that should National Dispatch need to enforce or defend any part of this agreement or be included in any legal proceedings as Plaintiff or Defendant, Customer shall be liable for, and pay, any and all costs and attorney(s) fees incurred by National Dispatch. Each party hereby irrevocably waives its rights to trial by jury in any Action or proceeding arising out of this agreement or the transactions relating to its subject matter. Facsimile copies of signatures, and/or E-signatures regarding this agreement shall be treated as originals.