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NAO AUTO
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Shipping Contract Bill of Landing Terms and Conditions 1. These
contract Terms and Conditions describe mutual benefits and duties of “Shipper”
who owns the “Vehicle” shipped or his/her agent who ordered transport and NAO
who will freight forward this shipment.
2.
NAO
shall ship the subject Vehicle from Origin to Destination pursuant to the
vehicle Relocation Order Confirmation (VROS) and the Automobile Transport
Instructions and Information issued by NAO or its agents. Both of these
documents are integrated here to as though fully set forth. All fees shall be
paid before Delivery unless Shipper or its Agent establishes a Credit Account
with NAO then Account Terms will govern. Shipper, its Agent, Consignor, and
Consignee agree to be jointly and severally liable as “Shipper” for any and all
unpaid fees.
3.
Fees
include Transport Charges as agreed to by the Shipper and NAO. Other fees may
include charges for problems not caused by NAO a bank refuses any payment by
check or credit card for any reason, a $35 fee shall apply. If Shipper fails to
meet pick up or delivery schedules as previously agreed, Shipper shall pay NAO
costs if a carrier travels to the Shipper but is unable to pick up or deliver
the Vehicle. Shipper agrees to pay all storage costs if the Vehicle is not
taken at Delivery on schedule. If the Vehicle is or becomes inoperable though
no fault of NAO or its carriers, Shipper agrees to pay a minimum fee of $200
and actual handing costs. If the vehicle requires emergency repairs through no
fault of NAO its carriers, Shipper agrees to pay actual repairs costs. If
payment is not made at Delivery for any reason, Shipper agrees to pay interest
at the rate of 1.5% per month on all accounts or owed balances. Refused or
unclaimed Vehicle will be sold as liened, security (UCC Art.9) property.
Shipper agrees to pay all costs of collection. Fees must be paid in full before
review or payment of any Claim.
4.
NAO
is shipping only the subject Vehicle (s) and is prohibited by U.S. Dept. of
Transportation (“DOT”) law from shipping any personal property with such
Vehicle. Shippers must remove all items from the Vehicle prior to transport. No
clothing, electronics, music, sport equipment, or other personal items not
built into the Vehicle may be shipped in the Vehicle compartment or trunk. If
discovered in transit, such items may be secured or removed including antennas
that do not retract, bed liners, shells, front car cover, or other covers or
tarps. The Vehicle must be clean enough to inspect and report its condition
prior to transport.
5.
Shipper
and NAO agent will inspect Vehicle at Origin to note major defects. Report of
overall condition on Vehicle is not to completely describe every defect. Minor
defects are from normal use and pre-existing damages are not Transport related
damage. Shipper will document Vehicle condition prior to shipping, else waive
any claim. No claim will be considered for damage after transport as might have
existed considered for damage after transport as might have existed before
transport. The Shipper or its authorized agent shall inspect the Vehicle at
Delivery using the same standards as at Origin. All Transport Related Damage
must be noted on this inspection at the time of delivery. NAO is not responsible
for claims except as reported at Delivery, all claims must be reported to NAO
main office with in 48 hours. Shipper is responsible for actively
participating in accurately describing all problems at that time regardless of
the time of day, weather, or lighting conditions. Transport Damage does not
include or apply to any: mechanical; electrical; undercarrical;
undercarriage or engine equipment; malfunctions;
or damage; personal articles left in the Vehicle; antennas; cloth or
vinyl tops more then 2 years old are damage caused by their failure, or weather
conditions; any canvas coverings; freezing or any sort; leaking fluids of any
kind or source; fumes or odors; materials flying up from the roadway or out of
the sky; exhaust system; muffler; tail pipes; alignment; suspension; Acts of
God; or minor defects as from normal use of such Vehicle or pre-existing
defects, or exacerbated defects, Transport Damage only relates to exterior items
inspected at Origin and Delivery. Any vehicle that is considered or is
transported under SALVAGE, PROJECT, RESTORATION or in process of being worked
on will not be a subject to any kind of claim or noted damage regardless of the
condition said or described vehicle at origin.
6.
NAO
agrees to deliver the Vehicle within the range of dates noted by VROC. NAO is
not responsible for delays caused by Acts of God beyond its control such as
fires, floods, hail, quarantine restrictions, strikes, freight embargos, public
enemies, and extreme weather conditions. If delivery is operationally delayed,
Shipper may be eligible for NAO Delivery Guarantee whose terms and conditions
govern such eligibility. Otherwise, NAO makes no warranties for car rental for
any reason. Damages do not include consequential or incidental costs.
7.
Claims
for Transport Related Damage must be reported at time of Delivery and a written
claim for Transport Damages must be made within 48 hours. Any hidden
damage must be reported within 48 hours of delivery. NAO shall, at its sole,
option, pay the lesser of reasonable actual repair costs adjusted for prior
condition or, unless otherwise agreed to by both parties, average retail value
as published by NADA less salvage value NAO is not responsible for any claim of
any “diminished market value” Damages do not include consequential or
incidental costs including rentals. Any liability for any costs except repair
or replacement is expressly excluded.
8.
NAO
is a Freight Forwarder licensed by U.S. DOT whose laws and regulations govern
this transaction. These Terms and Conditions form an integral part of the Bill
of Lading and Contract for Carriage as such terms is defined by title 49
U.S.C.A. as governs this transaction. Any modification to these Terms and
Conditions must be in writing Parties
hereby agree to waive any and all rights to Judicial Litigation. In
case of any controversy arising from or out of this transaction, any party
claiming any rights related to this transaction agrees to arbitrate any and all
controversies as provided by Title 9 of the U.S Code. The only proper venue is
Spokane County, Washington.
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