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Terms and Conditions
For the purpose of this Agreement “customer name” listed on dispatch sheet shall hereinafter be referred to as “Customer”.
It is understood and agreed by the Customer that Nationwide Auto Transport (hereinafter referred to as “Nationwide”), is a broker and is not the actual transporter.
Customer warrants that it is the registered legal owner of the vehicle, or that it has been duly authorized by the legal owner to enter into an agreement for transportation of the vehicle.
It is understood and agreed that the indicated pick up date, stated on the dispatch sheet, unless otherwise specifically guaranteed in writing, is strictly estimated, and Customer agrees that Nationwide is not responsible or liable for any claim or loss of any kind in the event the auto transporter obtained by Nationwide for Customer is late in picking up Customer’s vehicle and/or delivering Customer’s vehicle, regardless of the length of the delay.
It is understood and agreed upon that should the vehicle(s) contracted for pick up as a running unit become inoperable during transport, an inoperable fee of $200.00 will be added per inoperable vehicle upon delivery.
It is understood and agreed that if a carrier cannot deliver or pick up a vehicle directly to or from the customer’s door due to restrictions, or inaccessibility, it is the customer’s responsibility to meet the driver at a designated location.
All delivery dates and times are only estimates. Nationwide 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 delay. No express or implied representations or warranties are made with respect to delivery times or dates.
It is understood and agreed that Nationwide will not be liable for or reimburse any auto rental accruals, fees, or any other additional expenses incurred.
Customer acknowledges and understands that the insurance advertised is not insurance purchased by Nationwide on Customer’s behalf, but rather is insurance represented by the auto transporter’s insurance company.
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 the transporter. In no event shall Nationwide be liable for any indirect or consequential damages.
This agreement shall be construed and governed in accordance with the laws of the State of Missouri and any and all actions, causes of actions or lawsuits brought by either party shall and must be brought in the applicable state court in and for Howell County, Missouri. Customer agrees that the services provided by Nationwide for Customer were solely in the State of Missouri and any and all actions and for obligations to be conducted by Nationwide under this agreement would have been done or were done solely in the State of Missouri. Customer agrees that any judgment obtained in violation at this provision against Nationwide shall be deemed null and void. Should Nationwide be required to enforce or defend any provisions of this Agreement or be involved in any legal proceedings as Plaintiff or Defendant, Customer shall be responsible for and shall pay any and all costs and reasonable attorney’s fees incurred by Nationwide.
Any notice required to be given by Customer to Nationwide pursuant to this Agreement shall be sent and shall be considered to be delivered on the date when delivered to Nationwide by pre-paid U.S. Registered or Certified mail, return receipt requested, properly addressed to: Nationwide Auto Transport, 1706 West 9th, West Plains, MO 65775. No facsimile or telephone call by Customer or on Customer’s behalf shall be deemed sufficient notice under this Agreement. Likewise, no notice(s) sent by regular mail by Customer to Nationwide shall be deemed sufficient under this provision and/or Agreement.
In the event that any provision(s) of this Agreement shall be held invalid or unenforceable, the remaining provision(s) hereof shall remain in full force and effect. If any provision is held invalid or unenforceable in any particular circumstance, such provision shall remain in full force and in effect in all other circumstances. If any provision contained herein should be determined to be unenforceable, invalid or illegal in any respect for any reason, such provision shall be revised and/or interpreted to make enforceable to the maximum extend permitted by law. No waiver by Nationwide of any breach by Customer of any term, covenant or condition of this Agreement shall be deemed a wavier of any other breach, prior and/or subsequent of the same or any other form, covenant, or condition of this or any other agreement. No waiver or specification of any term of this Agreement shall be deemed valid unless by express agreement in writing subscribed to by the parties hereto.
This Agreement sets forth the entire agreement and understanding for the parties hereto with respect to the subject matter of this Agreement, superseding any and all prior and/or contemporaneous promises, agreements or understandings, written or oral, pertaining thereto.
Customer(s) represents that he/she is over the age of (18) eighteen and is otherwise permitted by law to enter into this Agreement. Customer further acknowledges that he/she has had ample opportunity to read this Agreement prior to entering into same and that he/she understands the terms and provisions of this Agreement and has voluntarily entered into same.
Customer may not unilaterally change any term or condition of this Agreement without the express written consent of Nationwide. Nationwide expressly rejects any term of Customer which purports to bind Nationwide to Customer’s terms without negotiation. If Customer regards any terms herein as unsatisfactory, Customer should promptly notify Nationwide so that the parties can determine if mutually satisfactory terms can be agreed upon. If the parties do not expressly agree in writing to modification; these terms will control.
Customer understands and agrees that should Customer fail to execute or return this Agreement, by allowing a carrier designated by Nationwide to pick up Customer’s vehicle(s), Customer expressly agrees and consents to the terms contained in this Agreement.