Payment - I hereby authorize ATO to charge my debit or credit card to pay for the deposit, which will be deducted from total cost. Balance due goes to trucker COD. Balance due is to be paid directly to the trucker upon delivery. I will not request a charge back to my credit/debit card for any reason as per these contracts. I have read same, understand them, and agree to comply with them and have a copy of the terms and conditions. I realize that ATO is not liable in the event of damage done by trucking company, that the trucking company is, or for late delivery or non-delivery of vehicle(s) or for reimbursement for car rentals or expenses while awaiting vehicle. ATO and trucker make no guarantee regarding pickup or delivery times, days or dates. I agree that I will not under any circumstances request a charge back on my debit/credit card for any issue that the trucking company is responsible for, i.e. late delivery, possible damage done to vehicle, non-use of vehicle, etc. Also I will not request a chargeback to my credit/debit card due to double booking on my part with multiple companies for the same shipment(s), or for the failure of vehicle to be picked up by a certain day, date or time. I realize that ATO will use its best offorts to move my vehicle as close as possible to the date and times I want. It is ATO's desire to make this move expeditious, safe, and stress free.
Booking Order Terms and Conditions
Whereas client, hereinafter referred to as "shipper," wants to have vehicle shipped and whereas ATO (MC556240) hereinafter referred to as "broker" is a U.S. government
licensed transportation broker, the following is hereby agreed to between the parties: Broker is authorized to act on Shipper's behalf in placing order to ship owner's
vehicle with a trucker of broker's choice. Said trucker will deliver from your pickup (or close to it) and deliver to your destination (or close to it), but does not guarantee any
particular route, truck, vehicle's placement on truck or exactly when, how long or how soon pickup or delivery is to be accomplished.
1. The persons listed at point of pickup and delivery are either legal owners of vehicle(s) to be shipped or hereby appointed agent(s) by the Shipper, for the purpose of releasing or accepting vehicle(s) and approving and/or paying charges. All liability of any nature regarding shipment is the sole responsibility of the actual trucking company which physically moves the vehicle. The trucking company carries all the required insurance except for private property insurance. All have agreed to pay the deductible in case of a claim. Broker is not liable for any insurance claim of any nature whatsoever. Broker is hereby held harmless and indemnified by Shipper for any action or inaction of trucking company. Shipper understands that shipment is subject to all the terms, conditions and exemptions from liability specified on the trucker's bill of lading given and signed at pickup and delivery by the shipper and the trucking company which actually moves the vehicle. All damage claims are the responsibility of and must be handled directly with the trucking company. Shipper releases trucking company from any damage claims unless damage is duly noted and signed by trucking company and Shipper or Shipper's Agent on bill of lading at delivery.
2. DUE TO THE NATURE OF THE VEHICLE SHIPPING BUSINESS, NO TRUCKING COMPANY CAN GUARANTEE ANY SPECIFIC PICKUP OR DELIVERY DATE, DAY OR TIME, ROUTE OR PLACEMENT ON TRUCK.
3. Upon pickup and delivery, Shipper and trucker will examine vehicle and both sign a bill of lading/condition report prepared by the trucker. All physical damage must be noted. In the event your vehicle becomes inoperable at any point, trucker is authorized to have vehicle towed and will be reimbursed by owner C.O.D. If the vehicle is non-operational at the time of placing the order and we are unaware of this fact, or if it becomes non-operational during the shipment, an additional non-op fee of $150.00 will be required. The balance due trucking company must be paid in cash, or cashier's check (if pre-approved by trucking company), at delivery regardless of any damage claim. Such payment will be without prejudice to shipper's rights or remedies at law. Payment to the driver of the balance due without notation of any damage will release trucking company of any liability and will be evidence of a satisfactory delivery. Trucking company is hereby authorized to drive vehicle if necessary for the purposes of loading and/or unloading, pickup and/or delivery to or from truck, or to or from Shipper's home. Shipper must have valid and current insurance throughout course of transaction unless vehicle will not be on public roads. In the event there is no insurance trucker and broker will not be liable for any damage and owner hereby relinquishes right to any claim as well as indemnifies both the trucking company and broker from same. Shipper hereby irrevocably waives right to stop payment on check or cancel credit card payment for broker's service in the event of late delivery or for any damage caused to vehicle by trucking company. No personal effects are to be in the vehicle unless trucker allows it and contents will not be insured unless you insured it. Under no circumstances will broker or trucking company be held liable for loss of personal items.
4. Shipper or Shipper's agent will make all reasonable efforts to arrange to meet with the trucking company to load or unload the vehicle at a safe and legal location, whether or not exact door-to-door service is contracted for. Car must roll steer and brake to be shipped. Shippers assert that it does. Weight restrictions, local ordinances, CCR's, low hanging trees and utility wires, small winding roads and numerous other obstacles may make it dangerous or impossible to pickup or deliver your vehicle exactly to your door, even though it's officially "door to door" service. If we can not get close to your home, we may ask you to meet the driver elsewhere. It's still considered to be door to door service as contracted for. If additional charges can not be paid to the trucking company at time of delivery, Shipper may be required to go to the trucking company's appointed representative or storage facility to pickup vehicle and pay the shipping balance and storage charges, if any, before the vehicle will be released. Obligation will be considered fulfilled by broker once pickups and deliveries are attempted. Repeated attempts to deliver may or may not be made depending on trucking company's schedule as other deliveries need to be made and you could be charged again for re-dispatch. In the event you or your agent has to leave before pickup or delivery is made, you agree to appoint another person (agent) and/or supply us with another address where trucking company can pickup or deliver vehicle in case truck is running late or you or your agent is not available to release or receive vehicle. In the event the vehicle is left for pickup by trucker and no one is available to sign for, inspect and release said vehicle, then no claim for damage can be ascertained and no claim will be made against trucking co. On oversized or over-equipped vehicles there is a higher fee. We will tell you the amount, if any, when we initially quote you. If this amount is not quoted initially because we were unaware your vehicle was oversized or has special equipment, or it was just your oversight, or if you switched vehicles at time of pickup and we then subsequently find out that the vehicle is oversized or has special equipment, then you will be required to the pay an adjusted charge directly to the trucking company upon delivery. Please inquire.
5. Rates are subject to change without notice. If the rate changes, you may cancel your order with no admin fee due us or we will redo your contract to reflect said change. This is not to be construed as bait and switch as you may have a full refund at your option. If you do not promptly release your vehicle to our assigned trucker for any reason, the full admin fee will be considered earned. There may be cases where the shipper or broker does not feel the car is moving fast enough. You have been offered all three levels of service. If you have purchased the least expensive (economy) rate, or the middle rate, we may ask you if you want to upgrade the service to a faster service. The car should move faster at the higher rate as the trucker will be paid more money. If you want to do this to expedite your move, a portion of the extra money will be paid by you to the driver directly COD. You are under no obligation to do this. This is not to be construed as bait and switch as you do not have to change your level of service. It's your choice. We will always try to move your vehicle for the amount originally contracted. Upon receipt of your order the work will commence immediately. We will not charge your credit card until we dispatch your car to a trucker. Broker will, if requested by you in writing, after 21 business days, cancel your order without charging the entire admin fee. You irrevocably agree that if you cancel your order in less than 21 business days the full admin fee will have been earned and we will be entitled to charge the admin fee. The admin fee is the amount we earn for our services, working on your order to get your vehicle placed with a trucker such as posting on web sites and dealing with truckers, setting up a file, etc. Once we receive your order we go to work immediately for you. Only your cancellation would cause us to stop working. The full admin fee which is our fee for working on your order will have been earned immediately upon it's receipt by us no matter how far along the process is if you cancel in less than 21 business days (unless we have agreed to any other arrangement in writing), because we have administrative duties which commence immediately upon receipt of your order. Further, you agree that no verbal guarantees of any pickup or delivery times have been made. Further you agree not to institute or join in any legal proceedings of any nature against broker regarding your freely relinquished and retained cancellation fee. If trucking company attempts pickup or delivery, but Shipper will not release or accept delivery of vehicle for any reason, the full shipping charge will at that point be considered fully earned. If trucker is still available to accomplish service, customer may have to pay for the additional pickups or deliveries again. Please do not double book your shipping order with other companies. If another trucking company not assigned by us to pickup your vehicle, picks up your vehicle while we have your order, your full admin fee will be charged. In the event our trucking cost decreases in any transaction we are allowed and hereby authorized to subsequently increase the admin fee or deposit later on, provided the COD is reduced by the same amount. It is difficult to determine exact truckers costs as they change frequently. We are hereby authorized to increase the amount of the check or credit card charge you authorized us as the admin fee, provided that the COD is reduced by the same amount, so that the total amount for shipping stays the same. In the event we raise the deposit amount above what you are initially charged you and you end up canceling your order with no refund due you, the amount of the original deposit will be charged, not the increased amount.
6. All terms and conditions of this transaction are included herein on this page, the shipping order page and the credit card/check authorization page. Please make no changes, whiteouts or cross-outs without prior approval as they will not be considered accepted or even acknowledged by us unless initialed. The car will be shipped and the contract will be valid as if changes did not occur. No oral representations have ever been made. Any changes to this transaction must be in writing and initialed to by both parties. This agreement supersedes any other agreements regarding this transaction, whether verbal or written. In the event of a breach or a perceived breach in this agreement, the perceived acceptance of said breach, or if said breach is not cured, this does not invalidate the balance of this agreement. Shipper acknowledges corporate identity as Auto Transporters Online. In the event of a lawsuit being filed all court cost and attorneys fees will be paid to prevailing party. Any lawsuit against us must be filed in small claims court in San Diego, California. Shipper relinquishes any rights to jurisdiction in any other venue or state other than San Diego County.