Client understands that by providing pickup and delivery addresses of vehicle(s) and/or providing credit card details is hiring the services of King of the Road Transport, Inc. (hereinafter referred to as ‘KOTR’), a federally licensed and bonded transportation brokerage (MC#744845), to arrange the shipment of Client’s vehicle with a federally licensed and insured Contract Carrier (hereinafter referred to as ‘Carrier’).
KOTR agrees to provide a reliable and insured carrier to transport vehicle(s) as promptly as possible in conformance with Client’s instructions but cannot guarantee pickup and/or delivery on a specific date or time. Client may request pick up dates, but understands that while KOTR will do all that can be done to meet Client’s requests, due to the nature of the industry, such dates can only be requested and not guaranteed. Once a carrier is assigned to transport vehicle(s), Client will be given the projected dates of pickup and delivery as well as the Carrier name and direct phone number. Any dates given by KOTR are Carrier’s computations only and are provided solely to assist the Client and Carrier in the arrangement of their schedules. Dates provided for pick up or delivery are never guaranteed, as certain unforeseeable conditions can alter a Carrier’s schedule ( i.e. weather and road conditions, scheduling or mechanical issues, a late customer, etc.). As such, Client may never hold KOTR liable for costs incurred as the result of any delays, including (but not limited to) any car rental fees or accommodation fees for Client. Also, Client understands and agrees to make themselves and/or Client’s designated agent(s) (hereinafter referred to as “Agent”) available at all times necessary through phone or email provided to KOTR for any transport related issue until delivery of vehicle.
The total price for the transport is factored using numerous pieces of information including (but not limited to) the size and/or weight, length, height of the vehicle(s), as well as any non-stock modifications. Misrepresentation to KOTR of vehicle(s) size, weight and/or any modifications may result in additional fees and/or cancelation of the order. Modifications include (but are not limited to): extended cab, crew cab, long bed, diesel, 4×4, dually, side steps, flip top conversion vans, extended length cargo vans, over sized (non- stock) tires and/or rims, lift kits, roof /ladder racks, lowered, ground effects, spoilers, fog lights, tool boxes, etc. Deposits are never refundable in orders canceled due to misrepresentation of vehicle(s).
Once the vehicle(s) is(are) dispatched and a Carrier has been scheduled to pick up Client’s vehicle KOTR’s fee/deposit is due and payable in full. KOTR will not charge the Deposit (which constitutes KOTR’s service fee) until Client’s vehicle is picked up by the Carrier assigned for shipment. Upon booking King of the Road will authorize Client’s credit card for the Deposit amount, but no funds will be drawn until Client’s vehicle is picked up. Upon releasing vehicle(s) to the Carrier selected, Client accepts the services from KOTR to be satisfactory and complete. Any service fees or deposits unpaid by time of delivery will be added to the remaining balance and either collected by Carrier on delivery or charged on the credit card provided in this agreement before the vehicle(s) will be released at delivery. All deposits and service fees are final and non-refundable.
Vehicle(s) is (are) considered in operational condition and must be able to be driven onto and off of Carrier’s truck under vehicle’s own power at all times during shipment unless clearly noted on Client’s order as non-running or inoperable(‘INOP’). INOP vehicles must roll, steer and brake. If vehicle does not meet all three of these conditions, additional fees may apply. Vehicles that become non-operational during shipment, for any reason, will be subject to an additional, industry standard, non-operational fee of One Hundred and Fifty Dollars ($150.00). If vehicle is INOP and Carrier cannot physically reach the pick up or delivery location, a local tow truck may be used to assist in the service at the expense of Client. Also, any Client shipping INOP vehicle(s) may be required to help load or unload at Carrier’s discretion.
Client agrees and understands that vehicle(s) must be free of cargo as neither KOTR nor Carrier are licensed or insured to handle the transportation of “Household Goods”. Damage to, loss of, or fines issued to Carrier resulting from any unauthorized cargo present in vehicle during shipment are the sole responsibility of Client. In addition, Client must prepare vehicle for transport by providing any and all keys, disarming and providing necessary remotes for any alarm systems, and removing or retracting all antennas, loose items and/or protruding accessories from vehicle. No electronic equipment, valuables, plants, live pets, alcohol, drugs or firearms may be left in the vehicle. KOTR may not be held responsible for any damage to, loss of or damage caused by items left in Client’s vehicle during transport.
It is Client’s responsibility to ensure that vehicle(s) is(are) ready to be released to the chosen Carrier by the projected pickup date provided by Client at the time of order placement. Failure to release vehicle(s) for any reason (including but not limited to: storage, auction, port, towing, mechanical, purchase fees, scheduling or personal issues, etc.) may result in cancelation and/or a ‘Dry Run’ fee . Standard fee for ‘Dry-Run’ is Two Hundred and Fifty Dollars ($250.00). Client may elect to reschedule a new Carrier through KOTR (additional fees apply). All deposits are final and non- refundable.
Carrier will be in touch with Client or Agent by phone at the numbers provided by Client in order to schedule an appointment for pickup and delivery of vehicle(s). It is Client’s sole responsibility to verify that all contact phone numbers and email addresses given to KOTR, and consequently Carrier, are correct. In the event Client or Agent is unable to meet Carrier at the appointed time for delivery and/or make payment of balance due, vehicle(s) may be stored in a facility chosen by Carrier at Client’s expense. KOTR will not be held responsible for any storage fees.
Payments for the balance due to Carrier (COD) must be made on or before delivery of vehicle(s) unless payment on pick-up (COP) is prearranged or payment was made in full to KOTR at the time of order placement (Full- Payment). All COD payments must be made directly to Carrier in the form of cash, cashier’s check or money order payable to Carrier’s company name ONLY.
This contract is subject to all of the terms and conditions of Carrier’s straight bill of lading and any liability exclusions therein. KOTR has no responsibility or liability for any damage to vehicle(s) and/or the contents of said vehicle(s) during transport or at any other time. Client or Agent should under no circumstances release or receive vehicle(s) from Carrier without an inspection report (Bill of Lading/BOL) regardless of the time of day or weather conditions. Carrier and Client, or Agent, are required to verify, sign and obtain a copy of both pick up and delivery inspection reports. Failure to do so may result in Client’s inability to file a damage claim. Carrier’s insurance will ONLY process claims for damages due to Carrier’s own negligence. Damage must be reported to KOTR within 24 hours of delivery and clearly listed on the BOL and signed by Carrier’s driver, no exceptions. In the event there is damage during transport, Client (or designated Agent) must note those damages on the final inspection report, pay the remaining balance stated on this agreement (all monies owed for transport must be paid) and then contact Carrier’s main office as well as Carrier’s insurance company. Failure to note any damage on the final inspection report releases Carrier of any liability and could result in the inability to process a damage
claim.
Neither KOTR nor Carrier can be held responsible for damages caused by vandalism, acts of God (hail, fire, sandstorms, flooding, snow, tornadoes, earthquakes, hurricanes, etc.), objects flying from the road or objects falling from the sky during transport.
All Carriers selected by KOTR must maintain the required insurance to protect Client’s vehicle(s) during transport. Once vehicle(s) have been dispatched to the selected Carrier, KOTR will email Client a copy of Carrier’s Operating Authority along with a copy of the active insurance, as well as, anyand all pertinent contact information for Carrier. Copies of Carrier’s direct billof lading must be obtained from the Carrier’s driver and/or Carrier’s office at the phone numbers provided. KOTR grants their clients the right and ability to refuse the service of the selected Carrier based on this or any other information and to request to be set up with a different Carrier by KOTR. Refusal of Carrier must be done at least 24 hours in advance of scheduled pick up and will result in a $50 rescheduling fee that will be charged in addition to the deposit on the credit card provided.
In the event that Carrier is unable to safely access the pickup or delivery addresses given by Client (due to, but not limited to: entrance restrictions, low hanging branches, and/or narrow streets), Client agrees to meet Carrier at a nearby location in order for Carrier to safely perform his service. Inability to meet Carrier at pick up and/or delivery may result in additional fees.
Client understands that the vehicle(s) will be driven onto and off the truck at the driver’s discretion.
KOTR guarantees the pickup of Client’s vehicle within 5 business days starting at the first available date provided by Client (applies only to standard, unmodified, stock Cars, SUVs, Small and Midsize Pickup Trucks and Motorcycles shipping on an Open Carrier within the continental US . All other vehicles, enclosed shipments and Non-Continental US shipments will be picked up within 10 business days from first available date). If KOTR fails to pick up Client’s vehicle within these terms Client can opt out of this agreement with no penalties. If this agreement is canceled by Client anytime between the booking date and the final day of the agreement and a carrier hasn’t been assigned for such transport, a $75 cancellation fee will be charged to the credit card provided at the time of booking. Once a Carrier has been assigned, the deposit is due in full and non-refundable.
Client agrees and understands that these terms and conditions are the only contract between Client and KOTR. This document is binding as it supersedes any and all verbal or written communications, and as such may not be changed or altered by KOTR, Client or Agent. Client cannot unilaterally change any terms of this agreement, no exceptions.
Client agrees to allow KOTR to be the only broker entitled to organize the shipment of their vehicle(s) for the duration of this agreement. Client understands that once this agreement is entered, booking the shipment of their vehicle(s) with other brokers or have other brokers list said vehicle(s) in any National Load Boards or Transport Networks hinders KOTR’s ability to properly fulfill this agreement and constitutes a breach of contract. As such, Client’s order may be considered canceled and the corresponding cancellation fee may apply.
This agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties further agree that any legal action arising out of this agreement must be filed in a court of jurisdiction within Broward County, Florida and that KOTR’s liability is limited to the amount of KOTR’s service fee only. Client hereby submits to the jurisdiction of such courts and waives any right to jurisdiction in any other location.
KOTR and/or its carriers shall never be responsible for:
