Momentum Transport, Transport Service Terms and Conditions

TERMS AND CONDITIONS 1. Customer is the registered legal owner of the vehicle(s) and has authority to enter into this Agreement or has been duly authorized by the legal owner of the vehicle(s) to enter into this Agreement. 2. Customer shall prepare the vehicle(s) for transport by removing or properly securing all batteries, loose parts, fragile or protruding accessories, low hanging spoilers, antennas and other similar items. The Customer shall disarm any vehicle alarm system and provide Momentum Transport with any tools or keys necessary to disarm the system if activated. If the alarm system is activated during the transport of the vehicle, Momentum Transport may deactivate the alarm system by any means that it or the transport driver deems reasonable and effective. Customer releases any claims for damages that are caused by Customer's failure to fulfill these obligations. 3. Customer shall remove all detachable personal belongings from the vehicle(s). Momentum Transport may impose additional fees, in its sole discretion, for the transport of contents left in a vehicle. In no event, however, will Momentum Transport be responsible for the safe transport of any such contents. 4. Customer or his agent, who has been identified in writing to Momentum Transport, shall be present at the point of pick-up or delivery. If Customer or its authorized agent is not present for any reason, the vehicle(s) will be placed in storage, at Customer's cost. 5. All delivery dates and times are only estimates. Momentum Transport does not agree to transport the vehicle(s) in a specific time frame for any particular market or event and will not be responsible for any loss or damage resulting from any delay. NO EXPRESS OR IMPLIED WARRANTIES ARE MADE WITH RESPECT TO DELIVERY TIMES OR DATES. 6. Carrier reserves the right to engage independent sub-contractors to transport or ship vehicles at their discretion. Such independent sub-contractors are required to have adequate insurance coverage and to provide proof of such insurance to Momentum Transport. Their insurance coverage is primary and is responsible for payment of any claims for loss or damage incurred while the vehicle is in their custody and control. In the event of damages incurred while vehicle is in the care of said independent sub-contractor all resulting claims must be directed to the company who physically delivered the vehicle and not Momentum Transport. As a courtesy to our customers, Carrier will, as necessary, act as agent in the claims process in order to facilitate expedient result. 7. If vehicle is vandalized either during shipment or while awaiting shipment, carrier will not be held responsible: owner will have to submit a claim to his/her own insurance or absorb the loss. Shipper agrees that his/her vehicle is insured and his/her insurance has primary responsibility. 8. Nothing in this agreement binds carrier to pick up and/ or deliver to locations from which it is impractical to operate carrier's equipment because of inadequacies of highway, street, or passageways for loading or unloading facilities, local, state or federal law. Customer authorizes Momentum Transport, its subcontractors, agents and employees to drive, park, store and otherwise operate or transport the vehicle(s) in any manner necessary to fulfill the obligations under this Agreement. Customer shall maintain insurance on the vehicle that shall extend to Momentum Transport's operation of the vehicle. IN NO EVENT SHALL MOMENTUM TRANSPORT, ITS SUBCONTRACTORS, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY DAMAGES EXCEPT FOR DAMAGES TO VEHICLES ACTUALLY TRANSPORTED AND ONLY TO THE EXTENT SUCH DAMAGES WERE CAUSED BY MOMENTUM TRANSPORT'S GROSS NEGLIGENCE OR INTENTIONAL CONDUCT. Customer specifically agrees and hereby waives any other claims against Momentum Transport or its subcontractor including, but not limited to minor damages such as scratches, scrapes and chips that result from normal road conditions and wear and tear; damages caused by leaking fluids, battery acid and/or cooling system anti-freeze solution; industrial fall-out; mechanical malfunctions; exhaust assembly; frame; alignment; tire damage; suspension; glass damage; overloaded vehicles; defective or insufficient brakes, parking brake or parking gear; damage to loose, torn or visibly worn convertible tops; damage to vehicle boots, caps, masks, bras or any other type of covering; damage caused as a result of the inoperable condition of the vehicle; damage caused by tie-downs that break or tear due to vehicle's age or condition; damage that is undetectable due to the vehicle's dirty condition at the time of pick-up; or damage caused as a result of acts of God or other Force Majeure events. ADDITIONALLY, MOMENTUM TRANSPORT WILL NOT PROVIDE REIMBURSEMENT FOR AUTO RENTAL FEES RESULTING FROM DELAY, DAMAGE OR ACCIDENT. 9. 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 Momentum Transport or its subcontractor within 15 days of delivery, or, in case of failure of delivery, within 15 days of the date that vehicle was scheduled to be delivered. Customer hereby waives any damage claims that are not noted on the Bill of Lading or for which Customer has not submitted a timely written claim. Momentum Transport shall not be liable directly, in subrogation, or by assignment to Customer's insurance company for any claims paid by the Company. IN NO EVENT SHALL MOMENTUM TRANSPORT BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES. 10. The entire amount of the transport charge is due and payable without discount upon tender of the vehicle(s) regardless of the loss of, or damage to, the vehicle(s) at any stage of the transport. 11. In the event that customer and/or its agent initiates a termination of services after the vehicle has been assigned to a driver for pick up (dispatched), Momentum reserves the right to charge customer and/or its agent a fee in the amount of no less than two hundred and fifty dollars ($250.00) for partial services rendered. 12. Customer and/or its agent are jointly and severally liable for any and all unpaid charges including, but not limited to sums advanced or disbursed by Momentum Transport or its subcontractor and any and all cost of collection, including costs and reasonable attorney fees. Momentum Transport will have a right to lien, to have a security interest, and/or right to possess the vehicle(s) based on, and as a consequence to, any charges that remain unpaid from the Customer and/or its' agents. Any such lien, security interest, and/or right to possess will survive the delivery of the vehicles. 13. Customer shall defend, indemnify and hold Momentum Transport and its subcontractor harmless from any cost, expense, damage, loss and claim, including any third party property or personal injury claim, arising out of or related to Customer's breach of any warranty or obligation hereunder. 14. Performance under this contract shall be excused to the extent such performance is prevented by force majeure. The term "force majeure" shall include acts of God or the elements, acts of a public enemy, acts of terrorism, riots, strikes, labor disputes, fires, explosions, floods, acts or orders of civil or military authorities, or other causes beyond the reasonable control of the party declaring the force majeure events. Such excuse from performance shall continue until the force majeure event ceases to exist. 15. The provisions of this Agreement are severable and the invalidity and enforceability of any provisions herein shall not affect the enforceability of the remaining provisions which shall remain in full force and effect. This Agreement supersedes all written or oral agreements between Momentum Transport and Customer and may not be changed except when in writing by an officer of Momentum Transport. 16. This Agreement shall be governed by and construed in accordance with laws of the state of Texas. The parties further agree that any legal action arising out of this Agreement shall be filed in a court of competent jurisdiction within Harris County, Texas. Customer hereby submits to the jurisdiction of such courts and waives any and all defenses based on lack of personal jurisdiction.