TPS Contract Terms & Conditions
TPS Order Number: [order-number]
The following is our order contract terms & conditions for using our transportation services here at Transport Premier Services.
Definitions: “Carrier” refers to Transport Premier Services (TPS) and its employees, agents, parents, subsidiaries, and companies including any third-party carriers involved in the movement of the Vehicle(s) described herein. “Shipper” refers to person or persons identified on this document and for whom the services and carriage are being performed. “Vehicle(s)” refers to the cargo being carried for the Shipper.
Delivery and Acceptance Conditions: Shipper shall remove all non-permanent outside mounted luggage or other racks prior to shipment. Shipper shall not deliver Vehicle to Carrier with more than 1/2 tank of fuel on domestic moves and 1/4 tank on international moves. At delivery to Carrier, Shipper must furnish Carrier with the key to the ignition, doors and trunk. If Shipper has an alarm system, it must be deactivated, except those systems activated by the door lock. In addition to the below disclaimers, limitations and legal rights, Carrier shall not be liable for: damage or loss of loose parts or special equipment not listed on this document; damage caused by vehicles with non-working or defective brakes; vehicles unable to be driven on and off the transport truck under the vehicle’s own power; and repossessed vehicles. Carrier reserves the right to refuse service.
Cancellation: If cancellation is received after the Vehicle is dropped off to Carrier or picked up by Carrier, the Shipper will be responsible for a cancellation fee and any other transportation or storage fees that may apply. If TPS has confirmed pickup/delivery date & time with the customer and the vehicle is not available or in a condition to safely ship at the agreed upon time, a minimum dry run fee of $150 shall apply. Liability Disclaimers, Limitations and Legal Rights
Carrier is not responsible for consequential damages of any kind, in any way related to this Contract or the relationship between the parties to this document, including damages sought under tort and equity theories, and specifically including, but not limited to, vehicle rentals as a result of delay or damage to the vehicle, or any other reason whatsoever.
Personal affects and property shall NOT be left in the vehicle. Carrier is NOT responsible for personal affects or property of any kind in the vehicle. Vehicle must be tendered to Carrier in good running order; otherwise, Shipper may be subject to additional fees. Carrier is NOT responsible for C.D. players and changers, radar detectors, GPS, navigation systems, stereos, car phones, cassettes or any other non-stock items.
The following items “CAN NOT” be transported within the Shipper’s vehicle: hazardous 7/1/15 9:19 PM http://addendum.dasautoshippers.com/(S(bnwwsa0uwxin0mdmqnubbsd2))/viewaddendum.aspx?template_id=2 Page 2 of 3 materials; corrosive cleaning products; gas containers; plants; paint cans; aerosol cans; propane tanks or foods.
Carrier shall in no event be liable for acts of God, acts of Public Authority, acts of public enemy, acts of Shipper or inherent vice. Shipper agrees that the liability of Carrier for loss of damage to the Vehicle is limited to a maximum coverage up to the Actual Cash Value (ACV) of the Vehicle or $50,000.00, whichever is less. A $250.00 deductible shall apply to all physical damage claims for which coverage applies. Any claim for loss or damage must be noted on the condition report at time of delivery and actual notice of the loss must be made, in writing to TPS, P.O. Box 1902, New Caney, TX 77357, and marked “ATTENTION CLAIMS”
Carrier shall not be responsible for any undercarriage damage or damage caused by leaking/foreign fluids, nor shall Carrier be responsible for mechanical functions, exhaust assembly, alignment, suspension, air dams, tires, rims, convertible tops, louvers, spoilers, fog lights, freezing of cooling systems, or antennas. Carrier is not responsible for interior inspection or condition. Carrier is not responsible for damage caused to or by tonneau covers and bed liners. Carrier shall not be responsible for diminished or loss of market value, nor shall Carrier be responsible for loss of use or loss of time.
Shipper warrants he will pay all sums due Carrier for delivered vehicles and will not seek to charge back a credit card or stop payment on a check to offset any dispute for damage claims and will abide by the terms of this contract to handle such disputes. C.O.D. payments, if allowed, must be by cash or cashier’s check only, payable in the Linden, NJ, Carson, CA or Mesquite, TX offices only. All other retail orders are to be prepaid. Carrier shall have a possessory lien on the vehicle for all sums due but not paid and may refuse to release the Vehicle until payment is rendered or adequate surety for payment is provided. If the Vehicle is not claimed from one of the Carrier’s terminals within 30 days of its arrival, the Carrier will seek legal title to the Vehicle and may sell it or otherwise dispose of the Vehicle as allowed by the law.
Vehicles remaining at the Carrier’s origin or destination terminals may be subject to daily storage fees beyond the fifth day. Vehicles remaining at the Carriers origin terminal due to non-payment are subject to storage fees beyond the first day.
Shipper acknowledges that Carrier may subcontract with or direct third-parties, including other carriers and warehousemen, to provide services and carriage under this Contract and that those third-parties shall enjoy the benefit of all legal protection and rights under this Contract, including all limitations of liability and defenses afforded the Carrier hereunder.
This Contract supersedes all prior written or oral representation of Carrier, constitutes the entire agreement between Shipper and Carrier, and may not be altered, except in writing and signed by Carrier’s duly authorized representative.
This Contract shall be governed by Title 49 U.S.C. §14706 and the laws of the State of Texas where Title 49 is silent. Any action related to this Contract must be brought in the federal court having jurisdiction in and for Mesquite, Texas or the state court in Mesquite, Texas in the event the federal court lacks jurisdiction. Shipper waives trial by jury. Shipper waives all claims against Carrier if actual written notice of the claim to Carrier is not made within 60 days of the date of the incident giving rise to the claim, and any civil action related to this Contract is waived if not made within 2 years of the date the Carrier gives written notice of denial of any part of the claim specified in the notice.
This supersedes all prior written or oral representation of Transport Premier Services and constitutes the entire agreement between shipper and Transport Premier Services and may not be changed except in writing signed by an officer of Transport Premier Services.