800-639-1656 603-627-4266 info@professionaldrivers.com |
the judge|
Contract Terms and Conditions
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This is a real contract from a sample Auto Drive-away company. Let's look at it and compare it to Professionl Drivers, Inc. |
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1. The customer is responsible for preparing the vehicle for transport. Including: disarming any alarm systems (keys must also be provided to any alarm system), removing any loose parts, protruding accessories, low hanging spoilers, etc. Any part of the vehicle that falls off during transport is the customer's responsibility including damages caused to any and all other vehicles involved. |
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2. The vehicle owner or customer must, in their absence, designate a person to act as their agent at the point of pickup and/or delivery, if for any reason they are unavailable. |
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3. The transporter will not be responsible for any exhaust system, mufflers, or tail pipes, any mechanical function damage to include engine, transmission, rear end, motor mounts, drive trains, wiring systems, cooling systems, window motors, radios, stereo systems, power steering, air bag, brake systems, clutch cable or clutch, vehicle computerized components, alarm systems, (anything that is mechanical or electrical.) Except by fault of drivers negligent. |
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Keep an eye on the ever-increasing list of things for which they aren't responsible. |
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4. The transporter will inform the customer by phone prior to delivery. It is the customer’s responsibility to have the full payment ready when the transporter's driver arrives. In order to affect pick up and delivery of the vehicle the customer agrees to meet the transporter's driver at a reasonable time and place. |
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5. The transporter will not be responsible for damage caused by freezing of engine, cooling system, batteries, or due to leaking fluids. |
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Not responsible again |
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6. Pickup and delivery dates are only estimates, there are no guarantees. No exceptions. The transporter or broker will not be held responsible for delays for any reason. The transporter or broker is not responsible for damages caused by delays (i.e.: rental car reimbursement). |
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While unforseeable circumstances CAN occur, Professional Drivers makes every effort to deliver your vehicle EXACTLY when we promised to deliver it. As a matter of fact, we often meet our clients at the airport with their vehicle. |
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7. The customer verifies the vehicle is free of contents. |
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Professional Drivers is one of the few delivery services that allow you to transport your vehicle filled with your personal possessions. This will save you considerable shipping charges. |
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8. The Transporter will not be responsible for any convertible tops that are loose, torn, or have visible wear, vehicle boots, caps, masks, bras, or any other type of canvas or material covering. No exceptions. |
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Not responsible again |
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9. Exceptions for damage must be noted on the post trip inspection form at the time of delivery, a claim for damage not documented on the post trip inspection form will not be honored. All claims must be made in writing within 15 days of delivery with a statement of specific damages claimed. No auto rental will be honored for delays, damage, accidents or any other reasons. |
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Just another way of saying "not responsible" |
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10. All payments for transport must be in the form of cash or cashier's check. The customer agrees that if the payment cannot be made at time of delivery, the vehicle will be stored at the customer’s expense. Should the customer be unable to accept delivery for any reason, the vehicle will be stored. Any and all storage and/or delivery or re-delivery charges will be the responsibility of the customer. We have the right to cancel at anytime for any reason. |
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Professional Drivers accepts Visa, Mastercard and personal checks. We also don't insist on payment in full before we hand over your keys. And just notice how harse those storage changes are. |
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11. If a truck is sent to acquire the vehicle and it is not there or is unavailable or has been moved, or cannot be picked up for any other reason an additional $100.00 fee will be added to the transport cost. |
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At Profesisonal Drivers, we never use trucks to transport your vehicle. You contracted for auto drive-away, and that's what you get. |
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12. The transporter has the primary insurance responsibility. |
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13. All claims will be settled at actual cost. |
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14. No claim or legal action of any kind may be initiated against the transporter's agency or the transporter broker (if any). All claims for damage must be made to the transporter. |
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Professional Drivers will never broker out the delivery of your car. We only used drivers known and trained by us. Many companies just put and ad in the newspaper and hire the first person to respond. |
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15. If the customer were to send a cashier's check, money order or personal check for the deposit amount or the total amount and a stop payment was issued on the check or money order the customer would be sent to our collection agency immediately and charged the original amount sent plus a 40% collection fee. |
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16. The Transporter will not be responsible for any damage not resulting from transporter negligence. |
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This clause must be here just in case you didn't notice all the others. |
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17. We charge a two hundred dollar deposit. Customer must allow fifteen business days from first date of availability for vehicle to be assigned to a carrier, if said customer's car has not been assigned to a carrier within the fifteen business days, the customer is entitled to a full refund. Please note refunds can take up to thirty days. If customer does a charge back prior to thirty days, customer agrees they will be taken to small claims court and agrees to pay all filing, administration and attorneys fees. |
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This is an odd paragraph. If you read it carefully, along with paragraph 15 it says that you have to send a deposit, once the check clears, they have 15 business days to "assign a carrier". That tanslates to up to 4 weeks before you know for sure whether or not they will actually transport your vehicle. |
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18. In the event that the customer decides to cancel their order it needs to be in writing. Upon receiving cancellation for the order this company is no longer obligated to arrange transport of the vehicle(s). However, in the event that the vehicle(s) were assigned before cancellation of the order you will incur a $200.00 charge because you failed to properly cancel the order. The driver incurs charges to try to facilitate the pickup of the vehicle and was unable to do so due to the customer canceling the order. By submitting your order the owner/agent gives up the right to pursue any legal action in this matter. |
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19. If upon numerous attempts to make contact to schedule delivery by one or more order contacts the carrier cannot make delivery of vehicle(s); the vehicle(s) will be taken to closest terminal, at the discretion of the carrier and/or broker. All COD's, terminal fees, storage fees, additional trucking fees, if any, would be due and payable to the transport company either in cash or cashier's check before release of vehicle(s) to customer or customer representatives. |
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20. The customer agrees that should this vehicle become inoperative for any reason during the transport, a $350.00 (three hundred fifty) winch fee will be added to the transport charge and will be collected at time of the vehicle delivery. Except for dead batteries. This charge must be paid by cash or cashier's check no exceptions. |
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You are bound to the above-mentioned Terms and Conditions upon submitting your order. By submitting an order you are stating that you have read, accept and agree to the above terms and conditions. |
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Caveat Emptor! Let the buyer beware! |
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