1. Shipper warrants that it is the registered legal owner of the vehicle, or that it has been duly authorized by the legal owner to enter into agreement for transportation of vehicle(s).


2. In the event that Shipper cancels this order after the automobile order has been accepted, and the terms and conditions are agreed to by both parties, and the transportation order has been scheduled for pickup, dispatched or assigned to a driver or transporter, insured by a driver or transporter, the Shipper shall pay Suburban Shipping Inc. a minimum cancellation charge of $235.00, in addition to any other amounts due under this agreement. Credit card cancellations will pay all applicable transaction fees.


3. Shipper, upon tender of shipment to Suburban Shipping, or its agents, and the consignee, upon acceptance of delivery of shipment or its agent, shall be jointly and severally liable for any and all unpaid charges payable on account for shipment, including but not limited to, sums advanced or disbursed by Suburban Shipping or its agent on account of such shipment and any and all costs including reasonable attorneys fees, and collection fee’s.


4. Shipper shall not leave personal belongings, including personal property, that which is not factory installed, and not a part of the vehicle.


5. Unless the order has been pre-paid or other arrangements have been made, Shipper shall pay all COD amounts, including any additional charges, in cash or certified funds.


6. Shipper shall pay all costs, including without limitation, storage, towing, and any additional delivery costs incurred as a result of shipper’s breach of any warranty or obligation under this Agreement. Signing the Bill of Lading or Vehicle Condition Report at destination without notation of damage shall be evidence of satisfactory delivery of the vehicle.


7. Suburban Shipping or its agents shall not be liable for the following:
   
   
   
   1. Damage caused by leaking fluids, battery acids, cooling system antifreeze solution, industrial fallout, or damages caused by the Act of God;
   
   
   2. Damage that is undetectable due to vehicle’s dirty condition at the time of pickup, or any damage caused by normal wear and road use hazards;
   
   
   3. Damage to convertible tops, removable tops, sunroofs, T-Tops, or tonneau covers if shipped via open carrier.
   
   
   4. Damage to exhaust assembly, frame, and alignment problems; tire damage, suspension problems, ground effects, and/or engine tuning;
   
   
   5. Auto rental accruals;
   
   
   6. Carriers responsibility for the described vehicle commences when the Vehicle Condition Report and the Bill of Lading is signed by the driver upon loading, and terminates when designated vehicle is delivered.
   
   
   7. Damage resulting from overloaded vehicles;
   
   
   8. The Shipper is responsible for preparing the vehicle(s) for shipment. All loose parts, fragile, or protruding accessories, low hanging spoilers, antennas, added on equipment, light bars etc., must be removed and/or properly secured;
   
   
   9. Damage to vehicles because:
   
   
   10. Vehicles cannot be driven off or on transporter under its own power;
   
   
   11. Vehicles have defective or insufficient brakes, parking brake, or parking gear.
   
   
   12. The Customer shall disarm any vehicle alarm system and provide Transporter’s driver with any tools or keys necessary to disarm the system if activated. If the alarm system is activated during the transport of the vehicle, Transporter’s driver may deactivate the alarm system by any means that it deems reasonable and effective. Customer releases any claims for damages that are caused by Customer's failure to fulfill these obligations.
   
   
   13. If vehicle is vandalized either during shipment or while awaiting shipment, carrier or its agents will not be held responsible:
   
   
   
   


8. Shipper agrees to indemnify, defend, and hold Suburban Shipping and its agents  harmless for any costs, expenses, damage, losses, and claims caused by Shipper’s breach of warranty or obligation under this Agreement.


9. Carrier warrants and Shipper acknowledges that the Interstate Commerce Commission of the U.S. Government, holding Broker authority under Certificate No. 712584, licenses, Suburban Shipping Inc.


10. By Shipper’s or agent’s signature or acceptance electronically, Suburban Shipping and the motor carrier transporting the vehicle and their agents are authorized to operate and transport the vehicle from point of origin to destination specified in the Bill of Lading. Suburban Shipping or it’s transport agent are authorized to drive said vehicle either at origin or destination between the points of loading and unloading and the points of pick up and delivery.


11. The parties acknowledge and agree that in the event that there are any problems regarding the delivery of the described automobile in APPENDIX A, Interstate Commerce Commission regulations require that all outstanding freight charges be paid without deductions. The Shipper agrees to properly note any damage claimed while the driver is making the delivery, and to pay the balance of the delivery charges in cash or certified funds. Any claim of damage caused by the Carrier must be made within THREE (3) days of the date of delivery in writing, specifying the damage claimed. The Carrier actually transporting the vehicle should be liable for any and all damage claims arising from the transport. The Shipper agrees to file all claims with such carrier as identified on the Bill of Lading/Delivery Receipt, and to bring any legal action for damages against such carrier only. The Shipper agrees to release and hold harmless Suburban Shipping LLC. from any and all such claims. All subcontractors hired for truck transport service have insurance and ICC Authority.


12. After Shipper makes the vehicle available to Suburban Shipping for transport, Suburban Shipping shall use its best efforts to deliver the vehicle in a timely manner, average transit time within seven (7) to fourteen (14) business days going coast to coast, average transit from East Coast to Central (US) is five (5) to seven (7) days, and three (3) to ten (10) days anywhere in between. However, because unforeseeable factors could delay delivery beyond this time, Suburban Shipping does not guarantee the date or time of delivery.


13. Shipper shall pay an additional $175.00 for each inoperable vehicle or one that becomes inoperable after the carrier takes possession of the vehicle, and $285.00 for each over-sized vehicle, unless such vehicles are disclosed as being inoperable, over sized, or both, before the time of quoting and pick-up.


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 Suburban Shipping and Shipper and may not be changed except when in writing by an officer of Suburban Shipping.


16. This Agreement shall be governed by and construed in accordance with laws of the state of Michigan. The parties further agree that any legal action arising out of this Agreement shall be filed in a court of competent jurisdiction within Livingston County, Michigan. Customer hereby submits to the jurisdiction of such courts and waives any and all defenses based on lack of personal jurisdiction.

Complete Agreement.  This Agreement constitutes the entire agreement of the parties with reference to the subject matters herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written.

THE PARTIES ACKNOWLEDGE

• Shipper by agreeing to these terms and conditions authorizes Suburban Shipping, 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.


• Shipper shall maintain insurance on the vehicle that shall extend to Suburban, and its assigned transport agents operation of the vehicle. In no event shall Suburban Shipping, its agents, subcontractors, or employees be liable for damages except for transported vehicles with damage caused by gross negligence or driver error.


• Shipper has read over the following information provided by Suburban Shipping in regard to the transport of my vehicle(s). I understand by reading the shipping directions on how to prepare my vehicle(s) for transport, reading the terms and conditions, and reading the explanation of Insurance, and understand the claims process if in fact a claim has to be filed, this is the entire agreement.