1Customer 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 loose parts, fragile or protruding accessories, low hanging spoilers, antennas and other similar items, disarm any vehicle alarm system. If the alarm system is activated during the transport of the vehicle, we may deactivate the alarm system by any means that 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). RCG may impose additional fees, at its sole discretion, for the transport of contents left in a vehicle. In no event, however, will RCG be responsible for the safe transport of any such contents.
4 Customer or his agent, who has been identified in writing to RCG, shall be present at the point of pickup or delivery. If Customer or its authorized agent is not present for any reason, the vehicle(s) may be placed in storage, at Customer’s cost.
5 All delivery dates and times are estimates. RCG 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 RCG Logistics LLC is a licensed broker and not licensed motor carrier, as such RCG does not assume liability as a carrier. RCG will engage carriers, independent sub-contractors, to transport or ship vehicles. Such carriers are to have cargo insurance coverage, and are primary 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 RCG Logistics. RCG Logistics will, as necessary, provide assistance in the claims processing in order to facilitate expedient result.
7 Nothing in this agreement binds RCG or hired carrier to pick up and/or deliver to locations from which it is impractical to operate carrier’s equipment due to inadequacies of highway, street, or passageways for loading or unloading, or restrictions by local, state or federal law.
Customer authorizes RCG, 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. IN NO EVENT SHALL RCG LOGISTICS, 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 RCG LOGISTIC’S GROSS NEGLIGENCE OR INTENTIONAL CONDUCT. Customer specifically agrees and hereby waives any other claims against RCG Logistics or its subcontractor including, but not limited to loss of value, 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; alignment; 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, RCG LOGISTICS WILL NOT PROVIDE REIMBURSEMENT FOR AUTO RENTAL FEES RESULTING FROM DELAY, DAMAGE OR ACCIDENT unless agreed otherwise in writing.
8Customer shall identify any damage to any vehicle(s) by noting the damage on the Bill of Lading at the time of delivery. Any claims related to such noted damage must be submitted in writing to RCG Logistics or its subcontractor within 2 days (48 hours) after delivery, or, in case of failure of delivery, within 30 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. RCG Logistics 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 RCG LOGISTICS BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.
9 The entire amount of the transport charge is due and payable without discount upon the pickup of the vehicle(s) regardless of the loss of, or damage to, the vehicle(s) at any stage of the transport. Any alternative payment arrangement must be made in writing.
10 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 RCG Logistics or its subcontractor and any and all cost of collection, including costs and reasonable attorney fees. RCG Logistics 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.
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), RCG reserves the right to charge customer and/or its agent a fee in the amount of no less than $100 for partial services rendered.
12 Customer shall defend, indemnify and hold RCG Logistics 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.
13 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.
14 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 RCG Logistics and Customer and may not be changed except when in writing by an officer of RCG Logistics.
15 This Agreement shall be governed by and construed in accordance with laws of the State of California. The parties further agree that any legal action arising out of this Agreement shall be filed in a court of competent jurisdiction within Sacramento County, Sacramento. Customer hereby submits to the jurisdiction of such courts and waives any and all defenses based on lack of personal jurisdiction.