Terms & Conditions
Terms and Conditions
This Agreement may not be modified, amended, and/or changed by Shipper in any manner. This agreement allows
dispatch to its own fleet to transport the vehicle/equipment/load described in this shipping order.
Contract Terms and Liability Disclaimer
Carrier will pick up and deliver as close to Shipper’s door as legally and safely as possible. A mutually agreed upon
place to load or unload the vehicle(s) may be necessary due to low hanging trees, low hanging wires, narrow
streets and residential area restrictions.
Fastex Transport LLC shall provide Shipper with an estimated pick up and estimated delivery date. However, delays
may occur prior to, and/or during, transport due to weather, road conditions, mechanical problems, etc. There are
absolutely no guarantees regarding pick up or delivery times and dates. Fastex Transport LLC or Carrier shall not
be held responsible for loss or damages occasioned by delays of any kind or for any reason, car rental fees or any
accommodation fees. Fastex Transport LLC or Carrier shall not be held liable for failure of mechanical or operating
parts of Shipper’s vehicle.
Carrier is authorized to operate and transport Shipper’s motor vehicle between its pick up location and the
destination set forth on the shipping order and Bill of Lading.
Shipper must prepare vehicle for transport. All loose parts, fragile accessories, low hanging spoilers, etc. must be
removed or secured. Shipper shall remove all non-permanent, outside mounted luggage and other racks prior to
shipment. Vehicles must be tendered to Carrier in good running condition (unless otherwise noted) with no more
than a half tank of fuel (preferably 1/4 tank). Any part of the vehicle that falls off during transport is Shipper’s
responsibility including damages caused by said part to any vehicles(s) and/or person involved.
Shipper must disarm any alarm system installed in the vehicle or provide proper instructions for this matter. In the
event said alarm sounds and there are no keys or instructions to turn it off, Carrier may silence alarm by any
means.
Luggage and personal property must be confined to one suitcase OR one bag in the trunk only, with no heavy
articles, and is not to exceed 100 lbs. Carrier and Fastex Transport LLC are not liable for personal items left in
vehicle, nor for damage to vehicle caused by excessive or improper loading of personal items. No personal
property shall be transported in customer’s vehicle(s) that includes, but is not limited to, Explosives, Guns,
Ammunition, Flammable Products, Narcotics, Negotiable and Legal Papers, Alcoholic Beverages, Jewelry, Furs,
Money, Live Pets, Live Plants or any unlawful contraband. Shipper agrees that Fastex Transport LLC or Carrier may
confiscate or dispose of said items with no remuneration. Fastex Transport LLC or Carrier will not be held
responsible for delivery of personal property. If Shipper wishes to put items in the vehicle, he does so at his own
risk.
International Orders: the car must be empty except for factory installed equipment. Indicate the serial number and
give car’s approximate value in U.S. dollars. Shipper is responsible for the proper customs paperwork.
If the vehicle is inoperable or oversized (dual or oversized wheels, extra-large racks, lifted, limo, etc.) Shipper must
inquire as to the extra charges. If Fastex Transport LLC is not advised of inoperable or oversized/modified vehicles
prior to pick up, all extra charges must be paid in cash or money order to the Carrier upon delivery.
Shipper agrees that Fastex Transport LLC reserves the right to reject (cancel) any order for any reason at any time.
At the time of pick up, Shipper and Carrier will carefully inspect the exterior of the vehicle for pre-existing damage
by completing a vehicle condition report recorded on the Bill of Lading. Carrier and Shipper will both acknowledge
the condition of the vehicle and Shipper will sign and receive a copy of the Bill of Lading.
At the time of delivery, Consignee and Carrier will carefully inspect the vehicle for possible damages incurred
during transit. Consignee and Carrier will both acknowledge the condition of the vehicle and Consignee will sign
and receive a final copy of the Bill of Lading.
Damage must be noted in the proper place on the Bill of Lading and signed by Shipper regardless of weather
conditions, time of day or day of week. Signing the Bill of Lading and condition report without notation of any
damage verifies that Consignee has received his vehicle(s) in satisfactory condition, and that Fastex Transport LLC
and Carrier and their agents are relieved of any further responsibility. Carrier damage claims are covered by a
minimum of $1.000,000.00 public liability and property damage. All claims must be submitted in writing within 24
hours of delivery via email to claims@fastextrans.com. Fastex Transport LLC will share the Carrier insurance policy
details upon request. Shipper agrees that Fastex Transport LLC is not liable for any property damage claims to
Shipper’s vehicle and that his, her or its sole remedy is against the Carrier.
Fastex Transport LLC requires 2 estimates from 2 different body shops.
Fastex Transport LLC is not liable for rental expenses.
Shipper agrees and understands that Fastex Transport LLC is a registered transportation and property broker and is
acting solely in the capacity of a broker. Shipper allows Fastex Transport LLC to contract with other licensed and
insured Motor Carrier(s), (hereinafter referred to as “Carrier”), to transport the vehicle(s) described in this shipping
order.
Shipper further agrees and understands that Fastex Transport LLC’s sole responsibility in the transaction between
the Shipper and Fastex Transport LLC a carrier for shipment of the Shipper’s property. Shipper understands that
Fastex Transport LLC never takes possession of, transports, or delivers the Shipper’s property.
Shipper agrees and understands that all claims for damage to property arising out or occurring during the taking
possession of, transporting, or delivery of Shipper’s property falls under the Carmack Amendment, if the transport
is interstate.
As outlined in Section 10761 of the Interstate Commerce Act (49 USC 10761) the payment of freight charges may
not be postponed due to alleged loss or damage. These charges should be paid in full and the portion applicable to
the lost or damaged item should be included in the freight claim.
The following items are important to remember:
a) Claims and payment of freight charges are two entirely different transactions.
b) ICC regulations prohibit withholding the payment of freight bills due to a pending claim. (Administrative Ruling
No. 128)
c) Without payment of the freight charges, payment for transportation has not been made. A valid claim will not be
paid until freight charges are made.
Carrier accepts responsibility of vehicle after pre-inspection is done and Bill of Lading is signed by the Shipper.
Carrier responsibility will end when the vehicle is delivered and Consignee signs the final Bill of Lading and
Condition report.
Fastex Transport LLC or Carrier will not be responsible for damage caused by acts of God, hail or storm damage, or
damage resulting from worn/broken parts of vehicle or added personal items, undercarriage damages, mechanicals
and the damages which were not made by the driver.
Shipper shall, in their absence, designate a person to act as their agent at the point of pick up and/or delivery if
for any reason they are unavailable.
Shipper warrants that he/she will pay the transportation price/partial payment due to Fastex Transport LLC or
Carrier in full and will not try to offset any dispute for damage claims and/or delays etc. from freight (transport)
charges. It is Shipper’s responsibility to provide payment when Carrier arrives, unless the balance has been prepaid
in full. All payments to Carrier on orders booked must be in the form of cash, cashier’s check or money order – No
Exceptions. Certified funds must be made payable to the delivering Carrier and to Fastex Transport LLC. Personal
checks, debit or credit cards for orders booked will NOT be accepted for the remaining balance – No Exceptions.
Shipper agrees that if the payment cannot be made by these methods, the vehicle will be stored, at Shipper’s
expense, until Shipper pays all transport charges in full. Should Shipper be unable to accept delivery for any
reason, the vehicle will be placed in storage. Any and all storage and re-delivery charges will be the responsibility
of Shipper.
This Agreement shall be construed in accordance with the laws of the State of Colorado.
The parties here agree that all actions or proceedings arising in connection to this agreement shall be tried and
litigated exclusively in the State or Federal (if permitted by law and a party elects to file an action in federal court)
courts located in Denver County, in the state of Colorado. This choice of venue is intended by the parties to be
mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with
respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this section. Each party
waives any right it may have to assert the doctrine of forum non-conveniences or similar doctrine or to object to
venue with respect to any proceeding brought in accordance with this section. By action of this provision, the
parties agree to submit to the personal jurisdiction of the aforementioned court.
Shipper shall defend, indemnify, and hold harmless Fastex Transport LLC from any and all actual or alleged claims,
demands, causes of action, liability, loss, damage and/or injury (to property or persons, including without limitation
wrongful death), whether brought by an individual or other entity, imposed by a court of law or by administrative
action of any federal state or local agency, arising out of or incident to any acts, omissions, negligence, or willful
misconduct of Fastex Transport LLC, or the Carrier, its personnel, employees, agents, or contractors in connection
with or arising out of Fastex Transport LLC or the Carrier’s actions. The indemnification includes, without limitation,
the payment of all penalties, fines, judgments, awards, attorney’s fees, and related costs or expenses, and any
reimbursements to Fastex Transport LLC for all legal expenses and costs incurred by it.
Neither party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without
the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.
Invalidity or unenforceability of one or more of the provisions in this Agreement shall not affect any other
provisions of this Agreement.