Customer shall prepare the vehicle(s) for transport by removing all personal items and non-vehicle accessories or parts and removing or properly securing all batteries, loose parts, fragile or protruding accessories, low hanging spoilers, antennas and other similar items.  Any part that falls off in transit is customer’s responsibility, including damages done by said part to any and all vehicles involved. The Customer shall disarm any vehicle alarm system and provide Governor Transport‘s subcontractor with any tools or keys necessary to disarm the system if activated. If the alarm system is activated during the transport of the vehicle, Governor Transport’s subcontractor may deactivate the alarm system by any means that it or the transport driver deems reasonable and effective. Customer releases any claims for damages that are caused by Customer’s failure to fulfill these obligations.

Customer must remove all detachable personal belongings from the vehicle(s). Governor Transport and/or subcontractor may impose additional fees, in its sole discretion, for the transport of contents left in a vehicle.  In no event, however, will Governor Transport and/or subcontractor be responsible for the safe transport of any such contents.   Governor Transport does not authorize personal belongings in the vehicle.  Not only are auto transport companies not insured for non-vehicle/household goods, it is against the law for them to transport anything except your vehicle and vehicle supplies. The car is subject to DOT and Highway Patrol inspections during transport.  If non-vehicle items are discovered, the vehicle may be subject to being impounded and all fines and expenses will be passed along to the owner of the vehicle. Under NO circumstances can the car contain firearms, hazardous materials, illegal substances, or contraband.

Customer or his agent, who has been identified in writing to Governor Transport, shall be present at the point of pick-up and 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.  If a carrier is scheduled and the vehicle cannot be picked up for any reason, there may be a penalty fee due to the carrier and a rescheduling fee will be applied.

All delivery dates and times are only estimates. Governor Transport and/or subcontractor does not agree to transport the vehicle(s) in time 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.  In addition, Governor Transport may refuse any order placed at any time.

Governor Transport will subcontract its obligations hereunder.  Subcontractor shall be solely responsible for all obligations to Customer. Customer shall file all claims with the subcontractor identified on the Bill of Lading and hereby releases Governor Transport from any and all claims arising out of or related to any actions or inactions of the subcontractor.

Customer authorizes Governor Transport, 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. Should the carrier be unable to access either site for any reason, this does not relieve the customer from making a reasonable effort to meet the truck at a suitable location.

Customer shall maintain insurance on the vehicle that shall extend to subcontractor’s operation of the vehicle. Customer may need to provide proof of insurance on the vehicle(s) to Governor Transport and/or subcontractor and will keep in force such insurance until transport of the vehicle is complete.  Governor Transport and subcontractor or its agents will not be responsible for vandalism, acts of God (fire, flooding, hail, sand storm, tornadoes, earthquakes, water, wind, etc.) or objects flying from the road or sky during transport.  Customers should maintain their own insurance for these reasons. 

IN NO EVENT SHALL GOVERNOR TRANSPORT’S 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 SUBCONTRATOR’S GROSS NEGLIGENCE OR INTENTIONAL CONDUCT. Customer specifically agrees and hereby waives any other claims against Governor Transport or its subcontractor including, but not limited to 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; exhaust assembly; frame; alignment; tire damage; suspension; 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 by loose or improperly installed parts; 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 pickup; or damage caused as a result of acts of God or other Force Majeure events.

Customer shall identify any damage to any vehicle(s) by noting the damage on the Bill of Lading received by driver at the time of delivery. Customer must request a copy of bill of lading.  Any claims related to such noted damage must be submitted in writing to Governor Transport or its subcontractor within 15 days of delivery, or, in case of failure of delivery, within 15 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. Governor Transport shall not be liable directly, in subjugation, nor by assignment to Customer’s insurance company for any claims paid by the Company. IN NO EVENT SHALL GOVERNOR TRANSPORT BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.

The deposit for services varies. The deposit is not refundable for any reason.

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 Governor Transport or its subcontractor and any and all cost of collection, including costs and reasonable attorney fees. Unless the order has been prepaid or Governor Transport has otherwise agreed in writing, customer shall pay all COD amounts, including any additional charges, in cash or certified funds. Governor Transport and/or subcontractor will have a lien on the vehicle(s) for any charges that remain unpaid and any such lien will survive the delivery of the vehicles.                                                                                                                                                

Customer shall defend, indemnify and hold Governor Transport 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.

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, military or government 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.

Governor Transport is a licensed and bonded Property Broker. We are responsible for booking the shipment of vehicles with a licensed and insured Motor Carrier.  We use industry and governmental resources to investigate the license and insurance status of all carriers that work within or out of our network.  Broker’s performance is complete at time of scheduling transport with a carrier.   

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 Governor Transport and/or subcontractor and customer and may not be changed except when in writing by an officer of Governor Transport.

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