Vehicle Description Car Deck

Vehicle Description Car Deck

Parties and Recitals

This Vehicle Description Car Deck Agreement (the Agreement) is entered into between:

WHEREAS, Owner desires Carrier to load, stow and transport the motor vehicles described below on the car deck and Carrier is willing to provide such services under the terms and conditions set forth herein;

WHEREAS, the parties intend to define the scope of work, responsibilities for vehicle condition and value, insurance allocation, and payment terms for carriage on the car deck; and

WHEREAS, the parties acknowledge that accurate vehicle descriptions and declarations are material inducements to Carrier accepting the vehicles for stowage and transport on the car deck;

Scope of Work

Carrier shall perform loading, securing, stowage, carriage and discharge of the vehicles listed below on Carrier's car deck in accordance with industry standard practices and applicable law. Carrier's obligations include reasonable care in stowage and security while on board, but Carrier's liability is subject to the limitations and exclusions set forth in this Agreement.

Vehicle Inventory (Car Deck)

Provide a complete and accurate description for each vehicle to be loaded on the car deck. Owner certifies that each vehicle listed is free of undisclosed hazardous materials and that all declared information is true and correct.

Vehicle 1

Make:    Model:    Year:

VIN:

Color:    License Plate:    Estimated Weight (lbs):

Loading Position / Deck Level:    Special Handling Required:    Hazardous Materials Declared:

Vehicle 2

Make:    Model:    Year:

VIN:

Color:    License Plate:    Estimated Weight (lbs):

Loading Position / Deck Level:    Special Handling Required:    Hazardous Materials Declared:

If additional vehicles require description, attach additional pages identifying each vehicle with the same level of detail and reference them here:

Payment Terms

Owner shall pay Carrier the amounts set forth below in consideration for loading, carriage and discharge services. All payments are due in United States Dollars unless otherwise agreed in writing.

Late payments shall accrue interest at the rate of on the outstanding balance from the date due until paid in full. Owner shall also be responsible for collection costs, including reasonable attorneys' fees, incurred by Carrier in collecting overdue amounts.

Insurance; Risk Allocation

Owner represents and warrants that Owner is responsible for maintaining insurance covering the vehicles' loss or damage while in Carrier's custody unless otherwise agreed. Carrier shall maintain hull and third-party liability insurance consistent with its customary commercial policies. To the extent Owner desires additional coverage, Owner shall procure and pay for such coverage and provide evidence of insurance to Carrier prior to loading.

Term and Termination

This Agreement shall commence on and shall terminate on unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for convenience upon providing days' prior written notice to the other party. Either party may terminate immediately for material breach if the breach is not cured within days after written notice of such breach.

Confidentiality

Each party agrees that all non-public information disclosed by the other party in connection with this Agreement, including vehicle valuations, loading plans, and commercial terms, constitutes Confidential Information. Confidential Information shall not be disclosed to third parties except as required by law or to the extent necessary for performance of this Agreement, and each party shall use at least the same degree of care to protect Confidential Information as it uses to protect its own confidential information, but no less than reasonable care.

The obligations of confidentiality survive termination or expiration of this Agreement for a period of years.

Representations, Warranties and Indemnity

Owner represents and warrants that all vehicle descriptions, declared values and the presence or absence of hazardous materials are accurate and complete. Owner shall indemnify and hold Carrier harmless from any claims, losses, fines or costs arising from Owner's inaccurate declarations, undisclosed hazardous materials, or Owner's breach of this Agreement.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of , without regard to its conflicts of law principles.

Entire Agreement; Amendments

This Agreement, together with any exhibits and vehicle descriptions attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings and communications. No amendment, modification or waiver shall be effective unless in writing and signed by both parties.

Notice and Contact Information

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