Broker Agreement & Disclaimer

This Broker Agreement and Disclaimer (the "Agreement") is entered into by and between Enterprise Auto Transport, a Florida business registered with the Florida Division of Corporations (SUNBIZ) and licensed by the Federal Motor Carrier Safety Administration as a property broker under MC #774106 and USDOT #2273104 ("Broker," "we," "us," or "our"), and any person or entity that requests a quote, places an order, tenders a vehicle, or otherwise accepts brokerage services from us ("Customer," "you," or "your").

For purposes of this Agreement: "Carrier" means the independent, FMCSA-authorized motor carrier that accepts and physically transports the Vehicle; "Vehicle" means each motor vehicle tendered for transport; "Bill of Lading" or "BOL" means the Carrier's straight bill of lading governing the physical movement of the Vehicle; and "Shipment" means one dispatched movement of a Vehicle.

BY REQUESTING A QUOTE, PLACING AN ORDER, PAYING A DEPOSIT, OR TENDERING A VEHICLE FOR TRANSPORT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT, INCLUDING ITS LIMITATIONS OF LIABILITY, INJURY DISCLAIMERS, INDEMNITY, VENUE, AND JURY-WAIVER PROVISIONS. IF YOU DO NOT AGREE, DO NOT USE THIS WEBSITE OR OUR BROKERAGE SERVICES.

Broker is a licensed and bonded property broker only. Broker does not own trucks, does not lease trailers, does not employ drivers, and does not operate a motor carrier fleet. Broker's sole undertaking is to arrange for transportation of the Vehicle by an independent Carrier.

No Carrier, driver, dispatcher, terminal operator, or other third party engaged in connection with a Shipment is an employee, agent, partner, joint venturer, servant, or representative of Broker, and nothing in this Agreement or in any course of dealing shall be construed to create such a relationship. Broker exercises no control over the manner, method, means, routing, equipment, personnel, or timing by which a Carrier performs transportation services.

Broker maintains the surety bond required by 49 U.S.C. § 13906 in the amount of $75,000. The bond secures Broker's transportation-related payment obligations to carriers and shippers as provided by law; it is not cargo insurance, liability insurance, or a guarantee of Carrier performance.

Broker's duties are limited to the following: (a) soliciting and negotiating rates with licensed Carriers on your behalf; (b) presenting you with the best offer obtained upon completion of negotiations; (c) verifying, at or prior to dispatch, that the assigned Carrier holds active FMCSA operating authority and a valid certificate of cargo insurance; and (d) dispatching the Shipment and providing the Carrier's identifying information upon request.

Broker functions in the manner of a travel agent. A travel agent books the flight, confirms the reservation, and handles paperwork; the airline owns the aircraft, employs the crew, and bears responsibility for the flight. The same allocation applies here.

Broker has no duty, express or implied, to supervise the Carrier, to inspect the Carrier's equipment, to load, secure, drive, unload, store, or repair the Vehicle, or to guarantee any pickup or delivery date. All dates and windows communicated by Broker are non-binding estimates.

Upon tender of the Vehicle to the Carrier, the Carrier assumes exclusive care, custody, and control of the Vehicle and is solely liable for loss of, damage to, or delay of the Vehicle under the Carrier's Bill of Lading and applicable law, including the Carmack Amendment, 49 U.S.C. § 14706, where applicable.

BROKER IS NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY DAMAGE TO, LOSS OF, THEFT OF, OR DELAY OF ANY VEHICLE.

The Bill of Lading is issued by the Carrier and must be obtained by you from the Carrier at pickup and again at delivery. The Bill of Lading, and not any Broker quote, order confirmation, or website content, is the controlling contract for the physical movement of the Vehicle.

TO THE FULLEST EXTENT PERMITTED BY LAW, BROKER ASSUMES NO RESPONSIBILITY AND DISCLAIMS ALL LIABILITY FOR ANY PERSONAL INJURY, BODILY HARM, ILLNESS, EMOTIONAL DISTRESS, OR DEATH SUFFERED BY THE CARRIER'S DRIVER, OR CAUSED BY THE CARRIER'S DRIVER, VEHICLE, TRAILER, OR EQUIPMENT, ARISING OUT OF OR RELATING IN ANY WAY TO A SHIPMENT.

This disclaimer applies without limitation to injury or death sustained by or caused by: (a) the driver, owner-operator, helper, or other personnel of the Carrier; (b) you, your family members, employees, tenants, guests, or designated agents present at origin or destination; (c) any pedestrian, motorist, passenger, or other third party; and (d) any property owner or occupant at a pickup or delivery location.

This disclaimer applies to injuries occurring during loading, tie-down, securement, transit, unloading, staging, inspection, refueling, roadside stops, collisions, rollovers, mechanical failure, slips, falls, lifting, movement of the Vehicle under its own power, or any other act or omission of the Carrier or its personnel. Any claim for personal injury or death must be asserted against the Carrier and the Carrier's liability insurer, and not against Broker.

You further agree that Broker owes no duty of care to the Carrier's driver or to any third party with respect to the physical performance of transportation, and you waive and release any claim against Broker premised on negligent hiring, negligent selection, negligent retention, negligent supervision, negligent entrustment, or vicarious liability for the acts or omissions of any Carrier, to the maximum extent permitted by applicable law.

Broker requires open Carriers to maintain $250,000 cargo coverage on open carriers and enclosed Carriers to maintain up to $2,000,000 cargo coverage on enclosed carriers. The insurance is procured, held, and controlled by the Carrier. Broker is not an insurer, is not an insurance producer, and is not a named insured, additional insured, or party to any Carrier policy.

The Carrier's certificate of insurance is provided by the Carrier, and you may request a copy from Broker at any time before pickup. Broker's verification of a certificate is a ministerial confirmation of the document as furnished by the Carrier or its insurer at a point in time; it is not a warranty of coverage, solvency, adequacy of limits, deductible amount, or of the insurer's willingness to pay any particular claim.

Carrier policies commonly carry deductibles ranging from $500 to $5,000. Where verified damage falls below the Carrier's deductible, the Carrier is obligated to satisfy the claim out of pocket and the insurer will pay nothing. Broker does not set, control, waive, or guarantee Carrier deductibles.

YOU ARE STRONGLY ADVISED TO KEEP YOUR OWN COMPREHENSIVE AND COLLISION COVERAGE IN FORCE THROUGHOUT TRANSPORT. Your own policy may respond where Carrier coverage is delayed, denied, insufficient, or exhausted.

Broker's authority is limited to rate negotiation prior to dispatch. Once the Carrier's contract or Bill of Lading is signed, Broker has no legal authority to amend, rescind, reprice, or waive any of its terms. Only the Carrier may lawfully modify its own contract or grant a discount, credit, allowance, or refund of Carrier-side charges.

Any statement by any person purporting to bind the Carrier on Broker's behalf is unauthorized and of no force or effect. No modification of this Agreement is binding on Broker unless made in a writing signed by an authorized representative of Broker.

If a Carrier declines or fails to pay a verified claim, including a claim falling below the Carrier's deductible, the resulting dispute is a civil matter solely between you and the Carrier. Broker is not a party to that dispute, has no obligation to fund, settle, advance, or guarantee the claim, and shall not be liable for the Carrier's refusal, delay, insolvency, or failure to pay.

As a courtesy and without assuming liability, Broker will identify the Carrier, produce the dispatch record, and furnish the certificate of insurance retained in Broker's file.

To the fullest extent permitted by law, Broker shall have no liability whatsoever for:

• Damage, loss, theft, or delay of the Vehicle while in the Carrier's custody. • Personal injury, bodily harm, or death to or caused by any driver, Carrier personnel, Customer, or third party, as set forth in Section 5. • Personal items, cargo, accessories, or aftermarket equipment left in or on the Vehicle; personal items are carried at your sole risk, are not covered by cargo insurance, and must not exceed 100 pounds. • Mechanical, electrical, hybrid or EV battery, exhaust, alignment, tire, or convertible-top conditions not caused by demonstrable Carrier negligence. • Damage arising from leaking fluids, pre-existing wear, corrosion, loose or improperly secured parts, undeclared modifications, or acts of God, weather, riot, war, terrorism, strike, embargo, or government action. • Consequential, incidental, indirect, special, exemplary, or punitive damages of any kind, including rental cars, lodging, missed flights, lost profits, lost wages, storage, or missed events. • Tolls, transponder charges, parking citations, traffic violations, impound fees, or fines incurred during transit.

Broker's aggregate liability arising out of or relating to any Shipment, this Agreement, this website, or the brokerage relationship, whether sounding in contract, tort, negligence, statute, or otherwise, shall not exceed the total brokerage fee actually paid by you to Broker for the Shipment giving rise to the claim.

Broker makes no warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, and expressly disclaims any warranty regarding Carrier performance, transit time, or condition of the Vehicle upon delivery.

Some jurisdictions do not permit certain exclusions or limitations; in such jurisdictions Broker's liability is limited to the greatest extent permitted by law, and the invalidity of any provision shall not affect the remainder of this Agreement.

You agree to defend, indemnify, and hold harmless Broker and its owners, officers, employees, and affiliates from and against any and all claims, demands, suits, causes of action, judgments, liens, settlements, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees and costs through appeal) arising out of or relating to: (a) any personal injury, death, or property damage occurring in connection with a Shipment, other than injury or damage caused by Broker's own proven gross negligence or willful misconduct; (b) your breach of this Agreement or of the Carrier's Bill of Lading; (c) inaccurate, incomplete, or misrepresented information about the Vehicle, its running condition, modifications, dimensions, or weight; (d) contraband, hazardous materials, or personal property placed in or on the Vehicle; and (e) conditions at any pickup or delivery location under your control.

As a condition precedent to any claim, you must: (1) inspect the Vehicle at delivery and note every exception, with photographs, on the Carrier's Bill of Lading before signing and before releasing the Vehicle; (2) obtain a signed copy of the annotated Bill of Lading from the driver; (3) request the Carrier's insurance certificate and claim instructions; (4) file the claim directly with the Carrier and its insurer within the time limits stated on the Bill of Lading and under 49 U.S.C. § 14706, which permits carriers to require a minimum of nine (9) months for claim filing; and (5) preserve all documentation and correspondence.

A clean, signed Bill of Lading with no noted exceptions is presumptive evidence that the Vehicle was delivered in the condition received and will, as a practical and legal matter, defeat most later claims.

Any claim against Broker itself must be brought, if at all, within one (1) year of delivery or of the date the Shipment was cancelled or should have been delivered, whichever occurs first, and is otherwise permanently waived to the extent permitted by law.

This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-laws principles. Interstate transportation is additionally governed by applicable federal law and FMCSA regulation, which control in the event of conflict.

Exclusive venue for any action arising out of or relating to this Agreement shall lie in the state or federal courts located in Lee County, Florida, and each party irrevocably consents to personal jurisdiction and waives any objection based on forum non conveniens.

TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.

If any provision of this Agreement is held unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall remain in full force and effect. This Agreement, together with the accepted quote and the Carrier's Bill of Lading, constitutes the entire agreement between the parties and supersedes all prior discussions and representations. Sections 4 through 13 survive completion, cancellation, or termination of any Shipment.

Notices and questions concerning this Agreement may be directed to Enterprise Auto Transport at support@enterpriseautotransport.com or (239) 273-4649. This page is provided for contractual and informational purposes and is not legal advice to you; consult your own counsel and your own insurer regarding your specific circumstances.