ENTERPRISE AUTO TRANSPORT
CUSTOMER TRANSPORTATION BROKERAGE AGREEMENT
TERMS & CONDITIONS

IMPORTANT — PLEASE READ THESE TERMS BEFORE SIGNING OR AUTHORIZING YOUR ORDER.

These Terms & Conditions govern transportation brokerage services provided by Enterprise Auto Transport ("Enterprise," "Broker," "we," "us," or "our") to the customer identified on the applicable shipping order ("Customer").

By electronically signing, submitting, accepting, or authorizing an Enterprise Auto Transport shipping order, Customer acknowledges receipt of these Terms, agrees to conduct the transaction electronically, and agrees to be bound by these Terms.

Enterprise Auto Transport is a federally licensed property broker operating under MC No. 774106.

Enterprise arranges motor-vehicle transportation through independently owned and operated motor carriers. Enterprise is not the motor carrier physically transporting Customer's vehicle unless expressly stated otherwise in writing.

PARTIES AND AUTHORITY
This Agreement is between Enterprise Auto Transport and the Customer identified on the transportation order.

"Customer" includes the vehicle owner and any person or entity authorized by the vehicle owner to arrange transportation.

Customer represents that:

• Customer owns the vehicle; or

• Customer has lawful authority from the vehicle owner to arrange transportation.

If Customer designates another person to act at pickup or delivery, that person may act as Customer's authorized representative for purposes of vehicle release, inspection, Bill of Lading acknowledgment, and delivery.

ENTERPRISE'S ROLE AS TRANSPORTATION BROKER
Enterprise is a federally licensed transportation broker.

Enterprise's role is to arrange transportation by locating, evaluating, selecting, and engaging independently owned and operated motor carriers to physically transport Customer's vehicle.

Enterprise does not ordinarily:

• Own the truck transporting Customer's vehicle;

• Employ the Carrier's driver;

• Operate the Carrier's truck;

• Maintain the Carrier's equipment;

• Control the Carrier's route;

• Control the Carrier's driving decisions;

• Supervise the Carrier's driver;

• Physically load or unload Customer's vehicle;

• Take physical possession of Customer's vehicle; or

• Physically transport Customer's vehicle.

The assigned motor carrier ("Carrier") is independently responsible for its transportation operations, including:

• Operation of its equipment;

• Qualification of its drivers;

• Supervision of its drivers;

• Maintenance of its vehicles and trailers;

• Compliance with applicable motor-carrier safety requirements;

• Maintaining legally required operating authority;

• Maintaining legally required insurance; and

• Physical transportation of Customer's vehicle.

Enterprise's communications with Carrier or Customer, carrier-verification procedures, shipment monitoring, customer assistance, or efforts to help resolve a transportation problem do not by themselves constitute possession, custody, or operational control of the vehicle.

Nothing in this Agreement eliminates any duty or liability that cannot legally be waived or transferred.

CARRIER SELECTION AND VERIFICATION
Enterprise uses carrier-verification and due-diligence procedures designed to assist Enterprise in evaluating motor carriers before dispatch.

Enterprise may review and verify information including:

• Carrier legal name;

• FMCSA operating authority;

• USDOT number;

• MC number;

• Available FMCSA safety information;

• Available inspection information;

• Available out-of-service information;

• Insurance;

• Carrier identity;

• Driver identity;

• CDL information when requested;

• Assigned truck information;

• Carrier contact information;

• Indicators of possible identity theft;

• Indicators of possible fraud; and

• Indicators of possible unauthorized double brokering.

Enterprise may require additional verification when circumstances reasonably warrant it.

Enterprise may decline, place on hold, or cancel a Carrier assignment before pickup when Enterprise cannot reasonably complete its required verification.

No carrier-verification system can guarantee that an accident, delay, mechanical problem, insurance dispute, regulatory event, fraud, identity theft, double brokering, or other transportation problem will never occur.

Carrier selection does not constitute a guarantee of Carrier performance or accident-free transportation.

TRANSPORT PRICE
Customer's shipping order will state the transportation price and applicable Enterprise brokerage/service fee.

The total transportation price may consist of:

A. Enterprise's brokerage/service fee; and

B. Compensation payable to the assigned Carrier.

Customer agrees to pay the amount shown on the applicable shipping order or a subsequently authorized modification.

A material change involving the vehicle, including its:

• Condition;

• Size;

• Weight;

• Modifications;

• Operability;

• Pickup location;

• Delivery location;

• Transportation method; or

• Other material transportation information

may result in a revised Carrier price.

Enterprise will disclose and obtain Customer authorization for a material price change whenever reasonably practicable before transportation proceeds.

ESTIMATED PICKUP AND DELIVERY DATES
Pickup and delivery dates and times are estimates unless Enterprise expressly agrees in writing to guaranteed service.

Transportation depends upon circumstances that may be outside Enterprise's direct control, including:

• Carrier availability;

• Traffic;

• Road conditions;

• Weather;

• Mechanical problems;

• Government inspections;

• Road closures;

• Hours-of-service requirements;

• Customer availability;

• Accidents;

• Acts of government; and

• Other transportation conditions.

Enterprise does not guarantee an exact pickup or delivery date or time unless a written guaranteed-service agreement expressly states otherwise.

Enterprise is not responsible for consequential expenses resulting solely from ordinary transportation delays outside Enterprise's reasonable control, including:

• Rental-car expenses;

• Airfare changes;

• Hotels or lodging;

• Lost wages;

• Missed appointments; or

• Similar expenses,

except where liability cannot legally be excluded.

DOOR-TO-DOOR SERVICE
Carrier will attempt to pick up and deliver the vehicle as close to Customer's requested addresses as legally and safely practicable.

Carrier may require Customer to meet the truck at a nearby location because of:

• Narrow streets;

• Low-hanging trees;

• Low wires;

• Weight restrictions;

• Residential restrictions;

• HOA restrictions;

• Unsafe loading conditions;

• Lack of legal parking;

• Inaccessible locations; or

• Other conditions preventing safe truck access.

Customer agrees to reasonably cooperate in selecting an alternate safe loading or unloading location when necessary.

VEHICLE CONDITION AND CUSTOMER DISCLOSURES
Customer must accurately disclose the vehicle's condition before dispatch.

Customer shall inform Enterprise if the vehicle:

• Is inoperable;

• Does not start;

• Does not steer;

• Does not brake;

• Has oversized tires;

• Is lifted or lowered;

• Has modified suspension;

• Has unusual dimensions;

• Has roof racks or other modifications;

• Is unusually heavy;

• Requires special equipment; or

• Has another condition that materially affects transportation.

Failure to disclose a material condition may result in additional Carrier charges or inability to transport the vehicle.

No vehicle represented as operable should be tendered without keys necessary for loading, unloading, and movement.

INOPERABLE VEHICLES
If Customer represents that a vehicle is operable but the vehicle cannot be loaded without additional equipment or assistance, Carrier may assess a reasonable additional charge.

If Carrier must jump-start a vehicle or provide another service not included in the original transportation arrangement, an additional charge may apply.

Customer should disclose all known operability issues before dispatch so Enterprise can obtain an appropriate Carrier and transportation price.

VEHICLE PREPARATION
Before pickup, Customer shall:

• Remove or secure loose exterior parts;

• Remove or secure non-permanent accessories;

• Secure spoilers, antennas, racks, or similar items where necessary;

• Remove or disable toll tags where appropriate;

• Disable or provide instructions concerning alarm systems;

• Ensure the vehicle has sufficient fuel for loading and unloading;

• Avoid unnecessarily filling the fuel tank; and

• Inform Enterprise or Carrier of relevant mechanical or operational issues.

Customer is responsible for damage caused by a loose, improperly secured, or undisclosed vehicle component to the extent the damage results from Customer's failure to properly prepare or disclose the condition.

VEHICLE ALARMS
Customer shall disable any vehicle alarm when reasonably possible or provide Carrier with instructions necessary to disable it.

If an alarm activates during transportation and Customer has not provided workable instructions, Carrier may take reasonable steps necessary to silence the alarm without unnecessarily damaging the vehicle.

PERSONAL PROPERTY INSIDE THE VEHICLE
MOTOR CARRIERS TRANSPORT VEHICLES AND GENERALLY DO NOT ALLOW PERSONAL OR HOUSEHOLD ITEMS TO BE TRANSPORTED INSIDE THE VEHICLE.

Upon Customer request, Enterprise may ask the assigned Carrier whether Carrier is willing to permit Customer to place up to approximately 100 POUNDS of personal belongings inside the vehicle.

ENTERPRISE DOES NOT GUARANTEE THAT A CARRIER WILL ACCEPT PERSONAL PROPERTY.

Acceptance of personal belongings is subject to:

• Carrier policy;

• Driver discretion;

• Applicable law;

• Insurance restrictions;

• Weight limitations;

• Equipment limitations; and

• Safety considerations.

Unless Carrier specifically instructs otherwise, approved personal belongings should be securely packed and placed in the trunk or below the vehicle's window line so the items are not plainly visible from outside the vehicle.

PERSONAL PROPERTY OVER 100 POUNDS:

Any amount exceeding approximately 100 pounds is solely at the discretion of the assigned Carrier and/or driver.

CUSTOMER MUST CONTACT THE ASSIGNED CARRIER DIRECTLY BEFORE PICKUP IF CUSTOMER WISHES TO PLACE MORE THAN 100 POUNDS OF PERSONAL PROPERTY INSIDE THE VEHICLE.

Carrier may:

• Refuse the additional property;

• Require Customer to remove some or all of the property;

• Impose additional weight or transportation charges; or

• Establish additional loading requirements.

IF CUSTOMER PLACES MORE THAN 100 POUNDS OF PERSONAL PROPERTY INSIDE THE VEHICLE, ENTERPRISE AUTO TRANSPORT IS NOT RESPONSIBLE FOR ANY ADDITIONAL FEES OR SURCHARGES IMPOSED BY THE CARRIER BECAUSE OF THE EXCESS PERSONAL PROPERTY.

Enterprise is also not responsible for a delay, refusal to transport, or requirement that property be removed when Customer places more property inside the vehicle than the assigned Carrier or driver has agreed to accept.

Customer shall not place prohibited, dangerous, illegal, or unusually valuable property inside the vehicle, including as applicable:

• Explosives;

• Flammable or hazardous materials;

• Illegal drugs or contraband;

• Firearms or ammunition where prohibited by law or not accepted by Carrier;

• Currency;

• Negotiable instruments;

• Jewelry;

• Valuable collectibles;

• Important original legal documents;

• Live animals;

• Perishable goods; or

• Other property prohibited by applicable law or Carrier policy.

Personal belongings are not ordinarily included in the vehicle transportation price or Carrier's motor-vehicle cargo insurance coverage.

Customer assumes the risk of loss, theft, or damage to unauthorized personal property except to the extent applicable law provides otherwise.

If prohibited or unsafe property is discovered, Carrier may refuse transportation, require its removal, or take other lawful action reasonably necessary for safety or regulatory compliance.

INTERNATIONAL AND PORT SHIPMENTS
For international, ocean, or port transportation, additional requirements may apply.

Customer is responsible for providing documents reasonably required for:

• Customs;

• Port access;

• Export;

• Import;

• Vehicle ownership;

• Lien authorization; or

• Government processing.

Vehicles transported through ports may be required to be completely empty except for factory-installed equipment.

Customer must comply with requirements imposed by the applicable port, ocean carrier, government agency, or transportation provider.

If an additional port-service charge applies, it must be disclosed on the order, rate confirmation, invoice, or other written communication before Customer is obligated to pay it.

Customer is responsible for government, customs, inspection, port, storage, or documentation charges not included in Enterprise's quoted brokerage price unless Enterprise expressly agrees otherwise in writing.

CUSTOMER DOUBLE BOOKING
Customer agrees not to knowingly maintain active transportation orders for the same vehicle and route with multiple transportation brokers at the same time.

Multiple active postings for the same vehicle may:

• Cause Carrier confusion;

• Create duplicate load-board postings;

• Interfere with Carrier assignment;

• Increase transportation pricing; or

• Delay pickup.

If Customer maintains a competing active order after being asked to cancel it, Enterprise may suspend or cancel Customer's order.

Any applicable cancellation fee will be governed by the cancellation provisions of this Agreement.

CANCELLATION REQUESTS
ALL CANCELLATION REQUESTS MUST BE SUBMITTED IN WRITING.

Cancellation requests must be emailed to:

rena@enterpriseautotransport.com

Enterprise does not accept a telephone call alone as final cancellation because Enterprise requires a written record of Customer's request.

The effective cancellation date is the date Enterprise receives Customer's written cancellation request.

CANCELLATION BEFORE A CARRIER IS DISPATCHED
If Customer cancels before a Carrier has been assigned, Enterprise may assess a $50 cancellation/administrative fee if that fee was disclosed to Customer when booking.

The remaining refundable amount will be returned according to the refund provisions of this Agreement.

The $50 cancellation fee is waived for active-duty military personnel when Enterprise has not yet dispatched a Carrier.

CANCELLATION AFTER A CARRIER IS ASSIGNED
Once Enterprise assigns and dispatches a Carrier to Customer's transportation order, Enterprise's brokerage service has been substantially performed.

If Customer voluntarily cancels after a Carrier has been assigned but before pickup, Enterprise may assess a cancellation fee of up to:

$200.00

as disclosed on Customer's order.

Any Carrier transportation funds prepaid for transportation that has not been performed will be refunded except for an amount Customer is legally obligated to pay because of authorized Carrier services already performed.

If Customer elects instead to retain the brokerage amount as a credit toward a future shipment, that credit must be used within six (6) months of the original dispatch date unless Enterprise agrees otherwise in writing.

REFUNDS
Approved refunds will ordinarily be initiated by Enterprise within seven (7) business days after the refund becomes due.

After Enterprise submits the refund, the amount of time required for the credit to appear in Customer's account is controlled by:

• The payment processor;

• Card network;

• Customer's bank; and/or

• Customer's financial institution.

Enterprise cannot guarantee a bank's posting time.

Depending upon the financial institutions involved, a refund may take additional business days to appear after Enterprise has processed it.

Carrier transportation funds prepaid but not owed because transportation was never performed will be returned according to applicable law and the applicable payment arrangement.

PAYMENT DISPUTES AND CHARGEBACKS
Customer agrees to promptly contact Enterprise regarding a billing concern and allow Enterprise a reasonable opportunity to investigate and correct any legitimate billing error.

Nothing in this Agreement prohibits Customer from exercising lawful rights under applicable federal or state law, card-network rules, or banking regulations.

Customer shall not knowingly submit false information to a bank, credit-card issuer, payment processor, or other financial institution or falsely claim that an authorized transaction was unauthorized.

If Customer initiates a payment dispute after services have been validly rendered, Enterprise may provide the financial institution with relevant documentation, including:

• Customer's electronic signature;

• Order records;

• Transaction records;

• Email communications;

• Text communications;

• Dispatch records;

• Carrier assignment records;

• Bills of lading;

• Pickup documentation;

• Delivery documentation;

• IP and electronic acceptance records where lawfully collected; and

• Other relevant evidence.

Enterprise reserves the right to pursue amounts lawfully due under this Agreement.

No fee shall be imposed merely because Customer exercises a legally protected payment-dispute right.

CARRIER ASSIGNMENT NOTICE
Once a Carrier is assigned to Customer's order, Enterprise will ordinarily provide Carrier information through:

• Email;

• Electronic dispatch;

• Telephone;

• Text message; or

• Another reasonable communication method.

Customer shall promptly review Carrier information and notify Enterprise if Customer identifies a material discrepancy.

PICKUP INSPECTION AND BILL OF LADING
At pickup, Customer or Customer's authorized representative and Carrier should carefully inspect the vehicle.

The pickup Bill of Lading or inspection report should identify visible pre-existing exterior damage.

Customer should:

• Participate in the inspection;

• Review Carrier's condition report;

• Take dated photographs or video when possible;

• Ensure visible damage is accurately recorded; and

• Retain a copy of the Bill of Lading.

DELIVERY INSPECTION
Customer or Customer's authorized representative should carefully inspect the vehicle at delivery BEFORE signing the final Bill of Lading.

Customer should compare the vehicle's condition against the pickup inspection.

Any newly observed transportation damage should be written clearly on the delivery Bill of Lading before Customer signs it whenever reasonably possible.

Customer should also take photographs or video of claimed damage.

DAMAGE CLAIMS AND THE CARMACK AMENDMENT
The Carrier has physical custody and control of Customer's vehicle during motor-carrier transportation.

Claims for physical loss or damage occurring while the vehicle is in Carrier's possession should ordinarily be submitted promptly to Carrier and Carrier's insurer.

Enterprise will reasonably assist Customer by providing Carrier contact information or available Carrier insurance information upon Customer's reasonable request.

Enterprise's assistance with a damage claim does not mean Enterprise assumes Carrier's responsibility for physical loss or damage to the vehicle.

Customer should notify Enterprise of claimed transportation damage as soon as reasonably possible after delivery.

Failure to note concealed damage immediately does not automatically waive a claim if applicable law provides otherwise.

However, prompt inspection and documentation are strongly encouraged because delay can make it more difficult to establish when and how damage occurred.

For interstate motor-carrier transportation, Carrier liability for actual loss or injury to the property may be governed by the Carmack Amendment, 49 U.S.C. §14706, where applicable.

Nothing in these Terms shortens a legally applicable claim period or eliminates a claim that applicable law does not permit the parties to waive.

CARRIER INSURANCE
Enterprise requires Carriers to maintain insurance required by applicable law and Enterprise's carrier-selection requirements.

Enterprise may independently verify Carrier insurance with Carrier's insurance company or authorized insurance agency.

Insurance coverage for a particular loss depends upon:

• The actual insurance policy;

• Policy limits;

• Exclusions;

• Endorsements;

• Facts of the loss;

• Vehicle involved;

• Driver involved; and

• Applicable law.

A certificate of insurance is evidence of reported coverage and is not itself an insurance policy or guarantee that a particular claim will be covered.

Upon reasonable request following an alleged transportation loss, Enterprise will provide available Carrier insurance information to Customer.

Enterprise's assistance in obtaining or providing Carrier insurance information does not make Enterprise the insurer or claims administrator and does not constitute acceptance of responsibility for the underlying loss.

MECHANICAL AND INTERNAL VEHICLE CONDITIONS
Carrier and Enterprise are not vehicle mechanics and do not inspect internal mechanical systems.

Neither Enterprise nor Carrier is responsible merely because a mechanical or electrical component fails during transportation unless the failure or resulting damage was caused by legally actionable conduct for which that party is responsible.

Examples may include:

• Engine failure;

• Transmission failure;

• Battery failure;

• Electrical malfunction;

• Convertible-top malfunction;

• Suspension failure;

• Pre-existing fluid leaks; or

• Failure of worn components.

WEATHER AND EXTERNAL EVENTS
Open auto transportation exposes vehicles to ordinary road and weather conditions.

Carrier is not automatically responsible for damage caused solely by extraordinary weather, hail, flooding, flying debris, acts of God, or similar external causes when Carrier is not legally responsible for the occurrence.

Nothing in this section eliminates responsibility for damage caused by negligence or other legally actionable conduct.

CUSTOMER OR AUTHORIZED REPRESENTATIVE MUST BE AVAILABLE
Customer shall be available or designate a responsible adult or other legally authorized person to act at pickup and delivery.

The authorized representative may:

• Release the vehicle;

• Receive the vehicle;

• Participate in inspections;

• Sign the Bill of Lading; and

• Communicate with Carrier concerning pickup or delivery.

Actions taken and documents signed by Customer's authorized pickup or delivery representative may be treated as actions taken on Customer's behalf to the extent permitted by applicable law.

PAYMENT OF CARRIER BALANCE
Customer shall pay the transportation balance according to the payment method stated on the shipping order, rate confirmation, or Carrier instructions approved by Enterprise.

If the order is designated as a discounted cash/COD arrangement, Customer must have the required payment available at delivery.

Accepted payment methods may include, depending upon Carrier and the written order:

• Cash;

• Certified funds;

• Cashier's check;

• Money order;

• Electronic payment accepted by Carrier; or

• Another payment method specifically approved.

Customer shall not assume Carrier will accept:

• Personal check;

• Credit card;

• Debit card;

• Venmo;

• Zelle;

• Cash App; or

• Another payment method

unless that payment method has been confirmed.

A legitimate vehicle-damage claim and the obligation to pay undisputed transportation charges are generally separate matters.

Nothing in this provision waives Customer's legally protected rights concerning billing disputes.

FAILURE OR REFUSAL TO ACCEPT DELIVERY
If Customer or Customer's authorized representative cannot or will not accept delivery when Carrier reasonably arrives according to the agreed transportation arrangement, Carrier may place the vehicle in lawful storage when reasonably necessary.

Customer may be responsible for reasonable and documented:

• Storage expenses;

• Redelivery expenses;

• Towing expenses; or

• Related expenses

caused by Customer's failure to accept delivery.

Carrier remains responsible for complying with its applicable legal and contractual obligations concerning the vehicle while the vehicle remains in Carrier's possession or control.

ENTERPRISE RIGHT TO DECLINE OR CANCEL AN ORDER
Enterprise may decline or cancel a transportation order before vehicle pickup for a legitimate:

• Business;

• Safety;

• Compliance;

• Fraud-prevention;

• Carrier-verification;

• Carrier-availability;

• Pricing;

• Operational; or

• Legal reason.

If Enterprise cancels the order through no material fault of Customer and transportation has not begun, Enterprise will return amounts Customer is legally entitled to have refunded.

Nothing in this provision permits Enterprise to retain money for services that applicable law requires Enterprise to refund.

CARRIER NONPERFORMANCE
If an assigned Carrier:

• Cancels;

• Fails to appear;

• Experiences equipment failure;

• Becomes legally unable to continue;

• Is placed out of service;

• Experiences a driver-qualification problem; or

• Otherwise fails to perform,

Enterprise may ASSIST Customer by attempting to locate and arrange a replacement Carrier.

Replacement transportation may require:

• Additional time;

• A different Carrier;

• A different truck;

• Different pickup arrangements; or

• A revised transportation price.

Enterprise's assistance in arranging replacement transportation does not mean Enterprise assumes custody or control of the vehicle or Carrier's responsibility for the vehicle.

Enterprise will communicate a material price change to Customer before Customer becomes obligated to pay it whenever reasonably practicable.

DOUBLE BROKERING, FRAUD AND ASSISTANCE WITH VEHICLE RECOVERY
Enterprise prohibits Carriers from unauthorized double brokering, re-brokering, assigning, transferring, or otherwise providing Customer's vehicle to an undisclosed or unauthorized motor carrier.

The Carrier that accepts and/or takes possession of Customer's vehicle remains responsible for the vehicle while it is in Carrier's possession or control to the extent provided by applicable law and Carrier's transportation obligations.

If Enterprise learns or reasonably suspects that Customer's vehicle has been:

• Double brokered;

• Improperly transferred;

• Abandoned;

• Wrongfully withheld;

• Provided to an unauthorized motor carrier; or

• Otherwise placed in the possession of an unauthorized third party,

Enterprise may ASSIST Customer in attempting to locate and recover the vehicle.

Such assistance may include:

• Requesting the vehicle's current location from Carrier;

• Requesting the identity and contact information of the person or entity possessing the vehicle;

• Contacting Carrier;

• Contacting Carrier's driver;

• Contacting Carrier's dispatcher;

• Providing Customer with available Carrier information;

• Providing Customer with available Carrier insurance information;

• Communicating with Carrier's insurance company or authorized insurance agency;

• Assisting Customer in communicating with law enforcement;

• Assisting Customer in communicating with FMCSA or another regulator;

• Assisting Customer in communicating with Central Dispatch;

• Providing relevant transportation records reasonably available to Enterprise;

• Assisting Customer in identifying a replacement authorized motor carrier; and

• Arranging replacement transportation when requested and reasonably possible.

ENTERPRISE'S ASSISTANCE DOES NOT MEAN THAT ENTERPRISE TAKES POSSESSION, CUSTODY, OR CONTROL OF CUSTOMER'S VEHICLE.

ENTERPRISE DOES NOT ASSUME THE MOTOR CARRIER'S RESPONSIBILITY TO PHYSICALLY RECOVER, RELEASE, STORE, PROTECT, SECURE, OR TRANSPORT CUSTOMER'S VEHICLE.

The Carrier and any person or entity having actual possession or control of the vehicle remain responsible for complying with their respective legal and contractual obligations.

Enterprise's efforts to assist Customer shall not, by themselves, convert Enterprise from a transportation broker into a motor carrier, bailee, custodian, towing company, recovery company, or other entity having physical possession or operational control of Customer's vehicle.

Customer authorizes Enterprise, when reasonably necessary to assist Customer, investigate suspected fraud, locate the vehicle, facilitate continued transportation, or protect Customer's interests, to communicate relevant shipment information to:

• Carrier;

• Carrier's driver;

• Carrier's dispatcher;

• Carrier's insurer or authorized insurance agency;

• Replacement motor carriers;

• Central Dispatch;

• FMCSA or another regulator;

• Law enforcement;

• Customer's insurer;

• Customer's attorney; or

• Other appropriate persons or entities reasonably involved in locating the vehicle or resolving the transportation issue.

Enterprise may provide these efforts as customer-service and brokerage assistance.

ENTERPRISE DOES NOT GUARANTEE THAT A VEHICLE CAN BE IMMEDIATELY LOCATED, RELEASED, RECOVERED, OR DELIVERED.

RESPONSIBILITY FOR VEHICLE WHILE IN CARRIER'S POSSESSION
Once Carrier takes physical possession of Customer's vehicle, Carrier is responsible for its transportation operations and for the vehicle to the extent imposed by applicable law and Carrier's transportation obligations.

Enterprise does not take physical possession of Customer's vehicle merely because Enterprise:

• Arranged transportation;

• Selected Carrier;

• Communicated with Carrier;

• Received shipment updates;

• Tracked transportation progress;

• Requested the vehicle's location;

• Assisted Customer with a claim;

• Assisted Customer after Carrier nonperformance;

• Assisted Customer following suspected double brokering; or

• Arranged replacement transportation.

Enterprise's assistance does not transfer Carrier's motor-carrier responsibilities to Enterprise.

CUSTOMER COMMUNICATIONS
Customer agrees to provide accurate:

• Telephone number;

• Email address;

• Pickup information;

• Delivery information;

• Vehicle information; and

• Contact information.

Customer shall promptly notify Enterprise of a material change.

Enterprise may communicate with Customer by telephone, email, text message, electronic platform, or another method reasonably related to Customer's transportation order, subject to applicable communications law.

PRIVACY AND TRANSACTION RECORDS
Enterprise may collect and retain information reasonably necessary to:

• Process the transportation order;

• Verify Customer identity;

• Prevent fraud;

• Process payment;

• Document electronic agreement;

• Defend payment disputes;

• Respond to legal process;

• Investigate transportation incidents;

• Comply with applicable law; and

• Maintain ordinary business records.

Information may include:

• Customer's electronic signature;

• Transaction date and time;

• IP address;

• Electronic acceptance records;

• Contact information;

• Payment records;

• Shipment information; and

• Communications.

Enterprise will handle such information according to applicable law and Enterprise's applicable privacy practices.

ELECTRONIC SIGNATURE AND CONSENT
Customer agrees to conduct this transaction electronically.

Customer's electronic signature, checkbox acceptance, click acceptance, or other electronic process intended to signify agreement constitutes Customer's electronic signature to the extent permitted by applicable law.

Customer agrees that electronic records relating to the transaction may be retained as evidence of:

• Customer's agreement;

• Order details;

• Payment authorization;

• Communications;

• Carrier assignment; and

• Performance.

Customer should retain or download a copy of these Terms and the applicable order for Customer's records.

NO GUARANTEE OF ACCIDENT-FREE TRANSPORTATION
Enterprise's carrier-selection and verification processes are intended to reduce risk but cannot eliminate all transportation risk.

Enterprise does not warrant that transportation will be entirely free from:

• Accidents;

• Road hazards;

• Weather events;

• Mechanical breakdowns;

• Regulatory events;

• Carrier delays;

• Third-party misconduct;

• Fraud; or

• Other transportation risks.

Nothing in this section eliminates liability imposed by applicable law.

LIMITATION OF BROKER LIABILITY
To the fullest extent permitted by applicable law, Enterprise is not liable for loss or damage caused solely by the independent Carrier's transportation operations where Enterprise itself is not legally responsible for the loss.

Enterprise shall not be deemed to have physical custody, possession, or operational control of Customer's vehicle merely because Enterprise:

• Arranged transportation;

• Selected Carrier;

• Communicated with Carrier;

• Verified Carrier information;

• Requested driver information;

• Requested CDL information;

• Requested truck information;

• Verified insurance;

• Monitored transportation;

• Assisted Customer with a damage claim;

• Assisted Customer with a Carrier problem;

• Assisted Customer in attempting to locate or recover a vehicle;

• Communicated with authorities or insurers; or

• Arranged replacement transportation.

Nothing in this Agreement:

• Releases Enterprise from liability that applicable law does not permit Enterprise to disclaim;

• Requires Customer to waive a claim before the facts giving rise to that claim exist where such waiver is prohibited;

• Eliminates liability for Enterprise's own intentional misconduct; or

• Eliminates liability otherwise imposed upon Enterprise by applicable law.

CONSEQUENTIAL AND INCIDENTAL DAMAGES
To the fullest extent permitted by applicable law, Enterprise is not responsible for indirect, incidental, special, or consequential expenses resulting solely from ordinary transportation delay or Carrier scheduling, including:

• Rental vehicles;

• Airline tickets;

• Hotels;

• Lodging;

• Lost wages;

• Missed appointments;

• Missed work;

• Travel changes; or

• Similar consequential expenses,

unless Enterprise expressly agreed in writing to assume such expense or applicable law provides otherwise.

CUSTOMER INDEMNIFICATION
To the fullest extent permitted by applicable law, Customer shall indemnify and hold Enterprise harmless from third-party claims, losses, liabilities, or reasonable expenses to the extent caused by:

• Customer's material misrepresentation;

• Customer's lack of authority to ship the vehicle;

• Dangerous or unlawful property placed inside the vehicle by Customer;

• Customer's breach of these Terms;

• Customer's failure to disclose a material vehicle condition; or

• Customer's negligent or intentional conduct.

Customer is not required to indemnify Enterprise for Enterprise's sole negligence or intentional misconduct where such indemnification is prohibited by applicable law.

GOOD-FAITH DISPUTE RESOLUTION
Before filing a lawsuit concerning a contractual billing or brokerage dispute, the parties agree to make a good-faith effort to resolve the matter directly.

Customer may submit a written dispute to:

Enterprise Auto Transport
Email: rena@enterpriseautotransport.com
Phone: 239-273-4649

This section does not prevent either party from:

• Seeking emergency injunctive relief;

• Preserving a statute of limitations;

• Reporting legitimate conduct to a governmental agency;

• Filing an insurance claim;

• Exercising legally protected consumer rights; or

• Taking another action applicable law does not permit the parties to restrict.

GOVERNING LAW
Except where controlling federal law applies, this Agreement shall be construed under the laws of the State of Florida, without regard to conflict-of-law principles to the extent permitted by applicable law.

VENUE AND JURISDICTION
To the extent permitted by applicable law, contractual disputes between Customer and Enterprise arising from Enterprise's brokerage services shall be brought in a court of competent jurisdiction located in Collier County, Florida, or in the federal judicial district having jurisdiction over Collier County.

Each party consents to personal jurisdiction in such courts to the extent legally enforceable.

This venue provision does not override a venue, jurisdiction, or forum right that applicable law prohibits the parties from waiving.

ASSIGNMENT
Customer may not assign Customer's contractual rights or obligations under this Agreement to another person without Enterprise's written consent, except that Customer may authorize another person to act for Customer at pickup or delivery.

Enterprise may assign this Agreement in connection with a lawful sale, merger, restructuring, or transfer of substantially all relevant business assets, subject to applicable law.

SEVERABILITY
If a provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions remain effective to the fullest extent permitted by applicable law.

If legally permissible, an unenforceable provision may be interpreted or limited to the minimum extent necessary to make it enforceable.

NO WAIVER
Enterprise's failure to enforce a provision on one occasion does not waive Enterprise's right to enforce that provision on another occasion.

Customer's or Enterprise's waiver of a particular breach does not constitute waiver of a later breach.

ENTIRE AGREEMENT
These Terms, together with:

• Customer's shipping order;

• Applicable rate confirmation;

• Written modifications;

• Carrier Bill of Lading where applicable; and

• Other documents expressly incorporated into the transaction,

constitute the agreement relating to Enterprise's brokerage services.

Carrier's Bill of Lading may separately govern Carrier's transportation obligations.

If a Carrier document purports to impose obligations upon Enterprise that Enterprise did not authorize or accept, that Carrier document does not by itself modify Enterprise's brokerage agreement.

CHANGES TO AN EXISTING ORDER
A material change affecting an existing accepted Customer order should be documented in writing or electronic communication.

Enterprise will not retroactively impose a material new contractual obligation upon an already accepted order solely by modifying website terms after Customer accepted the order.

CUSTOMER ACKNOWLEDGMENT
BY ELECTRONICALLY SIGNING OR ACCEPTING THIS AGREEMENT, CUSTOMER ACKNOWLEDGES THAT:

• CUSTOMER HAS BEEN GIVEN AN OPPORTUNITY TO READ THESE TERMS.

• ENTERPRISE AUTO TRANSPORT IS A FEDERALLY LICENSED TRANSPORTATION BROKER AND ARRANGES TRANSPORTATION THROUGH INDEPENDENT MOTOR CARRIERS.

• THE MOTOR CARRIER, NOT ENTERPRISE, PHYSICALLY TRANSPORTS THE VEHICLE.

• ENTERPRISE DOES NOT TAKE PHYSICAL POSSESSION, CUSTODY, OR OPERATIONAL CONTROL OF THE VEHICLE MERELY BY ARRANGING OR ASSISTING WITH TRANSPORTATION.

• PICKUP AND DELIVERY DATES ARE ESTIMATES UNLESS EXPRESSLY GUARANTEED IN WRITING.

• CUSTOMER MUST ACCURATELY DISCLOSE VEHICLE CONDITION, SIZE, MODIFICATIONS, OPERABILITY, PICKUP INFORMATION, AND DELIVERY INFORMATION.

• CUSTOMER SHOULD INSPECT THE VEHICLE AT PICKUP AND DELIVERY AND DOCUMENT ITS CONDITION.

• FOR INTERSTATE MOTOR-CARRIER TRANSPORTATION, CARRIER LIABILITY FOR ACTUAL LOSS OR INJURY TO THE VEHICLE MAY BE GOVERNED BY THE CARMACK AMENDMENT, 49 U.S.C. §14706, WHERE APPLICABLE.

• MOTOR CARRIERS GENERALLY DO NOT ALLOW PERSONAL OR HOUSEHOLD PROPERTY INSIDE VEHICLES.

• UPON REQUEST, ENTERPRISE MAY ASK THE ASSIGNED CARRIER TO ALLOW UP TO APPROXIMATELY 100 POUNDS OF PERSONAL PROPERTY, BUT ENTERPRISE DOES NOT GUARANTEE THAT THE CARRIER WILL ACCEPT IT.

• PERSONAL PROPERTY EXCEEDING 100 POUNDS IS SUBJECT TO CARRIER AND/OR DRIVER DISCRETION.

• CUSTOMER MUST CONTACT THE ASSIGNED CARRIER BEFORE PICKUP IF CUSTOMER INTENDS TO TRANSPORT MORE THAN 100 POUNDS OF PERSONAL PROPERTY.

• ENTERPRISE IS NOT RESPONSIBLE FOR ADDITIONAL CARRIER FEES OR SURCHARGES CAUSED BY CUSTOMER PLACING MORE THAN 100 POUNDS OF PERSONAL PROPERTY INSIDE THE VEHICLE.

• IF A CARRIER FAILS TO PERFORM, DOUBLE BROKERS A VEHICLE, BECOMES DISQUALIFIED, OR ANOTHER TRANSPORTATION PROBLEM OCCURS, ENTERPRISE MAY ASSIST CUSTOMER BUT DOES NOT ASSUME CARRIER'S RESPONSIBILITY TO PHYSICALLY RECOVER, RELEASE, STORE, PROTECT, SECURE, OR TRANSPORT THE VEHICLE.

• CUSTOMER UNDERSTANDS THE APPLICABLE CANCELLATION AND REFUND TERMS.

• CUSTOMER AGREES TO PAY THE TRANSPORTATION PRICE AND OTHER AUTHORIZED CHARGES ACCORDING TO THE APPLICABLE ORDER.

• CUSTOMER CONSENTS TO ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES.

• CUSTOMER UNDERSTANDS THAT ENTERPRISE MAY RETAIN ELECTRONIC ACCEPTANCE AND IP INFORMATION FOR TRANSACTION SECURITY, DOCUMENTATION, FRAUD PREVENTION, AND PAYMENT-DISPUTE PURPOSES, SUBJECT TO APPLICABLE LAW.

• CUSTOMER UNDERSTANDS THAT NOTHING IN THESE TERMS REQUIRES CUSTOMER TO WAIVE A LEGAL RIGHT THAT APPLICABLE LAW DOES NOT PERMIT CUSTOMER TO WAIVE.

CUSTOMER'S ELECTRONIC SIGNATURE CONSTITUTES ACCEPTANCE OF THESE TERMS.

ENTERPRISE AUTO TRANSPORT

Licensed Transportation Broker
MC #774106

Phone:
239-273-4649

Email:
rena@enterpriseautotransport.com

Website:
www.enterpriseautotransport.com