TERMS & CONDITIONS

WRITTEN ORDER FOR SERVICE, BILL OF LADING
AND CONTRACT FOR RESIDENTIAL, AND COMMERCIAL SHIPMENTS

THIS WRITTEN BINDING ESTIMATE, ORDER FOR SERVICE, BILL OF LADING AND CONTRACT COVERS ONLY THE LOADING, TRANSPORTATION AND UNLOADING OF THE GOODS SPECIFIED ON THE INVENTORY SHEET ATTACHED HERETO AND MADE A PART HEREOF, AND THE SERVICES SPECIFIED ON THE REVERSE SIDE HEREOF (THIS “AGREEMENT”), IT IS OFFERED SUBJECT TO THE FOLLOWING PROVISIONS:

1. Nothing in this Agreement shall limit the right of the Carrier to require the prepayment or guarantee of the charges at the time of shipment or prior to delivery. If the description of articles on the inventory list, attached hereto and made a part hereof as the “Inventory”, or other information on this Agreement is found to be incorrect or incomplete, the charges must be paid based upon the articles actually shipped. Carrier will not modify this Agreement or the charges herein for a change in the cubic feet indicated on the Inventory which represents less than ten percent of the total. Any necessary charges not listed on this Agreement, including but not limited to, elevator charges, utility charges, and charges related to security personnel, shall be the sole responsibility of the Shipper. If at the time of the move the Shipper requests additional services that are not labor related and that are not listed on the binding estimate/bill of lading, an adjustment will be made by the Carrier to this Agreement to reflect the Carrier’s published tariff rates at the time of the adjustment for such additional services. All unpaid balances will incur a finance charge of 9% per annum or the highest interest rate allowed by law.
2. If Shipper requests or requires additional goods to be moved or services provided which are not included and itemized on the Inventory or in this Agreement, such charges will be assessed at the Carrier’s applicable tariff rates at the time of the initial unloading conducted at destination. Estimated volume will be used for items assessed on a cubic foot basis. On prepaid shipments or on shipments when prior credit arrangements have not previously been established, the Carrier may collect the charges for any additional goods or services upon delivery. Unless otherwise noted, this Agreement allows for up to two hundred fifty feet of distance between the truck and the loading or unloading zones without an additional charge. However, if the truck cannot be parked within two hundred fifty feet from the destination, Carrier reserves the right to charge Shipper $0.20 per cubic foot for every one hundred feet over two hundred fifty feet that their employees, agents or representatives must travel between the truck and the origin or/and the truck and the destination.
3. This Agreement is conditioned upon (a) the Carrier having exclusive and uninterrupted use of the requisite number of elevators with necessary elevator operators provided by Shipper; and (b) the origin and destination being clear of obstructions, having accessible entryways, adequate parking and, when applicable, reasonable sidewalks. Any changes to this Agreement must be made within forty eight hours prior to the move. Failure to cancel the move within forty eight hours prior to the move date may incur a $175.00 cancellation fee.  Undisclosed Stair Carry and Long Push charges may apply.
4. No Carrier or party in possession of all or any of the property herein described shall be liable for any loss thereof or damage thereto or delay caused by the act of God, the public enemy, the acts of public authority, quarantine, riots, strikes, perils of navigation, the act or default of the Shipper or owner, the nature of the property or defect thereof. Unless otherwise agreed upon, no Carrier or party in possession of all or any of the property herein described shall be liable for the loss or damage thereto or responsible for its condition, operation or proper function, whether or not such property or any part of it is packed, unpacked, or packed and unpacked by any Shipper or its agent or the Carrier or its agent. No Carrier or party in possession of all or any of the property herein described shall be liable for damage to or loss of contents of pieces of furniture, crates, bundles, cartons, boxes, barrels or other containers unless such containers are open for the Carrier’s inspection and then only for such articles as are specifically listed by the Shipper and receipted for by the Carrier or its agent. Carrier or party in possession of any of the property herein described shall not be liable for delay caused by highway obstruction, or faulty or impassable highway, or lack of capacity of any highway, bridge, or ferry, or caused by breakdown or mechanical defect of vehicles or equipment. Unless arranged or agreed upon, in writing, prior to shipment, Carrier is not bound to transport a shipment by a particular schedule or in time for a particular market, but is responsible to transport with reasonable dispatch.  In case of physical necessity, Carrier may forward a shipment via another Carrier. Carrier shall not be liable for consequential or special damages of any type or nature whatsoever and howsoever arising, whether Carrier had, or should have had, knowledge such damages might be incurred, including, without limitation, personal injury, loss of profits, loss of income, loss of business opportunities, rental expenses and/or loss of ability to use undamaged components or system parts.

 

5. Unless otherwise provided, the following property will not be accepted for shipment: Bank bills, coin or currency, deeds, notes drafts or valuable papers of any kind, jewelry, postage stamps, stamp collections, revenue stamps, letters or packets of letters, photographs, precious stones, firearms, ammunition or contraband, or articles manufactured there from or perishable articles.  Should such articles come into the possession of the Carrier without its knowledge, responsibility for safe delivery will not be assumed. Any internal electrical or mechanical component of any device is not covered unless external damages are noted at time of delivery.  Loss of data, software and recalibration are always excluded from coverage. Carrier shall not be liable for damaged property that has been packed by Shipper unless there is obvious damage to the container.  If a container packed by Shipper is lost and the Shipper has chosen valuation coverage, Carrier will only accept liability based on the estimated weight of the container multiplied by: $3.00 per pound for replacement cost value or 60 cents per pound if Shipper waives valuation coverage.

 

6. (a) As a condition precedent to recovery, claims must be filed in writing with any participating Carrier having sufficient information to identify the shipment. (b) Claims for loss or damage must be filed within ninety days after the delivery of the property (or, in the case of export traffic, within ninety days after delivery at the port of export), except in the case of non-delivery, claims for failure to make delivery must be filed within ninety days after a reasonable time for delivery has elapsed. (c) Suits for loss, damage, injury or delay shall be instituted against Carrier no later than two years and one day from the day when written notice is given by the Carrier to the claimant that the Carrier has disallowed the claim or any part or parts of the claim specified in the notice. Where claims are not filed or suits are not instituted thereon in accordance with the foregoing provisions, Carrier shall not be liable, and such claims will not be paid. (d) Carrier or party liable for loss of or damage to any of said property shall have the full benefit of any insurance that may have been effected upon, or on account of said property, so far as this provision shall not void the policies or contracts of insurance, provided, that the Carrier receiving the benefit of such insurance will (i) reimburse the claimant for the premium paid on the insurance policy or contract; or (ii) reimburse the claimant at the valuation level chosen by Shipper. (e) If the consignee refuses the shipment tendered for delivery by Carrier or if Carrier is unable to deliver the shipment because of fault or mistake of the consignor or consignee, the Carrier’s liability shall then become that of a warehouseman and it is agreed that the Carrier shall have a lien against the entire contents of the shipment which shall extend to the proceeds from the sale thereof for all charges noted herein as well as for any other charges or expenses related to the transportation, storage and sale of the shipment. Carrier shall promptly attempt to provide notice, by telephonic or electronic communication as provided on the face of this Agreement, if so indicated, to the Shipper or the party, if any, designated to receive notice regarding this Agreement. Storage charges, based on Carrier’s tariff, shall start no sooner than the next business day following the attempted notification. Storage may be, at the Carrier’s option, in any location that provides reasonable protection against loss or damage. The Carrier may place the shipment in public storage at the owner’s expense and without liability; in this event public storage will be treated as the destination for the purposes of this Agreement. (f) In the event of loss or damage to: (i) any article or articles which are part of a pair or set, the measure of loss of or damage to such article or articles shall be a reasonable and fair proportion of the total value of the damaged article, giving consideration to the importance of said article or articles, but in no event shall such loss or damage be construed to mean total loss of the pair or set; or (ii) any part of property covered consisting, when complete for use, of several parts, the Carrier shall only be liable for the value of the part lost or damaged. (g) Carrier shall not be liable for taxes or shipping and handling fees associated with the replacement of damaged or lost articles. (h) Any party who ships explosives or dangerous goods, without previous full written disclosure to the Carrier of their nature, shall be liable for and indemnify the Carrier against all loss or damage caused by such goods. Such goods may be warehoused at owner’s risk and expense or destroyed without compensation. (i) Carrier shall not be liable for damages to furniture made, in whole or in part, of compressed wood or particle board.
7. Carrier provides its Complimentary Coverage on individual moves conducted by or under Carrier’s state or federal Department of Transportation license(s) within the contiguous United States. Complimentary Coverage covers any item(s) specifically listed on the inventory list that are subsequently destroyed, damaged or lost while in Carrier’s custody and control; at Carrier’s discretion, it will either (1) have the item repaired, (2) replace it with a similar item or (3) make a cash settlement for the cost of the repair or for the then current market replacement value of the item (options 1, 2 and 3 jointly referred to herein as the “Complimentary Coverage Policy”). The Complimentary Coverage Policy will cover up to $2,500.00 of the repair and/or replacement cost of any qualifying item(s) on a per move basis, subject to a $500.00 deductible. The Complimentary Coverage Policy will not negatively affect the released rate of 60 cents per pound per article or the carrier’s maximum liability (“Released Rate”), or valuation coverage and/or Full (Replacement) Value Protection as contractually agreed upon by the shipper and carrier and as governed by applicable state and federal law (“Valuation”); rather, the shipper will be entitled to the higher of the coverage between those provided under the Released Rate, Valuation or Complimentary Coverage as applicable on a per move basis.  In any case, Complimentary Coverage will not increase carrier’s liability above and beyond the maximums set forth under the Released Rate, Valuation or any applicable state or federal laws.
8. Shipper understands that under Section 14104 of Title 49 USC, Shipper may be entitled to receive a written estimate for transporting their household goods shipment. Shipper further understands that Carrier must conduct a physical survey of the articles Shipper intends to move and must provide the estimate of charges based on this physical survey. Shipper also understands that Shipper may waive its right to the physical survey of its goods by signing this Agreement. Understanding its rights, by signing this Agreement Shipper waives its right to receive an estimate based on a physical survey of the shipment.
9. This Agreement contains the entire agreement between the respective parties hereto and no statement or representation of the respective parties hereto, their agents or employees, made outside of this Agreement, and not contained herein, shall form any part hereof or bind any party hereto. Nothing herein contained shall be construed to be more restrictive than rules or tariff of any governmental agency having jurisdiction. This Agreement may be revised or terminated by either party hereto at any time on or before forty eight hours before the pickup date.