legal terms
CUSTOMER ACCEPTS ANY AND ALL LIABILITY OF WATER DAMAGE. OUR COMPANY WILL NOT DISCONNECT OR RECONNECT ANY WATER LINES UNLESS ARRANGED PRIOR TO THE MOVE IN WRITING. Unless otherwise specified, customer expressly releases the shipment to a declared value of $0.60 per pound per article, and shall continue during and all services rendered. Carriers maximum liability for loss and damage shall be either the lump sum value declared by the customer below, or $0.60 per pound per article. There is a $250.00 deductible to the customer under the terms of this valuation. Rates for increase valuation are available upon request. In the event of any litigation, customer agrees that venue lies in Our County. The company is not liable for damage to items packed by others or for items which require packing for safe handling.ie mirrors, marble, pictures, glass tops, lamps, or lamp shades, box springs, and mattresses, and all other unpacked fragile items, as well as all breakables packed in a carton by customer. Furthermore, all functions of electrical and mechanical appliances to include, but not limited to, computers, refrigerators, televisions, stereos, washing machines, dryers, etc. Unless there is visible outward damage. In no case is the carrier liable due to the inherent vice nature of any article being moved. I also agree to all Terms and Conditions on the back of this contract. I understand that the movers in attempting to get a piece of furniture into an area that said piece has difficulty entering or exiting from is not insured. This said piece or pieces and the property damage that may incur is not insured in this event. I hereby knowingly accept all responsibility to any and all damages that may incur to existing property such as walls, bannisters, doorways, light fixtures, fans, sprinklers, etc., and all floor coverings,i.e. rugs, linoleum, wooden floors, laminate, tile, etc. In this instance, any kind of damage to the furniture or property is not covered or the responsibility of the mover.
A CASHIERS CHECK OR CREDIT CARD IS REQUIRED PRIOR TO UNLOADING OF GOODS FROM OUR VEHICLES. LOCAL MOVES WITHIN 400 MILES MAY PAY CASH, CASHIERS CHECK, A CREDIT CARD. If invoice is not paid a service charge of 1.5% per month (18% per year) will be added to the unpaid balance. Should collection procedures be necessary to collect this bill, the customer agrees to pay and all costs of collection including reasonable attorney fees.
(A) Aside from the valuation declared, the Moving companies liability shall not exceed 60 cents per article for any of the following: i) In the event of injury or damage to any fragile articles (articles susceptible to breakage or crushing), the Mover shall be liable only in the amount of 60 cents per pound per article, unless such items/articles are both packed and unpacked by its employees, and subject to the further condition that such injury or damage is caused by the Mover; ii) The Mover may, at its sole discretion, refuse to move any items, including, but not limited to currency, , coins, money, jewelry, bullion, notes, securities, precious stones, furs, species, silverware, watches, pearls, documents, stamps, accounts bills, Deeds, evidences of debt, letters, manuscripts, mechanical drawings, blueprints, records, or other valuable papers, or any article of extraordinary high value (value in excess of $100 per pound), and shall only carry such articles when specifically declared in writing, and the additional valuation charges are paid by the Shipper. In the event of a claim related to any and all such undeclared articles, the Mover shall not be liable for an amount in excess of 60 cents per pound per article, for any reason whatsoever; iii) The Mover shall not be charged with the knowledge of the contents of containers or drawers or condition thereof, which the shipper packed, prepared, sealed, or refuses to open to allow the Mover to inspect, and the Mover shall be liable only in the amount of 60 cents per pound per article for damage, injury, or loss to such containers or the contents thereof: iv) The Mover’s liability shall not exceed 60 cents per article/item for the electrical or mechanical or electrical malfunction of any articles such as, but not limited to computers and computer equipment, camera’s, pianos, radios, television sets, video cassette recorders (VCR’s), digital video games, players, barometers, washers, dryers, refrigerators, clocks, air conditioners, whether or not such articles are packed or unpacked by the Mover. (B) the Mover has the right and shall be immediately notified of, and given an opportunity to inspect all claims for damage, including any concealed and/or external damage to the items and original packing materials. (C) The Mover’s liability with regard to sets or matched pieces shall be limited to repair or replacement, whichever is less, of the lost or damaged pieces only, and shall not extend to repair, replacement, or recovering the entire set, but in no-event to exceed the released or declared value as indicated. (D) The Mover shall not be liable or responsible for loss or damage caused after the property has been delivered to or receipted for by the consignee or Shipper or the authorized agent of either. (E) Where the Mover is directed to load property from (or render any services at) a place or places at which the Shipper or its agent is not present, the property shall be loaded at the risk of the Shipper before loading. (F) The Mover will not be liable for the following: i) any loss or damage caused by ordinary wear and tear, mold, mildew, termites, rodents, vermin, moths, bed bugs, and other insects, rust, leakage, tarnish, oxidation, fumigation, heat, cold, moisture, change in temperature, or other atmospheric conditions. ii) Any loss or damage caused by natural deterioration inherent vice or defect of the property, or loss, damage, or decay contributed to or caused by acts, neglect, or omissions of the Shipper, or by acts of war, terrorism, insurrection, nuclear explosion or contamination, strikes, labor disturbances, fire, riots, or by any acts of God. (G) Where the shipment has been released to the mover at a value not exceeding 60 cents per pound per article as per declaration of value on the face hereof, it is agreed that the said property be moved, packed, shipped, forwarded, or otherwise handled with the Mover’s liability limited to 60 cents per pound per article. All of the liability in excess of 60 cents per pound per article is solely the Shipper’s responsibility with respect to any loss, damage, or delay for any reason whatsoever. (H) Where the shipment has been released to the Mover at a value in excess of 60 cents per pound per article as per declaration of value on the face hereof, and in consideration of the additional charge for such value scheduled thereon, it is agreed that the Mover’s liability shall not exceed the cost of repairing or replacing the property lost or damaged with materials of like kind and quality, whichever is less, not exceeding the actual cash value of the property at the time and place of loss, with due allowance for depreciation or deterioration however caused, but in no event shall the Mover’s liability for all loss and damage to the Shippers property exceed the value declared by the Shipper, in writing, on the face of this agreement hereof. (I) The company is not responsible for any fragile articles injured or broken, unless packed by its employees and unpacked by them at the time of delivery. The company will not be responsible for mechanical or electrical functioning of any article such as but not limited to pianos, radios, phonographs, televisions, clocks, barometers, computers, phones, refrigerators, washers, dryers, freezers, air conditioners, or other instruments or appliances whether or not such articles are packed or unpacked by the company. |