SECTION 1: LIABILITY OF COMPANY
1. The liability of the Company shall be limited to its own negligence and assumes no
liability of any kind for loss and/or damage beyond its control, including but not limited
to delay caused by its contractors or subcontractors or the mechanical failure of its
motor vehicles, providential causes and acts of government, or any other unforeseen
circumstances which may arise and prevent the Company from fulfilling its obligation of
performance to the Shipper. The parties acknowledge that the Company is not liable for the
following, including, but not limited to early or late arrival, change of date, for
charges imposed on the Shipper relating to the use of loading docks/elevators,
building/complex regulations, parking citations and purported mental stress, anxiety,
missed appointments and the like.
2. The Company is not an insurer; however, In consideration of a premium paid, the
Company may elect, at its sole discretion, to provide a certificate of insurance from its
insurer to the Shipper. If the Company elects to provide a Certificate of Insurance to the
Shipper, he shall be bound by the all of the provisions of this Agreement as well as those
further stated on any Certificate of Insurance the Company may elect to issue.
3. The Company provides actual cash value liability coverage for
loss and/or damage to property moved caused by its own negligence
in the amount of SIXTY CENTS, PER POUND, PER ARTICLE ($.60) up to
FIVE THOUSAND DOLLARS($5,000.00). In the event of loss and/or damage,
the Shipper is responsible for a FIVE HUNDRED DOLLAR($500.00) DEDUCTIBLE
unless a higher valuation or lower deductible is declared in writing
on this bill prior to the commencement of the work and a premium
is paid to and tendered by the Company for the assumption of such
liability. The Company's limit of liability for damage to property
other than that which is being moved shall be only liable for an
amount no greater than the insurance coverage the Company carries,
less a $500.00 deductible which the Shipper shall be responsible
for. The Company further limits its liability for personal injury
to an amount no greater than the amount of insurance coverage the
4. The Company's maximum legal liability for the entire shipment is $5,000.00, unless a
higher valuation is declared in advance and a premium is paid to and tendered by the
Company for the assumption of such liability.
SECTION 2: LIMITS ON LIABILITY
1. The Company shall not be liable for damage to the contents of cartons or boxes
packed by the Shipper. The Company shall not be chargeable with the knowledge of the
contents of any containers. The Company shall not be responsible for loss and/or damage to
furniture or damage otherwise resulting from articles which have been left inside drawers
or otherwise left unpacked. If a claim for loss/damage is made for a carton or an item
which was packed by the Company, the Shipper agrees to retain the carton and its packaging
material in the condition in which the damage was discovered until it can be inspected by
the Company or its agent.
2. The Company shall not be liable for damage to loose fragile items that are not
packed appropriately by the Shipper, including, but not limited to, improperly packed or
unpacked pictures, paintings. lamps and lampshades, mirrors, all electronics, all
forms (whether framed or not) of glass, ceramic, marble, laminate, veneer; all items
constructed of pressboard/particleboard. The Company is not liable for damage to items
that are weak and poorly assembled/constructed, loose, previously damaged, or
assembled/disassembled by owner,
3. The Company shall not be liable for any damage to articles which are required to be
moved in a manner which is dangerous or unusual; nor shall there be any liability for
items moved or for structural damage to restricted access and/or bulky articles such as
pianos, appliances, large couches, etc....
4. The Company shall not be liable for any damage to articles carried at any time
during the moving process by the Shipper, their friends, relatives, etc. The Company is
not liable for damage to any item which the Shipper drops or participates in carrying or
for personal injury resulting from the Shipper's participation in the move. The Shipper is
responsible for keeping all persons, including, in particular, children and all pets away
from the moving sites. The Company shall not be liable for personal injuries negligently
inflicted on such person or pets in the moving sites, or for damages to property resulting
from such persons or pets being in the moving sites.
5. The Company warrants that it will use reasonable care during the moving process.
Ordinary wear and tear will not be the responsibility of the Company and the Company is
exempted from liability for damage or injury to the cosmetics or functioning parts of
pianos, all electronics, electromechanical devices, mechanical devices, musical
instruments, or other items of like nature, whether packed by the Company or not as well
as scratches and chips, unless there is clear and convincing evidence of gross negligence
on the part of the Company.
SECTION 3: CLAIMS FOR LOSS AND/OR DAMAGE
1. The Shipper agrees to pay the total charges for the services rendered by the Company
to the Shipper, as computed by the Company. Nonpayment of the total charges shall fully
release the Company from any liability resulting from the transportation or handling of
the Shipper's property or of any liability whatsoever relating to or consequential to the
rendering of the services. The obligation of the Shipper to pay the charges is separate
and independent from the Company's obligation to the Shipper, and the Shipper may not
offset his obligation of payment to the Company against any claim which he may have, or
believe he has, against the Company.
2. The Shipper agrees to submit any claims for loss, damage or delay to the Company, in
writing, and on a claim form provided by the Company. A notation for specific damages may
be noted on this document at the completion of the move to satisfy the requirement of
notice of a claim. The Company reserves the right to require the Shipper to complete the
claim form before any settlement or adjustment is considered.
3. The Shipper agrees to notify the Company of any claims for loss/damage within
Fifteen (15) Calendar Days of the date of the move. Furthermore, the Shipper must submit
the claim in writing no later than Thirty Calendar Days (30) Days from the printed date of
the claim form or the Company reserves the right to deny the claim. The Company agrees to
respond to all properly submitted claims within Thirty (30) Days of the date the claim is
4. In the event of loss/damage, the Company reserves the right to exercise one of the
three following options: a. Cost of repairs, subject to the deductible selected by the
Shipper. b. Replacement of the item with one of equal value, subject to the deductible
selected by the Shipper. c. Cash settlement, based upon and supported by proof of value;
i.e.: sales receipts, appraisals, estimates of values by manufacturers, stores, or
professional appraisers and credit card receipt, less depreciation, and subject to the
deductible selected by the Shipper. The Company reserves the right of recovery on items
which have been settled in cash.
5. The Company reserves the right to settle all claims by taking into account the age,
condition, and fair market value of the claimed article, as received, and as determined
solely by the Company and its insurer. The Company shall take into further account any
pre-existing scratches, chips or other damage. In the event the Shipper is unable to
complete the claim form and to provide the required information about a damaged item,
specifically its weight, the Company shall compute the weight of the item using a standard
table of measurements to determine the Company's liability and final settlement of the
SECTION 4: NONPAYMENT
1. A charge of $25.00 will be assessed for each check returned to the Company by your
bank for each time that it is presented and returned.
2. Any amount owed to the Company Thirty (30) Days after final demand for payment has
been made to the Shipper, will be charged interest at a rate of 24%, per annum, or at the
maximum rate allowed by law, whichever is greater, plus the reasonable fees of third-party
collection agencies necessarily incurred in obtaining a recovery, as well as the
reasonable administrative expense of the Company necessarily incurred in obtaining a
SECTION 5: REQUIRED NOTICES
1. The Company may require a security deposit to secure the equipment and date of/for
the move. The deposit will be applied to the final cost of the move. The deposit is
refundable at the sole discretion of the Company with no less than 48 hours (Two Full
Business Days) notice.
2. The Shipper agrees to advise and notify the Company of any problems, difficulties,
concerns, or questions which may arise during the course of the performance of the
services by the Company. The Shipper understands that it is important to notify the
Company during the course of the move of any irregularities so that the Company may be
afforded the opportunity to correct any problems as they may occur. The Shipper
understands and agrees that he/she will forfeit his/her right to seek compensation or
reimbursement for situations and circumstances which had occurred in the course of the
move if the Shipper failed to provide timely notice to the Company.
3. Upon completion of the move. the Shipper agrees to immediately pay for any
additional expenses incurred by the Company, through no fault of its own, in order to
complete the move.
4. All notice shall be made to the Company, in writing, by Canadian
Mail to the address and/or telephone number stated on the front
of this document.