2.3 After Your Move
18.104.22.168 Final Payment
Unless otherwise agreed by the Company in writing, payment is required in full by cleared funds, cash or credit card, at the end of the moving period.
If the Customer or Customer’s authorized representative collects the goods from storage, the Company must be notified in writing of any loss or damage at the time the goods are handed to Customer or Customer’s agent or as soon as practically possible. For goods which the Company delivers, the Customer must give the Company detailed notice in writing of any loss and damage within seven (7) days of delivery by the Company. Company may agree to extend this time limit upon receipt of Customer written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld, but consent must be provided in writing by the Company.
3 Our liability for loss or damage
3.1 Right of refusal
We reserve the right not to service you under conditions that, at our sole discretion, we consider dangerous, unsanitary, abusive or contained outside the scope of household moving. In the event we exercise this right, we will not be liable to you or any other entity for direct or consequential damages. Customer forfeits their deposit and will be charged a minimum of one hour of labor, at the Companies discretion.
3.2 Damage to goods
3.2.1 Right to Repair
The Company reserves the right to repair any damaged item before Customer has it repaired or replaced. In case Customer chooses to repair or replace the damaged item before the Company has been given an opportunity to do so, the Company’s liability will be limited to $.60 per pound per article as stated by law.
3.2.2 Valuation Coverage
22.214.171.124 Excluded Items – What is Not Covered
Understanding the exclusions list will help you prepare better for your move:
- Any items that were packed by Customer or Customer Agent and not by Company movers.
- Any furniture items when furniture pads are not used for protection; based on Customer refusal for Company to use them.
- Special care items, including glass tops and mirrors or high value items such as digital TV sets, without proper packing and preparation.
- We will not be held responsible for any kind of planters/pots made of clay, porcelain, ceramic or glass.
126.96.36.199 If We Pack – What is Covered
Despite the long list of exclusions and limitations; we do cover items that we knowingly or without dispute damage. Released Valuation Coverage is provided on these items or all items dropped or damaged on-site while in the possession of our movers, assuming they do not meet any of the Items not excluded in Clauses 2.1, 2.1.3 and 188.8.131.52.
184.108.40.206 If You Pack
The Company provides a free Released Valuation Coverage on all moves. Any item not packed by Company that is damaged during the move, regardless of method of damage, will be reimbursed only at the federally mandated $0.60 per pound coverage rates regardless of the original or depreciated cost of the damaged item.
220.127.116.11 If We Drive
What is covered: Despite the long list of exclusions and limitations; we do cover items that we knowingly or without dispute damage. Released Valuation Coverage is provided on all items dropped or damages on site while in the possession of our movers, assuming they do not meet any of the exclusions above.
18.104.22.168 If You Drive
The Company has no responsibility for goods damaged.
22.214.171.124 True limit for claims
If Customer or Customer’s authorized representative collect the goods, the Company must be notified in writing of any loss or damage at the time the goods are handed to Customer or Customer agent or as soon as practically possible. For goods which the Company delivers, Customer must give Company detailed notice in writing of any loss and damage within seven days of delivery by Company. Company may agree to extend this time limit upon receipt of Customer written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld.
3.3 Damage to premises or property other than goods
The Company has $750,000 in General Liability Coverage. General Liability covers personal injury and personal property that is damaged through the course of normal business operations.
- If Company causes loss or damage to premises or property other than goods for removal as a result of our negligence or breach of contract our liability shall be limited to making good the damaged area only.
- If Company causes damage as a result of moving goods under Customer express instruction, against our advice, and where moving the goods in the manner instructed is likely to cause damage, Company shall not be liable.
- If Company is responsible for causing damage to Customer premises or to property other than goods submitted for removal and/or storage, Customer must note this on the delivery receipt as soon as practically possible after the damage occurs or is discovered in any event within a reasonable time as determined by Company.
3.4 Exclusions of liability
3.4.1 Release of Liability for Certain Items
Occasionally it may not be possible to place items where you would like them without possible damage to the items or premises. If this situation arises, the Company will present Customer with a release form indicating that you accept responsibility for any ensuing damage. Company will not attempt to bring Customer’s items to their desired location unless the release of liability has been signed.
Company will not move or be liable for any valuables such as documents, medicine, priceless items, jewelry, and currency. Company will not be responsible or liable for any firearms. Please remove any firearms prior to Customer move.
3.4.8 Delays in Transit
Other than by reason of Company negligence or breach of contract, Company will not be liable for delays in transit. If through no fault of the Company it is unable to deliver Customer goods, Company will take them to our storage facility. The Agreement will then be fulfilled and any additional service(s), including storage and delivery, will be at Customer expense. Any transit times quoted by Company are estimated and based upon information known to Company at the time. Transit times may vary due to a number of factors outside Company control including but not limited to changes in sailing or departure dates made by the freight/shipping company, changes in the routes used by the freight/shipping company and port congestion. We will advise Customer of any material changes to the transit times as soon as Company become aware. Company will not be liable for any loss or damage incurred by Customer as a result of delays in transit time unless directly attributable to Company negligence or breach of contract. Company Right to Hold the Goods (lien) “Lien” is the legal right of the remover to hold goods until the Customer has paid all outstanding charges. Company shall have a right to withhold and ultimately dispose of some or all of the goods if Customer fails to pay the charges and any other payments due under this or any other Agreement. These include any charges that Company has paid out on Customer behalf. While Company holds the goods Customer will be liable to pay all storage charges and other costs (including legal costs) reasonably incurred by Company in recovering Company charges and applying Company right of lien. These terms and conditions shall continue to apply.
3.4.9 Arrival Windows
Company will give you an estimated window of arrival. Company will do everything to make sure that we arrive there within that window, but please remember that the window of arrival time is an estimate. If Company is running early or late, we will call Customer as soon as possible and let you know.
In any arbitration or litigation, the prevailing party shall be entitled to recover from the losing Party reasonable attorney’s fees and other costs and expenses of the arbitration or litigation as awardee by the Court. The arbitrator will be selected by Company. The parties each waive their right to trial by jury.
3.6 Route and method
Company has the right to choose the method and route by which to carry out the work and the location in respect of storage. Unless it has been specifically agreed otherwise in writing in the Company Quotation, other space/volume/capacity on Company vehicles and/or the container may be utilized for consignments of other customers.
3.7 Applicable law
This Agreement is governed by and shall be construed in accordance with the laws of the State of Tennessee, without regards to its conflicts-of-laws principals.