SECTION 1: Liability of the carrier is always subject to the minimum valuation of $0.60 per pound per article and in compliance with and subject to the limitations and provisions of 49 CFR Section 375.701(a) – There is no 100% waiver of liability for property transported by carrier. When allowed by law, and subject to 49 CFR Section 375.701(a): (a) carrier is not responsible for injury or damage to any fragile article (articles susceptible to breakage or crushing). Unless such fragile articles are both packed and unpacked by its employees and subject to the further conditions that such packing, unpacking or other handling is preformed in a grossly negligent manner by the carrier. The carrier will not carry and or be liable in any way for the loss or damage to currency, precious stones/metals, documents, stamps, securities, silverware, jewelry, or any article of extraordinary value unless such articles of value was agreed to in writing, and unless the shipper assumes additional valuation charges, as indicated. The carrier shall not exceed the cost of repairing or replacing the property lost or damaged with material of like kind and quality not exceeding actual cash value of the property at the time lost with regard to sets or matched pieces, shall be limited to repair or replacement; whichever is less of the post or damaged pieces only and shall be extended to repair, replacement or recovering the entire set but in no event to exceed the released or declared values as indicated. The carrier shall not be liable for loss or damage occurring after the property has been delivered. When the carrier is directed to unload or to deliver property(or render any services) at a place or places at which the shipper or its agent are not present, the property shall be at the risk of the shipper before loading or after the shipper signed the inventory list. (b) Should the shipper not declare a specified value and not pay the additional valuation charge thereon, then the shipper hereby agrees to the carrier’s liability and is limited to a maximum of $0.60 per pound per article. When the shipment has been released to the carrier at the value not exceeding $0.60 per pound per article as per declaration of the value of the face hereof, it is agreed that said property be moved, packed, shipped, forwarded, or otherwise handled with the carrier’s liability specifically limited to $0.60 per pound per article. The carrier shall be liable only for it’s failure to use ordinary care and only on the basic of the shipper’s declared valuation of the goods. The carrier shall not be responsible with respect to damages, losses, or decay caused by acts of God. or the public enemy war insurrection, strikes, labor trouble, riots, fire, earthquake, nature of the property or defects or inherent vice therein deterioration by time, months, termites, or other insects, vermin, rodents, wear and tear, leakage, fire or any cause beyond the carriers control or any other cause unless such damage results from the carriers control. The carrier is not responsible for mechanical or electrical functions or any article such, as but not limited to piano, radio, television set, dvd player, computer, vcr, barometer, refrigerator. Clock, air conditioner, or other instruments or appliances whether or not such articles are packed or unpacked by the carrier.
SECTION 2: Form of Payment: Upon booking, a deposit is required to be paid in the form of personal check, venmo, zelle or direct deposit into the companies account. Prior to pickup 50% of the balance is due in the form of zelle, cashiers check, cash, or money order. Credit card payments are solely at the foreman’s discretion. At delivery, the remaining balance is due prior to unloading in the form of post office money order, zelle or cash only. The carrier reserves the right to collect up to 70% of balance due prior to the goods leaving the origin state. Subject to federal law, payment in FULL of all charges is required before delivery and prior to unloading- Subject to the 110% law, if applicable. All charges are based on full tariff rates.
SECTION 3: Summary of Dispute Settlement Program: The neutral arbitration program has been designed to give neither party any special advantage. If a disputes arises between the carrier and the shipper arbitration may be a mutually beneficial alternative to help resolve the dispute. Section 49CFR SECTION 375.211 provides that a mover must have a program in place to provide shippers with an arbitration alternative. Arbitration is optional and not required under federal law. A. Summary of the Arbitration process: Arbitration is an alternative to court room litigation. It provides each party to dispute and present their cases and allows a neutral third party arbitrator to make decisions as to the merits of each sides case. Arbitration subject to this agreement shall be conducted via written submission and, subject to the arbitrators discretion, through telephonic appearance. After the initial filing fees have been paid and the arbitrator selected, initiating party or “claimant” must submit a written brief summarizing their legal position and factual claims. All supporting documentation must be included with the initial arbitration brief. Copies of all documents must be submitted to all parties involved in the arbitration. Upon receipt of the claimants arbitration brief and supporting documents, the responding party or ‘respondent” will have 30 days to file their responsive arbitration brief and supporting documentation. Further deadlines and timetables are subject to the arbitrators discretion.
3-B. Legal effects: if the arbitration alternative is chosen, then any decision made by the arbitration may be binding. Additionally, an arbitration decision may not be appealed in a court of law. All parties agree that the arbitrators decision will be based exclusively on the governing united states federal law without regard to conflicting state laws or regulations. C. Applicable costs: Each party is responsible for their own cost associated with arbitration. A benefit to the arbitration alternative may be that it is less expensive then traditional litigation. Each party is responsible for 50% of the cost associated with securing the arbitrator and 100% of their own expenses, including but not limited to attorney fees. There is a $250.00 filing fee for each party and a supplemental charge of $50 administration fee. Call carrier at phone number on the front of this form for ADR processing forms.
SECTION 4: Valuation coverage: We encourage you to purchase third party full replacement value coverage. Option 1: Replacement: Under this option, the mover is liable for the replacement value of lost or damaged good (as long as it does not exceed the total declared value of the shipment), If you elect to purchase full value protection, and your mover loses, damages, or destroys your articles, your mover must repair, replace with the like items, or settle in cash at current market replacement value, regardless of the age of the lost or damaged item. The amount of the deductible will effect the cost of your FVP coverage. Unless you specifically agree to other arrangements, the mover must assume liability for the entire shipment based upon this option. Option 2 (FREE): Limited Liability: as a licensed carrier with the U.S. D.O.T., we are required to provide limited liability coverage at no charge to the customer. Under this option, the maximum liability is limited to $0.60 per pound per article, for all items indicated as damaged or missing at the time of delivery on the inventory logs. Failure to indicate damage at time of delivery will waive carrier’s liability. Under both of these liability options, movers are permitted to limit their liability for lost of damaged articles of extraordinary value, unless you specifically list these articles on the shipping documents. An article of extraordinary value is any items that exceeds $100 per pound (220 per kilogram). Valuation of claims will be based on the AMSA joint military/industry table of weights and depreciation guide.
SECTION 5: Maximum period of time to file or claim civil action: Shipper has a maximum period of 90 days from the date of delivery to file a claim for a loss or damages. Additionally, shipper has a maximum of two years to bring a civil action against the carrier and/or its agents. C49 SECTION 14706(E)(1).
5-B Exceptions to carrier liability. Liability of the carrier notwithstanding the minimum valuation of $0,60 per pound per article and in compliance with and subject to the limitations and provisions of 49 CFR SECTION 375.701(A): Neither the carrier nor the vessel shall be responsible for loss or damage arises or resulting from (A) act of God (B) act of war (c) act of public enemy (d) fire, unless caused by the actual fault or privity of the carrier (E) Perils, dangers and accidents of the sea of navigable water (F) inherit defect, quality or vice of the goods. (G) goods packed by shipper. (H) any other causes arises without the actual fault and privity of the carrier. Additionally, mechanical vehicles including but not limited to automobiles, motorcycles, scooters, boats, airplanes, ATVS, go carts, riding lawn mowers, tractors, and other similar vehicles are transported at the sole risk of the shipper since all coverage for those items are waived against the carrier, its agents or representatives. The carrier shall not be held responsible for any items insisted by shipper to be moved through impassable passageways.
SECTION 6: Filing claims/complaints/procedures: Carriers shall not be liable for the loss or destruction of, or missing goods, or damage of goods tendered here under or any part thereof unless claim is made in writing, supported by proof of ownership, together with substation of value, and weight. As a condition precedent, all outstanding monies due to the carrier must be paid in full before a claim can be submitted to the company within 90 days after the date the goods are delivered or demand therefore refused and must be limited to the destination descriptions of damage indicated on the inventory logs at the time of delivery, It is solely the shippers responsibility to inspect and indicate damaged or missing items on the inventory logs at the time of delivery. Valuation of claim will be based on those indications subject to the limitations of liability as described on the bill of lading. Liability for the carrier will be in accordance with liability options that the shipper contracts for. To file a claim or complaint, call the carrier at the phone number on the front of this form. All costs associated with the claim is the shippers responsibility.
SECTION 7: Agreed pickup and delivery schedule. Two pickup and delivery services are available: standard service or premium guaranteed service. Premium guaranteed service on or between agreed dates is an optional service that is available to you at an additional cost. This optional extra service guarantees that your shipment will be picked up and transported to the destination and delivered on specific guaranteed dates. If the carrier fails to provide the services as agreed, you are entitled to be compensated at a predetermined amount or a daily rate (per Diem of $25). Regardless of the expense you actually might have incurred as a result of the carriers failure to perform. Absent selecting and paying for the optional extra service guaranteeing specific pickup and delivery dates. The carrier is only required to pickup and deliver your property with reasonable dispatch and a reasonable time under standard service. Generally, estimated delivery is up to 21 (twenty one) business days from date indicated as first date available for delivery. Any oral promises made regarding delivery or pickup dates and times are merely estimate guarantee delivery to take place within 30 business days from the first date available for delivery. (Time calculations exclude weekends, holidays, and days in storage). Any changes to your order will extend this time. This time frame may change based on the time of year, weather conditions, road conditions, other acts of God, delivery schedule, geographic location of the move and other unknown factors. Delivery days do not include holidays or weekends.
SECTION 8: NOTICE OF MAXIMUM AMOUNT DUE UPON DELIVERY: Final charges will be based on actual weight or cubic feet/volume of property and services provided. Maximum amount demanded at time of delivery is the amount of the non binding estimate plus 10% -110% rule: or 100% of the binding estimate. Shipper may voluntarily pay total actual charge upon delivery. Actual charges may exceed amount of estimate.
SECTION 9: definitions: “carrier” is the moving company and its agents, contractors, employees, and representatives. “Shipper” is the customer who engaged the carrier to perform interstate domestic moving services.
SECTION 10: Interest: a charge of 1.5% per month or fraction thereof (18% per annum) shall be added to all delinquent accounts. Furthermore, the shipper shall be responsible for all charges the carrier incurred as a result of attempting collection. This includes but is not limited to, attorney fees, fees for collection agent and courts.
SECTION 11: AGREED MANDATORY CHOICE OF LAW, VENUE AND JURISDICTION. If a lawsuit becomes necessary to resolve any dispute between the carrier and shipper, said suit shall and must only be brought in circuit or county court in and for Miami-Dade County, Florida. Suits involving disputed over interstate shipments must be limited to the governing federal law. Both parties agree to submit themselves to the jurisdiction of the Florida courts agree given the relationship to the state , such exercise is reasonable and lawful. Shipper consents to jurisdiction in Miami-Dade County, Florida and hereby waives the right to be served within the state of Florida.
SECTION 12: Waiver of class action suits. The parties hereby waive any participation or involvement in any class action lawsuits against carriers
SECTION 13: Reasonable attorney fees: In the event litigation in necessary, the carrier shall recover from the shipper any and all reasonable attorney fees, administrative costs and court incurred as a result of the litigation. Lawsuits brought against the shipper on collection matters for failure to pay an outstanding balance due are not subject to the jurisdiction requirements under section 11 herein.
SECTION 14: Carriers lien (a) it is agreed that the carrier shall have a lien against any and all property tendered to it heretofore or hereafter tendered to it, and on the proceeds from the sale thereof for all charges provided herein, including without limitation claims for moneys, advanced storage, transportation, interest labor and all other charges or expenses in relation to said property or any part thereof, and also for court costs, reasonable attorney’s fees and other legal expenses incurred by the carrier as a result of any litigation in which the carrier may be involved in connection with the tendered goods as any and all other charges and expenses for notice and advertisement of sale of the property when default has been made also for all costs inclusion of court costs reasonable attorney fees in collection charges or enforcing this lien or caused for any controversy arising out of conflicting claims of ownership of any inter-pleaded action arising from the bailment of the goods or defending itself in the event the carrier is made a party to any litigation concerning the goods involved therein. If for any reason other then the fault of the carrier delivery cannot be made at the address given as the destination of which carrier has been notified, carrier at its option, may cause tariff and other lawful charges. Articles contained in shipment to be stored in a warehouse selected by it at the point of delivery or at other available points, at the cost of owner, and subject to a lien for all accrued charges.
SECTION 15: Severability: If any part of this contract is found to be unlawful or invalid, the remaining terms and conditions shall still be enforceable.
SECTION 16: Ownership of goods: Shipper has represented and warranted to the carrier that it has lawful possession of any legal right and authority to tender all of the property herein described and that there are and will be no liens, mortgages or encumbrances on said property superior or adverse to the legal right and authority of shipper to contract for services and id there be any litigation concerning the property, the shipper agreed to pay all storage and other charges together with costs and expenses, including reasonable attorney’s fees which this carrier may resonably incur or become liable to pay in connection there with. This carrier shall have a lien on said property for charges and for such costs and expenses. Shipper agrees to indemnify the carrier with regard to any costs and expenses that may occur including but not limited to attorney’s fees, with regard to a claim of ownership and/or possession made by any third party with regard to the goods specified herein.
SECTION 17: New Binding Estimates: In accordance with 49 CFR 375.403(a)(6)(ii) and/or 49 CFR 375.405(b)(7)(ii): If on the day of the scheduled pick up “it appears an individual shipper has tendered additional household goods or requires additional services not identified in the binding estimate, [the mover is]not required to honor the estimate.”49 CFR 375.403(a)(6). However, if the carrier wishes to service the shipment it must either (1) pickup and transport only the specific items and amount of cu.ft. itemized on this estimate without servicing / transporting the additional items of property. In this case the shipper would only be required to pay 100% of the binding estimate and the remaining balance will be billed after the 30 day deferment. Or (2) carrier and shipper may execute a New Binding Estimate, in accordance with 49 CFR 375.403(a)(6)(ii) PRIOR TO LOADING OR OTHERWISE BEGINNING THE JOB. This Binding Estimate given prior to loading will serve as the only active estimate for which charges will be calculated. Warning: To avoid a scenario where a new estimate at a higher price is issued at the last minute on the date of pickup, it is imperative that customer provides the estimator with a complete and detailed itemization of each item to be moved, leaving out any items to be moved or adding items at the last minute will result in a new estimate at a higher price on the day of pickup.
SECTION 18: Agents: Carrier may use agents/independent sub-contractors on all orders. Additionally, unless you purchased “exclusive use of the vehicle” option, there is no guarantee that your items will not be temporarily stored or offloaded or reloaded onto a different vehicle than performed on pickup and consolidated with other shipments.
SECTION 19: Inspection of Carriers Tariff: Governing tariff is available for inspection upon reasonable request by calling the carrier.
ABBREVIATIONS and DEFINITIONS: Carrier: the moving company. Shipper: the consumer hiring the moving company. Articles listed as follows: Articles listed as CP = Carrier Packed; PBO = Packed By Owner; PO = fragile item to be wrapped with Pads Only per customer.