Contract Terms and Conditions
Section 1
Liability of the Company: The Company shall not be charged with knowledge or the contents of the containers or the condition thereof The Company shall be immediately notified of all claims for concealed and/ or external damage if original package. The Companies liability shall not exceed the cost of repairing or replacing the property lost or damaged with materials of like kind and quality not exceeding the actual cash value of property at time and place of loss with due allowance for the depreciation or deterioration howsoever caused but in no event to exceed the release value set forth on the face hereof The carriers 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. The Company shall not be liable for loss or damage occurring after the property has been delivered to or receipted for by the consignee or shipper or the authorized agent of either. When the Company is directed to unload or to deliver (or render any services) at a place or places at which the Customer or its agent is not present; the property shall be at risk of the Customer after unloading or delivery. Where the Company is directed to load property from (or render any services at) a place or places at which the Customer or its agent is not present, the property shall be at risk of the Customer before loading. The Company will not be liable for loss or damage caused by ordinary wear and tear, leakage, mold, mildew, termites, rodents, vermin, other atmospheric conditions, natural deterioration, inherent vice or defect of the property, or damage to particle board, or for loss damage or delay contributed to or caused by the act or omissions of the Customer or by acts of war, terrorism, insurrection, nuclear fusion, strikes, labor disturbances, fire, riots, or by any acts of God, or any cause beyond the Companies control. The Company is not responsible for the mechanical or electrical malfunction of or any article such as, but not limited to, computer equipment, piano, radio, television set, VCR, DVD player, barometer, refrigerator, phonograph, clock, air conditioner or other instrument or appliance whether or not such articles are packed or unpacked by the Company. (b) Should the Customer not declare a specified value and not pay the additional valuation charge thereon then the Customer hereby agrees to the Companies limited responsibility as specified above in section 1 (a) and as further set forth below in this subdivision. (b). Where the shipment has been released to the Company at a value not exceeding $0.60 per pound per article as per declaration of value on the face hereof it is agreed that said property be moved, packed, shipped, forwarded, or otherwise handled with the Companies liability specifically limited to $0.60 per pound per article. All of the said services specified herein in excess of the Companies liability are assumed totally by the Customer and said services over and above the Companies liabilities are solely Customer’s responsibility with respect to any damage loss or delay for any reason whatsoever. (c) Where the shipment has been released to the Company at a value in excess of $0.60 per pound per article as per declaration of value on the face hereof and in consideration of the additional charge for such valuation scheduled thereon it is agreed that the Company will be responsible for all loss and damage to Customer’s property, except as otherwise provided in Section 1 (a) Subject to the limitation above. In the event of loss or damage for which the Company has assumed liability as herein provided, the Company will pay Customer for actual cash value of the property at the time of loss or damage or the costs to repair the property or to replace it with material of the like kind or quantity whichever is less and provided however that in no event shall the Companies liability for all loss and damage to Customer’s property exceed in total the value specified by the Customer in detail on the declaration of value on the face hereof.
Section 2
Terms of Payment: The payments for services and other charges are due and payable before the Mover relinquishes possession of your household goods. Any charges not paid when due shall be subject to interest at the maximum rate allowable by laws of the State of Florida. It is agreed between the Company and the Customer that a deposit for services to be rendered specified on the front portion of this contract will be treated as liquidated damages and retained by the Company in the event Customer cancels or breaches this Contract for any reason whatsoever.
Section 3
Ownership of Goods: The Customer has represented and warranted to the Company that he/she has lawful possession of, and legal right, interest, 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, interest and authority of the Customer to contract for services herein. If there be any claims or litigation concerning the Customer’s representations and warranties herein, including claims of ownership and/ or possession made by any third party with regard to the property described herein, the Customer agrees to pay all storage and other charges, and further agrees to indemnify the Company for all costs, expenses, and attorney’s fees which the Company may reasonably incur or become liable to pay in connection therewith. The Company shall have a lien on said property for all charges and for such costs and expenses. The lien specified herein shall also cover legal expenses incurred in bringing or defending an interpleader action to determine the Ownership and/or right of possession property specified in this Contract. The Company may, at its option, bring suit for reimbursement pursuant to the foregoing provisions without further foreclosing on its lien.
Section 4
Companies Lien: It is agreed that the Company shall have a lien against any and all property lawfully withheld and not delivered to the Customer, and that said lien shall extend to the proceeds from the sale thereof for all charges noted herein, in the Florida Estimated Costs of Services and any Addendum thereto, including labor, and any and all other charges or expenses in relation to said property, as well as any and all other cost incurred to enforce the Companies lien, such as those costs for notice, advertisement of sale, and the actual costs of sale, together with any costs, expenses and attorney’s fees that may be incurred as a result of a sale, and/or the enforcement of the Companies lien. (b) All goods upon which the company has a lien, are subject to sale at public auction to satisfy any and all unpaid charges including interest herein above provided which charges are not paid when due plus the expenses for preservation of the foods reasonable incurred in their sale after notice to the Customer and publication of the time and place of sale, as well as any legal expenses including reasonable attorney’s fees, which may be necessitated by said sale. (c) The lien upon any and all property tendered with the Company shall also include unpaid charges and expenses pertaining to property tendered with the Company shall also include unpaid charges and expenses pertaining to property previously tendered with the Company regardless of whether said property has been delivered by the Company. (d) The parties agree that in any sale conducted to satisfy the Company then all property which is subject to the lien shall be sold. Proceeds for sale in excess of charges secured by the lien plus the cost of preserving the goods and conducting the sale shall be remitted to the Customer.(e) The Company may at its option bring suit for reimbursement pursuant to the foregoing provisions without first foreclosing upon this lien.(f) The Company shall have a further lien and may reserve other security interest in property which has been or will be tendered to it to secure repayment of moneys and interest thereon advanced to a Customer or on Customer’s accounts.(g) The Company shall be presumed to have acted in good faith and in a reasonable and commercially acceptable manner when or if it seeks to enforce its lien pursuant to the appropriate provisions of the Uniform Commercial Code as adopted in Florida, and/or relevant Statutes.
Section 5
Services to Tendered Goods: Should the Company however in its sole discretion determine that moth treating, fumigation or otherwise treating or handling all or any portion of the goods stored hereunder is necessary for the protection of the goods it may render such additional services and add its charges therefore to the amount payable by the Customer hereunder.
Section 6
Claims: Customers have a period of up to 60 days after delivery of household goods to notify the Company in writing of any claim, loss or damage. If a claim cannot be resolved in the next 60 days, the Company is required to provide a written explanation to the Customer of the status and reason for the delay. All claims must be resolved within 90 days.
Section 7
Shipper Binding Arbitration Clause and Waivers: Shipper’s Agreement to Arbitrate. Any controversy, dispute, or claim arising out of or relating to this Agreement, or the breach thereof, including but not limited to claims for damages to goods, loss of goods, delay, overcharges, or any other claims related to the moving and storage services provided hereunder, shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Location and Process. The arbitration shall be conducted in Palm Beach County, Florida, before a single arbitrator mutually agreed upon by the parties or, if the parties cannot agree, appointed by the AAA. The arbitrator shall apply Florida substantive law and the Federal Rules of Evidence. Costs and Fees. Each party shall initially bear its own attorneys’ fees, costs, and expenses, and the parties shall equally split the arbitrator’s fees and AAA administrative costs at the onset of arbitration. However, the prevailing party, as determined by the arbitrator, shall be entitled to recover all reasonable attorneys’ fees, costs, expenses, and arbitration fees incurred from the non-prevailing party. Limitations on Damages. The Shipper expressly waive and disclaim any right to consequential, incidental, special, or punitive damages. The arbitrator shall have no authority to award such damages, and any award including such damages shall be deemed to exceed the arbitrator’s authority. Class Action Waiver. THE SHIPPER AGREES THAT IT MAY BRING CLAIMS AGAINST THE COMPANY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator shall have no authority to conduct any class, collective, or representative proceeding or to consolidate or join the claims of other persons or parties who may be similarly situated. Exceptions to Arbitration. Notwithstanding the foregoing, the Company may: (a) bring an individual action in small claims court if the claim qualifies for such court’s jurisdiction; (b) seek emergency equitable relief or injunctive relief in a court of competent jurisdiction to prevent irreparable harm, preserve the status quo, or prevent the destruction or disposal of evidence; or (c) pursue collection actions for unpaid invoices in any court of competent jurisdiction. Severability. If any portion of this arbitration provision is deemed invalid or unenforceable, the remainder shall continue in full force and effect. If the Class Action Waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and any disputes shall be resolved in a court of competent jurisdiction. Acknowledgment. BY SIGNING THIS AGREEMENT, SHIPPER ACKNOWLEDGES THAT SHIPPER HAS READ AND UNDERSTANDS THIS ARBITRATION PROVISION AND AGREES TO SUBMIT DISPUTES ARISING OUT OF THIS AGREEMENT TO BINDING ARBITRATION RATHER THAN PURSUING LITIGATION IN COURT, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Section 8
Credit and Debit Card Chargeback Policy: Chargebacks Not Permitted. Due to rampant consumer scams and fraudulent credit and debit card chargebacks, the Company does not permit its Customers to use credit or debit card chargebacks as a method of obtaining a refund from the Company for services rendered. A credit or debit card chargeback is not an available remedy to the Customer. Customer agrees that Customer will not under any circumstances initiate a credit or debit card chargeback as a method of obtaining a refund from the Company. Customer initiating a credit or debit card chargeback for any reason shall constitute Customer’s breach of this Agreement. Customer’s sole remedy for obtaining a refund from the Company is by way of the Dispute Resolution Process outlined in this Agreement. Customer agrees that its sole method of obtaining a refund from the Company is by way of the Dispute Resolution Process outlined in this Agreement. If Customer initiates a credit or debit card chargeback as a method of obtaining a refund from the Company, the Company shall be entitled to emergency injunctive relief to reverse the credit or debit card chargeback, in addition to all other relief available to the Company. The Company shall be entitled to recover its attorneys’ fees and costs related to any such successful attempt for injunctive relief related to a Customer initiating a credit or debit card chargeback. If any of the Customer’s property remains in the custody or control of the Company at the time the Customer initiates a credit or debit card chargeback, the Company shall have the right and authority to assert and enforce a possessory lien on such property pursuant to Florida Statutes §§ 713.58 and 83.806, and may refuse to release such property to the Customer until all amounts due, including fees and costs as described herein, are paid in full by Customer to the Company. If Customer’s property remains in the possession of the Company due to Customer initiating a credit or debit card chargeback, Customer shall be responsible for paying the Company storage fees at the Company’s standard daily rate from the date of the initiation of the credit or debit car chargeback until full payment is received by the Company.