Except when transportation is performed under the provisions of Item 1 (b) of a tariff, the following Contract Terms and Conditions apply to all transportation performed by the carrier in addition to all other rules, regulations, rates, and charges in this and other applicable tariffs, which are available for inspection at the location(s) specified by the carrier.
This contract is subject to all the rules, regulations, rates, and charges in the carrier’s currently effective applicable tariffs including, but not limited to, the following terms and conditions:
SECTION 1. The Moving Company or party in possession shall be liable for physical loss of or damage to any articles from external cause while being carried or held in storage-in-transit EXCEPT loss, damage, or delay caused by or resulting: (a) From an act, omission, or order of the shipper; (b) From defect or inherent vice of the article, including susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes therein;
(c) From (1) hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack (A) by any government or sovereign power, or by any authority maintaining or using the military, naval or air forces; or (B) by the military, naval or air forces; or (C) by an agent of any such government, power, authority or forces; (2) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (3) insurrection, rebellion, revolution, civil war, usurped power, or action taken by a governmental authority in hindering, combating, or defending against such an occurrence; (4) seizure or destruction under quarantine or customs regulations; (5) confiscation by order of any government or public authority; or (6) risks of contraband or illegal transportation or trade. (d) From the terrorist activity, including action in hindering or defending against an actual or expected terrorist activity. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. The term “terrorist activity” means any such activity which is unlawful under the laws of the United States or any State and which involves any of the following: (1) the hijacking or sabotage of any conveyance (including an aircraft, vessel, cab, truck, van, trailer, container or vehicle) or warehouse or other building; (2) the seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained; (3) as assassination; (4) the use of any (A) biological agent, chemical agent, or nuclear weapon or device, or (B) explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property; or (5) a threat, attempt, or conspiracy to do any of the foregoing. (e) From delay caused by strikes, lockouts, labor disturbances, riots, civil commotions, or the acts of any person or persons taking part in any such occurrence or disorder, and from loss or damage when the carrier, after notice to shipper or consignee of a potential risk of loss or damage to the shipment from such causes, is instructed by the shipper to proceed with such transportation and/or delivery, notwithstanding such risk. (f) From Acts of God.
SUBJECT, in addition to the foregoing, to the further following limitations on the carrier’s or the party’s in possession liability: The carrier’s or the party’s in possession maximum liability shall be either: (1) The lump-sum value declared by the shipper, which may not be less than $6,000 or $6.00 per pound multiplied by the actual weight of the shipment, in pounds, whichever is greater, or (2) The actual loss or damage not exceeding sixty (60) cents per pound of the weight of any lost or damaged article when the shipper has waived lump sum value liability and released the shipment to the carrier, in writing, with liability limited to sixty (60) cents per pound per article.
(B) THE CARRIER IS NOT LIABLE for the loss of or damage to any article from external cause while being transported with the Moving Company or inside of our storage unit. a) Breakage when items are packed by the customer or the customer’s representative unless it can be proved that the breakage resulted from negligence by the mover in handling the articles.
b) Internal damage to electronics (radios, stereos, VHS players, CD/DVD players, televisions, computers, printers, scanners, etc.) when no visible damage to the external packaging or contents exists or if the item was packed by the customer or the customer’s representative. c) Loss or damage from insects, moths, vermin, mold, fungus, or bacteria within the customer’s belongings or that develop therein due to conditions present before the carrier picks up the customer’s belongings.
d) Loss or damage because the item was in an obvious state of disrepair at the time of shipment, provided that the carrier noted the disrepair on the inventory. e) An act, omission, or order of the customer, or loss or damage resulting from the customer’s inclusion in the shipment of such articles as explosives, dangerous articles, or dangerous goods.
f) Defective design of an article, including susceptibility to damage because of atmospheric conditions such as temperature or humidity changes. g) Hostile or warlike action or use of any weapon of war (in time of peace or war), terrorism, insurrection, rebellion, revolution, civil war, usurped power, and action taken in hindering, combating, or defending against such occurrences: a) by any government or sovereign power, or by the authority maintaining or using military forces; b) by military forces; or, c) by an agent of such government, power, authority or forces. h) Seizure, confiscation, or destruction under quarantine by order of any government or public authority. i) Strikes, lockouts, labor disturbances, riots, civil commotion, or the acts of any person or persons taking part in any such occurrence or disorder. j) Acts of God.
Carriers will not accept the following items for shipment:
1. Explosives. 2. Dangerous goods. 3. Property liable to damage carrier equipment or other property. 4. Anything that exceeds our weight limit of 450 lbs.
The customer assumes all liability for goods he/she leaves unattended before pickup by the Moving Company. The customer also assumes all liability for goods when the customer directs the Moving Company, in writing, to unload or deliver property at a location that will be unattended.
SECTION 2. The carrier’s maximum liability shall be determined based on the valuation option the customer selects on the face of this contract. (A) If the customer selectedBasic Value Protection, the carrier’s maximum liability shall be the actual loss or damage not exceeding $0.60 per pound of weight of any lost or damaged article(s). (B) If the customer wants to buy third-party insurance, the Moving Company is completely fine with that. The Moving Company cannot sell you any third- party insurance.
SECTION 3. The Moving Company is obligated to arrive at your location in the agreed time frame. If that is not the case, you have the right to contact the Moving Company for a resolution.
SECTION 4. (A) The customer must pay all legal charges. (B) If the Moving Company is required to refer to this contract for the collection of charges due to an attorney, the shipper agrees to pay reasonable attorney fees and collection costs. (C) If this contract is referred to a court for resolution, the losing party
shall be responsible for payment of the other party’s reasonable attorney fees and court costs. (D) The customer shall be liable to indemnify the Moving Company against any loss or damage caused by inclusion in the shipment of explosives, dangerous articles, or dangerous goods.
SECTION 5. To receive compensation for a claim for loss, damage, overcharge, injury, or delay, the customer must file a written claim with the carrier within six months after delivery. In the case of failure to make delivery, the claim must be filed within six months after a reasonable time for delivery has elapsed. Claims must contain sufficient information to identify the property involved. A copy of the original paid transportation bill, bill of lading contract, or shipping receipt must accompany the written claim.