CONTRACTUAL AGREEMENT – For Released or Full Valuation Coverage. External Insurance Contracts Will Vary
PLEASE READ CAREFULLY. THIS CONTRACTUAL AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF CERTAIN RIGHTS.
In consideration for receiving certain services from DBA: All Service Moving of “ASM LLC” (“Company”), Signing a bill of lading means you take responsibility and agree to the following WAIVER AND RELEASE AGREEMENT:
I acknowledge that packing, loading, transporting and unloading property creates certain risks to my property and my person. In particular, property can be broken, dropped, scraped, torn, scratched, lost, etc., including risks to carpets and hardwood flooring, as well as risk of loss of cash, checks, bonds, jewelry, deeds, coin and stamp collections, alcohol, prescription medications, damages to fur or items lined with fur, particleboard furniture, firearms and/or ammunition, and plasma televisions. COMPANY STRONGLY RECOMMENDS THAT YOU PERSONALLY MOVE ITEMS OF SIGNIFICANT MONETARY OR PERSONAL WORTH.
Further, I understand I could be physically injured by use of property damaged in the move, or through physical impact with furniture, boxes, or vehicles. I further understand that transporting home appliances or preparing them for use after transportation is dangerous and could result in injury or damages. In particular, appliances may be installed improperly and result in flooding, electrocution, or fire. COMPANY STRONGLY RECOMMENDS THAT YOU HIRE A PROFESSIONAL SERVICE PROVIDER TO INSTALL ALL APPLIANCES.
I agree that installation of home appliances is my personal responsibility. I understand installation of home appliances is not the responsibility of Company.
I, for myself, my heirs, successors, executors, and subrogates, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS COMPANY, it’s directors, officers, agents, employees and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees) for damages to my property or person resulting from COMPANY’S NEGLIGENCE during the move or resulting from an improperly installed home appliance.
Not withstanding, the foregoing, I also agree Company is responsible for $.60 per pound of damaged or missing items and that I have purchased and/or had the opportunity to seek a higher degree of protection through insurance. I agree that I may not bring any claim for lost or damaged items more than three (3) months after the move. By bringing a claim, I agree to permit Company any reasonable means to investigate my claim. I further acknowledge that Company is not responsible for the contents of any box it did not pack, opened boxes and items that should be boxed or crated that I chose not to. I agree Company’s responsibility only extends to items while under its care and custody and Company’s responsibility terminates when it leaves the premises and/or after it loads and/or unloads my transportation.
I agree Company shall not be held responsible for normal wear and tear on my residence resulting from moving items, and I will hold Company harmless for any floor damage or dirt. I accept that Company does not insure “ready to assemble furniture”, such as Ikea. (*see note below) I agree that certain items can not be moved without damage and I hold Company harmless for such items when the movers tell me before hand that they are in risk of damage if moved. I take complete responsibility for any transportation I provide and damages that transportation does to anything else including roofs, homes, people and other vehicles regardless of who is operating it, and Company holds no responsibility for my transportation, rented or owned.
*Understanding Ready to Assemble Furniture: In our world of Ikea and fast-fashion, we all may own ready to assemble furniture. Such furniture is defined as articles which are shipped from place of manufacture in a knocked down “KD” or knocked down flat “KDF” condition to be assembled post-factory by a store, reseller or end-user. When the carrier is asked by the shipper to disassemble, move or reassemble Ready to Assemble Furniture, it shall be done at the owner’s risk and at a maximum liability on the part of the carrier of $104.20 per article. Furniture containing multiple pieces fastened together shall be one article. Regardless of the shipment valuation selected by the shipper, “Ready to Assemble Furniture” shall be released at $.60 per pound.
Except when transportation is performed under the provisions of Item 1(b) or tariff, the following CONTRACT TERMS AND CONDITIONS apply to all transportation performed by 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 carrier’s currently effective applicable tariffs including, but not limited to, the following terms and conditions:
SECTION 1: The carrier or party in possession shall be liable for physical loss of or damage to any articles from external cause while being carried EXCEPT loss, damage or delay caused by or resulting: (a) From an act, omission or order of 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 military, naval or air forces; or (B) by 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 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 terrorist activity, including action in hindering or defending against an actual 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 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 an governmental organization) to do or abstain from doing any act as an explicitly or implicit condition for the release of the individual seized or detained; (3) an 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 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 : 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 released the shipment to carrier, in writing, with liability limited to sixty (60) cents per pound per article, or an agreed upon value protection in bill of lading, or
SECTION 2: The carrier shall not be liable for delay caused by highway obstruction, or faulty or impassable highways, or lack of capacity of any highway, bridge or ferry, or caused by breakdown or mechanical defect of vehicles or equipment, or from any cause other than negligence of the carrier; nor shall the carrier be bound to transport by any particular schedule, means, vehicle or otherwise than with reasonable dispatch. Every carrier shall have the right in case of physical necessary to forward said property by any carrier or route between the point of shipment and the point of destination.
SECTION 3: (a) The shipper, upon tender of the shipment to carrier, and the consignee, upon acceptance of delivery of shipment from carrier, shall be liable, jointly and severally, for all unpaid charges payable on account of a shipment in accordance with applicable tariffs including, but not limited to, sums advanced or disbursed by a carrier on account of such shipment. The extension of credit to either shipper or consignee for such unpaid charges shall not thereby discharge the obligation of the other party to pay such charges in the event the party to whom credit has been extended shall fail to pay such charges. (b) The shipper shall indemnify carrier against loss or damage caused by inclusion in the shipment of explosives or dangerous articles or goods.
SECTION 4: If for any reason other than the fault of carrier, delivery cannot be made at address shown on the face hereof, or at any changed address of which carrier has been notified, carrier, at its option, may cause articles contained in shipments to be stored in a warehouse selected by it at the point of delivery or at other available points, at the cost of the owner, and subject to a lien for all accrued tariff charges.
SECTION 5: If shipment is refused by consignee at destination, or if shipper, consignee or owner of property fails to receive or claim it within fifteen (15) days after written notice by United States mail addressed to shipper and consignee at post office addresses shown on face thereof, or if shipper fails or refuses to pay applicable charges in accordance with carrier’s applicable tariff, carrier may sell the property at its option, either (a) upon notice in the manner authorized by law, or (b) at public auction to highest bidder for cash at a public sale to be held at a time and place named by carrier, thirty (30) days notice of which sale shall have been given in writing to shipper and consignee, and there shall have been published at least once a week for two consecutive weeks in a newspaper of general circulation at or near the place of sale, a notice thereof containing a description of the property as described in the bill of lading, and the names of the consignor and consignee. The proceeds of any sale shall be applied toward payment of tariff charges applicable to shipment and toward expenses of notice, advertising and sale, and of storing, caring for and maintaining property prior to sale, and the balance if any shall be paid to owner of property; PROVIDED that any perishable articles contained in said shipment may be sold at public or private sale without such notices, if, in the opinion of carrier, such action is necessary to prevent deterioration or further deterioration.