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This Agreement is made between WeHaul.com, ("Company"), and the person or persons identified on the face of the contract, their agents,
successors, and assigns, ("Shipper"). The Agreement constitutes the entire Agreement between the parties. If any provision of this
Agreement becomes unenforceable, all of the remaining provisions will remain in full
force and effect. The Company agrees to provide local
moving services according to the following terms and conditions:
SECTION 1: LIABILITY OF COMPANY
1. The liability of the Company shall be limited to its own negligence and assumes no liability of any kind for loss and/or damage beyond its
control, including but not limited to delay caused by its contractors or subcontractors or the mechanical failure of its motor vehicles,
providential causes and acts of government, or any other unforeseen circumstances which may
arise and prevent the Company from fulfilling
its obligation of performance to the Shipper. The parties acknowledge that the Company is not liable for the following, including, but not
limited to early or late arrival, change
of date, for charges imposed on the Shipper relating to the use of loading docks/elevators,
building/complex regulations, parking citations and purported mental stress, anxiety, missed appointments and the like.
2. The
Company is not an insurer; however, In consideration of a premium paid, the Company may elect, at its sole discretion, to provide a
certificate of insurance from its insurer to the Shipper. If the Company elects to provide a
Certificate of Insurance to the Shipper, he shall be
bound by the all of the provisions of this Agreement as well as those further stated on any Certificate of Insurance the Company may elect to
issue.
3. The Company
provides actual cash value liability coverage for loss and/or damage to property moved caused by its own negligence in the
amount of THREE DOLLARS AND FIFTY CENTS, PER POUND, PER ARTICLE ($3.50) up to FIVE THOUSAND
DOLLARS($5,000.00). In
the event of loss and/or damage, the Shipper is responsible for a FIVE HUNDRED DOLLAR($500.00) DEDUCTIBLE unless a higher valuation
or lower deductible is declared in writing on this bill prior to the
commencement of the work and a premium is paid to and tendered by the
Company for the assumption of such liability. The Company's limit of liability for damage to property other than that which is being moved
shall be only
liable for an amount no greater than the insurance coverage the Company carries, less a $500.00 deductible which the Shipper
shall be responsible for. The Company further limits its liability for personal injury to an amount no
greater than the amount of insurance
coverage the Company carries.
4. The Company's maximum legal liability for the entire shipment is $5,000.00, unless a higher valuation is declared in advance and a
premium is paid
to and tendered by the Company for the assumption of such liability.
SECTION 2: LIMITS ON LIABILITY
1. The Company shall not be liable for damage to the contents of cartons or boxes packed by the Shipper. The Company shall not be chargeable
with the knowledge of the contents
of any containers. The Company shall not be responsible for loss and/or damage to furniture or damage
otherwise resulting from articles which have been left inside drawers or otherwise left unpacked. If a claim for loss/damage
is made for a
carton or an item which was packed by the Company, the Shipper agrees to retain the carton and its packaging material in the condition in
which the damage was discovered until it can be inspected by the Company
or its agent.
2. The Company shall not be liable for damage to loose fragile items that are not packed appropriately by the Shipper, including, but not limited
to, improperly packed or unpacked pictures, paintings. lamps
and lampshades, mirrors, all electronics, all forms(whether framed or not) of
glass, ceramic, marble, laminate, veneer; all items constructed of pressboard/particleboard. The Company is not liable for damage to items that
are
weak and poorly assembled/constructed, loose, previously damaged, or assembled/disassembled by owner,
3. The Company shall not be liable for any damage to articles which are required to be moved in a manner which is
dangerous or unusual; nor
shall there be any liability for items moved or for structural damage to restricted access and/or bulky articles such as pianos, appliances,
large couches, etc....
4. The Company shall not be
liable for any damage to articles carried at any time during the moving process by the Shipper, their friends,
relatives, etc. The Company is not liable for damage to any item which the Shipper drops or participates in carrying
or for personal injury
resulting from the Shipper's participation in the move. The Shipper is responsible for keeping all persons, including, in particular, children
and all pets away from the moving sites. The Company shall
not be liable for personal injuries negligently inflicted on such person or pets in
the moving sites, or for damages to property resulting from such persons or pets being in the moving sites.
5. The Company warrants that
it will use reasonable care during the moving process. Ordinary wear and tear will not be the responsibility of
the Company and the Company is exempted from liability for damage or injury to the cosmetics or functioning parts of
pianos, all electronics,
electromechanical devices, mechanical devices, musical instruments, or other items of like nature, whether packed by the Company or not as
well as scratches and chips, unless there is clear and
convincing evidence of gross negligence on the part of the Company.
SECTION 3: CLAIMS FOR LOSS AND/OR DAMAGE
1. The Shipper agrees to pay the total charges for the services rendered by the Company to the Shipper, as computed by the Company.
Nonpayment of the total charges shall fully
release the Company from any liability resulting from the transportation or handling of the
Shipper's property or of any liability whatsoever relating to or consequential to the rendering of the services. The obligation of the
Shipper to
pay the charges is separate and independent from the Company's obligation to the Shipper, and the Shipper may not offset his obligation of
payment to the Company against any claim which he may have, or believe he
has, against the Company.
2. The Shipper agrees to submit any claims for loss, damage or delay to the Company, in writing, and on a claim form provided by the Company.
A notation for specific damages may be noted on this
document at the completion of the move to satisfy the requirement of notice of a claim. The
Company reserves the right to require the Shipper to complete the claim form before any settlement or adjustment is considered.
3. The Shipper agrees to notify the Company of any claims for loss/damage within Fifteen (15) Calender Days of the date of the move.
Furthermore, the Shipper must submit the claim in writing no later than Thirty Calender Days
(30) Days from the printed date of the claim
form or the Company reserves the right to deny the claim. The Company agrees to respond to all properly submitted claims within Thirty (30)
Days of the date the claim is received.
4. In the event of loss/damage, the Company reserves the right to exercise one of the three following options: a. Cost of repairs, subject to the
deductible selected by the Shipper. b. Replacement of the item with one of
equal value, subject to the deductible selected by the Shipper. c. Cash
settlement, based upon and supported by proof of value; i.e.: sales receipts, appraisals, estimates of values by manufacturers, stores, or
professional
appraisers and credit card receipt, less depreciation, and subject to the deductible selected by the Shipper. The Company reserves
the right of recovery on items which have been settled in cash.
5. The Company reserves
the right to settle all claims by taking into account the age, condition, and fair market value of the claimed article, as
received, and as determined solely by the Company and its insurer. The Company shall take into further
account any pre-existing scratches,
chips or other damage. In the event the Shipper is unable to complete the claim form and to provide the required information about a damaged
item, specifically its weight, the Company shall
compute the weight of the item using a standard table of measurements to determine the
Company's liability and final settlement of the claim.
SECTION 4: NONPAYMENT
1. A charge of $25.00 will be assessed for each check returned to the Company by your bank for each time that it is
presented and returned.
2. Any amount owed to the Company Thirty (30) Days after final demand for payment has been made to the Shipper, will be charged interest at a
rate of 24%, per annum, or at the maximum rate allowed
by law, whichever is greater, plus the reasonable fees of third-party collection
agencies necessarily incurred in obtaining a recovery, as well as the reasonable administrative expense of the Company necessarily incurred
in obtaining a recovery.
SECTION 5: REQUIRED NOTICES
1. The Company
may require a security deposit to secure the equipment and date of/for the move. The deposit will be applied to the final cost of
the move. The deposit is refundable at the sole discretion of the Company with no less than 48
hours (Two Full Business Days) notice. If the
deposit becomes non-refundable, it will always be transferrable to any another available moving date.
2. The Shipper agrees to advise and notify the Company of any problems,
difficulties, concerns, or questions which may arise during the course
of the performance of the services by the Company. The Shipper understands that it is important to notify the Company during the course of the
move of any
irregularities so that the Company may be afforded the opportunity to correct any problems as they may occur. The Shipper
understands and agrees that he/she will forfeit his/her right to seek compensation or reimbursement for
situations and circumstances which
had occurred in the course of the move if the Shipper failed to provide timely notice to the Company.
3. Upon completion of the move. the Shipper agrees to immediately pay for any
additional expenses incurred by the Company, through no fault
of its own, in order to complete the move.
4. All notice shall be made to the Company, in writing, by U.S. Mail to the address and/or telephone number stated
on the front of this document.
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