Terms and Conditions
​
1. GENERAL
1.1. For the purposes of this Contract, the following terms will mean:
1.1.1. Carrier/Company - the motor carrier/mover contracted to transport a shipment of household goods.
1.1.2. Shipper/Customer/Client - the owner of the household goods shipment or his representative.
1.2. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
1.3. This Contract shall be construed in accordance with the laws of the State of Ohio.
1.4. Moving services contracts must comply with all other applicable laws of the State of Ohio.
1.5. The Customer must be lawfully in possession of the goods being moved.
1.6. Household goods Carriers will transport shipments with reasonable dispatch. Reasonable dispatch requires the transportation of a shipment within the agreed period of time shown on the estimate, except when circumstances beyond the Carrier's control, force majeure, prevent or delay transportation.
1.7. Client's Responsibility:
1.7.1. To pay all fees and charges as required.
1.7.2. To reasonably protect items that can be easily soiled (if our services are not required to do so) as the Company is not responsible for incidental soiling to items reasonably handled by movers.
1.7.3. To pack items into boxes, bins or other enclosed containers and clearly mark fragile containers and items.
1.7.4. To disconnect all water and gas lines if required to move items (washers, dryers, refrigerators etc.).
1.7.5. To secure or remove insides of furniture that pose a threat to said furniture (grandfather clocks, pianos, cabinets, safes etc.).
1.7.6. To ensure all pertinent items have been loaded and to inspect back of truck upon completion of job, and confirm that all pertinent items have offloaded.
1.7.7. To inform office of any special items (pianos, safes etc.) or any special requirements that may have an impact on the handling of such items.
1.7.8. To notify the Company of any fragile or particularly valuable items that the Company will be responsible for moving.
1.7.9. That the area and furniture are clean and clear of any dust, dirt, water, mold, snow, debris, bugs, rodents, animal urine or feces and hair.
1.7.10. To secure or remove all pets from the area.
1.7.11. To create a clean and clear path to all items being moved (water, snow, dirt etc.) as the Company is not responsible for incidental soiling to items reasonably handled by movers.
1.8. High-value inventory. Your mover may decide to include a high-value inventory list. This list should include a list of the items they'll be moving and the values of said items. These items may have additional costs related to packing or moving them, as well as unique terms. High value means $5,000 per item or $40,000 total. This is the Customers representation of value and not an agreement as to that value. If a claim is made, the Customer has the burden of proving the actual value of the lost or damaged items.
​
2. AMENDMENT
2.1. Changes to the moving service contract are not valid unless agreed to in writing and signed by the Carrier and the Shipper.
​
3. SEVERABILITY
3.1. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
​
4. LIMITATIONS TO LIABILITY
4.1. In particular, the Company accepts no liability in the following circumstances:
4.1.1. Where an item being transported exhibits what can be reasonably deemed as a pre-existing fault and/or defect.
4.1.2. Free and easy passage is not available for furniture items (i.e. items have to be forced or undergo excessive maneuvering to pass). Examples:
4.1.2.1. Item is such that normal routes to enter/leave building cannot be used but alternate abnormal routes have to be used ( e.g. balcony, window, etc.).
4.1.2.2. Terrain is such a nature that free and unhindered passage is not possible (slippery, rocky, steep, etc.).
4.1.2.3. Item is such a shape or size that it cannot pass entrance/exit but has to be disassembled or have parts removed to enable it to pass.
4.1.2.4. Doors to or within rooms must be removed to enable items to pass through.
4.1.3. Items inefficiently packed or prepared by customer (e.g. boxes containing fragile pieces not properly padded, cushioned and labeled).
4.1.4. Items not in boxes, bins or enclosed containers (e.g. televisions, shredders, trashcans, artwork etc.).
4.1.5. Items not packed by the Company or were prepared for relocation by persons other than our personnel.
4.1.6. Items that have been altered from their original state.
4.1.7. Stacking of furniture as requested by the Customer.
4.1.8. The Carrier shall not be liable for documents, tickets, deeds, manuscripts, blue prints, plans, specifications, or other valuable papers.
4.1.9. The Carrier shall not be liable for jewels, jewelry, gems, precious metals, gold, silver or platinum articles (including household goods such as silverware, coffee service sets, trays, candlesticks and dishes) watches, precious stones, pearls, furs or garments trimmed with fur, currency, money, bullion, bonds, notes, stock, stock certificates or other securities, accounts bills, bills of exchange, evidence of debt, credit cards, stamp-postage, stamp collections, revenue, trading-or letter or packets of letters not specifically listed on the shipping document by description and value.
4.1.10. The Carrier shall not be liable for "Ready to Assemble Furniture" made of engineered wood and paper laminate finish, such as furniture manufactured by; Bush, O'sulivan, Sauder, etc., due to the inherent risk and sub-standard structural integrity of this type of furniture.
4.1.11. The Carrier shall not be liable for Aquarium and other similarly constructed items, and potted plants.
4.1.12. The Carrier shall not be liable for perishable articles, hazardous materials, and aerosols.
4.1.13. Items such as filing cabinets, refrigerators, desks, etc. that are required to travel with their contents intact as requested by the Customer, are not covered for damages to items or contents.
4.1.14. If we are required to carry items which in and of themselves pose a threat to other items such as washing machines, refrigerator, etc. (due to leakage of water and other substances).
4.1.15. If the Client insists on us wrapping, packing or stacking furniture or items in a way which we consider to be inimical to the safety of that item and others and this fact is relayed to the Client.
4.1.16. It is the Client's responsibility to ensure that complex electrical equipment is properly prepared prior to the move, by authorized service personnel. This includes disassembly, reassembly and protection or, as circumstances may dictate, detailed briefing of our staff so that necessary precautions can be employed.
4.1.17. Items under warranty by a third party.
4.1.18. Loss, damage, or decay caused by or resulting in spoilage, deterioration, contamination, freezing, rusting, extremes of temperature, shrinkage, evaporation, loss of weight, changes in color, flavor, finish or texture unless any of them shall be caused by fire or overturn of the vehicle.
4.1.19. Loss, damage, or decay caused by or resulting in mechanical or electrical derangements of pianos, radios, phonographs, docks, refrigerators, television or video equipment, computers and their peripheral devices, automatic washers or other instruments or appliances, unless evidenced by external damage to such equipment and unless caused by perils not otherwise excluded.
4.1.20. Loss, damage, or decay caused by disconnecting waterlines.
4.1.21. The household goods Carrier is not liable for loss or damage caused by dangerous or explosive goods unless the Shipper notifies the Carrier, in writing, of the nature of the goods and the Carrier agrees, in writing, to the transportation of these goods.
4.1.22. The Company is not liable for damages, holes, or marks due to hanging, mounting or installing artwork, televisions, or other similar items onto walls, floors, ceilings, doors or furniture.
4.1.23. The Company is not liable for soiled, stained, or damaged flooring as a result of any water, dirt, snow, or ice on the ground and in the walkway.
​
5. FORCE MAJEURE
5.1. Neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of the affected Party including but not limited to fire; floods; embargoes; war; acts of war (whether war be declared or not); acts of terrorism; insurrections; riots; civil commotions; strikes; lockouts or other labor disturbances; military disturbances; shortage of supply; acts of God; loss or malfunction of utilities, communications or computer (software or hardware) services; or acts, omissions or delays in acting by any governmental authority or the other party. A Party claiming the benefit of this provision shall, as soon as reasonably practicable after the occurrence of any such event, (a) provide written notice to the other Party of the nature and extent of any such Force Majeure condition; and (b) use commercially reasonable efforts to remove any such causes and resume performance under this Agreement as soon as reasonably practicable. In the unlikely event that the Company is unable to perform the Services due to a Force Majeure event as described above and/or if the Company is unable to secure a suitable replacement, responsibility and liability as to the Company is limited to the return of all payments received for the Services.
​
6. PAYMENT
6.1. Upon completion of the move, 404 Moving & More LLC requires immediate payment in full in the form of cash, personal check, certified check (payable to 404 Moving & More LLC) or money order. If the personal check is not honored, or any part of your bill remains outstanding after 30 calendar days, you, the customer will be charged the highest rate of interest allowed by law in the state the move occurred in. Returned checks are subject to an administration fee of $50.00 plus any extra bank charges accrued. If steps need to be taken to recover any outstanding amount, this agreement gives 404 Moving & More LLC the right to recover the determined amount plus interest, expenses accrued to collect monies, collection fees and reasonable attorney fees from you, the Customer.
6.2. If more equipment or supplies are needed to complete the job, the Customer will be required to pay for or reimburse the Company for the equipment or supplies.
6.3. If there is a delay to move items (e.g. traffic jam, broken elevator, construction, door code, weather etc.) then there will be a fee of $20.00 per 15 minutes.
6.4. If items are required to be carried more than 100 feet, then there will be a fee of $100.00.
6.5 If items are required to go up or down more then one flight of stairs then there may be an extra fee.
6.6 If you are unable to dispose of any material or trash used to protect your items, we will take it for an extra fee.
6.7 If there are bugs or infestations (bed bugs, silverfish, etc.) we will not take that item or there may be an extra fee and the Customer will be required to pay for or reimburse the Company for sanitizing the truck and supplies.
​
7. DEFAULT
7.1. The occurrence of any of the following shall constitute a material default under this Contract:
7.1.1. The failure to make a required payment when due.
7.1.2. The insolvency or bankruptcy of either party.
7.1.3. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
7.1.4. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
7.2. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
​
8. MEDIATION AND ARBITRATION
8.1. Any dispute, claim, or controversy arising from or relating to this Agreement must exclusively be resolved first by mediation with a single mediator selected by the Parties, with such mediation to be held in Lorain County, Ohio. If such mediation fails, then any such dispute shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in effect at the time the arbitration proceeding commences, except that (a) Ohio law and the Federal Arbitration Act must govern construction and effect, (b) the locale of any arbitration must be in Lorain County, Ohio and (c) the arbitrator must with the award provide written findings of fact and conclusions of law. Any Party may seek from a court of competent jurisdiction any provisional remedy that may be necessary to protect its rights or assets pending the selection of the arbitrator or the arbitrator's determination of the merits of the controversy. The exercise of such arbitration rights by any Party will not preclude the exercise of any self-help remedies (including without limitation, setoff rights) or the exercise of any non-judicial foreclosure rights. An arbitration award may be entered in any court having jurisdiction.
​
9. LAWS AND PERMITS
9.1. The Client acknowledges that the Company shall be limited by the rules and guidelines of a location (more specifically, apartment complex parking). Any desired flexibility of location rules and guidelines shall be subject to negotiation solely by the Client with the location management. The Company will assist the Client in making suggestions on truck movement and/or parking if expressly requested by the Client.
​
10. CLAIMS COMPENSATION
10.1. You, the Customer, have sixty days from the date of the move to file a claim for anything damaged or missing. 404 Moving & More LLC will acknowledge receipt of your claim within fifteen days after receiving it and must respond to you within thirty days.
10.2. The Company undertakes to repair, replace or reimburse Clients in the event of any damage(s) to his/her property due to negligence (i.e. reasonable care and skill was not exercised in the handling of Customer's possessions. Client is required to prove negligence) on the part of the Company's representatives as follows:
10.2.1. The value of reimbursement is based on resale value of the item at the time of damage (age, condition and type of item being taken into account). Value of the item will be depreciated per relevant depreciation principles or by mutual agreement.
10.2.2. If an item is part of a set, then only the individual item will be addressed. If the individual item cannot be located locally, then the closest local substitute will be used.
10.2.3. Item may be taken off site and repaired: Company reserves the right however to choose repairer. If the Client refuses to allow the item to be taken for repair, then any claim in relation to said item will be dismissed.
10.2.4. A mutually agreed discount on invoice. Furthermore, any discount previously negotiated will be taken into account when determining compensation (if any).
10.2.5. Company may replace item if the item is irreparable. Compensation however, will be commensurate with damage and cost of restitution. Where applicable, any item to be replaced or compensated for must first be returned to the Company within 48 hours of the damage.
10.2.6. Customer is required to pay all fees where applicable should a false claim be made and the Company incurs costs pursuant to investigation of such claim. This includes service personnel visits, polygraph testing of employees, etc.
10.3. The Carrier's maximum liability shall be either the actual DEPRECIATED VALUE or REPLACEMENT VALUE, whichever is less, for loss or damage as elected by the Shipper on the face hereof, not exceeding the amount declared by the Shipper on the face hereof.
​
11. SHIPMENTS NOT DELIVERED
11.1. A household goods Carrier may place a shipment of household goods into storage if the Shipper is not available for delivery of the goods as scheduled.
11.2. The cost of such storage is the responsibility of the Shipper of the household goods.
11.3. A shipment of household goods placed in storage is subject to liens for storage, freight, and other lawful charges.
11.4. A household goods Carrier must issue written notice of the storage of the household goods to the Shipper at each address shown on the moving services contract within three days of placing the goods in storage.
11.5. If the Shipper refuses to accept or does not claim the household goods within 15 days of the written notice of storage, the household goods Carrier may begin the process of selling the goods at public sale.
11.6. A household goods Carrier must give written notice of the public sale to the Shipper at each address shown on the moving services contract.
11.7. The moving services contract does not prohibit the sale of the goods under any other lawful manner if the method set out in the contract cannot be reasonably accomplished.