TERMS AND CONDITIONS
The following Contract Terms and Conditions apply to all transportation performed by carrier (STRONGMOVE, LLC):
SECTION 1: Shipper (Customer) hereby gives STRONGMOVE, LLC permission to handle and transport all uncrated mirrors, marble, glass tops, lamps, lamp shades, mattresses, TV’s, stereos, speakers, all loose items not boxed and all other unpacked fragile items. Customer fully understands and agrees that if packing is required, and performed by STRONGMOVE, LLC customer must pay for services rendered. STRONGMOVE, LLC is not responsible for cracking, peeling, chipping and breaking of items not pack ed by STRONGMOVE, LLC employees. STRONGMOVE, LLC is not responsible for working condition of electronic items (TV, VCR, stereo, drier washer, refrigerator, Jacuzzi, and other appliances). STRONGMOVE, LLC shall not move or transport live plants, tanks, and/or any chemical containers. STRONGMOVE, LLC is not responsible for the condition of the contents of cartons not packed by STRONGMOVE, LLC employees.
SECTION 2: Shipper understands that attempting to move a piece of furniture into an area with difficult access for said furniture, the movers from STRONGMOVE, LLC are not responsible for any damage caused to furniture or property as a result of difficult access. Shipper knowingly accepts the risk of damage to all such as: wall, floors, and floor coverings and aforementioned furniture.
SECTION 3: Shipper releases STRONGMOVE, LLC of all responsibility for any accounts, bills, currency, deeds, evidence of debt, money notes, securities, jewelry, watches, precious stones unless items have been declared to STRONGMOVE, LLC prior to shipment.
SECTION 4: The carrier 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 according to the principles of common law negligence, EXCEPT loss, damage or delay caused by or resulting:
From an act, omission or order of the shipper;
B) From defect or inherent vice of the article, including susceptibility to damage to 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 suing 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 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 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) 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 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 person taking part in any such occurrence or disorder and form 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: 60 (sixty) cents per pound of the weight per article for any lost or damaged item. Any additional coverage can be purchased directly from www.movinginsurance.com.
SECTION 5: A) 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 necessity to forward said property by any carrier or route between the point of shipment and the point of destination. The carrier is obligated to transport the goods described in Bill of Lading with only reasonable dispatch.
B) The carrier shall not be liable for loss resulting from damage to any fragile articles, unless packed and unpacked by its employees and in no event shall the carrier be liable except for its own negligence. The carrier is not liable for mechanical or electrical malfunctioning of any appliances, computers, pianos, barometers, air conditioners, freezers, electronic or mechanical games or similar articles unless packed and unpacked by its employees and there is evidence of external damage to the article and then only when the malfunction is directly caused by the external damage. The carrier is not liable for damage to any article left in drawers, or in packages, cases or containers not packed and unpacked by its employees.
SECTION 6: 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 7: 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 the carrier has been notified, carrier, at its option, may cause articles contained in shipment 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 8: 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 hereof, 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 of further deterioration.
SECTION 9: As a condition precedent to recovery; a claim for any loss or damage, injury or delay, must be filed in writing with carrier within thirty (30) days after delivery to consignee as shown on face of Bill of Lading, or in case of failure to make delivery, then within nine (9) months after a reasonable time for delivery has elapsed; and suit must be instituted against carrier within two (2) years and one (1) day from the date when notice in writing is given by carrier to the claimant that carrier has disallowed the claim or any part or parts thereof specified in the notice. Where a claim is not filed or suit is not instituted thereon in accordance with the foregoing provisions, carrier shall not be liable and such a claim will not be paid.
SECTION 10: TERMS OF PAYMENT: The payment for services and other charges are due upon delivery. Balance due to be paid in Cash, Visa, MasterCard only, at destination prior to relinquish goods and values.
If said charges are not paid when due, interest at the rate of 1 1/2% per month (18% per annum) will be added to all delinquent accounts and all unpaid balances. It is agreed between the shipper and the carrier that any deposit for services to be rendered specified on the face of Bill of Lading will be treated as liquidated damages and retained by the carrier in the event shipper cancels or breaches this contract. In addition, if the job is cancelled while the move is in progress, the shipper is responsible for any reasonable charges incurred or services rendered up to the time of the cancellation.
SECTION 11: OWNERSHIP OF GOODS: The shipper has represented and warranted to the carrier that the shipper has lawful possession of and the legal right and authority concerning the goods described in this Bill of Lading. The shipper agrees to pay all storage and other reasonable expenses and costs, including reasonable attorney's fees which the carrier may incur or become liable for in the event of any litigation concerning the good described in Bill of Lading, including any such costs and expenses in bringing or defending an interpleaded action to determine the ownership and/or right of possession of the goods. The shipper agrees to indemnify the carrier with regard to any expenses that may occur including reasonable attorney's fees, with regard to a claim of ownership and/or possession over the goods described in Bill of Lading made by any third party.
SECTION 12: CHOICE OF LAW, VENUE AND JURISDICTION: This contract is entered into between the shipper and the carrier in the State of Virginia. If any lawsuit is necessary to resolve any dispute between the shipper and the carrier, brought by either the shipper or the carrier, the suit shall be brought only in the courts of Virginia located in Fairfax County, Virginia. Both shipper and carrier agree to submit themselves to the jurisdiction of the State of Virginia and agree that given their relationship to the State Of Virginia, the exercise of jurisdiction by the State of Virginia over any and all claims between them is reasonable, regardless of the destination of shipper's goods as described in Bill of Lading.
SECTION 13: ATTORNEY'S FEES: Shipper agrees to pay all the reasonable attorneys' fees, as determined by the court, incurred by the carrier in any lawsuit brought by the carrier against the shipper or by the shipper against the carrier in the event that the carrier prevails in any aspect of the litigation, which includes, but is not limited to, when the shipper is awarded an amount less than the amount originally requested in the initial pleading in the case.
SECTION 14: AMENDMENTS AND ALTERATIONS: Any and all amendments or alternations to this Contract and Bill of Lading must be signed by the carrier in order to be effective. Any amendments or alternations not signed by the carrier shall have no legal effect.
SECTION 15: ENTIRE AGREEMENT: This contract represents the entire contract between the parties hereto.