These conditions explain the rights, obligations, and responsibilities of all parties to this Agreement. Where we use the word “Customer” it means you. Where we use the term “the Company” this means Muscle Movers (UPTOWN ENTERPRISES LLC). The terms and conditions of the Terms of Service can be varied or amended subject to prior written agreement. In Clauses Damage to goods, Damage to premises or property other than goods, and Exclusions of liability Company limits or excludes Company liability for loss and damage. Company recommends the Customer to arrange insurance to cover Customer goods or premises. Company may be able to arrange insurance for Customer’s benefit upon request. If the Customer chooses to purchase insurance through the Company, the insurance will be separate from this contract and subject to the terms and conditions of the policy.
1.1 What is included
Included in each quote is: an itemized price list for each inclusion related to your move, the time and date requested to complete your move, the total number of Company’s crew members that are assigned, and the addresses the crew will be working.
1.2 What is Not Included in Our Quotes
Our quote, unless otherwise stated, does not include insurance, cancellation/postponement waivers, or any fees or taxes payable to government bodies or agencies.
1.2.1 Work Not Included
The following is not included in the Company’s Quotation, unless agreed by the Company in writing prior to the beginning of work: Dismantling or assembly of most furniture; with the exception of certain beds, baby cribs or kitchen tables. Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment. Take up or lay fitted floor coverings. Move or store any items excluded under Clause Excluded Items. Dismantle, move or assemble garden furniture and equipment including, but not limited to: sheds, greenhouses, garden shelters, outdoor play equipment, satellite dishes, move paving slabs, planters and the like.
1.2.2 Additional Charges
Unless already included in the Company Quotation, reasonable additional charges will apply in the following circumstances: The moving of grand pianos, safes, weight lifting equipment, hot tubs, pool tables, or like large or extra heavy items. Collection of goods above the ground floor, where the elevator is not suitable for freight. The entrance or exit to the premises, stairs, elevators or doorways is inadequate for free movement of the goods without mechanical or structural alteration, or the approach, road or drive is unsuitable for our vehicles and/or containers to load and/or unload within forty (40) feet of the doorway. The Customer, or their Agents, request collection or access to the Customer’s goods while in storage.
2.1 Before You Schedule
2.1.1 You Must Have Legal Rights to the Goods Being Moved
By entering into this Agreement, you guarantee that: The goods to be moved are property, the goods are Your property free of any legal charge; or You have the full authority of the owner or anyone having a legal interest in them to enter into this Agreement and You have made the owner fully aware of these terms and conditions prior to entering into this Agreement and that they have agreed to them. If at any time following the effective date of this Agreement another person has or obtains an interest in the goods Customer will advise Company of their name, telephone number and address in writing immediately. The new owner shall be made part to this Agreement. Customer agrees to fully indemnify and hold harmless the Company its members and its representatives from any damages, loss, cost or liability including legal fees and the cost of enforcing this indemnity arising out of or resulting from any breach of this Section 2.1.1. Agreement with the Customer will remain in force until the Company has received an executed Agreement from the third-party. This Agreement may only be assigned to a third-party with the prior written consent of the Company. If assigned, the Company will need the name, phone number and address of the assignee. The assignee shall become party to a new agreement of terms and service.
2.1.2 Goods Company Will Not Move or Store for Customer
Unless previously agreed in writing by an authorized Company representative, the following items must not be submitted for moving and will under no circumstances be moved or stored by Company. The items listed below may present risks to health and safety and risk of fire. The Customer should make your own arrangements for the transport and storage of the following:
2.1.3 Valuation Selection and Waiver
It is the Customer’s responsibility to select and agree to your valuation coverage before your move is scheduled. You must either accept the full valuation coverage, if offered by the Company, at the current price the Company offers, or waive the full valuation coverage and accept the basic valuation coverage at the current industry specified rate.
2.1.4 Charges for Specialty Items
It is the Customer’s responsibility for paying additional charges for Pool tables, pianos, treadmills, elliptical, riding lawn mowers, safes, gun safes, hot tubs, motorcycles, and other items that may be added to this list upon assessment of Company. You will be charged a “heavy item” charge. It will be in addition to the hourly charge of the move.
After receiving a quote, the Customer is responsible for notifying the Company of the date of which you intend to use the services. You are responsible for notifying Muscle Movers of any date changes, postponements, or cancelations as soon as you become aware pf such changes in advance of the original scheduled date of service.
126.96.36.199 CHARGES IF YOU POSTPONE OR CANCEL YOUR REMOVAL
(please visit our Cancellation/Rescheduling/Refunds Policy)
Payment can be made in cash, Certified Check, US Postal Money Order, Credit/Debit Cards. Credit or Debit cards may incur 3.25% surcharge at the discretion of the Company. There will be a $50 charge for any returned check.
2.1.6 Reservation Deposit
Customer is responsible for paying a reservation deposit before you schedule your move. This deposit must be paid in full and at the time of booking. No reservations are made on the Company’s booking calendar without a fully paid reservation deposit.
2.2 Before You Move
2.2.1 Notification of Delays & Unforeseen Circumstances
If Customer elects to waive having the Company pack your items, you are responsible for properly packing and crating your items. Customer is responsible for completing the packing by the date of your scheduled service. Any additional packing by the Company that is necessary to properly complete the move may be reflected in additional charged hours to Customer’s final bill. Additional hourly charges may be applied if the Company’s moving crew is prevented from working while the Customer completes packing of Customer goods.
188.8.131.52 PARKING & RESERVATIONS
All parking and loading areas are to be reserved during your move by the Customer prior to the Company arriving to any location along the Customer route. Customer acknowledges that Company’s trucks can weigh as much as 26,000 pounds and may potentially damage Customer’s driveway. Therefore Customer must inform the Company 24 hours before the Customer’s move if the Company’s truck cannot drive onto or park in the Customer’s driveway. Under no circumstances will Company be responsible for damaged driveways.
2.3 After Your Move
184.108.40.206 FINAL PAYMENT
Unless otherwise agreed by the Company in writing, payment is required in full by cleared funds, cash or credit card, at the end of the moving period.
If the Customer or Customer’s authorized representative collects the goods from storage, the Company must be notified in writing of any loss or damage at the time the goods are handed to Customer or Customer’s agent or as soon as practically possible. For goods which the Company delivers, the Customer must give the Company detailed notice in writing of any loss and damage within seven (7) days of delivery by the Company. Company may agree to extend this time limit upon receipt of Customer written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld, but consent must be provided in writing by the Company. Furthermore, please visit our Claims, Arbitration & Litigation Policy for more on this issue.
Our liability for loss or damage
3.1 Right of refusal
We reserve the right not to service you under conditions that, at our sole discretion, we consider dangerous, unsanitary, abusive or contained outside the scope of household moving. In the event we exercise this right, we will not be liable to you or any other entity for direct or consequential damages. Customer forfeits their deposit and will be charged for two hours of labor, at the Companies discretion.
3.2 Damage to goods 3.2.1 Right to Repair
The Company reserves the right to repair any damaged item before Customer has it repaired or replaced. In case Customer chooses to repair or replace the damaged item before the Company has been given an opportunity to do so, the Company’s liability will be limited to $.60 per pound per article as stated by law.
3.2.2 Valuation Coverage
220.127.116.11 EXCLUDED ITEMS – WHAT IS NOT COVERED
Understanding the exclusions list will help you prepare better for your move: Any items that were packed by Customer or Customer Agent and not by Company movers. Any furniture items when furniture pads are not used for protection; based on Customer refusal for Company to use them. Special care items, including glass tops and mirrors or high value items such as digital TV sets, without proper packing and preparation. We will not be held responsible for any kind of planters/pots made of clay, porcelain, ceramic or glass.
18.104.22.168 IF WE PACK – WHAT IS COVERED
Despite the long list of exclusions and limitations; we do cover items that we knowingly or without dispute damage. Please visit our Claims, Arbitration & Litigation Policy for more.
22.214.171.124 IF YOU PACK
Any item not packed by Company that is damaged during the move, regardless of method of damage, will be reimbursed only at the federally mandated $0.60 per pound coverage rates regardless of the original or depreciated cost of the damaged item.
126.96.36.199 IF WE DRIVE & PACK
What is covered: Despite the long list of exclusions and limitations; we do cover items that we knowingly or without dispute damage. Released Valuation Coverage is provided on all items dropped or damages on site while in the possession of our movers, assuming they do not meet any of the exclusions above.
188.8.131.52 IF YOU DRIVE
The Company has no responsibility for goods damaged.
184.108.40.206 TRUE LIMIT FOR CLAIMS
If Customer or Customer’s authorized representative collect the goods, the Company must be notified in writing of any loss or damage at the time the goods are handed to Customer or Customer agent or as soon as practically possible. For goods which the Company delivers, Customer must give Company detailed notice in writing of any loss and damage within seven days of delivery by Company. Company may agree to extend this time limit upon receipt of Customer written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld.
3.3 Damage to premises or property other than goods
The Company has $750,000 in General Liability Coverage. General Liability covers personal injury and personal property that is damaged through the course of normal business operations. If Company causes loss or damage to premises or property other than goods for removal as a result of our negligence or breach of contract our liability shall be limited to making good the damaged area only. If Company causes damage as a result of moving goods under Customer express instruction, against our advice, and where moving the goods in the manner instructed is likely to cause damage, Company shall not be liable. If Company is responsible for causing damage to Customer premises or to property other than goods submitted for removal and/or storage, Customer must note this on the delivery receipt as soon as practically possible after the damage occurs or is discovered in any event within a reasonable time as determined by Company.
3.4 Exclusions of liability 3.4.1 Release of Liability for Certain Items
Occasionally it may not be possible to place items where you would like them without possible damage to the items or premises. If this situation arises, the Company will present Customer with a release form indicating that you accept responsibility for any ensuing damage. Company will not attempt to bring Customer’s items to their desired location unless the release of liability has been signed.
3.4.2 Disassembly & Installation
Company will not disconnect and reconnect washers, dryers and refrigerators. We will not replace electrical cords on dryers. Refrigerator doors sometimes need to be removed in order to go through narrow hallways or doors Company will not take off doors that have water or electrical connection going through them and Company will not remove freezer bottom drawers on refrigerators. If Customer knows that this needs to be done in order to move the refrigerator in or out of the area where it is located, please contact an appliance company to do that ahead of time. Under no circumstances will Company be involved in such tasks. Washers that are front loaders have locks to secure the drum during the move. Company can install and remove these locks, but Customer must provide these locks in order for Company to move the washer in a safe manner (these locks usually come with the washer when purchased.) Company will not be held liable for any internal damage to any electrical or electronic equipment (which may be a loose wire, blown fuse, etc.)
3.4.3 Prior, Existing or Post Service Damage
Company is in no way responsible for damage to items that were preexisting or occurred prior to date of the service completion or after the date of the service completion.
3.4.4 Improperly Self-Packed or Self-Prepared Items
Company is not responsible for self-packed items damaged as a result of improper packing procedures and techniques.
3.4.5 Damage Prone Goods
Any kind of furniture that is made out of pressed or particle material will have very limited to no value as far as liability of the Company. We will not disassemble or reassemble furniture made of this material. Should Customer choose to disassemble your furniture, Company will move the pieces and will not reassemble upon delivery. 3
.4.6 Inclement Weather
Company is not held liable for damages caused by inclement weather.
Company will not knowingly move or be liable for any valuables such as documents, medicine, priceless items, jewelry, and currency. Company will not be responsible or liable for any firearms. Please remove any firearms prior to Customer move.
3.4.8 Delays in Transit
Other than by reason of Company negligence or breach of contract, Company will not be liable for delays in transit. If through no fault of the Company it is unable to deliver Customer goods, Company will take them to our storage facility. The Agreement will then be fulfilled and any additional service(s), including storage and delivery, will be at Customer expense. Any transit times quoted by Company are estimated and based upon information known to Company at the time. Transit times may vary due to a number of factors outside Company control including but not limited to changes in sailing or departure dates made by the freight/shipping company, changes in the routes used by the freight/shipping company and port congestion. We will advise Customer of any material changes to the transit times as soon as Company become aware. Company will not be liable for any loss or damage incurred by Customer as a result of delays in transit time unless directly attributable to Company negligence or breach of contract. Company Right to Hold the Goods (lien) “Lien” is the legal right of the remover to hold goods until the Customer has paid all outstanding charges. Company shall have a right to withhold and ultimately dispose of some or all of the goods if Customer fails to pay the charges and any other payments due under this or any other Agreement. These include any charges that Company has paid out on Customer behalf. While Company holds the goods Customer will be liable to pay all storage charges and other costs (including legal costs) reasonably incurred by Company in recovering Company charges and applying Company right of lien. These terms and conditions shall continue to apply.
3.4.9 Arrival Windows
Company will give you an estimated window of arrival. Company will do everything to make sure that we arrive there within that window, but please remember that the window of arrival time is an estimate. If Company is running early or late, we will call Customer as soon as possible and let you know.
In any arbitration or litigation, the prevailing party shall be entitled to recover from the losing Party reasonable attorney’s fees and other costs and expenses of the arbitration or litigation as awardee by the Court. The arbitrator will be selected by Company. The parties each waive their right to trial by jury.
3.6 Route and method
Company has the right to choose the method and route by which to carry out the work and the location in respect of storage. Unless it has been specifically agreed otherwise in writing in the Company Quotation, other space/volume/capacity on Company vehicles and/or the container may be utilized for consignments of other customers.
3.7 Applicable law
This Agreement is governed by and shall be construed in accordance with the laws of the State of Arizona and the United States of America, without regards to its conflicts-of-laws principals.
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