Terms and conditions of order for service
1. By signing the document below you are agreeing that you have been made aware of the charges and terms and conditions provided within. Upon booking you will have 72-hours to cancel your move. After 72-hours your deposit is non-refundable unless a manager approves otherwise. There will be a cancellation fee of 15% due to the cost of processing your credit card and arranging your schedule. Please note that we are not the carrier, but will be providing you with the resources to coordinate your long distance interstate move.
2. The provisions of this agreement, including the terms and conditions contained herein, represent the entire understanding and agreement between EXPRESS MOVING CONSULTANTS, and customer with respect to the subject matter hereof and supersedes all other negotiations, understandings, and representations, (if any) made between such parties. This includes any representations made by the estimator. In the event of a conflict between the terms of any estimate and the bill of lading, the terms of the bill of lading shall control. This agreement may not be amended, supplemented, or waived orally. Any changes must be in writing and signed by both EXPRESS MOVING CONSULTANTS and the customer. The customer may not assign its’ rights or obligations, under this agreement, without prior written request consent of EXPRESS MOVING CONSULTANTS to any party not listed by first and last name on the order for service. Nothing in this agreement, whether expressed or implied, is intended to confer any rights or remedies upon any persons, other than the parties hereto, and their respective legal representatives. Nothing in this agreement is intended to relieve or discharge the obligation or liability of any third person, to any party of this agreement, or give any third person right of subjugation or action over or against any party to this agreement.
3. The customer has hired EXPRESS MOVING CONSULTANTS as a moving coordinator/shipping agent/broker. EXPRESS MOVING CONSULTANTS is not to handle or otherwise participate in a move as a carrier. EXPRESS MOVING CONSULTANTS is not responsible for any acts or omission of the carrier, or its employees/agents. The customer must pursue the carrier for all claims including personal injury or death. This includes, without limitation, any claims to property, any claims for damage to property, lost or stolen goods, delayed pick up or delivery, the actions of estimators, drivers, packers, or movers. EXPRESS MOVING CONSULTANTS, will act on behalf of the customer in resolving any claims or delay issues with the carrier. The carrier’s maximum liability is limited to the lesser of the following: (A) The amount of the actual loss or damage. (B) An amount equal to sixty cents per pound, multiplied by the actual weight of the lost or damaged article. (C) The lump sum declared value.
4. As a properly licensed, interstate moving coordinator/shipper/agent/broker, EXPRESS MOVING CONSULTANTS is not a motor carrier and will not transport an individual customer/shipper household goods but will coordinate and facilitate the transportation of household goods by any FMCSA authorized, motor carrier, who’s charges will be determined by its’ published tariff. All estimated charges and the final charges will be based upon the carrier’s tariff, which is available for inspection, upon reasonable request. EXPRESS MOVING CONSULTANTS does not guarantee any pick-up or delivery dates, under any circumstances. EXPRESS MOVING CONSULTANTS agrees to facilitate a carrier to move your household items as promptly as possible, and in accordance with the information provided, regarding your items moving from origin to destination. Due to situations beyond our control, such as, but not limited to, inclement weather, mechanical breakdowns, road construction, remote pickup or drop off locations, difficult or limited lanes of travel, etc., there are no guaranteed pick up or delivery dates and/or times. Your pick up window represents your preferred time frame for a carrier to arrive, therefore EXPRESS MOVING CONSULTANTS cannot be held liable for any delays or date changes.
5. The customer will be subject to all applicable laws and general terms and conditions of the carrier, which shall include without limitation; a requirement that payment for charges, in full, must be paid before the unloading of goods in accordance with the carrier’s lawful lien on the property.
6. As the customer, I agree to pay the total for the moving coordination services provided by EXPRESS MOVING CONSULTANTS, shown as "customer payment" on my estimate. I understand and agree that my deposit/fee only represents a portion of my total estimated charges . My deposit is not refundable after placing my reservation for scheduling and routing purposes. Any service cancellation made within 72 HOURS of booking services, will be subject to losing 15% of the paid deposit. In order for the billing department to review a customer’s file and cancellation, an email must be sent to the billing department at email@example.com, explaining the cancellation request. Pick-up date changes or requests to place a move on hold must be submitted at least 7 business days prior to the pack and/or load date, or the customer will be subject to pay a minimum of a $ 500.00 rescheduling fee. The customer is agreeing that they are only entitled to receive a credit of their deposit for a future interstate move, which must be used within 12 months of the original reservation date.
7. The customer has elected a “binding” price. The total cost will not exceed the estimated amount; provided however, that the customer conveys an accurate description of the items listed on their inventory to be moved with EXPRESS MOVING CONSULTANTS, and a correct list of additional services needed. The customer has requested to have an estimate prepared for his/her household goods, in accordance with 49 CFR 371.113 © (1). The customer agrees to waive a physical survey of the household goods, and alternatively agrees to receive a binding estimate, based upon the provided item inventory list of all property to be transported. If any additional items/weight, packing services, or labor are added at the origin or destination of the customer quoted, the customer shall be charged for these services at the governing tariff rates. The customer understands that EXPRESS MOVING CONSULTANTS has a 286 cubic foot minimum on all shipments. Any shipment below 286 cubic feet, will be charged at the 2000-pound rate. The price includes all fuel surcharges, tolls, item load and unload, basic disassembly and reassembly of standard furniture items. It also includes, up to 75 feet long carry at origin and destination, and one flight of stairs. Elaborate furniture items that must be disassembled and/or reassembled, may require a third-party service or additional labor, and should be disclosed to your estimator and included on the estimate. The disconnecting and reconnecting of appliances is not included in the price. Reassembly is subject to the availability of tools, and parties being available to connect. The packing and unpacking of boxes is only included in the estimated price, if they are itemized in the packing/unpacking section of the estimate. All materials for labor of undisclosed items will be extra.
8. The terms and provisions of this contract, whether expressed or not expressed, shall not be binding upon; injure to the benefit, and be enforceable by the parties and their respective administrators, executors, legal representatives, heirs, successors, or permitted assigns. The customer shall indemnify and hold harmless EXPRESS MOVING CONSULTANTS, and its shareholders, directors, officers, employees, agents and affiliates, from or against, any and all actions, claims, suits, liabilities, proceedings, penalties, fines, costs, and expenses. This is including all reasonable attorney’s fees relating directly or indirectly, from any breach of this agreement on the customer’s behalf.
9. The customer shall indemnify and hold harmless EXPRESS MOVING CONSULTANTS, and its shareholders, directors, officers, employees, agents and affiliates, from or against, any and all actions, claims, suits, liabilities, proceedings, penalties, fines, costs, and expenses. This is including all reasonable attorney’s fees relating directly or indirectly, from any breach of this agreement on the customer’s behalf.
10. It is a mandatory agreement by both parties, that this agreement shall be governed by the internal laws of the state of Florida, without regard to the principles of conflicts of law. Any dispute arising out of or relating to this agreement shall be brought to the courts, or record of the state of Florida, in Palm Beach County, ort the court of the United States, Southern District of Florida, in Palm Beach County. If any party does not have a registered agent to accept service of process in Florida or is not otherwise subject to service after reasonable attempts, then such party agrees to accept service of process by US mail.
11. In the event that controversy arise under or relating to the interpretation or implementation of this agreement, or any breach thereof, EXPRESS MOVING CONSULTANTS shall be entitled to recover all of its court costs, collection fees, expenses, and reasonable attorney fees. This includes, without limitation, all pre-trial, and appellate proceedings. In addition to any other. In the event that EXPRESS MOVING CONSULTANTS pursues the collection of any amounts under this agreement, EXPRESS MOVING CONSULTANTS may recover the full tariff rate on all goods, and services provided as well as all other remedies available to it at law.
12. All pick-up, load, and/or delivery dates, are only estimates. EXPRESS MOVING CONSULTANTS is not responsible for loss or damage incurred by unavoidable delays. EXPRESS MOVING CONSULTANTS will act on the behalf of the customer in resolving any claims, or delay issues, with the carrier. There are absolutely no guarantees made, expressed, or implied regarding pack, load, and/or delivery dates.
13. The Motor Carrier Neutral Arbitration Program: The Motor Carrier’s Neutral Arbitration Program has been designed to give neither party any special advantage. If a dispute arises between the carrier and the shipper, arbitration may be a mutually beneficial alternative to help resolve the dispute. Section 49 U.S.C., Sections 375 211, provides information that a mover must have a program in place to provide shippers with an arbitration alternative. Arbitration is optional, and not required under federal law. Summary of the arbitration process: Arbitration is an alternative to courtroom litigation. It provides each party to the dispute, to present their case and allow a neutral, third-party arbitrator to make decisions as to the merit of each sides case. Arbitration subject to this agreement, shall be conducted via written submission and subject to the arbitrator’s discretion, through telephonic appearance. After the initial filing fees have been paid, and the arbitrator selected, the initiating party or (claimant) must submit a brief, written summary of their legal position. Actual claims, all supporting documentation must be included with the initial arbitration brief. Copies of all documents must be submitted to all parties involved in the arbitration. Upon receipt of the claimant’s arbitration brief and supporting documents, the responding party or (respondent), will have 30 days to file their responsive arbitration brief. Further deadlines and the time tables are subject to the arbitrator’s discretion. Legal effects; if the arbitration alternative is chosen, then any decision made by the arbitrator may be binding. Additionally, an arbitration decision may not be appealed in court of law. All parties agree that the arbitrator’s decision will be based exclusively on the governing United States federal law, without regard to conflicting state laws or regulations. Each party is responsible their own cost associated with arbitration. A benefit to arbitration may be that it is less expensive than traditional litigation. Each party is responsible for 50% of the cost associated with securing the arbitrator and 100% of their own expenses, including attorney fees.
14. Upon booking, a deposit fee is required to be paid by credit card, check, (Visa, MasterCard, Discover) or other approved payment method between EXPRESS MOVING CONSULTANTS and customer. Upon pick-up, the carrier may collect up to 70% of the remaining balance less the deposit fee paid to EXPRESS MOVING CONSULTANTS if a customer is going into 30 days of storage, or longer. The carrier’s payment will be due in the form of cash, certified check, or postal money order. The remaining balance must be paid in full upon delivery. Subject to federal law, payment in full of all charges is required before delivery, and prior to unloading, including any payments made or outstanding to EXPRESS MOVING CONSULTANTS. The customer understands and agrees to the terms that should the customer fail to execute or return this agreement, by allowing a carrier designated by EXPRESS MOVING CONSULTANTS to pick up the customer’s belongings, the customer agrees and consents to the terms and conditions in this agreement. The customer hereby knowingly, voluntarily and intentionally, waives the right to trial by jury in respect of any litigation, based heron, or arising out of the origin connection with the goods and services obtained hereunder. This also includes the move itself, or any course of conduct, course of dealing, statements, (verbal or written), or actions of EXPRESS MOVING CONSULTANTS. The customer acknowledges that the waiver constitutes a material inducement to EXPRESS MOVING CONSULTANTS to enter into this agreement.
15. EXPRESS MOVING CONSULTANTS requires that the customer must first attempt to resolve all disputes in writing directly with EXPRESS MOVING CONSULTANTS. This must be done prior to the customer initializing a dispute or reversal with their issuing credit card company. The customer must provide a written description showing any and all breaches of the contract by email to firstname.lastname@example.org. The customer agrees and understands, that failure to provide written documentation explaining the discrepancy will result in the forfeiture of the customer’s deposit.
16. As the customer, I understand that a service refusal or denial of service either verbally, in person, or over the phone, will be treated as a late cancellation outside of the company’s set cancellation window. I understand that refusing or denying services will result in a forfeiture of my deposit. As the customer, I understand that claiming, "Merchandise/Services Not Received" or "Defective/Not As Described Merchandise/Services" requires a written statement explaining in detail, EXPRESS MOVING CONSULTANTS` failure to service the job. This completed statement must be emailed to email@example.com. I understand that a cancellation made within 14 business days of the scheduled pick-up date, will also be treated as a late cancellation and result in a forfeiture of the deposit, as a carrier has already been assigned and dispatched. As the customer, I understand that if I book my move within 7 business days of the scheduled pick-up date, the 72 hour cancellation window will be null and void.
17. The customer understands that EXPRESS MOVING CONSULTANTS will not be required to provide proof of a service denial. This is the customer’s responsibility. As the customer, I agree to the applicable terms and conditions, in reference to pick-up and delivery dates, (section 12). I agree that EXPRESS MOVING CONSULTANTS does not have the ability to obtain signed documentation verifying a service refusal. I agree that EXPRESS MOVING CONSULTANTS will not be required to provide proof of service in the case of a service denial or refusal of service. EXPRESS MOVING CONSULTANTS, reserves the right to retain the deposit of the customer who verbally refuses or denies services without written documentation.
18. As the customer, I agree to address my concerns professionally with EXPRESS MOVING CONSULTANTS directly. I agree that I will not express my concerns or experiences with EXPRESS MOVING CONSULTANTS, in such a manner that may damage the company’s upstanding name or reputation. Any attempt at decimating the company’s character, will result in a forfeiture of the deposit, and an immediate denouncement of any claims made against EXPRESS MOVING CONSULTANTS. I understand that I may express my opinion and experiences publicly, after I have given EXPRESS MOVING CONSULTANTS sufficient time to address concerns. Any false claims or misconstrued information offered to the public while these claims are being reviewed, will result in the forfeiture of those claims and/or refunds and potential legal action as described in section 11.
19. As the customer, in signing this agreement I agree that EXPRESS MOVING CONSULTANTS has provided a dated copy of the estimate and charges at the time of booking. EXPRESS MOVING CONSULTANTS has provided the correct payment methods and all costs, charges, and balances are clearly shown on this estimate. The charges represented on this estimate are for the services and efficient inventory allocation and resources. EXPRESS MOVING CONSULTANTS’ sales representative, has verbally confirmed their role as a moving broker and coordinator. I have also been informed and accepted the terms of cancellation. In canceling this reservation, I will not be eligible for a refund of my deposit, outside of my cancellation window.
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