The following terms and conditions apply to all services performed by the carrier under this contract. The term “carrier” refers to
ProSmart Moving and Storage.
- (a) The Carrier or party in possession of any of the property hereby described (“Property”) shall be liable as a common law for any loss thereof or damage thereto, except as herein provided.
- (b) No carrier shall be liable for any loss, damage or delay caused by act of God, public enemy, war, declared or undeclared, acts of public authority, quarantine, riots, strikes, perils of navigation, act of de- fault of Customer, nature of Property or defect or inherent vice, occurrences in customs warehouse, or for any loss or damage to paintings, statuary, ornamental items, works of art, articles of unusual nature or value, photographs or pictures, antiques, dishes, glassware, musical instruments, vases, mirrors, marble or enamel pieces, lamps, lamp shades or other fragile articles, unless such loss or damage was caused by negligence of the Carrier, and the responsibility to prove such negligence shall be on the shipper or his agent (“Customer”), except where arrangements have been made for the packing and unpacking of such articles by the Carrier or its agent. No carrier shall be held liable for the internal malfunction of any computerized, electrical or mechanical item or piece of equipment.
- (c) If Customer will be using a third party moving company, Customer is obligated to ensure that no damage is done to Customer’s property before Customer transfers the property from Carrier to the third party moving company. Customer is obligated to collect substantial evidence to show that the damage was done by Carrier before property was transferred to a third party moving company. Customer must inform Carrier in writing about any damages discovered, before using the third-party moving company’s services. If Customer fails to follow the above guidelines, Customer cannot recover any damages.
- (d) No carrier shall not be liable for delay caused by obstructions, faulty or impassable highways, lack of capacity of any highway, bridge, ferry, or caused by breakdown, or mechanical defect of vehicles or equipment.
- (e) Customer is obligated to be present when Carrier unpacks and checks the property at the Customer’s destination address. Customer must report in writing any damages discovered during the unpacking process within 24 hours after the moving is complete. Customer’s failure to do so will result in a ban of recovery of any damage and suits shall be instituted against any Carrier only within two years and on day from the day when notice in writing is given by the Carrier to the claimant that the Carrier has disallowed by claim of any part or parts thereof specified in the notice. Where claims are not filed or suits are not instituted in accordance with the foregoing provisions, no Carrier hereunder shall be liable
- (a) The unplugging, plugging, disassembling, and assembling of any plumbing appliances must be done by a professional plumber. If Customer insists that Carrier must do the unplugging, plugging, disassembling, or/and assembling of any plumbing appliances, Carrier is not responsible for any resulting damage.
- (b) The law of the destination location may require specific parking permits, for the delivery truck to be parked on the street. Customer must obtain the necessary permits. If Customer fails to do so, Customer is responsible for any parking tickets Carrier might get.
- (c) As per federal regulations, Carrier cannot transport more than 9,000.00 pounds per truck. If the weight of the property exceeds 9,000.00 pounds per truck (26,000.00 pounds overall), Carrier will contact Customer and return the overweight property to the Current Address at Carrier’s expense. However, if Carrier cannot contact Customer due to Customer’s fault, Customer is liable for unloading and storage of the overweight property.
- (d) Extra heavy item fee will apply for items that could be considered excessively heavy 300 lbs or more.
- (e) According to California Public Utilities Commission (CPUC), moving companies are required to charge DOUBLE DRIVE TIME if the distance between the pick-up and drop-off addresses is more than 10 miles.
- (a) Customer will pay Carrier agreed hourly rate per hour. 3 hours minimum required. The time will start, when Carrier arrives at Customer’s current address. The time will end, when Carrier unloads and unpacks the last item of Customer’s property at the destination address. Customer will pay 50% overtime after 8 hours of work. Carrier’s employees will take breaks in unison. Customer will not pay the hourly rate during breaks taken by Carrier’s employees. The hourly rate applies to all employees at once and not to each individual employee.
- (b) Customer will pay a maximum of $5,000.00 for moving that does not exceed 200 miles (local moving) per day. Customer will pay $100 per night for overnight storage until Customer arrives at Customer’s destination address.
- (c) Customer will pay Carrier a 10% down payment for any long-distance moving on or by the date of moving. Carrier is entitled to the payment of the work performed after 70% of unloading is completed for any short-distance or long-distance moving. The remaining 30% must be paid upon completion of the moving.
- (d) Customer is liable for any expenses incurred due to Customer’s failure to timely pay to Carrier. The expenses include but are not limited to any direct or indirect expenses known or unknown to the Customer, which may include, but not limited to, storage fees, unloading fees and legal fees.
- (e) In the event Customer does not pay in full, Carrier may obtain a lien on Customer’s property if Customer fails to pay. Carrier will transport and store Customer’s property at Customer’s expense. Customer will receive Property back when Customer pays in full for Carrier’s services and any additionally incurred damages. Also, Carrier may pursue remedies against Customer as provided by this Agreement or in accordance with the law.
- (a) Where Carrier is directed to take Property from a place or places at which the Customer is not present, the Property shall be at the risk of the owner before loading.
- (b) Where Carrier is directed to unload or deliver Property at a place or places at which the Customer is not present, the Property shall be at the risk of the owner after unloading or delivery.
- (c) Carrier will provide packing services. Since Carrier cannot inspect any packed property, Carrier is not responsible for any damage to the property which was not packed by Carrier and has a right unpacking and inspect the property upon delivery of the property to Customer’s destination address, to ensure the extent of damage to the property if any. If customer prevent Carrier from inspecting the property, Carrier is not liable for any damage Customer may claim occurred during the delivery.
- No Carrier will carry or be liable in any way for any documents, species, or for any article of extraordinary value unless a special agreement to do so and a stipulated value of the articles are endorsed hereon.
- Explosives or dangerous goods will not be accepted for shipment. Every party whether principal or agent shipping such goods shall be liable for any indemnify Carrier against all loss or damage caused by such goods and Carrier will not be liable for safe delivery of the shipment.
- (a) Dispute Resolution: In the event of breach or a dispute that cannot be resolved without third party intervention, the Parties agree to resolve their dispute in arbitration.
- (b) Choice of Law: In the event of a dispute where Federal Law does not apply, the Parties agree that the State Law of California will apply. The Parties agree to resolve any dispute under State or Federal Laws in Los Angeles County, California.
- (c) Entire Agreement: This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made by any party to this Agreement or any third party on or before the effective date of this Agreement will be binding on the parties.
- (d) Modification: This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them or an oral agreement only to the extent that the parties carry it out.
- (e) Severability: If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
- (f) Attorney’s Fees: In the event a dispute involving this Agreement is resolved in a third party judicial proceeding, including arbitration, the prevailing party will have a right to be reimbursed its attorney’s fees and costs for enforcing its rights under this Agreement.
- (g) Interest: In the event a dispute involving an unpaid amount under this Agreement is resolved in a third party judicial proceeding, including arbitration, the prevailing party is entitled to interest of 0.5% per day starting on the date the amount unpaid became due.
- Any alteration in this proposal for service and bill of lading made without the special notation hereon of the Carrier shall be without effect, and this document shall be enforceable according to its original tenor.