The following Contract Terms and Conditions govern all transportation services performed by Global Relocation System, LLC (hereinafter referred to as "Carrier"):
SECTION 1: HANDLING OF FRAGILE ITEMS
Customer hereby authorizes Carrier to handle and transport all uncrated mirrors, marble, glass tops, lamps, lampshades, mattresses, televisions, stereos, speakers, loose items not boxed, and all other unpacked fragile items. Customer acknowledges and agrees that if packing services are required and performed by Carrier, Customer must pay for such services. Carrier assumes no responsibility for cracking, peeling, chipping, or breakage of items not packed by Carrier's employees. Carrier is not responsible for the working condition of electronic items (including but not limited to televisions, VCRs, stereos, washers, dryers, refrigerators, Jacuzzis, and other appliances). Carrier shall not move or transport live plants, tanks, and/or any chemical containers. Carrier is not responsible for the condition of the contents of cartons not packed by Carrier's employees.
SECTION 2: DIFFICULT ACCESS
Customer acknowledges that when attempting to move furniture into areas with difficult access, Carrier's movers are not responsible for any damage caused to furniture or property resulting from such difficult access. Customer knowingly accepts the risk of damage to walls, floors, floor coverings, and aforementioned furniture in such circumstances.
SECTION 3: VALUABLE ITEMS
Customer releases Carrier of all responsibility for accounts, bills, currency, deeds, evidence of debt, money, notes, securities, jewelry, watches, and precious stones unless such items have been declared to Carrier prior to shipment.
SECTION 4: LIABILITY LIMITATIONS
Carrier shall be liable for physical loss of or damage to articles from external causes 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:
A) Acts, omissions, or orders of the Customer;
B) Defects or inherent vice of the article, including susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes therein;
C) (1) Hostile or warlike action in time of peace or war, including action hindering, combating, or defending against an actual, impending, or expected attack by:
Any government or sovereign power, or by any authority maintaining or using military, naval, or air forces;
Military, naval, or air forces;
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;
(6) Risks of contraband or illegal transportation or trade;
D) 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. "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 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;
(5) A threat, attempt, or conspiracy to do any of the foregoing;
E) Delay caused by strikes, lockouts, labor disturbances, riots, civil commotions, or the acts of any person or persons taking part in any such occurrence or disorder, and from loss or damage when Carrier, after notice to Customer or consignee of a potential risk of loss or damage to the shipment from such causes, is instructed by the Customer to proceed with such transportation and/or delivery, notwithstanding such risk;
F) Acts of God.
LIABILITY LIMIT: In addition to the foregoing limitations, Carrier's maximum liability shall be sixty cents ($0.60) per pound of the weight per article for any lost or damaged item. Additional coverage can be purchased directly from www.movinginsurance.com.
SECTION 5: ADDITIONAL LIABILITY LIMITATIONS
A) Carrier shall not be liable for delay caused by highway obstruction, faulty or impassable highways, lack of capacity of any highway, bridge, or ferry, breakdown or mechanical defect of vehicles or equipment, or from any cause other than negligence of the Carrier. Carrier shall not be bound to transport by any particular schedule, means, vehicle, or otherwise than with reasonable dispatch. In case of physical necessity, Carrier shall have the right to forward property by any carrier or route between the point of shipment and the point of destination. Carrier is obligated to transport the goods described in the Bill of Lading with only reasonable dispatch.
B) 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 Carrier be liable except for its own negligence. Carrier is not liable for mechanical or electrical malfunctioning of 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. 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: PAYMENT OF CHARGES
A) The Customer, 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 Carrier on account of such shipment. The extension of credit to either Customer or consignee for such unpaid charges shall not 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 Customer shall indemnify Carrier against loss or damage caused by inclusion in the shipment of explosives or dangerous articles or goods.
SECTION 7: STORAGE IN CASE OF DELIVERY FAILURE
If for any reason other than the fault of Carrier, delivery cannot be made at the address shown on the face hereof, or at any changed address of which Carrier has been notified, Carrier, at its option, may cause articles contained in the 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: DISPOSITION OF UNCLAIMED PROPERTY
If shipment is refused by consignee at destination, or if Customer, consignee, or owner of property fails to receive or claim it within fifteen (15) days after written notice by United States mail addressed to Customer and consignee at post office addresses shown on the face hereof, or if Customer 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 the 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 Customer 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 the owner of the 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 or further deterioration.
SECTION 9: CLAIM REQUIREMENTS
As a condition precedent to recovery, a claim for any loss, damage, injury, or delay must be filed in writing with Carrier within thirty (30) days after delivery to consignee as shown on the face of the 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 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, or MasterCard only, at destination prior to the release of goods and values.
If said charges are not paid when due, interest at the rate of 1.5% per month (18% per annum) will be added to all delinquent accounts and all unpaid balances. It is agreed between the Customer and Carrier that any deposit for services to be rendered specified on the face of the Bill of Lading will be treated as liquidated damages and retained by the Carrier in the event Customer cancels or breaches this contract. In addition, if the job is canceled while the move is in progress, the Customer is responsible for any reasonable charges incurred or services rendered up to the time of the cancellation.
SECTION 11: OWNERSHIP OF GOODS
The Customer has represented and warranted to Carrier that the Customer has lawful possession of and the legal right and authority concerning the goods described in this Bill of Lading. The Customer agrees to pay all storage and other reasonable expenses and costs, including reasonable attorney's fees, which Carrier may incur or become liable for in the event of any litigation concerning the goods described in the 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 Customer agrees to indemnify 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 the Bill of Lading made by any third party.
SECTION 12: CHOICE OF LAW, VENUE, AND JURISDICTION
This contract is entered into between the Customer and Carrier in the State of Virginia. If any lawsuit is necessary to resolve any dispute between the Customer and Carrier, brought by either the Customer or Carrier, the suit shall be brought only in the courts of Virginia and located in Fairfax County, Virginia. Both Customer and Carrier agree to submit themselves to the jurisdiction of the State of Virginia and agree that given their relationship to the State, the exercise of jurisdiction by the State of Virginia over any and all claims between them is reasonable, regardless of the destination of Customer's goods as described in the Bill of Lading.
SECTION 13: ATTORNEY'S FEES
Customer agrees to pay all reasonable attorneys' fees, as determined by the court, incurred by Carrier in any lawsuit brought by Carrier against the Customer or by the Customer against Carrier in the event that Carrier prevails in any aspect of the litigation, which includes, but is not limited to, when the Customer 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 alterations to this Contract and Bill of Lading must be signed by Carrier in order to be effective. Any amendments or alterations not signed by Carrier shall have no legal effect.
SECTION 15: ENTIRE AGREEMENT; ORDER OF PRECEDENCE
These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.
