This Moving Services Agreement (“Agreement”) is between 1000611611 O/A Around Town Moving & Delivery (“Company”) and the customer(s) (“Customer”) as specified in “Order Details”.
SCOPE OF SERVICES (the “Services”)
ON DATE OF MOVE, SENDER COMPANY WILL
Make sure to bring all necessary packing supplies and moving vehicles to the designated site.
Ensure that all items are packed appropriately.
It is imperative that you handle all items with utmost care in order to prevent any potential damage during the move. It is important to note that the Customer must sign a Waiver and Release of Liability Agreement.
Unloading items is permissible at any newly designated destination.
Ensure that all furniture that was disassembled during the move is reassembled.
Position furniture as directed.
Unpack boxes as directed by the homeowner.
Remove and discard all packing materials.
CUSTOMER AGREES TO
Accept full legal responsibility for managing all of the objects being transferred.
Be there at the agreed-upon time (15-30 minutes before the truck is offloaded where the bill is due).
Place any objects that are not intended for packing and transport in a separate area.
Clear debris from walkways and driveways that could interfere with vehicle loading and unloading.
Verify the items on the inventory list.
DURATION OF SERVICES
Services will begin on Move Date (“Service Commencement Date”). Equipment must be delivered, and destination Services must be given by
Around Town Moving & Delivery can only provide hourly charges for its Services. As a result, the real duration of the Services must be paid for based on a number of criteria. Unless a flat rate fee is offered and agreed on.
RATE OF SERVICE
The rate for Services under this Agreement shall be the hourly rate specified in the estimate plus any additional fees for any modifications to the scope of Services required by the Customer (“Service Fee”).
The Service Fee will be calculated according to how long it takes to finish the work. Both the actual time required to complete the Services and any waiting time encountered while providing the Services are covered by the Service Fee.
On or before the date written on the first page of this Agreement or as stated on the retainer invoice, Customer shall pay the deposit of $150 plus taxes (the “Deposit”) prior to the start of the Services.
If Around Town Moving & Delivery is at fault for not providing the Services or if Around Town Moving & Delivery and the Customer agree that the Services cannot be given or completed, the Customer will get a $150 refund.
FINAL INVOICE AND ADDITIONAL FEES
The customer shall be responsible for paying any costs incurred as a result of any requested additional Services, changes to the scope or duration of the Services, or unplanned events.
The final invoice payment will be computed and billed approximately 30 minutes prior to the conclusion of the Services. When the consumer receives the final bill, they must pay it with cash, a debit/credit card, or an e-transfer.
The Customer is responsible for making sure Around Town Moving & Delivery has access to all locations at the origin, destination, third-party, and/or other sites as may be necessary for Around Town Moving & Delivery to provide the Services in a proper and safe manner. This includes, but is not limited to, obtaining any necessary security clearances, approvals, service forms, information for required certificates of insurance, tickets, grants of access, or third-party consents.
If the Customer does not grant the access to the premises and/or the necessary papers for the premises, the Customer may be charged a minimum labour charge of three hours plus any additional travel time.
Any parking tickets or other fines assessed against Around Town Moving & Delivery while the Services are being provided are the Customer’s responsibility.
Snow that may obstruct the Services during the winter months must be shoveled and cleared entirely by the Customer. The Customer shall at all times provide a clear path and level surface for the Company’s staff.
The client guarantees that none of the origin, destination, or other premises have any steps, obstructions, carpets, floor gaps, challenges with height or breadth, or other features that would make it difficult to move, transfer, or deliver things.
The customer acknowledges that it is solely their duty to take all required precautions to make redundant data backups properly, competently, and thoroughly and/or disaster data recovery backups of all data from the goods being relocated.
The Customer or their authorized representative must be present at the location at all times when the Services are being rendered.
LIABILITY AND DAMAGE GOODS
Any shipment delays, losses, or damages brought on by the circumstances listed in the agreement’s section on force majeure shall not be Around Town Moving & Deliveryresponsibility. Around Town Moving & Delivery, its employees, consultants, affiliates, officers, or directors shall not be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages of any type, whether in connection with this Agreement or elsewhere.
The value of any goods or items belonging to the Customer that are harmed as a result of Around Town Moving & Delivery’s fault during the Services shall be evaluated at $0.60/lbs (sixty (60) cents per pound). Around Town Moving & Delivery shall keep the Customer harmless based on the assessment. The Customer understands that Around Town Moving & Delivery ‘s maximum liability for any specific article or good is $0.60/lbs (sixty (60) cents per pound).
Around Town Moving & Delivery will not make up for any loss or damage brought on by the Customer.
CUSTOMER ACKNOWLEDGES AND UNERSTANDS
I, the Customer, understand that Around Town Moving & Delivery will not be held liable for any damage to walls, ceilings, floors, or fixtures caused by the relocation. Around Town Moving & Delivery will always ensure the protection of products by using materials such as quilted blankets, plastic shrink wrap, straps, and so on, and will take reasonable efforts to the best of its abilities to ensure that items are carefully fastened at all times.
I, the Customer, understand that Around Town Moving & Delivery is not responsible for any damage to the following items: marble, granite, China, ceramics, stoneware, lamps, particle board, pressed wood furnishings, Ikea or similarly constructed furnishings, printers, photocopiers, or contents of boxes packed by the Customer.
Around Town Moving & Delivery maintains the right to deny transportation of goods that are deemed hazardous, flammable, combustible, poisonous, or unsanitary, or represent a possible health and safety risk. The refusal to move such products has no bearing on the Customer’s obligation to pay for the moving services.
Around Town Moving & Delivery shall not be accountable for the deterioration or damage to perishable food, plants, or pets. Furthermore, if there is damage to or loss of a complete set, or if only a portion of the set is damaged or lost, Around Town Moving & Delivery shall only be liable for the repair or recovery of the lost or damaged component or pieces.
Around Town Moving & Delivery will not be held responsible for any loss or damage to the customer’s priceless personal belongings (jewelry, artwork, money, etc.). The handling of expensive personal things is not a part of the company’s service.
At no point during the Services shall the Customer help or impede an employee of Around Town Moving & Delivery. Any loss, harm, or damage resulting from a violation of this covenant shall be the exclusive responsibility of the Customer.
TIME LIMIT FOR CLAIMS
Within 3 days of delivery, any claims or complaints against Around Town Moving & Delivery must be made. refusing to submit claims within 3 days of delivery Shall be the Customer’s conclusive admission and agreement that there was no issue with Around Town Moving & Delivery’s subject moving job (including but not limited to any damage, performance issues, etc.) and
Permanently precludes the recovery of any losses, damages, or claims related to the subject moving services. Around Town Moving & Delivery shall not be liable and such claims will not be paid if claims are not filed or lawsuits are not brought regarding such claims in accordance with the aforementioned conditions.
Around Town Moving & Delivery disclaims all liability for any damage resulting from non-routine moving activities, such as handling over balconies, cramming through narrow spaces, moving during inclement weather, performing sharp turns, moving in crowded spaces, moving up and down stairs, etc.
Additionally, Around Town Moving & Delivery will not be responsible for any liability resulting from any items that were not in its possession or control, any items that were not properly prepared by the customer, any items that were special or delicate in nature, any furniture that is unstable in construction, any oversized furniture, or any other items that need to be moved.
The customer agrees to defend, indemnify, and hold harmless Around Town Moving & Delivery and its representatives, agents, employees, associates, subcontractors, officers and directors, and others from and against any and all claims, damages, losses, liabilities, obligations, settlements, judgements, costs, expenses (including without limitation reasonable solicitor’s fees and costs), or other liability or proceedings arising out of this agreement.
SEVERABILITY AND INVALIDITY
Should any provision of this Agreement be determined by a court of competent jurisdiction to be, in whole or in part, invalid or unenforceable, the validity or enforceability of the remaining provisions under applicable law will not be impacted and shall continue to be binding on the Parties for the longest period of time and for the broadest scope permitted by applicable law. Any such invalid or unenforceable provision shall be replaced, mutatis mutandis, with a valid or enforceable provision that, in its basic purpose, comes as near as feasible to the defective or unenforceable provision.
GOVERNING LAW AND DISPUTE RESOLUTION
The laws of the province in which the service is being offered will be used to interpret this Agreement and to control its operation.
Any disagreement, controversy, or claim arising from, relating to, or arising out of this agreement, including any question regarding its existence, interpretation, validity, breach, or termination, or the business relationship it creates, shall be referred to and finally resolved by arbitration under the rules of the Canadian Arbitration Association.
Around Town Moving & Delivery shall not be liable to the Customer for any delay, damage, or failure caused by or precipitated by a Force Majeure Event, with the exception of the need to make payments hereunder when due and the indemnification provisions under this Agreement.
The term “Force Majeure” shall mean, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, wars, strikes, lock-outs, work stoppages, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to obtain material, equipment, or necessary labour in the open market, acute and unusual labour, and national emergencies. Any of the aforementioned reasons for delays are not considered to be breaches of this Agreement or failures to perform.
Customers will be charged for the time spent waiting until Around Town Moving & Delivery is given access to the premises if the items to be moved, de-installed, or transported are not ready for transport at the scheduled time, access to the origin or destination premises is not available, or if those items are not ready for transport due to other circumstances.
Additionally, any additional wait time must be included in the hour of services.
Customer will be in breach of this Agreement if they fail to make any payments that are required by this Agreement. While the Customer is in default, Around Town Moving & Delivery is free to stop providing the Services without violating the terms of the Agreement until payment is received or a disagreement is resolved.
The Customer agrees to pay all office, billing, legal, and collection costs incurred by Around Town Moving & Delivery in the collection of amounts due under this agreement, including the costs of any collection agency or attorney’s fees to whom we may refer your account, if the Customer account is in default. In addition to any unpaid balance, the customer is also liable for a 15% penalty fee.
Any loss, damage, harm, or death that happens while the Services are being provided shall not subject Around Town Moving & Delivery to any liability to the Customer.
COUNTERPART & E-EXECUTION CLAUSE
This Agreement may be executed in counterparts and submitted for electronic signature using Eversign or other similar services.
The parties’ understanding with regard to the subjects covered by this Agreement is fully expressed in this Agreement, which supersedes all earlier negotiations, agreements, agreements, and understandings (whether written or oral).