AGREEMENT FOR MOVING SERVICES

The Moving Experience, LLC

d.b.a. The Moving Experience

What We Move, Matters.®

141 Suburban Road Suite D1

San Luis Obispo, CA 93405

CAL P.U.C. T-0191646

USDOT 3028544

MC 38168

FULL-SERVICE MOVING AGREEMENT

TERMS & CONDITIONS

 

 

  SHIPPER IS REQUESTED TO READ THIS DOCUMENT CAREFULLY, INCLUDING TERMS & CONDITIONS BEFORE SIGNING and ask for an explanation for anything not clear or inconsistent with any previous information given. THIS WILL CONFIRM INSTRUCTIONS AND AUTHORIZE THE MOVING EXPERIENCE, LLC, TO PACK, LOAD, UNLOAD, MOVE, AND PERFORM THE SERVICES LISTED HEREIN. 

My Signature at Confirmation signifies my complete understanding and full agreement with all the terms and conditions specified herein. 

Full Service Moving Agreement between The Moving Experience, LLC, d.b.a. The Moving Experience, herein referred to as “The Moving Experience,” “The Moving Experience, LLC,” The Moving Experience, LLC, d.b.a The Moving Experience,” “TME,” or “Carrier,” and Client, herein referred to as “Client,” “Customer,” “Shipper,” “Consignee,” or “Agent.”

All the terms and conditions listed herein, and all terms and conditions incorporated by reference, will be in full effect upon Confirmation by Client and will act as the Operating Agreement for the entire moving process. TME and Client hereby agree to the following:

 

1. Scope of Service.

1.1. Description of Service. Client engages TME to provide Moving Services of properties and other Services to be rendered. TME agrees to make its best reasonable effort to begin the move by Move Date. This moving service (“Service”) shall be conducted in a manner that TME, based on its professional judgment, deems reasonably necessary. In return Client agrees to pay TME for service rendered according to the terms of this agreement and any attachments or articles incorporated by reference.

1.2. Accurate Scope and Inventory. Client is responsible for submitting to TME, and verifying, that TME has an accurate Scope of Service and inventory on file. This includes the following:

1.2.1. Inventory Specific Information. Inventory Specific Information such as, but not limited to: the total weight of the shipment, total cubic footage of the shipment, maximum number of boxes to be packed and/or shipped, total number of items to be moved, total number of items to be pad-wrapped, disassembled and/or reassembled, disconnected and/or reconnected, and/or moved up or down stairs, hoisted, handled, or manipulated.

1.2.2. Item Specific Information. Item Specific Information such as, but not limited to: the correct model number, type, measurements, weights, serial numbers, of any bulky items, large items, heavy items, appliances, and/or items that may present extraordinary techniques or applications to move safely, including any specialty items or Services.

1.2.3. Logistic Specific Information.  Logistic Specific Information such as, but not limited to: the number of trucks, movers, or equipment needed to reasonably complete the Service without incurring overtime for TME employees before clock-out.

1.2.4. Location Specific Information. Location Specific Information such as, but not limited to: all correct physical addressees, any internal or external stairs, access issues, long-carries, parking issues, conflicts, other contractors which may be working concurrently with TME at the same location(s), any steep driveways, dirt roads, low trees, rough terrain, technical layouts, circumstances, elevators, sensitive flooring, animals in the house, or any other issues, discrepancies, caveats, or complications, so that TME may issue an accurate and fair estimate, and prepare accordingly for the Service well in advance.

1.3. Client Verification of Recorded Data. TME may collect an inventory of items, scope information, and location specific data through several means including but not limited to: in person, by telephone, by teleconference, by video conference, by email, by web, or by any other means. However, Client is responsible for verifying the accuracy of such information and subsequently correcting any inaccuracies of the information, in its entirety, once collected, which may be related to the Scope, Inventory, Items, Logistics, Caveats, and/or Location specific data, as it pertains to the Scope and/or Service to be performed, prior to confirming the Service with TME.

1.4. Modification.

1.4.1. Change Order for Services. Any modification to this agreement made in writing must be titled: “CHANGE ORDER FOR SERVICES” and signed by both parties along with a date of execution. Unless otherwise stated in writing, any payment owed to TME remains unchanged. TME agrees to maintain records of hours worked, any charges, fees, materials used, time spent by TME, rentals, additional purchases, services rendered, and/or equipment used to complete the Service for Client. Any verbal additions, representations, inaccuracies, and/or changes made by Client will be bound by the terms and conditions of this Agreement including charges beyond the maximum for the original scope of work.

1.4.2. Short notice Changes, Cancellation, Modifications and Additions, Made less than 7 (Seven) Full and Complete Business days prior to the anticipated Service Date and/or Commencement. If Client attempts to make a Change, Cancellation, Modification, and/or Addition, at any time which is less than 14 (seven) full business days before the anticipated Service Date and/or the Commencement of the Service, or TME discovers that the Scope of Service, Items and/or Inventory are inaccurate, TME may exclude any such Change(s), Addition(s) and/or Modification(s). If Client chooses to not use TME to perform the original Service and/or any additional Service(s) requested, Client will forfeit any: reservation fees, progress payments, booking fees, and/or deposits previously collected, and will owe TME the minimum charge listed in the Agreement, as outlined in the TME Cancellation Policy.

1.4.3. Extra Work. Any work performed which was not part of the original estimate, inventory, scope, or phone conversation, will be billed as a separate job, with separate enforceable minimums and other preparatory charges, subject to the terms and conditions of this Agreement. ‘Additional Services Rates’ listed in 1.11. will be in effect for any execution or preparation of any such request.

1.5. Instructions. Client signing the Confirmation Page will confirm instructions received from Client for TME to perform Moving Services of Goods Including all items listed within the Inventory and Scope, on file with TME, and which has been verified by Client.

1.6. Location. The Location(s) for the described Service(s) to be performed have been verified for accuracy by Client prior to Confirmation. Billable Hours begin upon arrival to the location listed and verified by Client.

1.7. Notification. The party to be notified at delivery is listed as an addendum to this Agreement, which has been verified by Client.

1.8. Rates. The hourly labor rate(s) for the Service to be performed are included in this Agreement as an addendum.

1.8.1. Rate Fluctuation. Rates quoted may fluctuate with Changes, Additions, Modifications, and/or Changes of Scope or Inventory, made by Client. Crew hourly rates may fluctuate depending on how many movers are dispatched on move day by TME, regardless of any previous commitments or confirmations made by TME.

1.8.2. Resources Allocated to Complete the Service. TME may, at its sole discretion, use more and/or less people and/or equipment than originally described, to complete the Service.

1.8.3. Hourly Rate per Person Per Hour. If TME uses more people to complete the Service, the crew hourly rates will increase by the number of movers added, times the hourly rate per mover, per hour. All billing will be calculated in 15-minute increments.

1.8.4. Rates for Price matching, Adjusted Estimates, and Lowered Not-To-Exceed Prices. TME’s adjusted bid or adjusted Estimated Cost of Moving Services may not match the maximum price established by another Carrier. The higher of the: (1) Additional Services Rate, (2) the highest hourly rates listed on any other Carrier’s Estimated Cost of Moving Services including bulk hourly rate charges designed to cover multiple persons, (3) the highest rates listed in any communication between TME and Client, (4) rates listed on Clients Confirmation Page, or (5) the rates originally listed on this Agreement, whichever is greater, will be in effect for any price matching, adjusted price, or any amended estimates, and/or changed maximum charge quotes issued by TME to Client.

1.9. Exclusions. Any items not specifically listed on the Client verified inventory may be excluded by TME from this Shipment. Additional items accepted for shipment will incur additional charges.

1.10. Additional Services. Services that may require different rates or fees required to accomplish Client’s requests: Packing, Unpacking, Additional Items, Specialty Items, Additional Pickups, Additional Deliveries, Materials, Packing Materials, Moving Blankets for Storage, Unmentioned Articles, Delays, Assembly, Disassembly, Crating, Rigging, White-Glove Service, Trash Removal, Repairs, Rare or Special Items or Circumstances, Interference, Setting up new items, Rentals, Subcontractors, Accessorial Services, Cranes, Specialty Equipment, Oversize Ramps, Heavy Machinery and/or Operator(s). A Change Order for Services need not be completed for any additional or accessorial services not included in any estimate by TME, or any Scope which was previously confirmed by Client.

1.11. Additional Services Rate. Should any Additional Services be requested less than Seven (7) full days prior to Move Date, the ‘Additional Services Rate’ will be in effect. ‘Additional Services Rate’ is $90 per hour per man. Client is hereby notified of ‘Additional Services Rate’ prior to the required three (7) day period, and Client agrees that the ‘Additional Services Rates’ may exceed the maximum rates from Maximum Rates 4 Tariff.

1.12. Flat Rate Moves. Charges for Flat Rate moves will be listed as Flat Rate and are Subject to any Change Order(s) for Services, additions, or modifications, as listed in 1.4. Modification.

1.13. Packing. Client may request TME perform packing services of goods as an add-on to the scope of Service.

1.13.1. Packing Materials Minimum Charge. If any ‘Packing’ charge has been issued by TME, the Packing charge

will be the Minimum Charge for Packing Materials only.

1.13.2. Packing Labor. Labor for Packing Services will be a separate and additional charge to the Packing Materials Minimum Charge.

1.13.3. Additions to the Packing Materials Minimum Charge. The Packing Materials Minimum Charge will be subject to any overages for actual materials used should the actual materials used exceed the materials listed as the Minimum Packing Charge.

1.13.4. Refusal by TME. TME may refuse packing Services of any items TME determines are unable to be packed safely. Furthermore, TME is not obligated to perform any packing that was not part of the Scope of Service listed with TME. TME must be given 14 days of notice in any change in Scope, so that TME may adequately prepare staff and other resources to complete the additional scope of packing. If Client changes the Scope from No Packing to Partial Packing, or Partial Packing to Full Packing, TME may refuse the change. TME may refuse to load or ship any unpacked items. Client will still be bound the Packing Materials Minimum Charge.

1.13.5. Failure of Client to Cancel Packing. Failure of Client to cancel Packing Services does not change the Packing Materials Minimum Charge owed to TME.

1.13.6. Not Included in The Packing Materials Minimum Charge. The Packing Materials Minimum Charge does not include sales tax, delivery, restocking fees, or charges for packing labor.

1.13.7. Hourly Packing Labor Rates.  The Hourly Packing Labor Rates will be the same rate per person per hour as any labor portion of the Scope of Service between Client and TME. Should no other labor agreement exist between Client and TME, the packing rate per person per hour will be $90, billed in 15-minute increments.

1.14. Minimum Weights and Mileage – For Long-Distance Moves Only (Moves over 100 miles). The distance of any Long-distance shipment is calculated using the Distance Tables 8. The Minimum Weight (in pounds) for TME to accept any Long-distance shipment will be variable per move and may be disclosed upon Client request. The charge per hundred pounds for any long-distance shipment Per Max 4 will be the maximum dollars per 100 pounds of goods to be shipped, minus $0.01.

1.15. Minimum Transportation Cost. The Minimum Transportation Charge for this Shipment is the Minimum Charge listed on the Confirmation Page.

1.16. Minimum Charge. The Minimum Charge that may be assessed for this shipment is the Minimum Charge listed on the Confirmation Page.

1.17. Maximum Charge. The Maximum Charge that may be assessed for this shipment / Not-To-Exceed Price is The Maximum Charge listed on the Confirmation Page, Subject to any Change Order(s) for Services, additions, or modifications, as listed in 1.4.: Modification. This does not apply to labor only or commercial moves – the highest price listed is the minimum charge agreed to.

1.18. Booking Through Third Party and Reserved Service. If Client has requested Service from TME through a third party, that pricing shall apply only to the Service, Persons, Minimums, Fees, and Number of hours originally reserved. All terms and conditions contained within this Agreement constitute the entire Agreement between the parties and will remain in full effect before, during, and after execution of the Reserved Service. Any additions, extensions, and/or changes, to the original booking that were not itemized or listed correctly, will be billed within the terms of this Agreement. If TME was booked at higher rates within the terms of the third party booking, and the Service exceeds the hourly booking or Services originally agreed upon through the third party service, TME will bill Client the higher of: (1)TME’s normal hourly rates, or (2) the hourly rates agreed upon by Client through the third party booking service. The entire terms of this Agreement will be in full effect and will act as the operating agreement for the entire Reserved Service, moving process, and any additions and/or modifications.

1..19. Additions to the Service. Any additions to the Service or Scope made by Client will incur additional charges. Any change or inaccuracy within the scope or inventory may be excluded by TME from the shipment. Furthermore, any additions or modifications to the scope, once realized by TME, may be billed for beyond any maximum or not to exceed charges which may have been previously issued or represented.

1.20. Calculations. All charges assessed will be based solely upon TME calculations. Calculations which may be compiled, represented, or provided by Client, will not be used when generating Final Cost for Services rendered, and/or amounts due. TME calculations will not be disputed. If Client wishes to file a claim requesting documentation regarding the Service, or if Client believes that calculations were compiled by TME in error, Client must submit an Overcharge Claim through the formal claims process. Client may only submit a formal claim after all charges assessed by TME have been collected and successfully processed, plus 5 (five) full business days.

1.21. Carrier Agreement. Carrier agrees to perform the stated Service at the stated rates.

 

2. Waivers and Policies.

2.1. NOTIFICATION: RISKS OF EXPOSURE: The Coronavirus (COVID-19) pandemic is a worldwide risk to human health. COVID-19 is highly contagious and has a mortality rate many times greater than the flu. COVID-19 can spread easily and exponentially. While people of all ages are at risk of catching COVID-19, persons especially at risk are those with compromised immune systems and the elderly. Persons over 65 years of age may be at particular risk.

2.1.1. ACKNOWLEGDEMENT. Using Carrier for estimates and Services includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While guidelines, rules, and personal discipline may reduce this risk, Client acknowledges that the risk of serious illness and death does exist.

2.1.2. Client Acceptance. Client knowingly and freely assumes all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence and/or fault of TME, or ‘Carrier.’

 

2.1.3 Assumption of Risk.  Client hereby knowingly assumes the risk of injury, harm, and/or loss associated with the Service, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of TME, or ‘Carrier.’

 

2.1.4. RELEASE AND WAIVER. CLIENT HEREBY RELEASES, WAIVES AND FOREVER DISCHARGES ANY AND ALL LIABILITY, CLAIMS, DAMAGES, AND/OR DEMANDS OF WHATEVER ANY KIND AND/OR NATURE AGAINST THE MOVING EXPERINCE, LLC D.B.A. THE MOVING EXPERIENCE AND ITS AFFILIATED PARTNERS AND/OR SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH CLIENT, AND CLIENT’S HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON CLIENT’S BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM CLIENT’S USE OF THE SERVICE.

 

2.1.5. MEDICAL ACKNOWLEDGMENT AND RELEASE. Client acknowledges the health risks associated with the Service, including but not limited to transient dizziness, lightheaded, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, and/or sudden death. Client agrees that if Client or agent(s) experience any of these or any other symptoms during the Service, they will discontinue participation immediately and seek appropriate medical attention. CLIENT DOES HEREBY RELEASE AND FOREVER DISCHARGE TME, OR ‘CARRIER,’ AND THE RELEASED PARTIES, FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH THE MOVING SERVICE.

2.1.6. AGREEMENT, DECLARATION AND ASSUMPTION OF RISK. By scheduling an in person estimate and/or booking a move, Client agrees to take all recommended and reasonable actions to protect themselves and others from exposure to COVID-19, and/or all other pathogens. Client assumes the risk of entering the Property, and/or allowing Carrier, and/or someone else, to enter the Property. Client understands and agrees that no one, including but not limited to estimators, staff, movers and/or moving companies, can guarantee that anyone will not be exposed to or contract COVID-19.

2.1.7.Release of Liability for Pandemics, Illnesses, Infections, Sickness, and/or Death. Client will hold harmless and indemnify in perpetuity The Moving Experience, LLC, d.b.a. The Moving Experience, its heirs, successors, assigns, officers, and/or employees, from any liabilities arising from the spread ofCOVID-19, and/or any other biological and/or chemical pathogens.

2.1.8. No Duty to Disclose.  Client agrees that Carrier has no duty to disclose if any of its employees, officers, heirs, successors, and/or contacts, has had or is currently having any medical symptom, in the past or present.

2.2. Moving Pads. If the Service described herein does not include use of TME trucks, the Client will be responsible for supplying enough moving pads to complete the Service or purchasing them from TME. If the Service includes loading a storage locker or container, the Client will be responsible for supplying enough moving pads to complete the Service or purchasing them from TME. If the Service includes any Client supplied equipment, the Client will be responsible for supplying enough moving pads to complete the Service or purchasing them from TME. If there are insufficient moving pads (at TME’s sole discretion) on Move Day to complete the Service safely and completely, TME is released from all liability upon arrival. Client therefore will release TME from any claims as Client has, against TME’s prior notice, not supplied sufficient moving pads to complete the Service safely and completely. TME recommends two (2) dozen pads for every five (5) feet of Container Space, although households or premises with many wooden items or specialty items may require additional moving pads. With proper notice, TME may bring high-quality moving pads to sell to Client.

2.3. Floor Protection. Client understands that premises involved in the Service may have flooring which requires special protection to avoid damage. If Client chooses not to provide protection, TME is released from any damages that may be caused to flooring during the move. TME may bring temporary floor protection to complete the Service. If TME brings temporary floor protection to complete the Service, Client understands that TME provided temporary floor protection may not protect against all possible damages and may leave sticky residue, dust, or other remnants. Client agrees to release TME from any liabilities or claims arising from any such result.

2.4. Container and Truck Size. Client will be responsible for securing proper equipment for the Service for any self-move, component move, sub-hauler move, commercial move, or storage container involved or utilized move. If TME will be loading, unloading, or utilizing any Client reserved equipment, trucks or containers, Client will be responsible for supplying equipment with the proper storage and weight capacity to complete the Service efficiently. If TME cannot get all of Client’s items into a single shipment, container, truck, or unit, TME will not be obligated to perform a second or subsequent trip for Client. TME is not responsible for the Client underestimating the space, truck size, capacity or equipment needed to complete the Service efficiently or completely. TME is not responsible for any rental agency(ies) failure to provide any reserved equipment as scheduled or promised. If Client originally booked TME for labor-only Service and a rental agency or Client fails to provide or make available any scheduled or reserved equipment to TME, this Agreement will become a Full-Service Moving Agreement subject to all terms, conditions, minimums and charges of a current drafted TME Full-Service Moving Agreement. A TME Full-Service Moving Agreement will be subject to all applicable minimum, rental, short-notice, and additional service(s) charges.

2.5. Client Providing Transportation of Items. If Client transports any items in connection with Service, Client will release and hold harmless in perpetuity TME from any damages, losses or claims arising from or caused in connection with the Service. TME does not offer any: valuation coverage, commercial auto, marine inland, specialty item handling, loading, and unloading or cargo insurance(s), for any goods being shipped by any party(ies) other than only TME. If valuation protection options are selected, they will not extend to any goods being handled or transported by Client, or any parties other than only TME. Client will be solely responsible for complying with all state and federal laws regarding operating safe, legal and properly maintained equipment. Prior to operation, Client agrees to weigh and have professionally inspected any equipment to ensure that the equipment is safe to operate.

2.6. Client Reserved and Overweight Equipment General Release of Liability. Client agrees to indemnify and hold harmless in perpetuity TME and its directors, employees, heirs, associates, owners, and affiliates from any: fees, fines, damages, malfunctions, liabilities, accidents, sureties, injuries, deaths, medical expenses, unusual wear and tear, violations, fires, electrocution, hazards, citations, losses or any other causes of action including any catastrophic loss or acts of God, due to the loading, driving or operation of any customer reserved, owned, subcontracted, leased or rented equipment. This will extend to include any Client provided equipment that is operated by TME staff. TME will not be required to balance or secure any load upon any equipment. Prior to operation, Client will ensure that any equipment reserved or operated is sufficient to complete the Service and is operated within the rated capacity, GVWR, or legal load limits of that equipment. Furthermore, it is Client’s responsibility to ensure that all property and equipment is secured upon or within any Client rented, operated, reserved or leased equipment, prior to any operation by Client, TME staff or by any third party. Client agrees to operate any equipment in a safe and prudent manner. If any insurance or coverages are desired by Client, Client agrees to get that coverage for the equipment or properties to be transported prior to TME arrival, through an insurance agent, additional third party insurer, or the rental or leasing agency supplying the equipment.

2.7. Inspection of Records. Client may request access to records of any hours worked, charges, fees, materials used, time spent by TME, purchases, or services rendered for Client. Client agrees to waive the two (2) day period for TME response and instead agrees to be granted access to such information within fifteen (20) working days from the date of request. Processing times may be extended due to holidays or other circumstances.

2.8. Short Notice Changes to the Service. If Client requests changes or additions to the Service on short notice (less than three (3) full days), TME will not be obligated to perform any such changes or additions. Any additional work will be billed at the Additional Services Rates, as a separate and/or additional minimum charge, and/or any higher rates outlined elsewhere within this Agreement or with a third-party booking service. Failure of Client to complete any packing, labeling, or other preparatory measures prior to TME arrival will not obligate TME to perform such services. Any unpacked or unlabeled items, unsealed boxes, or un-prepared furniture or items, may be excluded by TME, at TME’s sole discretion. Client waives any sureties associated with any Binding Charges if TME excludes any unprepared items, unsealed boxes, or refuses to perform any additional work.

2.9. Help by Client, Agent, or any Subcontractors Provided by Client.  Client has guaranteed that Client Agent(s)/helpers will be present to help TME perform the Service. At no time will Client or any of Client’s Agents be authorized to occupy, use, direct, or be around any TME owned or operated equipment. If Client or any of Client’s Agent(s) help any TME staff during the Service, Client agrees that all claims against TME of any nature will be completely invalid. Client will be responsible for all the following: injuries, damages, losses, claims and all other liabilities sustained if Client, Agent, or anyone provided by Client is helping TME provide the Service. At no time will TME be required to utilize any degree of help from Client or any of Client’s Agent(s), family members, friends, acquaintances, or contractors. Furthermore, TME will begin billing Client at the ‘Additional Services Rate’ for all time worked in connection with the Service anytime that Client or any of Client’s Agent(s) cause any inefficiency in TME providing the Service, at TME’s sole discretion. Client will hold harmless and indemnify in perpetuity The Moving Experience, LLC, against any and all claims of loss or damage, class action(s), injury(ies) or death taking place during or arising from the course of any Service involving help from Client or any of Client’s Agent(s). Should the agreed upon number of helpers guaranteed by Client not be present to help TME perform Service and/or keep TME from being efficient during the performance of the Service (at TME’s sole discretion), TME may do any of the following, in whole or in part and at TME’s sole discretion: (1) Waive any Not To Exceed Price or any Binding Price that has been issued for the Service, (2) bill Client at the Overtime Rates for all time worked in connection with the Service, (3) bill Client at the Additional Services Rate listed in 1.9., (4) charge Client a new Minimum Charge which is equal to the originally issued Not to Exceed Price plus 50%, (5) charge Client a new Minimum Charge which is equal to any originally issued Binding Price plus 50%, (6) exclude and refuse to move, transfer or ship any and all items, (7) declare  and immediately unload all items.

2.10. No Maximum Issued. TME offers in-home walk-through estimates with clients to establish a reasonable cost expectation for Service. However, due to circumstances reasonably out of TME’s control (such as short notice or great distances) it is not always possible to issue a Maximum price for Service prior to move date. In lieu of a Maximum Charge being issued the Agreed Upon Hourly Rates listed in this Agreement will be used to calculate the hourly labor charges in addition to all other charges. Issuance of this Agreement and Acceptance of its terms will act as an Estimated Cost of Moving Services being issued. In the case of a short notice move (Less Than 3 days), the maximum Rates from the Maximum Rates 4 Tariff will apply.

2.11. No Sureties or Performance Bonds. TME agrees to make a reasonable effort to begin the Service on the agreed upon Move Date but Client understands that moving is a complex endeavor that involves multiple variables and therefore TME does not guarantee any work being performed at any specific date, time, or in any amount or capacity, or to any degree of completion. Client will hold harmless and indemnify TME against any claims as a result of TME failing to perform work, failing to complete the work, or failure to begin work at any previously requested, arranged or agreed upon time. Client will not file any claim against TME for any surety(ies), performance bond(s), or for any failure of TME to begin, complete or provide the Service.

2.12. Unsafe Conditions. When an unsafe temporary condition for any of TME’s employee or independent contractor exists based on TME’s best reasonable judgment, Client agrees to allow TME to postpone or cancel the Service. Should TME and Client not be able to reach an agreed upon reschedule date, Client will forfeit any deposits and owe TME for any minimum charges.

2.13. Client Decided Budget, Client Decided Not to Exceed Price, and Client Calculated Moves. Client engages TME to perform the Service subject to the charges herein, up to a maximum total charge that has been decided or offered by Client. Client hereby waives all sureties or guaranties of performance or completion even if not previously stated. TME may exclude all items or work, or stop work, as TME deems necessary, to complete the Service within the Client Calculated budget. Client may request a price-match, competitive price, adjusted bid, acceptance by TME of a Client Calculated Price for the Service, or a reduced Not to Exceed Price from TME. Upon issuance of a
new and reduced Not to Exceed Price or competitive price, the Client agrees to the following:
(1) TME may exclude any items, participation or work that TME deems necessary or unnecessary at TME’s sole discretion, (2) Client will indemnify and hold TME harmless in perpetuity against any complaints, grievances, negativity, less than 100% positive referrals, reviews, comments, publications, posts, mentions, for any of the following: any disruptions, costs, consequences, and/or damages, however incidental, due to any/all of Client’s items not being moved, assembled, transported, or moved into any final position, (3) Client waives any sureties or guarantees of any Completion or any percentage of Completion which may have been associated with the original Not To Exceed Price, (4) Client understands that there may be remaining items that will need to be moved, assembled and or lifted after TME deems their part of the work order complete, (5) TME will not sacrifice any quality of service, safety, and/or methods, regardless of any requests made by Client in order to get more items moved and still meet the new and reduced Not To Exceed Price, (6) TME will determine which items will be or will not be loaded onto truck and/or moved and/or assembled (Client may request that TME ship certain items but TME makes no guarantees to honor any such request), (7) Client understands that TME will only be able to reasonably estimate drive time, traffic, parking situations and time needed for unloading, re-assembly, onsite moving and/or additional Client requests, and Client therefore agrees to help with any requests made by TME including a request to leave the original loading address, drive, and meet TME at any other service address in connection with the Service, even if all of the items that Client originally wanted moved are not on TME’s truck. Any additional items or services will incur additional charges above the Client Decided to Exceed Price.

2.14. Boxes will be Packed and Labeled. Client agrees that any Client packed boxes to be moved by TME must be well labeled (using TME intellectual property) and sealed closed prior to move day, or they may be refused by the TME. TME issues a labeling system and moving time-line checklist to Client prior to move day, and Client’s failure to utilize them may incur extra charges. The maximum number of boxes to be packed and/or moved by TME will be itemized on this Agreement or on the Carrier’s Basis for Estimated Cost of Moving Services.

2.15. Client Owned Vehicles and Client Requested Rides. TME is not licensed or insured to transport vehicles or persons and makes no claims to such. Furthermore, any time that Client requests any TME staff to drive a Client Owned or Supplied Vehicle, the Client will be responsible for any and all: insurance coverages, accidents, repairs, maintenance, roadside assistance, fuel, injuries, claims, fires, damages, property damage, causes of action, personal liabilities, liabilities or death arising from the operation of that vehicle. Any time that Client requests a ride from any TME staff member, the Client will hold harmless and indemnify in perpetuity TME and its owners, agents, members, employees, insurance, trusts, executors, from any and all liabilities, injuries, damages, deaths, medical expenses, any and all liabilities, from the performance of any such special request. TME will not request compensation for this special service and TME may refuse to perform any Client request(s) at TME’s sole discretion.

2.16. Minimums May Not Be Split. Minimum charges stated may not be split between days, subsequent service(s), or subsequent Service Date(s) performed for Client. Each time that TME (1) dedicates any TME resource, (2) schedules any single Service Date for Client, (3) turns down any other work to accommodate Client’s Service Date as originally scheduled, (4) performs any pickup, delivery, handling, storage, or performs any other task related to the Service including preparatory actions, a separate and independent work order has taken place, and a separate and additional minimum charge will be assessed.

2.17. Pre-Chargebacks and Chargebacks. Client waives their legal right to file a pre-chargeback, chargeback, and/or dispute with their card issuer and/or bank. Instead, Client agrees to follow the TME Claims process for Overcharge, if they wish to request paperwork and/or calculations regarding their move or Service or believe that any calculations or charges were assessed inaccurately or incorrectly. Should Client breach this covenant, TME will be entitled to recover an administrative fee of $500.00 from Client. In addition, to fight the chargeback or dispute, TME will be entitled to assess hourly charges for time spent responding to the dispute, which will be assessed at $250.00 per hour, with a minimum of 4 hours to be calculated.

2.18. Waiver of Credit Card Disputes, Chargebacks, Pre-Chargebacks, and Adherence to TME Claims Process for any Price Disputes. Client understands and agrees that payment will be charged for the move served under the Shipper name above, and Client will not file a credit card dispute for any reason including but not limited to any: price disputes, charge-backs, claims of loss or damage, etc. Client understand and agrees that Client will adhere to TME’s claims policies, fees, surcharges, and TME’s terms and conditions governing this move, to resolve all disputes, of any nature. Client agrees that Client will not file a credit card dispute for any reason including but not limited to, price disputes, claims of loss or damage, etc.

2.19. Closing. Client signing the Closing Form, Shipping Documents, and/or Bill of Lading, will indicate that TME’s trucks and/or any and all rentals are unloaded completely, that all items are in Client’s possession, in good condition, accounted for, and/or placed to Client’s satisfaction.

2.20. TME Closing out Bill of Lading. Due to unforeseeable circumstances such as: ‘Customer not Present,’ or ‘Client Unable to Pay’ upon Completion, TME may have to close out a Bill of Lading on behalf of Client. In the even that Client is unable or unwilling to pay or not present, Client represents that TME may close out the Bill of Lading on Client’s behalf. Client understands that Client is Waiving a legal right to contest or bring a claim against TME for any of the following: overcharge claims, chargebacks, damage claims, lack of performance claims, claims for loss, property damage claims, vehicle damage claims, personal injury claims, or any other type of liability. Furthermore, client waives their right to file a Claim with TME or any of TME’s insurers, for any reason.

2.21. CLIENT WAIVER OF 3-DAY-RIGHT-TO-CANCEL. READ THIS SECTION CAREFULLY – IT IS A WAIVER OF SPECIFIC LEGAL RIGHTS YOU MAY OTHERWISE HAVE AND BE ENTITLED TO. CLIENT HEREBY WAIVES 3-DAY-RIGHT-TO-CANCEL AND AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, IN ITS ENTIRETY. 

2.22. Failed and/or Negligent Repairs, Indemnification, and Hold Harmless Agreement. Client will indemnify and hold harmless The Moving Experience, LLC., d.b.a. The Moving Experience, in perpetuity, for any repairs to any Goods and/or Services. Repairs are offered as-is, and no guarantee is made to Client for any of the following: (1) structural integrity, and/or (2) ability to withstand any force, and/or (3) ability to withstand any wear, after the repair(s) have been completed.

2.23. Contractor Work Indemnification and Hold Harmless. Client will indemnify and hold harmless The Moving Experience, LLC, d.b.a. The Moving Experience, in perpetuity, for any damages caused by any contractor work that is performed by The Moving Experience, LLC, d.b.a. The Moving Experience. Client will indemnify and hold harmless The Moving Experience, LLC, d.b.a. The Moving Experience, in perpetuity, for any liabilities, and/or secondary liabilities, and/or secondary damages, caused by The Moving Experience, LLC, d.b.a. The Moving Experience, doing any contractor work. Client will indemnify and hold harmless The Moving experience, LLC, d.b.a. The Moving Experience, in perpetuity, for any work either directly, or indirectly including, but not limited to: any and all articles, work, scope, persons, or property, which are and/or can be connected to a house or building, including, but not limited to any: fixtures, drywall, electrical, plumbing, drywall, concrete, walls, insulation, roofing, flooring, windows and/or glass, insulation and acoustical, boiler, hot water gearing and steam fitting, framing and rough carpentry, cabinet, millworker and finish carpentry, low voltage systems, concrete, drywall, electrical, elevator, earthwork and paving, fencing, flooring and floor covering, fire protection, glazing, warm-air heating, ventilation and air conditioning (HVAC), building, moving, demolition, landscaping, lock and security equipment, ornamental metal, masonry, construction zone traffic
control, parking and highway improvement, painting and decorating, pipeline, lath and plastering, plumbing, refrigeration, roofing, sanitation systems, sheet metal, signs, solar, manufactured housing, reinforcing steel, structural steel, swimming pools, tile, water conditioning, well drilling, welding, awnings, drilling, blasting, oil field work, elevated floors, vaulted ceilings, synthetic products, hardware, locks, safes, machinery and pumps, doors, gates and activating devices, paperhanging, pile driving, pressure foundations, post-tensioned slabs, pole installation, prefabricated equipment, sand and water blasting, scaffolding, service station equipment and maintenance, siding and decking, non-electrical signs, tree service, suspended ceilings, window coverings, wood tanks, hydroseeds, air and water balancing, construction cleanup, weatherization, energy conservation, and/or any damage to any premises, property, and/or persons, either directly or indirectly harmed, and/or damaged,  as a result of such work being performed.

2.24. Blocked Roadways and Impediments. Client is responsible for any damages and/or liabilities caused by any TME equipment and/or personnel blocking any roadways and/or impeding any normal traffic.

 

3. Authorizations, Occupancy and Right to Access Premise and Deliver.

3.1. Client Presence. Client agrees to be present and/or have a representative over the age of eighteen (18) years old be present, at least thirty minutes prior to any requested or agreed meeting time with TME. Client agrees to be present during the entire course of the Service, and to be available by telephone throughout the entire course of the Service. Client agrees to not hold TME responsible for any: excluded items, escaped pets, windows left open, misoriented furniture, unassembled furniture, any lack of performance, any placement of any items, or other lack of performance, should Client or a representative fail to be present for any walk-through with TME, which may take place several times during the course of the Service, including: upon arrival, after load up, upon arrival to any subsequent location(s), and upon final delivery.

3.2. Right to Access Premise. Client represents that Client has lawful possession and legal right to use, move and access all locations and property being handled in connection with the Service. Client hereby grants TME access to any premises in connection with the Service. If Client is not present during the Service being rendered, Client authorizes TME to enter any: backyard, alley, walkway, doorway gate and/or window, should TME attempt to locate Client to begin the Service. Client will hold harmless and indemnify TME from any damages, claims, or additional charges due to TME trying to locate Client to begin the Service.

3.3. Unload at Destination and Delivery. Client gives TME permission and authority to unload into any destination driveway or area nearby should any delivery or additional pickup addresses be inaccessible. Should any driveway or other destination be blocked, encumbered or inaccessible, Client will indemnify and hold TME harmless in perpetuity from any claims of loss or damage whatsoever, and TME will be released from any coverages and/or valuation protection of any and all items upon delivery including: any damages, incidental damages, theft, loss, or damage due to weather or because of anything else. Any subsequent moving or labor performed to move any properties from any driveway or nearby area that TME has chosen to deliver the property to will act as an addition to the Service, and TME will charge Client in addition to the Not to Exceed Price or Binding Price previously agreed upon. TME will bill Client for any additional time at the Additional Services Rate.

3.4. Delay of Delivery. TME shall not be liable for any delay caused by (a) highway obstruction, (b) faulty or impassable highways, (c) lack of capacity of any highway, bridge, or ferry. TME is not bound to transport shipments by any particular schedule, route, means, vehicle or otherwise, other than within a reasonable dispatch time frame unless requested and paid for by the Client as provided in TME’s applicable tariff. TME reserves the right to forward the delivery of the shipment to any carrier or agent, or by any vehicle or vehicles, or by any route between the point of picking up the shipment and the point of destination upon proper notification to the Client.

3.5. Delivery to Storage. If for any reason other than the fault of TME, the delivery cannot be made at address shown on the face hereof, or at any previously agreed upon changed address, TME, at its discretion, may place the shipment in a storage facility or a warehouse of TME’s choosing at the point of delivery, at the cost of the Client and subject to a lien for all accrued charges. If, after the shipment has been placed in storage, the Client chooses to pay all balances due to the TME in addition to any redelivery fees as specified in TME’s current applicable agreement(s) or tariffs, TME may choose to deliver the shipment and collect all applicable charges at time of delivery or prior to attempting the second delivery; if the storage facility is located near the Client’s destination address as listed on the face hereof, TME may release the goods to the Client at the storage location in which the delivery was made only after all accrued charges have been paid in full.

3.6. Delivery Schedule. TME shall attempt delivery within a reasonable dispatch time frame as agreed on within the estimate for the Service. If TME is unable to perform the pickup or delivery of the shipment on the dates, or within the time originally specified, TME may attempt to notify the Client of the delay. Any delay in the pickup or delivery of the shipment will be compensated by Client to TME utilizing the federal per diem rates for the area of the shipment, at the time of the transportation of the shipment. Furthermore, Client will be responsible for compensation TME $1500 per day in time spent waiting for Client to accept delivery or furnish goods available for shipment.

 

4. Covenants and Representations during the Service.

4.1. Contractor Hired by Client. Client understands that any independent contractor hired by Client or Carrier will not be covered under any of TME’s insurance or coverages including but not limited to: worker’s compensation, general liability, cargo, commercial auto, marine inland, specialty item or loading and unloading insurance. Accordingly, Client assumes all liability to TME staff and Client goods, and/or premises while using TME for Service in connection with another Carrier, Contractor, Sub-hauler, Laborer, Service and/or Moving Company. Client further agrees to cover all independent contractors under an active worker’s compensation policy and to perform due diligence in making sure that that all independent contractors hired for the Service are in strict compliance with all applicable laws. Client further understands that such independent contractors are not TME’s employees and are not permitted to use any of the TME’s equipment.

4.2. Contractor Reserved by TME. As a courtesy TME may reserve a contractor or other service provider as part of performing the Service for Client. TME may reserve such a service without additional consent or notice to Client to perform the Service. Unless specifically stated in writing, Client agrees that any contractor or other service provider is working directly for Client and not a subcontractor or sub-hauler of TME. Furthermore, any damages caused by such Contractor or Service Provider will be covered and settled directly and entirely between Client and that Contractor or Service Provider. Client agrees that no claims may be brought against TME for any damages, losses, lack of performance, or negligence by any Contractor or Service Provider even if reserved by TME. Client will be responsible for making sure that Contractors or other Service Providers act in accordance with the terms and conditions set forth in this Agreement. Other service providers or contractors will have the same relationship with TME as the Client as outlined in 2.8. ‘Help by Client, Agent, or any Subcontractors Provided by Client. TME may bill client for Advanced Charges covering the work of the contractor and/or other Service Provider. Client will be responsible for all charges for any contractor and/or other service provider whether booked by TME or Client, and whether Client consented to any such charges.

4.3. TME Performing Service in Conjunction with Another Service Provider. If a move is completed in component parts or involves any additional service provider(s), helpers, staff, agents, Carriers, Sub-hauler, equipment or operators beyond solely TME staff performing the Service, TME is released from any and all liabilities. Any claims brought by Client against TME will be held to be invalid from a: component move, subcontracted move, self-move, and/or sub-hauled move. If Client wishes to insure or cover any part of a component move Client must do so with a third-party insurer, home-owners insurance, and/or other insurance coverage.

4.4. Completion.

4.4.1. Job Completion. Subject to TME’s sole discretion, the Service is considered complete when: (1) any TME personnel has deemed the Service complete, (2) all of TME’s items, tools, materials, equipment, vehicles, and all paperwork are accounted for, in TME’s possession, and organized to TME’s satisfaction, (3) all of TME’s employees and/or independent contractor(s) have filled out time cards and have been given a 30 minute after-work safety meeting, (4) all vehicle inspections, logbooks, and driver changes have been updated, (5) TME has been given adequate time to itemize all charges to the Client, (6) all rentals and equipment have been returned to owners, (7) Client has signed and dated the Bill of Lading, Closing Form and Credit Card Authorization Form, (8) the entire contract balance has been paid in full by the Client, and (9) the Client has acknowledged that all property is safe, in good condition and accounted for. TME may continue to bill client until the Service has been considered complete by TME. Completion and billing for the Service does not exempt Client from being billed for any provision of this Agreement, or miscalculations, later by TME.

4.4.2. Partial Completion. TME may deem their part of the Service to be Complete at any time. Furthermore, TME may deem a truck to be fully loaded any time, at TME’s sole discretion. Quotes are given as “Loaded Until Full.” Client is responsible for ensuring the correct number of trucks is being dispatched to perform the Service by TME. If the Service requires dispatch of any additional trucks or manpower to complete, Client will be billed for those additional resources in addition to any quote previously provided. TME is not obligated to make available any such equipment or manpower and makes no guarantees to be able to provide them. Billing for any additional manpower or movers will start and end at TME’s home office, and charges will be calculated, port-to-port, plus any and all hourly and/or overtime charges, per the number of movers, as outlined and agreed to within this agreement.

4.4.3. Soft Loads and Soft Packing. If Client packs boxes less than completely full (at TME’s discretion), which causes a unit of equipment to reach capacity, TME’s loading part of the job will be considered complete and Client releases TME from performing any subsequent loading of items related or other actions related to the Service. Additional required equipment will incur additional charges.

4.4.4. Loaded Until Full (LUF) or at the Estimated Cubic Footage. TME’s loading part of the Service will be deemed completed once TME reaches the estimated and confirmed cubic footage, which is based on information provided and subsequently verified by Client, prior to Client’s confirmation of Service. Additionally, TME may deem a truck full at any time, and the contracted Service will be deemed to have been fulfilled by TME in its entirety.

4.4.5. Number of Trucks. Once the number of trucks requested by Client, or dispatched by TME, reaches capacity, as determined solely by TME, the loading part of the Service will be deemed to be completed in full by TME. TME is not obligated to perform multiple trips. If Client requests any additional trips with TME equipment, the addition will be subject to the terms listed in 1.4. Modification.

4.5. Continuation and Subsequent Service. Should TME perform any Additional Service after Items not packed solely by TME will be exempt from claims with TME. Completion, TME may bill Client at the Additional Services Rate and enforce an additional Minimum Charge equal to the Minimum Charge specified within this Agreement and up to triple the Maximum Charge specified within this Agreement. TME will not be obligated to perform any such subsequent Service(s) or Additions. Any Subsequent Service provided by TME to Client will be subject to the entirety of the terms and conditions of this Agreement.

4.6. Master Agreement. If Client requests a repeat or subsequent Service, this Agreement will become the Master Agreement to cover all individual Service(s). Each individual Service Date including the original Service Date and any subsequent Service(s), will fall under the terms of this Master Agreement, is which all terms, waivers, covenants and/or representations, including all minimum charges and any anticipated costs, will be fully enforced and billable to Client and payable to TME.

4.7. Further Agreements Born out of The Performance of or Booking of this Service. Any additional or subsequent Service, or Services, performed for Client after the execution of this Agreement will act as a continuation and extension of this Agreement, and will be bound by the terms and conditions of this Agreement including any documents incorporated by reference. Any previously incomplete, unenforced, or inapplicable sections, or terms, in this Agreement will remain in full effect within, during, and after, the performance of any continued or subsequent Service, or Services. Any receipt of deposit, payment, or issuance of a Closing Form, will not relieve Client from the terms, conditions, obligations, waivers, and liabilities, set forth within this Agreement. Any subsequent service(s) will be billed at the same hourly rates and charges as the original service, subject to the same minimum and maximum charges, unless otherwise noted.

4.8. Refusal.  TME may, at its sole discretion, refuse to perform Service in whole or in part. Confirmation by Client, Issuance of an Estimated Cost of Moving Services by TME, or any other communication or guarantee, will not act as a guarantee of any work to be performed by TME. Furthermore, any deposits that Client puts on file with TME will not act as a guarantee or surety of any work to be performed, or amount of work to be performed.

4.9. Closing Waivers. READ THIS SECTION CAREFULLY, THIS IS A WAIVER OF SPECIFIC LEGAL REMEDIES. Client has inspected all goods and premises, including but not limited to elevators, floors, and stairwells. There are no damages except as noted. The cab and the back of the truck are empty, and the job is complete.

4.9.1 Closing Authority and Authorization.  Client/Buyer/Shipper/Agent/Designated Representative agrees that they have the full authority to close out this agreement with The Moving Experience, LLC (TME). Client furthermore agree to be bound and governed by all terms, conditions, and charges as outlined in a current drafted (at the time of this singing) TME Full-Service Moving Agreement, even if not previously signed. I have been made aware of all charges listed including any: surcharges, change order for services, advanced charges, deposits, forfeitures, and charges for accessorial services or any additions to my work order.

4.9.2. Closing Balance. Client understands that Client is jointly or severally responsible for the payment of the full balance of this move and any remaining or future charges calculated by TME. Any remaining charges may be billed to me using my card information on file with TME at any time or in any other manner that TME desires, and collection of any payment does not release Client from any remaining balances owed, as calculated by TME. Client agrees that all services were performed satisfactorily, unless otherwise noted.

4.9.3. Closing Walkthrough with TME. Client has conducted a thorough walk-through with TME staff and have had sufficient time to inspect all premises for damages and satisfactory placement of all items on all premises. Client accepts this shipment in full including all items, component parts, and any hardware. All items have been unloaded, placed, and assembled to my full satisfaction.

4.10. On the Clock Until Paid. TME may continue to assess charges to Client until Payment has been made in full by Client and all required signatures have been collected. If TME is unable to collect payment for any remaining balance(s) from Client, and close out the Bill of Lading, timestamps and signatures may be completed by TME. All payments, surcharges, and balances owed to TME remain unchanged.

5. Billing

5.1. Non-Refundable Reservation Fee, Booking Deposit, Progress Payments. Client agrees to place on file the following non-refundable payments: Reservation Fee (due at initial Confirmation), Booking Deposit (due a minimum of seven (7) Full Business Days prior to the first of the following: (1) any pre-move delivery or meeting, (2) Any scheduled Service Date, and/or (3) any Move Date., Progress Payments (due immediately upon any invoicing by TME).

5.2. Credit Card on File. Client agrees to leave a credit card on file with TME and authorizes TME to charge the credit card for all charges and any charges in the event of additional services, rentals, materials, purchases, late payment, non-payment, or incurring of any unexpected cost for TME.

5.3. Minimum Required Deposits. 

1. Labor-Only Moves and Loading/Unloading Help: The reservation fee required for booking, plus the Minimum Charge, multiplied by the number of days anticipated, plus any Additions, plus any invoices sent by TME, all due to be paid in their entirety 7 (seven) Full Business Days prior to the first pre-move delivery, or Move Date.
2. Full-Service Moves (Use of TME Trucks): The reservation fee required for booking, plus the Minimum Charge, multiplied by the number of days anticipated, plus any Additions, plus any invoices sent by TME, all due to be paid in their entirety 7 (seven) Full Business Days prior to the first pre-move delivery, or Move Date.
3. Commercial Moves: The reservation fee required for booking, plus the Minimum Charge, multiplied by the number of days anticipated, plus any Additions, plus any invoices sent by TME, all due to be paid in their entirety 7 (seven) Full Business Days prior to the first pre-move delivery, or Move Date.
4. Local Moves Outside of Service Area (within twenty-five (25) miles of San Luis Obispo): The reservation fee required for booking, plus the Minimum Charge, multiplied by the number of days anticipated, plus any Additions, plus any invoices sent by TME, all due to be paid in their entirety 7 (seven) Full Business Days prior to the first pre-move delivery, or Move Date.
5. Flat Rate Moves: The reservation fee required for booking, plus the Minimum Charge, multiplied by the number of days anticipated, plus any Additions, plus any invoices sent by TME, all due to be paid in their entirety 7 (seven) Full Business Days prior to the first pre-move delivery, or Move Date.
6. Interstate Moves: 20% of the total estimated or revised written estimated cost of Services, plus the reservation fee required for booking, plus the Minimum Charge, multiplied by the number of days anticipated, plus any Additions, plus any invoices sent by TME, all due to be paid in their entirety 7 (seven) Full Business Days prior to the first pre-move delivery, or Move Date.

5.4. Deposits Credited. All Reservation Fees, Booking Deposits, and Progress Payments collected, will be credited toward the final balance of the Service, if the Service is completed as originally scheduled with no changes, caveats, additions and/or alterations.

5.5. Billing Begins – Commencement. Billing begins before Move Date, when TME: issues any estimates, initiates any part of the Service including preparatory work or departing TME’s facility, or turns down any other work for the same date and time.

5.6. Scope of Billing. Client agrees to pay TME for: (1) Hourly labor from any TME employee or independent contractor hired by TME spent for the Service, (2) Overtime wage for any TME employee or independent contractor hired by TME for the Service, (3) Reasonable break for any TME employee or independent contractor hired by TME for the Service, (4) Time and expense spent on any transportation specific to the Service, (5) Meals, lodging, or other per diem incurred by any TME employee or independent contractor hired by TME for the Service, (6) Time and expense spent gathering and storing supplies specific to the Service, (7) Time and expense spent communicating, negotiating, planning, amending or reviewing for the Service, and (8) Any reasonable expense incurred by TME for providing the Service caused by unforeseen circumstances.

5.7. Default Weight and Mileage. If client fails to provide the traveling distance of the service and the number of items to be moved, Client agrees to allow TME to enter a default mileage of 800 miles and a default total minimum weight of 35,000 pounds. Client will be billed at the current maximum outlined in the Maximum Rate 4 Tariff or TME interstate Tariff. If the shipment is calculated by cubic footage, the default cubic footage will be 10500 cubic feet.

5.8. Estimate. TME does not guarantee any final price for the Service unless it has provided Client with an estimate in writing on TME’s letterhead and signed by TME’s proprietor and the Client thirty days prior to the Pickup of the Service or earlier. Client agrees to pay TME an additional $500.00 for providing such estimate. TME may choose to waive this fee in whole or in part at TME’s sole discretion. Binding Estimate Booking Fee is $500.00.

5.9. Hourly Overtime and Hourly Double-Overtime Labor Wages. Client agrees to pay for every TME personnel at overtime rate or double-time rate when at least one TME personnel is required by law to be paid at such rate(s). Overtime will be billed as one-and-a-half times the normal hourly rate. Double-time will be billed at double the normal hourly rate.

5.9.1. Overtime Assessed Prior to 8 (Eight) Hours and Double Overtime Assessed Prior to 12 (Twelve) Hours into Performance of the Service. Due to drive time between TME’s offices and Client’s locations, overtime may be assessed and billed to Client for work earlier than 8 hours spent performing any service(s) for Client. Client understands and agrees that overtime could be assessed earlier on than eight hours into the rendering of the Service and double-time may begin being assessed earlier on than twelve hours into the rendering of the Service. Client understands that such scenario is much more likely when TME has less than seven calendar days to prepare for the Service. Overtime/double-time may be charged by TME if TME’s employees incur more work following the Completion of the Service. Calculation of charges for projected overtime will be at TME’s sole discretion.

5.10. Independent Contractors. TME may hire independent contractors without any written or verbal consent or notice from Client. Client agrees to pay for any deposit or charge for any such additional service. Client will not hold TME responsible for any damages caused by or arising from use of any such Independent Contractors.

5.11. Special Charge for Fine or Citation. In the event that TME incurs any fine(s) or citation(s) due to any request the Client or while performing the Service, either as requested by Client or done at TME’s discretion, the Client agrees to pay TME for the entirety of the fine or citation and additional ten percent (10%) premium of the amount of any fine(s) or citation(s). This will include any cost(s) incurred by the TME later due to such fine(s) or situation(s).

5.12. Special Transportation Rate. Transportation rates for any item over the highways shall be double the agreed upon hourly rates multiplied by the number of movers currently working in connection with the Service, as promulgated by the California Public Utilities Commission for local hourly moves (under 100 miles). Double Drive Time will be calculated by: the agreed upon hourly rate(s) multiplied by the number of movers currently working, multiplied by the total drive time for the first vehicle and trip(s), even if separate vehicles or trips are taken and even if those vehicles or workers leave at different times during the Service. Transportation Cost for Long-Distance Moves (over 100 miles) shall be based on the weight/distance schedule per the California Public Utilities commission Maximum Rate 4 Tariff, Distance Tables 8, and any minimums outlined within this Agreement or within any estimate. For Interstate moves the FMCSA/USDOT Regulations and Current TME Interstate Tariff shall apply.

5.13. Not to Exceed Price. Client Waives issuance of a Not To Exceed Price for labor-only services, web booked services, specialty item moves, commercial services, standalone purchases, deliveries, additions, or any services organized entirely through telephone and/or by electronic means. TME agrees to not charge Client for any sum over the Not to Exceed Price that has been issued plus any Change Order For Services which has been executed, plus any materials, sales tax, fees, rentals, standalone purchases, rentals and/or deliveries which may be above the Not To Exceed Price.

5.14. Lost Opportunity. Lost opportunity shall be calculated as: (1) total of average income on similar size job per TME’s sole discretion, or (2) 75% of an average income for a large sized job for a full day including seven employees working nine (9) hours at the agreed upon hourly rate. These calculations include all fees, materials costs, travel charges, accessorial fees, and any other fees as determined by TME.

5.15. Payment for Services / Indemnity of Damage.(a) The Client, upon relinquishing the shipment to TME, and the consignee, upon acceptance of delivery of shipment from TME, shall be liable, jointly and severally, for all unpaid charges payable on account of Service in  accordance with the terms and conditions of this agreement including, but not limited to, sums advanced or disbursed by a carrier on account of such shipment. The extension of credit to either Client or consignee for such unpaid charges shall not thereby 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.

5.16. Billing for Additions to Scope. Client agrees that any work performed beyond the scope of project as originally outlined may be automatically billed for above and beyond any: Not to Exceed, Binding, or Maximum Price, which was previously issued for that scope, at TME’s sole discretion. Client’s signature on the confirmation page will act as approval of all charges to be collected for any charges owed and any cancellations, additions, minimums, or changes that I have made. Payment is due immediately upon any request by TME, or financing charges, non-payment fees, and applicable interest will be calculated and billed in addition to the contract balance.

5.17. Payment Due at Destination, prior to Unloading. Client chooses to pay the entire balance due for the Service in full — at destination. Client Confirmation signifies Client’s complete understanding and full agreement with all terms, any charges owed, remaining balances, standalone purchases, change order(s) for service, or any additional services or goods rendered.

5.18. Forfeited Collections of Funds not to be used in refund calculations. The following types of charges are non-refundable and will be excluded for calculations of any refunds TME may owe Client: (1) All credit card surcharges and/or processing fees, (2) any sales tax, (3) any merchant fees, (4) any bank fees, (5) any other fees incurred by TME as a result either directly or indirectly by engaging client or organizing resources on Client’s behalf.

5.19. Late Notice Fee. Any move which has been confirmed less than fourteen (14) full business days, excluding weekends, holidays, religious holidays, and days that TME is closed, prior to the Service Date, will be subject to a $750.00 Late Notice Fee.

 

6. Accessorial Services.

6.1. Billing for Additional Equipment and Manpower. Client agrees to pay for the following Accessorial Services, in addition to all other charges and assessed solely at TME’s discretion without any additional written or verbal notice to Client and/or written or oral consent from Client.

6.2. Flights. Flights including stairs, steps, or any other tiered inclines, billed at $75.00 per occurrence.

6.3. Over-pack. Any individual shipping container that is loaded beyond its capacity as determined by TME, billed at $1.25 per occurrence.

6.4. Long-Carry. A distance over thirty (30) to where any ramp and/or any lift gate of any vehicle being loaded and/or unloaded as part of the Work Order, to any acceptable opening as determined solely by TME to where any item(s) are being loaded and/or unloaded from, billed at $75.00 per occurrence.

6.5. Interference. Interference by the Client, any pet owned by the Client, or individuals associated with the Client, to TME while any of its employees are providing the Service, billed at $150.00 per occurrence at TME discretion.

6.6. Distraction and Direction. Any time the Client or an individual associated with the Client offers any advice or supervision whatsoever to TME on how to perform the Service (at TME’s sole discretion), billed at $250 per occurrence. Any time the Client or an individual associated with the Client interrupts TME staff or management, (at TME’s sole discretion), billed at $250 per occurrence.

6.7. Defeat any lock. Any time TME assists Client in defeating any lock, billed at $75.00 per lock. Client agrees to provide TME with physical written evidence of the following before TME may defeat any lock on behalf of Client (1) proof of legal Client ownership of the lock and any goods to be accessed, (2) legal access to the property upon which the lock will be defeated upon, (3) legal Client access to the goods being accessed. Client will be required to provide all tool necessary to overcome or defeat any lock on Client’s behalf. Client will hold harmless and indemnify in perpetuity TME from any liability arising from TME assisting Client in accessing any goods on behalf of Client or in connection with any work order or Service. Client assumes all liability including any third-party liability arising out of TME performing such a request for Client.

6.8. Specialty Items. Specialty Items are Any items that take special equipment or expertise to move safely, or any items that go above and beyond the scope of normal moving of household goods such as dressers and boxes. Extra Charges for Specialty Items will be determined by TME depending on complexity, equipment used, time spent, liability incurred, subject to TME’s sole discretion.

6.9. Truck Use Fee for Shuttling TME Properties or Equipment. Any time TME deems it reasonably necessary to bring or use any commercial or specialty equipment to perform the work order, including using any moving or pickup truck solely for transporting TME goods or equipment in connection with the Service, an additional fee, as determined solely by TME, will be assessed.

6.10. Truck Waiting Loaded/Overnight Storage Fee. Any time any TME owned/leased/operated/contracted equipment becomes capitalized in connection with work order outside of billable labor hours, a fee of $1500 per unit of equipment will be charged daily. Charges will be calculated as: the beginning of execution of the work order and rounding up to the next 24-hour period. For example, if the work order begins at 9AM on day one (1), at 9:15AM on day two (2) a separate and second fee will be assessed.

6.11. Legal Documents. TME may on occasion, produce a document on TME Company Letterhead at the request of Client, outlining situations observed or seen. The cost for this service will be $750.00. Should a subpoena be issued for TME in response to such a document, client agrees that he/she will compensate TME at $800.00 per day for time spent in response, appearance or legal hearing.

6.12. Any Other Charges. Any Other Charge permitted by the Maximum Rate Tariff 4 promulgated by the California Public Utilities Commission, which will be billed to the maximum amount allowed.

6.13. Rentals and Use on the Job. Client agrees to the following use charges to be assessed at TME discretion should TME deem the item necessary to complete the Service: Hovercraft billed at $75.00 per use, Floor Runners billed at $27.50 per address, Trash Removal (White Glove Service) Billed at $500 per job, Ram Board floor protection billed at $75.00 per address, TME Concierge Service billed at $550 per Service, Over-sized Ramp delivery or use billed at $400.00 per job, pickup truck used for tools billed at $300.00 per job.

6.14. Materials and Consumables. TME will bill client for materials and any applicable sales or use tax based on current TME materials pricing sheet. Client agrees that any pre-move deliveries, drop-offs or standalone purchases of materials and consumables which have not been specifically outlined within this Agreement or any issued Estimates, will be billed as a standalone purchase and in addition to any Not to Exceed Price which has been issued by TME. Furthermore, client agrees to pay for all goods and services rendered either in component parts or in their entirety as a single payment, upon Completion or as requested at any time by any TME staff. Any items or packs of items which have been partially used, opened, or are no longer like-new based solely on TME’s discretion, will be billed as an entire pack or item.

6.15. Delivery and Restocking Fee. Unless otherwise agreed to in writing prior to delivery, TME will bill client $250.00 for each pre-move drop-off or post-move pickup of any equipment or materials. Additionally, a re-stocking fee equal to 35% of the sale price will be assessed for any materials or equipment that TME collects from Client during or after the Service. TME will bill client for any materials that are not like-new, including any open sets or packs of materials, subject to the current TME materials pricing sheet.

6.16. Binding Estimate Booking Fee. TME will charge client a Binding Estimate Booking Fee, or “Flat Rate Fee,’ of $700.00

6.17. Guaranteed Delivery Date. TME does not guarantee any specific delivery dates unless agreed upon in writing with Client. If a Guaranteed Delivery Date has been arranged, TME will assess a fee of $500.00 for such a Guaranteed Delivery Date. TME will make reasonable accommodations to meet such a Guaranteed Delivery Date. If a Guaranteed Delivery Date is not met by TME, TME will not charge client for such an arrangement. Client releases TME from any damages or sureties arriving out of any such failure to meet the Guaranteed Delivery Date.

6.18. Failure to Utilize Labeling Keys, Moving Checklists, TME Recommendations and Consumer Timelines. TME makes every effort to ensure that Clients are well prepared for TME arrival by use of checklists, labeling keys, timelines and other TME owned intellectual property. TME may bill Client an additional $200.00 for failure to utilize any TME provided system, or failure of Client to notify TME of Client’s failure to utilize any TME system, at least 7 days prior to Service Date.

6.19. Additional Services and Standalone Purchases. Additional charges will be assessed for any standalone services, deliveries, preparatory time spent, rentals and/or purchases, such as materials or packing labor which are not covered in this agreement or within the scope of any estimates which have been issued. These additional services, rentals, deliveries or purchases (Subject to the Additional Services Rate listed in 1.9. and all applicable taxes and fees) will count as a separate Agreement for the services, rentals or purchases rendered, which will be bound by the terms and conditions of this Agreement including any minimum charges. Furthermore, Client engages TME to perform these Additional Services, rent or sell to client and bill client accordingly for a separate and additional cost above any Not To Exceed Price that has been issued, even if such services are performed concurrently or in conjunction with the services, rentals or purchases listed within this Agreement or within any estimates issued. No Change Order for Services (Listed in 1.2. Modification) will need to be issued for any Standalone Purchases or for any Additional Services requested by Client.

6.20. Client Promises. If Client is offered a discount or any Services or tangible property including boxes or any temporary storage pads in exchange for a promise of any future subsequent booking with TME and Client does not reengage TME for a period of ninety (90) days, TME may bill Client for the entire original Service performed plus any additional time required to pick up any tangible property lent to Client. If TME extended Client any discounts with reliance upon Client for a future booking and Client does not reengage TME for a period of ninety (90) days, all discounts will become forfeited and payable to TME immediately. TME may bill client with any credit card on file or by invoice, which will be payable upon receipt and subject to the highest interest rate currently allowed by law at the time of billing.

6.21. Continuance of Agreement After Completion. TME will bill Client for any additional work or Service performed after payment and Completion subject to all charges as a continuation of this Agreement. This can include additional calls for service or subsequent bookings which will be bound by the terms and conditions of this Agreement. Any subsequent booking with TME will be bound by the terms and conditions of this Agreement and this Agreement will act as a Master or Repeating Agreement for that Additional Service.

6.22. Other Accessorial Services and Advanced Charges. Additional Services that TME may deem necessary to complete the Services may be rendered or reserved by TME without notice and at the expense of Client. This can include renting a storage locker if TME is unable to deliver shipment, subcontracting a crane service, hiring other service providers to complete the Service, etc.

6.23. Subcontractor Organization. TME may, but is not required to, organize a subcontracting service such as but not limited to any: heavy equipment and/or operator(s), to perform the Service in conjunction with TME. TME makes no guarantees, sureties of performance, punctuality, or completion on behalf of subcontractors. Client will still owe TME all agreed charges subject to the minimums and maximums as outlined within this agreement, even if subcontracting parties do not fulfill their service to Client or TME. TME has no liability whatsoever on behalf of any subcontracting service that TME has organized on Client’s behalf. Furthermore, it is Client’s responsibility to verify current insurance with any subcontractor service, even if organized by TME. Client assumes all liability for any such subcontractor, even if subcontractor was organized by TME. If TME hires such a subcontractor without notifying Client, Client will still be responsible for any claims or damages arising out of the performance of nonperformance of any such subcontractor or other Service Provider. Client will be solely responsible for payment of the subcontracted service in full, regardless of completion, performance and/or non-performance of any subcontractor. If, at TME’s discretion, TME chooses to collect payment on behalf of the subcontractor service, TME will collect at additional 75% of the total subcontractor cost as a processing fee for the organization and convenience being provided to Client for such organization of any subcontractor or additional Service Provider. TME offers no sureties or guarantees of performance of any such subcontractor or other Service Provider.

 

7. Liabilities.

7.1. RELEASE AND WAIVER. CLIENT HEREBY RELEASES, WAIVES AND FOREVER DISCHARGES ANY AND ALL LIABILITY, CLAIMS, DAMAGES, AND/OR DEMANDS OF WHATEVER ANY KIND AND/OR NATURE AGAINST THE MOVING EXPERINCE, LLC D.B.A. THE MOVING EXPERIENCE AND ITS AFFILIATED PARTNERS AND/OR SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH CLIENT, AND CLIENT’S HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON CLIENT’S BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM CLIENT’S USE OF THE SERVICE.

7.2. Release of Liabilities related to Service. Client understands that a moving service is a complex undertaking, and accidents could occur despite TME’s best effort; as such the Client agrees to release TME from every claim, demand, action or right of action of all nature, either in law or in equity, for any bodily or personal injury, death, blemishing/dirtying of any property, or property damage resulting from rendering of the Service. This release also includes, but is not limited to, any liability associated with first aid, medical treatment, or services rendered by TME during the Service. Client further agrees to release TME from any delay or damages caused by any condition outside of TME’s control.

7.3. Release of Liabilities due to Failure to Pay. In the event that full payment is not tendered immediately when requested by TME, Client agrees to release TME from any liability arising out of storing or returning any items belonging to Client, and/or any third party(ies), and/or any premises. Client will not file a claim without having paid TME in full for all outstanding charges or balances owed as calculated by TME, plus an additional 10 (ten) full business days.

7.4. Insuring Items Being Transported or Handled. If Client wants to protect items while in transport or being handled by another Carrier, Operator, Contractor or other Service Provider, Client must do so by retaining coverage with a that Contractor, Service Provider or Truck Rental Agency, or with a third party insurer. TME will not offer coverage and does not represent to carry any insurance or protection for goods under while under the care, custody, or control of anyone other than TME employees and only while the goods are in TME trucks. Items not packed solely by TME will be exempt from claims with TME.

7.5. No Watchman. Client agrees to not hold TME responsible for hiring a watchman to safeguard any item being moved, parked overnight, while the item is in storage, or otherwise not actively being moved.

7.6. Storing Property for Client. TME does not operate a storage service and makes no representations as such. If, by special request of Client, TME stores any property for Client, Client will hold harmless and indemnify TME in perpetuity from any claims of loss or damage as a result of storing property for Client. Any claims for loss or damage will be invalid if the property was stored by TME at any time during the Service. If TME performs storage of any items, the inventory submitted by Client before the move will be used as a descriptive inventory of all items which TME has taken possession of. Unless noted otherwise, the condition of all items will be agreed as follows: chipped, scratched, fair.

7.7. Third Party Claims. Client agrees to release TME from any third-party claim arising out of the Service due to Client’s own negligent or intentional conduct, and Client further agrees to indemnify TME against such action from a third party. Client agrees to further indemnify TME against any damage or injury discovered or sustained by subsequent parties hired by Client currently or in the future in perpetuity.

7.8. Cleaning. TME will not be liable for damage to or cleaning necessitated by but not limited to: dirty carpets, household goods, flooring, tire marks left in driveways, sprinklers, fixtures, lighting, glass, plumbing, electrical, drywall, flooring, and other incidental damages due to service being rendered.

7.9. Repairs. TME will not be liable for repairing any incidental damages due to service being rendered. TME will not be liable for any damages incurred while performing repairs, even when repairs were not requested by Client.

7.10. Inclement Weather. Client will be responsible for any damages to any equipment, property and/or persons, including any equipment cleaning or repairs if the equipment was damaged or destroyed while performing the Service for Client and due to any inclement weather. Client agrees and understands that TME may at its sole discretion, refuse Service due to any inclement weather. Furthermore, if TME performs service during any such weather TME will not be responsible for protection of items or premises from damages arising out of working within or around any inclement weather.

 

8. Consumer Protection (This section does no apply to moves which are not covered in the Maximum Rate 4 Tariff).

8.1. Important Information For People Moving Household Goods Within California Booklet: In accordance with the rules of the Department of Consumer Affairs Bureau of Households Goods and Services, before you move, the Carrier (Moving Company/TME) is required to ensure you (the Client/Shipper) have been given the booklet: Important Information for Persons Moving Household Goods Within California. You may choose not to receive a booklet from this carrier if you have previously received one from another source. You are entitled to payment of $100 from your Carrier if your Carrier fails to ensure that you have received the booklet before starting your move. TME can give this booklet to Clients in person and in electronic form. The booklet is attached as an addendum to this Agreement.

8.2. Timely Issuance of Agreement for Moving Services. The DCA BHGS requires that an “Agreement for Moving Services” be issued to you by the Carrier three days or more in advance of the move.

8.2.1. Exception. An exception to this requirement is where the arrangement to move occurs on short notice, less than 3 days. You may also choose to waive this requirement entirely at any time prior to the move. Client has chosen to waive this requirement.

8.3. Rate above Maximum. No rates higher than the Maximum Fixed Rates promulgated in the California Department of Consumer Affairs Bureau of Households Goods and Services Maximum Rate Tariff 4 may be quoted or charged, unless an Estimated Cost of Services has been issued three (3) days or more before the day of the move.

8.4. Max Tariff 4 Available. Copies of the California Department of Consumer Affairs Bureau of Households Goods and Services Maximum Rate Tariff 4 are open for public inspection at the Bureau’s Offices located at 4244 South Marker Court, Suite D, Sacramento, CA, 95834, and at the Carrier’s office located at 141 Suburban Road, Suite D1, in San Luis Obispo, CA, 93405.

8.5. No Exemption. EXECUTION OF THE AGREEMENT DOES NOT EXEMPT CARRIER FROM COMPLIANCE WITH ANY PROVISION OF LAW OR CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS BUREAU OF HOUSEHOLDS GOODS AND SERVICES RULES OR REGULATIONS, EVEN THOUGH NOT EXPRESSLY SET FORTH IN THE AGREEMENT.

 

9. Claims and Coverage for Loss or Damage.

9.1. Damage to Furniture or Goods within a Shipment.

9.1.1. Valuation Declaration. Notice: Coverage for loss and damage is limited to the declared value of all items up to the amount of $10,000.00 unless Client has declared another value to TME in writing at least seven days prior to Move Date. Charges for additional coverages are outlined in ‘Coverage Levels.’

9.1.2. Coverage Levels. As explained in the “Important Information” Booklet, there are options available to cover loss or damage to your goods. These options are:

9.1.3. No Coverage. No coverage is provided for: labor-only moves, component moves (multiple movers, contractors, labor, sub-haulers, subcontractors), self-moves involving independent labor and driving services, or any commercial moves.

9.1.4. Sixty (60) Cents per pound per article – Sixty (60) Cents per-pound per article. This option provides for recovery of lost/damaged item(s), based on $0.60 cents per pound, times the weight of the item. This coverage is provided to you at no additional charge for full-service local and long-distance household goods moves, and $1.00 per $100 in Declared Value of any specialty items. Weight will be estimated by TME.

9.1.5. Actual Cash Value – Actual Cash Value. This option provides for recovery for lost/damaged item(s), based on current replacement value at the time of loss or damage, up to the total dollar amount declared by client. Actual cash value takes into account replacement value with a like or similar item, and the condition and depreciation of the item(s) at the time of loss or damage, based on TME’s assessment. Charges for this coverage will be calculated at $0.82 per $100 in Declared Value of standard household goods and personal effects, and $4.00 per $100 in Declared Value of any specialty items or equipment.

9.1.6. Full Replacement Value – Full Replacement Value. This option provides for recovery for lost or damaged items based on current value at the time of loss or damage, up to the total dollar amount declared by client. Charges for this coverage will be calculated at $1.75 per $100 in Declared Value of standard household goods and personal effects, and $7.00 per $100 in Declared Value of any specialty items or equipment.

9.1.7. Deductibles. Actual Cash Value and Full Value Protection Coverages will be subject to a $1500.00 deductible.

9.2. Exemptions From Coverage.

9.2.1. Exemptions: Any Claims Filed later than and/or beyond Ninety (90) Consecutive Days from Commencement. Any claims filed outside of the required ninety (90) day period will be held to be invalid. The ninety (90) day period begins at initial pickup of properties and the claim filed date is the date that the claim is received by TME, in writing and via certified mail, at TME’s home office located at 141 Suburban Road Suite D1 San Luis Obispo, CA 93405.

9.2.2. Exemptions: Concealed Damage. Discovery of Concealed Damage beyond the ninety (90) day period will not act as a waiver to the required ninety (90) day maximum period for filing a claim for loss or damage.

9.2.3. Exemptions: Any Claims where charges are owed. No claims will be honored where Client has taken out any credit with TME, if Client is on a payment plan with TME, or any outstanding balance is owed to TME (as determined by TME). All payments must be resolved and cleared plus 5 business days for processing, prior to filing any claim with TME.

9.2.4. Exemptions: All Claims must be made in writing. All claims must be made in writing and sent certified mail to TME’s home office located at 141 Suburban Road Suite D1 San Luis Obispo, CA 93405.

9.2.5. Exemptions: Any Claims must have Before and After Service Photos.  No claims will be valid unless Client has taken before and after photos of any properties in which Client wishes to execute a claim for loss or damage.

9.2.6. Exemptions: Timely Photos of Claims and Timestamps. Before photos must be taken no more than thirty-six (36) hours before the Service begins, and any after Service photos of damages must be taken within twenty-four (24) hours of delivery. No photos will be valid and accepted to support a claim unless they are within the specified timelines and digitally timestamped to indicate weekday, calendar date including time and year, and the timestamp is clearly visible.

9.2.7. Exemptions: Sub-haulers and Self-Moves. No claims will be made against TME for any damages or losses of any kind for a move or Service where TME is not the exclusive provider of all: labor, equipment, materials, and transportation during the entire Service. If Client provides extra help, equipment, drivers, trucks, additional labor, tools, direction to TME staff, contractors, independent contractors, sub-haulers, other Carriers, other Companies, supervision or any other component to aid in the Service, Client will hold harmless and indemnify TME in perpetuity against any losses, damages, injuries or claims of any nature.

9.2.8. Exemptions: Sub-haulers and Contractors Provided By TME. Client agrees to release TME from any claim, damage, or losses of any kind for a move or Service where TME is not the exclusive provider of labor, equipment, and transportation during the entire Service. If TME contracts or books another service provider to complete the work order Client will indemnify and hold TME harmless in perpetuity against all claims or losses.

9.2.9. Exemptions: Items of Inherent Vice. If TME exercises ordinary care on an item that was previously weakened, fragile, repaired, or dilapidated prior to the service date, TME is not liable. If Client has any such item, they need to be disassembled and crated by Client prior to arrival by TME. Failure of Client to notify TME of any items of inherent vice may result in exclusion from shipment TME or additional charges beyond the Not to Exceed Price.

9.2.10. Exemptions: Items Left in Drawers. TME recommends emptying all drawers of any fragile, breakable, or liquid items prior to move day. Furniture will often need to be flipped to navigate doorways or loaded properly into TME or other equipment during the Service. Any items left within drawers may be damaged or may cause damage to house, personnel, or to the piece of furniture being moved. Client agrees that any claims arising from items or loose articles including shelving left within any drawers or pieces of furniture before move day will be invalid.

9.2.11. Exemptions: Client Prepared Furniture. Any articles packed or prepared by Client will be not be valid for a claim with TME. Any Items not packed solely by TME will be exempt from claims with TME. This includes boxes and any furniture that Client has wrapped or prepared prior to TME arrival. Furthermore, TME will not cover or offer any valuation protection for any items that are consequently damaged from any Client wrapped or prepared goods which can include: shelving falling onto a floor, liquid soaking through boxes and onto items, mercury vapor, etc. TME may bill Client in addition to all other charges for any cleanups or repairs as a result of damage or spills due to any Client Prepared Furniture.

9.2.12. Exemptions: Pressboard Laminate, Particle Board and Melamine Furniture. TME will not be responsible for any damage, destruction, loss, personal injury, or any other liabilities, due to any scope of Service involving the moving and/or transport of pressboard laminate, particle board, or melamine furniture.

9.3. Limitation of Liability and Extenuating Circumstances. TME or the party in possession shall be liable for physical loss of or damage to any articles from external cause while being carried unless the loss, damage or delay is caused by or resulting from extenuating circumstances as described below:

(a) From an act, omission or order of Client;

(b) From defect or inherent vice of the article, including susceptibility to damage because of atmospheric conditions such as temperature and humidity, or changes therein;

(c) From (1) hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack (A) by any government or sovereign power, or by any authority maintaining or using military, naval or air forces; or (B) by military, naval or air forces; or (C) by 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; (5) epidemics; (6) pandemics; (7) outbreaks of communicable disease; (8) quarantines; or (9) risks of contraband or illegal transportation or trade.

(d) From terrorist activity, including action in hindering or defending against an actual 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. The term ‘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: (I) the hijacking or sabotage of any conveyance (including an 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 explicitly 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 mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property; or (5) a threat, attempt, or conspiracy to do any of the foregoing.

(e) From 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 shipper or consignee of a potential risk of loss or damage to the shipment from such causes, is instructed by the Client to proceed with such transportation and/or delivery, notwithstanding such risk.

(f) From Acts of God.

(g) For loss or damage caused by ordinary wear and tear, leakage, mold, mildew, termites, rodents, vermin, moths, and other insects, rust, fumigation, heat, natural deterioration, defect of the property.

(h) For the loss or damage to non-allowable items such as currency, precious stones, business records, tax documents, documents, stamps, securities, species, silverware, jewelry, personal electronics such as but not limited to iPod, digital camera, chargers, cell phones, laptops or any valuables unless such articles were specifically declared in writing prior to the move, and unless the additional valuation charges are paid by the Client.

(i) From damage to an item or piece and or the property damage that occurs as a result of the Client’s request to force items in or out of the residence or any location where said piece is to be forced in or out, are not covered under TME’s liability. TME reserves the right to refuse to attempt to deliver an item that is likely to cause damage or injury to its movers. Client may at their own expense hire a company to perform breakdown services which will allow the safe transportation of an item likely to cause such damage or injury.

(j) For packing damage to any fragile items, concealed items, and/or contents, unless packed and unpacked by its employees.

(k) For compensation, repair, or replacement of a pair or set of articles, transported in a shipment but only to the specific articles damaged or lost while in its possession.

9.4. Special Items – Definition. Special Items mean items that take special equipment and expertise to move safely, or any item that goes above and beyond the scope of normal moving of household goods such as dressers or boxes. This could be but is not limited to: a grandfather clock, safe, or piano, but could also include normal items that need to be hoisted, rigged, passed over railings, handed through windows, handed up to the roof of a truck, over a balcony, or lowered or raised outside of a building with ropes or heavy equipment. HIGH VALUE ITEMS: Any item that is considered an extraordinarily high value item or is valued at more than $100.00 per lb. per article or has a value of over $1,000.00 per item MUST be declared to the carrier and in writing placed on the Extraordinary High Value Inventory. To be considered properly protected, these items MUST be packed properly per the carrier’s company policy or if over $3,000.00 must be crated properly with a wooden crate both of which will be provided at the expense of the shipper. Failure to properly protect or declare these items will result in the denial of any claimed damage.

9.5. Additional Definitions of Special Items. Also included in the definition of Special Items are washing machines, dryers, refrigerators, or any items that have electronic, water, and/or gas connections. These items are beyond the area of expertise of TME, and client agrees to make other arrangements to have these ready (emptied, disconnected, unplugged, drained, secured, crated, disassembled, labeled, boxed), at least three (3) days prior to move. If client fails to have these items or disconnected and ready for shipment, client releases TME from any liability or damages arising out of moving, disconnecting, or shipping these items. Liability coverages for these items will be calculated at the selected level of valuation protection for specialty items only if declared, and then only up to the declared amount of specialty item coverage.

9.6. Special Items Declaration. Client agrees to provide written notice to TME listing any rare, unique, pair or set item, any item that could potentially pose a danger to TME personnel or independent contractor, item with value over $500.00, or item with value exceeding $100 per pound, at least seven (7) calendar days prior to pickup to allow TME to make additional preparations; Client further agrees to pay TME a $450.00 fee and other preparatory charges including labor and fuel, should TME be asked to move any such items without prior notifications. Should client Fail to Notify TME of any such Special Items, TME will be released from any liability due to loss or damage of these items as TME would not have had adequate time to prepare extra measures for handling them safely.

9.7. Claims and Process.

9.7.1. Maximum One Total Claim may be submitted Per Service. Client agrees that one total claim and only one claim type may be submitted per Client in perpetuity.

9.7.2. Compensation. Compensation can only be offered after a claim is made in writing and deemed to be valid, within the required time limits, Client has no outstanding balance with TME (as calculated by TME), and there are supporting photographs provided by Client to substantiate the claim.

9.7.3. Claim Calculations. Claims will be subject to the coverage level selected by Client including any deductibles for coverage and maximum claims processing fees allowed in current California Maximum Rate Tariff 4 at the time the Service was provided.

9.7.4. Missing Items. Any claims for missing items must be substantiated by photos of the missing item(s) taken no more than 36 hours prior to Service date and a freight bill signed by both TME and Client, indicating that TME took possession of the items at a specific date and time. Client releases TME from all liability of any claims of missing items when signing the Closing Form or in the absence of both photos of the items taken within 36 hours of the Service Date and a signed Freight Bill indicating the missing items were taken into TME’s possession.

9.7.5. Claims based on Weight. If a claim is based on the weight of damaged item(s), the weight will be determined by the weight listed on TME Claim Package Weight Guide.

9.7.6. Catastrophic Loss. If an entire shipment is lost or damaged, the items within the truck and their current condition will be calculated by using the freight bill listing the contents and condition of that shipment. Weight will be calculated as cubic footage multiplied by 7.  If no freight bill is present and the coverage is calculated based on weight, a weight of 500 pounds will be entered to calculate the coverage. If a lost shipment is covered at Actual Cash Value at the time of loss, the shipment will default to the Client declared value of the shipment times .02. If a lost shipment is covered at Full Replacement Value at the time of loss, the shipment will default to the Client declared value of the shipment times .01.

9.7.7. Overcharge Claims. Client may request copies of paperwork related to the Service once all charges calculated and assessed by TME have been paid by Client in full, and 90 (ninety) business days for processing and securing payment have elapsed. In the event of an Overcharge Claim, TME will refund the amount due (as determined by TME), less Claim Processing Fee less all other applicable fees.

9.7.8. Claim Processing Fee. All claims are subject to the maximum processing fee allowed by law at the time of filing the claim.

 

10. Payment.

10.1. Payment Due. TME agrees to provide Client with a bill for the cost of Service due. Client agrees to tender payment in full for that bill via credit card immediately upon Completion, or upon any request by TME. Verbal agreement to other forms of payment do not act as a waiver to this section. Payment may include: charges for pre-move deliveries, standalone purchases, deposits, reservation fees, materials, rentals, pickup and delivery payments, payments of the Not to Exceed Price, payment for any additional charges or Accessorial Services or other Services rendered as determined by TME, any Change Orders for Service, or any other charges that TME bills Client for.

10.2. Early Payment.  Client may tender TME payment prior to completion of the Service. TME agrees to provide an itemized estimate for the cost of the Service with an additional fifty percent (50%) premium. Client agrees to pay the additional costs and any overage as part of the Service. Client further agrees that no part of this early payment is refundable.

10.3. Discount Revocation. TME has the right to revoke any/all discount(s) without prior notice, and Client will be required to pay full Contract Balance immediately upon Request and/or Completion with no discount.

10.4. Lost Payment. In the case of any lost payment(s), Client agrees to immediately issue a new check to TME by US. Mail postmarked within two business days of discovering the payment being lost.

10.5. Late or Non-Payment. If Client does not pay TME in full when payment is due or requested by TME, Client agrees to pay a fee equal to seventy-percent (70%) of the total outstanding contract balance owed in addition to the total contract price.

10.6. Returned Check. Client agrees to pay TME a returned check fee of current state maximum(s) when check (s) were written. In California, $25.00 for first instance that a check submitted by Client to TME for payment of the service is returned by the financial institution issuing that check, $35.00 for any additional return(s) of check.

10.7. Failure of Client to Pay at Closing. Outstanding balances not paid immediately at Closing or by first request by TME will incur fees for: financing, non-payment, and interest.

10.8. Interest Assessed. Any outstanding invoices over 24 hours old will have interest assessed at NET10 Terms, or 2.5% of the outstanding balance per month, whichever is greater. The interest assessed will be added to the outstanding balance due.

10.9. Payments will be Assigned to Interest First, and then Principal Owed Amount. Any progress payments made toward the outstanding balance will be calculated against the interest due first, and the principal amount owed second.

10.10. Payments will be assigned to Services first, and Storage Charges Second. If Client uses The Moving Experience to perform moving and storage services, any payments will be assigned to moving and other any other service charges first, and any storage balances last. If any balance remains for any services, TME will add a late storage payment fee for any unpaid remaining storage balance.

10.11. Credit Card Surcharges and Billing Card on File. Client hereby authorizes The Moving Experience, LLC, to charge any credit cards connected to Client for the full amount of any amounts owed or remaining including any: deposits, remaining balances, interest, financing fees, non-payment fees, collection costs, not to exceed price, plus an additional 3% credit card surcharge which will be added to the total balance owed for any credit card transactions. Client agrees that: surcharges, sales tax and any additions to the scope of project as originally outlined, may be billed in addition to any: Not to Exceed Price, Binding Price or Maximum Price, which was previously collected, issued or billed for.

10.12. Client is responsible for alerting TME if the payment method being used is not a Credit Card. Client is responsible for alerting TME if the payment method being used is not a Credit Card, i.e. check, PayPal, cash, cashier’s check, debit card, ACH/electronic check, pre-paid credit card, or gift card.

10.13. Credit Card Authorization. Client hereby authorize their credit card to be charged for: the full amount, any additional deposits required, cancellation fees, additions, minimums, purchases or reservations, re-booking fees, forfeitures, any remaining balances calculated by The Moving Experience, and credit card surcharges (3%), and/or sales tax – which may exceed a Not to Exceed Price.

 

10.14. Deposit and Progress Payment Forfeiture. Client understands and agrees that if payment is made towards the deposit to reserve the move for the Shipper whose information is listed herein, this move is subject to a cancellation procedure and failure to follow TME cancellation policy will result in the forfeiture of the entire amount of the reservation fee, deposit payment, any progress payments, and additional charges collected, and that additional charges will be collected for any minimums or subsequent deposits owed as determined by Carrier.

 

11. Termination and Remedies.

11.1. Cancellation Request. Client may request a cancellation to the Service by calling 805-544-6683 during business hours, Monday through Friday 930AM-430PM, excluding weekends and holidays.

11.2. Cancellation Policy.

11.2.1. Cancellation by Client. In the event Client requests a cancellation, TME agrees to release Client from further obligations under this agreement provided Client immediately performs the following in completion:

(a) forfeit in full any reservation fees, booking fees, progress payments, and/or any deposits on file with TME at the time of cancellation,

(b) forfeit any guarantees, and/or any expectations of work being performed, including any later or subsequent performance(s), or Service dates,

(c) hold harmless and indemnify in perpetuity TME from any: damages, injuries, and/or any loss(es) to Client, and/or any third party(ies), either directly, indirectly, and/or otherwise adversely affected, due to work not being performed,

(d) pay TME the Minimum Charge agreed upon by the parties, times the number of days the Service was scheduled to take, times the number of Service Dates Reserved, as determined by TME, subject to a late notice fee as listed in 5.19. Late Notice Fee,

(e) immediately reimburse TME for all the following:

(1) all materials gathered, plus a 20% markup,

(2) the agreed upon contract labor rate multiplied by number of hours worked times the number of people used to prepare for the Service including office and administrative hours, billed in hourly increments, and determined by TME,

(3) dispatch cost, calculated by TME,

(4) any lost opportunity, calculated by TME, if TME is unable to replace, in full, the now open date and/or work, due to Client’s cancellation, and any subsequent effects on dispatch which are caused internally with TME due to cancellation,

(5) any other foreseeable and/or compensatory cost incurred by TME, calculated exclusively by TME,

(6) all costs, reservations, deposits, hours, and/or labor, used to prepare for the Service, determined by TME,

(7) a cancellation charge of $750.00,

(8) a late-notice charge of $750.00 for any move scheduled with TME less than 14 (fourteen) full business days before the Move was originally scheduled to begin, as outlined in 5.19.,

(9) recovery all of charges and/or costs incurred by TME, including but not limited to any: returns, forfeits, penalties, and interest, by TME, based on the representation by Client that Client was going to use TME to perform the Service, prior to the cancellation.

11.2.2. Cancellation at Pickup. Client understands and agrees that if the cancellation occurs at the pickup location, Client will be responsible for paying the Minimum Charge, plus the hourly rate for each of the mover(s) present, plus the rate for the van, plus the items in 11.2.1., plus any other charges calculated by TME.

11.2.3. Future Costs Assessed. Payment for Cancellation in full does not prohibit TME from recovering future costs if other costs are incurred later due to Client cancellation.

11.3. Rebooking within thirty (30) days. If Client requests Cancellation and wants to Re-Book the Move Date within thirty (30) days of the original Service Date (per TME’s availability), 10% of the total cancellation fee may be credited toward the re-booked move, at TME’s sole discretion. For any subsequent re-booking, Client will forfeit all deposit(s) and funds collected in full. For Client to reschedule TME more than once, a new deposit must be collected and put on file with TME to reserve the new Service Date.

11.3.1. TME Availability for Rebooking. TME is not obligated to have availability to accommodate any re-booking for Client.

11.3.2. Remaining Balances and Rebooking. Any remaining balances due including any additional deposits or administrative fees that TME is entitled to charge to Client, will become payable immediately upon the Cancellation of Service or any re-booking by Client. All payments must be made at least 7 (seven) days prior to any new Service Date.

11.4. Cancellation by TME. In the event that TME cancels, Client agrees to release TME from further obligations under this agreement provided that the cancellation is due to a permanent dangerous condition that exists for any TME personnel or that TME has reasonable ground to believe that rendering the Service may be illegal, unethical, or otherwise unreasonably difficult, such as substantial interference from the Client. TME may cancel the Service at any time before or after the Service Date for any reason. Client agrees to: (1) forfeit any guarantees or expectations of work being performed including any performance at a later date and/or time, (2) hold harmless and indemnify in perpetuity TME for any damages and/or any loss to Client and/or any third parties, either directly or indirectly, as a result of work not being performed, (3) reimburse TME at the agreed upon contract labor rate multiplied by number of hours worked and used to prepare, (4) all materials gathered at 20% additional markup and (5) any foreseeable cost incurred by TME.

 

11.5. Breach by Client. Should Client operate or attempt to operate outside the terms and conditions set forth in this Agreement TME may at TME’s sole discretion, in whole or in part, do any of the following: (1) Seek equitable damages calculated at TME’s discretion, (2) Seek equitable remedies calculated at TME’s discretion, (3) order Specific Performance at TME’s discretion, (4) Order Injunction of Client prohibiting Client from any specific act, (5) Seek unlimited monetary damages from Client.

11.5.1. Attorney’s Fees and Costs to Guard against Breach Damages and Liabilities. Client will pay attorney’s fees and any costs incurred or reasonably foreseeable by TME to challenge any dispute of charges brought by Client against TME.

11.6. Mediation. Client and TME agree to settle the dispute first by mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures.

11.7. Arbitration. In the event that a dispute cannot be resolved by mediation, Client and TME agree to settle dispute by arbitration administered by the AAA and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. Any arbitration will take place Fresno, CA. The arbitration shall be conducted in accordance with AAA’s version of Consumer Arbitration Rules in effect on January 1, 2019, except:

1. A decision in favor of TME shall reward TME at minimum all payments due to TME under this agreement.
2. The arbitration shall be governed by the laws of the State of California, including the California Arbitration Act.
3. There shall be no other discovery allowed.
4. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing.
5. No injunction for specific performance shall be awarded.
6. An award shall be accompanied by a reasoned opinion.
7. No information regarding the arbitration may be disclosed by the Client, TME, or the arbitrator(s) without the prior written consent of both parties.
8. An award may be appealed pursuant to the AAA’s version of Optional Appellate Arbitration Rules in effect on January 1, 2018.

11.8. Lien. Client agrees to and gives TME permission to file a lien on any of the Client’s property as allowed under the full extent of the law if Client fails to pay all money owed upon any TME request. Client will be responsible for any cost associated with filing of the lien and TME’s time calculated at $250.00 per hour, billable in fifteen-minute increments, and rounded up to the highest fifteen minutes. Furthermore, TME may record a non-payment or late payment with credit reporting agencies for non-payment, late payment, or incomplete payment on the Client’s credit report. Client will compensate TME for storage of such properties at the rate of $175.00 per day, plus all related costs incurred from storage, auction, sale, and/or disposal.

11.9. Warehouseman’s Lien. Failure of Client to pay TME for storage Services (any payments made by Client will be assigned to Services rendered first, and then storage balances second) will create a legitimate Warehouseman’s Lien against the goods, which TME will hold Client’s property until payment and any other fees have been rendered to TME, in full. Once payment has not been received by TME on time, and there remains any late or overdue balance, Client must pay any remaining balances owed to TME by Cashier’s Check only.

11.10 Disposal or Lien Sale of Goods. Client unequivocally releases TME from any damages or recompense owed, should Client’s balance cause the property to go into forfeiture due to nonpayment of fees. Client grants TME to perform a lien sale of the goods, or dispose of them, in whatever manner TME deems reasonably necessary. Further, Client will be responsible for any charges incurred for TME to perform the lien sale or disposal, at the contractually agreed upon rates by the parties.

11.11. Special Remedy Hourly Rate. In the event that the Client breaches the terms of this agreement, Client agrees to reimburse TME $500.00 for each hour TME spends to pursue remedies and $300.00 per hour for other hours of lost work opportunities in addition to any remedy that TME is entitled to under the terms of this agreement and any applicable law. Such time shall be measured in fifteen (15) minute increments round up to the nearest increment.

11.12. Timely Complaint. Client agrees to file any claim or any other grievance arising from the rendering of the Service within 90 days from the date of Commencement, or upon any delivery of goods, whichever takes place first. Any complaints subsequent to the 90-day period will be held to be invalid.

 

12. Other Provisions.

12.1. Governing Law. The laws of California govern all matters relating to this agreement. The Parties consent to personal and subject-matter jurisdiction of the State of California. The parties further agree to bring any claim arising out of this agreement in the County of San Luis Obispo, California.

12.2. Email, Text Message and Other Forms of Electronic and Non-Electronic Communication. Client agrees to receive communication from TME both precluding, and subsequent, to the Service being performed. This communication may include marketing and outreach material not specific to Client’s Service. By providing contact information to TME, Client represents that the information provided belongs to TME, and Client specifically agrees to receive communications related and not related to the Service. Client further represents that TME may communicate with Client using any information gathered from any source regarding Client. Client represents that TME may communicate with Client using any means, even if Client has registered with the National Do Not Call List and/or the National Do Not Call Registry.

12.3. Personal Guarantee. In the event Client is a corporate and/or legal entity and/or business, the signatory of this agreement representing the Client agrees to personally guarantee the payment of any outstanding payment owed to TME under the terms of this contract.

12.3.1. Corporate Guarantee. If Client owns or has a managing interest in any business, Client guarantees and represents to TME that the business will pay TME for any outstanding charges owed by Client. Furthermore, the corporate entity that Client has a stake in will be responsible for any attorney’s fees and/or court costs, should Client become more than 30 days delinquent on any outstanding invoices owed TME. Client represents to TME that the corporate entity will pay TME, in full, for any charges owed by Client or business to TME.

12.3.2. Representation of Guarantee of Parent Company is being made by Client. Client represents that they are binding this Agreement on themselves, their business, and any parent companies or Franchiser. Further, Client represents that TME may seek equitable relief for any unpaid balances by assigning any debts or remedies to the parent companies, holding companies, or any of their subsidiaries.

12.3. Authorization for Photographs. Client authorizes TME to photograph the Client, any of the Client’s premise, property, or any acquaintances while the Service is being rendered, within reason, for the purpose of commercial advertisement for financial gain, even if the Service is not ultimately complete. All such photos and any photos taken by Client in connection with the Service while the Service is being rendered are TME’s intellectual properties.

12.4. Intellectual Property and Non-Disclosure. TME provides Client with a limited-use license to use the intellectual property of: TME Time-lines, Systems, Pre-Move Checklists, Estimate Cube Sheet, Requested Services, Moving Tricks and Tips, Estimate Sheets, and this Agreement. This intellectual property including this document and any addenda or articles incorporated by reference, are the exclusive intellectual property of TME. Client may at no time forward or disclose this Agreement or any other intellectual property owned by TME including estimates, to anyone other than the intended Client. Client will not disclose the nature or content including pricing schedules of the intellectual property to anyone other than Client.

12.5. Marketing Materials, Electronic Communications, and use of Client Captured Data, Opt-In. Client agrees that TME may collect and use data from Client for the purposes of marketing for commercial financial gain. Client agrees that TME may sell client information once collected and no compensation will be due to Client for the sale of such information and/or data.

12.6. Non-disparagement. Client agrees not to, directly or indirectly, participate in, establish, or create individually or in concert with others, any communication which makes, represents, or advertises, by way of fact or opinion, any slanderous, libelous, injurious, disparaging or adverse statements about TME, its partners, directors, employees, affiliates, and/or assigns. Client recognizes that engaging in such conduct is harmful to TME’s business to such an extent that monetary damages may not be an adequate remedy and, as a result, Client hereby consents to the entry of any injunction against Client to prevent the dissemination or communication of any defamatory or injurious material or statements.

12.7. Entire Agreement. This agreement including any attachments incorporated by reference, shall constitute the entire agreement between the parties.

12.7.1. Addenda Referenced:  The following documents are incorporated into this Agreement by reference and are part of this agreement including all Terms and Conditions agreed upon: Materials Pricing Sheet, Inventory Sheets, Bill of Lading, Exclusion Lists, any Notes, Work Order Time Sheet, Electronic Consent Form, Deposit Policy,  Moving Checklist, Labeling Key, Labeling Key How-To, Rental and Other Charges, Work Order Completion Form, Customer Declared NTE, Invoices, Demand Letter, Sales Receipt, General Liability Waiver, Carrier’s Basis for Estimated Cost of Moving Services, Estimate Cube Sheet, Special Services Price List, Claims and Damage Form, Descriptive Inventory, and any other form or application used by any TME staff in connection with any work order.

12.8. Conflict. In the event of a direct conflict between this Agreement and any addenda, this Agreement shall control and govern the rights and obligations of the parties.

12.9. No Waiver of Rights. Failure by a party to enforce a right under this agreement does not constitute a waiver of that right.

12.10. Incomplete Sections. Any incomplete section(s) or sentences within this agreement do not constitute a waiver of the remaining balance and component parts of that sentence or section. The remaining balance of any sentences or sections will be enforceable to the maximum extent necessary to allow this agreement to remain in force to the maximum extent.

12.11. Signatures. This agreement may be executed in counterparts, all of which shall be deemed as original and together shall be deemed as the same agreement. Furthermore, electronic signatures and initials shall carry the same force as original signatures.

12.12. Severability. Any provision of this agreement deemed unenforceable shall be limited to the minimum extent necessary to allow this agreement to remain in force to the maximum extent.

12.13. Cumulative Rights. Any specific right or remedy provided in this agreement will be cumulative of all other rights and remedies.

12.14. Ambiguity. The rule of construction that ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this agreement or any amendments.

12.15. Assignment. Unless otherwise specified in this agreement, neither party may assign or delegate any part of this agreement without prior written consent of the other party.

12.16. Highlights, Capital Letters, and Underlining. The use or non-use of: Highlighted Sections, Capital Letters, or Underlining within this agreement shall not affect the interpretation, importance or enforceability of any section of this agreement.

12.17. Headings. The Headings in this agreement are for clarification and reference only and shall not affect the interpretation of this agreement.

12.18. Force Majeur. No party shall be liable for any failure or delay to perform the obligations under this agreement that are due to causes beyond any party’s reasonable control.

© The Moving Experience, LLC 2022

 

 

This policy was updated 2-14-2022. For moves booked on or prior to 2-14-2024 and to obtain previous versions of this policy that pertain to a move booked on or before 2-14-2022, please email legal@movingxp.com Thank you!