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Customer has hired America's Moving Services LLC as a moving
coordinator/shipper agent and not to handle or otherwise participate in
a move. In acting as a shipper agent only, America's Moving Services
LLC., is not responsible for any acts or omissions of the Carrier or its
employees or agents. Customer must pursue the Carrier for all claims for property damage and personal injury or death, including without limitation, any claims for damage to property, lost or stolen goods, delayed pickup or delivery,
actions of estimators, drivers, packers or movers, or other types of
claims.
The Carrier has 30 days for delivery as regulated by the Department
of Transportation. America's Moving Services LLC will act on the behalf
of the customer in resolving any claims or delay issues with the carrier. The
carrier's maximum liability is limited to the lesser of the following:
(a) the amount of the actual loss or damage, (b) an amount equal to sixty
Cents (60¢) per pound multiplied by the actual weight (in pounds) of the lost
or damaged article; or (c) the lump sum declared value. Customer will be
subject to all applicable laws and the general terms and conditions of
the Carrier, which shall include, without limitation, a requirement that
Customer may not receive possession of its goods until all charges are
Paid in full.
Customer acknowledges that the cost of the move contained in this
agreement is an estimate only, and that America's Moving Services LLC
shall determine the actual cost after the truck has been weighed. Customer
agrees to pay the Carrier the total charges for moving services agreed for
herein.
Customer understands that the deposit(s)/fee(s) represent only a
Portion of the total estimated moving charges, and that the deposit(s)/fee(s)
are only refundable if, at least 7 business days (Sunday not included)
prior to the pack or load date (whichever applies) listed on the estimate/order
for service, America's Moving Services LLC
(1) receives written notice by
email to their sales representative AND to info@americasmovingservices.com,
and
(2) notification by phone at of Customer's intent to cancel this
agreement. All credit card refunds will be processed for your next
billing statement. I am aware that any failure to comply with this cancellation
and refund policy shall result in the forfeiture of the deposit(s)/fee(s)
paid. If the customer requests a change of their contracted move date, and
then cancels their move, the customer forfeits their right to a refund.
Customer provides America's Moving Services, LLC with an accurate
description of the items to be moved and the services to be performed.
Customer has requested to have a pre-estimate provided for his/her
household goods relocation, and waives his/her right to a visual and home
estimate.
If any additional pieces, packing services, weight or labor services
are added at the origin or destination to those quoted, the Customer shall
be charged for these services at America's Moving Services, LLC rates. If
Customer's items, weight or services are less than the estimated
amount, then Customer shall pay for the actual costs associated with these
items rather than the estimate. Customer understands that America's Moving
Services, LLC has a 2,000 lbs minimum on all shipments. Any shipment
below 2,000 lbs. will be charged at the 2,000 lbs. rate.
The price includes all fuel surcharges, tolls, load and unload,
basic disassembly and reassembly of standard furniture items. Elaborate
furniture items that need to be disassembled and/or reassembled may require 3rd
party servicing or additional labor and should be disclosed to your estimator
and included in your estimate. Disconnect and/or reconnect of appliances is
not included in the price. The packing and unpacking of boxes is only
included in the price if it is itemized in the "Packing and Unpacking" section
of your estimate.
The provisions of this agreement, including the terms and conditions,
contained herein, represents the entire understanding and agreement
between America's Moving Services, LLC and Customer with respect to the subject
matter hereof, and supersedes all other negotiations, understandings
and representations (if any) made by and between such parties, including
any representations made by any estimator. In the event of any conflict
between the terms of any estimate and the bill of lading, the terms of the bill
of lading shall control. This agreement may not be amended, supplemented
or waived orally, but only in writing, signed by both America's Moving
Services, LLC and Customer and making specific reference to this
agreement.
Customer may not assign its rights or obligations under this agreement
without the prior written consent of America's Moving Services, LLC
All of the terms and provisions of this Agreement, whether so expressed
or not, shall be binding upon, inure to the benefit of, and be enforceable
by the parties and their respective administrators, executors, legal
representatives, heirs, successors and permitted assigns. Customer shall
indemnify and hold harmless America's Moving Services, LLC and its
shareholders, directors, officers, employees, agents and affiliates
from and against any and all actions, claims, suits, liabilities, proceedings,
penalties, fines, costs and expenses (including all reasonable attorneys'
fees) relating directly or indirectly from any breach of this Agreement
by Customer. Nothing in this agreement, whether expressed or implied, is
intended to confer any rights or remedies on any person other than the
parties hereto and their respective legal representatives, heirs and
permitted assigns, nor is anything in this agreement intended to
relieve or discharge the obligation or liability of any third person to any party to this agreement, nor shall any provision give any third person any right
of subrogation or action over or against any party to this agreement.
This contract shall be governed by the internal laws of the State of
South Carolina without regard to principles of conflicts of law. Any
dispute arising out of or relating to this Agreement shall be brought
in the courts of record of the State of South Carolina in Lexington County or
the Court of the United States, South Carolina in Lexington County. If any
party does not have a registered agent to accept service of process in
South Carolina, then such party agrees to accept service of process by U.S.
Mail.
In the event of any controversy arising under or relating to the
interpretation or implementation of this agreement or any breach
thereof, America's Moving Services, LLC shall be entitled to recover all of its
court costs, collection fees, expenses and reasonable attorney's fees
(including, without limitation, all pre-trial, trial and appellate proceedings), in addition to any other relief to which it may be entitled.
All pickup, load and/or delivery dates are only estimates.
America's Moving Services, LLC will not be responsible for loss or damages
incurred by unavoidable delay. America's Moving Services, LLC will act on the
behalf of the customer in resolving any claims or delay issues with the carrier.
There are absolutely no guarantees made, expressed or implied regarding
pack, load, and/or delivery dates.
The move balance on Domestic shipments must be paid by Certified
Check, Cashiers Check, Money Order or cash, upon delivery of your belongings
at your destination address, unless specified by the Carrier that they
accept Credit Cards. The Carrier may determine your form of payment. On
shipments containing Storage in Transit, a portion of the balance will be due at
the time of pickup.
The customer understands and agrees that should the customer fail
to execute or return this Agreement, by allowing a carrier designated by
America's Moving Services, LLC to pickup the customer's belongings, the
customer expressly agrees and consents to the terms contained in this
agreement.
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