AW-10887148638
 

Acerca de

Movers

  • CANCELLATION

Subject to any cancellation rights that the Customer may have pursuant to the Consumer Protection Act, if the Customer cancels the Job, the Customer agrees to pay the Truck/Manpower Fee as specified in Schedule A: Order Details, which is to be applied as a credit towards any future services provided by the Company to the Customer.

  • CUSTOMER RESPONSIBILITIES

The Customer is responsible for the following:

  • Responsible for ensuring that they have full title and ownership of all items which are specified by the Customer to the Company to be moved;

  • Packing their possessions into appropriate boxes or other containers, unless the Customer purchases packing services from the Company;

  • Keeping at all times in your possession and control any and all money, jewellery, or other valuables prior to the arrival of the Company;

  • Allowing the Company’s movers to perform their work without any Customer interference or participation;

  • ensuring that all driveways, roads, and paths are unobstructed leading from and to the origin and destination addresses in such a way that allows the moving truck to access the addresses, and providing such further or other facilities as may be required (EX: following condominium or apartment policies and by-laws, booking elevators, etc.);

  • Informing the Company of any items which require special attention or are of an unusual size or weight including items too large to fit through stairways or doorways;

  • Inspecting the Customer’s origin address and verifying that there are no items expected to be moved left behind and that there is no damage; and checking all of their items and the moving truck upon completion of the Job or when it is emptied and confirming that the moving truck is empty and that items were not damaged.

  • LIMITATION OF LIABILITY

The Customer agrees to limit the Company’s liability for damages, costs, and expenses, regardless of cause, so that the Company’s total liability shall not exceed the total amount paid for services under this Agreement or $0.60/lb, whichever is greater.

  • EXCLUSION OF LIABILITY

    • In no event shall the Company be liable to the Customer for the following, which shall be entirely at the Customer’s own risk:

  • Special, indirect, consequential, lost profits, or punitive damages arising out of or in connection with this Agreement;

  • Any claim or demand made against the Company or Customer by any third party arising out of or in connection with this Agreement;

  • Damage, loss, delay, or cancellation due to force majeure;

  • Delays in arrival or delivery of goods or services for unavoidable or unforeseen reasons, including but not limited to road conditions, or mechanical breakdowns, and any expenses arising from such;

  • Any damage or defect which is pre-existing to the Job;

  • Any and all damage caused by or due to any of the following:

  • Any kind of interference or participation of the Customer or any other person authorized by the Customer;

  • use of the Customer’s equipment at the Customer’s request;

  • The Customer’s failure to provide adequate facilities, including but not limited to a lack of lighting, a lack of elevators, obstructive facilities or walkways including protruding walls or ceilings or sharp items, slippery surfaces or spills, oversized items in relation to undersized facilities provided by the Customer;

Any and all damage to any the following:

  • Any item for which the Customer has specifically waived the Company’s liability;
    Any item which was not in the Company’s immediate care, custody, or control;
    Any contents of any boxes, bags, or other such containers, which are packed by the Customer;

  • To any item which was not properly prepared by the Customer prior to the Job;
    Any item, furniture, or equipment moved full with contents therein;

  • Any item or furniture with an inherent weakness, such as those already damaged or defective, or having underwent prior repairs;

  • Any furniture, item, or material which is weak due to its nature, usage, wear, or age;

  • Any furniture or items of unique or fragile nature, such as glass, china, mirrors, or lamps;

  • Any furniture or items of unique or fragile design, such glass on glass, glass on metal, glass legs, and etc.;

  • Any furniture of unstable construction, ready-to-assemble type furniture, or furniture otherwise held together with tied joints fasteners or other defective or weak joints or connecting devices;

  • Any oversized furniture and items which have to be manouevred through tight passageways;

  • Any mechanical or electronic function of any equipment;

  • Any soft tile or other unusual flooring;

  • Any finish still wet or soft;

  • Any pictures or artwork;

  • Any live plants.

  • TIME LIMITATION

The Customer must notify the Company of any claims of damages within 3 calendar days following completion of the Job. If such notification is not effected, the Customer waives its right to exercise the remedies available to it under Section 11 of this Agreement.

 

  • INSURANCE

The Customer may elect to purchase, at its own cost, insurance to cover any damage, loss, expense, liability, or cost for which the Company is exempt from liability, and/or excess insurance coverage.

  • REMEDIES

In the event that the Company may be liable for any damage or loss to the Customer, the Company may, at its sole discretion, elect to repair the damage, or compensate for depreciated value, subject to Sections 6 and 7 of this Agreement. If the Customer accepts and receives such repair or compensation, the Customer waives any and all claims for damages, loss, expenses, and costs.

  • INDEMNIFICATION

The Customer shall indemnify and hold harmless the Company against any and all claim, damage, loss, liability, and costs, including reasonable legal fees, of defending any third party claim arising out of or in connection with this Agreement. The Customer shall indemnify and hold harmless the Company for any and all damage or loss, including lost profits, due to the Customer’s failure to provide suitable facilities, including the provision of clear driveways, roads, and paths leading from and to the origin and destination addresses and such further or other facilities as may be required. The Customer shall indemnify and hold harmless the Company for any and all charges occasioned, including liens, levies, and assessments, regulatory or by-law infractions and any other penalty associated with the Company performing services for the Customer under this Agreement.

  • WAIVER

Any failure of the Company to insist, in any one or more instances, upon strict performance of any of the terms of this Agreement, or failure or delay in exercising any right or remedy hereunder, shall not operate as a continuing waiver of any of its rights or remedies exercisable under this Agreement.

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