Terms and Conditions
Filing of Claims/Complaints Procedures: Carrier shall not be liable for the loss or destruction of, or missing goods, or damage of goods tendered hereunder or any part thereof unless claim is made in writing supported by proof of ownership, together with substation of value, and weight. As a condition precedent, all outstanding monies due to the carrier must be paid in full before a claim can be submitted to said carrier within nine (9) months after the date the goods are delivered or demand thereof refused and must be limited the destination descriptions of damage indicated on the bill of lading or inventory at time of delivery.
It is solely the customer’s responsibility to inspect and indicate damaged or missing items on the bill of lading or inventory at time of delivery. Valuation of claim will be based on those indications subject to the limitations of liability as described on the Bill of Lading.
Liability for the moving company will be in accordance with the waiver and release agreement. To file a claim or complaint, call Brothers EZ Moving at 813-505-2560. Costs associated with the claim are the customer’s responsibility.
Summary of Dispute Settlement Program: As a member of the Better Business Bureau, we participate in a neutral arbitration program designed to give neither the carrier nor the customer any special advantage. If a dispute arises between the carrier and the customer, arbitration may be a mutually beneficial alternative to help resolve the dispute.
A. Applicable Costs: Each party is responsible for their own costs associated with arbitration. Each party is responsible for 50% of the costs of securing the arbitrator and 100% of their own expenses, including
but not limited to attorney fees.
B. Legal Effects: If the arbitration alternative is chosen,then any decision made by the arbitrator may be binding. An arbitration decision may not be appealed in a court of law. You may request arbitration by signing onto the AMSA website at www.moving.org.
You may also reach them by phone at (703)683-7410 or in writing at: AMSA 1611 Duke St., Alexandria, VA. 22314-3482
Agreed Pickup and Delivery Schedule: The mover is required to pick up and deliver your property with reasonable dispatch and in a reasonable time. Any oral promises made regarding delivery or pick up dates and times are mere estimates. This time frame may change based on the time of year, weather conditions, road conditions, other acts of God, delivery schedule, geographic location of the move and other unknown factors. The moving company will do its best to meet any requested pickup or delivery dates and times.
Estimate Information: Estimate information includes labor, loading, unloading, and basic valuation. Most furniture will be wrapped in blankets and/or protective materials. Any disassembly and reassembly of furniture is also included provided all parts are available. Customer also understands that packing material and labor are not included, unless specifically stated, and will be charged per items ordered and listed on the packing materials price list. In non-binding, the total charges are based on the actual time + the trip charge. If binding, the total charges are based on the terms of the estimate Non-binding Estimate: A non-binding estimate is not a bid or a contract. It is provided by the mover to give you a general idea of the cost of the move. It does not bind the mover to the estimated cost.
Furthermore, it is not a guarantee that the final costs will not be more than the estimate. Final charges will be based on the actual time spent on the move plus the trip charge.
Binding Estimate: This section only applies if you were given a “binding” estimate. Binding estimate is rate based on the items that were estimated by you. The binding estimate will control this shipment and its terms and charges. Total amount of the binding estimate must be paid in full prior to unloading. Any additional services performed which were not included in the binding estimate are also due upon delivery.
Severability: If any part of this contract is found to be unlawful or invalid, the remaining terms and conditions shall still be enforceable.
Agreed Mandatory Choice of Law, Venue and Jurisdiction: If a lawsuit becomes necessary to resolve any dispute between the carrier and the customer, said suit shall and must only be brought in circuit or county court in and for Tampa, Fla. Suits involving disputes over interstate shipments must be limited to the governing federal law. Both parties agree to submit themselves to the jurisdiction of the Florida Courts and agree given the relationship to the state, such exercise in reasonable and lawful. Customer consents to jurisdiction in Tampa, Fla and hereby waives the right to be served within the State of Florida.
Form of Payment: Upon booking, a deposit may be required, the amount determined by the services requested. This deposit may be paid in the form of credit card (Visa, MasterCard) or cash. The remaining balance must be paid in full upon completion of the job by credit card (Visa, MasterCard) or cash.
Operation of Equipment or Vehicles: BrothersEZ Moving LLC employees will not be required or allowed to operate any machinery, equipment, or vehicles unless (1) the machinery, equipment, and/or
vehicles are covered by our liability and property damage insurance policies; (2) you obtain our written consent to allow or require our employees to operate the machinery, equipment, and/or vehicles before our employees undertake such operation. You will not allow our employees in any circumstances to operate any machinery, equipment, or vehicles that are dangerous, modified from their original production condition, or otherwise lacking reasonable and necessary protective devices.
You understand, acknowledge, and agree that you are solely responsible for any and all claims from anyone for damage to or loss of use of your owned, non-owned, or leased vehicles (including contents and cargo), machinery, equipment, and/or material while being used by or in the care, custody, or control of our employees.
You agree to indemnify and hold us and any and all other persons, firms, associations, partnerships, corporations, or other legal entities that are or may be responsible for or along with us harmless of and from any and all claims for bodily injury (including death) or loss or any loss of use or damage to property arising out of the use or operation of your owned, non-owned, or leased vehicles, machinery, or equipment by our employees. If you do any of the things prohibited above, you agree that we may seek legal remedies for any damages of any kind or character we suffer as a result and that you will not assert any defense of immunity based upon any workers compensation laws that might otherwise apply.
- Any issues involving a move must be addressed during the course of the move.
- Jobs can take longer due to a variety of factors. These include, but are not limited to; customers being unprepared, not having exclusive use of an elevator, multiple dis-assemblies or re-assemblies, additional stops, long carries, and many other factors. Brothers EZMoving will only compensate up to 1/2 hour for all time related issues not reported to our office during the course of the move.
The Customer (or his/her representative) by his/her signature hereby orders the services outlined herein to be performed on his/her behalf. Customer has read, clearly understands, and agrees to all the terms and conditions of the Order for Service, and the Bill of Lading.
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