CONTRACTUAL AGREEMENT – PLEASE READ CAREFULLY. THIS CONTRACTUAL AGREEMENT INCLUDES THE DISCLOSURE OF OUR BUSINESS POLICIES, PRACTICES, PROCEDURES, AS WELL AS RELEASE OF LIABILITY AND WAIVER OF CERTAIN RIGHTS. BY AGREEING TO RECEIVE THE SERVICES YOU HAVE AGREED TO THE STATEMENTS AND CONDITIONS BELOW.
THIS TERMS & CONDITIONS AGREEMENT (the "Agreement", "Document") is between the parties to this Agreement (the "Parties"). By and between WACO MOVING, LLC (hereinafter "Waco Moving" the "Company", "Service, Provider", "Carrier", "Independent/Sub/Hired Contractor") of 3417 Hillcrest Dr, Waco, Texas 76708 a Texas LLC and In consideration for receiving certain services from the Service Provider I, (the "Client", "Customer", "Shipper", or "Service Recipient") take responsibility and agree to the following.
RELATIONSHIP OF PARTIES. The relationship of Client to Waco Moving is that of an independent contractor as described in Texas Labor Code, Section 406.121(2) and 406.141(2). Under no circumstances shall employees, sub-contractors, owner operators, or agents be deemed employees to Client or its affiliates. The Company shall provide sole supervision and for the operations of its personnel, and/or related parties, as well as any and all vehicles, equipment and/or property, whether tangible or intangible. The Company shall be entirely and solely responsible for the payment of its employees and payroll taxes, contributions, and/or assessments, whether pertaining to federal, state, or local requirements for all of its employees providing the services specified in this Agreement.
RECITALS. The purpose of this Agreement is to specify the terms and conditions under which Waco Moving will be contracted for the performance of certain work primarily related to the transportation of goods, moving services and/or related services as described in writing (the "Services"). Services in this agreement will be completed at the intended service location for the Service Recipient on behalf of the Client in this agreement. Services in this agreement will be completed at the intended service location for the Service Recipient on behalf of the Client in this agreement. The Client understands that any agreement between the Service Recipient is separate from and will not be considered in correlation with Waco Moving. NOW, THEREFORE, it is agreed as follows:
DESCRIPTION OF SERVICES. Waco Moving shall provide until complete, service(s) as described via quote, estimate, proposal, or as otherwise described in writing by an authorized representative of the Company. Transported goods will be provided in a reasonable service time. The time for each move will vary based on a variety of factors including the volume of items moved, preparedness, and other events that directly affect the cost of services. Note. The Client will be required to prepare and package all belongings to be relocated prior to the Moving Company's arrival at the Pick-Up Location (unless otherwise agreed in writing prior to service date). ** All services require a 3 hour minimum rate
PROCESS AND DURATION:
CONSUMABLES. Waco Moving shall furnish all materials and equipment necessary to perform the services described in this agreement; with the exception of all consumable materials and supplies (i.e. tape, boxes, containers, box fillers, etc); Unless otherwise described in writing, Client will be responsible for associated costs of consumables as well as maintaining adequate supplies throughout the duration of the service in addition to the Travel or Cost of Out-of-town Travel expenses (i.e. meals, lodging, cost of service vehicle, gasoline, etc). To cover these costs, a Travel Fee will be charged at the same hourly rate as the labor. This Travel Fee will be calculated based on the duration of travel to and from locations.
WACO MOVING WARRANTY. Waco Moving shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in the Service Provider's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Waco Moving on similar projects.
CONTACTING WACO MOVING. Systematic inspection shall be conducted by the Service Provider to ensure that all services are being properly performed in relation to its field. Client and/or Service Recipient will promptly relay any complaints, questions, or concerns to Waco Moving in the form of writing by e-mail to: email@example.com, by phone (254) 777-6683 or by mail to 3417 Hillcrest Dr, Waco, TX 76708 with sufficient time to allow the issue(s), concern(s), or question(s) to be resolved.
MUTUAL NON-DISCLOSURE & CONFIDENTIALITY AGREEMENT. With respect to potential transactions involving the purchase and/or sale of goods, services, and/or other items between both Parties. Shall mean all such information that is or has been brought to light by the Disclosing Party or its Affiliates (defined below): (a) in writing or by email or other tangible electronic storage medium and is clearly marked “Confidential” or “Proprietary”; or (b) orally or visually. Confidential Information also includes, but is not limited to, valuable data as defined in this Agreement or by Texas Law, whichever is greater. This Agreement will continue to be effective after the termination of this Contract.
INVOICING AND PAYMENT TERMS: Client is required to pay no more than 100% of the invoice upon completion of service. If any additional costs or fees are added to the balance, the Client will be allowed to make payment arrangements to liquidate any pending dues thirty (30) days after service completion. Payment(s) accepted Credit Card/Cash/Check/Money Order, made payable to Waco Moving. Deposit: Out-of-Town Moving Services require a 10% of the Estimate/Quote in order to schedule an appointment. Deposits will be credited to total amount due and are non-refundable.
LIABILITY & DAMAGE WAIVER: LIMITATION OF LIABILITY. Waco Moving does not offer Full Value Protection, only provides Released Value Protection. Released value protection is minimal coverage where Waco Moving assumes responsibility for no more than $.60 cents per pound per article. Client may seek the opportunity to a higher degree of protection for their items, through a third-party insurance. Claims. Client has ninety (90) days following either the date of delivery or the date on which the shipment is delivered to file a claim. By bringing a claim, the Company has 30 days to acknowledge receipt of it, and has 120 days to provide Client with a disposition; and may be entitled to 60-day extensions. The Company will use any reasonable means to investigate Client's claim. Client agrees Waco Moving shall not be held responsible for normal wear and tear on residence resulting from moving items, and will hold harmless for any property damage including damage to the connections, walls, and/or floors. I further acknowledge that Company is not responsible for the contents of any box it did not pack, opened boxes and items that should be boxed or crated that I chose not to. I agree Company's responsibility only extends to items while under its care and custody and Company’s responsibility terminates when it leaves the premises and/or after it loads and/or unloads my transportation. I agree that certain items cannot be moved without damage and I hold Company harmless for such items when the movers tell me before hand that they are in risk of damage if moved. I take complete responsibility for any transportation I provide and damages that transportation does to anything else including roofs, homes, people and other vehicles regardless of who is operating it, and Company holds no responsibility for my transportation, rented or owned.
SUBJECT, in addition to the foregoing, to the further following limitations on the Carrier’s liability: The duration of any move will depend on various factors: Quantity of goods, distance or unexpected delays between locations (i.e. traffic, road hazards, construction, etc). If the move requires more time than the expected delivery spread the client will continue to be responsible for the additional time required.
DAMAGE WAIVER AND INDEMNITY AGREEMENT. Other than description in Company Liability, Client shall indemnify, defend and hold the Service Provider, its parent company, subsidiaries, agents, contractors, hired third parties, officers and employees harmless, waives any all rights of recovery from and against any and all claims, actions, suits, demands, assessments or judgments asserted and any and all losses, liabilities, any injury, damages, costs and expenses regardless of cause (including, without limitation, reasonable attorneys' fees to the extent permitted by law, accounting fees and investigation costs) alleged or incurred by out of or relating to any services provided, leased, purchased from, operations, obligations, acts or omissions under these Terms and Conditions regardless of cause, including negligence and gross negligence; including subrogation claims by insurance carriers.
ENTIRE AGREEMENT. This Document constitutes the entire agreement of the parties. There are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract or Agreement. This Contract supersedes any and all prior written or oral agreements concerning of such services including any Documents, Contracts, or Agreements provided by the Client. TRANSFER OR ASSIGNMENT. Neither party may assign or transfer the Services without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
SEVERABILITY. If any provision of this Agreement, or the application thereof to any person or circumstance, shall be held to be invalid or unenforceable for any reason, any court of competent jurisdiction, the remaining provisions of the Agreement or application will continue to be valid and enforceable. If a court of the corresponding jurisdiction finds that any provision of this Agreement or application is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. In performing the services required of it under this agreement, Service Provider and its employees pursuant to this Agreement shall conform with and be in full compliance with all applicable laws, rules, ordinances and regulations adopted or required by any federal, state, or local government.
FORCE MAJEURE. If performance of our services or any obligation is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, atmospheric conditions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased.
GOVERNING LAW. The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas. Client hereby irrevocably submits to the jurisdiction of any Texas court sitting in McLennan County, Texas over any suit, action or proceeding arising out of or relating and to the maximum extent permitted by law. If any term of this Contract is held by a court of competent jurisdiction to be invalid or unenforceable, then this document, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.
DAMAGE WAIVER AND RELEASE OF LIABILITY
DAMAGE WAIVER AND RELEASE AGREEMENT. I acknowledge that packing, loading, transporting and unloading property creates certain risks to my property, myself, and anyone present at locations being serviced. Property and items may be broken, dropped, scraped, torn, scratched, lost or otherwise damaged. No liability shall be provided for the mechanical or electrical derangements of pianos, radios, clocks, computers, refrigerators, televisions, electrical devices, washers/dryers, or other instruments or appliances unless evidenced by external damage to such equipment. The Company will also not be responsible for the risk or loss of cash, checks, documents, tickets, deeds, manuscripts, blueprints, plans, specifications, or other valuable papers. Neither jewels, jewelry, gems, precious metals, gold, silver or platinum articles (including household goods such as silverware, coffee service sets, trays, candlesticks and dishes) watches, precious stones, pearls, furs or garments trimmed with fur, currency, money, bullion, bonds, notes, stock, stock certificates or other securities, accounts bills, bills of exchange, evidence of debt, credit cards, stamp-postage, stamp collections, revenue, trading-or letter or packets of letters not specifically listed on the shipping document by description and value. Or alcohol, prescription medications, damages to fur or items lined with fur, particleboard furniture, firearms and/or ammunition, and any other personal items of value. COMPANY STRONGLY RECOMMENDS THAT YOU PERSONALLY MOVE ITEMS OF SIGNIFICANT MONETARY OR PERSONAL WORTH.
Further, I further understand transporting or preparing to transport televisions, electronic devices, and home appliances is dangerous and could result in injury or damages. The Company will not be responsible for electrical and mechanical functions and/or damages of the items moved, as their condition before the moving services took place cannot be determined. In particular, items may have been previously installed improperly; may be worn out by time or use, or may have unseen damages as a result of flooding, electrocution, or fire. I agree that installation of home appliances and re-connecting/mounting electronic devices is my personal responsibility. I understand installation of home appliances or re-connecting/mounting electronic devices is not the responsibility of the Company. Services do not include the removal (or installation) of items secured to the premises. Any assistance given is only by courtesy. COMPANY STRONGLY RECOMMENDS THAT YOU HIRE A PROFESSIONAL SERVICE PROVIDER TO INSTALL ALL ELECTRONIC DEVICES AND APPLIANCES.
I, for myself, my heirs, successors, executors, and subrogates, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS COMPANY, it's directors, officers, agents, employees and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys' fees) for damages to my property or person resulting from COMPANY'S NEGLIGENCE during the move or resulting from an improperly installed home appliance.
Except when transportation is performed under the tariff, the following CONTRACT TERMS AND CONDITIONS apply to all transportation performed by carrier in addition to all other rules, regulations, rates, and charges in this and other applicable tariffs, which are available for inspection at the location(s) specified by the carrier. This contract is subject to all the rules, regulations, rates and charges in carrier's currently effective applicable tariffs including, but not limited to, the following terms and conditions:
SECTION 1: The carrier or party in possession shall be liable for physical loss of or damage to any articles from external cause while being carried EXCEPT loss, damage or delay caused by or resulting: (a) From an act, omission or order of shipper; (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; or (6) 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: (1) 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 an 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 3 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 shipper to proceed with such transportation and/or delivery, notwithstanding such risk. (f) From Acts of God. SUBJECT, in addition to the foregoing, to the further following limitations on the carrier's or the party's in possession liability; The carrier's or the party's in possession maximum liability shall be : The actual loss or damage not exceeding sixty (60) cents per pound of the weight of any lost or damaged article when the shipper has released the shipment to carrier, in writing, with liability limited to sixty (60) cents per pound per article, or an agreed upon value protection in bill of lading, or
SECTION 2: The carrier shall not be liable for delay caused by highway obstruction, or faulty or impassable highways, or lack of capacity of any highway, bridge or ferry, or caused by breakdown or mechanical defect of vehicles or equipment, or from any cause other than negligence of the carrier; nor shall the carrier be bound to transport by any particular schedule, means, vehicle or otherwise than with reasonable dispatch. Every carrier shall have the right in case of physical necessary to forward said property by any carrier or route between the point of shipment and the point of destination.
SECTION 3: (a) The shipper, upon tender of the shipment to carrier, and the consignee, upon acceptance of delivery of shipment from carrier, shall be liable, jointly and severally, for all unpaid charges payable on account of a shipment in accordance with applicable tariffs including, but not limited to, sums advanced or disbursed by a carrier on account of such shipment. The extension of credit to either shipper 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. (b) The shipper shall indemnify carrier against loss or damage caused by inclusion in the shipment of explosives or dangerous articles or goods.
SECTION 4: If for any reason other than the fault of carrier, delivery cannot be made at address shown on the face hereof, or at any changed address of which carrier has been notified, carrier, at its option, may cause articles contained in shipments to be stored in a warehouse selected by it at the point of delivery or at other available points, at the cost of the owner, and subject to a lien for all accrued tariff charges.
SECTION 5: If shipment is refused by consignee at destination, or if shipper, consignee or owner of property fails to receive or claim it within fifteen (15) days after written notice by United States mail addressed to shipper and consignee at post office addresses shown on face thereof, or if shipper fails or refuses to pay applicable charges in accordance with carrier's applicable tariff, carrier may sell the property at its option, either (a) upon notice in the manner authorized by law, or (b) at public auction to highest bidder for cash at a public sale to be held at a time and place named by carrier, thirty (30) days notice of which sale shall have been given in writing to shipper and consignee, and 4 there shall have been published at least once a week for two consecutive weeks in a newspaper of general circulation at or near the place of sale, a notice thereof containing a description of the property as described in the bill of lading, and the names of the consignor and consignee. The proceeds of any sale shall be applied toward payment of tariff charges applicable to shipment and toward expenses of notice, advertising and sale, and of storing, caring for and maintaining property prior to sale, and the balance if any shall be paid to owner of property; PROVIDED that any perishable articles contained in said shipment may be sold at public or private sale without such notices, if, in the opinion of carrier, such action is necessary to prevent deterioration or further deterioration.
SECTION 6: As a condition to precedent to recovery, a claim for any loss or damage, injury or delay, must be filed in writing with carrier within ninety (90) days after delivery to consignee as shown on face hereof, or in case of failure to make delivery, then within after a reasonable time for delivery has elapsed; and suit must be instituted against carrier within two (2) years and one (1) day by carrier to the claimant that carrier has disallowed the claim or any part or parts thereof specified in the notice. Where accordance with the foregoing provisions, carrier shall not be liable and such a claim will not be paid.
By agreeing to receive services by the Company you hereby commit to the terms of this agreement and by no other means break or forfeit any of the statement listed without prior consent by an authorized representative or agent