The following Contract Terms and Conditions apply to all transportation performed by GC MOVING INC.
Acceptance of Terms and Conditions: By engaging the services of GC MOVING INC (THE COMPANY), and Customer (THE SHIPPER) agrees to abide by the terms and conditions outlined herein.
SECTION 1: SHIPPING AND HANDLING OF FRAGILE ITEMS: THE SHIPPER grants THE COMPANY permission to handle and transport various fragile items, including mirrors, marble, and electronics, without proper packaging. THE SHIPPER acknowledges that if packing services are required and performed by THE COMPANY, they are responsible for covering the associated costs. THE COMPANY assumes no liability for damages to items not packed by its employees, including cracking, peeling, or chipping. Furthermore, THE COMPANY is not accountable for the functionality of electronic items or the condition of unpacked cartons. Live plants, tanks, and chemical containers will not be moved or transported by THE COMPANY
SECTION 2: LIABILITY FOR LOSS OR DAMAGE: THE SHIPPER relinquishes THE COMPANY from any liability concerning accounts, bills, currency, deeds, evidence of debt, money notes, securities, jewelry, watches, and precious stones unless these items have been declared to THE COMPANY before shipment.
SECTION 3: CANCEL: Upon agreement to an appointment, THE SHIPPER forfeits their paid deposit for moving services to THE COMPANY The deposit becomes non-refundable if the moving appointment is canceled or postponed. Any deposits paid by THE SHIPPER are non-refundable and considered liquidated damages in the event of cancellation or breach of contract by THE SHIPPER.
SECTION 4: INSURANCE: THE SHIPPER agrees and understands THE COMPANY liability for loss or damage to any item during transportation is limited to $0.60 per pound per item, unless additional insurance coverage is purchased separately. A) THE COMPANY shall not be liable for loss or damage caused by factors beyond its control, including but not limited to acts of God, natural disasters, terrorist activities, or governmental actions.
A) THE COMPANY will not be held responsible for damages to items THE SHIPPER chooses to not have padded and/or shrink wrapped. High value items exceeding $1,000 must be declared to THE COMPANY prior to the move. These items must be packed by THE COMPANY or by THE SHIPPER in the presence of THE COMPANY Driver. These items must be explicitly listed on the Bill of Lading and acknowledged by THE COMPANY and THE SHIPPER via signatures. Futhermore THE SHIPPER acknowledges that fragile items must be properly packed and secured by THE COMPANY or at THE SHIPPER expense to ensure safe transportation. THE COMPANY reserves the right to refuse transportation of any hazardous, illegal, or prohibited items
B) From defect or inherent vice of the article, including susceptibility to damaget or 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 inhindering, combating or defending against an actual, impending or expected attack (A) by any government or sovereign power, or by any authority maintaining or suing military, naval or air forces; or (B) by military, naval or airforces; 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 intime of peace or war; (3) insurrection, rebellion, revolution, civil war, usurped power or action taken by governmental authority in hindering, combating, ordefending against such an occurrence; (4) seizure or destruction underquarantine or customs regulations; (5) confiscation by order of any governmentor public authority; or (6) risks of contraband or illegal transportation or trade.
D) From terrorist activity, including action in hindering or defending against anactual or expected terrorist activity. Such loss or damage is excluded regardlessof any other cause or event that contributes concurrently or in any sequence tothe loss. The term “terrorist activity” means any activity which is unlawful underthe laws of the United States or any state and which involves any of thefollowing: (1) the hijacking or sabotage of any conveyance including an aircraft,vessel, cab, truck, van, trailer, container or vehicle) or warehouse or otherbuilding; (2) the seizing or detaining, and threatening to kill, injure or continueto detain another individual in order to compel a third person (including agovernmental organization) to do or abstain from doing any act as an explicit orimplicit condition for the release of the individual seized or detained; (3) anassassination; (4) the use of any (A) biological agent, chemical agent, or nuclearweapon or device, or (B) explosive, firearm, or other weapon or dangerous device(other than for personal monetary gain), with intent to endanger, directly orindirectly, the safety of one or more individuals or to cause substantial damageto 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 person taking part in any such occurrence or disorder and form loss or damage when THE COMPANY after notice to THE 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 transportationand/or delivery, not withstanding such risk.
F) From Acts of God. SUBJECT, in addition to the foregoing, to the further following limitations on THE COMPANY’s or the party’s in possession maximum liability shall be: 60 (sixty) cents per pound of the weight per article for any lost or damaged item. Any additional coverage can be purchased directly from www.movinginsurance.com.
SECTION 5: OWNERSHIP: THE SHIPPER upon tender of the shipment to THE COMPANY, and the consignee, upon acceptance of delivery of shipment from THE COMPANY, shall be liable, jointly and severally for all unpaid charges payable on account of a shipment inaccordance with applicable tariffs including but not limited to sums advanced or disbursed by THE COMPANY on account of such shipment. The extension of credit to either THE SHIPPER or consignee for such unpaid charges shall not there by 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. THE SHIPPER shall indemnify THE COMPANY against loss or damage caused by inclusion in the shipment of explosives or dangerous articles or goods.
SECTION 6: LEGAL RESPONSIBILITY: If for any reason other than the fault of THE COMPANY, delivery cannot be made at address shown on the face hereof, or at any changed address of which THE COMPANY has been notified, THE COMPANY, at its option, may cause articles contained in shipment 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, or if THE 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 THE SHIPPER and consignee at post office addresses shown on face hereof, or if THE SHIPPER fails or refuses to pay applicable charges in accordance with THE COMPANY’s applicable tariff, THE COMPANY 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 THE COMPANY thirty (30) days notice of which sale shall have been given in writing to THE SHIPPER and consignee and theres hall have been published at least once a week for two consecutive weeks in a news paper of general circulation at or near the place of sale, a notice there of 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 THE COMPANY, such action is necessary to prevent deterioration of further deterioration.
SECTION 7: CLAIMS: As a condition precedent to recovery; a claim for any loss or damage, injury or delay, must be filed in writing with THE COMPANY upon the delivery of items to consignee as shown on face of Bill of Lading, or in case of failure to make delivery. Where a claim is not filed or suit is not instituted there on in accordance with the foregoing provisions, THE COMPANY shall not be liable and such a claim will not be paid.
SECTION 8: PAYMENT TERMS: THE SHIPPER agrees and understands the payment for services and other charges are due upon delivery. Balance due to be paid in Cash, Visa, MasterCard, or Zelle Only, at destination prior to relinquish goods and values. THE SHIPPER agrees and understands that there is a 5% processing fees for balance paid by either debit card or credit card added on to the final balance due. Furthermore It is agreed between THE SHIPPER and THE COMPANY that any deposit for services will be treated as liquidated damages and retained by THE COMPANY in the event THE SHIPPER cancels or breaches this contract. In addition, if THE SHIPPER agrees to a flat rate, THE SHIPPER understands and agrees that payment for flat rate is required upon request from THE COMPANY, its officers, agents, and drivers while the move is in progress.
SECTION 9: OWNERSHIP OF GOODS: THE SHIPPER has represented and warranted to THE COMPANY that THE SHIPPER has lawful possession of and the legal right and authority concerning the goods described in this Bill of Lading. THE SHIPPER agrees to pay all storage and other reasonable expenses and costs, including reasonable attorney’s fees which THE COMPANY may incur or become liable for in the event of any litigation concerning the good described in Bill of Lading, including any such costs and expenses in bringing or defending an interpleaded action to determine the ownership and/or right of possession of the goods. THE SHIPPER agrees to indemnify THE COMPANY with regard to any expenses that may occur including reasonable attorney’s fees, with regard to a claim of ownership and/or possession over the goods described in Bill of Lading made by any third party.
SECTION 10: CHOICE OF LAW, VENUE AND JURISDICTION: This contract is entered into between THE SHIPPER and THE COMPANY in the State of Virginia. If any lawsuit is necessary to resolve any dispute between THE SHIPPER and THE COMPANY, brought by either THE SHIPPER or THE COMPANY, the suit shall be brought only in the courts of Virginia located in Fairfax County, Virginia. Both THE SHIPPER and THE COMPANY agree to submit them selves to the jurisdiction of the State of Virginia and agree that given their relationship to the State Of Virginia, the exercise of jurisdiction by the State of Virginia over any and all claims between them is reasonable, regardless of the destination of THE SHIPPER’s goods as described in Bill of Lading.
SECTION 11: ATTORNEY’S FEES: THE SHIPPER agrees to pay all the reasonable attorneys’ fees, as determined by the court, incurred by THE COMPANY in any lawsuit brought by THE COMPANY against THE SHIPPER or by THE SHIPPER against THE COMPANY in the event that THE COMPANY prevails in any aspect of the litigation, which includes, but is not limited to, when THE SHIPPER is awarded an amount less than the amount originally requested in the initial pleading in the case.
SECTION 12: AMENDMENTS AND ALTERATIONS: Any and all amendments or alternations to this Contract and Bill of Lading must be signed by THE COMPANY in order to be effective. Any amendments or alternations not signed by THE COMPANY hall have no legal effect. No amendments or modifications to this contract shall be valid unless made in writing and signed by both parties.
SECTION 13: ENTIRE AGREEMENT: This contract constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter herein.