Portland-Move.com LLC (“the Company”), and the undersigned Customer (“the Customer”) hereby agree that the Company will provide moving services to the Customer in accordance with the terms of the Agreement (“the Agreement”) set forth below:
1. SERVICES. The Moving Company will assist with packing and loading
the Customer’s items and possessions (“Possessions” or “Customer Possessions”) from the Customer’s current address into a vehicle or container, and will unload Customer’s possessions at their destination address, unless the job requested by the Customer is a load-only job, or unload-only job. The Moving Company agrees to take due care while loading and unloading the Customers’ Possessions. The following restrictions (may) apply to the Moving Company’s services:
- The Company is not responsible for transporting the moving vehicle or moving container, relocating of goods unless explicitly specified in the Agreement.
- The Company is not responsible for providing packing and loading materials or any other goods and services not previously agreed upon, in writing, naming specific the Company and the Customer and any specific Possessions(moving pads, blankets, tie downs, boxes, and other related items) (“Packing Materials”).
- The Customer agrees to provide all Packing Materials required for the move (i.e. Boxes or cartons, blankets, packing materials such as newsprint or bubble-wrap, tape and any other good necessary for the packing of the Customers possessions.)
- Due to the physical nature of loading and unloading heavy items, and moving the Customer’s Possessions, the Moving Company retains the right to limit the duration of moves to eight (8) hours per day. If the movers are too tired or exhausted to complete a move, the Moving Company has the unilateral authority to terminate a move, and complete it the following day, even if the duration of the move has not yet exceeded eight (8) hours. All efforts will be given to ensure that the Customer has advanced knowledge of such terminating acts and, if necessary, can contact management of the Company and discuss terms for the finalization of the move.
- In the event of termination of a job due to exhaustion of physical inability the Customer agrees to pay, in full, any charges incurred through the operation of the Company from the start of the work day.
2. PAYMENT. Customer agrees to pay Moving Company in accordance with the following terms:
- Hourly Rate. Customer will pay Moving Company $35.00 PER MOVER, PER HOUR, with a three (3) hour minimum per move. Our hourly rate is rounded to the nearest 15 minute period (1/4 hour). In the event that rounding of hour is to occur, the time shall be rounded up when it lands on minute mark: 8, 23, 38, 53; to the next 1/4 hour.
- Other Costs. Customer will pay $35.00, per hour in increments of 15 minutes (1/4 hour) for any waiting time caused by Customer’s tardiness, or other similar delays caused by the Customer.
- Time of Payment – Customer will pay Moving Company upon Moving Company completing moving services and supplying Customer with a bill for services, or upon the Moving Company terminating the job as outlined in Section 4(H) below.
- Cancellation – A $35.00 cancellation fee (1 hour charge) will be attached to the Customer, in lieu of services rendered, for all jobs that are cancelled within four (4) hours of the scheduled start time for the move. For any move scheduled before noon, the same cancellation fee will apply unless the move is cancelled by the Customer within 18 hours of the job start time, on the day prior to the day the move is scheduled.
3. LIABILITY AND INDEMNIFICATION. The Moving Company is a “pack-and-load” only company. The Company is not responsible for damages caused to the Customer’s Possessions during transit. The Moving Company shall not be liable for any damage that occurs to the Customer’s Possessions, during transit of the Customer’s Possessions, from the Customer’s starting address to the destination. In the event damage is caused to the Customer’s Possessions or real property the following terms apply:
- In the event the Moving Company uses all available Packing Materials provided by the Customer, and damage still occurs, the Moving Company shall not be held liable for such damage. The Moving Company shall also be free of indemnity for any and all scratches, dents, marks, and blemishes incurred to a Customer’s Possessions due to a lack of Packing Materials at the job site, as they are the responsibility of the Customer and should be obtained before start of job.
- In the event the Customer fails to provide adequate Packing Materials for their move, the Moving Company may continue packing the moving truck without the use of appropriate packing materials. Under this circumstance, the Moving Company shall not be held liable for any damage to the Customer’s Possessions.
- The Company shall not be held liable for damage caused to the following items, due to the inherent likelihood that such items may be damaged during a move: Waterbeds, foam mattresses, particle board/ press-board/ laminated/ modular furniture (including particle board furniture), IKEA furniture, lamp shades, any and all lamp/light fixtures, furniture intended for one-time assembly, and other similar items.
- The Company shall not be held liable for legitimate drops of Customer Possessions, or damage to buildings, chattels or possessions that does not constitute normal life, wear and tear or depreciation, new or otherwise already accrued before, during or after a move.
- The Company shall not be held liable and/or is held harmless in the result that a stain resulting from, but not limited to: oil, water, fuel, liquids or any other substance. Any resulting damage to any Possession or property of the Customer, and any fees associated with repair or replacement of any goods, property or Possessions owned, leased or borrowed by the Customer are held solely by the Customer and not the Company. The customer assumes indemnity to all costs assumed and accrued therein.
- The Customer acknowledges that they are not and will not be entitled to compensation for damages (including damages to Customer Possessions, property, loss, or injury) unless the damage is documented by the Customer while the Company’s staff is present at the job site. If the Customer is not present at the job site when the move (job) is in progress, the Customer shall have twenty four (24) hours from the completion of the job to notify the Company via a Written Notification (“Written Notification”) of any claim pertaining to damage to their Possessions. The Written Notification must be e-mailed to firstname.lastname@example.org, and must include pictures of the alleged damage, as well as a written description of the damage or claim and previously recorded itemization of goods and Possessions, as well as any photographic evidence of conditions before the move (job), undertaken by the Company, was to take place, that are subject to such claim-ability. The Company will then assess the claim and determine whether or not it is liable for the damage reported by the Customer, in accordance with the terms of this Agreement. The Moving Company is not liable for damages to the Customer’s Possessions that are not reported to the Company in accordance with the above terms within twenty four (24) hours of the completion of the move.
- The Customer agrees to hold the Moving Company not liable for loss and hold the Company harmless for damages resulting from improper packing by the customer or a 3rd party of the Customer’s Possessions unless the damage resulted from a legitimate, intentional, provable action by our movers.
- Our staff are professional movers, who will pack the truck to the best of their abilities, but the Moving Company will not be liable for damages caused to the Customer’s Possessions during transport because the Moving Company does not have control over the transportation environment.
- The Customer agrees to hold the Moving Company harmless for damages resulting from water damage originating outside the moving vehicle or container (i.e. moisture, rain, etc.) or other water damage originating from inside the moving vehicle or container.
- The Customer agrees to hold the Moving Company harmless against improper installation or removal of appliances (washer, dryer, refrigerator, freezer, AC unit, etc.) by our movers during the move.
- The Customer agrees to hold the Moving Company harmless against damages caused to their Possessions if a Customer Possession is carried during packing, loading, or unloading together by one of our crew members and the customer (or a 3rd party), and the customer or that 3rd party is responsible for the damage to the Possession.
- The Customer understands and agrees that the maximum damages the Moving Company is liable for shall NOT exceed Twenty-five Thousand Dollars ($25,000) per incident (single break).
- The Customer agrees to not hold the Moving Company liable for any loss or theft of the Customer’s Possessions during the move. The Customer acknowledges and understands that the primary duty of the Moving Company is to pack and load the Customer’s Possessions, not to watch over the moving environment to ensure that items are not left unattended. The Customer acknowledges and understands that during the course of a move, if the Customer is not paying careful attention to their Possessions, some of the Customer’s Possessions may be left temporarily unattended, and that the Customer is responsible for any theft of the Customer’s Possessions by 3rd parties.
- Dispute Resolution – In the event of breach or a dispute that cannot be resolved without third party intervention, the Parties agree to resolve their dispute in arbitration.
- Choice of Law – In the event of a dispute where federal law does not apply, the Parties agree that Oregon state law will apply. The Parties agree to resolve any dispute in Multnomah County, in the state of Oregon.
- Entire Agreement –This Agreement contains, in its entirety, an agreement of all parties involved and third parties registered to either the Company, the Customer or any third-party representatives et. al. No other agreement, statement, or promise made by any party to this Agreement or any third party on or before the effective date of this Agreement will be binding on the parties.
- Modification –This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing.
- Severability – If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
- Attorney’s Fees – In the event a dispute involving this Agreement is resolved in a third party judicial proceeding, including arbitration, the prevailing party will assume indemnity forthright and retain both parties fees and costs for such actions, for enforcing its rights under this Agreement.
- Interest – In the event a dispute involving an unpaid amount under this Agreement is resolved in a third party judicial proceeding, including arbitration, the prevailing party is entitled to interest of 9% monthly, starting on the date the amount unpaid became due.
- Cancellation – The Moving Company reserves the right to refuse service or cancel any moving job for any reason, at any time (e.g. unsafe and/or unprofessional working environment, customer belligerence, or harassment).