TERMS AND CONDITIONS
Effective and Last Updated: August 12, 2018
ROAD RUNNER MOVING II LLC. TERMS AND CONDITIONS
1. Liability of The Mover: (A) Aside from the valuation declared, the Moving companies liability shall not exceed 60 cents per article for any of the following: i) In the event of injury or damage to any fragile articles (articles susceptible to breakage or crushing), the Mover shall be liable only in the amount of 60 cents per pound per article, unless such items/articles are both packed and unpacked by its employees, and subject to the further condition that such injury or damage is caused by the Mover; ii) The Mover may, at its sole discretion, refuse to move any items, including, but not limited to currency, , coins, money, jewelry, bullion, notes, securities, precious stones, furs, species, silverware, watches, pearls, documents, stamps, accounts bills, Deeds, evidences of debt, letters, manuscripts, mechanical drawings, blueprints, records, or other valuable papers, or any article of extraordinary high value (value in excess of $100 per pound), and shall only carry such articles when specifically declared in writing, and the additional valuation charges are paid by the Shipper. In the event of a claim related to any and all such undeclared articles, the Mover shall not be liable for an amount in excess of 60 cents per pound per article, for any reason whatsoever; iii) The Mover shall not be charged with the knowledge of the contents of containers or drawers or condition thereof, which the shipper packed, prepared, sealed, or refuses to open to allow the Mover to inspect, and the Mover shall be liable only in the amount of 60 cents per pound per article for damage, injury, or loss to such containers or the contents thereof: iv) The Mover’s liability shall not exceed 60 cents per article/item for the electrical or mechanical or electrical malfunction of any articles such as, but not limited to computers and computer equipment, camera’s, pianos, radios, television sets, video cassette recorders (VCR’s), digital video games, players, barometers, washers, dryers, refrigerators, clocks, air conditioners, whether or not such articles are packed or unpacked by the Mover. (B) the Mover has the right and shall be immediately notified of, and given an opportunity to inspect all claims for damage, including any concealed and/or external damage to the items and original packing materials. (C) The Mover’s liability with regard to sets or matched pieces shall be limited to repair or replacement, whichever is less, of the lost or damaged pieces only, and shall not extend to repair, replacement, or recovering the entire set, but in no-event to exceed the released or declared value as indicated. (D) The Mover shall not be liable or responsible for loss or damage caused after the property has been delivered to or receipted for by the consignee or Shipper or the authorized agent of either. (E) Where the Mover is directed to load property from (or render any services at) a place or places at which the Shipper or its agent is not present, the property shall be loaded at the risk of the Shipper before loading. (F) The Mover will not be liable for the following: i) any loss or damage caused by ordinary wear and tear, mold, mildew, termites, rodents, vermin, moths, bed bugs, and other insects, rust, leakage, tarnish, oxidation, fumigation, heat, cold, moisture, change in temperature, or other atmospheric conditions. ii) Any loss or damage caused by natural deterioration inherent vice or defect of the property, or loss, damage, or decay contributed to or caused by acts, neglect, or omissions of the Shipper, or by acts of war, terrorism, insurrection, nuclear explosion or contamination, strikes, labor disturbances, fire, riots, or by any acts of God. (G) Where the shipment has been released to the mover at a value not exceeding 60 cents per pound per article as per declaration of value on the face hereof, it is agreed that the said property be moved, packed, shipped, forwarded, or otherwise handled with the Mover’s liability limited to 60 cents per pound per article. All of the liability in excess of 60 cents per pound per article is solely the Shipper’s responsibility with respect to any loss, damage, or delay for any reason whatsoever. (H) Where the shipment has been released to the Mover at a value in excess of 60 cents per pound per article as per declaration of value on the face hereof, and in consideration of the additional charge for such value scheduled thereon, it is agreed that the Mover’s liability shall not exceed the cost of repairing or replacing the property lost or damaged with materials of like kind and quality, whichever is less, not exceeding the actual cash value of the property at the time and place of loss, with due allowance for depreciation or deterioration however caused, but in no event shall the Mover’s liability for all loss and damage to the Shippers property exceed the value declared by the Shipper, in writing, on the face of this agreement hereof. (I) The company is not responsible for any fragile articles injured or broken, unless packed by its employees and unpacked by them at the time of delivery. The company will not be responsible for mechanical or electrical functioning of any article such as but not limited to pianos, radios, phonographs, televisions, clocks, barometers, computers, phones, refrigerators, washers, dryers, freezers, air conditioners, or other instruments or appliances whether or not such articles are packed or unpacked by the company. 2. Storage Accounts: (A) Any part or all of said goods, items, and chattels to be delivered to said Depositor/Shipper/ can be initiated only upon receipt of written orders or return of warehouse receipt, at the option of the Mover, with delivery instructions signed by the Shipper/Depositor. (B) Any change of address of the Shipper/Depositor, to be valid and binding to the Mover, must be provided by the Shipper/Depositor or their agent to the Mover in writing, and acknowledged in writing by the Mover. (C) No Transfer of ownership of these goods will be recognized unless entered on the books of the Mover, on the warehouse receipt, and upon all charges being paid. (D) The rates as stated in this Contract cannot be raised for 12 months. After which, they can be raised in accordance with the local rates for all applicable Shipper/Depositors. (E) Storage charges will be prorated to the end of the month. All subsequent storage charges will be billed and due on the first of the month or on the monthly anniversary of the pickup date. When goods remain in storage for a fraction of a month, a full month’s storage will be charged. (F) There will be a labor charge (warehouse handling) made for placing goods in storage and taking them out. All labor utilized for access to goods, un-piling, unpacking, replacing and piling shall be charged at the current rate for such service. A charge will also be made for the use of the dock facilities and forklift of the Mover, for vehicles other than its own, at the current rate for such services. (G) 48 business hours notice is required for access to or delivery of goods. This is subject to the availability of labor and equipment. (H) All the Terms and Conditions on both sides of this contract, shall apply to any goods, articles, and items, hereinafter stored for this account. 3. Harmful Items: Any party, directly or indirectly, tendering to the Mover any explosives or dangerous goods, without previous full written disclosure to the Mover of their nature and or danger, shall be liable for the indemnify the Mover against all loss or damage caused by such goods and such goods may be warehoused at Shipper’s risk and expense or destroyed without compensation. 4. Miscalculation On Invoice, Contract Or Forms: If an addition or calculation error is made on a invoice, contract, or any other written form by a representative of Road Runner Moving II LLC and is found by our billing department after the fact the customer is still liable for actual charges and time that the bill should have reflected regardless what the invoice, contract, or other written form states if it directly contradicts itself based on the totals of the (A) moving time between the arrival and finished time, (B) discount time if any, (C) travel time, (D) fuel charge, (E) materials if any, (F) storage if any, (G) or any other charges listed on said form that do not calculate to the correct grand total. Customer hereby agrees for said correct grand total to be billed to their payment method listed on the front of this Contract. 5. Ownership of Goods: The Shipper has represented and warranted to the Mover that the Shipper has a lawful possession of, legal right, and authority to tender all of the property herein described, and that there are and will be no liens, mortgages, or encumbrances on said property superior or averse to the legal right and authority of the Shipper to contract for services. If there be any claims or litigation concerning the property, the Shipper agrees to pay all storage and other charges, and agrees to indemnify the Mover for all costs, expenses, and attorney’s fees that the Mover may reasonably incur or become liable to pay in connection therewith. The Mover shall have a lien on said property for all charges including storage and for such costs and expenses. The lien specified herein shall also cover legal expenses incurred in bringing or defending an interpleader action to determine the ownership and/or right of possession of property specified in the Contract. The Mover, at its option, may bring suit for reimbursement pursuant to the foregoing provisions without further foreclosing of its lien. 6. Movers Lien: (A) It is agreed that the Mover shall have a lien against any and all property tendered to it or heretofore or hereafter tendered to it, and on the proceeds from the sale thereof for all charges provided herein, including without limitation claims for monies advanced, storage, transportation, interest, labor, auction costs, and all other charges or expenses in relation to said property, as well as any other costs incurred through legal action, including enforcement of the Mover’s lien (costs for collections, notice, advertisement of sale, actual cost of sale, Court cost, etc.);conflicting claims of ownership; any interpleader action arising from the bailment of the goods; or defending itself in the event the Mover is made a party to any litigation concerning the goods involved herein. (B) All goods upon which the Mover has a lien are subject to sale at auction to satisfy any and all unpaid charges, including interest as hereinabove provided, which charges are not paid when due, plus the expense for preservation of the goods reasonably incurred in the sale, advertising, as well as any legal expenses, including reasonable attorney’s fees, which may be necessitated by said sale. (C) The lien upon any and all property tendered with the Mover shall also include unpaid charges and expenses pertaining to property previously tendered with the Mover, regardless of whether said property has been delivered by the Mover. (D) The parties agree that in any sale conducted to satisfy the Mover lien, all property which is subject to the lien shall be sold. Proceeds of sale, in excess of charges secured by the lien, plus the cost of preserving the goods and conducting the sale, shall be remitted to the Shipper. (E) The Mover may, at its option, bring suit for reimbursement pursuant to the foregoing provisions without first foreclosing upon this lien. (F) The Mover shall be presumed to have acted in good faith and in a reasonable and commercially acceptable manner when or if it seeks to enforce its lien pursuant to the appropriate provisions of the States Uniform Commercial Code, in the state of Alabama. 7. Claim Filing Time Limit Complaint Procedures: The Mover shall not be liable for the loss or destruction of, or damage to the goods/articles tendered and moved and or stored hereunder, or any part thereof, unless claim is made, in writing, to the mover listed on the front of this Contract and filed with the Mover within thirty (30) days, or the minimum time afforded by local ordinance, where applicable. 8. Delivery: The Mover will make reasonable efforts to complete delivery and is not responsible if physical conditions or other special circumstances prevent completion. If the Mover cannot deliver the goods in the ordinary way (by stairs or elevator), there will be an extra charge for hoisting, lowering, or other labor or equipment necessary. The Shipper must make advance arrangements for elevators (have them padded) or other services and pay any charges. The Mover will charge for waiting time caused by lack of sufficient elevator service or any other causes beyond the Mover’s control including weather. If no authorized person is present to accept goods at the agreed time, or if orders are incomplete, the Mover will deliver the goods at the Shipper’s risk using reasonable judgment. 9. Inventory Sheets: Inventory sheets are prepared only on shipments destined to storage, co-mingled with other shipments, when valuation requires it, or when requested, in writing, by the Shipper. (Additional fees will apply when requested by the Shipper.) 10. Non-Disparagement Clause The shipper agrees not to make any statements or communications, whether oral or written, that directly or indirectly defame, disparage or criticize Road Runner Moving, its current, former or future employees, business, services, or products, or to encourage any other individual from making any such statements. This provision shall not be construed as prohibiting the shipper from making truthful statements when required by law, subpoena, court order or as otherwise may be required under applicable law. 11. Cancellation Policy: Shipper agrees to pay the total charges for the moving services. For hourly estimates, a $150 booking deposit is required to reserve your moving team. For Guaranteed Price Estimates, Commercial Estimates or for Interstate Moves, a 50% booking deposit is required and can be broken up into multiple payments prior to moving day. Cancellations must be made 24 hours in advance of your scheduled move. Any cancellations on or within 24 hours of your scheduled move are NOT REFUNDABLE and will be billed the entire amount of the move. In the event you require cancellation of your move, please direct your cancellation request via one of the following methods: email email@example.com or write Road Runner Attn: Cancellations: 1430 8th Ave North, Birmingham, AL 35203 (preferably UPS NEXT DAY SERVICE) or call customer service 205-945-8339. 12. Entire Agreement – Severability: The agreement represents the entire Contract between the parties hereto and cannot be modified except in writing, signed by the Shipper and an officer of the Moving Company, and it shall be deemed to apply to all property of any and all nature or description which the Mover may now or at any time in the future pack or ship for the Shipper’s account. If any paragraph or portion thereof is found to be unenforceable for any reason, it shall not affect the remainder of this Contract, then said Contract shall be fully enforceable and shall govern the rights and responsibilities of the parties.