AWARD WINNING MOVING & STORAGE COMPANY
Consumer Choice Award
1 of Top 3 Moving companies Award
Best of Homestars Award
Top Choice Award
People Love Us on Yelp Award
Proud Member of Canadian Association of Movers
A+ Rating on Better Business Bureau
CBRB Best Businesses Canada Certificate 2021
TERMS AND CONDITIONS
This Moving Services Agreement (“Agreement”) is between 9677089 Canada Inc O/A Let’s Get Moving(“Company”) and the undersigned customer (“Customer”).
SCOPE OF SERVICES (the “Services”)+
On date of move, Sender Company will:
- Arrive at the moving site with packing supplies and moving vehicles.
- Pack all items in appropriate manner
- Load items carefully so that none will be damaged during the move (subject to the Waiver and Release of Liability Agreement to be signed by Customer)
- Unload items at any new locations
- Reassemble any furniture that was disassembled for move
- Place furniture in requested positions
- Unpack boxes per guidance from the homeowner
- Remove and dispose of all packing material
Customer agrees to:
- Accept full legal responsibility for having all rights to all items being moved ¬¬
- Be present at the agreed-upon time (15-30 minutes prior to the truck being offloaded where the bill is due)
- Place any items not intended for packing and transport in a separate area
- Clear walkways and driveway of debris that could interfere with loading and unloading vehicles
- Verify items listed on inventory
DURATION OF SERVICES
The Services shall commence on @JobDate (“Service Commencement Date”). The Equipment shall be delivered, and destination Services shall be performed by:
The Company can only provide hourly rates for the Services. Thus, the actual length of the Services must be paid based on various circumstances.
RATE OF SERVICE
The rate for Services contracted for under this Agreement shall be the hourly rate presented in the estimate in addition to any additional charges for any change in the scope of Services the Customer may require (the “Service Fee”).
The Service Fee shall be calculated based on time spent on completing the task dock to dock. The Service Fee include the actual hours spent completing the Services as well as any wait time incurred during the Services.
Customer shall pay the deposit of $100 plus taxes (the “Deposit”) before the commencement of the Services on or before the date indicated on the first page of this Agreement or as listed on the retainer invoice.
If the Services cannot be provided or completed as a result of the Company’s fault or based on a mutual consent between the Company and the Customer, $100 shall be returned to the Customer.
FINAL INVOICE AND ADDITIONAL FEES
Any fees incurred due to unforeseen circumstances, changes in the scope, or duration of Services incurred as a result of any additional Services requested will be billed to the Customer in the final invoice.
The final invoice payment shall be calculated and billed approximately 30 minutes prior to the completion of the Services. The Company does not carry accounts receivable. The final invoice payment is due upon the delivery of the final bill to the Customer in cash, debit/credit card or e-transfer.
The Customer shall ensure that the Company have access to all premises necessary at origin, destination, third-party and or other sites as may be required to properly and safely carry out the Services, including but not limited to securing any required security clearances, approvals, service forms, information for required certificates of insurance, tickets or grants of access or third-party consents. The Customer’s failure to provide the foregoing access to the premises and or premises paperwork as required may subject the Customer to a 3-hour labour minimum and travel time on top.
The Customer shall be responsible for any parking tickets, or any similar fines charged against the Company during the Services.
During the winter season, it is the Customer’s sole responsibility to shovel and clear any snow that may interfere with the Services. At all times, the Customer should secure a safe pathway and even ground for the Company’s employees.
The Customer warrants that there are no stairs, obstacles, carpets, floor gaps, height, or width issues in any of the origin, destination or other premises that would impede moving, transferring, or delivering items.
The Customer agrees it is their responsibility, without exception, to take all steps necessary to properly, competently and completely make redundant data back-up and or disaster data recovery back-up of any and all data from items being moved.
The Customer or their representative should always be present at the premises while the Services are being provided.
The Company will not be liable for any delay, loss, or damage to a shipment for those causes listed in the Force Majeure clause in this agreement. In no event shall the Company or its employees, consultants, associates, officers, or directors be liable for any indirect, consequential, incidental, special, punitive, or exemplary damages in connection with this Agreement.
If any of the Customer’s goods or items are damaged as a result of the Company’s fault during the Services, the value of such goods and items shall be calculated as $0.60/lbs. (sixty (60) cents per pound). The Company shall indemnify the Customer based on the said calculation. The Customer agrees that the Company is not liable for any amount exceeding $0.60/lbs. (sixty (60) cents per pound) for any given articles or goods.
Any damage or loss caused by the Customer shall not be compensated by the Company.
I understand that the Company will not be held liable for any damage to walls, ceilings, floors or fixtures incurred while in the process of facilitating the move. The Company will at all times ensure the protection of items using items such as quilted blankets, plastic shrink wrap, straps, etc., and will take reasonable precautions to the best of its ability to ensure that items are carefully secured at all times.
I further understand that the Company will not be liable for any damage to the following items:
Marble, granite, china, ceramics, stoneware, lamps, particle board, pressed wood furnishings, Ikea or similarly constructed furnishings, printers, photocopiers and contents of boxes packed by the Customer.
The Company reserves the right to refuse the transport of goods that are deemed to be hazardous, flammable, combustible, toxic and unsanitary, or pose a potential health and safety risk. In no way shall the refusal to transport such goods affect the Customer’s responsibility to pay for the moving services.
The Company shall not be liable for deterioration of or damage to perishable food, plants or pets. Furthermore, if there is damage to or loss of a complete set or until when only part of the set is damaged or lost, in which event the Company shall only be liable for repair or recovery of the lost or damaged piece or pieces.
The Company shall not be liable for any damage or loss of valuable (jewellery, artwork, cash, etc.…) personal items of the Customer. The Company’s service does not include handling of valuable personal items.
At no time, the Customer shall assist or interfere with the Company’s employee during the Services. Any loss, injury or damage that occurs as a result of breaching this covenant shall be sole responsibility of the Customer.
TIME LIMIT FOR CLAIMS
Any claims or complaint against the Company must be filed within 14 days of delivery. Failure to file claims within 14 days of delivery (a) shall be the Customer’s conclusive admission and agreement that there was no issue with the Company’s subject moving job (including but not limited to any damage, performance issues, etc.) and (b) shall forever bar recovery of any claim, losses or damages in connection with the subject moving services. Where claims are not filed or suits are not instituted thereon, in accordance with the foregoing provisions, the Company shall not be liable, and such claims will not be paid.
The Company will not be responsible for any damage caused by non-routine moving, (i.e. Moving standing pieces on end; executing sharp turns; moving in over-crowded work areas, moving in difficult stairways; working near sharp edges in work areas and doorways; handling over balconies, moving through tight squeezes; and working during harsh weather condition etc.).
Furthermore, the Company will not be liable for any liability flowing from, any items that were not in the Company’s possession or control, any contents of any boxes, bags or other such containers which were packed by the Customer, any items not properly prepared by the Customer, any items that are unique or fragile in nature, any furniture of unstable construction and any oversized furniture and items that need to be maneuvered through tight passageways.
Customer agrees to defend, indemnify and hold harmless the Company and its representatives, agents, employees, associates, subcontractors, officers and directors and others for all claims, damages, losses, liabilities, obligations, settlements, judgments, costs, expenses (including without limitation reasonable solicitor’s fees and costs) or other liability or proceedings arising out of this agreement.
SEVERABILITY AND INVALIDITY
In the event that any provisions of this Agreement be found to be, in whole or in part, invalid or unenforceable by a court of competent jurisdiction, the validity or enforceability of the remaining provisions under applicable law will not be affected thereby and shall remain binding upon the Parties and shall remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. Any such invalid or unenforceable provisions shall be substituted by a valid or enforceable provision which, in its essential purpose, comes as close as possible to the invalid or unenforceable provision; the same applies mutatis mutandis to any gaps in this Agreement.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement will be construed in accordance with and governed by the laws of the province the service is being provided.
Any dispute, controversy or claim arising out of or relating to this contract including any question regarding its existence, interpretation, validity, breach or termination or the business relationship created by it shall be referred to and finally resolved by arbitration under the Canadian Arbitration Association Arbitration Rules.
Except for the duty to make payments hereunder when due, and the indemnification provisions under this Agreement, the Company shall not be responsible to the Customer for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, wars, strikes, lock-outs, work stoppages, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, Equipment, or necessary labor in the open market, acute and unusual labor, material, or Equipment shortages, or any other causes (except financial) beyond the control of the Company including road construction and highway accidents. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement.
If access to the origin or destination premises is not available or the items to be moved, de-installed or transported is not ready for transport at the agreed upon time or in the event of other circumstances preventing the Company from performing the Services contracted for, Customer shall be billed for the wait time until the Company is granted access to the premises.
Furthermore, any other wait time shall be added to the hour of Services.
If Customer fails to make any payment due hereunder, the Customer shall be in default of this Agreement. If the Customer is in default, the Company may cease performing the Services without breaching the Agreement pending payment or resolution of any dispute.
If the Customer account is in default, the Customer agrees to pay all office, billing, legal and collection charges incurred by the Company in the collection of the amounts owed under this agreement (this includes the charges of any collection agency or solicitor’s fee to which we may refer your account). In addition, the Customer shall be responsible for paying 15% penalty fee on top of any outstanding balance.
The Company shall not be liable to the Customer for any loss, injury, death or damage to that occurs during the Services.
COUNTERPART & E-EXECUTION CLAUSE
This Agreement ay be signed in counterparts and may be transmitted via email or Eversign or similar platforms.
This Agreement constitutes the entire agreement between the parties relating to the matters contained herein, and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written.
SEE HOW WE WORK
We charge hourly rates that are fully-inclusive. For all human, labour and material resources we use in order to complete your move, you are only charged per hour. Nothing is an extra fee and there aren’t any hidden costs.
The hourly price at Let’s Get Moving is calculated from the moment movers leave our office until they complete the move and return. This price is slightly lower during the week days from the 4th day to the 26th day of each month.
Our office is open 24/7, so contact us right now for an estimate for your move!