The provisions of this agreement, including the terms and conditions contained herein, represent the entire understanding and agreement between North American Moving and the customer with respect to the subject matter hereof and supersedes all other negotiations, understandings, and representations (if any) made by and between such parties, including any representations made by any estimator. In the event of any conflict between the terms of any estimate and the bill of lading, the terms of the bill of lading shall control. This agreement may not be amended, supplemented, or waived orally, but only in writing, signed by both North American Moving and the customer and making specific reference to this agreement.
The customer may not assign its rights or obligations under this agreement without the prior written consent of North American Moving.
Nothing in this agreement, whether expressed or implied, is intended to confer any rights or remedies on any person other than the parties hereto and their respective legal representatives, heirs, and permitted assigns, nor is anything in this agreement intended to relieve or discharge the obligation or liability of any third person to any party to this agreement, nor shall any provision give any third person any right of subrogation or action over or against any party to this agreement.
The customer has hired North American Moving as a moving coordinator, North American Moving is not responsible for any acts or omissions of the carrier or its employees or agents. Customer must pursue the carrier for all claims for property damage and personal injury or death, including without limitation, any claims for damage to property, lost or stolen goods, delayed pickup or delivery, actions of estimators, drivers, packers, or movers, or other types of claims. North American Moving will act on behalf of the customer in resolving any claims or delay issues with the carrier. The carrier`s maximum liability is limited to the lesser of the following: (a) the amount of the actual loss or damage, (b) an amount equal to sixty cents (60¢) per pound multiplied by the actual weight (in pounds) of the lost or damaged article; or (c) the lump sum declared value.
As a properly licensed interstate moving coordinator, North American Moving will organize and arrange for the transportation of household goods by an FMCSA-authorized motor carrier, whose charges will be determined by its published tariff. All estimated charges and final actual charges will be based upon the carrier`s tariff which is available for inspection from the carrier upon reasonable request.
Full replacement insurance is available upon request from North American Moving via an insurance provider of its choice. The insurance will be billed separately, and it is not part of the original deposit. A policy number must be issued, and insurance paperwork must be signed by the customer and returned to North American Moving prior to pick up and/or pack dates in order to process a claim.
Any and all lawsuits against North American Moving must be filed in ST LUCIE County.
Customers will be subject to all applicable laws and the general terms and conditions of the carrier’s contract, which shall include without limitation, a requirement that payment in full of all charges is due before unloading of the goods in accordance with the carrier`s lawful lien on the property.
As the customer, I agree to pay the total charges for moving coordinator services to be provided by North American Moving. I understand that my deposit/fee represents only a portion of my total estimated service charges. Due to scheduling and routing reasons my deposit/fee is not refundable unless I notify North American Moving in writing within 72 hours of the first available pickup date at firstname.lastname@example.org. I understand there will be a 5% cancellation fee that will be deducted from my refund. The 5% cancellation fee only applies to the deposit amount, not the entire move cost. If the first scheduled pickup date is within 72 hours of the date I reserve my move, then my deposit is non-refundable. I understand that if I cancel my move within the 72 hours of my first available pick-up date I am only entitled to receive a credit of my deposit for future interstate moving services to be used by the cardholder within a 12-month period from the date of cancellation. I may change my pick-up date or place the move on hold at least 5 business days (Saturdays, Sundays, and holidays not included) prior to the pack or load date (whichever applies) listed above. This cancellation only pertains to the original pick-up dates of the first signed contract. I understand that if I do change my dates, or put my move on hold, my deposit is no longer refundable. If pickup is refused by the customer for any reason, the deposit is forfeited. All deposits will show on your billing cycle as NORTH AMERICAN MOVING. All credit card refunds will be processed on my next billing statement.
The customer has elected a “not to exceed cost” price, and the total cost will not exceed the estimated amount; provided, however that customer provides NORTH AMERICAN MOVING with an accurate description of the items to be moved and the services to be performed. The customer has requested to have an estimate provided for his/her household goods relocation, in accordance with 49 CFR 371.113(c)(1), the customer agrees to waive a physical survey of the household goods, and alternatively agrees to receive a binding estimate based upon the shipper provided item list of property to be transported. If any additional pieces, packing services, cubic feet, or labor services are added at the origin or destination to those quoted, the customer shall be charged for these services at the governing tariff rates. If the customer`s items, space reservation or services are less than the estimated amount, then the customer shall pay for the actual cost associated with these items rather than the estimate. The customer understands that NORTH AMERICAN MOVING has a 286 Cubic Foot minimum on all shipments. Any shipment below 286 CF, will be charged at the 286 CF. The price includes all fuel surcharges, tolls, load and unload, basic disassembly and reassembly of standard furniture items, up to 50 feet of long carry at origin and destination, and 1 flight of stairs up to 10 steps. Elaborate furniture items that need to be disassembled and/or reassembled may require 3rd party servicing or additional labor and should be disclosed to your estimator and included in your estimate. Disconnecting and/or reconnecting appliances is not included in the price. Reassembly is subject to the availability of tools and/or all parties being available. Carriers are not liable to reassemble anything that was not disassembled by them. The packing and unpacking of boxes are only included in the price if it is itemized in the “packing and unpacking” section of your estimate; all materials/labor for undisclosed items will be extra.
Your binding estimate fees, booking fees, or administrative fees are NORTH AMERICAN MOVING’s way of reserving the appropriate truck space and covering all overhead costs of taxes, tolls, labor, etc.
All the terms and provisions of this agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective administrators, executors, legal representatives, heirs, successors, and permitted assigns.
Should the customer’s estimate come in under the predicted cubic feet, NORTH AMERICAN MOVING will refund 50% of the customer’s price for cubic feet up to 1000 cubic feet. It is the shipper’s responsibility to pursue the carrier if they are looking for additional reimbursement beyond 50% of the price per cubic foot.
Customer shall indemnify and hold harmless NORTH AMERICAN MOVING and its shareholders, directors, officers, employees, agents, and affiliates from and against all actions, claims, suits, liabilities, proceedings, penalties, fines, costs, and expenses (including all reasonable attorney`s fees) relating directly or indirectly from any breach of this agreement by the customer.
It is agreed by the parties as mandatory that this agreement shall be governed by the internal laws of the state of Florida without regard to the principles of conflicts of law. Any dispute arising out of or relating to this agreement shall be brought in the courts of record of the state of Florida in palm beach county or the court of the United States, southern district of Florida in palm beach Florida. If any party does not have a registered agent to accept service of process in Florida or is not otherwise subject to service after reasonable attempts, then such party agrees to accept service of process by US mail.
In the event of any controversy arising under or relating to the interpretation or implementation of this agreement or any breach thereof, NORTH AMERICAN MOVING shall be entitled to recover all its court costs, collection fees, expenses, and reasonable attorney`s fees (including, without limitation, all pretrial, trial and appellate proceedings), in addition to any other relief to which it may be entitled. If NORTH AMERICAN MOVING pursues the collection of any amounts due to it under this agreement, NORTH AMERICAN MOVING may recover the full tariff rate on all goods and services provided, in addition to all other remedies available to it at law and in equity.
All pickup, load, and/or delivery dates are only estimated. NORTH AMERICAN MOVING will not be responsible for loss or damages incurred by unavoidable delay. NORTH AMERICAN MOVING will act on the behalf of the customer in resolving any claims or delay issues with the carrier. There are absolutely no guarantees made regarding pack, load, and/or delivery dates. If pickup is refused by the customer for any reason, the deposit is forfeited.
Motor carrier-neutral arbitration program: the motor carrier`s neutral arbitration program has been designed to give neither party any special advantage. If a dispute arises between the carrier and the shipper arbitration may be a mutually beneficial alternative to help resolve the dispute. Section 49 U.S.C sections 375.211 provides that a mover must have a program in place to provide shippers with an arbitration alternative. Arbitration is optional and not required under federal law. Summary of the arbitration process: arbitration is an alternative to courtroom litigation. It provides each party to the dispute to present their cases and allows a neutral third-party arbitrator to make decisions as to the merit of each side’s case. Arbitration subject to this agreement shall be conducted via written submission and, subject to the arbitrator`s discretion, through telephonic appearance. After the initial filing fees, have been paid and the arbitrator selected, the initiating party or (claimant) must submit a written brief summarizing their legal position and factual claims. All supporting documentation must be included with the initial arbitration brief. Copies of all documents must be submitted to all parties involved in the arbitration. Upon receipt of the claimant’s arbitration brief and supporting documents, the responding party or (respondent) will have 30 days to file their responsive arbitration brief and supporting documentation. Further deadlines and timetables are subject to the arbitrator’s discretion. Legal effects: if the arbitration alternative is chosen, then any decision made by the arbitrator may be binding. Additionally, an arbitration decision may not be appealed in a court of law. All parties agree that the arbitrator’s decision will be based exclusively on the governing united states federal law without regard to conflicting state laws or regulations. Applicable costs each party is responsible for their own cost associated with the arbitration. A benefit to the arbitration alternative may be that it is less expensive than traditional litigation. Each party is responsible for 50% of the cost associated with securing the arbitrator and 100% of their own expenses, including but not limited to attorney fees.
If at any time NORTH AMERICAN MOVING gives a guaranteed delivery date and the company is unable to deliver to date for an unforeseen reason, the customer will be reimbursed $30 per day until items are delivered. The customer agrees and understands that we are not a carrier and are not liable for things in transit. Once the contract is signed by the assigned carrier, all reimbursements further than the daily allowance of $30 from NORTH AMERICAN MOVING will be pursued by the customer to the carrier. All lawsuits, reviews, and dot complaints must be filed against the carrier as NORTH AMERICAN MOVING is not held responsible from the time of pick-up. By signing this contract, the customer understands that NORTH AMERICAN MOVING is a mediator, and adviser in the process and will not be held liable for any misdoings of the carrier.
Upon booking, a deposit (customer payment) is required to be paid by credit card (visa, master card, discover), check by phone, ACH, or wire transfer. If at any time, there is a revision made to your estimate that requires an additional payment NORTH AMERICAN MOVING will accept only a check-by-phone or ACH payment from the bank of the customer’s choice. Upon pickup carrier, will collect up to 50% of the remaining balance. Payment will be due in the form of cash, certified check, or postal money order. The remaining balance must be paid in full upon delivery by cash or post office money order. If at any time a credit card is authorized for pick up or delivery, please be aware that a 1%-6% charge may occur for processing. The carrier reserves the right to collect up to 50% of the balance due prior to the goods leaving the origin state. Subject to federal law, payment in full of all charges is required before delivery and prior to unloading.
Overseas interstate shipments (anything outside of the continental USA including AK, HI, PR) rate excludes any storage, customs duties, and taxes (if applicable), additional clearances by other governmental offices, demurrage, detention, and any added charges for other than normal access delivery. In addition, shipments must be paid by money order or wire transfer before the shipment leaves the origin port unless the carrier specifies otherwise. The carrier may determine your form of payment.
The customer understands and agrees that if the customer fails to execute or return this agreement, by allowing a carrier designated by NORTH AMERICAN MOVING to pick up the customer`s belongings, the customer expressly agrees and consents to the terms contained in this agreement and will forfeit their deposit and scheduled pick-up date.
Customer hereby knowingly, voluntarily, and intentionally waives the right to a trial by jury in respect of any litigation based hereon, or arising out of, under, or in connection with the goods and services obtained hereunder, the move, or any course of conduct, course of dealing, statements (verbal or written) or actions of NORTH AMERICAN MOVING or the mover. The customer acknowledges that this waiver constitutes a material inducement to NORTH AMERICAN MOVING to enter into this agreement.
If the customer’s initial move location is at a warehouse or storage unit, the balance must be paid by the customer prior to arrival.
The carrier who is responsible for picking up and delivering the household goods of the customer has up to 30 business days to deliver the household goods of the customer. If goods are not delivered within 30 business days then the carrier is responsible for all late fees due to the customer, regulated by the Department of Transportation and NORTH AMERICAN MOVING will not be held accountable by the customer in any legal or civil action for late fees or inconveniences to the customer.
First available delivery dates (FADD) are not guaranteed delivery dates. The first available date is the 1st date you are ready and willing to accept your delivery. The carrier has 30 business days from the FADD you choose to deliver the household goods. If no FADD is provided the carrier has 30 business days from the day of pick up to deliver the goods.