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Terms of Service
INTRODUCTION
This Terms of Service Agreement (herein, the "Agreement") is entered into as of the date of its full execution (the "Effective Date"), by and between The Moving Guys LLC, (herein, "TMG"), and the undersigned Customer (herein, "Customer"). TMG and Customer may be referred to individually as a "Party" and collectively as the "Parties."
ARTICLE I – TERMS & CONDITIONS
1. Services Provided
1.1 TMG agrees to provide transportation services to Customer, including but not limited to the following: packing/unpacking, pickup & delivery, arrange for LTL, FTL, & Air for local and cross-country move, installation and deinstallation, crating, labor support, loading & unloading assistance, storage, other related transportation services as requested by Customer and agreed upon by TMG. The aforementioned services will be performed on a date and time agreed upon by all Parties (collectively, “Transportation Services”).
1.2 The issuance by either the TMG, Customer, or another party to the transportation transaction of a bill of lading (“BOL”), waybill, or other shipping document acts as a receipt of goods only and as evidence of the actual weight, piece count and description of the goods and does not alter the terms, conditions, and limitations contained in this Agreement.
2. TMG Duties and Obligations. TMG undertakes to provide and/or to arrange for surface motor transportation and/or warehousing of goods, using its own assets and/or retaining licensed and insured carriers and other service providers under contract with TMG (herein, the “Contractors”).
3. Fees & Terms of Payment. For and in consideration of the Transportation Services to be provided by TMG and its Contractors, Customer agrees to pay TMG, and TMG shall bill Customer, for all shipment-specific rates established at the time of booking and all other applicable transportation charges, including fuel surcharges and accessorial charges as set forth from time to time.
3.1 Method of Payment. Payment may be made using the following accepted methods: cash, certified check, or electronic bank transfer. Personal checks may be accepted at the TMG’s discretion and must be pre-approved prior to the Transportation Services.
3.2 Deposit. TMG reserves the right to demand prepayment for Transportation Services in accordance with Section 3.1.
3.3 Outstanding Balances. If full payment is not received within thirty (30) days of Customer receiving its invoice or as otherwise agreed upon (the “Due Date”) a ten percent (10%) late fee of the outstanding balance may be applied for each month that the payment is past due. Customer is responsible for all costs associated with the collection of unpaid amounts, including legal fees, court costs, and collection agency fees if applicable.
4. Customer Responsibilities
4.1 Accurate Information. Customer must provide accurate details regarding the items to be moved, including their condition, volume, and any special requirements, pickup/drop-off locations, and any relevant conditions that could reasonably affect the Transportation Services being provided.
4.2 Preparations. Customer is responsible for packing all items securely unless packing services are included in the BOL. Further, Customer may be required to pack their own items or follow specific guidelines for self-packing.
4.3 Delays. If the Transportation Services exceed the estimated time due to factors not attributable to TMG (i.e., Customer delay). TMG may charge additional fees (i.e. Attempt Charge).
4.4 Prohibited Items. Customer shall not include hazardous materials, perishable items, illegal substances, or items restricted by law. Any prohibited items discovered may be removed or refused at TMG’s discretion.
4.5 Access and Availability. Customer must ensure the TMG has access to the pickup and delivery locations, including providing any necessary keys, parking permits, or access codes.
5. Customer Warranties. Customer warrants that it is solely responsible for properly identifying and credentialling TMG and ensuring that all cargo is properly identified, marked, and labeled. Customer shall indemnify, defend, and hold TMG and its Contractors harmless from any fine, claim, or cause of action relating to or arising from breach of this warranty. TMG and its Contractors have the right to reject and return to Customer at Customer’s expense, any shipment tendered to it in violation of the Customer’s warranties as set forth herein. Customer agrees that TMG is allowed to inspect, through physical or any other means, any shipment tendered to TMG for transport, handling, or storage, including shipments in sealed packaging. Neither TMG nor its Contractors shall be liable for any damage to cargo arising from inspection of any relevant government agency.
6. Limitation of Liability
6.1 TMG shall not be liable for loss, damage, delay, or destruction to any property transported in the course of interstate commerce except as provided under the Carmack Amendment, 49 U.S.C. § 14706, and as limited by this Agreement and any applicable BOL. Unless a higher value is declared in writing and the applicable additional charges are paid in advance, TMG’s liability for loss or damage to cargo shall be limited to the lesser of:
6.1.1 $0.60 per pound per article, or
6.1.2 $50.00 per item, or
6.1.3 The actual cost to repair or replace the item, whichever is lower.
For purposes of this limitation of liability, the term “item” shall mean each separate piece, package, or unit described in the applicable bill of lading, shipping document, or packing list provided by Customer at the time of booking or pickup. If no piece count is provided, the limit shall apply per pallet or per handling unit, as determined by TMG in its sole discretion.
6.2 It is the Customer’s responsibility to ensure that any items of extraordinary value (defined as exceeding $100 per pound per item) are disclosed in writing prior to transport. TMG reserves the right to refuse transport of such items or require additional valuation coverage.
6.3 TMG is not liable for damages arising from:
6.3.1 Improper or inadequate packing by Customer.
6.3.2 Pre-existing damage to items.
6.3.3 Normal wear and tear during transportation.
6.3.4 Loss or damage to items not listed in the inventory, agreements, or BOL.
6.3.5 Acts of nature, accidents, road conditions, or delays beyond TMG’s control.
6.4 Excluded Items and Special Conditions. TMG shall not be liable for any damages, whether direct, incidental, punitive, exemplary, special, or consequential, in excess of the limits of cargo liability as set forth from time to time.
6.4.1 In no event will TMG be liable for any such loss, damage, delay, misdelivery, nondelivery, misinformation, or failure to provide information caused by or resulting from, in whole or in part:
a. Customer’s, or any other third party’s violation of any of the terms and conditions contained in this Agreement or on a BOL, including but not limited to the improper or insufficient packing, securing, marking, or addressing of any shipment.
b. Perils of transportation, public enemies, public authorities acting with actual or apparent authority on the premises, authority of law, local disputes, civil commotions, hazards incident to a state of war, or weather conditions (as determined solely by TMG); national or local disruptions in ground transportation networks due to events beyond TMG’s control, such as weather phenomena, strikes, natural disasters; and disruptions of communications and information systems;
c. Acts or omissions of any person or entity other than TMG, including but not limited to, compliance with verbal or written delivery instructions from Customer, or persons claiming to represent Customer.
d. Loss of or damage to articles packed and sealed in packages, provided the seal is unbroken at the time of delivery; the package retains its basic integrity; and shipment is accepted without making written notice of damage on the delivery record.
e. Loss of or damage to No Signature shipments.
f. Damage to any packaging or shipping container, including, but not limited to any container for transporting used personal effects.
g. Erasure of data from magnetic tapes or other storage media or erasure of photographic images or sound tracks from exposed film;
h. TMG’s inability to provide a copy of the delivery record or a copy of the signature obtained at delivery.
i. Damage in transit or in the handling of, or concealed or other damage to, florescent tubes, neon lighting, neon signs, X-ray tubes, any type of glass, or other inherently fragile items.
j. Cash, jewelry, securities, or valuable documents.
k. Perishable goods, plants, or firearms.
l. Items packed by the customer unless damage is caused by the TMG’s negligence.
m. Electronics, antiques, or fragile items unless properly packed and documented.
6.5 Packaging and Marking. Shipments and all cargo in general shall be prepared and packaged to withstand the perils of transportation. All reusable containers, crates, exhibit cases, displays, drums, tubes, tanks, corrugated boxes, personal lockers, flight cases, luggage, injection molded cases, and cases manufactured from exotic materials, when shipped as cargo, must be externally packaged and shipped to withstand the perils of transportation and will be subject to any applicable released valuation and its declared weight. Otherwise, external packaging shall be considered as non-reusable and shall have no claims value.
6.6 Shipments Not Accepted. Under applicable law, certain goods may be transported only under prescribed conditions and certain goods are prohibited. It is the Customer’s responsibility to comply with current regulations and/or applicable laws. Any shipment that is prohibited by applicable law or regulation including any federal, state, or local government will not be transported by TMG. Finally, Customer will not tender shipments of the following nature:
6.6.1 Undistilled, fermented alcoholic beverages (including but not limited to, beer, wine, and hard cider) or distilled liquors or spirits.
6.6.2 Cannabis in any form, including but not limited to marijuana, hemp, CBD containing THC and any/all products containing or derived from cannabis.
6.6.3 Bulk nicotine (liquid or powder).
6.6.4 Vape liquids.
6.6.5 Tobacco products including, but not limited to cigarettes, cigars, chewing tobacco, hookah tobacco, dissolvable tobacco, nicotine gel, and any existing or new product containing or derived from tobacco or containing nicotine, except for such products expressly accepted under this Agreement.
6.6.6 Live humans, animals, or animal remains.
All of the above items are considered “Shipments Not Accepted,” or “SNA.” SNAs are subject to additional charges, including but not limited to a “Prohibited Articles” fee, if found in the TMG system. Such charges apply in addition to all other applicable charges and in addition to any other rights to recovery TMG may have under this Agreement or applicable law. Shipments containing SNAs that have been tendered but are disguised by bill of lading, booking or packaging, and thus accepted in error by TMG are subject to additional charges. TMG reserves the right in its sole and unlimited discretion to dispose of such SNA, and/or to submit such shipments to governmental authorities. Customer agrees to reimburse TMG for any costs or expenses incurred as a result of the tender of any such SNA to TMG, including but not limited to transportation costs associated with returning SNA to Customer.
6.7 Exceptions to Cargo Liability. Notwithstanding anything in this Agreement or elsewhere to the contrary, neither TMG nor its Contractors shall have any liability for any loss or damage to cargo caused by or resulting from the following:
6.7.1 An act or omission of Customer or TMG, or its respective employees, agents, officers, contractors, or representatives.
6.7.2 Any force majeure, including, but not limited to, acts of a public enemy, revolution, civil disorder, war, pandemic, material power grid failure or takedown, fire, flood, or orders of any government or public or local authority, or
6.8 Insurance Coverage. TMG offers basic coverage insurance for the Transportation Services. Additional insurance may be requested by Customer.
6.9 Alternative Rates Available. At the time of booking, Customer may declare an increased valuation above the applicable limitations set forth in section 6.1 through the booking process on TMG’s website or by a separate written agreement signed by an authorized representative of TMG. In the absence of such special arrangements, the limits of liability set forth in section 6.1 will apply to all cargo loss, damage, or delay. Where Customer declares an increased value as set forth above, liability shall in no event exceed the lesser of:
6.9.1 The declared value of the shipment plus applicable freight charges and
6.9.2 The actual amount of loss or damage.
6.10 Cargo Insurance; Customer Indemnification. Customer understands and agrees that the rates charged for TMG’s services do not include insurance or other compensation for loss other than as expressly provided herein. TMGs contracts with its Contractors are made in reliance upon the limits of liability established by TMG under its contracts, including this Agreement, with each Customer. Accordingly, Customer agrees to indemnify and hold TMG and its Contractors harmless from any demand for any sums greater than the limits of cargo liability provided herein by any third party, including beneficial owner and subrogees. Customer further agrees to indemnify and hold TMG harmless for any damages, claims, or legal action arising from Customer’s negligence, misrepresentation, or failure to comply with this Agreement. TMG is not an insurance company or insurance broker. Unless requested by Customer to do so in writing and confirmed to Customer, TMG is under no obligation to procure insurance on Customer’s behalf. Additional information concerning cargo insurance, insurance deductibles, policy exclusions, and excluded commodities is available upon request.
6.11 Claims. All cargo claims will be resolved in accordance with general principles of federal transportation law to the extent not inconsistent with this Agreement. Cargo claims shall be subject to the preemptive effect of 49 U.S.C. §14706. State law causes of action against TMG, and its Contractors are subject to preemption pursuant to 49 U.S.C. §14501, if applicable. Moreover, any claims for loss or damage must be submitted to TMG in writing at time of delivery. TMG reserves the right to inspect damaged items before approving a claim.
7. Deposit Refund Policy
7.1 Customer must submit cancellation requests via email or over the phone with at least five (5) days before the Transportation Services to avoid cancellation fees. Cancellations made within two (2) days of the Transportation Services shall incur partial cancellation fees.
7.2 Refunds for Unused Transportation Services. If Transportation Services are partially completed (i.e., only loading is done, but transport is canceled), Customer may be charged additional fees.
7.3 Rescheduling. Requests to reschedule must be made at least three (3) days in advance. Rescheduling with less notice may result in a rescheduling fee. TMG will make reasonable efforts to accommodate rescheduling but cannot guarantee availability.
8. Right to Refuse Service. TMG reserves the right to refuse to provide and/or cancel the Transportation Services if Customer’s behavior is abusive, if the items to be moved are deemed unsafe, or if the Customer fails to comply with the terms of this Agreement.
9. Indemnification. Customer agrees to indemnify and hold TMG harmless for any damages, claims, or legal action arising from Customer’s negligence, misrepresentation, or failure to comply with this Agreement.
10. Disputes. In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, including but not limited to the performance, interpretation, or breach thereof, the Parties agree to submit the dispute to mandatory mediation before initiating arbitration. Mediation shall be conducted by a mutually agreed-upon neutral mediator in Los Angeles County and the costs of mediation shall be shared equally by both Parties unless otherwise agreed. Each party shall bear its own attorney’s fees and costs. If mediation does not result in a resolution within thirty (30) days from the date of the first mediation session, either Party may proceed to binding arbitration pursuant to the rules of the American Arbitration Association. No Party may file an arbitration claim until mediation has been attempted.
11. Attorneys’ Fees. In the event any action, suit, arbitration, or proceeding is brought to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs, and expenses incurred in connection therewith, in addition to any other relief to which it may be entitled.
12. Term of Agreement and Termination. The terms and conditions of this Agreement shall apply commencing upon Customer’s request for services and TMG’s acceptance of the same, whichever comes first. This Agreement shall remain in full force and effect thereafter until termination or delivery of any shipment(s) then in progress and payment in full for such shipment(s), or if no shipment is pending, upon thirty (30) days’ prior written notice of termination given by one party to the other party.
13. Additional Conditions Specific to Services
13.1 Application of Charges. Transportation charges for a shipment, unless otherwise noted on the BOL, will be based on the greater of the following: the actual weight and the cub dimensional weight. Transportation charges will be assessed from the named origin to the named destination as shown on the BOL and the rates in effect on the day the shipment is accepted by TMG, including any cartage or other services provided. Unless specifically otherwise agreed to in writing, TMG retains the right to weigh and/or measure for the purpose of applying correct charges, any shipments at any time while in TMG’s custody and control and to collect the appropriate transportation charges without first advising, reporting back to, pre-alerting, or otherwise notifying Customer, or other interested party.
13.2 No Signature Residential Delivery Service. No Signature shipments are handled by TMG as a special service and an accommodation to Customers. TMG’s liability for damage, loss, theft or misdelivery of any No Signature shipment shall be zero dollars ($0.00) per occurrence. In the event Customer wishes to declare a higher value of liability with respect to the transportation of any No Signature shipment, Customer must make such request to TMG in writing before scheduled delivery.
14. Uniform Bill of Lading. The standard service conditions found on the back of the BOL shall apply to the extent not inconsistent with this Agreement.
15. Storage and Warehousing. Freight held in TMG’s possession through no fault of TMG will be considered as stored and will be subject to additional charges.
16. Fuel Surcharge. Due to the potential for significant fluctuations in market prices for vehicle fuel, TMG reserve the right to assess a fuel surcharge on shipments without notice. Any such surcharge will be applied in an equitable manner to all shipments having similar characteristics and will be applied for such periods as TMG determines necessary.
ARTICLE 2 – GENERAL PROVISIONS
17. Entire Agreement. Unless otherwise agreed in a written bilateral contract executed between TMG and Customer, this Agreement contains the entire agreement between TMG and Customer and in the case of conflict between this Agreement and any shipping document, tariff, or other document issued by TMG, its Contractors, or other third parties, this Agreement shall control, No employee or representative of TMG or any contracted service provider shall have the power to waive or vary any of the contract terms and conditions of this Agreement, unless TMG employee holding a senior position in the company has specifically authorized such waiver or variation in writing.
18. Liens. TMG and its Contractors shall have a contractual lien on any cargo in the possession of TMG or its Contractors for the payment of transportation charges past and present that TMG and/or its Contractors may exercise in the event of Customer’s default.
19. Venue and Jurisdiction. This Agreement shall be governed and construed in all respect in accordance with the laws of the state of California. Customer agrees to submit to the personal jurisdiction of such court and hereby waives any jurisdictional, venue, or forum nonconvenience objections to such courts.
20. Force Majeure. TMG shall not be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, extreme weather, fires, floods, pandemics, labor strikes, government restrictions, road closures, accidents, or other unforeseen events. In the event of such a delay, TMG will make reasonable efforts to notify the Customer and reschedule transportation services as soon as practicable. Notwithstanding any such delay or failure to perform, the Customer shall remain responsible for payment in full for all Transportation Services and related charges as provided under this Agreement.
21. Execution of Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, and all of which shall together constitute one and the same instrument.
22. Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
23. Survival. All provisions of this Agreement which by their nature should survive termination shall survive, including but not limited to provisions regarding payment obligations, indemnification, limitations of liability, confidentiality, and dispute resolution.
24. Waiver. Failure by TMG to enforce any provision of this Agreement shall not be considered a waiver of that provision or the right to enforce it in the future.
25. Assignment. Customer may not assign or transfer any rights or obligations under this Agreement without the prior written consent of the TMG.
26. Notices. All notices, requests, or communications under this Agreement shall be made in writing and delivered via email, registered mail, or other agreed-upon methods to the addresses specified in this Agreement.
27. Confidentiality. Customer agrees to maintain the confidentiality of any non-public, proprietary, or confidential information disclosed by TMG in connection with the performance of Transportation Services, including but not limited to pricing, operational methods, and business practices. Customer shall not disclose such information to any third party without TMG’s prior written consent, except as required by law.
28. Right to Update Terms. TMG reserves the right to amend or update this Agreement from time to time. Any such amendments shall become effective upon posting on TMG’s website or otherwise providing notice to Customer. Customer’s continued use of TMG’s Transportation Services, including booking or scheduling services online, shall constitute acceptance of the amended or updated Agreement.
29. Independent Contractor. TMG is an independent contractor and not an employee, partner, or agent of the Customer. Nothing in this Agreement shall create a joint venture or employment relationship.
30. Headings. Headings in this Agreement are for convenience only and shall not affect the interpretation of any provisions.
31. Cumulative Rights. All of the rights, remedies, and benefits provided by this Agreement will be cumulative and will not be exclusive of any other such rights, remedies and benefits allowed by law.
32. Electronic Signatures. This Agreement may be executed electronically, and electronic signatures shall be considered as valid and enforceable as original signatures.
33. Online Scheduling and Consent to Terms. By scheduling Transportation Services with TMG online or through any electronic means, Customer acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement, which shall govern all Transportation Services booked electronically or otherwise. Customer’s continued use of TMG’s online booking platform constitutes acceptance of any updated versions of this Agreement as posted on TMG’s website at the time of booking.