Table of Contents
Section 1. Definitions
Accessorial Service - Any service provided by a household goods carrier that supplements, or is incidental to, the transportation of household goods.
Advanced Charges - These are charges for services performed by someone other than the mover. The mover pays for these services and adds the charges to your Bill of Lading charges.
Article or Item - One unit of property, whether in a single piece or taken apart into its component parts. An article or item does not mean a "set" or all the articles in one container.
Binding estimate - is based on fixed/flat rate. The binding estimate shall be subject to the maximum 110 percent charge unless indicated differently in terms and conditions.
Bill of Lading - A shipping agreement issued by the household goods carrier, signed by both the customer and the carrier, that reflects the cost and components of a move.
Consignee - The person accepting articles at the delivery.
Customer - A person or entity that hires a household goods carrier.
Declared Value - The dollar amount the customer states on the bill of lading as the value of the articles being shipped.
Deductible - is the amount paid out of pocket by the policy holder (Client) before the claim is open under the RVP Valuation Coverage (Extended Valuation).
Gross Weight - The weight of the shipment, including the tare weight of the vehicle, customer's articles, all packing containers, and all packing materials.
Household Goods - The personal effects and property used, or to be used, in a residence when it is a part of the equipment or supply of such residence. Transportation of the goods must be arranged and paid for by the customer or by another individual on behalf of the customer.
Inventory - An inventory of the items that includes a description of each item and the condition of each item at origin and destination.
Long Carry (Excessive Distance) - Exists when the carrier must carry household goods for a distance in excess of 75 feet between the vehicle and the door of the residence.
Net Weight - The weight of the articles shipped by the customer, determined by subtracting the tare weight of the vehicle from the gross weight.
Non-binding estimate - are not guaranteed. Final costs are based on the actual weight of the shipment and actual services provided at the time of the move.
Packing - The accessorial service of protecting any portion of a shipment by placing it in boxes, cartons, crates, dish packs, suitcases, trunks or other protective container.
Permanent storage - The storage service, which was agreed in advance before the loading date provided by carrier, agent or the third party for a certain period of time agreed between customer and carrier, agent or third party
Replacement - Providing as good as, or equal in value to, a lost or damaged article.
Released Valuation - The stated value of articles tendered by the customer to the carrier.
Shipment - A load of household goods moved by a carrier from a single residence or as a single transaction.
Storage-in-Transit (SIT)- Temporary warehouse storage (60 days or less) of a shipment pending further transportation.
Third Party - A person or entity other than the carrier who provides services requested by the customer through an arrangement with the carrier.
Transportation charges - includes the loading at origin, transportation to destination, unloading, and one time placement of articles at destination.
Unpacking - The accessorial service of removing contents from boxes, cartons, crates, dish packs, suitcases, trunks or other protective containers.
Valuation or Valuation Protection - The level of protection a customer selects to protect his or her household goods against loss or damage.
Warehouse Handling In or Out - Additional charges that apply each time SIT service is provided. These charges compensate the carrier for the physical placement and removal of items within the warehouse.
Section 2. Liability of Carrier
The carrier or party in possession shall be liable for physical loss of or damage to any articles from external cause while being carried or held in SIT except loss, or damage caused by or resulting:
- From an act of GOD, omission or order of shipper;
- From a defect or inherent vice of the article, including susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes therein;
- From (a) hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack (i) by any governmental or sovereign power, or by any authority maintaining or using military, naval or air forces; or (ii) by military, naval or air forces; or (iii) by an agent of any such government, power, authority or forces; (b) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; c) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating, or defending against such an occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority, or risks of contraband or illegal transportation or trade;
- From delay caused by strikes, lockouts, labor disturbances, riots, civil commotions, or the acts of any person or persons taking part in any such occurrence or disorder and from loss or damage when carrier, after notice to shipper or consignee of a potential risk of loss or damage to the shipment from such causes, is instructed by the shipper to proceed with such transportation and/or delivery, notwithstanding such risk;
- From acts of God;
- To articles that are not packed and unpacked by the contracting carrier or the contracting carrier’s agent or employees;
- To mattresses and/or spring boxes that are not packed with the contracting carrier's or the contracting carrier’s agent's mattress bags;
- To the mechanical, electronic, digital or other operations of radios, televisions, computers, clocks, cameras, audio and visual recording and playing equipment, appliances, musical instruments and other equipment, irrespective of who packed or unpacked such articles, unless servicing and preparation was performed by the contracting carrier or the carrier’s agent or employees;
- Deterioration of or damage to perishable food, plants or pets;
- Deterioration of or damage to Article which caused by liquid that was inside of PBO container;
- Loss of contents of customer packed articles, unless the containers used are opened for the carrier’s inspection and articles are listed in the contract of carriage and receipted for by the carrier;
- Damage to or loss of a complete set or unit when only part of such set is damaged or lost, in which event the carrier shall only be liable for repair or replacement of the lost or damaged piece or pieces;
- Damage to the articles at a place or places of pick-up at which the customer or the customer’s agent is not in attendance, or
- Damage to the articles at a place or places of delivery at which the consignee or the consignee’s agent is not in attendance and cannot give a receipt for articles delivered.
- Assembling, disassembling or transporting furniture made from press board, particle board, and engineered wood. When a Shipper elects to ship an article as indicated herein, in no case shall the liability of the carrier exceed liability indicated in Section 3 paragraph 1.
Section 3. Full Value Protection (FVP)
In addition to the foregoing, to the further following limitations on liability of the carrier or the party in possession: The maximum liability of the carrier or party in possession shall be either:
- In order to procees with a claim under FVP(RVP) the full amount of deductible must be paid. The amount of deductible is chosen by client based on the coverage and premium. The amount of deductible is also mentioned in the estimate under "Valuation" item.
- The actual loss or damage not exceeding sixty (60) cents per pound of the weight of any lost or damaged article when the shipper has released the shipment to carrier, in writing, with liability limited to sixty (60) cents per pound per article; or
- The lump sum declared by the shipper, which may not be less than $6,000 or $6.00 per pound multiplied by the actual weight of the shipment, in pounds, whichever is greater; or
- An amount of $6.00 per pound multiplied by the actual weight of the shipment, in pounds, if carrier fails to obtain the shipper's value declaration and signature on the Customers Declaration of Value on the Order for Service or face of this document.
- When the liability of Carrier to be measured by the weight of the article lost or damaged and such article is packed in a shipping container, in the absence of specific evidence to the contrary, such shipping container will be deemed to have the regular weight, which is provided by the carrier online and office facilities.
Section 4. Articles of Extraordinary Value
- No carrier is bound to carry any documents, specie or articles of extraordinary value unless by a special agreement to do so.
- If such articles are carried without a special agreement and the nature of the articles are not disclosed in the contract of carriage, the carrier shall not be liable for any loss or damage in excess of the maximum liability stipulated in Section 3. Full Value Protection.
- Shipper which release their household goods shipment at Full Value Protection and that tender an article or articles that exceed $100 per pound per article, in value, must specifically notify carrier in writing on the carrier's Bill of Lading and other documents supplied by carrier that an identified article or articles with a value greater than $100 per pound are included in the shipment.
- A customer's failure to notify carrier that an article of extraordinary value will be included in the household goods shipment will further limit carrier's maximum liability to $100 per pound for each pound of any lost or damaged article of extraordinary value (based on actual article weight), not to exceed the declared value of the entire shipment.
- Carrier’s liability for loss or damage to the article of extraordinary value included within a household goods shipment released at the provincial standard coverage will still be limited to no more than sixty (60) cents per pound, per article whether or not customer notified carrier of the inclusion of the article in the shipment.
Section 5. Delay and Delivery
- The carrier shall not be liable for delay caused by highway obstruction, or faulty or impassable highways, or lack of capacity of any highway, bridge or ferry, or caused by breakdown of mechanical defect of vehicles or equipment, or from any cause other than negligence of the carrier; nor shall the carrier be bound to transport by any particular schedule, means, vehicle or otherwise than with reasonable dispatch. Every carrier shall have the right in case of physical necessity to forward such property by any carrier or route between the point of shipment and the point of destination.
- At the time of acceptance of the contract, the originating carrier shall provide the customer with a date or time period within which delivery is to be made.
- Failure by the carrier to effect delivery within the time specified on the face of contract of carriage shall render the carrier liable for reasonable food and lodging expenses incurred by the consignee.
- Failure by the consignee to accept delivery when tendered within the time specified in the contract of carriage shall render the consignee liable for reasonable storage in transit, handling and redelivery charges incurred by the carrier.
Section 6. Liability when Article in SIT
- When customer has household goods temporarily placed in storage, either at origin or destination, this service is called storage-in-transit. When SIT is provided under the Limited Liability plan, there is no valuation charge. When Full Value Protection is ordered, the additional charge will be 10 percent of the basic valuation charge for each 15 days or fraction thereof of storage-in-transit.
- The maximum SIT period offered by carrier is 60 days. During the SIT period, carrier, as the carrier, will be liable for customer’s articles to the same extent as during the actual transportation.
- When customer articles remain in storage in transit and it excess of 60 days, it will be necessary to make separate arrangements with the carrier for permanent storage or the public storage company to conclude conditions,
charges and full value protection fees or, if applicable, insurance for the continued permanent storage.
Section 7. Liability when Article in Public Storage
If customer articles are delivered to a public storage facility, the liability of carrier will terminate at that time. If customer decides to have carrier continue to be responsible under the Bill of Lading liability provisions, customer has to allow place the shipment in SIT with a carrier’s designated agent.
Section 8. Responsibility of Shipper, Customer and Consignee
- If it is agreed that the articles are carried at the risk of the customer, that agreement covers only such risks as are necessarily incidental to the carriage and the agreement does not relieve the carrier from liability for any loss or damage or delay that results from the negligence of the carrier or the carrier’s agents or employees.
- Shipper, Customer and Consignee agrees not to interfere or create obstacles (i.e. standing inside the truck, while movers are loading or unloading the truck) for the carrier to execute loading and unloading, driving and parking the truck, packing and unpacking articles.
- In case of interference or obstacles caused by shipper, customer or consignee, carrier may refuse to continue providing moving services, put items in SIT until further notice and charge customer for a certain fee to cover the moving service part was provided.
- Shipper, Customer and Consignee agrees to ensure accommodation of elevator (reserve time) at the pick up and drop off addresses, if any elevator is installed in the building. When stairs and elevator available at the building the priority shall be given to use the elevator at all times. In the case the elavator is present in the building and is not set into independent service mode, the additional charge of $0.08 / per every 1 lbs of shipment weight will be added to the final bill.
- Shipper, Customer and Consignee agrees to cover parking tickets fee or pay for the truck inspection fees that may be received or occur while providing moving services. This fee shall be calculated together with final amount.
- Customer, and Consignee shall be responsible for acquiring all necessary parking permits required for the carrier to park at both the pick-up and drop-off locations. If any penalties or fines are incurred due to the absence of required permits, such penalties will be charged to the customer.
- In the event of a long-distance or cross-border move, should the customer alter their inventory list less than 48 hours prior to the scheduled loading date, resulting in a substantial increase in the volume of articles to be moved, the carrier cannot guarantee the capacity to accommodate the entirety of the revised shipment within the originally designated space. In such instances, the carrier will load only what can be accommodated within the designated space on the initially scheduled loading date. Should the customer desire to move the additional items not able to be accommodated on the original loading date, provision of additional equipment or services may be arranged at an additional cost to the customer, and may require an alternate moving day. The customer must be aware that this may result in a delay in the delivery of the entire shipment, for which the carrier will not be liable.
Section 9. Payment Responsibility
- The shipper, upon tender of the shipment to carrier, and the consignee, upon acceptance of delivery of shipment from carrier, shall be liable, jointly and severally, for all unpaid charges payable on account of a shipment in accordance with applicable tariffs including, but not limited to, sums advanced or disbursed by a carrier on account of such shipment and all costs of collection including, but not limited to, attorney's fees and court costs. The extension of credit to either shipper or consignee for such unpaid charges shall not thereby discharge the obligation of the other party to pay such charges in the event the party to whom credit has been extended shall fail to pay such charges.
- The shipper shall indemnify carrier against loss or damage caused by inclusion in the shipment of explosives or dangerous goods.
Section 10. Bulky Articles
- Articles that require special handling due to their large size which have a density of less than 10 lbs per cubic foot.
- When a shipment includes Bulky articles, an additional Bulky Article charge applies to each loading and unloading of the shipment.
Section 11. Appliances
- Carrier shall only brace/ stabilize (and de-brace/ destabilize) moveable parts in or on appliances and other household articles (including, but not limited to, refrigerators, deep freeze cabinets, cooking ranges, dishwashers, washing machines, clothes dryers, stereo systems, radios, record players, television sets and air conditioners) prior to accepting such articles for transportation. It is the customer's obligation to ensure such articles are properly serviced prior to loading as otherwise necessary to avoid damage while in or incident to transit. Such service is not provided by carrier, nor included in the Transportation Service.
When customer requests servicing and re-servicing of appliances and other household articles, carrier will not perform such service, but subject to availability, may arrange the following services to be performed by a third party:
- Any special service or labor (plumbing, electrical, carpentry, gas or ventilation connections, etc.) required to disconnect or reconnect such appliances and other household articles from or to the premises; and/or
- Any preparation of article(s) by a third party in order to permit the safe transportation of the article(s), which if not properly serviced prior to loading, could be damaged in, or incident to, transit.
- The actual charge for Appliance Service performed by a third party will be advanced by carrier and billed to customer as an Advanced charges.
- Any preparation of article(s) by a third party in order to permit the safe transportation of the article(s), which if not properly serviced prior to loading, could be damaged in, or incident to, transit and by accepting carrier’s services, customer agrees carrier bears no liability for such damage.
Section 12. Piano and Organ Handling
- If a piano or organ is being shipped, the customer may be charged in addition to all other applicable rates and charges. Handling charges apply only once per shipment, per article.
- Each time a piano or organ must be carried up, down stairs, tilted on corners, the customer may be charged in addition to all other applicable rates and charges.
Section 13. Extra Stop
At the request of customer, Extra Stops may be made at all locations necessary to completely accomplish the pick-up or delivery of all portions of the shipment.
- The term “Extra Stops” as used in this document means any pick-ups and/or deliveries made in addition to those included in the Transportation Service. Each such extra pick-up or delivery shall constitute a distinct Extra Stop. An Extra Stop charge will be applicable for each Extra Stop that is performed.
- The charges for Advanced charges performed in conjunction with any Extra Stop(s) will be based on the Advanced charges applicable at location where services are provided.
Section 14. Ferry and Island Services
Except as otherwise provided for herein, when the origin or destination of the shipment (or a portion thereof), is located at a point accessible only by ferry, carrier will provide a Ferry and Island Service and actual ferry charge will be advanced by carrier and billed to customer as an Advanced charges.
Section 15. Rigging, Hoisting or Lowering
If, in the judgment of the carrier, it is necessary to use rigging, hoisting, or lowering services in order to accomplish the pick-up or delivery of the shipment (or any portion thereof), the carrier will perform such services. If carrier is unable to furnish or secure the equipment or qualified personnel, customer will be responsible for arranging such service. The actual charge for Rigging, Hoisting or Lowering Services performed by a third party will be advanced by carrier and billed to customer as an Advanced charge.
Section 16. Shuttle Service
- Shuttle Service may be provided either:
- Upon request of the customer;
- Where it is physically impossible, for carrier to perform pick-up of the shipment at the origin address or to complete the delivery of the shipment at the destination address with normally assigned road haul equipment; or
- Where customer’s requested service requirements make it impractical for carrier to directly pick-up or deliver a shipment at the origin address with carrier’s road haul equipment. In all three circumstances, Shuttle Service shall not be considered for carrier’s sole convenience. For clarity, if Shuttle Service is applicable to a shipment and based upon the presence of one or more conditions described in this paragraph, the date that the carrier transfers the shipment to/from the road haul equipment may, but is not required to be, the same date carrier picks-up/delivers the shipment from/to customer’s origin/destination (or Extra Stop) location.
- Shuttle Service includes carrier’s use or engagement of smaller equipment than its normal road haul equipment for the purpose, if possible, of transferring the shipment between the origin or destination address and a point of transfer to or from the road haul equipment. Shuttle Service may also include, but is not limited to, the truck-to-truck transfer of the shipment between the smaller equipment and the road haul equipment.
Section 17. Waiting Time
Charges for Waiting Time are applicable on an hourly basis for each vehicle, driver and helper (including co-drivers and permanent helpers) furnished by carrier when carrier provides Waiting Time service, except when Waiting Time is required at sole convenience of carrier.
Section 18. Packing and Unpacking Services
- Except as otherwise provided, charges for services provided by carrier under this provision are applicable at the location where service is provided and include Packing, Unpacking, Debris Removal, Crating or Uncrating services for some or all of the articles in a shipment, subject to the following:
- Local moves packing and unpacking services are calculated by hourly rate and charges for packing materials.
- Long distance and International moves Packing Services include all cartons and packing material, furnished by carrier and labor for packing of such cartons and crates, but does not include Crating Service.
- Long distance and International moves Unpacking Service includes labor for unpacking of cartons and crates and contemporaneous debris removal of cartons and packing materials for cartons packed by carrier.
- Title to all cartons and packing materials furnished passes to the consignee at the time and point of delivery of the shipment.
- Rates are not applicable for cartons or crates that are supplied but not packed by carrier.
- Charges are applicable only for cartons that are furnished and Packed or Unpacked by carrier. Extra Labor rates are applicable for Packing and/or Unpacking of cartons furnished by customer.
- Customer’s initial election of either Full Service or Custom Service Packing and/or Unpacking prior to the commencement of packing shall control the characterization of the packing and/or unpacking service provided by carrier and applicable charges. The characterization of the packing service and associated charges shall be fixed and may not be changed after commencement of loading by carrier.
- Full Service Packing and/or Unpacking Service is applicable when carrier packs and/or unpacks all of the household goods items that require packing in a shipment.
- Custom Service packing and/or unpacking is applicable on a per carton basis when customer requests that carrier pack and/or unpack only a portion of the household goods items in a shipment.
Section 19. Debris Removal
- Debris Removal Service is applicable when carrier returns to the delivery address to remove cartons on a date that falls after the date carrier unloaded the shipment. Charges for Debris Removal Service apply on a flat charge basis.
- The Debris Removal Service charge is not applicable when Debris Removal Service is contemporaneously performed by carrier in conjunction with a Full Service or Custom Service unpacking service.
- Debris Removal Service must be performed within 30-days of date shipment was first unloaded by carrier at destination address.
Section 20. Crating
- Crating Service is applicable when carrier provides crating and/or uncrating specifically for mirrors, paintings, glass or marble tops and similar fragile articles. Crating Service charges are based on the gross measurement of the crate. If the carrier does not possess qualified personnel to construct crates, at the request of customer carrier may engage a third party to construct such crates. All charges for third parties will be invoiced as Advanced charges and are applicable in lieu of Crating Service charges for crating and are in addition to Crating Service charges for Uncrating performed by carrier, if any.
- A four cubic foot minimum applies to Crating Service charges.
Section 21. Inspection of Location and Articles
- Upon arrival to a location, the Carrier reserves the right to inspect the location for any obvious existing damage such as marks, scratches, dents and/or holes.
- Carrier reserves the right to inspect the contents of cartons, packages, and/or Motor Vehicle(s), including the contents of any cartons or packages carrier views within the Motor Vehicle(s) be inspected, carrier shall make or cause such inspection to be made, or require other sufficient evidence to determine the actual character of the property.
- Carrier reserves the right to inspect, take notes or pictures of any other articles for any obvious existing damage such as marks, scratches, dents and/or holes.
- As part of the inspection process, all mattresses to be moved must be clear of all linens, sheets, blankets, and any other covering materials. This is to facilitate the proper and thorough inspection of the mattress, and ascertain its condition prior to the provision of our moving services.
- If, for any reason, a mattress is presented for transport without being cleared as per sec. 22 p.4, and our inspection cannot be thoroughly carried out, the carrier will not be held liable for any subsequent damage claims relating to the condition of that particular mattress.
- The client hereby acknowledges that such circumstances exempt the carrier from responsibility due to the uncertainty of when the damage might have occurred. It is the client's responsibility to ensure that the condition of the mattress is ready for inspection before the moving services commence.
- For the avoidance of doubt, this section applies to all mattresses included in the moving service, regardless of size, type, or material composition.
Section 22. Long Carry Situations
If articles must be carried more than 75 feet between the carrier's vehicle and the door of the individual living unit, the customer may be charged in addition to all other applicable rates and charges.
Section 23. Stairs and Elevators
If stairs or elevators are used at the point of pickup or delivery, the customer may be charged in addition to all other applicable rates and charges.
Section 24. Storage in Vehicle
- Storage-in-Vehicle (SIV) is temporary storage of a shipment that remains on or in the carrier's vehicle (van or trailer) instead of being placed in a warehouse. This service is provided at the carrier's convenience.
- The customer may request, and the carrier may offer, SIV when:
- 2.1. The shipment will remain in SIV for not more than a total of 15 days. If SIV is needed for longer than 15 days, the carrier and customer must agree on the length of the extension.
- 2.2. The vehicle containing the customer's shipment will be parked in a safe, secured area at all times.
- 2.3. The vehicle will be securely locked at all times.
- 2.4. The vehicle used is in good repair, not subject to leakage, pilferage or entry by insects or vermin.
- 2.5. The carrier accepts responsibility for any loss or damage occurring while the shipment is in SIV. Reimbursement is determined based on the valuation option selected by the customer on the bill of lading.
- No handling in or handling out charges apply.
- A notation must be made on the bill of lading or estimate showing the customer agrees to SIV, and the rate agreed upon.
Section 25. Storage: Permanent and In-Transit
- Carrier may provide permanent storage services for the customer, when agreed in advance before the loading date. Additional charges related to permanent storage fee will apply.
- If for any reason other than the fault of carrier, delivery cannot be made at the address shown on the face hereof, or at any changed address of which carrier has been notified, carrier, at its option, may cause articles contained in shipment to be stored in a warehouse selected by it at the point of delivery or at other available points, at the cost of the owner, and subject to a lien for all accrued tariff charges.
- If, through no fault of the carrier, the articles cannot be delivered, the carrier shall immediately give notice to the customer and consignee that delivery cannot be made and shall request disposal instructions.
- The articles may be stored in the warehouse of the carrier, subject to a reasonable charge for storage.
- If the carrier has notified the customer of this intention, the articles may be removed to and stored in a public or licensed warehouse at the expense of the customer, without liability on the part of the carrier, and subject to a lien for all freight and other lawful charges, including a reasonable charge for storage.
- If the customer rents, leases or otherwise provides a storage unit independent of the carrier and requests the carrier deliver the articles to the customer-provided storage unit, the carrier’s liability ends at the delivery. The storage unit becomes the final destination.
Section 26. Cartage
Cartage is the transportation of the shipment from residence to Permanent storage or SIT, or from Permanent storage or SIT to residence when the distance between Permanent storage or SIT and residence is 30 miles or less. In case of cartage customer is charged a flat amount based on the weight of the shipment, or portion thereof, that is being picked up or delivered.
Section 27. Storage: Permanent and In-Transit Payments
- Carrier will bill and collect all charges related to Permanent storage and SIT at origin upon completion of such storage. If a shipment is placed in Permanent storage and SIT at destination, all charges incurred prior to delivery into storage, including the cost of placing the articles into storage, are due at the time of storage.
- If required by the carrier, the freight and all other lawful charges accruing on the articles shall be paid before delivery but, if the total charges exceed the estimated charges by more than 10 per cent and if the excess charges are for additional or different articles or services from those to which the estimate applied, the customer, shipper, consignee shall pay the difference between the estimated and total charges within 15 days, excluding Saturdays, Sundays and other holidays, after delivery.
- The 15-day extension in paragraph 2 does not apply if the carrier notifies the customer of the total charges immediately after the articles are loaded or if the customer signs a waiver of the extension.
- If upon inspection it is ascertained that the articles shipped are not those described in the contract of carriage, the freight charges must be paid upon the articles actually shipped with any additional charges lawfully payable on the freight charges.
- If a customer does not indicate that a shipment is to move prepaid, or does not indicate how the shipment is to move, it will automatically move on a collect basis.
- Warehouse handling in or out additional charges may apply each time Permanent storage and SIT service is provided, unless otherwise agreed by customer and carrier.
Section 28. Refusal of Shipment
- If shipment is refused by consignee at destination or at any other stage of the move, or if the shipper, consignee or owner of property fails to receive or claim it within thirty (30) days after written notice by Canada mail addressed to shipper and consignee at post office addresses shown on the face hereof, or if the shipper fails or refuses to pay applicable charges in accordance with carrier's applicable rates, carrier may sell the property at its option, either (a) upon notice in the manner authorized by law, or (b) at public auction to the highest bidder for cash at a public sale to be held at a time and place named by carrier, thirty (30) days notice of which sale shall have been given in writing to the shipper and consignee and there shall have been published at least once a week for two consecutive weeks in a newspaper of general circulation at or near the place of sale. The notice thereof shall contain a description of the property as described in the Bill of Lading, and the names of the customer and consignee. The proceeds of any sale shall be applied towards the payment of expenses of notice, advertising and sale, and the charges applicable to the shipment as well as any charges for storing, caring for and maintaining property prior to sale.
- The balance, if any, shall be paid to the owner of property.
- Any perishable articles contained in said shipment may be sold at public or private sale without such notices, if, in the opinion of carrier, such action is necessary to prevent deterioration or further deterioration.
Section 29. Claims
- No carrier is liable for loss, damage or delay to any articles carried under the contract of carriage unless notice of the loss, damage or delay setting out particulars of the origin, destination and date of shipment of the articles and the estimated amount claimed in respect of such loss, damage or delay is given in writing to the originating carrier or the delivering carrier within 30 days for local moves and 60 days for long distance or International moves after the delivery of the articles.
- The final statement of the claim must be filed within nine months after the date of shipment, only in case of failure to make a delivery.
- The originating carrier or the delivering carrier, as the case may be, shall acknowledge receipt of the claim within 30 days after receipt.
- Where a claim is not filed or suit is not instituted thereon in accordance with the foregoing provisions, carrier shall not be liable and such claim will not be paid.
- After the customer file a claim, the carrier shall take no longer than 3 month to analyse and make final decision on customer’s claim.
- In order to proceed with the claim process customer must pay the full amount of the moving service charges.
Constructive Weight of Packed Interior Shipping Containers
When the liability of mover is to be measured by the weight of the article lost or damaged and the article is packed in an interior shipping container, in the absence of specific evidence to the contrary, such interior shipping container will be deemed to have the following weight:
Container Weight per Container (In Pounds) DRUM, DISH-PAK 60 60 CARTONS Less than 1½ cu. ft. 20 1½ - Less than 3 cu. ft. 25 3 - Less than 4½ cu. ft. 30 30 4½ - Less than 6 cu. ft. 35 6 - Less than 6½ cu. ft. 45 6½ cu. ft and over 50 50 Wardrobe carton 50 Mattress or box-spring carton (Not exceeding 54” x 75”) 60 Mattress or box-spring carton (Exceeding 54” x 75”) 80 Crib mattress carton 22 Mattress or box-spring carton (Not exceeding 54” x 75”) 60
NOTE 1: Cartons containing books or phonograph records will be deemed to weigh 50 pounds.
NOTE 2: Cartons containing lampshades will be deemed to weigh 10 pounds.
NOTE 3: Items not identified on the inventory as to contents will be settled by using the heaviest weight on the schedule for the container.
Section 30. Dangerous Goods
Every person, whether as principal or agent, shipping dangerous goods without previous full disclosure to the carrier as required by law shall indemnify the carrier against all loss, damage or delay caused by the failure to disclose and such goods may be warehoused at the customer’s risk and expense.
Section 31. Weights
- It shall be the responsibility of the originating carrier or such carrier’s agent to show on the contract of carriage the correct tare and gross and net weights by use of a certified public scale and to attach the weight scale ticket to such carrier’s copy of the contract of carriage.
- If there is no certified public scale at the place of origin or within a radius of 16 kilometers of the place of origin, the gross weight shall be deemed to be 247 pounds per cubic metre of properly loaded van space.
- This provision applies to long distance or international moves.
- The customer may request the carrier reweight the shipment before delivery.
- The customer is responsible for paying for the scale fees. The carrier must obtain a scale fee receipt. A copy of that receipt must be given to the customer and a copy must be attached to the records maintained by the carrier.
- Before weighting the shipment, the carrier must notify the customer of the cost of reweighting.
Section 32. Deposit
- Bookings are secured when the consignee pays to the carrier a non-refundable deposit. These non-refundable deposits must be paid no later than 48 hours after the service has been ordered, or the booking will be subject to cancellation. Please note, the consignee's deposit is calculated based on a standard fee that is equal to 20 percent of the provided estimate.
- Jobs that are cancelled with five or less business days of notice will lose their deposit. Jobs that are rescheduled with less than 72 hours notice will lose all deposits in addition to being subject to a $50.00 administrative fee, and will be dependent on availability. Jobs that are rescheduled with at least 72 hours notice will incur a $50.00 administration fee, and requested dates are subject to availability. Job cancellations require at least 5 business days’ notice. Any cancellation with less than 5 business days’ notice will lose their full deposit.
- Short notice moves are scheduled within 72 hours or less of a move. Short notice moves are dealt with on a case-by-case basis. Deposits on short notice moves must be paid within 2 hours of ordering the service, or the booking is not guaranteed.
- For the Long distance and International moves client agrees to pay $400.00 booking fee and 20% amount from the total estimated amount within 24 hours after the loading day is over. These payments shall be deducted from the total amount after the delivery, unless agreed otherwise.
Section 33. Payments
- Payments must be made in full and at least 1 hour prior to completion of the job for local moves and prior to the delivery (24 h before the delivery) for Long distance moves.
- For International/Overseas Moves payments must be made in full 24 hours prior to the shipment dispatch from our warehouse.
- For every International/Overseas Moves, with no exclusions, the following payment structure will be applied:
- 25% Deposit (Before Pickup)
- 25% After pickup
- 50% 24 hours prior to the shipment dispatch from our warehouse.
- In case of customer’s refusal to make a payment for the moving service charges carrier shall use SIT option until further notice, which will be subject to additional charges.
- Payment shall be in the form of Cash, interac E-transfer, Credit Card, Debit card, Certified Cheque or Bank Draft.
- The main operating currency is a Canadian dollar. Carrier accepts other currency payments, however additional exchange and other banking fees may apply.
- Convenience fee of additional 2% will apply when paying with a credit card.
- In case the customer overpay or pay multiple times for the same job, carrier will reimburse the difference within 72 after notice about such payment.
- Customer shall be prepared to pay 10 percent more than the binding estimated amount at the time of the delivery. If the total charges exceed the binding estimated charges by more than 10 percent and if the excess charges are for accessorial, advanced, additional services or different articles from those to which the estimate applied, the customer, shipper, consignee shall pay the difference between the estimated and total charges within 15 days, excluding Saturdays, Sundays and other holidays, after delivery.
The 15 day extension in paragraph 9 does not apply if the carrier notifies the Customer of the total charges immediately after the articles are loaded or if the Customer signs a waiver of the extension.
- Customer must be prepared to pay the full amount for the moves with non-binding estimate. For non-binding estimated moves the final costs are based on the actual weight of the shipment and actual services provided at the time of the move.
- By Highway Traffic Act - ONTARIO REGULATION 643/05 CARRIAGE OF GOODS 3.14:
"If the total charges exceed the estimated charges by more than 10 per cent and if the excess charges are for additional or different goods or services from those to which the estimate applied, the customer shall pay the difference between the estimated and total charges within 15 days, excluding Saturdays, Sundays and other holidays, after delivery."
Section 34. Interest of Overdue Accounts
All charges not paid within 7 days of the date of invoice will be subject to the following conditions:
- A service charge equal to 4.5% (54% per year) of the outstanding amount will be assessed subject to a minimum charge of $6.50 per bill of lading for each 30 day period or portion thereof that such amount is outstanding;
- All charges accruing under this item are to be paid for by the party responsible for the payment of the transport charges.
Section 35. Dispute Resolution
In the event of a breach or dispute that cannot be resolved without third party intervention, the parties agree to resolve their dispute in arbitration. The prevailing party will have a right to be reimbursed for legal fees and costs for enforcing its rights under this bill of lading.
Section 36. Overtime, Holidays and Weekends
- Carrier reserves the right to cease or charge additional fee any move that takes longer than 9 hours or/and starts at 22:00 pm on weekdays and 23:00 pm on weekends or Provincial/National holidays. Such moves constituted as overtime moves.
- Overtime moves rate are 1.5 times higher than originally concluded rate.
Section 37. Health and Safety
- The Company reserves the right to cancel a move if any conditions are deemed unsafe and/or unhygienic.
- Absolutely all mattresses without exclusion, have to be protected by a mattress bag, for hygienic and health protection purposes. The company equipped every truck with extra mattress bags, in case of customer didn't purchase their own, there is a $ 25.00 charge for purchasing mattress bag.In case of the absence of a mattress bag, the company will reserve the right to refuse shipment of the unprotected mattress.
- It is the client’s responsibility to have all driveways, stairs, and walkways cleared of snow, ice, and sleet prior to the movers’ arrival. Failure to do so may result in Hercules Moving Company personnel having to remove the snow, sleet and ice; such a removal will result in an additional service charge of $300 or more.
- It is the customer's responsibility to ensure that the access to the building is safe, clean, and free of obstacles. In the event that the area needs to be decluttered or organized to facilitate the move, additional fees will apply. These fees will be calculated at the hourly tariff rate applicable on the day of the move.
Section 38. Security and Harassment of Employees
The Company reserves the right to cancel a move if the customer use inappropriate language, gestures or other actions to abuse company employees.
The Company reserves the right to refuse to communicate with the customer in case of use of inappropriate language, gestures or other actions to abuse company employees.
Section 39. Governing Law
This bill of lading is to be governed by, construed under and interpreted in accordance with the laws of the Province of Ontario, Canada.
NOTE: Carrier's charges contains a minimum weight provision. The specific minimum weight is shown on the face hereof. Shipments weighing less than that minimum will bear charges based on that minimum weight.
THE CARRIER'S LIST OF CHARGES ARE AVAILABLE FOR INSPECTION AT THE CARRIER’S GENERAL OFFICE AT HERCULES MOVING COMPANY, 1008 MAGNETIC DRIVE, NORTH YORK, ON, M3J 2C4, CANADA OR ON THE OFFICIAL WEBSITE www.herculesmoving.ca.