TERMS AND CONDITIONS FOR QUICK AND CAREFUL MOVING LLC
“QCM” refers to Quick and Careful Moving LLC. “Customer” refers to any person who may receive, delegate, or request service from QCM. “Parties” refers to QCM and Customer. These terms and conditions are subject to amendment, change and addenda, immediate effective upon publication on www.qcmoving.com. These terms and conditions are part and parcel, by reference hereto, of any Work Order, Estimate, Contract or Purchase Order entered into between the Parties (“Agreement”). These terms and conditions outline the liability, exclusions, and cost controls of the upcoming scheduled move between the Parties. In order to receive service, Customer can either sign, or reply in writing, electronically via e-mail referencing the written order, that Customer formally agrees to the terms and conditions of the QCM Agreement. Parties are urged to read it carefully, as it covers important information regarding QCM service.
Liability Exclusions QCM reserves the right to separate the coverage rate from all other billable rates, and in exercising this right has clearly stated the level of damage coverage for this job. Customer agrees to resolve any disputes beyond the insurance coverage applied to this service. For any such service, where Customer’s belongings are not loaded into QCM’s moving truck, Customer acknowledges that QCM has no liability for damages. QCM provides no service for movement of cash currency. QCM’s liability ends immediately upon jobsite departure. QCM carries no liability for nor provide cargo damage coverage, cargo insurance, or any resolution for damage in transit for a shipment in which QCM is not the transporter. There are no exceptions to the previous statement which is regarding a “load only” service, when QCM loads a third party vehicle or container that will not be transported under full control of QCM. Customer waives claim for damage due to any accident or incident, whether QCM loaded belongings in it or not, in the following: moving truck, container, portable storage unit, P.O.D., ABF trailer, rental vehicle, Customer-owned vehicle, or similar.
Indemnity Customer hereby indemnifies and agrees to defend and hold QCM, and any of its agents, harmless against any and all losses and liabilities, including but not limited to costs, expenses, attorneys’ fees, fines, damages, injuries, claims, demands, causes of action, and lawsuits of any kind (other than for gross negligence), in any way arising from, as a result of, in connection with QCM’s service, including without limitation, customer breach of his or her obligations pursuant to the Agreement.
Governing Law The Agreement shall be governed by and construed in accordance with the laws of the State of Michigan and, as applicable, the Federal Motor Carrier Safety Administration, Department of Transportation. Customer knowingly and voluntarily waives customer’s right to a trial by jury with respect to any claims, dispute, or conflict with QCM.
Entire Agreement The Agreement constitutes the sole and entire agreement between Customer and QCM with respect to QCM’s rendered service. The Agreement will supersede all prior oral or written discussions, representations and warranties, both written and oral with respect to that subject matter. No verbal or unwritten estimates are enforceable. The Parties should insist that all commitments be reduced to writing. To manage and adjust any time restrictions, spending limits, start times, end times, total service of QCM, or bill totals, the same must be expressly stated in writing and agreed to by the Parties. Upon any occurrence, traffic incident, or disputes resulting in damage or injury, no matter the distance of the move, Customer agrees to remit payment in full to QCM, immediately, upon completion of service delivered by QCM, in spite of alleged loss or damage suffered or because Customer perceives that Customer did not receive the quality of service to which Customer was purportedly entitled, all pursuant to Federal Law. The Parties agree that there exists no right of setoff or recoupment.
Professional Discretion QCM reserves the right to refuse any task or job if a QCM employee or personnel find it as a concern of health, safety, legality, or otherwise at QCM’s sole discretion.
Default Liability Coverage QCM shall only be held liable for damages caused by QCM employees, with a liability limit of up to sixty (60) cents per pound in weight of the damaged item(s). Additional liability can be assumed, contractually, by QCM if, and only if, (a) QCM the additional liability coverage is arranged prior to the service in writing; and (b) QCM thereafter transports the shipment as set forth in this Agreement. Items that are valued at $100 per pound or greater are not covered by QCM unless listed, in writing, jointly, on QCM’s High Value Inventory Form (“HVI Form”). Sentimental value, age, and original purchase price of the item(s) do not increase or determine value to any damage claim on any item. All damage claims revert to the current market value of the item(s) in the condition, as established, that they were prior to damage, if caused by QCM. The Parties agree that any dispute of this damage nature will be resolved, by an unbiased party (“Appraiser”), selected by the Parties, whose job description and skills include estimating value and appraisal of furniture, property, antiques, artwork, collectibles, vehicles, or any other appropriately described items, whichever is applicable at the time. If the Parties cannot agree upon such Appraiser, each will select an unbiased party, who then together will select an autonomous third party to act as Appraiser.
Damage Resolution Process If Customer observes damage and is certain it was caused by activities of QCM, Customer should report this to the representative of QCM on site, or telephone, or email QCM firstname.lastname@example.org forthwith upon discovery. Addressing the same during the time that QCM is on site and otherwise providing service will greatly increase QCM’s ability to confirm with Customer the origin of the damage, assume responsibility for the damage and possibly assure no additional damage. Unless done so by QCM’s representatives, Customer is required to immediately capture and submit close up digital photographs, as well as, if possible, at least one clear zoomed out version. In written communications from Customer to QCM, please provide the make, model, item description, and additional comments to describe the damaged item. Once Customer has reported the incident to the QCM representative on site, it will be the requirement of the QCM representative to complete a Damage Claim Form and provide Customer with a copy. At the end of the moving service, please walk through the premises when items were delivered with the QCM moving crew to discuss or inspect all potential claim for damages, which must include any furniture item(s) with a total replacement value of $400 or greater. This “walk through” jointly conducted between the Parties must be done prior to departure of QCM’s representatives and must include inspection of all glass, electronics and televisions, furniture, artwork, wall hangings, exercise equipment, as well as the condition of the premises, including railings, chandeliers, walls, doorways, and other items. The failure to conduct such an inspection, jointly, at the end of the QCM service, repairs or claims made to QCM may not be approved, since the walkthrough must be done prior to QCM’s departure in order to verify factual occurrences and make a claim. Customer may not receive compensation for repairs or damages discovered after the QCM crew has departed, without providing irrefutable evidence that the damage was caused by QCM. All claims for value must be substantiated by a current market valuation. Upon request and discussion by Customer, QCM provide the form for High Value Inventory and require Customer’s signature for acknowledgement. The failure to do so will result in a claim reduction or rejection, in total. Regardless of whether or not replacement parts for a damaged item are available, QCM reserves the right to offer cash, repair, or replacement, at QCM’s discretion. Should a dispute arise regarding which repair person or company should be contracted to repair a damaged item or resolve a claim, QCM reserves the right to offer cash value for the lowest bid for the damaged item and it believes the repair can be done in a satisfactory manner, QCM will not be obligated for an amount greater than that estimate. Should a used item show evidence that it was not in “mint” condition prior to damage occurring, QCM will not be obligated to pay an amount greater than 120% of the cash value of a comparable model and condition. QCM reserves the right, at its sole discretion, to resolve and handle a Customer claim without first submitting an insurance claim to QCM’s insurance carrier. If an item had various pre-existing defects, including but limited to scratches, discolorations, indentations, or imperfections, QCM shall not be held liable for, nor will QCM have any obligation to compensate for the repair of pre-existing defects. QCM reserves the right to offer a maximum of $7.50 per scratch or a maximum value of $30 per case should QCM determines partial damage is pre-existing.
QCM, its representatives, employees, managers, partnered companies, and all other direct or indirect affiliations, shall not be held liable for the following:
- Pre-existing damages and/or damages that resulted partially or entirely because of pre-existing damages.
- Frictional damage occurring as a result of an item not dimensionally fitting through Customer requested doorway(s) or space(s).
- Items that were not assembled or installed in accordance with their instruction manual or that can move in a back and forth motion that would not normally function that way in new condition.
- Liquids or damages from liquid (especially damages caused by: gasoline, alcohol, detergents, and hazardous materials).
- Items or issues that arise when proper disassembly or reassembly cannot occur because the hardware, threads, screws, or parts have been worn, are missing, or stripped.
- Damage caused inside of a box not packed by QCM, including, but not limited to, those, whether packed by Customer or not, such as, newsprint, newspaper, cardboard, dish packs with cells, glass physically touching other glass or solid items, boxes caving in, especially when not packed 100% full, are partially wet, damaged prior to handling and/or not taped thoroughly.
- Damage, injury, or any incident occurring after QCM representatives depart from Customer’s location, after the moving truck’s cargo door(s) have been closed, payment is made, signature by Customer is received, or at 11:59 P.M. on the move date specified herein, whichever occurs first.
- Any single item, with current value greater than $1,000, must be individually, listed prior to Customer’s move, on HVI Form, in order for the current replacement value coverage to be verifiable, without dispute.
- “Ball park estimates”, oral or verbal estimates of any kind, or others not based on an in premises assessment are UNENFORCEABLE. Written estimates are voided, incomplete or subject to change, in the event that the terms and conditions anticipated by the Parties change, which may include, without limitation, a change in Customer’s list of items to be moved or other unforeseen circumstances such as, significant traffic, building elevator malfunction, abnormal walking distance, , and delay in the delivery date for unload after QCM comes into possession of the shipment.
- Customer waives any claim for emotional harm or sentimental attachment to Customer property. To the maximum extent allowed by applicable law, Customer waives all claims for consequential, special, punitive, and incidental damages that might otherwise be available to the customer. Customer agrees that QCM’s total liability to Customer, or to those claiming through Customer, for all losses, damages, and causes of action [in contract, tort (including without limitation, negligence), or otherwise] shall never exceed the amount Customer paid to QCM for service.
Certain property shall have reduced handling coverage for any claims resolution:
- Damages caused when items do not fit through door openings where basic disassembly isn’t an option. (QCM coverage may be reduced by 50% or more of current value)
- Items or damage where rooftops, balconies, overhangs, or windows are involved in moving an item(s) through the space. (QCM coverage declined)
- “Load only Service” where Customer is responsible for providing furniture pads, load tie down straps, television boxes, specialized boxes, rope, tape, or other loading supplies or equipment, where such supplies could have prevented the damage or allowed for loading in a less risky manner. (QCM coverage declined)
- Damages caused as a result of pre-existing doorway damage, such as unavoidable sharp edges in the door openings that would be an exception to original installation. (QCM coverage may be reduced by 50% or more of current value)
- Lamps, plants, antiques, items not packed into a box, with cushioned material, fastened and “taped closed”, that could fit in a box, or items in a box not securely fastened and closed. (QCM coverage declined)
- IF CUSTOMER CHOOSES TO HAVE VOLUNTEER HELPERS AT THE TIME OF QCM’S SERVICE, SUCH AS FRIENDS, FAMILY, NEIGHBORS, OR ANYONE OTHER THAN QCM REPRESENTATIVES INVOLVED WHILE QCM IS PROVIDING SERVICE, INTENTIONAL OR UNINTENTIONAL CONFLICTS OF VIEWPOINT AND CAUSE ARE LIKELY TO OCCUR. CUSTOMER ACKNOWLEDGES THAT IF A SITUATION ARISES, DUE TO RESULT OF SUCH CONFLICTS, RESULTING IN WALL, DOORWAY, RAILING, CARPET, PROPERTY, OR A RELATED INCIDENT DAMAGE, COVERAGE WILL LIKELY BE UNRECOVERABLE.
Cost Controls (the following are factors which affect the total time and cost of the move):
- Number of QCM representatives, as movers involved (2, 3, 4, or more).
- Number of truckloads/trips necessary to complete the move.
- Distance QCM representatives must carry each item (truck parking availability, length of hallways, etc.).
- Numbers of floors (with or without elevator) at each location to carry items up or down.
- Changes, since the written estimate, prior to service (quantity of items sold or added)
- Items that need packaging, preparation, disassembly and/or re-assembly by QCM
- Small items and/or boxes requiring QCM attention to handle, unbox, unpack items, removing stretch wraps, tape, folding pads, etc., thereby adding time to loading/unloading
- Items that do not fit, and not anticipated, through a door or space without disassembly.
- Miles traveled, ease of parking, parking tickets, and unforeseen weather and road conditions.
- Number of locations or stops involved, wait time for Customer arrival to a location QCM is to meet with Customer
- Doors and/or railings interfering with items fitting through a space.
- How quickly or accurately the QCM representatives can be given unloading directions at the destination.
- QCM wait time, through no fault of QCM, during Customer’s lease signing, storage unit accessibility, or Customer payment processing
- Time and effort to move items out of the way to assemble or disassemble other shipped items.
- Travel times from QCM’s office and back to QCM’s office are included in total billable hours.