Damage Waiver and Release
DAMAGE WAIVER AND RELEASE. I acknowledge that packing, loading, transporting, and unloading property creates certain risks to my property, myself, and anyone present at locations being serviced. Property and items may be broken, dropped, scraped, torn, scratched, lost, or otherwise damaged. No liability shall be provided for the mechanical or electrical derangements of pianos, radios, clocks, computers, refrigerators, televisions, electrical devices, washers/dryers, or other instruments or appliances. The Company will also not be responsible for the risk or loss of cash, checks, documents, tickets, deeds, manuscripts, blueprints, plans, specifications, or other valuable papers. Neither jewels, jewelry, gems, precious metals, gold, silver or platinum articles (including household goods such as silverware, coffee service sets, trays, candlesticks, and dishes) watches, precious stones, pearls, furs or garments trimmed with fur, currency, money, bullion, bonds, notes, stock, stock certificates or other securities, accounts bills, bills of exchange, evidence of debt, credit cards, stamp-postage, stamp collections, revenue, trading-or letter or packets of letters not specifically listed on the shipping document by description and value. Or alcohol, prescription medications, damages to fur or items lined with fur, particleboard furniture, firearms and/or ammunition, and any other personal items of value. COMPANY STRONGLY RECOMMENDS THAT YOU PERSONALLY MOVE ITEMS OF SIGNIFICANT MONETARY OR PERSONAL WORTH.
Further, I further understand transporting or preparing to transport televisions, electronic devices, and home appliances is dangerous and could result in injury or damages. The Company will not be responsible for electrical and mechanical functions and/or damages of the items moved, as their condition before the moving services took place cannot be determined. Items may have been previously installed improperly; they may be worn out by time or use or may have unseen damages because of flooding, electrocution, or fire. I agree that the installation of home appliances and re-connecting/mounting electronic devices is my personal responsibility. I understand installation of home appliances or re-connecting/mounting electronic devices is not the responsibility of the Company. Services do not include the removal (or installation) of items secured to the premises. Any assistance given is only by courtesy. COMPANY STRONGLY RECOMMENDS THAT YOU HIRE A PROFESSIONAL SERVICE PROVIDER TO INSTALL ALL ELECTRONIC DEVICES AND APPLIANCES.
I, for myself, my heirs, successors, executors, and subrogates, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS COMPANY, its directors, officers, agents, employees and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees) for damages to my property or person resulting from COMPANY’S NEGLIGENCE during the move or resulting from an improperly installed home appliance.
Except when transportation is performed under the tariff, the following CONTRACT TERMS AND CONDITIONS apply to all transportation performed by carrier in addition to all other rules, regulations, rates, and charges in this and other applicable tariffs, which are available for inspection at the location(s) specified by the carrier. This contract is subject to all the rules, regulations, rates and charges in carrier’s currently effective applicable tariffs including, but not limited to, the following terms and conditions:
SECTION 1: The carrier or party in possession shall be liable for physical loss of or damage to any articles from external cause while being carried EXCEPT loss, damage or delay caused by or resulting: (a) From an act, omission or order of shipper; (b) From defect or inherent vice of the article, including susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes therein; c) From (1) hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack (A) by any government or sovereign power, or by any authority maintaining or using military, naval or air forces; or (B) by military, naval or air forces; or (C) by an agent of any such government, power, authority or forces; (2) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (3) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating, or defending against such an occurrence; (4) seizure or destruction under quarantine or customs regulations;5) confiscation by order of any government or public authority; or (6) risks of contraband or illegal transportation or trade. (d) From terrorist activity, including action in hindering or defending against an actual expected terrorist activity. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. The term `terrorist activity’ means any activity which is unlawful under the laws of the United States or any State and which involves any of the following: (1) the hijacking or sabotage of any conveyance (including an aircraft, vessel, cab, truck, van, trailer, container or vehicle) or warehouse or other building; (2) the seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained; (3) an assassination; (4) the use of any (A) biological agent, chemical agent, or nuclear weapon or device, or (B) explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with intent to 3 endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property; or (5) a threat, attempt, or conspiracy to do any of the foregoing. e) 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. (f) From Acts of God. SUBJECT, in addition to the foregoing, to the further following limitations on the carrier’s or the party’s in possession liability; The carrier’s or the party’s in possession maximum liability shall be: 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 an agreed-upon value protection in bill of lading, or
SECTION 2: 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 or 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 said property by any carrier or route between the point of shipment and the point of destination.
SECTION 3: (a) 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 because of a shipment in accordance with applicable tariffs including, but not limited to, sums advanced or disbursed by a carrier because of such shipment. 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. (b) The shipper shall indemnify the carrier against loss or damage caused by inclusion in the shipment of explosives or dangerous articles or goods.
SECTION 4: If for any reason other than the fault of carrier, delivery cannot be made at 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 shipments 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.
SECTION 5: If shipment is refused by consignee at destination, or if shipper, consignee or owner of property fails to receive or claim it within fifteen (15) days after written notice by United States mail addressed to shipper and consignee at post office addresses shown on face thereof, or if shipper fails or refuses to pay applicable charges in accordance with carrier’s applicable tariff, carrier may sell the property at its option, either (a) upon notice in the manner authorized by law, or (b) at public auction to 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 shipper and consignee, and 4 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, a notice thereof containing a description of the property as described in the bill of lading, and the names of the consignor and consignee. The proceeds of any sale shall be applied toward payment of tariff charges applicable to shipment and toward expenses of notice, advertising and sale, and of storing, caring for and maintaining property prior to sale, and the balance if any shall be paid to owner of property; PROVIDED that 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 6: As a condition to precedent to recovery, a claim for any loss or damage, injury or delay, must be filed in writing with carrier within ninety (90) days after delivery to consignee as shown on face hereof, or in case of failure to make delivery, then within after a reasonable time for delivery has elapsed; and suit must be instituted against carrier within two (2) years and one (1) day by carrier to the claimant that carrier has disallowed the claim or any part or parts thereof specified in the notice. Where accordance with the foregoing provisions, the carrier shall not be liable and such a claim will not be paid.