CONTRACTUAL AGREEMENT– PLEASE READ CAREFULLY.
These Conditions of Contract shall apply to all contracts in respect of which the
Customer has requested Commonwealth Moving & Logistics to arrange for the carriage
of Goods or the performance of other work or services on its behalf.
1. DEFINITION CLAUSE
IN THIS AGREEMENT
“Customer” shall mean the person who requests Commonwealth Moving & Logistics to
arrange for the carriage of goods or for the performance of other work or services on
its behalf. By entering into this contract the Customer also accepts these terms and
conditions on behalf of all other persons on whose behalf the Customer is acting and
where the Customer is an incorporated body, the directors of the Customer guarantee
its performance.
“Commonwealth Moving & Logistics or CML” includes employee, agents and sub-
contractors of Commonwealth Moving & Logistics.
“Goods” shall mean House goods, office furniture excluding heavy machineries in
which the CUSTOMER has requested to be carried or arranged to be carried.
“Person” shall include any employee or agent or “Associate” of that person.
2. TERMS RELATING TO THE CARRIAGE OF GOODS
2.1. The Customer expressly warrants that the Customer is either the owner or the
authorized agent of the owner of any Goods or property, the subject matter of
this contract.
2.2. Goods are accepted by CML on the condition that they comply with the
requirements of any applicable law relating to the nature, condition and
packaging of the Goods. All packaged goods are fully described in writing on
all relevant paperwork, including their name and nature.
2.3. The method, route, and time by which the work or services under this contract
are performed shall be at the absolute discretion of CML. Unless it has been
specifically agreed otherwise in writing in CML’s Quotation, other
space/volume/capacity on CML vehicles and/or the container may be utilized
for consignments of other customers.
2.4. The Customer shall be present at all times during the move or the service.
Where Customer is unavoidably absent, Customer shall provide an authorized
representative who will be responsible for ensuring that the correct goods are
loaded and whether or not such a representative is provided, the Customer shall
pay all additional charges whatsoever resulting from the movement of incorrect
goods or non-movement of goods that the Customer intended to have moved.
2.5. Where there is no-one in attendance at the place for delivery of the Goods, CML
shall be entitled at its discretion to leave the Goods at that place or to return
at a later time until delivery is effected, storing the Goods at any convenient
place in the meantime, and the Customer agrees to pay any additional charges
incurred thereby CML.
2.6. Arrival Windows
CML will give Customer an estimated window of arrival. CML will do everything
to make sure that we arrive there within that window, but please remember
that the window of arrival time is an estimate and cannot be guaranteed. Where
CML is running early or late, we will call Customer as soon as possible and let
Customer know. Arrival within 2 hours of the booked start time can be
1expected, particularly for afternoon bookings and during peak times. No
discounts or refunds will be provided due to late arrival.
3. FEES AND CHARGES
3.1. CML prices are usually charged on an hourly rate except where a flat rate is
agreed. The fees are inclusive of Good and Service Tax.
3.2. CML’s rates start once movers arrive at pick-up location until the job is
completed.
3.3. An arrival fee applies to all move or services. This caters for the travel time it
takes us to get from CML’s base to Customer’s pick-up address. We only apply
this small amount of travel time to cover the cost of time and fuel expenses to
travel to Customer’s pick-up address.
3.4. All relocations incur a 2-hour minimum.Services are pro-rated at 30-minute
after the first 2-hour minimum .
3.5. Any tolls or parking fines incurred during the move or service will be charged
to the Customer. Any waste disposal fees incurred during a move or service will
be charged to the Customer.
3.6. Pianos and Pool tables are specialty items that must be prearranged for a
distinct agreed sum. These items are strictly subject to approval.
3.7. Payment is due in full upon completion of the move or service on the day of
completion.
3.8. CML accept cash or card payments as forms of payment. Check and Paypal;
payments are not accepted.
3.9. All card payments incur a processing fee of 3.8% of the total charge for the
move or the services.
3.10. Please note that Customer’s credit card that was supplied at the time of
booking will be debited on completion of the move if no other payment form is
made.
3.11. CML shall have the right to defer or refuse delivery at the Customer’s expense
should it become apparent that the Customer is unwilling or unable to pay any
due charges in the required form or at the required place or time. CML’s Right
to Hold the Goods (lien) “Lien” is the legal right of the mover to hold goods
until the Customer has paid all outstanding charges. CML shall have a right to
withhold and ultimately dispose of some or all of the goods if Customer fails to
pay the charges and any other payments due under this or any other Agreement.
These include any charges that CML has paid out on Customer behalf. While CML
holds the goods Customer will be liable to pay all storage charges and other
costs (including legal costs) reasonably incurred by CML in recovering CML
charges and applying CML right of lien. These terms and conditions shall
continue to apply.
4. ESTIMATES AND QUOTES
4.1. All moving estimates given over the phone cannot be considered a fixed cost.
The minimum fee is not a fixed cost of the move.
4.2. If a fixed quote has been issued by our office, we reserve the right to amend
this quote where full disclosure of items moved change after the fixed quote
was issued and where there are any access issues that were not fully disclosed
at the time of the fixed quote was issued.
4.3. All fixed quotes will be paid in full 48 Hours before commencement of the move.
5. CANCELLATION POLICY
5.1. Any move canceled with less than 24 hours’ notice will incur a one-hour penalty
based upon the hourly rate quoted, that will be charged from the credit card
provided upon booking.
25.2. Any move canceled once our movers are en-route or onsite will incur the
minimum charge. This fee will be charged to the credit card provided as
security.
5.3. Moves can only be canceled during office hours 7:30-6 pm M-F, 8-3 pm Sat.
7.
6. VEHICLE SIZE
6.1. CML endeavors to always quote and supply the correct vehicle for Customer’s
move or service.
6.2. CML’s decisions are based on the information that has been provided by the
Customer over the phone or by email and where no inventory was provided or
items were omitted, CML will not be held responsible for the vehicle not being
able to accommodate all items in one trip.
6.3. It is the Customer’s responsibility to provide CML with adequate and accurate
information in relation to the goods being moved to ensure the appropriate
vehicle is provided by CML.
7. SPECIALIST ITEMS
7.1. Customer is to notify CML where any of the following items are part of the move
or the service: Double Door Refrigerator, Piano, Pianolas or Organs, Safes, Spas,
Items made from marble or granite, Commercial equipment, items such as
Fridges, Ovens, Pot Plants, Animal Enclosures, Fish Tanks, pressed furniture
wood, etc.
7.2. CML reserves the right to refuse to move any of the above-listed items where
the office was not informed at the time of the booking.
8. INSURANCE
8.1. CML offers to arrange for the Goods to be insured during transit, and details of
the type of insurance and the rates are set out in CML’s quotation and/or will
be provided on request. This insurance will only be arranged where Customer
request CML in writing to do so and may be included in Customer’s confirmation
email to CML.
8.2. Assignment. Where CML, in the discharge of any liability, make payment of any
amount to Customer in respect of loss of, damage to, or delay in delivery of the
Goods, Customer hereby assigns to CML all rights which Customer has under any
policy of insurance to recover that amount and Customer hereby irrevocably
appoint CML as your attorney with full power in Your name to claim and recover
that amount and Customer will execute all documents and provide all
information as may be necessary to enable CML to obtain the full benefit of this
clause.
9. PACKING MATERIALS
9.1. All packaging materials are at an additional cost to the Customer. Please refer
to CML’s website https://thecommonwealthmovers.com for a current price list.
All packing materials ordered must be paid for by credit card on the date of
delivery. Boxes must be in a useable condition to warrant a refund.
9.2. All boxes must be emptied and flattened
9.3. Pre-Packing & Unpacking: Our packing and unpacking service is charged on an
hourly rate including GST. A minimum of two staff is permitted on any move or
service.
.
10. EXCLUSIONS OF LIABILITY
10.1. Release of Liability for Certain Items
Where there is damage to the items or premises during a move or a service, as
a result of Customer’s interference with the process or procedure of moving
3outside the movers’ usual and known process procedure or technique, CML will
present Customer with a release form indicating that Customer’s acceptance of
responsibility for any ensuing damage. CML will not attempt to bring Customer’s
items to their desired location unless the release of liability has been signed.
Notwithstanding, the foregoing, CML’s maximum liability for loss and damage
will be $.60 per pound per weight of the damaged or missing items. Additional
article Insurance can be purchased.
No claim for lost or damaged items shall be brought more than three (3) months
after the move or the service.
10.2. Improperly Self-Packed or Self-Prepared Items
CML is not responsible for self-packed items that are damaged as a result of
improper packing procedures and techniques.
10.3. Prior, Existing or Post Service Damage
CML would not liable or responsible for any damage to items that were pre-
existing or occurred prior to the date of the move or service or after the date
of the move or service completion.
10.4. Damage Prone Goods
Any kind of furniture that is made out of pressed or particle material is easily
broken when transported disassembled. CML will only accept the shipment or
disassembling of pressed or particle material or item at Customer’s risk. CML
has no liability whatsoever for claims or damage arising from the shipment of
any pressed or particle material or item. Where Customers desire to move such
material or items, CML will present Customer with a release form indicating
that Customer accepts responsibility for any ensuing damage. CML will not
attempt to ship or move Customer’s items to their desired location unless the
release of liability has been signed.
10.5. Disassembly & Installation
CML’s primary duty does not include disconnection and reconnection of washers,
dryers, and refrigerators. CML will not replace electrical cords on dryers. CML
will not remove freezer bottom drawers on refrigerators. Refrigerator doors
sometimes need to be removed in order to go through narrow hallways or doors,
CML will not take off doors that have water or electrical connection going
through them. Where Customer requires these services, Customer shall notify
CML ahead of the move or the service or contact an appliance company to do so
ahead of time. Under no circumstances will CML be involved in such
tasks. Washers that are front loaders have locks to secure the drum during the
move. CML can install and remove these locks, but Customer must provide these
locks in order for CML to move the washer in a safe manner (these locks usually
come with the washer when purchased.) CML will not be held liable for any
internal damage to any electrical or electronic equipment (which may be a loose
wire, blown fuse, etc.).
10.6. Inclement Weather
CML is not held liable for damages caused by inclement weather.
10.7. Valuables
CML strongly advise that Customer personally move their valuables. However,
where Customer insists, CML will not be liable for loss or damage for any
valuables such as documents, medicine, priceless items, jewelry, and currency
as same are moved at Customer’s risk only. CML does not move firearms or
dangerous weapons during a move or service. CML will not be responsible or
liable for any firearms. Customer is to remove any firearms r prior to move or
service.
10.8. Delays in Transit
Other than by reason of CML negligence or breach of contract, CML will not be
liable for delays in transit. Where through no fault of the CML, CML is unable
to deliver Customer goods, CML will take them to our storage facility. The
Agreement will then be fulfilled and any additional service(s), including storage
4and delivery, will be at Customer expense. Any transit times quoted by CML are
estimated and based upon information known to CML at the time. We will advise
Customer of any material changes to the transit times as soon as CML becomes
aware. CML will not be liable for any loss or damage incurred by Customer as a
result of delays in transit time unless directly attributable to CML’s negligence
or breach of contract.
11. DISPUTES
11.1. In any arbitration or litigation, the prevailing party shall be entitled to recover
from the losing party reasonable attorney’s fees and other costs and expenses
of the arbitration or litigation as an awardee by the Court. The arbitrator will
be selected by CML. The parties each waive their right to trial by jury.
12. INDEMNITY/DISCLAIMER
12.1. You agree to indemnify and hold us harmless from any and all claims,
damages, or expenses arising from your use of our services.
12.2. You agree to indemnify us for any loss or damage we may incur due to your
breach of these terms and conditions
12.3. We reserve the right to change these terms at any time without notice.
Changes will be effective immediately upon posting on our website.
12.4. By booking our services, you acknowledge that you have read and understood
these terms and agree to be bound by it. If you have any questions or
concerns, please contact us before booking your move.
12.5.
13. APPLICABLE LAW
13.1. This Agreement is governed by and shall be construed in accordance with the
laws of the State of Virginia, without regard to its conflicts-of-laws principals.
