BEST OF THE WEST MOVERS TERMS AND CONDITIONS:
The following terms and conditions apply to the purchase of supplies and/or services (“Services”). Upon acceptance of the Order for Service (“Estimate”) prepared by Best of the West Movers, LLC (“BOTW”), purchaser (“Client”) agrees to adhere to all the provisions listed below.
General Terms of Estimate that you receive for a local / hourly move is a non-binding, general idea of how long the move will take based on the factors of the move under normal conditions. Any time over the estimate will be charged accordingly. We do our best to estimate the time frame based on the information provided. The actual move may take longer than the estimated time based on factors not disclosed, an insufficient inventory list, greater walking distance, traffic, and other unforeseen factors. We ask that clients are packed and ready to go unless the estimate includes packing services.
Estimates and Billing:
- Although BOTW Movers always tries to meet the scheduled start time, it is impossible to predict all the possible variables, such as traffic and the duration of the previous move. Therefore, BOTW cannot discount late arrivals.
- Local moves are billed by the hour consisting of the hourly rate, travel/truck fee, and the anticipated time range of the move. The clock starts when we arrive on site and ends when you are satisfied with the placement of your belongings in your new residence. Long distance and single item moves are billed at a flat rate. This is not an exhaustive list of fees. Additional fees may also apply.
- An hourly estimate is a non-binding, general idea of how long a move will take under normal conditions. The actual move may take more time than estimated due to an insufficient inventory list, greater number of boxes, size and difficulty of moving certain items, greater distance, traffic, weather, undisclosed details, access to elevators/loading docks, and other unforeseen factors.
- All downtime is billable (waiting for elevator setup, property key holder is late, etc.)
- A flat fee/rate is a binding Estimate and will not change so if your inventory and access details are accurate.
|Full-Service Moves||On Sight Moves|
|$90 per hour (2 movers 1 truck)||$70 per hour (2 movers without a truck)|
|$30 per additional mover per hour||$30 per additional mover per hour|
- Afternoon and evening moves do not have fixed start times. They will vary depending on when previous moves are finished.
- We kindly request that the Client is available two hours prior to and after the scheduled move time.
Furniture and Packing Care:
- BOTW will not be held responsible for damages to items the Client chooses to not have padded and/or shrink wrapped.
- BOTW will not be held responsible for damages to items or property when the Client chooses to have force applied to items during course of move.
- BOTW does it is best to point out previous furniture damage and cannot be held responsible for any item that is damaged prior to moving.
- Due to a lack of structural integrity, BOTW is not liable for damage that occurs to any furniture made of pressed wood or particleboard.
- BOTW will not be held responsible for damages to items within boxes not packed by BOTW unless physical damage is done to the box during the move.
- BOTW will not be held responsible for large (8 sq. ft. or greater) fragile items that are required to be created in order to move the item safely (ie: works of art/statues, slabs of marble/granite, panes of glass/mirrors, etc.). If Client should choose to have BOTW move such item it will be at Client’s risk.
- Client must notify BOTW of any items of extraordinary value ($100 per pound or greater) that will be handled by BOTW. These items must be packed by BOTW or by the Client in the presence of the BOTW Crew Leader.
- All fragile items must be packed and labeled appropriately. BOTW reserves the right to pack any items not already packed and will charge the Client for time and materials. BOTW is not responsible for any items the client chooses not to have boxed.
- It is the Client’s responsibility to be packed and ready to go on moving day, unless they are using our packing services. Extra charges/time may apply if the Client is not packed or is still packing.
- Scheduling elevator times is the Client’s responsibility prior to the day of the move.
- Any changes to the Client’s move (additional items or boxes, location changes, etc.) should be brought to BOTW attention as early as possible. Failure to do so may result in the move taking longer than the estimated time frame.
- Client must notify BOTW if a Certificate of Insurance (COI) is required by the buildings they are moving out of and into as soon as possible, but at least 72 hours in advance of move.
- Notice of cancellation must be given 48 hours prior to the day of the Client’s move via phone or email. The CLIENT will be charged $50 or the deposit amount, whichever is greater, for failure to provide notice.
- Cancellations on the day of the Client’s move will result in the Client being charged $50 or loss of deposit.
- BOTW at any time, with or without written notice, may interrupt all or any part of the work to be performed here under and may make reasonable changes within the general scope of the Services. BOTW shall not be liable for any costs incurred resulting from such changes or termination of Service.
- At no additional cost, your move is covered with released value protection. Your move is covered with $0.60/ lb. released valuation for any damages. (Nationwide standard for moving insurance) This means that, should anything happen to your television, the weight of the set times 0.60/lb. is our obligated coverage (A damaged TV weighing 65lbs would net a reimbursement check for $39.00 – We’re very skilled movers, but in the event of damage we all know this will not help replace the TV – so please opt for additional coverage BEFORE HAND).
- Full value protection plans are offered by BOTW but must be purchased per client request prior to the move. Please contact us for more information.
- All damage claims must be made within 72 hours of moving services performed by BOTW. Claims can be made via email or phone. Photos and a description of the alleged damage will be provided by client at BOTW request. We have the right to inspect and repair any alleged damage, and if we are not able to do so, we have the right to hire a service professional to make the repairs.
EXCLUSIONS TO OUR COVERAGE:
Please note that we do not provide coverage for the following:
- Damage to any owner-packed items, cartons, or containers, including plastic storage containers with no apparent physical damage to the container itself.
- Non-delivery of a shipping package if the delivery receipt shows that all packages were delivered to the final destination.
- Loss or damage to lampshades, jewelry, watches, gem stones, cash, currency or bank notes, deeds, travelers checks, coin or stamp collections, sports memorabilia, alcoholic beverages, foods, medications, negotiable items, furs or garments trimmed with fur, ammunition, contraband, cigarettes, laptop or tablet computers, mobile or cellular telephones.
- Loss or damage caused by wear and tear, deterioration, changes in climatic conditions, mold and mildew, infestations, pre-existing damages, or inherent vice.
- Functionality of any TV’s, Stereos, Computers or other electronic equipment unless the client has tested the equipment for our crew leader prior to moving AND there is no visible physical damage to the unit in question or the box it was transported in.
- Electrical or mechanical malfunctioning coverage may be available for a nominal additional premium. If such coverage is purchased, it is required that any electrical or mechanical item covered by this insurance must be inspected at origin and destination by BOTW movers.
- Damage to any furniture constructed of any type of veneered chipboard, particle board, MDF —medium density fiberboard, composite board, or similar. Any reduction in quality thereof arising as the result of dismantling or reassembling of any such items of furniture is also excluded.
- Wrinkled or soiled clothing, linens, drapes, or rugs.
- Real Estate property damage and/or any service-related issues, including but not limited to mover and customer agreements, shipment delays, etc.
- Minor drywall, trim work, interior or exterior door, millwork or paint damage is not covered. It is inevitable that minor scratches dings and dents will occur from time to time, particularly from moving large items in and around tight stairwells and hallways. Minor can be defined as smaller than a US Quarter.
- Any damages caused as a result of these being in the shipment: hazardous materials, items that are flammable, corrosive or explosive; perishables: food, plants or living things that may die or spoil in transit
- Contributory negligence on the part of the owner and/or their agents. Damages or loss attributed to an act, order, or omission on the part of the shipper.
- Loss or damage to any items or shipment that contains non household items, or items that are considered for commercial, industrial or non-household use, including merchandise for sale or exhibition.
- LIABILITY OF COMPANY: We are responsible only for our own negligence. We assume no liability of any kind of loss or damage to goods caused by weather, bug or rodent infestation, rust, deterioration, an Act of God, an act of governmental agency or public enemy, or any other causes beyond our control.
- CONTENTS OF FURNITURE/CONTAINERS: We assume no liability for the contents of drawers, containers or other items of similar nature. All contents should be removed from items prior to the move.
- ELECTRONICS: We assume no liability for the electrical and/or mechanical function of any and all electronics, whether or not our employees pack them. We recommend electronics to be serviced by a qualified service company.
- MECHANICAL ITEMS: We assume no liability for the mechanical function of any and all mechanical devices including pianos, juke boxes, phonographs, etc., whether or not our employees pack them. We recommend mechanical items to be serviced by a qualified service company.
- OVERSIZE ITEMS: We assume no liability for damage to oversize items that do not fit through doorways or hallways properly. We also assume no liability for damage to doorways and/or hallways that are damaged due to oversize items.
- BOTW highly recommends client disassembles any gym equipment (weight stack, treadmill, elliptical, stationary bike etc.) Prior to move.
- In the event that the Client requests BOTW in the disassembly of gym equipment, client assumes all risks/damages to equipment. Hourly moving rates apply during disassembly and reassembly.
- BOTW maintains the right to refuse to move any potentially dangerous gym equipment.
ITEMS WE CANNOT MOVE:
- We cannot move: Propane or other pressurized tanks, fireworks and other explosives, firearms and ammunition, house paints, gas or oils, household cleaners (ex. bleach), or any perishable foods.
- Larger, awkward shaped fragile items such as lamps/lamp shades, larger pictures/mirrors should be boxed in specialty boxes made for those items. If you choose not to box these items properly, BOTW will do its best to protect the items with pads, however, we will not be held liable for damages without the proper packaging.
- BOTW is unable to remove any permanently affixed item such as carpeting, plumbing or electrical fixtures, etc.
- BOTW will not breakdown or reassemble cribs for liability purposes.
- BOTW will not disconnect or reconnect any water or gas lines or any hard wired electric or plumbing lines.
- BOTW will not mount flat screen TV’s or wall coverings.
- BOTW will not transport clients, live animals, hazardous (including, but not limited to chemicals, paint, fuel, firearms and ammunition) or perishable items.
- BOTW promotional offers and discounts cannot be combined.
- BOTW reserves the right to refuse to move any item that is not unsound structurally or has the potential of causing bodily harm.
- Payment must be made in full per the payment method specified when the job is completed. Crew Lead will collect payment at the final destination.
- We accept all Major Credit Cards. a 2.5% processing fee applies to all payments made with Credit Card.
- We accept cash
- We do not accept personal checks
Invoicing and Payment: As full consideration for the Services provided, Client will tender payment to BOTW (“Fee”). All charges shall be invoiced upon completion of Services less any deposit paid upon booking. If Client is not providing payment prior to or at time of performance of Services, Client agrees to make full payment upon completion of Services. Failure of Client to make payment for Services may result in collections proceedings, legal proceedings, and any other remedies afforded BOTW by law. Notice of any disputes regarding the Services or Fee should be provided in writing as soon as possible, but no later than seven (7) days following conclusion of the Services. Client agrees that failure to raise a timely dispute shall be deemed a waiver of their right to dispute the Fee and Client shall promptly owe the full Fee owed to BOTW as invoiced.
Warranty: No warranties express or implied are made by BOTW.
Indemnification: The Client hereby agrees to defend, hold harmless and indemnify BOTW from and against any and all liabilities, damages, losses and judgments, including attorney fees, and all other costs and expenses which may be incurred by reason of loss or damage to property or by reason of injury or death of any person directly resulting from or caused by the negligent acts or omissions of the Client and/or his/her agents, officers, employees, or any person acting on behalf of Client during the performance of Services. Notwithstanding the foregoing, if the act or omission of BOTW is a factor contributing to any claim for which BOTW seeks indemnity hereunder, the respective liabilities of the parties to one another regarding such claim shall be in proportion to the relative fault of the parties.
Limitation of Liability: IN NO EVENT SHALL BOTW’S LIABILITY FOR ANY CAUSE OF ACTION WHATSOEVER EXCEED THE COST OF THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM, WHETHER BASED IN CONTRACT, WARRANTY, INDEMNITY OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. IN NO EVENT SHALL BOTW BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER SUCH INDIRECT DAMAGES, WHETHER ARISING OUT OF OR AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
Disputes: For any dispute that may arise, BOTW and Client agree to seek an amicable resolution of such dispute through good faith negotiations. Any controversy or claim arising out of or relating to this contract, which can’t be resolved through good faith negotiations, shall be settled by arbitration administered by the American Arbitration Association.
Governing Law: This agreement shall be governed by the laws of the State of UTAH, without regard to its choice of law principles. In the event any provision of this agreement is rendered unenforceable by law, this agreement shall be construed and enforced as if such provision had not been included herein and the validity and enforceability of the remaining provisions shall not be affected thereby.
- AGREEMENT: If you agree to these terms, this shall become a contract for services at the rates stated and will represent the entire agreement of the parties hereto. It shall apply to all additional services rendered by the company for the owner. Only an officer of the company, owner or partner has power to modify the terms and conditions of this contract, and then only in writing. We shall not be bound by any other promise or representation.
- TERMS OF PAYMENT: Payment must be made in full per the payment method specified when the job is completed. Driver will collect payment at the final destination.
- COLLECTION: If for any reason this matter is referred for collection, customer is responsible for all costs, including but not limited to agency fees, attorney fees or forty percent of the amount of our claim, and court costs.