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Local Motion, LLC (“Carrier”) agrees to support, by request, and transport the property (“shipment”) of the customer (“Shipper”) and commit resources to support the Shippers’ belongings under the rules of care, custody and control and regulatory requirements of US DOT 4026922.
The Shipper must read the Service Agreement – Bill of Lading and abide by the Carrier’s tariff rules self-filed with the MN Department of Transportation. To engage in this agreement, the Shipper must enter the order identification number (order ID), name, and email address, declare a shipment value, choose a property protection plan, and sign and submit “I Agree” to all terms and conditions of this agreement.
The Shipper has read the terms and conditions and agrees to the Carrier’s rules to protect the Carrier’s property and interest. The Carrier has provided a Moving Guide with information on preparing the shipment for transit, and the Shipper agrees to comply with the recommended guidelines of the Moving Guide and this agreement.
NON-BINDING ESTIMATE OF SERVICES. The Shipper agrees that the moving estimate is non-binding. All move costs are calculated based on the actual time of the service, including administrative fees, in-route charges and destination fee, fuel surcharge, piano, and over-sized item fees, storage in transit fees, and over-night storage, set by Carrier. The Shipper agrees that the Carrier will not be responsible for inaccurate information provided by the Shipper, or change orders that may occur, which all may lengthen the time of the service from the original estimate of the Shipper. The Shipper will be liable for any additional time over the estimated cost over the move.
CHANGE ORDERS. The Shipper agrees that estimating the cost of the shipment is non-binding and that there may be potential oversight(s) (“Change Orders”) when sharing information about the delivery. The Shipper may, at any phase of the shipment, request additional services to be performed by the Carrier, including but not limited to: out the delivery of the contents of out-lot buildings or structures, perform functions at additional stop locations, sheds, attic, or hidden and or forgotten storage units. These other service items may be added to inventory, service items that are not packed to the Carrier requirements, service disassembly, or reassembly of unique items. These items may not or cannot be maneuvered to the desired location. The Shipper agrees not to hold Carrier liable for delays that have caused by change orders. Shipper agrees that these change orders are conditions that have not been disclosed during the original shipment estimate, and that may affect the final time, cost, and potential claim of an item(s).
DELAYS OF SERVICE. The Carrier shall not be liable for any delays caused by highway obstruction, faulty or impassable highways, or lack of capacity of any road, bridge, or ferry, or caused by breakdown or mechanical defect of vehicles or equipment, or from any cause other than the negligence of the Carrier. The Carrier shall not be bond to transport by any particular schedule, means, vehicle, or otherwise than with reasonable dispatch. The Carrier shall have the right to forward said shipment by any other Carrier or route between the point of the delivery and the location of the destination.
TIME DISPUTES OF SERVICE. The Carrier shall not be liable for inaccuracy of time that extends the original estimate of service from the information collected from the Shipper. The Shipper agrees that the time estimate for services is non-binding and that the origin, any stops required during the shipment, and destination location, while the Carrier is supporting the delivery, are all estimates of time giving by all parties that share the estimated time given to the Shipper. The Shipper also agrees that all Disputes of Service of the Shipper are null and void. For any partial payment that is made short of the final billing due, the Carrier has the right to collect the remaining sum, in full, on any payment method that the Carrier can collect on at the Carrier’s disposal.
The Shipper shall assume all responsibility and liability in place of the Carrier for any losses, damages, injuries, or deaths caused by items concealed in their shipment that may be of dangerous or life-threatening composition. For example, explosives, acidic, flammable, corrosive, or of other hazardous elements and where the Shipper has packed such articles and not informed the Carrier of such items. The Shipper shall assume responsibility in place of the Carrier for loss or damage caused by inclusion in the shipment of explosive or dangerous goods. The Shipper agrees that any claims made by the Shipper in the event of shipping a restricted item for transport will be null and void.
PAYMENT FOR SERVICES. The Shipper agrees to pay for service rendered and on-demand of the Carrier at the time, conclusion, and release of the shipment. The Shipper shall be liable for any charges applicable under the Carrier’s tariff and pay therefor as provided in the Carrier’s tariff. The Shipper agrees to pay for services on the original deposit required at the time of booking. Any accounts receivable only in the case of prearranged credit application. Payments accepted by Local Motion, in the forms to include but are not limited to, Check, Visa, Master Card, Discover, and American Express card, Venmo, PayPal, and Zelle.
(a) The Shipper, upon tendering or offering the shipment to the Carrier, and the consignee, upon acceptance of delivery of the transfer from the Carrier, shall each be liable for unpaid charges payable on the shipment following applicable tariffs. These outstanding charges include, but are not limited to, sums advanced or disbursed by the Carrier regarding the delivery. The extension of credit to either the Shipper for the unpaid charge shall not thereby discharge the obligation of the other party to pay such cost in the event the Shipper to whom credit has extended shall fail to pay the charges.
(b) Shipper understands and agrees that all fees for services performed will include a cash discount in the actual amount of the total amount of charges on the final shipment invoice. Furthermore, the Shipper agrees that the election to use a credit card to pay for all services will have a 3.9% interchange fee if the Shipper uses a credit card to pay for the shipment.
(c) Shipper agrees to allow a payment authorization hold to be secured on the original deposit credit card, or any new credit card the Shipper elects to use to pay for the final shipping cost, on the business day before the Shippers performs the requested services by the Shipper. The hold amount does not include discounts or promotions.
(d) The shipper agrees to pay for all services rendered regardless of any claim, service failure, change order, delay of service, and any overages in time as a result of such request by the Shipper. The shipper agrees and understands that the Carrier will commit to resolving any concerns or issues that the Shipper may have with regards to the level of service received and that are within the terms and conditions of the carrier’ tariff and this Service Agreement – Bill of Lading. The shipper agrees that all service charges will be on the credit card authorized by the Carrier and that by signing this agreement, the Shipper agrees for the authorizing bank to release the payment for these charges.
RECURRING STORAGE PAYMENTS. Shipper agrees that Shipper will not be invoiced for monthly Storage Fees and that the Storage Fees will be automatically debited from Shipper on or before the 1st of the month in accordance with the first page of this Agreement. Shipper is responsible for ensuring its account listed on page 1 of this Agreement has sufficient funds to make all monthly payments under this Agreement. Payments not received by the 10th day of the month will be assessed a $30.00 late fee.
RETURNED CHECKS, STOP OR DISPUTED PAYMENTS. Also, the Shipper agrees that any unpaid balance is subject to the interest of 1.8% per month for the full amount of the charges for services rendered. The Shipper agrees that the Carrier will charge a $30 fee for any payment refused by the Shipper’s issuing bank or on any stop or disputed payments by the Shipper. The Shipper agrees that the Carrier shall have a lien on the property for all transportation charges and costs, attorney’s fees, and expenses while under the Carrier’s care, custody and control. The Shipper agrees that any disputes for payment on any card used to pay for services rendered at the time of completing such services will be returned to the Carrier if all terms of this agreement have been met by the Carrier.
VIDEO SURVEY CONFIRMATION. The Carrier requests a video survey for your site location, and the Shipper agrees to complete the video survey with the Carrier. The Shipper agrees that not providing the required video survey will void any claims for damage and loss and nullify any grievance filing for the inaccuracy of estimates.
The Shipper understands the video survey provides for the Carrier:
(a) Ensuring the safety of the Shipper, the Shipper’s equipment, and staff to allow for the confirmation there are no hazards at the Shipper’s location.
(b) The Carrier needs a video survey for insurance purposes in case of damages or loss and to ensure minimal risk for all parties.
(c) The Shipper agrees that the pricing of the phone estimate is non-binding and that the video survey can be used to refine the phone estimate.
The Carrier agrees that all video surveys are the property of the Shipper and can not be replicated or sold to any 3rd party and that the privacy of the videos is the Shipper’s responsibility.
ARTICLES AND PROPERTY EXEMPT FROM CLAIMS. The Shipper agrees not to file any claim(s) for physical loss of or damage to any items and or property from any external cause. At the same time, under the Carriers care, custody, and control, including but not limited to:
(a) Any items, personal property, or physical external and internal property that have pre-existing damage before handling such issues or handling things at the location of services rendered. Pre-existing conditions include but not limited to scratches, dents, chips, marred surfaces, water rings and blemishes, internal structural damage, hidden or obscure inclusions, damaged screens, paint, walls, railings, flooring, driveway, sidewalks, lawn and landscape accidents, any on all wall or outdoor electrical fixtures;
(b) From an act, omission or order of the Shipper, or acts of God, natural conditions such as extreme temperature and weather conditions, snow, hail, water damage from rain, tornado, floods, hurricanes, volcanic eruptions, etc. as opposed to human causes;
(c) For documents, currency, money, jewelry, watches, precious stones or articles of extraordinary value including accounts, antiques, works of art, bills, deeds, evidence of debt, securities, notes, postage stamps, stamp collections, revenue stamps, letters or packets of letters, articles of peculiarly inherent value, precious metals or materials manufactured from that place;
(d) For all electronic items including but not limited to the following: refrigerators and kitchen appliances, deep freeze cabinets, washers and dryers, radios and stereos, speakers of all sizes and type, DVD and CD players, cable boxes and satellite equipment, television sets of all kind, air conditioners, computers and monitors, all power equipment and tools and the like of which that show no signs of exterior damage or where internal damage may have been caused by the movement of the item or items yet where Carrier has not neglected or mishandled such things;
(e) Fragile items such as marble or glass not professionally or adequately packaged for transit and particleboard furniture where movement alone can cause damage;
(f) From insects, moths, vermin and ordinary wear and tear; or for condition or flavor of perishable articles;
(g) From manufacture defect or inherent defect or hazardous characteristic of the piece;
(h) From strikes, lockouts, labor disturbances, riots, civil commotion, or the acts of any person or persons taking part in any such occurrence or disorder;
CARRIERS RIGHT TO SETTLE CLAIMS. The Shipper agrees that the Carrier will have the right to choose how claims will be settled based on the type of coverage the Shipper has picked.
(a) The Shipper understands and agrees that Carrier has up to thirty (30) days for the final settlement of any claim and up to ninety (90) days to repair specific items. Shipper agrees Carrier will not assume any liability for delays by service technicians referred to service the claim. The Shipper understands and agrees that the Carrier reserves the right to either cash-out, repair, or replace the item based on the type of coverage elected on this Service Agreement – Bill of Lading and based on the Carrier’s determination of liability and settlement. If coverage selected allows for replacement of any item, the Carrier reserves the right to pick up and salvage the thing that is being replaced. The item must be surrendered to Carrier upon request. The Shipper understands and agrees that the Carrier will pay any claims up to the maximum legal limit based on the selected property protection plan, and no additional settlement which exceeds the legal limits set or by tariff provisions filed by the Carrier will be made;
(b) If the Shipper undervalues the shipment while the percentage amount of the underestimate will reduce the selection of the declared value, any payment for a loss. The Shipper possesses the right to file a claim for loss or damage, injury or delay, which they must present in writing within nine (9) months after delivery to Consignee as shown on the front of this contractor. In case of failure to make delivery, then within nine (9) months after a reasonable time for delivery of the shipment has elapsed; a suit must be instituted against the Carrier within two (2) years and one (1) day from the date when the Shipper gives the notice in writing to the Carrier and that the Carrier has disallowed the claim or any part or parts specified in the notice. When a request is not filed, or the above provisions do not institute a suit, the Carrier shall not be liable, and the claim will not be paid.
RESCHEDULING. When the Shipper must reschedule their service date(s), the Carrier will allow such change to occur without penalty up to 72 hours before their earliest scheduled service date. Where 72 hours notice is made, the Carrier agrees to apply the Shipper’s original deposit that was collected at the time of the booking toward the new move date(s). The Carrier does not guarantee the availability of resources to support the shipment of the Shipper’s preferred rescheduled move date. If the Carrier cannot help the date request of the Shipper and the Shipper cannot select another move date where the Carrier can support the shipment, then the Shipper’s move may have to be canceled. Where rescheduling occurs less than 72 hours before the first scheduled move date, Shipper acknowledges Carrier’s right to retain the deposit on file and charge a new deposit for the revised move date(s).
CANCELLATIONS. If the Shipper must cancel their scheduled service(s), the Carrier will allow cancellation to occur without penalty up to 72 hours before the earliest service date. Where 72-hour notice is made, the Shipper’s original deposits collected at the time of the booking will be refunded to the Shipper within seven days of the service being canceled. Where cancellation occurs less than 72 hours before the first scheduled move date, Shipper acknowledges Carrier’s right to retain the deposit on file. The Shipper recognizes and agrees that any Shipments canceled the same day of service will be charged a $150 per truck Cancellation fee in addition to the Carrier retaining the deposit on file.
STORAGE TERMS. Carrier agrees to store the Shipper’s property for an indefinite period of time at the set dollar amount listed under “Storage Fees” on the first page of this Agreement. Shipper’s items will be stored at the location and on the date specified on the first page of this Agreement and will continue on a month-to-month basis unless terminated in accordance with these Terms. The Shipper agrees to pay Carrier the Storage Fees on or before the 1st day of each month.
ACCESS AND HANDLING FEES. Carrier agrees to allow Shipper access to their Vault one time per month at no cost to Shipper. The Shipper agrees to schedule this delivery with Carrier a minimum of 24 hours prior to the Shipper’s requested date and time of access. Any additional delivery of a Shipper’s storage items will result in a nominal charge per delivery payable upon receipt of Shipper’s items.
ENDING THE STORAGE AGREEMENT AND RATE CHANGES. Carrier may cancel this Agreement at any time upon 30 days’ advance notice to Shipper. Carrier may at any time change the monthly storage rate upon 30 days’ written notice to Shipper. Shipper may cancel this Agreement at any time upon 48 hours’ advance written notice to Carriers. Shipper will be liable for all charges incurred prior to removal of their items.
DEFAULT AND ABANDONMENT. Shipper shall be in default if Shipper fails to pay any past-due payments, late charges or other fees after such fees are incurred and notice is provided by Carrier to Shipper in accordance with this Agreement. Shipper realizes that there is a $150.00 filing fee that will be charged to the Shipper following a default. If Shipper misses two monthly payments and does not pay the associated late fees by the 10th of the second month, Carrier shall send Shipper a notice of abandonment, declaring Shipper’s account abandoned. Shipper shall have a period of thirty (30) days after receipt of the written notice of abandonment to bring Shipper’s account current by paying all amounts due (including late charges and fees) before Carrier declares the account abandoned. Following declaration of abandonment by Carrier in its sole discretion, Shipper hereby grants Carrier a security interest and express permission to dispose of goods to a charitable organization or any other person or entity, with Shipper being entitled to none of the property or proceeds thereafter. Furthermore, the Shipper agrees that if Vaults are not returned upon termination of this Agreement, a one-time charge in the amount of $45.00 per Vault not returned will be applied. Nothing in this provision shall limit or restrict the right of Carrier to pursue any legal remedy available to Carrier to collect any and all fees, payments, charges, or penalties due and owing by Shipper to Carrier and/or to enforce the terms of this Agreement pursuant to any legal remedy (including litigation) available to Carriers.
SUCCESSORS AND ASSIGNS. All Carrier and Shipper’s heirs, successors and assigners are also bound by this storage agreement. If any portion of this storage agreement is illegal or invalid, the remaining parts are valid and enforceable.
INDEMNIFICATION. Shipper shall indemnify and hold Carrier harmless from any and all loss, damage, liability, cost or expense (including reasonable attorneys’ fees and expenses) incurred or asserted against Carrier that arise out of or relate to (i) any act or omission of Shipper that constitutes a breach or violation of this Agreement, or (ii) the negligence or willful misconduct of Shipper in connection with its handling of any property or the performance of its obligations.
BAILOR/BAILEE. This Agreement does not create any agreement between Carrier and the Shipper other than that of Bailor and Bailee. Carrier may take legal action against Shipper’s property if Shipper defaults even if Carrier does not take legal action because of earlier defaults by Shipper.
ATTORNEYS’ FEES. If an action is instituted in any court involving this Agreement, and provided Carrier shall prevail in the action, Shipper agrees to pay Carriers’ costs, expenses and fees in the action or appeal including, without limitation, reasonable attorney’s fees.
SEVERABILITY AND INTERPRETATION. In the event that a provision of this Agreement is held invalid by a court of competent jurisdiction, the remaining provisions shall nonetheless be enforced in accordance with their terms. Further, in the event that any provision is held to be overbroad as written, such provision shall be deemed amended to narrow its application to the extent necessary to make the provision enforceable according to applicable law and shall be enforced as amended.
Next, the Federal Motor Carrier requires the Shipper to choose to declare the value of their property. Next, you must choose the Property Protection Plan. The plan you select will limit the liability of the Local Motion while the shipment is under our care, custody, and control.
There is no cost for the basic coverage plan. This plan offers maximum coverage of 60 cents per pound per article for any loss or damage to the item. This minimum coverage is a national mandate coverage that protects the shipment in the case of loss or damages. Choosing this plan will only allow the Carrier to pay up to 60 cents per pound per article.
This is the most popular plan, it allows for additional repair coverage in the unfortunate case of a claim. As an alternative to the above option, the Shipper may choose to increase the maximum liability of the Carrier from 60 cents per pound to $3.00 per pound per article for lost or damaged. This plan typically covers the depreciated amount of the item for repair or replacement. The cost for this plan is $5.00 for every $1,000 declared for the shipment value.
If the Shipper wants the Carrier liability for a hire repair or replacement value of any lost or damaged articles, the premium plan should be selected. The maximum amount of repairing or replacing items that may be damaged or lost is $8.00 per pound per piece. The cost for this plan is $10.00 for every $1,000 declared for the shipment value.
If the Shipper has high-value shipment, the Carrier will cover up to $100 per pound per article. This level of protection will require a specific insurance rider for the delivery, and an entire inventory of conditions of each item must be completed. The stock collected is billed at the Shipper at the hourly rate, and based on the time of month and year, charges will vary. If the Shipper requires high-value protection, the Shipper must contact the Carrier and arrange to have an inventory of the shipment completed. This level of security is not available if the Shipper finishes packing the load without the Carrier’s assistance.
Ready to select the plan you wish to cover your shipment? You can learn more about each plan from the prior screen, or select and proceed.
Notice *** If the Shipper elects additional coverage care, the transaction for this Protection Plan cost will run on your original deposit card after completing this agreement.
By signing below, the Shipper agrees to the terms and conditions of the Order for Service and understands that the Carrier is offering additional protection at a higher rate per pound per item. Shipper agrees that electing to OPT OUT that Shipper deems shipment at and limiting Local Motion liability at 60 cents per pound per article.
Shipper authorizes Local Motion to pay for Plan Charges on the Shipper’s original deposit payment type on file.