Customer Agreement - LABOR ONLY MOVING SERVICES

Service Supplier: Pack My Truck Moving Services Contact: (503)-853-9822

1. SERVICES.

The Moving Contractor will assist with packing and loading the Customer’s items and possessions (“Possessions” or “Customer Possessions”) from the Customer’s current address into a vehicle or container, and will unload Customer’s possessions at their destination address, unless the job requested by the Customer is a load-only job, or unload-only job. The Moving Contractor agrees to take due care while loading and unloading the Customers’ Possessions. The following restrictions (may) apply to the Moving Contractor services: A. The Moving Contractor is not responsible for transporting the moving vehicle or moving container, relocating of goods unless explicitly specified in the Agreement. B. The Moving Contractor is not responsible for providing packing and loading materials or any other goods and services not previously agreed upon, in writing, naming specific the Moving Contractor and the Customer and any specific Possessions(moving pads, blankets, tie downs, boxes, and other related items) (“Packing Materials”). C. The Customer agrees to provide all Packing Materials required for the move (i.e. Boxes or cartons, blankets, packing materials such as newsprint or bubble-wrap, tape and any other good necessary for the packing of the Customers possessions.) D. Due to the physical nature of loading and unloading heavy items, and moving the Customer’s Possessions, the Moving Contractor retains the right to limit the duration of moves to eight (8) hours per day. If the movers are too tired or exhausted to complete a move, the Moving Contractor has the unilateral authority to terminate a move, and complete it the following day, even if the duration of the move has not yet exceeded eight (8) hours. All efforts will be given to ensure that the Customer has advanced knowledge of such terminating acts and, if necessary, can contact management of the Moving Contractor and discuss terms for the finalization of the move. a. In the event of termination of a job due to exhaustion of physical inability the Customer agrees to pay, in full, any charges incurred through the operation of the Moving Contractor from the start of the work day.

2. PAYMENT.

Customer agrees to pay Moving Contractor in accordance with the following terms: A. Payments will be rendered via the terms and conditions listed in packmytruckmoving.com. B. Other Costs. In the event that packing materials or equipment is requested, the Moving Contractor reserves the right to charge in accordance with prices listed on Materials Cost List.

3. LIABILITY AND INDEMNIFICATION.

The Moving Contractor is responsible for a “pack-and-load” only service.The Moving Contractor is not responsible for damages caused to the Customer’s Possessions during transit. The Moving Contractor shall not be liable for any damage that occurs to the Customer’s Possessions, during transit of the Customer’s Possessions, from the Customer’s starting address to the destination. In the event damage is caused to the Customer’s Possessions or real property the following terms apply: A. In the event the Moving Contractor uses all available Packing Materials provided by the Customer, and damage still occurs, the Moving Contractor shall not be held liable for such damage. The Moving Contractor shall also be free of indemnity for any and all scratches, dents, marks, and blemishes incurred to a Customer’s Possessions due to a lack of Packing Materials at the job site, as they are the responsibility of the Customer and should be obtained before start of job. B. In the event the Customer fails to provide adequate Packing Materials for their move, the Moving Company may continue packing the moving truck without the use of appropriate packing materials. Under this circumstance, the Moving Contractor shall not be held liable for any damage to the Customer’s Possessions. C. The Moving Contractor shall not be held liable for damage caused to the following items, due to the inherent likelihood that such items may be damaged during a move: Waterbeds, foam mattresses, particle board/ press-board/ laminated/ modular furniture (including particle board furniture), IKEA furniture, lamp shades, any and all lamp/light fixtures, furniture intended for one-time assembly, and other similar items. D. The Moving Contractor shall not be held liable for legitimate drops of Customer Possessions, or damage to buildings, chattels or possessions that does not constitute normal life, wear and tear or depreciation, new or otherwise already accrued before, during or after a move. E. The Moving Contractor shall not be held liable and/or is held harmless in the result that a stain resulting from, but not limited to: oil, water, fuel, liquids or any other substance. Any resulting damage to any Possession or property of the Customer, and any fees associated with repair or replacement of any goods, property or Possessions owned, leased or borrowed by the Customer are held solely by the Customer and not the Moving Contractor. The customer assumes indemnity to all costs assumed and accrued therein. F. The Customer acknowledges that they are not and will not be entitled to compensation for damages (including damages to Customer Possessions, property, loss, or injury) unless the damage is documented by the Customer while the Moving Contractor staff is present at the job site. If the Customer is not present at the job site when the move (job) is in progress, the Customer shall have twenty four (24) hours from the completion of the job to notify the Company via a Written Notification (“Written Notification”) of any claim pertaining to damage to their Possessions. The Written Notification must be e-mailed to packmytruck@gmail.com, and must include pictures of the alleged damage, as well as a written description of the damage or claim and previously recorded itemization of goods and Possessions, as well as any photographic evidence of conditions before the move (job), undertaken by the Moving Contractor, was to take place, that are subject to such claim-ability. The Moving Contractor will then assess the claim and determine whether or not it is liable for the damage reported by the Customer, in accordance with the terms of this Agreement. The Moving Contractor is not liable for damages to the Customer’s Possessions that are not reported to the Moving Contractor in accordance with the above terms within twenty four (24) hours of the completion of the move. G. The Customer agrees to hold the Moving Contractor not liable for loss and hold the Moving Contractor harmless for damages resulting from improper packing by the customer or a 3rd party of the Customer’s Possessions unless the damage resulted from a legitimate, intentional, provable action by our movers. H. Our staff are professional movers, who will pack the truck to the best of their abilities, but the Moving Contractor will not be liable for damages caused to the Customer’s Possessions during transport because the Moving Contractor does not have control over the transportation environment. I. The Customer agrees to hold the Moving Contractor harmless for damages resulting from water damage originating outside the moving vehicle or container (i.e. moisture, rain, etc.) or other water damage originating from inside the moving vehicle or container. J. The Customer agrees to hold the Moving Contractor harmless against improper installation or removal of appliances (washer, dryer, refrigerator, freezer, AC unit, etc.) by our movers during the move. K. The Customer agrees to hold the Moving Contractor harmless against damages caused to their Possessions if a Customer Possession is carried during packing, loading, or unloading together by one of our crew members and the customer (or a 3rd party), and the customer or that 3rd party is responsible for the damage to the Possession. L. The Customer understands and agrees that the maximum damages the Moving Company is liable for shall NOT exceed Twenty-five Thousand Dollars ($25,000) per incident (single break). M. The Customer agrees to not hold the Moving Contractor liable for any loss or theft of the Customer’s Possessions during the move. The Customer acknowledges and understands that the primary duty of the Moving Contractor is to pack and load the Customer’s Possessions, not to watch over the moving environment to ensure that items are not left unattended. The Customer acknowledges and understands that during the course of a move, if the Customer is not paying careful attention to their Possessions, some of the Customer’s Possessions may be left temporarily unattended, and that the Customer is responsible for any theft of the Customer’s Possessions by 3rd parties.

4. MISCELLANEOUS.

A. Dispute Resolution – In the event of breach or a dispute that cannot be resolved without third party intervention, the Parties agree to resolve their dispute in arbitration. B. Choice of Law – In the event of a dispute where federal law does not apply, the Parties agree that Oregon state law will apply. The Parties agree to resolve any dispute in Multnomah County, in the state of Oregon. C. Entire Agreement –This Agreement contains, in its entirety, an agreement of all parties involved and third parties registered to either the Company, the Customer or any third-party representatives et. al. No other agreement, statement, or promise made by any party to this Agreement or any third party on or before the effective date of this Agreement will be binding on the parties. D. Modification –This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing. E. Severability – If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. F. Attorney’s Fees – In the event a dispute involving this Agreement is resolved in a third party judicial proceeding, including arbitration, the prevailing party will assume indemnity forthright and retain both parties fees and costs for such actions, for enforcing its rights under this Agreement. G. Interest – In the event a dispute involving an unpaid amount under this Agreement is resolved in a third party judicial proceeding, including arbitration, the prevailing party is entitled to interest of 9% monthly, starting on the date the amount unpaid became due. H. Cancellation – The Moving Contractor reserves the right to refuse service or cancel any moving job for any reason, at any time (e.g. unsafe and/or unprofessional working environment, customer belligerence, or harassment).