This Customer Agreement (“Agreement”) effective (Date) is between Pack My Truck LLC, anOregon Limited Liability Company, (“Pack My Truck”) and (Name) (“Customer”), collectively the “Parties”.
|Pack My Truck, LLC||Customer Name:|
|Contact Name:||Customer Contact Name:|
|Phone: 503-896-2676||Customer Contact Phone:|
|Email: email@example.com||Customer Pick Up Address:|
|www.packmytruckmoving.com||Customer Drop Off Address:|
The Parties agree as follows:
A. Pack My Truck will provide the following services (“Services”) on (Date) (“Moving Date”): (Check all that apply)
|Pack Customer’s items and possessions(“possessions”) located at Customer’s address.||Disassembly or reassembly of items (see attachedExhibit C)|
|Load the Possessions into Customer’s moving vehicle or container.||Removal and disposal of items (“Junk Hauling”) (seeattached Exhibit D):|
|Unload Possessions at Customer’s DestinationAddress.||Shuffling of items (see attached Exhibit E):|
|Packing Materials (see attached Exhibit A):||Delivery Service (see attached Exhibit F):|
B. Pack My Truck will take reasonable care while performing its services’. Pack My Truck is not responsible for: a. transporting Customer’s moving vehicle or container, or relocating the Possessions, unless specified in Section 1.A. above. b. providing packing and loading materials. c. any services not specified in Section 1.A.D. Customer will provide all boxes, cartons, blankets, bubble-wrap, tape and other packing materials necessary to pack the Possessions. Customer has the option of purchasing packing materials from Pack My Truck. E. Right to Limit the Duration of Services: Due to the physical nature of loading and unloading heavy items, Pack My Truck retains the right to: a. limit the duration of moves to eight (8) hours per day, and unilaterally halt its Services for the safety or wellbeing of its crew. Pack My Truck agrees to complete its Services the following day or at the Customer’s next earliest convenience. Pack My Truck will make reasonable effort to inform Customer prior to halting its Services and communicate with Customer to agree upon a date to complete the Services. In the event Pack My Truck halts its Services for the safety and well-being of its crew, Customer will pay for all Services completed. Cancellation: Pack My Truck reserves the right to refuse or cancel its Services at any time and for any reason (e.g. unsafe and/or unprofessional working environment, customer belligerence, or harassment). Customer will pay Pack My Truck in full if the cancellation is due to actions by Customer.
(Check all that apply). Customer agrees to pay Pack My Truck the following fees in cash, debit, or credit card (checks are not accepted):
|Hourly rate of $40.00 per mover for the first two movers. Minimum charge is twohours.|
|Hourly rate of $35 per mover for ___ additional movers.|
|Hotshot job flat fee of $125 for two trained movers. This pricing is limited to 5 items or less and entire job takes 1 hour or less. Each additional mover is $40.|
|Heavy item stair fee of $4 per stair over five stairs, for items weighing 250 pounds or moremoved up or down more than five stairs|
|Packing Materials requested in Exhibit A.|
|Junk Hauling Fee of $75 for ¼ of a trailer (See Exhibit E)|
|Delivery Service Fee of $95 for the first item and $50 for any subsequent item (SeeExhibit F)|
|Travel charge of the greater of $25 or $.99 per mile for travel (MUST BE PAID AS A NONREFUNDABLE DEPOSIT TO SCHEDULE PACK MY TRUCK’S SERVICES):|
from Pack My Truck’s warehouse located in the 97217-zip code to the Initial address, b) from the Initial address to the Destination address, and c) from the Destination Address to Pack My Truck’s warehouse. B. Payment Due Date. The Customer will pay Pack My Truck the Travel Charge to confirm booking and will pay the other fees on the day of the Services. C. Late Fee and Interest. The Customer agrees to pay a late fee of 20% of any amount not paid within 30 days of the date Pack My Truck performs the Services. Customer agrees to pay interest on all amounts not paid within 30 days of the date Pack My Truck performs the Services at a rate of 1.5% per month from the date Pack My Truck performs Services until paid.
A. Lack of Packing Materials: Customer is responsible for providing sufficient packing materials for Pack My Truck to perform the Services. Pack My Truck is not liable for any damage to the Possessions due to insufficient packing materials. B. Damage to Possessions. Pack My Truck will exercise reasonable care when performing its Services. Pack My Truck is not liable for any damage to the Possessions that occurs even when Pack My Truck performs its Services with reasonable care. C. Damage-Prone Articles: Pack My Truck is not liable for damage caused to the following damage-prone items: 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. Pre-Existing and Inevitable Damage: Pack My Truck is not liable for pre-existing damage or damage that is inevitable under the circumstances, such as during disassembly and reassembly. Pre-existing damaged items are listed in Exhibit B. This list may not be comprehensive. Items to be disassembled and/or re-assembled are listed in Exhibit C. E. Damage Due to Liquids: Pack My Truck is not liable for damages caused by oil, water, fuel, liquids or any other substance. F. Packing Done by Customer or a Third Party: Pack My Truck is not liable for damages caused by improper packing by the Customer or a Third Party. G. Damage During Transport: Pack My Truck is not liable for damages occurring during transit of Possessions because Pack My Truck does not have control over the transportation environment. H. Water Damage from the Environment: Pack My Truck is not liable for water damage originating from outside or inside the moving vehicle or container. I. Improper Installation and Removal of Appliances: Pack My Truck is not liable for improper installation or removal of appliances (washer, dryer, refrigerator, freezer, AC unit, etc.).J. Damage Caused by Customer During the Move: Pack My Truck is not liable for damages caused to the Possessions or any property during packing, loading or unloading if a Pack My Truck mover and Customer or Third Party carry the Possession. K. Loss or Theft: Pack My Truck is not liable for any loss or theft of the Possessions during the move. The Customer acknowledges and understands that the primary duty of Pack My Truck is to pack and load the 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 Possessions may be left temporarily unattended. Customer is responsible for any loss or theft of the Possessions’. Limit to Amount of Liability Amount: PACK MY TRUCK’S LIABILITY TO CUSTOMER WILL BE LIMITED TO $0.60/LBS PER ITEM MOVED.M. No Indirect or Special Damages. PACK MY TRUCK WILL NOT BE LIABLE TO CUSTOMER FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF OR DAMAGE TO PROPERTY, EVEN IF PACK MY TRUCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Customer must provide Pack My Truck with written notification (“Written Notification”) of any claims for damages to the Possessions within twenty-four (24) hours of Pack My Truck’s completion of Services. Customer must email the Written Notification to firstname.lastname@example.org. The Written Notification must include pictures of the alleged damage, a written description of the damage or claim, a previously recorded itemization of the Possessions, and, any photographic evidence of conditions before Pack My Truck performed its Services. Upon receipt of Written Notification, Pack My Truck will assess the claim and determine whether the claim is excluded under the terms of this Agreement. Pack My Truck is not liable for damages to the Possessions that are not reported to Pack My Truck within twenty-four (24) hours of the completion of the Services in accordance with the terms of this Section of the Agreement. Insurance: Pack My Truck has an insurance policy covering $0.60/lbs. per item to repair the cost of damages. (The weight of the item will be multiplied by $0.60 to determine the maximum amount that can be reimbursed for damages to that item.) The Customer may seek additional third-party insurance. Pack My Truck can provide references upon request.
A. Dispute Resolution – In the event that at any time during the term of this Agreement a dispute should arise out of, or relating to, the interpretation, performance, breach, or invalidity of this Agreement, the parties will attempt in good faith to resolve their differences. Any dispute which is not resolvable by the parties shall be referred to binding arbitration in accordance with the then applicable rules of the Arbitration Service of Portland and judgment on the award may be entered in any court having jurisdiction, except the parties reserve the right to resolve disputes in Small Claims Court if the claim is within the jurisdiction of the Small Claims Court. Venue for dispute resolution shall be Multnomah County, Oregon. B. Attorney’s Fees. The prevailing party in any such arbitration shall be entitled to recover attorneys’ fees, court fees, and cost of suit incurred, including all collection expenses and interests due. C. Choice of Law. The law of the state of Oregon governs this Agreement. D. Entire Agreement. This Agreement, and the attached Exhibits A-F incorporated by reference herein, contain the entire understanding between the parties and supersedes all other agreements, oral or written, and all other communications between the parties. No amendment or modification of the Agreement shall be valid or binding unless agreed to in writing by both parties. Modification. This Agreement may not be modified except by writing and signed by the both Parties. F. 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. G. Not Construed Against Drafter. Both Parties have had full opportunity to negotiate the terms of this Agreement, and neither party intends that this Agreement be construed for or against either party because of that party’s role in drafting this Agreement. By signing below, the parties acknowledge they have had adequate opportunity to review this Agreement and voluntarily agree to its terms.
|Pack My Truck, LLC||Customer Signiture:|
|Shrink Wrap (.25 roll)||$7.50|
|Small (1.5 cu ft.)||$2.00|
|Medium (3 cu ft.)||$3.00|
|Large (4.5 cu ft.)||$4.00|
|Dish Pack (5.2 cu ft.) (Double walled)||$7.00|
|Small Mirror/picture box||$5.00|
|Large Mirror/picture box||$9.00|
|Credit Mileage Fee||1|