WAIVER AND RELEASE AGREEMENT
In consideration for receiving certain services from Bookstore Movers LLC (“BSM”), Client agrees to the following Waiver and Release:
Client acknowledges that packing, loading, transporting and unloading property creates certain risks to property and person. In particular, property can be broken, dropped, scraped, torn, scratched, lost, etc., including risks to carpets and hardwood flooring, as well as risk of loss of cash, checks, bonds, jewelry, deeds, coin and stamp collections, alcohol, prescription medications, damages to fur or items lined with fur, particleboard furniture, firearms and/or ammunition, and plasma televisions. BSM STRONGLY RECOMMENDS THAT YOU PERSONALLY MOVE ITEMS OF SIGNIFICANT MONETARY OR PERSONAL WORTH. Further, client could be physically injured by use of property damaged in the move, or through physical impact with furniture, boxes, or vehicles.
Client further understands that transporting home appliances or preparing them for use after transportation is dangerous and could result in injury or damages. In particular, appliances may be installed improperly and result in flooding, electrocution, or fire. BSM STRONGLY RECOMMENDS THAT YOU HIRE A PROFESSIONAL SERVICE PROVIDER TO INSTALL ALL APPLIANCES. Client acknowledges that installation of home appliances is my personal responsibility and not BSM’s.
Client, for him or herself, client’s heirs, successors, executors, and subrogates, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS BSM, it’s directors, officers, agents, employees and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees) for damages to my property or person resulting from BSM’S NEGLIGENCE during the move or resulting from an improperly installed home appliance. Notwithstanding, the foregoing, Client acknowledges BSM is only responsible for $0.60 per pound of damaged or missing items and that Client has purchased and/or had the opportunity to seek a higher degree of protection through insurance. Client agrees that he/she may not bring any claim for lost or damaged items more than 48 hours after the move. By bringing a claim, Client agrees to permit BSM any reasonable means to investigate the claim. Client further acknowledges that BSM is not responsible for the contents of any box it did not pack, opened boxes and items that should be boxed or crated that Client chose not to. And, BSM’s responsibility only extends to items while under its care and custody and terminates when it leaves the premises and/or after it loads and/or unloads my transportation.
Client agrees BSM shall not be held responsible for normal wear and tear on residence resulting from moving items, and BSM is harmless for any sort of floor damage or dirt. Client accepts that BSM does not insure “ready to assemble” furniture, such as Ikea. Client agrees that certain items can not be moved without damage and Client holds BSM harmless for such items when the movers communicate before hand that they are in risk of damage if moved. Client takes all and complete responsibility for any transportation Client provide and damages that transportation does to anything else including roofs, homes, people and other vehicles regardless of who is operating it, and BSM holds no responsibility for my transportation, rented or owned. Client waive the right for BSM to conduct a full physical survey of the goods for loading.
Except when transportation is performed under the provisions of Item 1(b) or tariff, the following Contract Terms and Conditions apply to all transportation performed by carrier in addition to all other rules, regulations, rates, and charges in this and other applicable tariffs, which are available for inspection at the location(s) specified by the carrier. This contract is subject to all the rules, regulations, rates and charges in carrier’s currently effective applicable tariffs including, but not limited to, the following terms and conditions: SECTION 1: The carrier or party in possession shall be liable for physical loss of or damage to any articles from external cause while being carried EXCEPT loss, damage or delay caused by or resulting:
(a) From an act, omission or order of shipper;
(b) From defect or inherent vice of the article, including susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes therein;
(c) From (1) hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack (A) by any government or sovereign power, or by any authority maintaining or using military, naval or air forces; or (B) by military, naval or air forces; or (C) by an agent of any such government, power, authority or forces; (2) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (3) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating, or defending against such an occurrence; (4) seizure or destruction under quarantine or customs regulations;5) confiscation by order of any government or public authority; or (6) risks of contraband or illegal transportation or trade.
(d) From terrorist activity, including action in hindering or defending against an actual expected terrorist activity. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss. The term ‘terrorist activity’ means any activity which is unlawful under the laws of the United States or any State and which involves any of the following: (1) the hijacking or sabotage of any conveyance (including an aircraft, vessel, cab, truck, van, trailer, container or vehicle) or warehouse or other building; (2) the seizing or detaining, and threatening to kill, injure, or continue to detain, another individual in order to compel a third person (including an governmental organization) to do or abstain from doing any act as an explicitly or implicit condition for the release of the individual seized or detained; (3) an assassination; (4) the use of any (A) biological agent, chemical agent, or nuclear weapon or device, or (B) explosive, firearm, or other weapon or dangerous device (other than for mere personal monetary gain), with intent to endanger, directly or indirectly, the safety of one or more individuals or to cause substantial damage to property; or (5) a threat, attempt, or conspiracy to do any of the foregoing.
(e) From delay caused by strikes, lockouts, labor disturbances, riots, civil commotions, or the acts of any person or persons taking part in any such occurrence or disorder, and from loss or damage when carrier, after notice to shipper or consignee of a potential risk of loss or damage to the shipment from such causes, is instructed by the shipper to proceed with such transportation and/or delivery, notwithstanding such risk.
(f) From Acts of God.
SUBJECT, in addition to the foregoing, to the further following limitations on the carrier’s or the party’s in possession liability; The carrier’s or the party’s in possession maximum liability shall be : The actual loss or damage not exceeding sixty (60) cents per pound of the weight of any lost or damaged article when the shipper has released the shipment to carrier, in writing, with liability limited to sixty (60) cents per pound per article, or an agreed upon value protection in bill of lading, or
SECTION 2: The carrier shall not be liable for delay caused by highway obstruction, or faulty or impassable highways, or lack of capacity of any highway, bridge or ferry, or caused by breakdown or mechanical defect of vehicles or equipment, or from any cause other than negligence of the carrier; nor shall the carrier be bound to transport by any particular schedule, means, vehicle or otherwise than with reasonable dispatch. Every carrier shall have the right in case of physical necessary to forward said property by any carrier or route between the point of shipment and the point of destination.
SECTION 3: (a) The shipper, upon tender of the shipment to carrier, and the consignee, upon acceptance of delivery of shipment from carrier, shall be liable, jointly and severally, for all unpaid charges payable on account of a shipment in accordance with applicable tariffs including, but not limited to, sums advanced or disbursed by a carrier on account of such shipment. The extension of credit to either shipper or consignee for such unpaid charges shall not thereby discharge the obligation of the other party to pay such charges in the event the party to whom credit has been extended shall fail to pay such charges. (b) The shipper shall indemnify carrier against loss or damage caused by inclusion in the shipment of explosives or dangerous articles or goods.
SECTION 4: If for any reason other than the fault of carrier, delivery cannot be made at address shown on the face hereof, or at any changed address of which carrier has been notified, carrier, at its option, may cause articles contained in shipments to be stored in a warehouse selected by it at the point of delivery or at other available points, at the cost of the owner, and subject to a lien for all accrued tariff charges.
SECTION 5: If shipment is refused by consignee at destination, or if shipper, consignee or owner of property fails to receive or claim it within fifteen (15) days after written notice by United States mail addressed to shipper and consignee at post office addresses shown on face thereof, or if shipper fails or refuses to pay applicable charges in accordance with carrier’s applicable tariff, carrier may sell the property at its option, either (a) upon notice in the manner authorized by law, or (b) at public auction to highest bidder for cash at a public sale to be held at a time and place named by carrier, thirty (30) days notice of which sale shall have been given in writing to shipper and consignee, and there shall have been published at least once a week for two consecutive weeks in a newspaper of general circulation at or near the place of sale, a notice thereof containing a description of the property as described in the bill of lading, and the names of the consignor and consignee. The proceeds of any sale shall be applied toward payment of tariff charges applicable to shipment and toward expenses of notice, advertising and sale, and of storing, caring for and maintaining property prior to sale, and the balance if any shall be paid to owner of property; PROVIDED that any perishable articles contained in said shipment may be sold at public or private sale without such notices, if, in the opinion of carrier, such action is necessary to prevent deterioration or further deterioration.
SECTION 6: As a condition precedent to recovery, a claim for any loss or damage, injury or delay, must be filed in writing with carrier within nine (9) months after delivery to consignee as shown on face hereof, or in case of failure to make delivery, then within nine (9) months after a reasonable time for delivery has elapsed; and suit must be instituted against carrier within two (2) years and one (1) day from the date when notice in writing is given by carrier to the claimant that carrier has disallowed the claim or any part or parts thereof specified in the notice. Where a claim is not filed or suit is not instituted thereon in accordance with the foregoing provisions, carrier shall not be liable and such a claim will not be paid.
SUMMARY OF CUSTOMER COMPLAINT & INQUIRY HANDLING PROCEDURES
The Department of Transportation code 49 CFR 375.213, requires that each household good carrier must furnish to each of its prospective individually shipper customers a written description of the customer complaint and inquiry handling procedure established and maintained by the carrier. All complaints or claims are handled as follows: You may communicate in writing directly with BSM via email or letter, using the contact info below. Please include the details of your complaint or inquiry, and your contact information. If an agreement can not be reached between BSM and the customer our arbitration program outlined below will be utilized.
Bookstore Movers LLC
5200 46th Ave.
CGR 375.213 requires each household good carrier specify which party is responsible for telephone costs in the event of a customer complaint or arbitration. In such a situation, BSM is responsible for the cost of BSM’s calls, and the customer is responsible for the cost of the customer’s calls.
SUMMARY OF ARBITRATION PROGRAM
Our neutral arbitration program has been designed to give neither the carrier nor the shipper any special advantage. If a dispute arises between the carrier and the shipper Arbitration may be a mutually beneficial alternative to help resolve the dispute. Section 49 U.S.C. Section 375.211 provides that a mover must have a program in place to provide shippers with an Arbitration alternative. Arbitration is optional and not required under Federal law. 1. Summary of the arbitration process: Arbitration is an alternative to courtroom litigation. It provides each party to the dispute to present their cases and allows a neutral third party arbitrator to make decision as to the merits of each side’s case. 2. Applicable costs: Each party is responsible for their own costs associated with arbitration. A benefit to the arbitration alternative may be that it is less expensive than traditional litigation. Each party is responsible for 50% of the costs associated with securing the arbitrator and 100% of their own expenses, including but not limited to attorney fees. 3. Legal effects: If the arbitration alternative is chosen, then any decision made by the arbitrator may be binding. Additionally, an arbitration decision may not be appealed in a court of law. BSM’s neutral arbitration process agents are as follows: Washington, DC: Eric Stanco, 126 C. St. NW, Washington, DC, 20001; Virginia: Anthony H. Monioudis, 341 Main St. Suite 302, Danville, VA, 25451; Maryland: Gary Miles, 606 Baltimore Ave. Suite 306, Towson, MD, 21204; General: Interstate Authority, 229 N. I-35 Service Rd. Suite 2, Moore, OK, 73160, 1-800-784-7813
If the customer does not pay the transportation charges at the time of delivery, your BSM has the right to refuse to deliver the customer’s goods. BSM may place them in storage, at the customer’s expense, until the charges are paid. BSM accepts cash and checks. BSM also accepts credits cards at their discretion. BSM may hire a collections company to collect on debts owed and/or take legal action. BSM will not process any damage claims for services rendered but unpaid for. Customers are responsible for all costs of collection including actual attorney fees incurred.