TERMS & CONDITIONS
Your Carrier, LLC
PO Box 43035
Birmingham, AL 35243
The following terms and conditions (“Agreement”) apply to the moving/transportation services and VIP Subscription services (together, the “Services”) between Customer (i.e., the individual or entity contracting for Your Carrier LLC services hereunder) and Your Carrier LLC (the “Company”). This Agreement explains the policies that govern all the Services and relationship between Customer and the Company.
2. Vehicles Necessary for Transportation Services
Customer acknowledges that he/she/it is responsible for providing all vehicle(s) necessary for the transportation services, provided that a Company pickup truck is not selected. Customer also acknowledges that he/she/it is responsible for all equipment, supplies, and other items necessary for the transportation services, including but not limited to dollies, straps, boxes, or otherwise, unless inquired and approved by Your Carrier.
3. Nature of Services
Customer acknowledges that the Company is not a traditional home mover and that may limit Company from completing certain Customer requests. Company may accept or reject any requests, and terminate any Services in its sole discretion at any time, for any or no reason. In the event that Company terminates Services for which the Customer has already been charged, Company will refund the Customer for charges for any Services not already rendered, unless otherwise specified in this Agreement. Customer also acknowledges that Your Carrier LLC does not install or uninstall appliances. Customer also understands that he/she/it is responsible for and required to drive and operate any rental vehicle necessary for the move, given that Company’s independent contractors may only drive vehicles that are self-owned. Customer also acknowledges that Your Carrier LLC does not cover property damage for and will not service pianos, organs, gun safes, pool tables, antiques, exercise equipment or any other collectible, irreplaceable, highly-valuable or potentially-dangerous item, unless expressly approved in a separate writing that is signed by the owner or member of Your Carrier LLC who is authorized to bind the Company.
4. VIP Subscription Services
By purchasing a subscription product, Customer agrees to pay the listed price on a recurring basis to be charged on the first of every month (for a monthly subscription) or once per year (for an annual subscription), unless Customer provides notice to Company of Customer’s intent to cancel the subscription no later than 7 days prior to start of new subscription period. Initial period for a monthly subscription is 3 months, and may not be cancelled prior to the first day of the fourth month. Even if Customer elects to cancel the subscription earlier than the first day of the fourth month, Company may still bill Customer for the full three month period, and may automatically charge Customer’s saved credit card for the billable amount. In addition, a payment for the first month or year of the subscription, along with a set-up fee, will be charged immediately upon signing up, and will cover payment for the first month or year of the subscription. The Company will automatically bill Customer’s credit card for the listed amount each month or year. Prices are subject to change without notice, excluding subscription products with recurring payments. Customers with active subscriptions will be given notice of any price changes to their recurring payment amount at least 10 days in advance of the next payment date. Company reserves the right at any time to modify or discontinue the Service (or any part thereof) without notice at any time. In the event that a subscription product is discontinued, all active subscribers will be notified of the discontinuation and their recurring payments will cease. Subscriptions may not be refunded or cancelled except as provided by this Agreement. If any fee cannot be charged to Customer’s credit card for any reason, Company may provide Customer, via any appropriate method of communication, notice of such non-payment. If such non-payment is not remedied within 7 days of issuance of such notice, Company may terminate the subscription and any associated benefits.
A listing of VIP Subscription benefits and pricing offers may be found online, or may be provided by request. Discounts and other VIP benefits may not be combined with any other promotional offers unless expressly approved in a separate writing that is signed by the owner or member of Your Carrier LLC who is authorized to bind the Company.
5. Invoice and Charge to Credit Card for Default
Customer understands that Your Carrier LLC, through an employee, representative, independent contractor, or otherwise, will propound to Customer an invoice for all Services rendered. Customer agrees to pay the sum set forth on the invoice.
Customer acknowledges and agrees that, if the total sum set forth on the invoice is not paid within 14 days of the date set forth on the invoice, Your Carrier may charge Customer’s credit card that it has on file, which Customer used to reserve and schedule the appointment.
6. Mandatory One-hour Minimum Rate
Customer agrees to pay a mandatory one-hour minimum rate. The minimum rate is calculated based on the number of carriers used, provided that the move is less than one hour. Customer further agrees, dependent on the number of carriers used, to pay the one-hour minimum rate for the duration of all Services provided. Customer understands that he/she/it is responsible for one-hour minimum rate even if Customer dismisses the carriers before completion of the service at any time for any reason. Customer also understands that if Customer’s request(s) cannot be completed on site, Customer may still be subject to pay. Customer further acknowledges that, if an estimate is given, the estimate is not a quote and is subject to change to conform to the actual Services rendered.
Customer agrees to pay a $90 fee, should Customer cancel or a $45 fee, should Customer reschedule within ninety (90) minutes of any scheduled appointment. Customer acknowledges that Your Carrier LLC is not responsible for water damage. Customer agrees to submit payment on all invoices within fourteen (14) days of Services rendered. Customer further acknowledges that a 10% late fee will be charged on the principal of any invoice for each past-due day. Customer also agrees that Customer is responsible for all reasonable costs, expenses, and attorney fees incurred in collecting any past-due payment or that Your Carrier LLC may incur in its pursuit of collecting payment on any outstanding invoice. Customer further understands that Customer will be charged a $100 fee on all payments that bounce or are drafted on accounts with insufficient funds. Your Carrier may amend this section to update the prices from time to time. Your Carrier LLC will make the current and up-to-date version of this agreement and prices available to Customer during the ordering process, and continued use of the Services by Customer shall constitute acceptance of any changes.
8 Property Damage
Customer acknowledges that Your Carrier LLC may cover property damage up to $1,000.00, provided that the claim for damage is made in writing to the Company and is accepted by the Company within two (2) days of Services rendered. Customer also acknowledges that Your Carrier LLC does not cover property damage for and will not service pianos, organs, gun safes, pool tables, antiques, exercise equipment or any other collectible, irreplaceable, highly-valuable or potentially-dangerous item, unless expressly approved in a separate writing that is signed by the owner or member of Your Carrier LLC who is authorized to bind the Company. Customer understands that, under this Agreement, any claim for damage to property, whether personal, real, or otherwise, is waived unless a reasonable description of the damage is reported in writing to Your Carrier LLC (email@example.com) within two (2) days of the date of service. Customer further understands that Your Carrier LLC must expressly accept responsibility for damaged items to bind itself and that merely reporting damage does not bind Your Carrier LLC to any claimed damages.
If the damage, loss, shortage, or injury to either Customer’s personal property items or other property occurs when the personal property items are being loaded or unloaded from the equipment or is otherwise caused by a Company-affiliated third-party provider performing labor services, Company shall assume liability for Customer’s personal property items of up to seventy (70) cents per pound per item damaged (the “Limited Valuation Coverage”), provided that Company’s maximum liability per move shall not exceed $1,000. Please note that claims are settled based on the weight of the item. For example, if a 15-pound night stand, valued at $100, were damaged, Company would be liable for no more than $10.50 (15 pounds multiplied by 70 cents). Each shipping piece or package and the contents thereof shall constitute one item, except that component parts of any single item taken apart or knocked down for handling or loading in the vehicle shall constitute one item for purposes of determining Company’s maximum liability.
PLEASE BE AWARE THAT NO MATTER THE TOTAL VALUE OF JOB OR ANY INDIVIDUAL ITEM(S) CONTAINED IN SUCH JOB, OR THE NUMBER OF ITEMS CONTAINED IN JOB, COMPANY’S MAXIMUM LIABILITY TO CUSTOMER FOR DAMAGE IS $0.70/LB/ITEM OR $1,000.00. CUSTOMER ACKNOWLEDGES AND AGREES THAT IN NO EVENT WILL COMPANY BE LIABLE TO CUSTOMER FOR ANY DAMAGE, LOSS, SHORTAGE, OR INJURY TO CUSTOMER’S PERSONAL PROPERTY ITEMS OR OTHER PROPERTY EXCEEDING $1,000 FOR ONE JOB. CUSTOMER FURTHER AGREES THAT THE LIABILITY LIMITATIONS AND VALUATIONS IN THIS SECTION ESTABLISH COMPANY’S MAXIMUM LIABILITY EVEN IF THE DAMAGE, LOSS, SHORTAGE, OR INJURY TO CUSTOMER’S PERSONAL PROPERTY ITEMS OR OTHER PROPERTY ARISES FROM OR IS CONNECTED TO COMPANY’S (OR ANY OF COMPANY’s EMPLOYEES, AGENTS, OR INDEPENDENT CONTRACTORS) OWN NEGLIGENCE, RECKLESSNESS, OR ANY OTHER CAUSE OF ACTION AT LAW, IN EQUITY, OR PROVIDED BY STATUTE.
Customer acknowledges and agrees that the fulfillment by Company of its obligations under this Agreement satisfies any obligation Company or any Company-affiliated Third Party Provider or Contractor (regardless of whether the Third Party Provider or Contractor performed labor or transportation services) may have for any damage, loss, shortage or other injury to Customer’s personal property items and/or other property that is caused by the negligent act or omission and/or intentional misconduct of a Company-affiliated Third Party Provider performing labor services.
Customer is responsible for reporting a claim to Company alleging Company liability for any loss or damage to Customer’s personal property items or other property within 2 business days of the date of Services rendered. Failure to do so will result in an absolute bar to any such claim whether arising in contract, tort, or under any other theory and will relieve Company of any and all liability with respect thereto. All claims must be submitted to Company via firstname.lastname@example.org and must be fully supported by all relevant documentation listing the nature and cause of the claim for cargo damage. When submitting a claim to Company, all claims for damages must be included in the original claim. Additional claims for the same shipment submitted after the original claim has been settled will not be accepted. The claims process may include communicating with the Third Party Provider or Contractor in order to settle any disputes. Company may, in its sole discretion, and without liability to Customer, terminate a claim if such claim is not resolved within thirty (30) days of receipt by Company or if Customer, in Company’s sole discretion, fails to cooperate with Company when Company is assessing the claim. Claims for items that were not professionally and adequately wrapped, boxed, and packed by anyone other than the Company-affiliated Third Party Provider or Contractor will not be accepted. Only the individual that booked the job may file a claim. Claims for items that have already been repaired or replaced by Customer before being reviewed by Company will not be accepted and neither Company nor the affiliated Third Party Provider or Contractor will bear any liability for such claims.
COMPANY’S LIABILITY/DAMAGE EXCLUSIONS
SUBJECT TO COMPANY’S MAXIMUM LIABILITY SET FORTH HEREIN, CUSTOMER AGREES AND ACKNOWLEDGES THAT COMPANY’S (OR ITS AFFILIATES) LIABILITY FOR ANY DAMAGE TO THE FOLLOWING ITEMS WILL BE AS SET FORTH HEREIN REGARDLESS OF WHETHER THAT DAMAGE WAS CAUSED BY THE NEGLIGENCE OF COMPANY (OR ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES) OR A THIRD PARTY PROVIDER OR CONTRACTOR
Company (or its affiliates) is not responsible for the repair or reimbursement of pre-existing damages to personal property. Pre-existing damages are assessed and determined at our discretion before and/or after the move.
Natural Stone Materials
Marble, slate, and any other form of stone material items are prone to weakness and cracking overtime. Company (or its affiliates) will not be responsible for damaged items made exclusively of (or a composite of) natural materials such as these.
In the event that wood floors are damaged, Company (or its affiliates) will only repair or replace the local area damaged, but cannot guarantee an exact match to the original finish. Company cannot be responsible for the entire cost of the floor to be resurfaced or refinished.
Electronics and Appliances
Company (or its affiliates) will not be responsible for electronics or appliances that fail to operate after moving and/or reconnecting. Third Party Providers or Contractors may require all electronics to be properly boxed by customer before moving. Third Party Providers or Contractors may require all appliances to be disconnected, uninstalled, and drained (if necessary) by the customer prior to move. Company (or its affiliates) will not be responsible for any structural plumbing, electrical systems or water damage associated with electronics or appliances handled.
Company (or its affiliates) will not be responsible for damage to lawns, landscaping, sprinklers, paved sidewalks and driveways not designed to handle standard box truck weight/traffic.
Company (or its affiliates) will not be responsible for damage to irreplaceable, one-of-a kind, or highly valuable items (i.e., valuable documents, bills, accounts, currency, deeds, evidence of debt, negotiable instruments, check stock, jewelry, watches, jewels, gems, precious or semi-precious metals or stones, antiques, artwork, musical instruments, paintings, statues, fine art, furs, or similar valuables or other items whose values are difficult to ascertain or that by their nature cannot be readily replaced). You may want to consider packing and transporting these items in your personal vehicle.
Customer agrees to indemnify, defend and hold harmless Company, its officers, directors, members, employees, independent contractors, agents, shareholders, licensors, suppliers and any third-party information providers from and against all claims, demands, actions, losses, expenses, damages and costs, including reasonable attorneys' fees and litigation expenses, that arise from: (1) any violation of this Agreement by you; (2) any violation of any rights of a third party by you; or (3) any violation of applicable law.
Customers acknowledges that Company makes no warranties, neither express nor implied, and that any all warranties are hereby expressly disclaimed.
11. Limitation of Liability
To the extent permitted by applicable law, in no event shall Company be liable to Customer for any special, indirect, incidental, or consequential damages arising out of or in connection with this Agreement, including but not limited to such damages arising from tort, including negligence and strict liability, breach of contract or warranty, including without limitation damages for interrupted communications, lost data or lost profits, even if such party has been advised of (or knows or should know of) the possibility of such damages and notwithstanding the failure of essential purpose of any remedy. Nothing in this section shall be construed to apply to the making of payments, collection of debts, unpaid accounts, or invoices.
12. Independent Contractors
Customer acknowledges and understands that Your Carrier LLC uses independent contractors for moving and transportation services. Customer understands that the independent contractors are not employees or agents of Your Carrier LLC. The independent contractors have autonomy of the services provided, including the operation of vehicles, and are not under the direct control of any supervisor, officer, master, or employer.
Any notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally, mailed by certified mail, return receipt requested, or delivered by a national overnight delivery service prepaid and addressed to the addresses set forth in the preamble to this Agreement or to such other address as each party may designate in writing.
14. Force Majeure
If the performance of this Agreement, or any obligation hereunder, except the making of payments hereunder, is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of the affected party, the party so affected, upon giving prompt notice to the other party, shall be excused from such performance to the extent of such prevention, restriction or interference.
This Agreement together with all exhibits and other related documents that are incorporated herein by reference, embodies the entire Agreement and except as otherwise contemplated herein, supersedes all prior agreements, written and oral, relating to the subject matter hereof. In the event of a conflict between the provisions of the main body of the Agreement and any attached exhibits, the Agreement shall take precedence.
The Company may amend the terms of this Agreement from time to time, and will provide notice to Customer by publishing the up-to-date terms on its website. Continued use of the Services constitutes acceptance of current terms..
No party to this Agreement may assign or delegate all or any portion of its rights, obligations, or liabilities under this Agreement without the prior written consent of the other party to this Agreement.
The failure of any party hereto to enforce any provision of this Agreement, or any right with respect hereto, or failure to exercise any election provided for herein, shall in no way be considered a waiver of such provision, right, or election, or in any way affect the validity of this Agreement. The failure of any party hereto to enforce any provision, right, or election shall not prejudice such party from later enforcing or exercising that provision, right, or election that it has under this Agreement.
Customer agrees not to undertake any disparaging or harassing conduct directed at Company, its officers, members, owners, employees, independent contractors, or representatives, at any time during the term of the Agreement or following termination hereof.
20. Mandatory Arbitration of Disputes
Customer and Company agree to arbitrate all claims, controversies, or disputes of any kind ("claims") against each other, including but not limited to claims arising out of or relating to this Agreement, or Company’s services, software, billings, advertisements, or equipment. This agreement to arbitrate is intended to be broadly interpreted and applies to, among others: all claims regardless of whether they are based in contract, tort, statute, fraud, misrepresentation or any other legal theory; all claims that arose before Customer’s receipt of services from Company (such as from advertisements) or before this agreement; all claims that arise after the termination of Company’s Services to Customer or after the termination of this Agreement; all claims Customer may bring against Company’s employees, independent contractors, agents, affiliates or other representatives; and all claims that Company may bring against you. The sole exception to this arbitration agreement is that either Customer or Company may, in the alternative, brings claims for the collection of debts or collection of past-due accounts or invoices in a court having valid jurisdiction. Customer and Company agree, however, that neither Company nor Customer will join any claim with a claim or claims of any other person(s) or entity(ies), whether in a lawsuit, arbitration, or any other proceeding, including class actions, mass actions, or multidistrict litigation. Customer and Company agree that no claims will be asserted in any representative capacity on behalf of anyone else; that no claims will be resolved on a class-wide or collective basis; that no arbitrator or arbitration forum will have jurisdiction to adjudicate or determine any claims on a class-wide or collective basis; and that no rules for class-wide or collective arbitration will apply.
21. Jurisdiction and Disputes
This Agreement will be governed by the laws of the State of Alabama, without regard to its conflicts of law provisions, provided that matters affecting copyrights, patents, and/or trademarks will be governed by United States federal law.
The parties agree that the judicial forum for any actions or proceedings brought relating to this Agreement and allowable under this Agreement shall be the federal or state courts located in the State of Alabama, County of Jefferson, Birmingham Division.
If any provision of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the parties agree to remain bound by all other provisions of this Agreement, and, if possible, replace the invalid or unenforceable provision with valid and enforceable provisions which are substantially similar in effect to the unenforceable provision, given the contents and purpose of this Agreement.