Our company is dedicated to providing manpower and moving services, precisely tailored to the details outlined in the Estimate: Order Details document. These services will adhere to the industry’s established standards and our own professional judgment. Rest assured, the tasks will be executed at the specified location(s) mentioned in the Estimate: Order Details. We prioritize precision and professionalism, ensuring that every aspect of the job aligns with the customer’s expectations and industry norms.
In adherence to the regulations set forth by the Consumer Protection Act, customers possess certain cancellation rights. However, if a customer decides to cancel the scheduled job, they acknowledge and accept the forfeiture of their $250 deposit. This policy underscores the importance of understanding the implications of cancellations, emphasizing the financial commitment associated with scheduling our services. We aim to maintain transparency and fairness in our dealings with our valued customers.
Flexibility is essential, and we accommodate rescheduling requests with reasonable conditions. To reschedule a job, customers are required to notify us at least 3 business days before the scheduled move, allowing us to adjust our plans accordingly. Customers are granted one rescheduling opportunity without incurring any additional fees. However, should there be a need for further changes, beyond the initial rescheduling request, a nominal fee of $100.00 will be applicable. This policy ensures that customers have the flexibility they need while also ensuring the efficient planning and execution of our services.
- Total Job Price Calculation:
- The customer acknowledges that the total cost of the job (referred to as “Total Job Price”) will be determined upon job completion and specified in the company’s invoice.
- This price is computed based on the Truck/Manpower Fee, which could either be a fixed amount or the total number of hours worked multiplied by the hourly rate mentioned in the ‘Estimate’: Order Details section of the agreement. Additional charges are applied where applicable.
- Payment of Extra Charges:
Customers are obligated to pay all extra charges outlined in the final invoice, as per the rates provided.
- Immediate Payment Requirement:
Upon the completion of the job, customers are required to make an immediate payment of the Total Job Price.
- Minimum Billing Period:
- If the billing is hourly, the customer must pay for a minimum of three hours. The hourly rate is calculated in half-hour increments.
- The hourly rate commences when the company departs from their office and concludes upon their return.
- Charges for Waiting Time and Delays:
- Customers are liable to pay the agreed hourly rate for any waiting time, delays, or tardiness not caused by the company, in case of hourly billing.
- For flat fee billing, a fixed hourly rate of $67.50 per mover is charged for such delays.
- Breaks Inclusion in Work Hours:
The company’s movers are entitled to one 15-minute break every 2 hours. If the billing is hourly, the time spent on these breaks is counted within the total worked hours and charged at the hourly rate.
- Accepted Payment Methods:
Payments can be made in cash, debit card, or credit card. Cheques will not be accepted as a form of payment.
- Interest on Late Payments:
In case of non-payment, the customer agrees to pay an interest rate of 15% per annum on any overdue balance.
- Collection Expenses:
If the company has to take legal action to collect outstanding debt from this agreement, the customer is responsible for covering all related expenses. These expenses include reasonable legal fees, collection fees, and associated costs incurred by the company during the debt collection process.
Limitation of Liability:
In agreeing to this clause, the customer acknowledges the need to restrict the company’s responsibility concerning damages, costs, and expenses, regardless of the cause. The intent is to cap the company’s overall liability at an amount equivalent to the total payment made for the services outlined in this Agreement. This limitation serves as a safeguard for both parties, preventing excessive financial burden in case of unforeseen circumstances or issues that may arise during the course of the service provision.
This provision establishes a mutual understanding between the customer and the company regarding the extent of liability in case of any damages, costs, or expenses incurred during the service period. By agreeing to limit the company’s liability, the customer accepts that the company’s responsibility is confined to the total payment made for the specified services. This limitation ensures that both parties are protected from potential financial strain in case of unexpected events, promoting a fair and balanced contractual relationship.
Terms & Conditions:
- Company Services:
The company commits to providing specified manpower and moving services outlined in the Estimate: Order Details. These services adhere to industry standards and are executed at the locations detailed in the estimate.
- Cancellation and Rescheduling:
Customers are subject to cancellation rights as per the Consumer Protection Act. If a customer cancels the job, they forfeit the $250 deposit. Rescheduling is allowed 3 business days in advance and limited to one occurrence; additional rescheduling incurs a $100 fee.
- Customer Responsibilities:
- Customers are responsible for item ownership verification, appropriate packing (unless packing services are purchased), securing valuables, providing unobstructed paths for movers, and informing about special items.
- They must inspect the origin and destination addresses, ensuring nothing is left behind or damaged after the move.
- Payment Terms:
- Total Job Price is calculated upon job completion based on Truck/Manpower Fee (flat or hourly rate). Additional charges apply as per the final invoice. Customers pay immediately post-job completion, with a minimum billing of three hours if hourly.
- Waiting time, delays, or tardiness not the company’s fault are charged hourly. Movers get a 15-minute break every 2 hours, included in total work hours.
- Payment accepted in cash, debit, or credit cards. Non-payment accrues 15% interest; outstanding debt collection incurs customer-covered legal fees.
- Limitation of Liability:
Customers agree to limit the company’s liability; damages, costs, and expenses are capped at the total payment made under this agreement. This clause safeguards both parties from undue financial burden.
- Exclusion of Liability:
Customers accept risks associated with indirect, consequential, or punitive damages. The company is not liable for third-party claims, force majeure-related delays, pre-existing damage, or issues caused by customer interference, equipment use, or inadequate facilities provided by the customer.
Exclusions and Limitations of Liability:
- Specific Waivers:
Damage to items for which the customer has waived the company’s liability is not covered.
- Customer-Packed Items:
Damage to contents of boxes, bags, or containers packed by the customer is not the company’s responsibility.
- Customer’s Preparation Responsibility:
Items not properly prepared by the customer before the job, leading to damage, are excluded from liability.
- Items with Inherent Weakness:
Any furniture, items, or equipment already damaged, defective, or previously repaired are not covered.
- Naturally Weak Items:
Items weakened due to their nature, usage, wear, or age are excluded from liability.
- Unique or Fragile Items:
Furniture or items of unique or fragile nature, like glass, china, mirrors, or delicate artwork, are not covered.
- Specific Design Fragility:
Items with fragile designs, such as glass on glass or furniture with unstable construction, are excluded from liability.
- Oversized Items:
Damage to oversized furniture or items maneuvered through narrow passageways is not the company’s responsibility.
- Mechanical or Electronic Functions:
Damage to the mechanical or electronic functions of any equipment is not covered.
- Unusual Flooring:
Damage to soft tiles or other unconventional flooring materials is excluded from liability.
- Wet or Soft Finishes:
Damage to finishes still wet or soft is not covered.
- Artwork and Live Plants:
Damage to pictures, artwork, and live plants is not within the company’s liability.
Time Limitation for Claims:
Customers are required to promptly inform the company of any damages within three calendar days after the job’s completion. Failure to do so within this specified period results in the forfeiture of the customer’s right to pursue remedies outlined in Section 12 of the agreement. This clause emphasizes the importance of timely reporting damages to ensure that appropriate actions can be taken promptly.
Customers have the option to purchase insurance independently, covering damages, losses, expenses, liabilities, or costs for which the company holds no responsibility. This insurance can also serve as excess coverage beyond the company’s liability. By offering this choice, the agreement provides customers the flexibility to safeguard their items through additional insurance coverage, ensuring comprehensive protection against potential losses.
Remedies for Damages:
In cases where the company is liable for damages, it reserves the right to either repair the damaged items or compensate for their depreciated value, as specified in Sections 7 and 8 of the agreement. If the customer accepts and receives the repair or compensation, they relinquish all claims for damages, losses, expenses, and costs related to the job. This clause establishes a clear protocol for addressing damages and ensures that customers are aware of the available remedies and their implications upon acceptance.
Customer’s Indemnification Responsibilities:
The customer is obligated to indemnify and protect the company against any third-party claims, damages, losses, liabilities, and associated costs, including legal fees, arising from or connected to this agreement. Additionally, the customer is responsible for indemnifying the company for damages or losses incurred due to their failure to provide appropriate facilities, such as clear driveways, roads, and paths, as required for the job. Furthermore, the customer is held accountable for charges resulting from the company’s services, including liens, levies, regulatory or by-law violations, and penalties. This clause highlights the customer’s legal responsibility to compensate the company for any additional costs or legal matters arising from the services provided under this agreement, reinforcing the need for compliance and cooperation.
Assignability and Subcontracting:
According to this provision, the company holds the authority to delegate or subcontract any of the rights and responsibilities outlined in this agreement. This delegation can be partial or complete and can be executed without needing prior written approval from the customer. Essentially, this clause grants the company flexibility in managing its contractual obligations, allowing for the efficient execution of services without bureaucratic delays.
Joint and Several Liability:
In situations where multiple customers are involved in this Agreement, this clause establishes that each customer is collectively and individually accountable for fulfilling all obligations stated within the Agreement. This means that every customer, as a group and individually, is responsible for meeting the terms and obligations outlined. This shared and individual responsibility ensures that the obligations are met, regardless of the specific contribution or actions of each customer. It emphasizes the collective commitment and accountability of all customers involved, reinforcing the mutual obligations shared among them.
This clause ensures that any particular right or remedy explicitly mentioned in this Agreement is not the sole option available to the involved party. Instead, these rights and remedies are accumulative, meaning they exist alongside all other rights and remedies accessible to the party under the law or other sections of the Agreement. Importantly, exercising one right or remedy does not prevent the party from utilizing other options simultaneously or in the future. This provision underscores the comprehensive nature of the rights conferred upon the parties, ensuring their ability to seek appropriate recourse in various situations without limitations.
Successors and Assigns:
This clause establishes the enduring nature of the Agreement. It states that the terms and obligations outlined in this Agreement are not limited to the original parties but extend to their legal successors and assigns. In other words, the Agreement binds not only the current parties but also individuals or entities succeeding them, ensuring that the commitments made within this contract persist beyond the immediate parties involved. This provision emphasizes the long-term applicability and enforceability of the Agreement, safeguarding its integrity even when the original parties are succeeded or replaced.
According to this provision, all forms of communication related to this Agreement must be documented in writing and sent to the recipient’s mailing address or email address as specified in the Estimate: Order Details. The acceptable methods of delivery include personal delivery, email, or certified/registered mail with signature and delivery confirmation. The date on which the notice is considered delivered varies: it is the date of delivery for personal or email delivery, or the date mentioned on the delivery confirmation for certified or registered mail. This clause outlines the precise methods and timelines for delivering notices, ensuring clear and documented communication between the parties involved.
Governing Law and Jurisdiction:
This clause specifies that the Agreement is subject to and will be interpreted according to the laws of the Province of British Columbia. Both parties mutually agree to submit, without the possibility of revocation, to the exclusive jurisdiction of the courts located in the Province of British Columbia. In essence, this ensures that any legal disputes or matters arising from this Agreement will be resolved in accordance with the laws and within the jurisdiction of British Columbia. This choice of jurisdiction provides clarity and a predetermined legal framework for potential disputes, ensuring a standardized and predictable legal process.
This provision clarifies that the headings or titles used within the Agreement serve as mere references, offering organizational cues for readers. They hold no influence over the meaning or interpretation of the Agreement. In essence, these headings are labels designed for ease of navigation, ensuring that readers can quickly locate specific sections. However, they do not alter the substance or legal implications of the Agreement. This clause emphasizes that the headings are for organizational purposes only and do not affect the legal substance or intent of the clauses they precede.
This Agreement is designed to be separable, meaning if any part or provision is found to be invalid or unenforceable, it won’t impact the overall validity or enforceability of this Agreement or any other section within it. In other words, if a specific clause is deemed legally ineffective, the rest of the Agreement remains intact and legally binding.
Modifications to this Agreement can only occur with mutual consent from both parties involved. These changes are valid and binding only if they are documented in written form and signed by authorized representatives from both parties. Essentially, any alterations to the Agreement must be agreed upon formally, in written documentation, and endorsed by representatives empowered by both parties.
The additional documents referred to as Schedules are fundamental components of this Agreement. They are included in the Agreement through reference, meaning they are treated as if they are fully stated within the main body of the Agreement. Essentially, these schedules are integral parts of the Agreement and are legally binding, just like the rest of the Agreement.
Joint and Several Liability:
In cases where multiple customers are involved in this Agreement, each customer accepts collective responsibility as well as individual accountability for fulfilling all obligations stated within the Agreement. This means that all customers share joint responsibility as a group and are individually responsible for meeting the terms outlined. This joint and several liability emphasizes the shared and individual commitments of each customer, highlighting their equal responsibilities under this Agreement.
The terms specified in this Agreement, along with any attached Schedule, hold superior authority over any trading conditions, standard terms, or forms issued by either party during the service provision under this Agreement. In situations of conflict, this Agreement takes precedence and governs the relationship. If conflicts arise within the Agreement itself, the terms of the main Agreement outweigh those in any attached Schedule.
This Agreement, together with any attached Schedule, constitutes the complete understanding between the parties concerning the matters outlined herein. It supersedes all previous discussions, arrangements, contracts, and agreements, whether oral or written. Essentially, this Agreement, along with its Schedule, encompasses the entirety of the parties’ understanding, rendering all prior negotiations and agreements obsolete.
Unless explicitly stated otherwise, all statements or references to monetary amounts in this Agreement pertain to the lawful currency of Canada. This ensures that any financial references within the Agreement are assumed to be in Canadian currency unless there is a specific contrary indication.