1.0 Service Scheduling: Local storage and moving services (including so-called third-party services) typically are scheduled five business days in advance of a service date. Moving transportation services normally require two to three business days advance scheduling. All requested moving and transportation service (referred to collectively as “moving services”) dates are subject to availability. In the event that service is unavailable on date(s) requested, AM will exert every reasonable effort to schedule service at the next earliest date.
1.1 Changes in Service Schedules or Requirements: After a reservation for moving services is confirmed, a Customer must notify AM immediately of any changes in service schedule(s) or requirements (e.g., size of shipment, basic or special service needs, dates of service, etc…). If AM incurs additional charges because the Customer does not notify AM of changes in service schedule(s) or requirements in sufficient time for AM to make corresponding changes in the scheduling or provision of service(s), the Customer is responsible for payment of any such additional charges.
1.2 Availability on Service Date(s): A Customer must be available or have a representative available to view the performance of all moving service(s) and to sign service documents. If a Customer (or representative) is not available to view service performance and sign service documents, a market-based charge will apply for the time a crew has to wait for the availability. If a Customer or representative is not available within a reasonable time, the crew will depart and a market-based charge will apply for the crew’s “dry run” to the work site.
2.0 Physical Survey/Estimate: AM recognizes that its Customers have busy schedules and, therefore, arranges for physical survey of a Customer’s HHG or a work site when the Customer has special service requirements that warrant a physical survey, or upon the Customer’s request. AM uses a proprietary system to confirm shipment size and weight, and Customer requirements, and provides non-binding estimates of total moving service charges.
3.0 Payment for Services: A Customer must pay for all services actually performed at his/her direction or request, including service(s) that are added by the Customer or that exceed an estimate of service requirements. Payment for estimated charges is due AM three (3) business days before service(s) at residence is/are scheduled to begin, and may be made by major credit card, debit card, certified check or money order.
4.0 Service Cancellation : A minimum cancellation fee of $50.00 applies and is processed to a Customer’s credit or debit card, or billed, when a moving service reservation is canceled less than 5 business days prior to a scheduled service date. When a reservation is canceled less than 2 business days prior to a scheduled service date, the cancellation fee is $50 plus all charges AM incurs as a result of the cancellation.
5.0 Charges for Credit Refusal/Collection : An administrative service charge of $50 or 2% of AM’s estimated moving service charges, whichever is greater, will apply for each instance in which a check or draft, or a charge to a credit or debit card, is not honored due to insufficiency of funds/available credit. Any outstanding balance of charges due and owing to AM (“outstanding balance”) will accrue a charge monthly interest charge in an amount calculated by multiplying a percentage rate of 1.5% by the outstanding balance. A Customer also will be charged all costs that AM incurs to collect charges that are due and owing to AM, including but not limited to, all legal fees and all costs of arbitration/litigation.
6.1 In General : Subject to the terms and conditions herein Coverage is as follows:
6.101 Property : Loss/Damage coverage (“Coverage”) applies to goods and merchandise consisting exclusively of used household goods and personal effects (HHG).
6.102 Risks : Coverage applies to all risks of direct physical loss or damage due to any cause not specifically excluded, limited or conditioned herein (“Loss”).
6.103 Value : HHG will be valued at replacement cost value.
6.104 Time : Coverage starts when moving services are initiated and ends upon completion of the last service provided.
6.105 Scope : Coverage applies to HHG transported between points within North America and to/from Hawaii.
6.106 Owner : Coverage inures only to the legal owner(s) of HHG handled by AM.
6.2 Conditions : Coverage is subject to the following conditions:
6.201 Equipment : Coverage applies only when commercial equipment designed for the transportation and/or storage of HHG is used to transport or store the HHG (“transportation equipment”).
6.202 High-Value Items : All items or collections valued over $1,250 dollars (“High Value Items”) must be identified to AM in writing before service commences for Coverage to apply.
6.203 Mechanical Derangement : Electronic items will only be covered for mechanical derangement or realignment of electrical equipment if the original equipment manufacturer’s packaging is provided to the origin crew or a third-party service is used to prepare the item(s) for transportation.
6.204 Particle Board : Items constructed of particle board or any like material must be disassembled by a Customer prior to loading.
6.205 Submit Claim : A complete claim must be received by AM within 90 days of the delivery of the HHG to their final destination.
6.206 Payment of All Charges : Payment in full of all charges for all services actually performed at a Customer’s direction or request or that exceed estimate charges, must be made before filing a claim for loss of or damage to items in a shipment.
6.207 Items Packed by Owner : Damage to or loss of items packed by the Customer or owner or his/her/their agent unless there are visible signs of physical damage to packing containers caused by negligence of a local moving crew.
6.208 Duty to Cooperate : A Customer has the duty to cooperate fully with any investigation AM makes during the claim settlement process. At a minimum, “cooperate” includes making goods available for inspection and repair, granting access to transportation and storage transaction records, and leaving any boxes with visible exterior damage packed until they are inspected.
6.209 Subrogation and Release : A Customer or owner’s right to receive payment of an amount by AM in settlement of a claim for loss of or damage to an item or items in a shipment shall include corresponding Customer obligations to assign and subrogate to AM all rights and claims that the Customer has against any other individual or entity with respect to the loss/damage claimed at the time of such payment for an amount not exceeding the amount paid by AM in settlement, to convey all right title and interest in damaged item(s) to AM and to make the same available to AM for salvage/recovery, to render all reasonable assistance in AM’s pursuit of recovery of such amount paid, and the full and final release of AM from any and all liability regarding the claim for which it makes payment in settlement.
6.3 Limitations : The Coverage shall be reduced from replacement cost value to the value(s) specified below as follows:
6.301 To $.60/lb, per item when:
6.30101 AM provides only wrap and load or unload services and not both. 6.30102 Any insurance or other coverage purchased from another company applies to/covers a Loss.
6.30103 AM determines that moving industry standard cartons or so-called third-party services are needed properly to prepare items that require special care for movement, transportation or storage, and a Customer refuses to authorize use of such cartons/services.
6.30104 High Value Items are not identified to AM before service commences. 6.30105 Items constructed of particle board are not disassembled by a Customer prior to AM wrapping and loading them.
6.302 To $.10/lb, per item when:
6.30201 A Customer or another party at the Customer’s request accesses transportation equipment between the times load and unload services are performed, and moves HHG in or removes HHG from the transportation equipment. When more than one piece of transportation equipment is used to transport or store HHG, this provision applies only to transportation equipment that is accessed.
6.30202 When a Customer orders and AM provides transportation service only.
6.4 Exclusions : Coverage does not apply to, or to Loss caused by or due to:
6.401 External Cause : Any external cause;
6.402 Customer’s Act or Omission : Any act or omission or order of a Customer, any agent of the Customer, any owner, or any agent of any owner of items in a shipment, including any act or omission of so-called third-party service providers engaged by the Customer to perform any special services with respect to the Customer’s shipment. As used in this section, “act or omission” shall include but not be limited to failure to protect items in a shipment that are susceptible to damage with adequate cartons, wrapping material or crating, or supplies. Moving service crews shall have the right not to accept for loading/transportation items in a shipment that are susceptible to damage that are not protected with adequate cartons, wrapping material or crating, or supplies.
6.403 Defect or Inherent Vice : Defect or inherent vice of items in a shipment, including, but not limited to, susceptibility to damage because of sensitivity to vibration and atmospheric conditions such as temperature or humidity or changes in the same, including but not limited to the mechanical or electrical derangement of mechanical, electrical, or electromechanical devises unless there are physical signs such damage resulted from negligence of a crew performing local moving services.
6.404 Perishable Items : The perishable nature of plants, animals, or food items and all other like goods.
6.405 Hazardous Materials : Spillage of chemicals or compounds, or combustion of any flammable substance(s) or item(s) in a shipment.
6.406 Missing Items not Noted : Loss of missing items unless AM provides wrap and load and unload services on a Customer’s shipment, and such loss is noted on shipping documents at the time of unloading.
6.407 Computer Data or Media : Loss of or damage to computer data or media.
6.408 Negotiable Instruments or Other Valuables : Documents, currency notes or coins, stamps, securities, notes, deed, money, jewelry, furs, weapons, gems and precious stones and items in a shipment of sentimental, tradable or collectible value.
6.409 Transit/Mishandling/Damage : Loss caused during transit or as a result of or due to mishandling of and/or physical damage to transportation equipment.
6.410 Pair, Set, or Part : In the event of loss of or damage to any item or items which are a part of a pair or set, or to a part of any item, Coverage will only apply to the item(s) which are part of a pair or set that are lost/ damaged and not to the entire pair or set, and only to a part that is lost or damaged and not the entire item.
6.411 Items not Handled : A Customer has a duty to inspect the work site to ensure that all items to be packed or wrapped and loaded are in fact wrapped and loaded. Items that are not wrapped and loaded by AM and claimed as lost or missing items are not subject to Coverage.
6.412 Insects, Vermin, Molds or Ordinary Wear or Tear : Insects, moths, vermin, molds or other fungi or growths, gradual deterioration or ordinary wear or tear of HHG.
6.413 Risks of War : Hostile or warlike acts, including acts of terrorism, in time of peace or war, including action in hindering, combating or defending against or actual, impending or expected attack by any government or sovereign power, or by any authority maintaining or using military or other armed forces or any agent of any such government, power, authority or force.
6.414 Weapons of War : Any weapon of war or terrorism employing atomic fission or radioactive force, or biological or chemical agents, whether in time of peace or war.
6.415 Domestic Unrest : Insurrection, protest, rebellion, revolution, civil war, or action taken by any governmental authority in hindering, combating or defending against such an occurrence.
6.416 Other Government Action : Seizure or destruction under quarantine or customs regulations, confiscation for any reason by order of any governmental or public authority, or risks of transporting contraband or any item of illegal trade.
6.417 Labor or Civil Unrest : Strikes, lockouts, labor disturbances, riots, civil commotion, or the acts of any person(s) taking part in any such occurrence.
6.418 Acts of God : Including, but not limited to earthquake, avalanche, fire, lightning, flood, windstorm, tornado, or snow, hail, sleet, ice or rain storm, or any other contingency not within the control of AM.
6.419 Failure to Protect : Any loss of or damage to items in a shipment if the Customer or owner fails to preserve any damaged items and other evidence that such damage or claimed loss is the result of the negligence of a local moving service crew, including any containers in which damaged items were packed.
6.5 Claim Settlement and Administration :
6.501 Submission Process : In the event of loss, damage, or non- delivery, a Customer must contact their Albert Moving Move Management Coordinator (“MMC”) to obtain a claim form or link to an online facility for preparation and submission of a claim.
6.502 Settlement Process : Upon receipt of a complete claim, an AM representative will review the claim and expeditiously collect information to determine the cause and extent of the damage or loss. The representative will notify the Customer of a settlement determination within 30 days of receipt of a complete claim.
6.503 Settlement Determination : AM reserves the right to repair, replace, or reimburse for damaged or lost items.
6.504 Salvage : Upon notice to the Customer in the Settlement Determination, AM shall have the right to ownership of any and all damaged item(s) that it replaces or for which it provides reimbursement.
6.505 Subrogation : Filing a claim under the Coverage will constitute an assignment to AM of a Customer’s right(s) to directly seek any settlement against third-party service providers, movers or transportation service providers for any loss of or damage to HHG.
6.506 No Suit : No suit, action, or proceeding for the recovery on any claim under the Coverage will be sustainable in any court of law.
6.507 Arbitration : A Customer shall have the right to seek arbitration of a claim settlement determination. A Customer must notify AM in writing of his or her intention to seek arbitration within 60 days of the date of the claim settlement determination. The Customer and AM will select and appear before a Better Business Bureau arbitration panel for arbitration of the settlement determination. The Customer and AM each will pay one- half of the costs associated with the arbitration process. The decision of an arbitration panel will constitute a full and final determination of any damage and/or loss claim.
7.0 Warrant and Indemnity:
7.1 Customer : A Customer or owner warrants that he/she/they have full and unfettered legal right and authority to engage AM and any moving service and/or transportation provider that AM engages, and agree to hold AM and any such providers harmless from, and to indemnify them against, any and all claims and liability, and all costs to defend the same, made against them for alleged wrong in taking custody of and/or performing moving services with respect to items in a shipment.
7.2 AM : AM MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY PRODUCT OR SERVICE THAT IT PROVIDES DIRECTLY OR THROUGH SERVICE PROVIDERS. AM HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MECHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE.
8.0 Delays : Neither AM nor any service provider AM engages will be liable to any extent or in any amount for delay, loss of market, loss of value, loss of use, or consequential damages of any kind caused by or resulting from any act or omission of the Customer or owner of items in a shipment, or any agent of the same, or 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, changes in the Customer’s schedule or the schedule of the Customer’s agent, or as a result of the failure of the Customer of his/her agent to act in accordance with, comply with, or make adequate arrangements for variance from any local rules or ordinances, provided that AM and any so-called third-party service, moving service or transportation service provider respond to the Customer’s requirements with reasonable dispatch under then-prevailing industry conditions. A Customer will be responsible for payment of any amount(s) charged to AM or a service provider AM engages due to failure of the Customer of his/her agent to act in accordance with, comply with, or make adequate arrangements for variance from any local rules or ordinances.
9.0 Resolution of Issues/Disputes; Arbitration : It is AM’s policy to work with its Customers to resolve any issues or disputes with respect to its service(s), including all disputes regarding Loss and charges (collectively referred to as “disputes”). AM expects its Customers to work with AM in good faith to resolve disputes, and AM commits to do the same. In keeping with AM’s expectation and commitment, the Customer and AM agree to arbitrate any and all disputes through a local Better Business Bureau (Arbitration), via personal appearance or teleconference, which AM has found to be a cost-effective, fair and quick way to resolve disputes.
9.1 Initiation of Arbitration : Either AM or its Customer may elect to initiate Arbitration.
9.2 Procedure : The procedure for Arbitration can be found at: http://www.dr.bbb.org/programs/moving.asp and http://www.dr.bbb.org/programs/moveRule.asp#ARBITRATION
9.3 Costs of Arbitration : Arbitration fees set by the Better Business Bureau Apply. AM and Customer each pay one-half of the applicable fee. AM and Customer each bear their own expenses of preparing and presenting evidence, appearance, and representation at any Arbitration hearing or subsequent proceeding.
9.4 Arbitrator’s Decision : A decision rendered in Arbitration is legally binding on AM and its Customer, and can be enforced in any court having jurisdiction over the dispute.