The following terms and conditions apply to the purchase of supplies and/or services (“Services”).Upon acceptance of the Order for Service (“Estimate”) prepared by Cloud Nine Moving Company, LLC (“Cloud9 Moving”), purchaser (“Client”) agrees to adhere to all the provisions listed below.
Estimates and Billing:
- Although Cloud9 Moving always tries to meet the scheduled start time, it is impossible to predict all of the possible variables, such as traffic and the duration of the previous move. Therefore, Cloud9 Moving cannot discount late arrivals.
- Local moves are billed by the hour consisting of the hourly rate, travel/truck fee, and the anticipated time range of the move. The clock starts when we arrive on site and ends when you are satisfied with the placement of your belongings in your new residence. Long distance and piece moves are billed at a flat rate. This is not an exhaustive list of fees. Additional fees may also apply.
- A hourly Estimate is a non-binding, general idea of how long a move will take under normal conditions. The actual move may take more time than estimated due to an insufficient inventory list, greater number of boxes, size and difficulty of moving certain items, greater distance, traffic, weather, undisclosed details, access to elevators/loading docks, and other unforeseen factors.
- All downtime is billable (waiting for elevator setup, property key holder is late, etc.)
- A flat fee/rate is a binding Estimate and will not change so as long as your inventory and access details are accurate.
- In the event of loss or damage, all items are covered under released valuation (rate varies by state), unless Client opts for full valuation in writing prior to the start of the move at an additional cost.
- Afternoon and evening moves do not have fixed start times. They will vary depending on when previous moves are finished.
- We kindly request that the Client is available two hours prior to and after the scheduled move time.
- It is the Client’s responsibility to be packed and ready to go on moving day, unless they are using our packing services. Extra charges/time may apply if the Client is not packed or is still packing.
- Scheduling parking/elevator/loading dock times is the Client’s responsibility prior to the day of the move.
- Any changes to the Client’s move (additional items or boxes, location changes, etc.) should be brought to Cloud9 Moving attention as early as possible. Failure to do so may result in the move taking longer than the estimated time frame.
- Client must notify Cloud9 Moving if a Certificate of Insurance (COI) is required by the buildings they are moving out of and into as soon as possible, but at least 72 hours in advance of move.
Furniture and Packing Care:
- Cloud9 Moving will not be held responsible for damages to items the Client chooses to not have padded and/or shrink wrapped.
- Cloud9 Moving will not be held responsible for damages to items or property when the Client chooses to have force applied to items during course of move.
- Cloud9 Moving does it’s best to point out previous furniture damage, and can not be held responsible for any item that is damaged prior to moving.
- Due to a lack of structural integrity, Cloud9 Moving is not liable for damage that occurs to any furniture made of pressed wood or particleboard.
- Cloud9 Moving will not be held responsible for damages to items within boxes not packed by Cloud9 Moving, unless physical damage is done to the box during the move.
- Cloud9 Moving will not be held responsible for large (8 sq. ft. or greater) fragile items that are required to be crated in order to move the item safely (ie: works of art/statues, slabs of marble/granite, panes of glass/mirrors, etc.). If Client should choose to have Cloud9 Moving move such item it will be at Client’s risk.
- Client must notify Cloud9 Moving of any items of extraordinary value ($100 per pound or greater) that will be handled by Cloud9 Moving. These items must be packed by Cloud9 Moving or by the Client in the presence of the Cloud9 Moving Crew Leader. These items must be explicitly listed on the Bill of Lading and acknowledged by Cloud9 Moving and Client via signatures.
- All fragile items must be packed and labeled appropriately. Cloud9 Moving reserves the right to pack any items not already packed and will charge the Client for time and materials. Cloud9 Moving is not responsible for any items the client chooses not to have boxed.
- Notice of cancellation must be given 72 hours prior to the day of the Client’s move via email or phone (voicemail cancellations not accepted). The CLIENT will be charged $150 for failure to provide notice.
- Cancellations on the day of the Client’s move will result in the Client being charged $150 plus our travel charge plus one hour of labor.
- Cloud9 Moving at any time, with or without written notice, may interrupt all or any part of the work to be performed hereunder and may make reasonable changes within the general scope of the Services. Cloud9 Moving shall not be liable for any costs incurred resulting from such changes or termination of Services.
- Cloud9 Moving is unable to remove any permanently affixed item such as carpeting, plumbing or electrical fixtures, etc.
- Cloud9 Moving will not reassemble cribs.
- Cloud9 Moving will not disconnect or reconnect any water or gas lines.
- Cloud9 Moving will not mount flat screen TV’s or wall coverings.
- Cloud9 Moving will not transport clients, live animals, hazardous (including, but not limited to chemicals, paint, fuel, firearms and ammunition) or perishable items.
- Cloud9 Moving promotional offers and discounts cannot be combined.
- Cloud9 Moving reserves the right to refuse to move any item that is not specifically mentioned in Client’s inventory.
- Cloud9 Moving will not be responsible for any lawn, shrubs, trees, or anything else that may get damaged due to parking somewhere at a customer’s request. If Cloud9 Moving’s truck gets stuck or damaged due to parking somewhere at the Client’s request, Client is responsible for any towing or other charges that result from said damage.
Invoicing and Payment:
As full consideration for the Services provided, Client will tender payment to Cloud9 Moving (“Fee”). All charges shall be invoiced upon completion of Services less any deposit paid upon booking. If Client is not providing payment prior to or at time of performance of Services, Client agrees to make full payment upon completion of Services. Failure of Client to make payment for Services may result in collections proceedings, legal proceedings, and any other remedies afforded Cloud9 Moving by law. Notice of any disputes regarding the Services or Fee should be provided in writing as soon as possible, but no later than two (2) days following conclusion of the Services. Client agrees that failure to raise a timely dispute shall be deemed a waiver of their right to dispute the Fee and Client shall promptly owe the full Fee owed to Cloud9 Moving as invoiced.
No warranties express or implied are made by Cloud9 Moving.
The Client hereby agrees to defend, hold harmless and indemnify Cloud9 Moving from and against any and all liabilities, damages, losses and judgments, including attorney fees, and all other costs and expenses which may be incurred by reason of loss or damage to property or by reason of injury or death of any person directly resulting from or caused by the negligent acts or omissions of the Client and/or his/her agents, officers, employees, or any person acting on behalf of Client during the performance of Services. Notwithstanding the foregoing, if the act or omission of Cloud9 Moving is a factor contributing to any claim for which Cloud9 Moving seeks indemnity hereunder, the respective liabilities of the parties to one another regarding such claim shall be in proportion to the relative fault of the parties.
Limitation of Liability:
IN NO EVENT SHALL CLOUD9 MOVING’S LIABILITY FOR ANY CAUSE OF ACTION WHATSOEVER EXCEED THE COST OF THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM, WHETHER BASED IN CONTRACT, WARRANTY, INDEMNITY OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. IN NO EVENT SHALL CLOUD9 MOVING BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER SUCH INDIRECT DAMAGES, WHETHER ARISING OUT OF OR AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
For any dispute that may arise, Cloud9 Moving and Client agree to seek an amicable resolution of such dispute through good faith negotiations. Any controversy or claim arising out of or relating to this contract, which can’t be resolved through good faith negotiations, shall be settled by arbitration administered by the Moving Authority Arbitration Program.
This agreement shall be governed by the laws of the State of Maryland, without regard to its choice of law principles. In the event any provision of this agreement is rendered unenforceable by law, this agreement shall be construed and enforced as if such provision had not been included herein and the validity and enforceability of the remaining provisions shall not be affected thereby.