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The Company- Terms and Conditions
Please review the Terms and Conditions carefully.
A. General Terms and Conditions
Scope of Validity
These terms and conditions shall apply to all orders executed by The Company (hereinafter- the “Company”), unless barred by mandatory statutory provisions. They shall include all areas of operation of the Company which are described in detail below. Agreements deviating from these terms and conditions are permitted.
Areas of Operation
On behalf of its customers, the Company acts in the capacity of a moving company, unless refers to itself as a broker and acts as such. In this capacity, the Company concludes agreements with moving contractors and any other involved subcontractors (hereinafter- the “Movers”).
Although Movers are not required to give estimates, most Movers do provide estimates when requested.
The Movers may charge you for providing a binding estimate which must clearly describe the service and all services provided.
If you have requested the Mover to provide more services than those included in the onsite estimate, such as destination charges (i.e., long carry charges, extra stair carry charges, appliances, heavy carry, stopovers) often not known at origin, the Mover may demand full payment for those added services at time of the moving services.
If you agree to onsite estimate, you are responsible for paying the charges due by cash, certified check, bank check (one drawn by a bank on itself and signed by an officer of the bank) and credit card. However, Mover reserves the right to request any other method of payment that would be reasonable.
The Company will provide the customer with written/oral quote.
Accessorial (Additional) Services– services such as supplying packing materials, appliance carry, piano stair carriers, heavy carry charges that you request to be performed (or are necessary because of landlord requirements or other special circumstances). Charges for these services are in addition to the initial quote charges.
Flight Charge – an extra charge for carrying items up or down flights of stairs.
Inventory – the detailed descriptive list of your household goods showing the number and condition of each item.
Linehaul Charges– charges for the vehicle transportation portion of your move. These charges apply in addition to the additional service charges.
Long Carry – an added charge for carrying articles excessive distances between the Mover’s vehicle and your residence.
Peak Season Rates – higher linehaul charges that are applicable during the summer months, as well as higher rates for the moving services.
Our quotes validity is limited in time, either according to the statutory provisions or according to the particular specifications in the quote. Our quotes are confidential and may only be viewed by the persons in charge. We reserve the property rights and copyrights with regard to all drafts. All quotes become invalid if not accepted within 30 days after submission.
The Company reserves the right to add any additional fees for other reasonable charges that were not known beforehand.
The customer is responsible to accept the quote in written and/or orally provided by the Company and by his/her acceptance of the quote the customer agrees and understands these terms and conditions.
Breaks during the move
Movers are allowed to take 15 minutes breaks every 2 hours. The time spent on these breaks is counted towards the total time of the move and charged to the customer at their hourly rate.
Terms of Payment
- Payment has to be effected as cash in advance, cash upon completion of service or by payment order in advance:
a. 75% will be paid by the customer before unloading the truck.
b. 25% will be paid by the customer upon final completion of the service.
- - A commission of 4% is charged for payment by credit card (Visa and MasterCard).
The Company reserves the right to request a different method of payment. Retention of payments and offsetting of outstanding invoices against counterclaims which we did not accept is not permitted.
The Company provides the best services to its customers. However, in some occasions such as “force major” and inability to provide the customer with the moving service which is beyond its control the Company will not be responsible to compensate the customer in case of cancellation.Prices and Orders
All prices included in price lists and flyers are non-binding. The specified prices refer to the following means of payment: cash payment, advance payment by bank transfer and payment upon completion of service. In the event of changes during order fulfillment due to price increases, additional fiscal charges, third party rate increases or major currency fluctuations, we reserve the right to adjust prices accordingly. In the event of cancellation of an order, the costs for our activities will be charged to the customer. The incoming written/oral order for service is not a contract. Should customer’s move be cancelled or delayed or if the customer decides not to use the Mover, the customer should promptly cancel the order.Review
The Company carefully reviews all incoming orders. However, the Company is not obligated to perform weight or measurement checks. Should the Company identify unclear points, the Movers shall clarify these with the customer as quickly as possible.The Customer’s Liability
The customer is liable for the customer’s own mistakes and failures as well as the mistakes and failures of the customer’s subcontractors, in particular for all consequences resulting from any of the following:
- Packaging by the customer or his/her subcontractors.
- Incorrect, inaccurate or missing information provided by the customer in the order and not confirmed in the quote.Claims
In case of request for claims the customer shall file a written complaint to our Customer Service department at firstname.lastname@example.org. There are two types of complaints:
1. For large items such as furniture the complaint shall be filled no later than 72 hours after completion of the move.
2. For small items the complaint shall be filled within 30 days after completion of the move.Contractors
If Contractors are involved, the Company shall only be liable for careful selection and instruction thereof.
In the event of damage caused by Contractor, the Company is not responsible for the damage.Data Protection
The Company is entitled to collect, store and process data gathered in relation to the services. These data can be transferred to Movers – also across borders – if and to the extent to which this is necessary in order to provide the requested services. The customer agrees to this collection, processing and transfer of data.Place of Jurisdiction
Canadian law shall be exclusively applicable for any disputes and Toronto, Ontario shall be the place of jurisdiction.
The Company will always strive to settle any differences with its customers in an amicable way and by mutual consent.Severability Clause
If individual provisions of these Terms and Conditions are invalid, the validity of the remaining provisions shall not be affected. If a provision is invalid in part, the remaining part of that provision remains valid. An invalid element shall be replaced in a way that comes as close as possible to the originally intended purpose of the invalid provision.B. Conditions of Use:
The Conditions of Use regulate the relationship between the Company and any person surfing and/or viewing and/or in any other way using the Site or the information contained therein (hereinafter - the "User"). By accepting the Conditions of Use, the User agrees to be bound by the Conditions of Use as may be modified from time to time by the Company.1. General
1.1 The Site in its entirety - including all the information contained therein and the computer program underlying the Site is offered to the public "as is". Although the Company intends that the information be correct and precise, it is possible that the information is incomplete or alternatively, technical or other errors may have occurred in the information. THE COMPANY SHALL NOT BE LIABLE FOR INCONSISTENCIES OR ERRORS CONCERNING THE INFORMATION. The Company hereby clarifies that the information contained in the Site is for general and informative purposes only, and does not constitute a recommendation and/or an opinion and/or an offer to purchase any goods or provide any services, and therefore the USER IS AWARE AND AGREES THAT ANY RELIANCE ON STATEMENTS, OPINIONS, ADVICE OR ANY OTHER INFORMATION PRESENTED IN THE SITE IS AT THE USER'S JUDGMENT AND AT HIS SOLE RESPONSIBILITY. SOME OF THE INFORMATION MAY HAVE BEEN TAKEN FROM EXTERNAL SOURCES, AND THE COMPANY IS CLEARLY IN NO WAY RESPONSIBLE FOR ANY INFORMATION OF THIS TYPE, AND THE COMPANY DOES NOT GUARANTEE THE DEGREE OF PERCISION OF THIS INFORMATION.
1.2 Design, characteristics, specifications or appearance of products described or presented in the Site, including any picture or simulation of a product contained in the Site, are for illustration purposes only unless otherwise stated. In the event that an inconsistency and/or discrepancy is discovered between the information contained in the Site and information contained in the Company's official documents, including information provided, whether in writing or orally, by the Company's employees, the information found in the Company's offices in its official documents or provided by the Company's employees shall be deemed correct.2. Copyrights
The Site and the contents thereof, including the design of the Site, photographs, pictures, sketches, drawings, articles, illustrations, maps, audio clips, video clips, text, graphics, etc. (hereinafter - the "Information"), are protected by the copyright laws of Canada, United States of America, international conventions and copyright laws of other states. The Information is the sole property of the Company or of third parties, which have permitted the Company to publish the Information to which such copyright refers in the Site. The User is forbidden to make any changes in, copy, publish, distribute, broadcast, present, carry out, reproduce, grant a license with respect to, create derivative works or sell any part of the Information contained in the Site without the express written consent of the Company. The User acknowledges the copyright embodied in the Information, and undertakes not to make any commercial use of the Information or any other use in defiance of the copyright laws and international conventions, or cause any change or distortion in the Information or any part thereof.3. User's Undertakings
The very use of the Site and the User's actions imply the User's consent and undertaking to act or refrain from acting as follows:
3.1 The User agrees to all of the provisions herein contained in these Conditions of Use.
3.2 The User undertakes not to upload, withdraw, broadcast, distribute or publish information or any other material that may restrict or prevent others from using the Site.
3.3 The User undertakes not to upload, withdraw, broadcast, distribute or publish information or any other material the use or publication of which is forbidden due to its being deemed threatening, injurious, insulting, libellous, slanderous, racist, pornographic, invasion of privacy or an otherwise vulgar expression.
3.4 The User undertakes not to upload, withdraw, broadcast, distribute or publish information or any other material that might encourage, coax, persuade or abet any other person to commit an act that is forbidden under a provision of law or that might give rise to legal liability.
3.5 The User undertakes not to upload, withdraw, broadcast, distribute or publish information or any other material that might infringe upon a third party's proprietary rights, including but not limited to intellectual property rights, privacy protection rights and/or any other proprietary right.
3.6 The User undertakes not to upload, withdraw, broadcast, distribute or publish information or any other material containing a virus or any other computer program that might sabotage computer systems.
3.7 The User undertakes not to upload, withdraw, broadcast, distribute or publish information or any other material containing any kind of advertisement without the Company's prior express permission.
3.8 The User undertakes not to make any commercial use of the Information.
3.9 The User is aware of the limitations of the Internet as regards security of data on the Web, and releases the Company from all responsibility in this context.
3.10 The User undertakes not to use the Site in any manner not in compliance with any law and/or which is unconventional or that constitutes forgery, alteration of or erasing data;
3.11 The User agrees to indemnify and compensate the Company against and for any direct or indirect damage and/or any expense caused to the Company in connection with an action and/or demand arising here from.
3.12 Without derogating from any other right to which the Company is entitled, the User agrees that in such cases where the Company shall suspect that the User's use of the Site is not in compliance with the provisions hereof and/or of any law, the Company shall be entitled to monitor the User's use of the Site, prevent access of the User to the Site, or forward the User's behaviour patterns in the Site to third parties who would substantiate, to the Company's satisfaction, that they are injured by the User's violating behaviour, as well as any other action as the Company shall see fit in order to protect its property and/or rights.4. No Liability
4.1 USE OF THE SITE IS AT THE USER'S RESPONSIBILITY. THE COMPANY, ITS MANAGERS, EMPLOYEES AND THOSE WORKING ON ITS AUTHORITY, SHALL IN NO WAY BE RESPONSIBLE OR LIABLE FOR ANY DISTORTION, MISTAKE OR OMISSION IN THE CONTENTS OF THE SITE. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER CONTRACTUAL OR IN TORT, RESULTING FROM ACCESS TO THE SITE, THE USE THEREOF, OR DUE TO ANY RESTRICTION FOR ACCESSING, OR USING THE SITE.
4.2 THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE, INCLUDING DUE TO VIRUSES OR VARIOUS SOFTWARE APPLICATIONS, CAUSED TO THE USER'S COMPUTER EQUIPMENT OR ANY OTHER PROPERTY OF THE USER, RESULTING FROM ACCESSING, SURFING OR USING THE SITE, INCLUDING DUE TO DOWNLOADING INFORMATION FROM THE SITE. THE COMPANY CAN NOT SUPERVISE ALL INFORMATION AND NOTICES UPLOADED, IF ANY, INTO THE SITE BY OTHER USERS.
4.3 THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO ANY STATEMENT DEALING WITH THE COMPANY'S LIABILITY IN CONNECTION WITH THE CONDITIONS OF USE, AND THEY ARE NOT INTENDED TO REPLACE ADDITIONAL STATEMENTS REGARDING THE COMPANY'S LIABILITY IN SPECIFIC CONTEXTS, SUCH AS LIABILITY FOR LINKS, LIABILITY FOR PROTECTION OF PRIVACY, LIABILITY FOR USER'S UNAUTHORIZED ACTIONS OR ANY OTHER CONTEXT, ALL AS DETAILED IN THE VARIOUS CLAUSES OF THE CONDITIONS OF USE AND/OR IN THE TEXT CONTAINED IN THE SITE ITSELF.5. Miscellaneous
5.1 The Company retains the right to remove, amend, add to or modify any part of the Information contained in the Site by updating the Site from time to time. The User shall have no claim against the Company in respect of changes in the Information in the Site.
5.2 The Company retains the right to refuse access to this Site or to any part thereof by any user at its exclusive discretion and with no prior warning.
5.3 The Company retains the right to amend, add to or modify these Conditions of Use by updating this page from time to time. Any modification of the Conditions of Use will enter into force immediately upon being posted on the Site as part of the Conditions of Use.
5.4 The Company is entitled to assign its rights hereunder to any third party as it shall see fit, without being obligated to publish such assignment in the Site.
5.5 The User agrees that transmitting information to or from the Site does not constitute any relationship between him and the Company beyond the provisions hereof.
5.7 In the event that it shall so be ruled that any part of the Conditions of Use is invalid or unenforceable, then such provisions decreed invalid or unenforceable shall be deemed to be replaced by valid and enforceable provisions, the contents of which as closely as possible reflect the intention of the original provisions, and the rest of the provisions of the Conditions of Use shall remain in force and unchanged.