Coffey Bros. Moving — Terms, Conditions & Service Policies

Coffey Bros. Moving ("Carrier”) provides relocation and transportation services for the movement of personal and commercial property, as set forth in the applicable Order for Service.

Services may include, but are not limited to, packing and protective wrapping, loading, transportation, unloading, unpacking and unwrapping, home protection, rearrangement of items, and placement of goods within the designated premises, as requested, authorized, or deemed necessary or required to complete the services.

Additional or accessorial services, when requested by the Shipper or deemed reasonably necessary to complete the services, may include, but are not limited to, disassembly and reassembly of furniture or equipment, custom crating, handling of oversized, heavy, or fragile items, hoisting or lowering, long carries, stair carries, and similar services. Such services shall be subject to additional charges in accordance with the Carrier’s tariff and this Agreement.

Inventory and Declared Items: The Shipper is solely responsible for providing an accurate and complete inventory of all items to be transported. The Carrier’s services are based exclusively on the items declared, identified, or made available for handling at the time of service. The Carrier shall not be liable for any items alleged to be lost, missing, or damaged that were not included in the declared inventory, Order for Service, or otherwise identified to the Carrier prior to or at the time of loading, as the Carrier has no ability to verify that such items were tendered for transportation. The Shipper acknowledges that failure to disclose or identify items may result in such items not being transported and may impair or preclude the ability to substantiate any related claim.

All services are provided strictly on a for-hire basis. The Shipper agrees that all deposits, advances, and applicable lawful charges—including but not limited to charges for labor, materials, transportation, and accessorial services—are earned and payable in full in accordance with the terms of this Agreement.

The Carrier reserves the right to withhold unloading, delivery, and/or release of the shipment until all charges due have been paid in full.

The estimate provided is a non-binding approximation of the anticipated duration and cost of services, based solely upon the inventory and information declared by the Shipper and assuming normal operating conditions. All services are billed on an hourly basis, and any time incurred in excess of the estimate shall be charged at the applicable rates in accordance with the Carrier's tariff.

Shipper acknowledges that actual service time may vary and may be greater or less than the estimate due to a variety of factors, including but not limited to Shipper preparedness, incomplete or inaccurate inventory disclosures, access conditions (including stairs, elevators, or long carry distances), traffic conditions, weather, and other unforeseen or undisclosed circumstances.

Estimate Revision and Actual Charges: All charges assessed at the time of service are based on the Shipper's actual service requirements, inventory, access conditions, labor requirements, materials used, and circumstances encountered on the date of service, and not upon any pre-estimated charges. The estimate is prepared solely from information available prior to the move and is intended as a non-binding approximation. The Carrier reserves the right to revise, amend, or adjust the estimate upon arrival once actual conditions and service requirements are known. Shipper acknowledges and agrees that final charges shall be based on the services actually performed and conditions encountered at the time of service, in accordance with the Carrier's tariff and this Agreement.

Time required for the disassembly and/or reassembly of furniture or equipment is not included in the estimate and such services require additional time and charges. Shipper agrees to provide all necessary assembly instructions, hardware, and tools, where applicable, to facilitate the efficient performance of such services.

The estimate provided constitutes the Order for Service and Service Contract (“Agreement”) and shall govern only those services to be performed and the inventory expressly declared therein.

The estimate does not include charges for materials or additional services that are unknown prior to the commencement of the move, including but not limited to services or conditions identified on the date of service.

An Addendum-Estimate Revision may be executed at any time to document and authorize any modifications to the declared inventory, service addresses, scope of work, applicable conditions or factors affecting performance, required materials, and any additional services requested or deemed necessary.

No modification, amendment, or waiver of this Agreement shall be valid or binding unless made in writing and executed by the Owner of the Company, whose approval shall be required for any contractual change relating to the services provided.

The estimate, Order for Service, and Service Contract are based solely upon the inventory, scope of work, and service duration expressly requested and authorized by the customer at the time of booking. Where the customer elects to reserve a limited number of labor hours, including but not limited to a minimum or reduced duration (e.g., two (2) hours), the customer expressly acknowledges and agrees that such duration may be insufficient to complete the requested services in full.

Customer-Controlled Booking: The customer affirms that the selected service duration was chosen at their sole direction, whether or not the mover provided a recommendation for additional time. Any decision to proceed with a limited number of hours constitutes the customer’s independent election of service scope and duration.

No Completion Guarantee: The mover makes no representation, warranty, or guarantee, express or implied, that all requested services, packing, loading, transportation, unloading, or other related tasks will be completed within the time reserved by the customer. The customer understands that service completion is directly dependent upon the time authorized.

Additional Time Charges: In the event that the services require more time than originally reserved, all additional labor, travel, waiting time, or related services shall be billed at the mover’s applicable hourly rates in accordance with the governing tariff and Terms and Conditions. Minimum billing increments shall apply as stated elsewhere in this Agreement.

Authorization Requirement: The mover will make reasonable efforts to notify the customer when additional time is required and to obtain authorization before continuing services beyond the originally scheduled duration. Authorization may be obtained verbally, in writing, electronically, or through continued direction to proceed. Failure or refusal to authorize additional time shall be deemed an instruction to limit services to the originally scheduled duration.

Service Suspension or Termination: If the reserved time has elapsed and additional time is either not authorized or not available due to scheduling, the mover reserves the right to suspend or terminate services at that time. Any uncompleted services, including but not limited to remaining packing, loading, transportation, or unloading, shall be subject to rescheduling at the customer’s sole cost and expense, including any applicable minimums, travel charges, or revised rates.

Customer Responsibility for Incomplete Services: The customer acknowledges that any incomplete, delayed, or rescheduled services resulting from insufficient time booked shall not constitute non-performance, breach of contract, or failure to render services by the mover. The mover shall not be held liable for any damages, losses, delays, or additional costs arising from the customer’s selection of insufficient service duration.

Binding Acknowledgment: By approving the estimate, executing the Order for Service, or otherwise authorizing the move, the customer affirms that they have read, understood, and agreed to proceed with the selected service duration and accept full financial and logistical responsibility for any consequences arising from an underestimation of required time.

Limitation of Liability: The mover shall not be liable for incomplete services, delays, or damages arising from the customer’s selection of insufficient service duration as outlined in this Agreement.

The shipment shall move in accordance with, and subject to, the rules, rates, and provisions set forth in the Carrier's applicable tariff, which is incorporated herein by reference, together with these Terms and Conditions.

Standard hourly rates shall apply to services performed between the hours of 8:00 a.m. and 4:30 p.m. Overtime hourly rates shall apply to services performed prior to 8:00 a.m. and after 4:30 p.m.

Non-peak hourly rates shall apply on designated non-peak service dates, while peak hourly rates shall apply on designated peak service dates. Holiday hourly rates shall apply on recognized holidays, as defined by the Carrier.

Rates are established in accordance with the Carrier's tariff and are applied uniformly based on the date, time, and scope of services. Shipper acknowledges that all charges are calculated in accordance with the applicable tariff and agrees to pay all labor and service charges incurred.

A minimum labor charge plus travel shall apply to all moves, as set forth in the Carrier's tariff or estimate. Shipper acknowledges that this minimum charge applies regardless of the actual time required to complete the services.

Billing shall commence upon the crew’s arrival at the origin location and shall continue through the completion of services at the final destination, including any applicable travel time, waiting time, and additional services, in accordance with the tariff.

Customer service is of paramount importance, and we warrant that services will be performed in a professional and workmanlike manner from commencement through completion and thereafter as applicable.

Shipper acknowledges that relocation services may involve inherent complexities and unforeseen conditions, including but not limited to inadequate preparation by the Shipper or other circumstances beyond the Carrier's control, and that services may not proceed exactly as initially anticipated.

Each relocation is unique in scope and conditions, and operational challenges or delays may arise. Notwithstanding the foregoing, it is our intent to provide services in a competent and professional manner, and we shall use commercially reasonable efforts to do so.

In the event of any issue, concern, or claim arising during the performance of services, the Shipper shall promptly notify our office so that appropriate remedial action may be taken.

If any employee assigned to the relocation is deemed, in our sole discretion, to be unsuitable or if a complaint is substantiated, such employee may be removed and replaced, subject to personnel availability.

We reserve the right, in our sole discretion, to assign additional personnel, equipment, and/or vehicles as deemed reasonably necessary to facilitate the safe and efficient completion of the services, and all associated costs shall be billed to the Shipper in accordance with the applicable rates.

The Carrier is an independent contractor engaged in the business of providing moving, transportation, packing, storage, and related services. Nothing contained in this Agreement shall be construed to create any partnership, joint venture, agency, fiduciary, employment, or other similar relationship between the Shipper and the Carrier or between the Shipper and any employee, mover, driver, helper, contractor, dispatcher, coordinator, or representative of the Carrier.

All personnel assigned to perform services are under the exclusive direction, supervision, and control of the Carrier. Shipper shall not have authority to supervise, discipline, hire, terminate, control employment conditions, or direct the manner or means by which the Carrier’s personnel perform services, except with respect to general instructions regarding the desired location or placement of property.

Shipper acknowledges and agrees that the Carrier retains sole authority and discretion over staffing decisions, crew assignments, operational methods, safety procedures, scheduling, compensation, supervision, and performance of services.

No statement, conduct, or interaction between the Shipper and the Carrier’s personnel shall be interpreted as creating any employment, agency, joint-employer, or contractual relationship between the Shipper and such personnel.

The Carrier reserves the right to subcontract, assign, delegate, or utilize third-party labor, contractors, owner-operators, temporary personnel, affiliates, or service providers in connection with the performance of services, and all such persons or entities shall remain independent contractors or agents of the Carrier and not of the Shipper.

The Carrier reserves the right, at its sole discretion, to utilize, assign, engage, subcontract, broker, delegate, or otherwise arrange for all or any portion of the services contemplated under this Agreement to be performed by affiliated carriers, subcontractors, owner-operators, temporary labor providers, third-party service providers, independent contractors, warehouse operators, rental equipment providers, or other authorized personnel or entities.

Such services may include, without limitation, packing, loading, unloading, transportation, storage, shuttle services, labor services, delivery, assembly, disassembly, crating, hoisting, warehousing, or related operational services.

The Carrier further reserves the right to utilize leased, rented, subcontracted, shared, affiliated, or third-party vehicles, trailers, containers, equipment, labor, and facilities in connection with the performance of services.

Shipper acknowledges and agrees that any such subcontractors, third-party service providers, temporary labor personnel, owner-operators, or affiliated entities engaged in connection with the services shall be deemed authorized agents or independent contractors of the Carrier and not employees, agents, representatives, or contractors of the Shipper.

The use of subcontractors, third-party labor, rental equipment, affiliated entities, or outside service providers shall not constitute a waiver, assignment, or release of any rights, protections, limitations of liability, dispute resolution provisions, valuation limitations, tariffs, or other terms and conditions contained in this Agreement, all of which shall remain fully applicable and enforceable.

The Carrier shall retain sole authority and discretion over staffing decisions, routing, scheduling, operational methods, equipment selection, labor assignments, and performance of services.

Shipper acknowledges that scheduling for relocation services is subject to variables beyond the Carrier's control, including but not limited to traffic conditions, weather, building access, and Shipper preparedness. Accordingly, the Carrier does not guarantee specific completion times and shall not be liable for any consequential or incidental damages, including but not limited to missed work, appointments, reservations, or travel arrangements. No refunds, credits, or offsets shall be issued on such basis.

Shipper's presence, cooperation, and active participation are material conditions of this Agreement. Shipper is required to remain present and reasonably attentive throughout the duration of the services to provide direction, confirm instructions, and mitigate the risk of errors or miscommunication.

Shipper agrees to refrain from the use of alcohol, controlled substances, or any impairing agents during the performance of services. In the event the Shipper or any authorized representative is determined, in the Carrier's sole discretion, to be impaired or otherwise unable to effectively communicate or supervise the services, the Carrier reserves the right to suspend or terminate services, and Shipper shall remain liable for all charges incurred up to that time.

If the Shipper is unable to be present, Shipper shall designate an authorized representative in advance and provide complete contact information. Such representative shall have full authority to act on the Shipper’s behalf, including but not limited to providing instructions, executing all required documentation, accepting delivery, and remitting final payment. The Shipper shall remain fully liable for all obligations under this Agreement.

The Carrier shall not accept payment by credit card from any individual who is not expressly identified on the contract and physically present at the time of payment processing.

The Carrier reserves the right to perform identity verification procedures, including inspection of government-issued identification and confirmation that such identification matches the payment method and billing address provided.

Upon processing any card transaction, the Carrier may conduct reasonable post-authorization verification measures to confirm transaction validity and security.

A non-refundable deposit is required to initiate, schedule, and secure moving services. The deposit constitutes consideration for the administrative setup of the move, including coordination, dispatch planning, allocation of personnel and equipment, and reservation of service time and capacity. By submitting the deposit, Shipper authorizes the Carrier to begin logistical planning and scheduling of the requested services.

The deposit is earned upon receipt and is non-refundable except as otherwise required by applicable law. The deposit shall be applied as a credit toward the final invoice for services rendered.

Shipper acknowledges and agrees that the deposit represents payment for services rendered in advance, including scheduling, coordination, and capacity reservation, and is not solely a payment for future moving services. Accordingly, Shipper agrees not to dispute or initiate a chargeback for the deposit with their financial institution except in cases of fraud or as otherwise required by law. In the event of a chargeback or payment dispute, Shipper agrees that the Carrier may provide this Agreement, signed or electronically accepted documents, communications, and service records as evidence that the charge was authorized and valid. Shipper further agrees to remain responsible for all amounts due, including any fees, costs, or penalties incurred by the Carrier as a result of such dispute, to the extent permitted by law.

By providing payment, whether by credit card, debit card, electronic transfer, or other electronic means, Shipper certifies that they are the authorized cardholder or account holder and expressly authorize the transaction. Shipper acknowledges that submission of payment, electronic signature, or acceptance of services constitutes binding acceptance of this Agreement and all incorporated terms and conditions.

Shipper further consents to the use of electronic records as proof of authorization and acceptance, including but not limited to IP address logging, timestamps, device identifiers, electronic signatures, email confirmations, call recordings where permitted by law, and related transaction data. Such records shall be admissible as evidence of Shipper's authorization and agreement to the charges.

In the event the Shipper cancels, reschedules outside of permitted timeframes, or otherwise fails to proceed with the scheduled services, the deposit shall be forfeited as compensation for reserved time, administrative costs, and lost business opportunities.

All moves are assigned a scheduled service date and designated start time; however, all services are subject to a four (4) hour arrival window within which the crew may arrive and commence work.

Morning appointments are typically assigned a one (1) hour target arrival window within the broader four (4) hour arrival window. This target window is provided for planning purposes only and is not guaranteed, as reasonable variances may occur, including early arrival or delays caused by conditions beyond the Carrier's control. Shipper acknowledges that delays may result from, including but not limited to, traffic congestion, weather conditions, equipment issues, prior job overruns, or personnel availability. The Carrier shall use commercially reasonable efforts to dispatch crews in a timely manner and may provide updates via telephone or electronic communication in the event of a delay.

Afternoon and evening appointments are typically assigned a two (2) hour target arrival window within the broader four (4) hour arrival window. Estimated arrival times for these appointments are contingent upon the completion of prior scheduled services; therefore, fixed or guaranteed start times are not offered. Shipper acknowledges that actual arrival times may vary due to operational factors and agrees to allow for reasonable scheduling flexibility.

The Carrier shall use commercially reasonable efforts to adhere to scheduled timeframes; however, no guarantee of an exact arrival time is made or implied. The Carrier shall not be liable for any direct, indirect, incidental, or consequential costs or expenses incurred by the Shipper as a result of delayed arrival, including but not limited to elevator reservations, building fees, utility scheduling, lost time, or any other personal or third-party expenses.

Rescheduling: Shipper may reschedule the move without forfeiture of the deposit provided that written notice is received by the Carrier no less than seventy-two (72) hours prior to the scheduled service date. Rescheduling requests made with less than seventy-two (72) hours’ notice will require an additional deposit to secure a new service date.

Cancellation: Cancellations must be submitted in writing no less than seventy-two (72) hours prior to the scheduled service date. Cancellations made with at least seventy-two (72) hours notice prior to the scheduled service will not incur any additional charges beyond the non-refundable deposit. Cancellations made with less than seventy-two (72) notice hours shall result in forfeiture of the deposit and may be subject to a minimum service charge for the reserved appointment window, to the extent permitted by law.

No-Show / Failure to Be Ready: Failure to be ready for service at the scheduled time and within the designated arrival window shall be deemed a cancellation without notice and will result in forfeiture of the deposit and assessment of a minimum service charge for the reserved appointment window, to the extent permitted by law.

All such charges are intended to compensate the Carrier for reserved capacity, scheduling disruption, and associated administrative costs.

Shipper acknowledges and agrees that it is solely the Shipper's responsibility to arrange, reserve, and confirm the availability of any elevators, loading docks, certificates of insurance, or building-required security personnel in connection with the move.

The Carrier shall not be liable for any fees, penalties, charges, or complications imposed by a building management company, landlord, homeowners’ association, or other third party, including but not limited to elevator reservation fees, overtime charges, security supervision costs, or rescheduling fees, regardless of cause, including delays in arrival or completion of services.

Shipper further acknowledges that the Carrier does not guarantee a specific arrival time or duration of services, and that actual service times may exceed any estimate provided due to conditions beyond the Carrier's control. Accordingly, the Carrier shall not be responsible for any additional charges incurred by the Shipper arising from such timing variances.

Where building access is time-restricted or elevator usage is required, the Carrier recommends scheduling a morning appointment to mitigate the risk of delays associated with prior service engagements or other unforeseen circumstances.

Shipper agrees to assume full responsibility for the security and safeguarding of the moving vehicle(s) and all personal property contained therein during any period in which the Carrier's personnel are not present or actively supervising the shipment. The Carrier shall not be liable for any loss, theft, or damage occurring during such periods of unattended custody.

Shipper acknowledges that the Carrier does not provide security or surveillance services. In the event the Shipper has concerns regarding the security of the shipment at any time, the Shipper shall be solely responsible for arranging and maintaining appropriate security measures, including but not limited to the engagement of security personnel or other protective services.

The Carrier shall not be liable for any loss, theft, or damage arising from or related to the absence of security measures or the inadequacy of any security arrangements implemented by or on behalf of the Shipper.

Shipper acknowledges and agrees that all packing materials and moving-related supplies utilized in connection with the services shall be charged at the Carrier's applicable rates. Such materials include, without limitation, cartons, packing paper, protective padding, shrink wrap, tape, and any other materials used to pack, protect, or transport the Shipper's goods or safeguard the premises.

The selection and use of materials shall be determined by the Carrier, in its sole discretion, in accordance with its standard policies and procedures to ensure the safe handling and transportation of the shipment. Shipper authorizes the Carrier to utilize such materials as deemed reasonably necessary without prior approval at the time of use.

The Carrier does not provide complimentary supplies. All materials furnished and used in connection with the move shall be billed to the Shipper.

The moving vehicle may be stocked with additional materials for use as needed during the course of services. By way of example, any items not properly packed at the time of service, such as lamps, artwork, or other loose or fragile items, may be packed by the Carrier, and the associated labor and material charges shall apply.

For safety and liability reasons, the Carrier reserves the right to refuse transportation of any items not properly packed, wrapped, or otherwise adequately protected.

If the Shipper elects to have the Carrier supply all packing materials, such arrangements must be made in advance with the designated coordinator. Any delivery of packing materials requested on the date of service may be subject to additional delivery and service charges.

Upon arrival at the origin location, the foreman and crew shall conduct a pre-move inspection of the premises and the items to be transported. The Shipper acknowledges that all time spent performing such inspection is billable and included in the total service time.

The Shipper is responsible for identifying and confirming all items to be transported, including any items not previously included in the inventory.

The Shipper is solely responsible for conducting a final walkthrough of the origin location prior to the departure of the moving vehicle(s) to confirm that all items intended for transport have been identified, prepared, and loaded. This responsibility expressly includes, but is not limited to, all interior areas, exterior spaces, storage areas, garages, balconies, yards, and any building common areas or loading zones.

The Shipper is likewise solely responsible for conducting a final walkthrough of the destination location prior to the departure of the moving vehicle(s) to confirm that all items have been delivered and, where applicable, placed and/or assembled in accordance with the Shipper’s instructions. This includes verification of all interior areas, exterior spaces, and designated placement locations.

The Carrier shall not be liable for:

1. Any items left at the origin location, including items located in outdoor areas or building loading zones;
2. Any items alleged to be missing, misplaced, or improperly delivered after the crew’s departure;
3. Any placement, assembly, or condition concerns not identified and brought to the Carrier’s attention prior to completion of services and departure of the crew.

Completion of the final walkthroughs and departure of the crew shall constitute the Shipper’s acceptance that services have been performed in accordance with this Agreement.

Shipper represents and warrants that the premises at both the origin and destination shall be maintained in a safe, sanitary, and reasonably suitable condition for the performance of moving services. Shipper shall ensure that all areas of access, including but not limited to entryways, hallways, driveways, and walkways, are free from hazards that could reasonably result in injury to personnel, damage to equipment, or damage to the shipment. Such hazards include, without limitation, excessive dust, dirt, moisture, mold, snow, ice, debris, infestations, or the presence of human or animal waste or other unsanitary conditions.

HAZARDOUS CONDITIONS: The Carrier assumes no liability for any loss, damage, or injury arising from or related to hazardous, unsafe, or unsanitary conditions existing at the premises. Shipper is strongly advised to conduct a thorough inspection of the property prior to the scheduled service date and to remedy any such conditions. The existence of hazardous conditions may, at the Carrier's sole discretion, void any valuation coverage, warranty, or liability otherwise applicable to the services.

PETS: Shipper shall remove or securely confine all pets prior to the commencement of services to ensure the safety of all parties. Pets are not permitted in the moving truck and will not be transported by the Carrier under any circumstances.

Shipper shall further ensure that all walking and working surfaces are clear of water, snow, ice, mud, or other substances that may create unsafe conditions. If such conditions exist, the Carrier may take additional protective measures, which shall be included in the total billable time. The Carrier shall not be liable for any staining, soiling, or damage to flooring or surfaces resulting from pre-existing conditions.

The Carrier reserves the right, in its sole discretion, to refuse, suspend, or terminate services if unsafe, hazardous, or unsanitary conditions are present. In the event the Carrier elects to proceed with services under such conditions, additional charges may apply, including but not limited to overtime rates and equipment cleaning fees, as determined by the Carrier.

The Carrier will use commercially reasonable efforts to protect floors, walls, doorways, and other areas of the residence through the use of standard protective materials and practices; however, Shipper acknowledges that such measures are limited in nature and are not intended to prevent all risk of scuffs, scratches, dents, or other incidental damage that may occur during the normal course of moving services.

Shipper is solely responsible for ensuring that the premises are adequately prepared and protected prior to the commencement of services. This includes, but is not limited to, removing or securing fragile or high-value fixtures, protecting flooring and surfaces not suitable for normal foot traffic or equipment use, reserving elevators, providing adequate access and clearance, and identifying any pre-existing damage or areas requiring special care.

Shipper agrees that any materials, labor, or additional services provided by the Carrier for home protection—including, but not limited to, floor runners, padding, door jamb protection, or similar protective measures—shall be performed at the Shipper's request or as deemed reasonably necessary by the Carrier and shall be billed to the Shipper at applicable rates.

Shipper further agrees to notify the Carrier in advance of any conditions that may present a heightened risk of damage, including but not limited to newly finished floors, delicate surfaces, narrow passageways, or structural limitations. Failure to disclose such conditions may limit or relieve the Carrier of liability for resulting damage, to the extent permitted by law.

The Carrier shall not be liable for damage to premises resulting from conditions beyond its control or from the normal and reasonable performance of services, including but not limited to damage caused by tight spaces, weight-bearing limitations, or inadequate protection or preparation by the Shipper.

The Carrier reserves the right, at its sole discretion, to refuse, suspend, or terminate services at any time where conditions exist that, in the Carrier's judgment, make the performance of services unsafe, impractical, or commercially unreasonable.

Such conditions may include, but are not limited to:

1. unsafe, hazardous, or unsanitary conditions at the origin or destination premises;
2. failure or refusal by the Shipper to make required payments, including deposits, pre-authorizations, or final payment;
3. material changes to the scope of work, including undisclosed or misrepresented inventory, access limitations, or service requirements;
4. interference with the performance of services, including abusive, threatening, or inappropriate behavior by the Shipper or any third party;
5. legal or regulatory restrictions that prevent or delay the performance of services; or
6. any other condition beyond the Carrier's reasonable control that materially impacts the safe or efficient completion of the move.

In the event services are refused, suspended, or terminated under this provision, the Shipper shall remain fully responsible for all charges incurred up to that point, including but not limited to labor, travel time, materials, and any applicable minimum charges, cancellation fees, or additional costs arising from the interruption of services.

The Carrier shall not be liable for any damages, delays, or additional costs resulting from the refusal, suspension, or termination of services under this provision, to the fullest extent permitted by applicable law.

Shipper acknowledges that adverse or inclement weather conditions and other events beyond the Carrier's reasonable control may materially impact the performance, timing, and efficiency of moving services. Such conditions and events (“Force Majeure Events”) include, but are not limited to, extreme temperatures (hot or cold), precipitation (rain, snow, or hail), high winds, natural disasters, fire, flood, acts of God, road closures, traffic conditions, equipment failure, labor shortages, governmental actions, public health emergencies, utility outages, or other unforeseen or unavoidable circumstances.

In the event of a Force Majeure Event, the Carrier's performance obligations may be delayed, suspended, or modified as reasonably necessary to ensure the safety of personnel, property, and equipment. The Carrier shall be entitled to a reasonable extension of time to complete the services and may adjust scheduling, arrival windows, or service methods accordingly.

Shipper agrees that all time incurred by the Carrier in connection with the performance of services shall remain fully billable, including any delays, waiting time, or additional precautions required as a result of such conditions, to the extent permitted by law.

The Carrier shall not be liable for any delays, damages, or additional costs arising from or related to Force Majeure Events and shall not be responsible for any direct, indirect, incidental, or consequential damages resulting from such delays or interruptions.

Shipper acknowledges that the successful and efficient performance of moving services is a cooperative effort between the Shipper and the Carrier, and that the Carrier operates on a time-sensitive schedule based on estimated service durations and the coordinated routing of multiple service appointments. Timely commencement of services is a material condition of this Agreement.

Shipper shall be solely responsible for providing complete and accurate information regarding all aspects and conditions of the move, including but not limited to inventory, access limitations, and any special handling requirements.

Unless packing services have been expressly requested and incorporated into this Agreement, Shipper agrees that all items shall be fully packed, organized, and ready for transport prior to the Carrier's arrival. All furniture must be emptied of contents; all cartons must be properly sealed; and all fragile items, including but not limited to artwork and lamps, must be adequately packed and protected. Shipper shall ensure that furniture is disassembled prior to the commencement of services unless otherwise agreed in writing.

The Carrier may, at its discretion, provide basic tools for limited disassembly and reassembly; however, Shipper shall be responsible for providing any specialized tools or equipment required, including but not limited to power tools (e.g., drills), for items requiring such tools. The Carrier shall not be obligated to disassemble or reassemble complex, specialized, or high-value items unless such services have been specifically requested in advance, approved by the Carrier, and incorporated into this Agreement with applicable charges.

All items must be properly boxed, wrapped, or otherwise protected prior to handling or loading. The Carrier reserves the right to refuse transport of any loose, unprotected, or improperly packed items that may be susceptible to damage or may cause damage to other property.

Shipper agrees to ensure that all items are fully prepared and ready for service at the scheduled time and within the designated arrival window. Any delay attributable to the Shipper's lack of preparedness may result in additional billable labor time at applicable rates and may disrupt the Carrier's schedule and subsequent service commitments.

Customer-Caused Delays: Delays caused in whole or in part by the Shipper, building management, property restrictions, elevator availability, parking limitations, lack of access, inaccurate or incomplete information, preparation deficiencies, third-party interference, waiting for instructions, weather-related access complications, or failure to timely prepare the premises, shipment, or required documentation shall remain billable at applicable rates and shall not constitute delay, nonperformance, cancellation, or breach by the Carrier.

Unless the move is expressly scheduled as a full-day service, the assigned crew is subject to strict scheduling constraints. In the event the Shipper fails to be ready for service or otherwise causes delay, the Carrier reserves the right to assess a penalty in the amount of $250.00 (the “Inconvenience Fee”), which may include forfeiture of any deposit paid, to the extent permitted by law.

This provision shall not apply where packing services have been expressly requested, fully disclosed in scope, and incorporated into this Agreement in advance.

Shipper acknowledges that any items or containers packed, wrapped, or otherwise prepared by the Shipper or any third party (collectively, “Packed by Owner” or “PBO”) have not been inspected or prepared by the Carrier. Accordingly, the Carrier shall not be liable for any loss of or damage to the contents of such PBO items, including but not limited to damage resulting from inadequate packing, improper materials, or insufficient protection.

Shipper is advised to use appropriate packing materials and methods to reasonably safeguard all items for transport. Shipper further agrees that any fragile, high-value, or delicate items should not be packed by the Shipper unless the Shipper is confident in their ability to properly protect such items; otherwise, such items should be disclosed and packed by the Carrier for an additional charge.

Shipper agrees not to overpack cartons. Individual boxes should not exceed fifty (50) pounds in weight. The Carrier reserves the right to refuse to transport or to require repacking of any carton deemed excessively heavy, unsafe, or improperly packed, and any additional labor or materials required shall be charged accordingly.

USED BOXES: The Carrier assumes no liability for damage to the contents of any cartons that have been previously used or recycled. Shipper acknowledges that used boxes may lack structural integrity and are more susceptible to failure during handling and transport.

Shipper shall be responsible for payment of all labor time incurred in excess of any prepaid or estimated time if services extend beyond the anticipated duration and/or if additional services are requested by the Shipper or are necessary to complete the move. All such additional time will be billed at the applicable hourly rates in accordance with the Carrier's tariff.

In the event the Shipper requests that the Carrier return to perform additional services after the initial completion of the move, all labor, travel time, and associated charges shall apply and shall be payable by the Shipper at the applicable rates.

Any prepaid labor time not utilized during the performance of services shall be credited or refunded to the Shipper as an overpayment, in accordance with the Carrier's standard billing practices.

Customer-Caused Delays: Delays caused in whole or in part by the Shipper, building management, property restrictions, lack of access, elevator availability, parking limitations, preparation deficiencies, inaccurate information, third-party interference, weather-related access complications, waiting for instructions, or failure to timely prepare the premises or shipment shall remain billable and shall not constitute delay, nonperformance, or breach by the Carrier.

Shipper acknowledges that certain services are outside the scope of standard household goods moving and are not included in the base hourly rate. Such services (“Additional Services”) shall be performed only upon request or as deemed reasonably necessary by the Carrier and shall be billed in accordance with the Carrier's applicable tariff rates.

Additional Services and corresponding charges may include, without limitation, the following:

1. Disassembly / Reassembly of Furniture: A charge of $25.00 per item shall apply to standard household furniture, unless otherwise expressly stated. Items of a complex, specialized, or non-standard nature—including but not limited to appliances, tools, and exercise equipment—may be subject to additional charges based on the scope, complexity, and time required, as determined pursuant to the applicable tariff.
2. Stair Carry: A charge of $50.00 per flight, per location, shall apply. For locations involving four (4) flights of stairs, a one-time charge of $200.00 shall apply, per location.
3. Long Carry: A charge of $100.00 shall apply where the distance between the moving vehicle and the primary entrance exceeds one hundred (100) feet, per location.
4. Elevator Service: A one-time charge of $100.00 shall apply per location where elevator use is required.
5. Excessive Stair Carry: A charge of $50.00 per item shall apply for every five (5) flights of stairs where an item cannot be transported via an available elevator and must be manually carried. An additional labor charge of $10.00 per hour shall apply for stair carries above the third (3rd) floor.
6. Hoisting/Lowering: Charges shall be assessed on a per-item, per-story, and per-location basis as follows:
   1. $100.00 per item weighing under one hundred (100) pounds, per each story hoisted or lowered, per applicable location;
   2. $150.00 per item weighing over one hundred (100) pounds but under two hundred (200) pounds, per each story hoisted or lowered, per applicable location;
   3. $250.00 per item weighing over two hundred (200) pounds but under three hundred (300) pounds, per each story hoisted or lowered, per applicable location;
   4. All hoisting and lowering services are subject to safety considerations, site conditions, and the Carrier's sole discretion. Additional charges may apply for items exceeding three hundred (300) pounds or requiring specialized equipment or handling.
7. Trash Removal: If the Shipper is unable or unwilling to dispose of packing materials or debris at the service location, the Carrier may remove and dispose of such materials off-site for an additional fee, commencing at $50.00 and increasing based on volume.
8. Equipment Cleaning Fee: In the event the Carrier's equipment is soiled or contaminated by any substance originating from the Shipper's items, a cleaning fee of not less than $150.00 shall apply, with the final amount determined based on the nature of the substance and the time required for remediation.

Shipper further acknowledges that the Carrier does not provide disassembly or reassembly services for certain items, including but not limited to cribs and bunk beds. Such items must be fully disassembled by the Shipper prior to the commencement of services, properly wrapped or otherwise protected for transport, and reassembled by the Shipper at the destination.

All Additional Services are subject to availability, operational feasibility, and the Carrier's sole discretion. All applicable charges shall be due and payable in accordance with the terms and conditions of this Agreement.

“Special Handling” shall mean any item requiring heightened care, specialized expertise, or non-standard methods for packing, handling, or transportation due to its inherent characteristics, including but not limited to items that are fragile, oversized, heavy, irregularly shaped, or of high or extraordinary value. Such items are deemed outside the scope of standard household goods moving and shall be subject to additional charges in accordance with the Carrier's applicable tariff, which is incorporated herein by reference.

Shipper acknowledges that Special Handling items involve an elevated risk of damage, loss, or personal injury, and that additional charges are imposed to account for the increased labor, equipment, expertise, and liability exposure associated therewith. Shipper shall fully and accurately disclose all such items prior to the commencement of services. Failure to disclose may result in additional charges, service delays, modification of services, or refusal to transport the item. The Carrier reserves the right, in its sole discretion, to decline handling or transportation of any item that is not properly disclosed, adequately prepared, or appropriately compensated under the terms of this Agreement.

Special Handling charges may include, without limitation, the following:

1. Heavy Box Fee: A charge of $25.00 shall apply to any carton exceeding fifty (50) pounds in weight.
2. Bulky/Oversized Item Fee: A charge ranging from $25.00 to $200.00 shall apply to items weighing over one hundred fifty (150) pounds but not exceeding three hundred (300) pounds, based on size, weight, and handling complexity. Applicable items include, but are not limited to, furniture, artwork, electronics, exercise equipment, glass, stone, appliances, and tools.
3. Heavy Item Fee: A charge of $0.75 per pound shall apply to items exceeding three hundred (300) pounds that require specialized handling. Such items may include, but are not limited to, pianos, safes, machinery, arcade games, jukeboxes, or other substantially heavy furnishings or equipment.
4. Fragile Item Fee: A charge of $25.00 shall apply to items requiring extensive packing, protection, or specialized handling due to fragility. This includes, but is not limited to, furniture, artwork, electronics, glass items, lamps, appliances, and similar goods. Shipper shall be required to purchase Declared Valuation coverage for such items.
5. Fine Art and Antiques: Items of high or extraordinary value, including fine art and antiques, shall be subject to additional handling charges and mandatory valuation coverage. Shipper must disclose the declared value of such items prior to the move, and appropriate valuation protection must be purchased in advance as a condition of transport.

All Special Handling services are subject to operational feasibility, safety considerations, and the Carrier's sole discretion. All applicable charges shall be due and payable in accordance with the terms and conditions of this Agreement.

Unless expressly agreed to in writing in the applicable Order for Service, the Carrier does not provide, and shall have no obligation to perform, any services not specifically requested and authorized by the Shipper.

Without limiting the foregoing, the Carrier does not assume responsibility for:

1. Disconnecting or reconnecting appliances, electronics, utilities, or gas/water lines;
2. Dismantling or assembling items requiring specialized tools, training, or third-party professionals;
3. Removal, installation, or transport of items affixed to real property, including but not limited to mounted televisions, fixtures, or built-in furniture;
4. Handling of hazardous, dangerous, or prohibited items, including but not limited to flammable materials, chemicals, ammunition, or perishable goods;
5. Cleaning services, debris removal, or disposal of unwanted items unless specifically agreed;
6. Securing parking, permits, elevator reservations, or building access requirements unless otherwise agreed in writing;
7. Any services requiring specialized licensing beyond standard moving services.

The Carrier reserves the right to refuse or discontinue services where, in its sole discretion, the conditions at the origin or destination present a safety risk, risk of damage, or are not reasonably suitable for the performance of services. In such event, the Shipper shall remain responsible for all charges incurred up to the time of refusal or suspension.

Any services performed outside the original scope, whether requested by the Shipper or deemed necessary or required by the Carrier to complete the services, shall be considered additional services and shall be subject to applicable charges.

The Carrier shall not be liable for any loss, damage, delay, or failure to perform arising from services that were not included in the agreed scope of work or were declined by the Shipper.

Shipper acknowledges that, unless otherwise elected in writing, the shipment shall be transported under Released Value Protection at no additional charge. Under such protection, the Carrier's maximum liability for loss of or damage to any article shall be limited to sixty cents ($0.60) per pound per article, regardless of the item’s actual value. By way of example, a twenty (20) pound television would have a maximum recovery value of twelve dollars ($12.00). Shipper understands that this level of protection is minimal and may not reflect the actual value of the goods.

Shipper may elect to purchase additional valuation coverage for an additional charge. Any such coverage, if selected, shall be governed by the specific terms, conditions, limitations, and exclusions set forth in the applicable valuation agreement or policy. Shipper is advised to consult with their moving coordinator regarding available coverage options and to select an appropriate level of protection prior to the commencement of services.

While the Carrier shall exercise reasonable care and employ trained personnel in the handling and transportation of the shipment, Shipper acknowledges that the risk of loss or damage cannot be entirely eliminated. The Carrier's liability shall, in all cases, be strictly limited to the level of valuation protection selected by the Shipper.

Shipper further acknowledges and agrees that the Carrier shall not be liable for loss of or damage to items resulting from or related to: (i) improper or inadequate packing performed by the Shipper or third parties; (ii) pre-existing damage, normal wear and tear, or inherent vice of the item; (iii) mechanical or electronic malfunction of items, including but not limited to appliances or electronics; (iv) items not packed in suitable containers or not prepared for transport; (v) loss of contents of cartons packed by the Shipper (PBO – Packed By Owner); (vi) acts or omissions of the Shipper or third parties; or (vii) conditions beyond the Carrier's control, including but not limited to weather, road conditions, or delays.

The Carrier reserves the right to document the condition of items prior to transport and to note any visible pre-existing damage. Acceptance of goods for transport shall not be construed as acknowledgment of the condition of such items unless expressly stated in writing.

Condition Documentation: Shipper acknowledges that the Carrier may photograph or video record the condition of goods, premises, access points, and completed work before, during, and after services for operational, evidentiary, claims-handling, fraud-prevention, and dispute-resolution purposes.

Shipper hereby releases and holds harmless the Carrier, its agents, and employees from any liability for loss of or damage to items not authorized for transport, items of extraordinary value not disclosed in writing, or items packed, handled, or prepared by the Shipper or third parties, except to the extent required by applicable law.

Accordingly, Shipper is strongly advised to obtain adequate insurance or valuation coverage to fully protect against potential loss or damage to goods.

PROTECTION REQUIREMENT: Pursuant to the terms of this Agreement and for purposes of risk mitigation, the Carrier shall apply reasonable protective materials (including, but not limited to, pads and wrapping) to items as deemed necessary for transport. In the event the Shipper refuses such protective services, the Carrier shall be released from any liability for loss or damage to the affected items.

ENGINEERED AND READY TO ASSEMBLE FURNITURE: The Carrier shall not be liable for damage to furniture constructed of engineered wood, including but not limited to particle board, pressed wood, or ready-to-assemble (RTA) items. Shipper acknowledges that such items lack structural integrity for repeated handling and transportation, and that disassembly and reassembly may result in inherent or unavoidable damage.

TELEVISIONS (HDTVs): All televisions must be properly boxed in manufacturer-approved or equivalent containers to qualify for valuation coverage. Blanket wrapping alone is insufficient and does not meet the Carrier's standards. The Carrier shall not be liable for damage to televisions that are packed by owner (PBO) or otherwise not properly prepared. Shipper is responsible for verifying operability of televisions prior to and upon completion of services.

BULKY OR OVERSIZE ITEMS: The Carrier shall not be liable for damage to oversized or bulky items that cannot reasonably be maneuvered through standard access points, including doorways, hallways, or stairwells. The Carrier shall also not be liable for damage to the premises resulting from the attempted movement of such items where proper clearance is not available.

FRAGILE ITEMS: The Carrier shall assume liability for fragile items only where such items are packed, handled, and unpacked by the Carrier's personnel. No liability shall be assumed for fragile items packed by the Shipper or any third party.

FINE ART AND ANTIQUES: Items of extraordinary value, including fine art and antiques, must be disclosed in advance and are subject to specialized packing, crating, and additional charges. The Carrier reserves the right to refuse transport of such items if not properly disclosed, prepared, and authorized under the Agreement.

CONTENTS OF FURNITURE AND CONTAINERS: The Carrier shall not be liable for the contents of drawers, cabinets, containers, or similar items. Shipper shall ensure all contents are removed prior to the commencement of services.

APPLIANCES AND ELECTRONICS: The Carrier assumes no liability for the mechanical or electrical functioning of any appliances or electronic equipment, regardless of whether such items are packed or handled by the Carrier. Shipper is advised to engage qualified service professionals for disconnection, servicing, and reinstallation.

MECHANICAL DEVICES: The Carrier shall not be liable for the internal or operational condition of mechanical items, including but not limited to pianos, jukeboxes, phonographs, or similar devices. Such items should be serviced by qualified technicians before and after transport.

ORDINARY WEAR AND TEAR: The Carrier shall not be responsible for ordinary wear and tear resulting from the normal handling of goods, including but not limited to minor scratches, scuffs, discoloration, or surface marks.

UNDISCLOSED CONDITIONS: The Carrier shall not be liable for any loss or damage arising from undisclosed or concealed conditions of the Shipper's property or items, including structural weaknesses or pre-existing damage.

HIDDEN DEFECTS: No liability shall be assumed for damage resulting from latent defects, inherent vice, or pre-existing flaws not reasonably discoverable upon ordinary inspection.

HOME PROTECTION: No liability shall be assumed for damage resulting from failure to use or purchase protection for the property, including but not limited to floors, walls, and doors.

PERSONAL EFFECTS: Shipper shall retain sole custody and responsibility for all personal effects and irreplaceable items, including but not limited to cash, currency, jewelry, watches, negotiable instruments, identification documents, medications, keys, mobile phones, computers, tablets, gaming devices, collectibles, and similar items. Such items must be removed from the shipment and secured by the Shipper prior to the Carrier's arrival. The Carrier shall have no liability for loss of or damage to such items under any circumstances.

HIGH-VALUE ITEMS: For purposes of this Agreement, “High-Value Items” are those having a value exceeding a threshold specified by the Carrier or applicable law. The Carrier shall not be liable for loss of or damage to any High-Value Item unless (i) the item is specifically identified and itemized on the inventory with a declared value stated in writing prior to the commencement of services, and (ii) the Shipper has purchased and maintained applicable additional valuation coverage or insurance sufficient to cover such declared value. In the absence of strict compliance with the foregoing requirements, all High-Value Items shall be transported, if accepted, solely at the Shipper's risk.

NON-TRANSPORTABLE ITEMS: The Carrier reserves the right, in its sole discretion, to refuse to accept, handle, or transport any items designated as non-transportable, including but not limited to hazardous materials, perishable goods, or items prohibited by law or safety regulations. Shipper acknowledges that such items are excluded from the scope of services. Shipper shall refer to the Carrier's published guidelines regarding “Personal and Non-Transportable Items” and shall be solely responsible for making independent arrangements for the handling and transportation of any such excluded items.

The Carrier's liability, if any, shall be limited solely to loss or damage proximately caused by its own negligence in the performance of services, and shall in all cases be subject to the terms, conditions, and limitations set forth in this Agreement and the applicable tariff.

The Carrier shall not be liable for any loss, damage, or delay arising from causes beyond its reasonable control, including but not limited to: weather or environmental conditions; infestation by insects, rodents, or vermin; rust, corrosion, or ordinary deterioration; acts of God; acts of governmental authorities or public enemies; conditions of premises, including driveways or access points unable to support the weight of equipment; hazardous or unsafe conditions; or any other force majeure event.

In no event shall the Carrier be liable for damages resulting from conditions or circumstances not reasonably foreseeable or preventable through the exercise of ordinary care.

Under no circumstances shall any owner, officer, director, member, manager, employee, dispatcher, coordinator, or agent of the Carrier be personally liable for any obligations, claims, damages, or disputes arising out of or relating to the services provided under this Agreement. Any such claims shall be asserted solely against the contracting Carrier entity.

PRE-MOVE INSPECTION AND DISCLOSURE: Upon arrival, the Carrier's personnel may conduct a reasonable visual inspection of the premises and items to be transported for any apparent pre-existing damage. Shipper shall disclose any known pre-existing damage prior to the commencement of services. Where such damage is observed or disclosed, the Carrier may document the condition and require execution of a liability release or notation on the inventory acknowledging such pre-existing condition.

DAMAGE REPORTING: In the event the Carrier's personnel cause visible damage to property or goods during the performance of services, such damage may be documented by the crew and reported prior to departure from the job site.

POST-MOVE INSPECTION AND CLAIMS: The Shipper is required to inspect all goods and property prior to the departure of the Carrier’s personnel and to report any alleged loss or damage at that time. Failure to do so may result in denial or limitation of any subsequent claim. Any loss or damage discovered after service completion must be reported to the Carrier promptly in writing. The Shipper shall not repair, dispose of, or otherwise alter any item claimed to be damaged without first allowing the Carrier a reasonable opportunity to inspect and, at its discretion, repair or address the issue. Failure to comply with this requirement may result in denial of the claim.

EXCLUSIONS FROM LIABILITY: The Carrier shall not be liable for loss or damage arising from or related to the following conditions:

1. Protruding Hardware: Damage caused by nails, screws, staples, or other protruding hardware or latent hazards within furniture or items not reasonably observable prior to handling.
2. Floor Protection: Damage to flooring surfaces where the Shipper has declined the use of protective materials or services. Applicable flooring includes, but is not limited to, hardwood, engineered wood, vinyl, tile, and carpet.
3. Pre-Existing or Defective Conditions: Damage resulting from defective or worn furniture components, including but not limited to compromised leg glides, casters, or structural weaknesses.
4. Ordinary Wear and Tear: Minor surface damage or conditions revealed through normal handling, including but not limited to scratches, scuffs, discoloration, or marks that are consistent with ordinary use and not caused by negligence.

All liability of the Carrier shall be subject to the terms, limitations, and valuation provisions set forth in this Agreement and the applicable tariff.

To the fullest extent permitted by applicable law, the Carrier shall not be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or related to the performance or non-performance of services under this Agreement. Such excluded damages include, but are not limited to, loss of use, loss of time, inconvenience, delay, lost profits, missed appointments, travel expenses, lodging costs, or any other economic or non-economic losses.

To the fullest extent permitted by applicable law, the Carrier shall not be liable for any claims involving: emotional distress; mental anguish; inconvenience; reputational harm; loss of goodwill; embarrassment; humiliation; loss of business opportunity; business interruption; lost profits; speculative damages; exemplary damages; or special or indirect damages of any kind, whether arising under contract, tort, statute, negligence, consumer protection laws, or any other legal or equitable theory, even if the Carrier was advised of the possibility of such damages.

In all cases, the Carrier's maximum liability for loss of or damage to goods shall be strictly limited to the valuation protection selected by the Shipper and as set forth in this Agreement and the applicable tariff.

Shipper acknowledges and agrees that the allocation of risk set forth in this Agreement is a material part of the consideration for the services provided and that the rates charged reflect such allocation of risk.

Gratuities: Gratuities are not required under this Agreement and are provided solely at the Shipper's discretion. Any gratuity given is a voluntary acknowledgment of service and shall not be construed as a condition of performance. Suggested gratuity ranges, if any, are provided for general guidance only and may vary based on factors including, but not limited to, the size and complexity of the move, duration of services, working conditions, and overall service quality. Solicitation or demand of gratuities by personnel is strictly prohibited, and any such conduct should be reported to the Carrier immediately.

Meals: The Carrier's personnel are responsible for their own meals. Any food or refreshments voluntarily provided by the Shipper shall be considered a gratuitous courtesy, and the Carrier shall have no obligation to reimburse or credit the Shipper for such expenses.

Breaks and Billable Time Adjustments: Short, customary breaks taken by personnel are included in billable time. Break periods exceeding fifteen (15) consecutive minutes may be deducted from billable time, provided that the entire crew ceases work simultaneously for the duration of such break. Partial crew breaks or staggered breaks shall not qualify for a billing adjustment. All determinations regarding break time and corresponding billing adjustments shall be made in accordance with the Carrier's standard policies and procedures.

The Carrier shall use commercially reasonable efforts to effect delivery of the shipment in accordance with the agreed schedule; however, delivery times are estimates only and are not guaranteed. The Carrier shall not be liable for any delay or inability to complete delivery resulting from conditions beyond its reasonable control, including but not limited to weather, traffic, access limitations, building restrictions, or other unforeseen circumstances.

If delivery cannot be completed through customary means, including but not limited to the use of stairs or elevators, the Carrier reserves the right to implement alternative methods of delivery, including hoisting, lowering, shuttling, or the use of additional labor and/or equipment. All such services shall be subject to additional charges in accordance with the Carrier's applicable tariff.

Shipper acknowledges that delays attributable to building conditions or third-party factors—such as inadequate elevator access, restricted loading zones, or other site limitations—may result in additional billable time, including waiting time, which shall be charged at the applicable hourly rate.

In the event that no authorized representative of the Shipper is present at the time of delivery, or where delivery instructions are incomplete or unclear, the Carrier may, at its sole discretion, store, redeliver, or otherwise handle the shipment in a commercially reasonable manner, all at the Shipper's sole risk and expense.

If the Shipper requests storage services, fails to accept delivery, is unavailable for delivery, refuses delivery, fails to provide lawful access, fails to make payment when due, or if delivery cannot reasonably be completed for any reason beyond the Carrier’s control, the Carrier may, at its sole discretion, place all or part of the shipment into storage at a warehouse, storage facility, trailer, container, or location selected by the Carrier.

Upon placement of the shipment into storage, the Carrier shall thereafter act in the capacity of a warehouseman with respect to the stored property and not solely as a motor carrier. All storage shall be subject to the terms of this Agreement, the Carrier’s tariff, applicable warehouse rates, and all applicable laws governing warehouse storage and warehouseman liens.

All storage charges, warehouse handling fees, transportation charges, redelivery charges, administrative fees, late fees, lien enforcement expenses, and related costs shall be the sole responsibility of the Shipper and shall accrue monthly or as otherwise assessed pursuant to the Carrier’s tariff and billing policies.

RISK OF LOSS: Goods placed into storage shall be stored at the Shipper’s sole risk except to the extent loss or damage is directly caused by the Carrier’s gross negligence or willful misconduct and subject at all times to the valuation limitations, liability limitations, exclusions, and claims procedures contained in this Agreement.

The Carrier shall not be liable for:

1. deterioration caused by passage of time;
2. mold, mildew, rust, corrosion, condensation, humidity, temperature fluctuation, or environmental conditions;
3. pest or vermin infestation;
4. mechanical or electronic malfunction;
5. inherent vice, latent defect, or pre-existing damage;
6. odor transfer, leakage, contamination, or spoilage;
7. acts of God, fire, flood, utility interruption, theft, vandalism, or force majeure events beyond the Carrier’s reasonable control; or
8. damage to improperly packed, perishable, fragile, or owner-packed items.

Unless additional valuation coverage is expressly purchased in writing and accepted by the Carrier, no insurance coverage or warehouse insurance is provided for goods placed into storage, and the Shipper is solely responsible for obtaining any desired insurance coverage.

ABANDONED PROPERTY: If the Shipper fails to pay all charges due, fails to claim the shipment, or fails to accept delivery within thirty (30) days following written notice from the Carrier, the shipment may be deemed abandoned to the fullest extent permitted by applicable law. In such event, the Carrier may enforce its warehouseman’s lien and may sell, dispose of, donate, destroy, or otherwise release the property in accordance with applicable law without further liability to the Carrier.

Any proceeds recovered from the sale or disposition of the property may be applied toward all outstanding charges, including transportation charges, storage charges, attorneys’ fees, collection costs, administrative expenses, notice costs, sale expenses, and other lawful charges, with any remaining balance handled in accordance with applicable law.

The rights and remedies set forth herein are cumulative and in addition to all other rights and remedies available under this Agreement, the Carrier’s tariff, and applicable law.

Any services arranged, requested, or performed outside the scope of this Agreement and not expressly authorized by Coffey Bros. Moving are strictly prohibited. Shipper acknowledges that any direct payment, compensation, or gratuity made to any employee for unauthorized or off-contract services constitutes a violation of company policy.

In the event such unauthorized arrangements occur, the Carrier shall have no obligation or liability with respect to those services, and all protections, warranties, and remedies otherwise available under this Agreement shall be deemed null and void as to the affected services. Coffey Bros. Moving shall not be responsible for any loss, damage, or claim arising out of or related to such unauthorized services or payments.

By providing payment information, Shipper authorizes Coffey Bros. Moving to place a pre-authorization hold on the designated credit or debit card for the estimated cost of services up to five (5) days prior to the scheduled move date. This pre-authorization is not a final charge and is used solely to verify available funds and secure payment for the services to be performed.

Shipper acknowledges and agrees that the final charges will be based on the actual services rendered, including but not limited to labor time, materials used, and any additional services requested or required on the day of the move. Shipper authorizes Coffey Bros. Moving to charge the same payment method for the final balance due within twenty-four (24) hours following completion of services.

Shipper further acknowledges and agrees that all estimates are preliminary and based solely upon information available prior to the move. Actual charges shall be determined by the inventory, services performed, materials used, access conditions, labor requirements, and other circumstances encountered on the date of service. The Carrier reserves the right to revise or adjust any estimate upon arrival once actual conditions are known, and Shipper agrees to pay all charges incurred in accordance with the Carrier's tariff and this Agreement.

Shipper expressly certifies that they are the authorized cardholder or account holder and have full authority to approve all transactions contemplated under this Agreement. Shipper further agrees that submission of payment information, whether electronically, in writing, or verbally (where permitted by law), constitutes authorization for both the pre-authorization hold and the final charge.

Shipper acknowledges and agrees that this transaction is conducted with prior authorization and valid consent, and agrees not to dispute or initiate a chargeback with their financial institution for charges that are consistent with this Agreement, except in cases of fraud or as otherwise required by applicable law. In the event of a chargeback or payment dispute, Shipper agrees that Carrier may provide this Agreement, signed or electronically accepted documents, communications, invoices, service records, and any related transaction data as evidence that the charge was authorized and valid.

Shipper consents to the use of electronic records as proof of authorization and acceptance, including but not limited to IP address logs, timestamps, device identifiers, electronic signatures, email confirmations, and call recordings (where permitted by law). Such records shall be admissible as evidence of Shipper's authorization of charges and acceptance of terms.

Shipper further acknowledges that the final charge may exceed or be less than the original estimate and agrees to pay the full amount of all charges incurred. Any unused portion of the pre-authorization hold will be released by the Shipper's financial institution in accordance with its policies and timelines, which are outside the control of Coffey Bros. Moving.

In the event of a declined transaction, insufficient funds, or failure to maintain a valid payment method, the Carrier reserves the right to suspend, delay, or withhold services until satisfactory payment arrangements are made, and Shipper shall remain responsible for any resulting costs or delays.

Collect on Delivery: Payment for all services rendered or to be rendered shall be due and payable in full prior to the unloading and release of the shipment, in accordance with applicable law and the Carrier's tariff (“Collect on Delivery” or “COD”). The Carrier shall have no obligation to unload or deliver the shipment until full payment has been received.

The Shipper expressly acknowledges and agrees that:

1. Time Worked = Earned Charges: All labor time performed, whether or not the full scope of services is completed, constitutes earned, non-refundable charges.
2. No Completion Guarantee: Service completion is not guaranteed where the customer has selected a limited or insufficient service duration.
3. Customer Responsibility for Duration Selection: The service duration was selected at the customer’s direction, and the customer assumes all risk associated with underestimating the time required.
4. Additional Time Billing: Any additional time authorized shall be billed at the applicable hourly rate. If additional time is not authorized or unavailable, any incomplete services shall not affect the validity of charges incurred.

Identification Verification Requirement: As a condition of release of the shipment, the individual tendering final payment must present valid government-issued identification that matches the name of the contracting Shipper or any authorized third-party payer listed in this Agreement. The Carrier reserves the right to verify identity prior to accepting payment and releasing the shipment. Failure to provide satisfactory identification may result in refusal of payment and delay of delivery until proper verification is completed.

Third-Party Payment: If final payment is to be made by an individual other than the contracting Shipper, such individual must be added to this Agreement as a responsible party and shall assume joint and several liability for all charges. The Carrier reserves the right to require identity verification, including government-issued identification, full contact information, and a written authorization with signature. Payment authorizations shall not be accepted telephonically without appropriate written verification.

Rates and Non-Negotiability: All charges are assessed in accordance with the Carrier's applicable tariff and are non-negotiable. No discounts, offsets, or reductions shall be granted unless expressly authorized in writing by the Carrier.

Estimate Acknowledgment: Shipper acknowledges that any estimate provided prior to service is a non-binding approximation based upon information available at the time it is prepared. Final charges are based upon the actual services performed, inventory handled, materials used, labor required, access conditions, and other circumstances encountered on the date of service. The Carrier may revise the estimate upon arrival once actual conditions are known, and all resulting charges shall be due and payable in full.

Negotiation of Charges – Cash Payment Requirement: Any attempt by the Shipper or any third party to dispute, negotiate, delay, condition, or otherwise contest the charges at or prior to delivery shall, at the Carrier’s sole discretion, result in the immediate requirement that all outstanding charges be paid in cash only. In such event, the Carrier may refuse all electronic or card-based payments. No negotiation, dispute, or request for adjustment shall delay payment obligations or the Carrier’s right to enforce its lien.

Nonpayment; Lien Rights: In the event of nonpayment or refusal to remit payment in full, the Carrier reserves all rights and remedies available at law and in equity, including but not limited to enforcement of a Carrier's lien on the shipment. The Carrier may retain possession of the goods until payment is made in full. The Carrier may also pursue all available legal remedies, including recovery of amounts due, costs, and attorneys’ fees where permitted by law.

Accepted Forms of Payment: Accepted payment methods, at the Carrier's discretion, include cash, approved electronic payment platforms, and major credit or debit cards (Visa, Mastercard, Discover). A processing fee of four percent (4%) shall apply to all card transactions.

Prohibited Payment Methods: The Carrier does not accept personal or business checks, American Express, or certain third-party payment platforms, as determined by company policy.

Billing Time and Payment Readiness: Shipper acknowledges that labor time is billed on an hourly basis and continues to accrue until payment is completed and confirmed. Shipper agrees to have funds readily available to satisfy all charges at the time of billing.

No Extended Terms: The Carrier does not offer credit terms, deferred payment arrangements, or installment plans unless expressly agreed to in writing.

Refusal of Payment / Vacating Premises Due to Nonpayment: If, upon completion of loading, unloading, or at any point when payment is due under this Agreement, the Shipper refuses or fails to remit payment in full as required, the Carrier reserves the right to suspend services and vacate the premises. The Carrier and its crew shall not be required to remain onsite for more than thirty (30) minutes following a demand for payment. Any delay beyond thirty (30) minutes caused by the Shipper’s refusal, inability, or failure to make payment shall be deemed a service delay attributable to the Shipper and may result in additional waiting time charges, redelivery charges, storage charges, cancellation charges, or other applicable tariff charges. If payment is not received within the allotted time, the Carrier may remove its personnel and equipment from the premises and retain possession of the shipment until all balances due, including any additional charges incurred as a result of the delay or nonpayment, are paid in full. Any subsequent return for delivery or completion of services shall be scheduled at the Carrier’s discretion and subject to additional charges.

Shipper agrees that all charges for services rendered under this Agreement are due and payable in full in accordance with the Carrier's payment terms, without deduction, offset, counterclaim, or withholding of any kind.

Shipper shall not withhold, delay, or reduce payment based on any alleged loss, damage, delay, dissatisfaction with services, or pending claim. Any such issues shall be addressed separately through the claims process as set forth in this Agreement and shall not relieve Shipper of the obligation to remit full payment when due.

Shipper acknowledges that payment for services and resolution of claims are separate and independent obligations. Failure to remit full payment when due shall constitute a material breach of this Agreement and may result in the exercise of all available remedies, including but not limited to suspension of services, refusal to deliver, enforcement of lien rights, and referral to collections or legal action.

To the fullest extent permitted by applicable law, Shipper expressly waives any right to setoff, recoupment, or deduction against amounts owed to the Carrier.

Storage in Lieu of Delivery: If, for any reason not attributable to the Carrier, delivery cannot be completed at the address specified in this Agreement, or at any updated address properly communicated to the Carrier, the Carrier may, at its sole discretion, place the shipment in storage at a warehouse of its choosing at or near the destination or at another reasonable location. The shipment shall be stored at the Shipper's sole risk and expense, and the Carrier shall not be liable for loss or damage except as otherwise provided by applicable law. All goods so stored shall be subject to a continuing lien in favor of the Carrier for all accrued transportation, storage, and other lawful charges.

Refusal, Failure to Accept, or Nonpayment: If the shipment is refused by the consignee, or if the Shipper, consignee, or owner fails to accept delivery or claim the shipment within fifteen (15) days after written notice sent via United States mail to the addresses provided herein, or if the Shipper fails or refuses to pay all applicable charges in accordance with the Carrier's tariff, the Carrier may enforce its lien by selling the shipment, in whole or in part, at its option, in accordance with applicable law.

Sale of Goods: Such sale may be conducted either (a) in the manner authorized by applicable law, or (b) by public auction to the highest bidder for cash. In the event of a public sale, the Carrier shall provide at least thirty (30) days’ notice of the time and place of sale, published not less than once per week for two (2) consecutive weeks in a newspaper of general circulation in the vicinity of the sale. The notice shall include a general description of the property, together with the names of the consignor and consignee as set forth in the bill of lading.

Application of Proceeds: Proceeds from any such sale shall be applied first to the payment of all lawful charges due to the Carrier, including but not limited to transportation, storage, notice, advertising, sale expenses, and costs associated with the care and maintenance of the shipment. Any remaining balance, if any, shall be remitted to the lawful owner of the property.

Perishable and Unsanitary Goods: Any perishable items, or items that are determined by the Carrier, in its reasonable discretion, to be hazardous, contaminated, infested, or otherwise unsanitary, may be sold, discarded, or otherwise disposed of at public or private sale without prior notice if such action is necessary to prevent spoilage, contamination, health risks, or further deterioration. In the event of nonpayment or abandonment, the Carrier shall have the right to immediately dispose of such items without liability, and all costs associated with handling, remediation, cleaning, and disposal shall be the sole responsibility of the Shipper and shall be added to the total amount due under this Agreement.

Shipper acknowledges that failure to remit payment in full for services rendered may constitute a violation of applicable law, including but not limited to 720 ILCS 5/16-3. In the event of nonpayment, the Carrier reserves the right to pursue all remedies available at law and in equity, including referral to appropriate law enforcement authorities. Shipper shall be responsible for any restitution, court costs, and attorneys’ fees to the extent permitted by law.

If payment remains outstanding for more than thirty (30) days from the date due, the Carrier may, at its discretion, refer the account to a third-party collection agency or legal counsel for recovery. Shipper agrees to be liable for all reasonable costs of collection incurred by the Carrier, including but not limited to collection agency fees, attorneys’ fees, court costs, and any other expenses permitted by law. Where applicable, such costs may include a collection fee of up to forty percent (40%) of the outstanding balance, to the extent allowed by law.

Nothing herein shall limit the Carrier's right to pursue additional remedies, including enforcement of lien rights or initiation of civil proceedings for recovery of amounts due.

To the fullest extent permitted by applicable law, in any arbitration, lawsuit, collection action, claim proceeding, or other legal action arising out of or relating to this Agreement, the services provided, the enforcement of this Agreement, or the collection of amounts due, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, arbitration fees, expert fees, court costs, collection costs, administrative expenses, and all other related costs and expenses incurred in connection therewith.

Such rights shall be cumulative of and in addition to any other remedies available at law or in equity and shall survive completion of services, termination of this Agreement, and entry of judgment.

In the event that this Agreement is executed by an individual on behalf of another person, entity, or third-party payer, the undersigned individual (the “Guarantor”) hereby personally guarantees the full and timely payment of all charges, fees, and amounts due under this Agreement. The Guarantor shall be jointly and severally liable with the Shipper for all obligations arising under this Agreement, including but not limited to charges for services rendered, additional services, materials, cancellation fees, storage fees, collection costs, attorneys’ fees, and any other amounts due, to the fullest extent permitted by law.

This guarantee is absolute, unconditional, and continuing, and shall not be affected by any extension of time, modification of services, change in scope, or any amendment to this Agreement. The Carrier shall not be required to first pursue remedies against any other party prior to enforcing this guarantee. The Guarantor expressly waives notice of default, demand for payment, and all suretyship defenses. This guarantee shall survive completion of services and termination of this Agreement.

Spousal / Household Responsibility: For residential moves, any individual who authorizes, directs, participates in, benefits from, accepts, or otherwise requests the services provided under this Agreement, including but not limited to a spouse, domestic partner, household member, or authorized occupant, may be deemed a responsible party. Such individual agrees to be jointly and severally liable for all charges and obligations arising under this Agreement to the fullest extent permitted by applicable law.

Shipper represents and warrants that they have the authority to enter into this Agreement on behalf of all occupants of the premises and to bind such individuals to the terms herein. Shipper agrees to indemnify and hold harmless the Carrier from any claims arising out of a lack of such authority.

Survival of Obligation; Divorce or Separation: Shipper acknowledges that obligations under this Agreement are contractual in nature and independent of any personal, marital, or domestic arrangements. In the event of divorce, separation, dissolution of a relationship, or dispute between household members, all parties who have executed, authorized, or benefited from this Agreement shall remain jointly and severally liable for all charges and obligations. No private agreement, court order, or arrangement between such parties shall relieve any individual of liability to the Carrier unless expressly agreed to in writing by the Carrier.

Corporate Authority and Signer Liability: If this Agreement is executed on behalf of a corporation, limited liability company, partnership, or other entity, the individual signing this Agreement represents and warrants that they have full authority to bind such entity. The signing individual further agrees that, in the event such authority is lacking, disputed, or invalid, they shall be personally liable for all obligations arising under this Agreement.

The entity and the individual signer shall be jointly and severally liable for all charges, fees, and obligations under this Agreement unless expressly agreed otherwise in writing by the Carrier.

By providing payment information, executing this Agreement, electronically accepting services, or authorizing the commencement or continuation of services, the Shipper expressly authorizes Coffey Bros. Moving (“Carrier”) to charge any approved payment method for all deposits, labor charges, travel charges, material charges, storage charges, additional services, accessorial charges, cancellation charges, and all other lawful amounts incurred under this Agreement.

Shipper acknowledges and agrees that all payments made by credit card, debit card, electronic transfer, or other electronic means are authorized, valid, and made in exchange for services actually performed, reserved, scheduled, or rendered pursuant to this Agreement.

Service Duration and Completion Acknowledgment: Shipper acknowledges and agrees that:

1. All estimates are based upon the inventory, scope of work, and service duration requested or authorized by the Shipper;
2. The amount of time reserved for services may be insufficient to complete all requested services;
3. The Carrier does not guarantee completion of all requested services within the time reserved by the Shipper;
4. The Carrier makes no guarantee of completion where limited or insufficient time is reserved;
5. Incomplete or partially completed services resulting from insufficient time booked, scheduling limitations, customer delays, or refusal to authorize additional time shall not constitute fraud, misrepresentation, non-delivery, or failure to perform services;
6. All labor time performed, including partially completed services, constitutes earned and non-refundable charges; and
7. Additional labor time authorized by the Shipper shall be billed at the applicable hourly rates in accordance with the Carrier’s tariff and this Agreement.

Payment Authorization and Billing:

1. Shipper authorizes the Carrier to:
   1. place pre-authorization holds on payment cards prior to the scheduled move date;
   2. process final payment upon completion of services;
   3. charge additional authorized amounts incurred during the performance of services; and
   4. retain and utilize electronic payment records, signatures, communications, invoices, and transaction records as evidence of authorization and acceptance.
2. Shipper further acknowledges that labor time and billing may continue to accrue until payment is completed, verified, and processed.

Chargebacks and Payment Disputes:

1. Shipper agrees not to initiate or pursue any chargeback, payment reversal, or payment dispute absent a good-faith belief that the charge was unauthorized, fraudulent, or materially inconsistent with the terms of this Agreement.
2. Without limitation, Shipper specifically agrees that the following shall not constitute valid grounds for a chargeback or payment dispute:
   1. services not being completed within the originally reserved time;
   2. additional time being required to complete services;
   3. refusal to authorize additional time;
   4. dissatisfaction arising from underestimated inventory, undisclosed conditions, or insufficient time booked;
   5. charges for labor time actually performed;
   6. charges for additional services requested or required during the move;
   7. dissatisfaction relating to scheduling delays, operational delays, or conditions beyond the Carrier’s reasonable control; or
   8. misunderstanding of the relationship between service duration and completion of work.

Completion and Delivery Acknowledgment:

1. By signing any bill of lading, invoice, delivery receipt, inventory, completion acknowledgment, electronic sign-off, or otherwise authorizing completion of services, the Shipper acknowledges and agrees that:
   1. the services performed were authorized;
   2. the charges and labor time are accurate to the best of the Shipper’s knowledge;
   3. services were rendered in accordance with this Agreement, subject to any written exceptions documented at the time of completion;
   4. the Shipper was provided an opportunity to inspect the goods and premises; and
   5. absent written objection documented at the time of completion, the services shall be presumed satisfactorily rendered.

Evidence and Electronic Records:

1. Shipper acknowledges and agrees that the Carrier may rely upon and submit the following records in response to any payment dispute, arbitration, legal proceeding, collection action, or chargeback investigation:
   1. signed estimates, invoices, bills of lading, and service contracts;
   2. electronic signatures and acknowledgments;
   3. payment authorizations and transaction records;
   4. emails, text messages, and communications between the parties;
   5. GPS records, dispatch logs, time records, and job documentation;
   6. photographs, videos, inventories, inspection reports, and delivery confirmations;
   7. call recordings where permitted by law; and
   8. all other business records maintained in the ordinary course of operations.
2. Such records shall be admissible to the fullest extent permitted by applicable law as evidence of authorization, performance of services, delivery, and payment obligations.

Nonpayment, Recovery of Costs, and Collections:

1. Failure to remit payment when due, or initiation of a payment dispute without a good-faith legal basis, may constitute a material breach of this Agreement.
2. In the event of nonpayment, chargeback, reversal, collection action, or payment dispute, the Carrier reserves all rights and remedies available under this Agreement and applicable law, including but not limited to:
   1. recovery of all unpaid charges;
   2. chargeback fees and processing penalties;
   3. administrative and collection costs;
   4. storage charges and redelivery charges where applicable;
   5. reasonable attorneys’ fees and legal expenses to the extent permitted by law;
   6. referral to third-party collection agencies; and
   7. enforcement of lien rights and other lawful remedies.
3. Shipper agrees to reimburse the Carrier for all amounts lawfully owed within thirty (30) days following written demand unless otherwise required by applicable law.
4. Nothing contained herein shall limit the Carrier’s right to pursue any remedies available at law or in equity.

Illinois Enforcement Notice: To the extent permitted under applicable law, the Carrier reserves the right to pursue remedies under 720 ILCS 5/17-37 (Use of credit or debit card with intent to defraud), which may include criminal penalties, restitution, court costs, and attorneys’ fees.

The Shipper shall inspect all goods and property immediately upon completion of services and prior to the departure of the Carrier’s personnel. Any visible loss, damage, shortage, or claim arising from the services provided must be reported to the Carrier in writing within seventy-two (72) hours following completion of services. Any concealed loss or damage not reasonably discoverable upon initial inspection must be reported to the Carrier in writing within seven (7) days following completion of services.

Shipper agrees to provide written notice of any claim for loss or damage as soon as reasonably practicable. For administrative and claims-handling purposes, the Carrier requests that all claims be submitted in writing by email to claims@coffeybrosmoving.com within five (5) days following delivery or completion of services. Each claim shall include:

1. a reasonably detailed description of the alleged loss or damage;
2. identification of the affected item(s) or property;
3. photographs where reasonably available;
4. receipts, estimates, or supporting documentation where available; and
5. any other information reasonably requested by the Carrier in connection with the investigation of the claim.

Claims relating to items not included in the inventory, not disclosed to the Carrier, or not identified to the Carrier at the time of service may be denied.

Notwithstanding the foregoing, nothing contained herein shall limit, waive, or shorten any non-waivable rights or claim periods provided under applicable law. To the extent applicable law requires a longer notice or claim period, such law shall control. Shipper acknowledges, however, that failure to provide prompt notice, preserve evidence, or provide supporting documentation may delay investigation of the claim and may increase the burden of proof in establishing liability and damages.

The Shipper shall not repair, alter, dispose of, replace, or otherwise modify any allegedly damaged item prior to providing the Carrier a reasonable opportunity to inspect the item and evaluate the claim. Failure to preserve the item for inspection may result in denial or limitation of the claim to the extent the Carrier is prejudiced by the inability to inspect the alleged damage.

Upon receipt of a claim, the Carrier shall have the right to inspect the allegedly damaged item(s) or property. If liability is established, the Carrier may, at its sole option and consistent with the valuation protection selected by the Shipper: (i) repair the damaged item, (ii) arrange for repair by a qualified third party, or (iii) replace an item with an item of like kind and quality; or (iv) offer a monetary settlement based on the cost of repair or the applicable valuation coverage.

The Carrier shall have up to one hundred twenty (120) days following receipt of the written claim and all reasonably requested supporting documentation to investigate the claim and either: pay the claim; deny the claim in whole or in part; or issue a written settlement offer.

Any settlement offer issued by the Carrier shall remain open for acceptance for at least thirty (30) days unless otherwise stated in writing. Failure to timely respond to a settlement offer may result in closure of the claim file.

Shipper acknowledges that the Carrier’s liability for any loss or damage is limited by the valuation protection selected, the limitations of liability contained in this Agreement, and applicable law, and may be substantially less than the actual value of the goods. Full-value protection is not provided unless expressly elected in writing and paid for in advance.

Opportunity to Cure: Shipper agrees that the Carrier shall be afforded a reasonable opportunity to inspect, repair, replace, correct, or otherwise address any alleged loss, damage, billing concern, service complaint, or performance-related issue before the Shipper initiates chargebacks, payment reversals, public accusations, third-party complaints, legal proceedings, or self-help repairs, except where immediate action is reasonably necessary to prevent further damage or harm.

Duty to Mitigate: Shipper shall take all reasonable steps to mitigate and minimize any alleged loss or damage. Shipper shall not permit alleged damages to worsen unnecessarily and shall make reasonable efforts to preserve the condition of the affected property pending inspection and resolution of the claim. Failure to mitigate damages may result in reduction or denial of the claim to the extent such failure materially increased the alleged loss or prejudice to the Carrier.

Failure to Mitigate: The Carrier shall not be liable for damages materially increased by the Shipper’s failure to take reasonable steps to mitigate, preserve, protect, secure, or prevent further deterioration of affected property following discovery of any alleged loss or damage. Shipper further agrees not to dispose of, alter, repair, or replace allegedly damaged property prior to providing the Carrier a reasonable opportunity to inspect such property, except where immediate action is reasonably necessary to prevent further damage or safety hazards.

To the fullest extent permitted by applicable law, any claim, lawsuit, arbitration demand, action, or proceeding arising out of or relating to this Agreement, the services provided, the shipment, loss or damage to goods, billing, payment disputes, or any acts or omissions of the Carrier must be commenced within one (1) year from the date the services were performed, delivery was completed, or the claim accrued, whichever occurs first.

Failure to commence such action within the applicable time period shall constitute an absolute bar to the claim, and the claim shall be deemed permanently waived and released.

This contractual limitations period applies regardless of the legal theory asserted, including but not limited to contract, tort, negligence, fraud, misrepresentation, statutory claims, or any other legal or equitable theory, to the fullest extent permitted by applicable law.

Confidentiality of Customer Information: All information provided by the Shipper, including but not limited to personal, employment, contact, billing, and service-related details (“Shipper Information”), shall be maintained as confidential by the Carrier and shall not be disclosed to any third party except as necessary to perform the contracted services, process payment, or as otherwise required by applicable law.

Verification and Authorization Requirement: The Carrier shall not release, disclose, or discuss any Customer Information with any third party unless and until the identity of the requesting party and their legal authority to receive such information have been verified to the Carrier’s reasonable satisfaction. Such verification may include, but is not limited to, written authorization from the Shipper, government-issued identification, notarized documentation, or other supporting materials as determined by the Carrier.

Non-Confirmation of Customer Relationship: The Carrier shall not confirm or deny the existence of any customer relationship, shipment, account, or transaction to any individual or entity whose identity and authorization cannot be verified.

Refusal of Unauthorized Requests: All inquiries from individuals or entities lacking verified identity and/or authorization shall be denied. The Company reserves the right, in its sole discretion, to require written authorization, government-issued identification, notarized documentation, or other supporting materials prior to processing any request for Customer Information.

Compliance with Privacy Standards: This provision is enforced in accordance with applicable privacy and data protection principles, including confidentiality, data minimization, and identity verification, and consistent with applicable laws, including but not limited to the Federal Trade Commission Act Section 5 and the Illinois Personal Information Protection Act.

Limitation of Liability: In no event shall the Carrier be liable for any damages, claims, or losses arising from its good-faith refusal to disclose Customer Information where such refusal is based on the Carrier’s determination that the requesting party lacks proper verification or authorization.

The Shipper agrees to indemnify and hold harmless the Carrier from any claims arising out of or related to the unauthorized release or attempted access of Customer Information, except where caused by the Carrier’s willful misconduct.

Shipper acknowledges and agrees that, to the fullest extent permitted by applicable law, the Carrier may record telephone calls and retain electronic communications, including but not limited to emails, text messages, online submissions, digital correspondence, chat communications, photographs, video recordings, identification verification records, GPS/location data associated with service activities, and other electronic records, for purposes including quality assurance, training, scheduling, dispatching, identity verification, payment processing, fraud prevention, security, documentation, operational review, claims handling, collections, regulatory compliance, and dispute resolution.

By engaging the Carrier’s services and communicating with the Carrier electronically or telephonically, Shipper expressly consents to such recording, retention, collection, storage, and use of communications and electronic records.

Shipper further authorizes the Carrier to photograph and/or video record the premises, shipment, inventory, condition of goods, loading and unloading activities, vehicle placement, access conditions, pathways, elevators, stairways, parking areas, property conditions, damages, packing methods, completed work, and related moving activities before, during, and after the performance of services for documentation, operational, safety, training, security, claims-handling, fraud-prevention, insurance, and evidentiary purposes.

The Carrier may utilize dashboard cameras, mobile devices, surveillance equipment, body-worn cameras, vehicle-mounted cameras, and similar recording technology in connection with the performance of services, security monitoring, customer interactions, property documentation, and dispute resolution, to the fullest extent permitted by law.

Shipper acknowledges and agrees that photographs and video recordings may capture portions of the premises, surrounding property, individuals present at the location, license plates, and personal property reasonably related to the services being performed. Such recordings and images may be retained by the Carrier as part of its business records.

Shipper further acknowledges and agrees that the Carrier may request, collect, photograph, scan, store, redact, and retain copies or images of government-issued identification, signatures, payment cards (where permitted by law), vehicle information, and related verification documentation for identity verification, payment authorization, fraud prevention, security, chargeback defense, collections, insurance, and compliance purposes. Shipper represents and warrants that any identification or payment information provided belongs to the authorized individual providing such information and may lawfully be used for the transaction.

The parties agree that this Agreement and any related estimates, invoices, authorizations, approvals, notices, communications, payment authorizations, change orders, revisions, acknowledgments, inventories, claims documentation, and other records may be executed, delivered, accepted, transmitted, stored, and retained electronically.

Shipper further acknowledges and agrees that electronic signatures, electronic acceptances, typed names, emailed approvals, text message confirmations, click-through acceptances, online submissions, recorded verbal authorizations (where permitted by law), GPS confirmations, digital timestamps, IP address logs, device identifiers, and other electronic records shall have the same legal force and effect as original handwritten signatures and paper records.

This Agreement is intended to comply with and shall be governed by the Electronic Signatures in Global and National Commerce Act (“ESIGN Act”), 15 U.S.C. § 7001 et seq., the Illinois Uniform Electronic Transactions Act (“UETA”), 815 ILCS 333/1 et seq., and all other applicable electronic signature, electronic records, privacy, and communications laws.

Shipper agrees that such recordings, photographs, video recordings, identification records, electronic communications, metadata, and electronic records may be used, disclosed where reasonably necessary, authenticated, and admitted as evidence in any arbitration, legal proceeding, administrative proceeding, insurance claim, chargeback dispute, collection action, law enforcement inquiry, or other dispute arising out of or relating to this Agreement or the services provided.

To the fullest extent permitted by applicable law, the Carrier shall retain sole ownership of all photographs, recordings, videos, electronic documentation, and related business records created in connection with the services.

Shipper further acknowledges that it is their responsibility to notify any authorized representative, occupant, guest, employee, agent, or third party acting on their behalf of this recording, photography, identification verification, and electronic communications policy.

Protected Communications: Nothing in this Agreement shall be construed to prohibit or restrict the Shipper from providing truthful statements, honest opinions, lawful reviews based upon actual experience, or communications with governmental, regulatory, consumer protection, law enforcement, or legal authorities as protected under applicable law.

Good-Faith Communications: Nothing in this Agreement is intended to prohibit, restrict, or discourage the Shipper from engaging in good-faith communications regarding actual experiences with the Carrier, including lawful consumer reviews, complaints, or reports made honestly and without knowledge of falsity.

Prohibition on False Statements: Shipper agrees not to knowingly make, publish, communicate, transmit, or disseminate any false, misleading, defamatory, fraudulent, materially inaccurate, malicious, extortionary, harassing, or threatening statements regarding the Carrier, its owners, officers, employees, agents, representatives, affiliates, services, or business practices, including but not limited to statements made through online reviews, social media, public forums, consumer platforms, payment processors, insurance claims, dispute submissions, or other public or private communications.

Prohibited Conduct: Shipper further agrees not to:

1. threaten negative reviews, complaints, social media posts, public accusations, chargebacks, or regulatory complaints for the purpose of obtaining refunds, discounts, free services, reduced balances, or other compensation not otherwise owed;
2. publish or disclose private, confidential, personal, identifying, or non-public information regarding the Carrier’s personnel or operations;
3. engage in harassment, abusive conduct, intimidation, or targeted online attacks directed toward the Carrier or its personnel; or
4. knowingly submit false complaints, allegations, chargebacks, insurance claims, or reports to payment processors, regulatory agencies, insurers, law enforcement, consumer platforms, or third parties.

Coordinated Harassment and Platform Manipulation: Shipper agrees not to knowingly encourage, solicit, coordinate, or participate in campaigns intended to damage the Carrier’s reputation through fabricated reviews, coordinated harassment, mass reporting, or publication of knowingly false or misleading information.

Mandatory Internal Claims Process (Condition Precedent): As a material condition of this Agreement, the Shipper agrees to make commercially reasonable efforts to first submit any complaint, dispute, or allegation related to the services—including claims involving non-performance, property damage, delay, billing disputes, loss, or dissatisfaction—to the Carrier in writing and allow the Carrier a reasonable opportunity to investigate and attempt resolution in good faith prior to initiating public accusations, payment disputes, or third-party proceedings, except where immediate reporting is permitted or required by law.

Failure to comply with this provision may constitute a material breach of this Agreement.

Chargebacks and Misrepresentation: Shipper agrees not to initiate or support any chargeback or payment dispute containing knowingly false, incomplete, misleading, or materially inaccurate information. Any chargeback or payment dispute submitted in contradiction of documented services performed, signed agreements, electronic authorizations, communications, invoices, photographs, recordings, GPS data, or payment records may constitute fraudulent misrepresentation and a material breach of this Agreement.

Fraudulent Payment Disputes: The Carrier reserves the right to provide supporting documentation, recordings, communications, transaction records, GPS records, photographs, and other business records to payment processors, financial institutions, law enforcement, insurers, arbitrators, or courts in connection with suspected fraudulent payment disputes or chargebacks.

Preservation of Evidence: Shipper agrees to preserve all documents, communications, photographs, videos, receipts, estimates, invoices, social media postings, electronic communications, and other evidence relating to any dispute, review, complaint, claim, or chargeback arising from the services.

Notice and Opportunity to Cure: If the Carrier reasonably believes that any public or private statement made by the Shipper contains materially false or misleading factual assertions, the Carrier may provide written notice identifying the disputed content. Shipper agrees to review such notice in good faith and, where appropriate, correct, clarify, remove, or retract materially inaccurate statements within a reasonable time.

Consumer Rights Savings Clause: Nothing contained in this provision shall be construed to waive, limit, or restrict any non-waivable rights or remedies available to the Shipper under applicable consumer protection laws.

Dispute Resolution and Arbitration: Any dispute arising out of or relating to alleged defamation, disparagement, reputational harm, fraudulent chargebacks, or violations of this provision shall be subject to the dispute resolution and arbitration provisions contained in this Agreement, including mandatory arbitration where applicable.

Injunctive Relief: The Carrier may seek temporary, preliminary, or permanent injunctive relief where necessary to prevent ongoing defamation, fraudulent conduct, disclosure of confidential information, or irreparable reputational harm, to the extent permitted by applicable law. Nothing herein shall prevent either party from seeking emergency equitable relief from a court of competent jurisdiction where arbitration remedies may be inadequate to prevent immediate and irreparable harm.

Liquidated Damages (Limited Application): Only in the event that a statement made by the Shipper is finally determined by a court of competent jurisdiction or binding arbitration to be knowingly defamatory or materially false and to have caused demonstrable harm to the Carrier, the Carrier may seek recovery of actual damages, attorneys’ fees, costs, injunctive relief, and any other remedies available under applicable law. Nothing herein shall be construed as establishing a predetermined penalty or automatic damages amount, and any damages awarded shall be determined in accordance with applicable law based upon competent evidence.

Attorneys’ Fees and Enforcement Costs: In any action, arbitration, collection proceeding, or dispute arising out of or related to defamatory statements, fraudulent chargebacks, reputational harm, or breach of this provision, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, arbitration fees, expert fees, costs, and expenses to the fullest extent permitted by law.

Reservation of Rights: The Carrier expressly reserves all rights and remedies available at law or in equity, including but not limited to claims for defamation, business disparagement, fraud, interference with contractual or business relationships, injunctive relief, and recovery of damages.

This Agreement, the services provided hereunder, and any dispute, claim, or controversy arising out of or relating to this Agreement or the relationship between the parties shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to any conflict of law principles that would result in the application of the laws of another jurisdiction.

To the extent any claim or dispute is determined not to be subject to the Agreement to Arbitrate, or where judicial intervention is otherwise permitted or required, the parties agree that exclusive jurisdiction and venue shall lie solely in the state courts located in Cook County, Illinois, or the United States District Court for the Northern District of Illinois, as applicable.

The parties hereby knowingly and voluntarily consent to the personal jurisdiction of such courts and waive any objection based upon improper venue, forum non conveniens, lack of personal jurisdiction, or any similar doctrine or defense.

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION AGREEMENT, CLASS ACTION WAIVER, JURY TRIAL WAIVER, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS AND GOVERN HOW DISPUTES BETWEEN YOU AND COFFEY BROS. MOVING ARE RESOLVED.

AGREEMENT TO ARBITRATE: Shipper acknowledges and agrees that any and all disputes, claims, or controversies arising out of or relating to this Agreement, the services provided, or the relationship between the parties (collectively, “Disputes”) shall be resolved in accordance with the following provisions.

PRE-ARBITRATION DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE:

1. In the event of any dispute, claim, or controversy arising between the parties, each party agrees, as a condition precedent to arbitration, to provide written notice to the other party describing the nature of the dispute and the relief sought. The parties shall thereafter make a good-faith effort to resolve the matter through informal negotiation.
2. The Carrier may contact the Shipper using the email address provided in the Agreement. The Shipper shall submit notice to claims@coffeybrosmoving.com, including the Shipper's full name, telephone number, email address, mailing address, a description of the dispute, and the specific relief requested.
3. If the parties are unable to resolve the dispute within thirty (30) days following receipt of such notice, the dispute shall be resolved exclusively through binding arbitration. The party seeking arbitration shall provide written notice of its intent to initiate arbitration.
4. Arbitration shall be administered by the American Arbitration Association (“AAA”) or JAMS, as selected by the party initiating arbitration, in accordance with the applicable arbitration rules and procedures then in effect. The initiating party shall comply with all applicable filing requirements, including submission of the appropriate arbitration demand forms and payment of any required filing fees. Any settlement discussions, negotiations, communications, or offers exchanged prior to the commencement or resolution of arbitration shall be deemed confidential, inadmissible, and shall not be disclosed to the arbitrator except as required by applicable law.
5. For purposes of this Agreement, the terms “dispute,” “claim,” and “controversy” shall be interpreted broadly to include any and all matters arising out of or relating to the relationship between the parties, including but not limited to (i) the services provided by the Carrier, (ii) this Agreement and any associated terms and conditions, and (iii) the enforceability or scope of this arbitration provision.
6. Subject to the stated exceptions herein, the parties agree that all such disputes shall be resolved by arbitration, regardless of whether the claims arise under contract, statute, regulation, ordinance, tort (including, without limitation, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and regardless of whether such claims arose before or after execution of this Agreement.

APPLICABLE LAW: The parties acknowledge that this Agreement to Arbitrate involves a transaction affecting interstate commerce and shall therefore be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), together with the applicable procedural rules of the AAA or JAMS as referenced herein. To the extent that state law is applicable, the parties agree that the substantive laws of the State of Illinois shall govern the interpretation and enforcement of this Agreement to Arbitrate, without regard to any conflict of law principles that would result in the application of the laws of another jurisdiction.

EXCEPTIONS TO AGREEMENT TO ARBITRATE:

1. Intellectual Property Relief: Either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, and patents. Notwithstanding the foregoing, any claims or issues subject to arbitration shall be stayed pending the final resolution of such arbitrable matters.
2. Non-Arbitrable Claims: Any claim or cause of action that is not capable of resolution by arbitration as a matter of applicable law, statute, or public policy may be brought in a court of competent jurisdiction. The parties agree, however, that any related arbitrable claims shall be stayed pending completion of the arbitration process.
3. Public Injunctive Relief: To the extent that applicable law (including, without limitation, California law) permits claims for public injunctive relief—defined as relief primarily intended to prohibit unlawful acts that threaten future harm to the general public—such claims may be brought in court. In such event, any arbitrable claims, causes of action, or issues shall be stayed pending the final resolution of arbitration.
4. Except for the foregoing limited exceptions, all other disputes shall be resolved exclusively through binding arbitration in accordance with this Agreement.

ARBITRATION PROCEDURES:

1. Any arbitration shall be administered by the AAA or JAMS in accordance with its then-current Arbitration Rules and Procedures in effect at the time the claim is filed. For any claim or counterclaim with a value of less than twenty-five thousand dollars ($25,000), the arbitration shall be conducted solely on the basis of written submissions, unless otherwise required by applicable rules or determined by the arbitrator.
2. In matters where a live hearing is requested or deemed necessary, the parties may appear and participate by video conference or telephonically, as permitted by the applicable arbitration rules. To the extent a physical location is required, the arbitration shall be conducted in the county of the Shipper's residence or at another location mutually agreed upon by the parties.
3. To the fullest extent permitted by law, the parties agree that all aspects of the arbitration, including but not limited to communications, submissions, evidence, and any resulting rulings or awards, shall remain confidential, except as reasonably necessary to enforce or implement the arbitration award or the provisions of this Agreement.

COSTS OF ARBITRATION: The party initiating arbitration shall be responsible for payment of the initial filing fee. Thereafter, each party shall bear its own arbitration costs, expenses, and attorneys’ fees, except as otherwise provided by the applicable arbitration rules (including those of the AAA or JAMS). Notwithstanding the foregoing, the arbitrator shall have the authority to award reasonable attorneys’ fees, costs, and applicable interest to Coffey Bros. Moving if it is determined to be the prevailing party, to the extent permitted by applicable law and the governing arbitration rules.

RIGHT TO OPT-OUT OF ARBITRATION; PROCEDURE: If you are a new customer, you may elect to opt out of the Agreement to Arbitrate by submitting a written opt-out notice via email to claims@coffeybrosmoving.com (the “Opt-Out Notice”). The Opt-Out Notice must be received by the Carrier no later than ten (10) days following the date on which you enter into this Agreement. To be effective, the Opt-Out Notice must include your full legal name, complete mailing address (including street address, city, state, and ZIP/postal code), and associated email address(es), and must clearly state your intent to opt out of the arbitration provision. This is the sole and exclusive method for opting out of the Agreement to Arbitrate. If you timely opt out, the arbitration provision shall not apply to you; however, all remaining terms and conditions of this Agreement shall remain in full force and effect, including, without limitation, the forum selection and governing law provisions designating Cook County, Illinois.

JUDICIAL FORUM FOR DISPUTES NOT SUBJECT TO ARBITRATION: Unless otherwise agreed in writing by the parties, in the event that the Agreement to Arbitrate is determined not to apply to a particular claim or dispute—whether as a result of a timely opt-out, a determination by an arbitrator or court, or the applicability of a stated exception—such claim or dispute shall be resolved exclusively in a court of competent jurisdiction located in Cook County, Illinois. The parties hereby consent to and submit to the exclusive personal jurisdiction and venue of the state courts located in Cook County, Illinois, or the United States District Court for the Northern District of Illinois, as applicable. The parties further agree that any such claim or dispute shall be governed by and construed in accordance with the substantive laws of the State of Illinois, without regard to its conflict of law principles.

JURY TRIAL WAIVER: TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, CLAIM, COUNTERCLAIM, OR DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED.

CONFIDENTIALITY: To the fullest extent permitted by law, all arbitration proceedings, filings, communications, testimony, evidence, rulings, and awards shall remain confidential and shall not be disclosed to any third party except: (i) as necessary to enforce an arbitration award (ii) as required by law (iii) to legal or financial advisors bound by confidentiality obligations; or (iv) as otherwise agreed by the parties in writing.

PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS; LIMITATIONS OF RELIEF: The parties agree that any claims, disputes, or causes of action arising out of or relating to this Agreement shall be brought solely in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action or proceeding, whether in a court of law or in arbitration. Except as expressly agreed by the parties in writing, neither the court nor the arbitrator shall have authority to consolidate or join the claims of multiple parties, nor to preside over any form of class, collective, representative, or consolidated proceeding. The court or arbitrator may award relief, including but not limited to monetary, injunctive, or declaratory relief, only in favor of the individual party seeking such relief and solely to the extent necessary to resolve that party’s individual claim(s). Any such relief shall not extend to, affect, or benefit any other person or entity not a party to the proceeding.

NO PERSONAL LIABILITY OF OWNERS, EMPLOYEES, OR AGENTS:

1. Shipper agrees that any claim, dispute, demand, arbitration, lawsuit, or proceeding arising out of or relating to this Agreement or the services provided shall be brought solely against the contracting Carrier entity.
2. Under no circumstances shall any owner, officer, director, shareholder, member, manager, employee, dispatcher, coordinator, agent, representative, affiliate, or insurer of the Carrier be personally liable for any claim, loss, damage, obligation, liability, or dispute arising out of or relating to the services provided under this Agreement, except to the extent caused by such individual’s intentional misconduct or as otherwise required by applicable law.
3. Shipper further agrees not to assert any claim seeking to pierce the corporate veil, impose alter ego liability, or otherwise hold any individual affiliated with the Carrier personally liable absent a final judicial determination of intentional fraud or willful misconduct.

SEVERABILITY: If any provision of this section is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

To the fullest extent permitted by applicable law, Shipper agrees to indemnify, defend, and hold harmless Coffey Bros. Moving and its owners, officers, directors, members, managers, employees, agents, representatives, affiliates, contractors, insurers, successors, and assigns (collectively, the “Carrier”) from and against any and all claims, demands, actions, causes of action, damages, losses, liabilities, fines, penalties, judgments, costs, and expenses of every kind or nature whatsoever, including but not limited to attorneys’ fees, arbitration fees, expert fees, court costs, collection costs, settlement amounts, and related expenses, arising out of or related to:

1. any act, omission, negligence, recklessness, fraud, misrepresentation, unlawful conduct, or breach of this Agreement by the Shipper or any person acting on the Shipper’s behalf;
2. unsafe, hazardous, defective, contaminated, inaccessible, or unsanitary conditions at the origin, destination, or surrounding premises, including but not limited to structural limitations, inadequate access, wet or slippery surfaces, snow, ice, debris, pest infestations, mold, animal waste, weather-related hazards, unsecured animals, elevator issues, parking restrictions, or building code violations;
3. the Shipper’s failure to properly prepare, pack, secure, disclose, identify, empty, disconnect, protect, or make accessible any items for transport, including but not limited to fragile items, high-value items, oversized items, prohibited items, hazardous materials, or items requiring special handling;
4. damage to property, including but not limited to buildings, elevators, stairwells, hallways, flooring, walls, fixtures, driveways, landscaping, utilities, loading docks, vehicles, or common areas, where such damage results from conditions beyond the Carrier’s reasonable control, structural or access limitations, inadequate clearance, weight restrictions, or undisclosed conditions of the premises;
5. any claims asserted by third parties, including but not limited to landlords, tenants, property managers, condominium associations, homeowners’ associations, neighbors, guests, occupants, governmental entities, or other persons arising out of or related to the Shipper’s move, property conditions, parking, permits, elevator usage, loading activities, occupancy, or the performance of services at the Shipper’s request;
6. the transportation, attempted transportation, storage, or presence of any prohibited, hazardous, illegal, perishable, contaminated, explosive, flammable, improperly packed, or undisclosed items included in the shipment;
7. any chargeback, payment dispute, fraudulent payment reversal, unauthorized payment claim, insufficient funds transaction, or failure to make payment as required under this Agreement;
8. any claim arising out of services requested, directed, modified, authorized, or approved by the Shipper beyond the original scope of work; and
9. any violation of applicable laws, ordinances, regulations, building rules, permit requirements, parking restrictions, or homeowners’ association requirements attributable to the Shipper or the conditions of the premises.

Shipper’s duty to defend shall arise immediately upon written notice of a claim by the Carrier and shall apply regardless of whether such claim is ultimately determined to be without merit, to the fullest extent permitted by law.

The Carrier shall have the right, at its sole discretion, to select counsel of its choosing and control the defense, settlement, litigation, arbitration, or resolution of any such claim, and all reasonable costs and expenses incurred by the Carrier shall be borne by the Shipper to the fullest extent permitted by law.

Upon receipt of written notice of a claim or tender of defense by the Carrier, Shipper shall, within five (5) calendar days, confirm in writing its acceptance of the obligation to defend and indemnify the Carrier. If Shipper fails to timely accept the tender, the Carrier may undertake its own defense, and Shipper shall remain fully responsible for all resulting costs and expenses, including attorneys’ fees, arbitration fees, expert fees, court costs, settlement amounts, and related expenses, to the fullest extent permitted by law.

The indemnification, defense, and hold harmless obligations set forth herein shall survive completion of the services, delivery of the shipment, cancellation or termination of this Agreement, payment in full, and resolution of any dispute between the parties, and shall apply to the fullest extent permitted by applicable law.

If any provision of this Agreement, or the application thereof to any person, party, or circumstance, is determined by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable, such provision shall be deemed modified and interpreted to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent to the fullest extent permitted by applicable law. If such modification is not possible, the provision shall be deemed severed from this Agreement only to the extent of such invalidity or unenforceability.

The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of any remaining provision of this Agreement, all of which shall remain in full force and effect.

Without limiting the foregoing, if any portion of the dispute resolution, arbitration, class action waiver, limitation of liability, payment enforcement, lien, collection, or damages limitation provisions is found unenforceable, the remaining portions of such provisions shall nevertheless remain enforceable to the fullest extent permitted by law.

It is the express intent of the parties that this Agreement be enforced to the maximum extent permitted by applicable law.

No failure, delay, partial exercise, or course of conduct by the Carrier in enforcing any provision, right, remedy, or obligation under this Agreement shall constitute or be deemed a waiver of such provision or any other provision of this Agreement.

No waiver by the Carrier shall be effective unless expressly made in writing and signed by an authorized representative of the Carrier. Any waiver of any breach, default, or violation shall apply only to the specific matter expressly waived and shall not constitute a continuing waiver or waiver of any prior, concurrent, or subsequent breach, default, or violation.

The Carrier’s acceptance of partial payment, delayed payment, modified performance, continued performance, accommodation, exception, or failure to immediately enforce any term of this Agreement shall not waive or limit the Carrier’s right to subsequently enforce strict compliance with all terms and conditions of this Agreement.

This Agreement, together with all estimates, orders for service, inventories, addenda, revisions, tariffs, valuation selections, invoices, electronically accepted documents, and incorporated terms and conditions, constitutes the complete and entire agreement between the parties and supersedes all prior or contemporaneous negotiations, discussions, representations, understandings, advertisements, marketing materials, communications, agreements, and promises, whether written, oral, electronic, implied, or otherwise.

Shipper acknowledges that estimates, scheduling discussions, text messages, emails, advertisements, sales conversations, and customer service communications may contain preliminary or generalized information and shall not modify this Agreement unless expressly incorporated in writing into the final executed Order for Service.

Shipper acknowledges and agrees that no statements, representations, promises, guarantees, estimates, projections, or warranties have been made by the Carrier or any of its owners, employees, coordinators, dispatchers, agents, representatives, or affiliates other than those expressly set forth in this Agreement.

Shipper further acknowledges and agrees that they have not relied upon any oral statements, prior estimates, scheduling discussions, marketing materials, advertisements, sales presentations, customer service communications, or assurances not specifically contained in this Agreement.

No Oral Modifications: No oral statement, representation, estimate, promise, assurance, waiver, or commitment made by any employee, mover, coordinator, dispatcher, salesperson, customer service representative, or agent of the Carrier shall alter, modify, waive, or amend this Agreement unless expressly confirmed in a written amendment executed by an authorized representative of the Carrier.

Any modifications, amendments, revisions, or waivers of this Agreement must be made in a written document executed or electronically approved by an authorized representative of the Carrier. No employee, agent, dispatcher, sales representative, moving coordinator, or other representative of the Carrier has authority to alter, waive, modify, or expand the terms of this Agreement unless expressly authorized in writing by the Carrier.

No course of dealing, prior conduct, partial performance, acceptance of payment, or failure to enforce any provision shall be construed as a modification or waiver of this Agreement.

By booking an appointment for moving services with Coffey Bros. Moving, you acknowledge that you have had the opportunity to review these Terms & Conditions and agree to the following:

1. Mandatory arbitration, where applicable under these Terms & Conditions.
2. Applicable limitations of liability.
3. All payment obligations and applicable charges.
4. Applicable chargeback restrictions.
5. Applicable claims deadlines and procedures.
6. Released valuation protection unless additional coverage is purchased or otherwise selected.

Booking an appointment for services constitutes acceptance of these Terms & Conditions, together with the applicable estimate, Order for Service, tariff, valuation selection, addenda, and other documents incorporated into the service agreement.

By booking a move with Coffey Bros. Moving, the Shipper acknowledges that they have had the opportunity to review these Terms & Conditions and agrees to be bound by them.

Booking a move, whether by telephone, online, electronically, in writing, or through any other authorized booking method, constitutes the Shipper's acceptance of these Terms & Conditions and the applicable terms governing the services provided.

Acceptance of the Company's services, including permitting Coffey Bros. Moving to commence work, also constitutes acceptance of these Terms & Conditions, whether or not a separate physical signature is obtained.

These Terms & Conditions, together with the applicable estimate, Order for Service, inventory, addenda, revisions, tariff, valuation selection, and other incorporated service documents, constitute the terms governing the Shipper's move.