TIME LIMIT FOR CLAIMS
Any claims or complaint against the Company must be filed within 14 days
of delivery. Failure to file claims within 14 days of delivery (a) shall be the Customer’s conclusive admission and agreement that there was no issue with the Company’s subject moving job (including but not limited to any damage, performance issues, etc.) and (b) shall forever bar recovery of any claim, losses or damages in connection with the subject moving services. Where claims are not filed or suits are not instituted thereon, in accordance with the foregoing provisions, the Company shall not be liable, and such claims will not be paid.
The Company will not be responsible for any damage caused by non-routine moving,
(i.e. Moving standing pieces on end; executing sharp turns; moving in over-crowded work areas, moving in difficult stairways; working near sharp edges in work areas and doorways; handling over balconies, moving through tight squeezes; and working during harsh weather condition etc.).
Furthermore, the Company will not be liable for any liability flowing from, any items that were not in the Company’s possession or control, any contents of any boxes, bags or other such containers which were packed by the Customer, any items not properly prepared by the Customer, any items that are unique or fragile in nature, any furniture of unstable construction and any oversized furniture and items that need to be maneuvered through tight passageways.
Customer agrees to defend, indemnify and hold harmless the Company and its representatives, agents, employees, associates, subcontractors, officers and directors and others for all claims, damages, losses, liabilities, obligations, settlements, judgments, costs, expenses (including without limitation reasonable solicitor’s fees and costs) or other liability or proceedings arising out of this agreement.
SEVERABILITY AND INVALIDITY
In the event that any provisions of this Agreement be found to be, in whole or in part, invalid or unenforceable by a court of competent jurisdiction, the validity or enforceability of the remaining provisions under applicable law will not be affected thereby and shall remain binding upon the Parties and shall remain in full force and effect for the greatest time period and for the broadest scope permitted by applicable law. Any such invalid or unenforceable provisions shall be substituted by a valid or enforceable provision which, in its essential purpose, comes as close as possible to the invalid or unenforceable provision; the same applies mutatis mutandis to any gaps in this Agreement.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement will be construed in accordance with and governed by the laws of the province the service is being provided.
Any dispute, controversy or claim arising out of or relating to this contract including any question regarding its existence, interpretation, validity, breach or termination or the business relationship created by it shall be referred to and finally resolved by arbitration under the Canadian Arbitration Association Arbitration Rules.
Except for the duty to make payments hereunder when due, and the indemnification provisions under this Agreement, the Company shall not be responsible to the Customer for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, wars, strikes, lock-outs, work stoppages, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, Equipment, or necessary labor in the open market, acute and unusual labor, material, or Equipment shortages, or any other causes (except financial) beyond the control of the Company including road construction and highway accidents. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement.
If access to the origin or destination premises is not available or the items to be moved, de-installed or transported is not ready for transport at the agreed upon time or in the event of other circumstances preventing the Company from performing the Services contracted for, Customer shall be billed for the wait time until the Company is granted access to the premises.
Furthermore, any other wait time shall be added to the hour of Services.
If Customer fails to make any payment due hereunder, the Customer shall be in default of this Agreement. If the Customer is in default, the Company may cease performing the Services without breaching the Agreement pending payment or resolution of any dispute.
If the Customer account is in default, the Customer agrees to pay all office, billing, legal and collection charges incurred by the Company in the collection of the amounts owed under this agreement (this includes the charges of any collection agency or solicitor’s fee to which we may refer your account). In addition, the Customer shall be responsible for paying 15% penalty fee on top of any outstanding balance.
The Company shall not be liable to the Customer for any loss, injury, death or damage to that occurs during the Services.
COUNTERPART & E-EXECUTION CLAUSE
This Agreement ay be signed in counterparts and may be transmitted via email or Eversign or similar platforms.
This Agreement constitutes the entire agreement between the parties relating to the matters contained herein, and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written.