SECTION  1:  Definitions:  Carrier:  American Van Lines, Inc: the moving company and its agents, contractors, employees, and representatives. Shipper: the customer who engaged the carrier to perform interstate domestic moving services.

SECTION  2:  Estimate information:  Estimate includes loading, unloading, and no cost valuation. All furniture must be wrapped in blankets and/or protective materials. Any disassembly and reassembly of furniture is also included provided all parts and tools are available. However, cribs may be disassembled at pickup, however, under no circumstances, will cribs be re-assembled at delivery/destination. The shipper also understands that packing material and labor are not included, unless stated on the estimate, and will be charged per items ordered and listed on the packing materials price list. If non-binding, the total charges are based on the actual weight of the property and may exceed the estimate subject to U.S. Federal Law and 110% rule; you may be charged 110% of the non-binding estimate. If binding, the total charges are based on the terms of the estimate. Additional services will be billed 30 days after delivery. For all estimates there may be additional charges for flights of stairs, elevators, extra drop-offs or pick ups, redelivery, long carries from the entrance to the home and shuttles for residences in restrictive areas such as downtown Manhattan or other restrictive complexes.

SECTION  3:  Binding Estimate:  Binding estimate rate is based on items that were estimated by you. The binding estimate and its terms will control the charges on this shipment. Total amount of the binding estimate must be paid in full prior to unloading. Additional charges will incur for services performed after the binding estimate is given and billed 30 days after delivery.

SECTION  4:  For Non-Binding Estimate:  A non-binding estimate is not a bid or a contract. It is provided by the mover to give you a general idea of the cost of the move. But it does not bind the mover to the estimated cost. Furthermore, it is not a guarantee that the final cost will not be more than the estimate. The actual cost will be in accordance with and within the mover’s published tariffs. All movers are legally obligated to collect no more than the charges shown in their tariffs regardless of the prior rate quote. Final charges will be based on actual weight or cubic feet of the property and services provided, subject to 49 U.S.C. Section 375.407 (you may be charged 110% of this non-binding estimate) based on the non-binding estimate of weight indicated on the non-binding estimate documents. For example, if you described your property to a sales agent and the same gave you an estimated weight of 2000 lbs. for your property at a rate of 0.40 per lbs., then you would be charged $800 for that portion of weight, not including additional services. If the actual weight of your property was determined to be 3,000 lbs. then you are required to pay for the additional weight. However, to receive your property you will only have to pay 10% more than the non-binding estimate. The remaining balance must be deferred for 30 days after delivery. Please be aware that until your shipment is weighed the mover cannot accurately determine the actual weight of your property. Situations may arise where the actual weight of your property was significantly higher than the original non-binding estimated weight.

SECTION  5:  Additional or Special Services:  It is customary for movers to offer price and service options. The total costs of your move may be increased if you have additional or special services; you should have a clear understanding with the mover what the additional costs will be. You should always consider that you may find other movers who can provide the service you require without requiring you to pay the additional charges. One such service is a space reservation. If you agree to have your shipment transported under a space reservation agreement, you are required to pay for a minimum of cubic feet/weight of the space in the moving van regardless of how much space is actually occupied by your shipment. At times it is necessary for the mover to reload your shipment onto a different truck from the one your shipment was originally loaded onto or to temporarily place your shipment into a storage unit prior to your delivery unless otherwise indicated in writing.

SECTION  6:  Rescission of old Estimate and execution of the new estimate:  In accordance with 49 CFR 305.43 (a)(5)(ii): If prior to or on the day of the scheduled pick-up the shipper tenders more property or makes a change to the initial order for which they received an estimate; the carrier may either (1) undertake the job with the additional property, in which case the shipper would only be required to pay 10% more than the initial estimate to receive the property on a non-binding estimate or 100% of the binding estimate and the remaining balance will be billed 30 days after delivery. Or (2) the carrier and shipper may execute a Revised Written Estimate / Rescission document, PRIOR TO LOADING OR OTHERWISE BEGINNING THE JOB, this rescission document and new estimate given prior to loading will serve as the only active estimate for which charges will be calculated.

SECTION  7:  Agreed Pick up and Delivery schedule:  Guaranteed service on or between agreed dates is an optional service that is available to you at an additional cost. This optional extra service guarantees that your shipment will picked up, transported to the destination, and delivered on specific guaranteed dates. If the mover fails to provide the service as agreed, you are entitled to be compensated at a predetermined amount or a daily rate (per diem of $30.00) regardless of the expense you might have actually incurred as a result of the mover’s failure to perform. Absent selecting and paying for the optional extra service guaranteeing specific pick-up and delivery dates, the mover is only required to pick up and deliver your property with reasonable dispatch and in a reasonable time. Generally, estimated delivery is up to 21 business days from date indicated as first available date of delivery. Any oral promises made regarding delivery and pick up dates and times are mere estimates. We guarantee delivery to take place within 30 business days of the date first available for delivery, (time calculations exclude days in storage). Any changes to your order will extend this time. This timeframe may change based on the time of the year, weather conditions, road conditions, other acts of God, delivery schedule, geographic location of the move and other unknown factors. The moving company will do its best to meet any requested pickup or delivery dates. Business days do not include holidays or weekends.

When you(shipper) and the mover agree to a delivery date, or to a range of dates, it is your responsibility to be available to accept delivery on any of those dates. The same applies when you and the mover agree to alternate delivery dates. If shipper is unable to accept delivery within the agreed upon dates, the mover reserves the right to place items into storage at the shipper’s expense based on full tariff rates

SECTION  8:  Storage Accounts:  (a) Any part or all of said goods and chattels to be delivered to said Shipper/Depositor can be initiated only upon receipt of written orders or return of warehouse receipt, at the option of the Mover, with delivery instructions signed by the Shipper/Depositor. (b) Any Change of address of the Shipper/Depositor, to be valid and binding to the mover, must be provided by the Shipper/Depositor or their agent to the Mover in writing, and acknowledged in writing by the mover. (c) No transfer of ownership of these goods will be recognized unless entered on the books of the Mover, on warehouse receipt, and upon all charges being paid. Past due storage invoices must be made current prior to carrier routing shipper’s items for delivery (d) The rates as stated in this Contract cannot be raised for more than 12 months. After which they can be raised in accordance with local rates for all applicable Shipper/Depositors. (f) The payments for storage and any other recurring periodic charges are due and payable on or prior to the day storage is commenced and on or before the beginning of each succeeding storage period as defined in this agreement. Charges for any other service or materials including, without limitation, cartage in and warehouse labor in and out, are due and payable upon presentation of invoice.

SECTION  9:  Notice of maximum amount due upon delivery:  Final charges will be based on actual weight or cubic feet/volume of property, unless shipped under space reservation option, and for services provided. Maximum amount demanded at time of delivery is the amount of the non-binding estimate plus 10% – 110% rule; or 100% of the binding estimate. Shipper may voluntarily pay total actual charges upon delivery. Actual charges may exceed the amount of estimate.

SECTION  10:  Valuation of coverage: All transportation of Household Goods carry an inherit risk of loss or damage. American Van Lines Inc. neither orally or in writing  guarantees a damage free or “safe” move. As such risks exist, we encourage you to purchase third party full replacement value insurance. Option 1): Replacement: Under this option, the mover is liable for the replacement value of the lost or damaged goods (as long as it doesn’t exceed the total declared value of the shipment). If you elect to purchase full value protection, and your mover loses, damages or destroys your articles, your mover must repair, replace with like items, or settle in cash at the current market replacement value, regardless of the age of the lost or damaged item. The amount of the deductible will affect the cost of your FVP coverage. Unless you specifically agree to other arrangements, the mover must assume liability for the entire shipment based upon this option. Option 2): Limited Liability: As a licensed carrier with the U.S. D.O.T. we are required to provide limited liability coverage at no charge to the customer. Under this option, the maximum liability is limited to 60 cents per pound per article, for all items indicated as damaged or missing at time if delivery on the inventory logs. Failure to indicate damage at time of delivery will waive carrier’s liability. Under both of these liability options, movers are permitted to limit their liability for loss or damage to articles of extra ordinary value, unless you specifically declare these articles on the shipping documents. An article of extra ordinary value is any item whose value exceeds $100 per pound ($220 per kilogram). Valuation of claims will be based on the AMSA Joint Military/Industry Table of weights and depreciation guide.

SECTION  11:  Liability of the carrier notwithstanding the minimum valuation of 60 cents per pound per article and in compliance with and subject to the limitations and provisions of 49 CFR Section 375.701(a):  the carrier is not responsible for injury or damage to any fragile article (articles susceptible to breakage or crushing). Unless such fragile articles are both packed and unpacked by its employees and subject to the further conditions that such packing, unpacking or other handling is performed in a grossly negligent manner by the carrier. The carrier will not carry and or be liable in any way for the loss or damage to currency, precious stones, documents, stamps, securities, species, silverware, jewelry, or any article of extra ordinary value unless such articles of value was agreed to in writing, and unless the shipper assumes and pays for additional valuation charges, as The carrier shall not exceed the cost of repairing or replacing the property lost or damaged with material of like kind and quality not exceeding actual cash value of the property at the time and place loss. Sets or matched pieces shall be limited to repair or replacement, whichever is less of the lost or damaged pieces only, and shall not extend to repair, replacement or recovering the entire set, but in no event to exceed the released or declared values as indicated. The carrier shall not be liable for loss or damage occurring after the property has been delivered to or receipted for by the consignee or shipper or the authorized agent/designated representative of either. When the carrier is directed to unload or to deliver property (or render any services) at a place or places at which the shipper or its agent is not present the property shall be at risk of the shipper after unloading or delivery. Where the carrier is directed to load property from (or render any services at) a place or places at which the shipper or its agent is not present property shall be at the risk before loading or after shipper signed the inventory list. When the shipment has been released to the carrier at the value not exceeding 60 cents per pound per article as per declaration of the value on the face hereof, it is agreed that said property be moved packed, shipped, forwarded, or otherwise, handled with the carrier’s liability specifically limited to 60 cents per pound per article. All of the said services specified in excess of the carrier’s liability are assumed totally by the shipper and said services over and above the carrier’s liabilities are solely shippers’ responsibility with respect to any damage loss or delay for any reason whatsoever. The carrier shall be liable only for its failure to use ordinary care and only the basis of the shipper’s declared valuation of the goods. The burden of proving negligence or failure to use ordinary care required by law shall be on the shipper. The carrier shall not be responsible with respect to damage, loss or decay caused by acts of God or the public enemy war insurrection, strikes, labor trouble, riots, fire, earthquake, nature of the property or defects or inherent vice therein deterioration by time, moths, termites, or other insects, vermin, rodents, wear and tear, leakage, fire or any cause beyond the carrier’s control or any other cause unless such damage results from the carrier’s control. The carrier is not responsible for mechanical or electrical function or any article such, as but not limited to piano, radio, television set, DVD player, computer, VCR, barometer, refrigerator, check, air conditioner, or other instrument or appliance whether or not such articles are packed or unpacked by the carrier. The carrier shall not be liable for delay caused by highway obstruction or faulty impassable highways, or lack of capacity of any highway, bridge or ferry, caused by breakdown or mechanical defect of vehicle/equipment.

SECTION  12:  Exceptions to Carrier Liability:  Neither the Carrier nor the Vessel shall be responsible for loss or damage arising from (a) Act of God; (b) Act of War, (c) Act of public enemy; (d) fire, unless caused by the actual fault or private of the Carrier; (e) perils, dangers and accidents of the sea or other navigable water; (f) inherent defect, quality or vice of the goods; (g) goods packed by Shipper; (h) any other cause arising without the actual fault and privity of the Carrier.  Additionally, mechanical vehicles including but not limited to automobiles, motorcycles, scooters, boats, airplanes, ATV’s, go-carts, riding lawn mowers, tractors, and other similar vehicles are transported at the sole risk of the shipper since all coverage for those items is waived against the carrier, its agents or representatives. The carrier shall not be held responsible for any items insisted by shipper to be moved through impassible passageways or other impassable openings.

SECTION  13:  Filing of Claims/Complaints Procedures:  Carrier shall not be liable for the loss or destruction of, or missing goods, or damage of goods tendered hereunder or any part thereof unless claim is made in writing supported by proof of ownership, together with substation of value, and weight. As a condition precedent, all outstanding monies due to the mover must be paid in full before a claim can be submitted to the company, and filed within 9 months after the date the goods are delivered or demand thereof will be refused, and must be limited to the descriptions of damage written on the inventory logs at the time of delivery. It is solely the shipper’s responsibility to inspect and indicate damaged or missing items on the inventory logs at time of delivery. Valuation of claim will be based on those indications subject to the limitations of liability as described on the Bill of Lading – Valuation Addendum form, signed at pick up. Liability for the moving company will be in accordance with the liability option the shipper contracts for on said form. To file a claim or complaint call Carrier at 954-630-0316. All costs associated with the claim are the shipper’s responsibility.  TWO YEAR AND ONE-DAY CLAUSE Suit must be instituted against carrier within two (2) years and one (1) day from the date when notice in writing is given by carrier to the claimant that carrier has disallowed the claim or any part or parts thereof specified in the notice. Where a claim has not been filed or suit is nit instituted thereon in accordance with the foregoing provisions, carrier shall not be liable and such a claim will not be paid.

SECTION  14:  Summary of Dispute Settlement Program: 1. Prior to the move, before the Order for Service is executed, the carrier provides each shipper (consumer) with a notice of availability of an arbitration program, including a summary of the arbitration procedures, the applicable costs and a disclosure of the legal effects of electing arbitration to resolve a disputed. Carriers may use pre-printed brochures available from AMSA or they may incorporate the information into their own pre-move information furnished to the shipper. If the carrier is denying the claim or offering a compromise settlement, be sure to mention the arbitration program and include an arbitration brochure in the claims correspondence to the shipper to make sure that the shipper is fully apprised of the arbitration program. 2. After the move, if a dispute arises that cannot be resolved through the carrier’s own claims process, a shipper can request arbitration by writing to AMSA within 90 calendar days after the carrier’s final offer of the settlement or denial of the claim. In accordance with the terms of the statue, disputes involving a) loss and damage claims and b) additional charges billed after delivery are subject to mandatory binding arbitration. The arbitrator’s decision may cover repair, replacement, refund of charges, and reimbursement for expenses and/or compensation for damages. The program rules however, and the interstate statutes upon which are based, do not provide for refunds in excess of the disputed additional charges or for claims that go beyond the carrier’s liability for loss or damage to the goods, which includes but is not limited to: punitive damages, loss of wages, or other special damages, such as emotional distress or mental anguish. 3) After receipt, AMSA informs the carrier of the shipper’s request for arbitration. The carrier then has 15 working days to review the disputed claim and the request for arbitration. Upon affirmation by the carrier that the dispute meets the criteria for arbitration, AMSA forwards the required forms and program rules to the shipper. The shipper has 30 calendar days to complete the forms and return them, along with his or her portion of the administrative fee, directly to FORUM to initiate the arbitration process. The initial 15-day review period, during which AMSA advises the carrier of the shipper’s request for arbitration and before the necessary forms and program rules are sent to the shipper, provides the carrier and the shipper with an additional opportunity to reach a settlement before the forms are completed and the dispute is submitted to the FORUM for resolution. 4) FORUM then opens the case by sending a copy of the forms and the shipper’s supporting materials to the carrier along with an invoice for the carrier’s share of the administrative fee. The carrier must respond to the FORUM within 30 calendar days by returning a completed and signed Submission to Arbitration Form, its share of the arbitration fee, and the relevant materials from its clam and administrative file in support of its position. 5) FORUM forwards a copy of the carrier’s materials to the shipper and then refers the matter to an Arbitrator who begins the review process under the standard written or the optional oral procedures. The standard written review process is generally completed within 30 days after the materials are sent to the arbitrator with any awards to the parties made at that time. The arbitrator’s decision is binding on both parties. We are authorized to use and recommend AMSA Arbitration services. Contact information and other information about AMSA can be found at http://www.moving.org/

SECTION 15: Agents: Carrier may use agents/independent contractors on all orders. Additionally, unless you purchased an “exclusive use of vehicle” option, there is no guarantee that your items will not be temporarily stored or offloaded and reloaded onto a different vehicle than performed pickup, and may be shipped with property of other shippers.

SECTION  16:  Inspection of Carrier’s Tariff:  Carrier’s tariff is available for inspection upon reasonable request by calling carrier. All charges are based on full tariff rates.

SECTION  17:  Form of Payment: Upon booking, a deposit is required to be paid by credit card (VISA, MasterCard, or Discover). For deposit personal checks may be accepted at carrier’s discretion as long as there is at least a 10-day window prior to pick up. The remaining balance must be paid in full upon delivery by CASH, Post Office Money order, cashier’s check or credit card (VISA, MasterCard, or Discover) only. Subject to federal law, payment in FULL of all charges is required before delivery and prior to unloading – Subject to the 110% law, if applicable.

SECTION  18:  Interest: a charge of 1.5% per month or fraction thereof (18% per annum) shall be added to all delinquent accounts. Furthermore, the shipper shall be responsible for all charges the carrier uncured as a result of attempting collection. This includes but is not limited to, attorney fees, fees for collection agent and court costs.

SECTION  19:  Ownership of goods: shipper has represented and warranted to the carrier that it has lawful possession of any legal right and authority to tender all of the property herein described and that there are and will be no liens, mortgages or encumbrances on said property superior or adverse to the legal right and authority of shipper to contract for services and if there be any litigation concerning the property, the shipper agrees to pay all storage and other charges together with costs and expenses, including reasonable attorney’s fees which this carrier may reasonably incur or become liable to pay in connection therewith. This carrier shall have a lien on said property for charges and for such costs and expenses. Shipper agrees to indemnify the carrier with regard to any costs and expenses that may occur including but not limited to attorney’s fees, with regard to a claim of ownership and/or right of possession specified in this contract.

SECTION  20:  Carrier’s Lien: (a) it is agreed that the carrier shall have a lien against any and all property tendered to it heretofore or hereafter tendered to it, and on the proceeds from the sale thereof for all the charges provided herein, included without limitation claims for monies, advanced storage, transportation, interest labor reasonable attorney’s fees and other legal expenses incurred by the carrier as a result of aby litigation in which the carrier may be involved in connection with the tendered goods as any and all other charges and expenses for notice and advertisement of sale of property  when default has been made, also for all costs inclusive of court costs, reasonable attorney fees in collection of charges or enforcing this lien or caused from any controversy arising out of conflicting claims of ownership of any interpleaded action arising from the bailment of the goods or defending itself in the event the carrier is made a party to any litigation concerning the goods involved therein. If for any reason other than the fault of the carrier delivery cannot be made at the address given as the destination of which carrier has been notified, carrier at is option may impose tariff ant other lawful charges. Articles contained in shipment to be stored in a warehouse selected by the carrier at the of delivery or at other available points, at the costs of the owner, and subject to a lien for all accrued charges (b) All goods upon which the carrier has a lien, are subject to sale at public auction to satisfy any and all unpaid charges including interest where charge not paid when due plus the expenses including reasonable attorney fees, which may be necessitated by said sale (c) The lien upon any and all property tendered with the carrier shall include unpaid charges and expenses pertaining to property previously tendered with the carrier regardless of whether said property has been delivered to shipper (d) The parties agree that in any sale conducted to satisfy the carrier lien, all property which is subject to the lien, plus cost of preserving the goods and conducting the sale, shall be remitted by the shipper € the carrier may at its discretion suit for reimbursement pursuant to the foregoing provision without first foreclosing upon this lien. (f) The carrier shall be presumed to have acted in good faith and in reasonable and commercially acceptable manner when or if it seeks to enforce its lien pursuant to the approximate provisions of the state uniform commercial code and or relevance statues.

SECTION  21:  AGREED MANDATORY CHOICE OF LAW, VENUE AND JURISDICTION: If a lawsuit becomes necessary to resolve any dispute between the carrier and shipper, said suit shall and must only be brought in circuit or county court in and for Broward County, Florida. Suits involving disputed over interstate shipments must be limited to the governing federal law. Both parties agree to submit themselves to the jurisdiction of the Florida Courts and agree given the relationship to the state, such exercise is reasonable and lawful. Shipper consents to jurisdiction in Broward County, Florida and hereby waives the right to be served within the State of Florida.

SECTION  22:  Waiver of class action suits: The parties hereby waive any participation or involvement in any class action lawsuits against carrier or shipper.

SECTION  23:  Severability: If any part of this contract is found to be unlawful or invalid, the remaining terms and conditions shall still be enforceable.

SECTION  24:  Waiver of trial by Jury: The parties mutually agree to waive jury trial if a lawsuit becomes necessary between both parties.