1. PRELIMINARY
1.1 Please read these terms and conditions carefully. By using our services, you agree to be bound by the terms and conditions below.
1.2 You can review the most current version of our Terms and Conditions at any time at this page.We reserve the right at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website.It is your responsibility to check our website periodically for changes. Your continued use or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.1.3 If you do not agree with these terms and conditions, please do not use our services.
1.4 These terms and conditions apply to San Diego Packing Movers (“the Company”) and any of its customers (“the Customer”). All business is undertaken by the Company, including the provision, if any, advice, information or other services are undertaken upon and subject to these conditions.
2. VARIATION OF CONDITIONS
These conditions may be altered by mutual consent of the Company and of the Customer. The Company’s consent for any such alternation may only be given by its Managing Director and must be evidenced in writing.
3. COMPANY’S RIGHTS AND OBLIGATIONS
3.1 The Company accepts goods for carriage only upon these terms and conditions.
3.2 The Company may enter any contract with any sub-contractor to carry out the whole or any part of the contract. The Customer agrees that all work may be performed on behalf of the Company by any sub-contractor, who has the right to rely on the benefit of these conditions.
3.3 The Company is not a common carrier and does not undertake the obligations or liabilities of one. The Company may in its absolute discretion refuse to accept for carriage any goods or any class of goods and shall not be obliged to give any reasons for such refusal.
3.4 The Company will endeavor to carry out the work within the time desired, but shall not be liable for loss through any delay from any cause beyond its control. The Company may make a deviation from any route to or from without affecting its liability.
4. CUSTOMER’S RIGHTS AND OBLIGATIONS
4.1 The Customer warrants that any goods removed or stored under the contract are owned by the Customer, or that the Customer has full right, power, and authority to allow such removal or storage. The Customer shall indemnify the Company against any claim arising or expense incurred as a result of any breach of this warranty.
4.2 The Customer will ensure that no article required to be removed is left behind, that no goods or fixtures are taken away in error and articles left in unoccupied premises are protected. The Customer shall indemnify the Company against all claims in respect of any such matter.
4.3 The Customer will not give to the Company for packing, removal or storage:
Any article or substance which is, or is likely to be, of a dangerous, corrosive, inflammable, explosive or damaging nature, or anything likely to encourage vermin or any other pest. The Customer shall indemnify the Company against all claims in respect of such goods.
a) Jewelry, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, collectibles or any goods of a similar kind.
b) Prohibited or stolen goods, drugs, aerosols, paints, firearms, and ammunition.
c) The customers will empty, properly defrost and clean refrigerators and deep freezers. The Company is not responsible for the contents.
d) Any animals and their cages or tanks including pets, birds or fish.
e) Goods that require a special license or government permission to be transported.
4.4 The Customer will notify the Company if there is not suitable and convenient access to the place from which the goods are to be removed. The Company may enforce an extra charge due to any access restrictions and will not be liable for any goods damaged through the lack of such access.
4.5 Obtain at his/her own expense, all documents, permits, licenses, and customs documents necessary for the removal to be completed.
4.6 The Customer warrants as follows:
That the property to or from which goods are removed by the Company is owned by the Customer or that the Customer has obtained prior to the commencement and carrying out of the work by the Company all necessary permits and approvals and authorizations to enable the Company’s vehicles and/or employees to enter upon such property with or without vehicles for the purposes of carrying out the Company’s obligations. The Customer hereby indemnifies the Company in respect of any loss, claim or damage suffered, brought against or caused by the Company in entering upon such property with or without vehicles if Customer did not have the authorization to enter it.
4.7 The Customer is responsible for providing parking spaces for his/her move at all locations of pickup and delivery. The Customer is liable for any parking tickets due to inability to obtain a parking permit or reserve other legal parking spaces at any location where he/she requires movers to stop. The customer is responsible for watching a truck while movers are working to ensure the safety of his/her belongings. Otherwise, one of the crew members may be assigned to do so or additional worker should be hired.
4.8 No alcoholic beverages are to be served/handed to Company’s staff.
4.9 The Customer must always be present during the moving stages. It is essential that the condition of your goods are identified and verbally agreed upon by yourself and movers staff before they are loaded into the truck. It is agreed therefore that where you or your representatives leave, for any amount of time, then the conditions of this guarantee will become void.
4.10 Payment withheld. This guarantee shall not apply where any or all the payments due to us from you is withheld or not paid by clear funds. You may not withhold any payment because of any claim you may wish to make against the Company.
5. SERVICE QUOTES
5.1 A service quote is not binding on the Company unless an acceptance in writing is received from the Customer within 28 days of the date shown on the service quote. A service quote is given on the understanding that the work is carried out by the route and method to be decided by the Company. Any interruption or postponement that may increase the cost will be covered by an extra charge to the Customer.
5.2 Service quotes do not include the following and such work shall be subject to these conditions and paid for at a charge to be fixed by the Company:
a) Taking down or putting up of any electrical, gas or other fittings which require the services of a trades person;
b) Taking up, relaying or fitting of carpets or floor coverings;
c) Re-affixing of any fittings, disconnecting or reconnecting of washing machines or dishwashers;
d) Re-hanging of pictures or curtains or removal of commodities other than household effects, office furniture or such like;
e) The cost of dismantling or re-affixing any special articles such as pianos or billiard tables;
f) The cost of special packing which may be necessary to secure safe transport of fragile articles, unless such packing is expressly mentioned in the service quote;
g) The cost of making a detailed inventory of goods packed in any containers, other than the inventory we prepare to Customs/insurance company standard on local, intercity & interstate removals.
5.3 When an estimate is for a specified quantity and additional goods are dealt with all these conditions will apply and an extra charge to be fixed by the Company will be made.
5.4 No person other than the Company’s Managing Director shall have the authority to alter or qualify in any way the terms and conditions of an estimate.
6. CHARGES AND PAYMENTS
6.1 For local moves Customer hires the Company based on the hourly rate. Minimum charge for all services is three hours. Customer has the right to terminate the service at any time. Subject to minimum charge. In the event when Customer terminates the service before Company’s truck is empty Customer will be charged up until the moment when the truck is empty. Flat rate for the local move can be given to the Customer only by Company’s Managing Director. Packing supplies are not included in the hourly rate but can be included in the flat rate. The flat rate package can be determined only visually and not by phone. This quotation will be given to you prior to booking your service with the Company.
6.2 For all moves based on hourly rate Double Drive Time charge will apply.
6.3 For services such as furniture assembly, delivery, and driving we charge flat rate prior to the beginning of the service.6.4 For all other services in case of an hourly rate scenario customer makes two payments. For services, such as packing, unpacking, loading and unloading first payment will be charged in the amount of 3 hours minimum, for moving service first payment will be charged prior to unloading and will include all dues until that moment. Second payment will be charged upon completion of the job or upon unloading for moving service.
6.5 In case of a flat rate scenario the whole bill will be charged prior to beginning of the service or prior to unloading for moving service. Extra fees, if any, will be charged upon completion of the service or upon unloading for moving service.
6.6 We do not accept personal checks under any circumstances. For your convenience, there are several means of payment available:
a) cash;
b) debit/credit card;
c) money order;
d) cashier’s check or
e) wire transfer
6.7 Service fee will may apply to all non cash payments.
6.8 Company has a right to keep all belongings in the truck until the payment is received in full. Unless contrary arrangements have been made and agreed in writing by both parties.
6.9 The Company shall be entitled to charge interest for late payment at the rate of 7% above the Company’s trading bank’s base lending rate at the time, from the date that payment is due until actual payment is made, including on any interest quantity accrued at the date of payment.
6.10 If any charges due to the Company in respect of any goods warehoused by the Company are not paid within one calendar month after becoming due, the Company may give notice to the Customer of its intention to sell the goods via Carriers lien. If all amounts due to the Company are not paid within one months after the giving of such notice, the Company may deal with the goods in accordance with its active and particular lien under the Uniform Commercial Code.
6.11 The Company is authorized to pay any charge owing to any storage contractor from whose premises the goods are removed, or to any carrier by land, sea or air delivering the goods to the Company and all such payments shall be repaid by the Customer to the Company on demand.
6.12 If goods are to be delivered to a building then they are to be delivered on the ground floor or to the first floor if there is unrestricted access to the ground floor, otherwise an extra charge may be made by the Company.
6.13 If debt collection agencies are engaged to recover any debt due to the contractor, all associated collection costs are for the Customers care.
7. LOSS OR DAMAGE
7.1 Company is not responsible for any missing items after the movers have left Customer’s premises. Customer is solely responsible to inspect Company’s vehicle and make sure that all of his/her belongings are accounted for prior to the mover’s departure. Unless expressly agreed otherwise in writing and unless the relevant provisions of the Uniform Commercial Code in that regard (where applicable) have been fully complied with, all goods will be carried and stored at owner’s risk. The Company shall be under no liability for any loss of or damage to the goods, howsoever arising or caused, whether direct, indirect or consequential and whether the same was reasonably foreseeable or known by the Company to be probable.
7.2 The Company will arrange insurance for the Customer only on receipt of express written instructions to do so. The insurance will be placed on the terms and conditions of the Company’s open cargo policy. A full copy of the policy wording is available upon request. The Company makes no representations and gives no advice regarding any aspect of the policy, including as to the suitability or appropriateness of the policy for the Customer’s requirements, the policy’s terms, conditions and exclusions or as to the competitiveness of the cost (which includes a fee component retained by the Company). The Customer warrants that he/she relies solely on his/her own skill and judgment in accepting the policy on the terms offered. In the event of a claim the Customer shall have recourse solely against policy issuer and the Company shall not be under any responsibility or residual liability in relation to the Customer for the loss of or damage to any of the goods or the failure of the policy to meet a claim in respect of the same.
7.3 Any clause which excludes or limits the liability of the Company for loss or damage shall apply to any of the Company’s employees, so that each employee’s liability shall be excluded or limited in the same way.
7.4 The Customer agrees to indemnify the Company against all loss, damage or liability and any action, suit, proceeding, claim or demand taken or made by any person against the Company as follows:
a) payable by the Company to any third party from the Company’s handling of any goods or the entry upon any premises to handle goods;
b) any other act or omission on the part of the Company, its servants or agents in the reasonable performance of its obligations under these conditions;
c) all payments the Company may make to any of its own servants or agents by way of indemnity to them.
7.5 The Company shall be entitled without notifying the Customer to contest and defend any action, suit, proceeding, claim or demand as set out in clause 7.4 above.
7.6 Valuation coverage at 60 cents per pound per article will be provided at no charge. Additional coverage is available at the time of booking. If insured by third party provider, Company must be notified no less than 72 hours prior the day of the service. Unless all household goods are properly packed by the customer, packing will be done by our employees and Company materials, to get coverage.
It is Customer’s responsibility to inspect all items, real estate, and personal property prior to mover’s departure and make notations on the contract during completion of the job about any damages. Any claims that are not listed on the contract will be denied.
8. NOTICES
8.1 Any notice or other communication may be given to or served upon the Customer by ordinary prepaid post addressed to the Customer at its last address known to the Company and shall be deemed to have been received by the Customer on the 7th day after the day on which it was posted.
8.2 Notices may also be sent by way of facsimile or email and shall be deemed to have been received by the Customer on the same day on which they were transmitted by facsimile or email.
9. MISCELLANEOUS
9.1 Multiple Locations. At your direction, we can pick up or drop off anything anywhere. Additional charges may apply.
9.2 Dumping. The Company does not do any dumping. We can assist you to drop the item you wish to dispose at a destination you desire. Additional charges may apply.
9.3 Donations. The Company will gladly assist you in donating unwanted items that are in the good not damaged condition such as furniture, electronics, clothes, food etc. Donation will be made on behalf of the Company and there will be no additional charge.
9.4 Tips. Your generosity is more than welcome and is very appreciated for the hard work that our moving team provides. Although it is customary to tip the movers, you are not required to do so.9.5 Breaks. Due to the nature of work every hour workers are allowed to take paid 5 minute break. If they worked 6 hours in a row – customer will pay for 30 minute break. Customer does not pay for the lunch break, subject to 5 minute break law. Break starts when the crew left customer’s property and continues as soon as they return.It is customers responsibility to be present and provide access to the property for the crew in order to continue with the service. Customer will be billed for the wait time, subject to the hourly rate.9.6 Arrival time. Please note that all times given are estimated times of arrival and may vary between 1 – 3 hours. Your patience in this regard is highly appreciated.
9.7 Additional Services:
a) moving blankets and wardrobe boxes are free to use during the local move but must be returned at the end of the move. We may sell them or charge a deposit of $15 per each. Special equipment and tools always provided at no additional cost;
b) if you would like to request that the workers wrap everything for you, you must notify the Company prior to your service day, this additional service may also include an additional cost;
c) if you plan to move such appliances as a refrigerator, washer, and dryer the Company is not responsible for disconnecting them from water or gas supply systems. The Company will not take apart doors from refrigerators;
d) we offer full and partial packing services, highly recommended for the protection of your belongings. Please ask your consultant for more information. Self-packing is also an option, we offer moving kits available for purchase.
e) surcharge may apply for stairs per flight, elevator, and long carry; unless otherwise arranged at time of booking;
f) additional truck is available upon timely request at an additional charge.
9.8 The terms and conditions as set out above and in the contract, shall prevail over the terms and conditions set out in any document purported to have a contractual effect used by the Customer, the owner, or any other person having an interest in the goods. However, where the provisions of the Consumer Guarantees Uniform Commercial Code apply, these conditions will be subject to the provisions of that Code.
9.9 The Company may obtain and disclose credit reference information about the Customer on the opening of an account with the Company and whenever the Customer is in default of these conditions.
9.10 Where we engage an international transport operator, shipping company or airline to convey your goods to the place, port or airport of destination, we do so on your behalf and subject to the terms and conditions set out by the carrier.
9.11 Referring to clause 9.10 the Hague Visby rules do not apply to any contract between the Customer and the Company, and no claim whatsoever can be made on the carrier under the Hague Visby rules which govern liability between a shipper and sea carrier or a ship.
10. RESCHEDULING / CANCELLATION POLICY In order to be placed on our schedule you may be charged a deposit in the equivalent to 3-hour minimum charge. Deposit is fully refundable. Subject to 72-hour policy.If you cancel your appointment in less than 72 hours prior to the originally scheduled date and time – you will lose 100% of your deposit.If you reschedule your appointment in less than 72 hours prior to the originally scheduled date and time you may be charged a last minute rescheduling fee.
By the Customer:
In case of cancellation upon the arrival to the site, due to no fault of the carrier, the minimum fee of three hours will be applied. Any changes of the order shall be reported no less than 72 hours before the service date otherwise 3-hour minimum charge will apply. A $300/day security parking fee will apply in case if the Customer refuses to accept delivery at the time agreed. Your cooperation is highly appreciated.
By the Company:
If there is an unsolvable dispute, the Company reserves the right to refuse services and will not be responsible or liable for any penalty or hardships you may encounter.
The Company also reserves the right to request for your move to be rescheduled to an alternate date and time we have available, in the occasion that an unforeseen urgent situation or emergency occurrence occurs and the Company will not be responsible or liable for any penalty or hardships you may encounter.
11. WEIGHT REGULATIONS.
In accordance with labor law two workers can carry up to 300 pounds. If on arrival date, we discover any piece overweight by law the Company can refuse to move it. (3 workers are only able to carry up to 450 pounds, 4 workers are only able to carry up to 600 pounds.) $30 per hour is applied for each additional worker requested on the day of the service.
Pianos and and other extra large and/or extra heavy items will involve an additional fees unless otherwise was agreed upon in writing at the time of booking. The Company will not move grand piano up the stairs.
12. GOVERNING LAW
12.1 All disputes arising under these conditions shall be submitted to arbitration and shall be governed by the United States laws.
12.2 These conditions shall in no way vary the Company’s rights under any statutory exception, exemption, limitation, or other protection.
12.3 These conditions shall be interpreted per the United States laws and the parties hereby submit to the exclusive jurisdiction of the United States courts.
13. ENTIRE AGREEMENT
13.1 The terms and conditions set out on this page and on the front of this document constitute the entire agreement between the parties and supersede and extinguish all earlier negotiations, representations, understandings, and agreements; whether oral or in writing, between the parties.
Our office hours are 7:00 am – 10:00 pm daily Standard Pacific Time. Open 7 days a week and holidays.
We provide competitive hourly rates that are easy to understand as well as affordable packing supplies.
For your peace of mind we carry $1 000 000 million liability insurance, cargo and workers compensation insurances.
Double Drive Time charge will apply to all moving orders. We charge by 15 minute increments therefore minimum Double Drive Time charge is 30 minutes (15 minutes x 2). Driving time between origin and destination is only doubled once regardless of how many trip were made in order to complete the move.
Note: Service time starts when movers arrive to the origin not when they depart company’s warehouse. Trip fee may apply for select jobs with customers approval.
Job time = Packing (optional) + loading (includes time to disassemble and protect furniture) + double drive time + unloading (includes time to reassemble furniture and organize the truck)