480-825-8648Terms and Conditions (1) Section 1 of contract terms and conditions.
(A) The household goods carrier or party in possession of any of the property herein described shall be liable at common law for any loss thereof or damage thereto, except as hereinafter provided.
(B) No household goods carrier or party in possession of all or any of the property herein described shall be liable for any loss thereof or damage thereto or delay caused by an act of God, the public enemy, the authority of law, or an act or default of the shipper or owner. The household goods carrier’s liability shall be that of warehouseman only, for loss, damage, or delay caused by fire occurring after the expiration of the free time (if any) allowed by tariffs lawfully on file after notice of the arrival of the property at destination has been duly sent or given, and after placement of the property for delivery at destination, or tender of delivery of the property to the party entitled to receive it, has been made. Except in case of negligence of the household goods carrier or party in possession (and the burden to prove freedom from such negligence shall be on the household goods carrier or party in possession), the household goods carrier or party in possession shall not be liable for loss, damage, or delay occurring while the property is stopped and held in transit upon the request of the shipper, owner, or party entitled to make such request, or resulting from a defect or inherent vice of the article, including susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes therein, or from riots or strikes. Except in the case of household goods carrier’s negligence, no household goods carrier, or party in possession of all or any of the property herein described, shall be liable for delay caused by highway obstruction, faulty or impassable highway, or lack of capacity of any highway, bridge, or ferry, and the burden to prove freedom from such negligence shall be on the household goods carrier or party in possession.
(C) In case of quarantine the property may be discharged at the risk and expense of the owner into quarantine depot or elsewhere, as required by quarantine regulations or authorities, or for the household goods carrier’s dispatch at the nearest available point in the household goods carrier’s judgment, and in any such case the household goods carrier’s responsibility shall cease when property is so discharged, or property may be returned by the household goods carrier at the owner’s expense to the shipping point, earning freight both ways. Quarantine expenses of whatever nature or kind upon or in respect to property shall be borne by the owner of the property or the household goods carrier may file a lien. The household goods carrier shall not be liable for loss or damage occasioned by fumigation or disinfection or other acts required or done by quarantine regulations or authorities even though the same may have been done by the household goods carrier’s officers, local agents, or employees, nor for detention, loss, or damage of any kind occasioned by the quarantine or its enforcement. A household goods carrier shall not be liable, except in the case of negligence, for any mistake or inaccuracy in any information furnished by the household goods carrier, its local agents, or officers, as to quarantine laws or regulations. The shipper shall hold the household goods carrier harmless from any expense it may incur, or damages it may be required to pay, by reason of the introduction of the property covered by this contract into any place against the quarantine laws or regulations in effect at such place.
(2) Section 2 of contract terms and conditions.
(A) A household goods carrier is not bound to transport property by any particular scheduled vehicle or in time for any particular market other than with reasonable dispatch. A household goods carrier shall have the right, in case of physical necessity, to forward the property by any household goods carrier or route between the point of shipment and the point of destination. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the shipper or has been agreed upon in writing as the released value of the property as determined by the classification or tariffs upon which the rate is based, such lower value plus freight charges, if paid, shall be the maximum amount recovered, whether or not such loss or damage occurs from negligence.
(B) As a condition precedent to recovery, a claim must be filed in writing with the receiving or delivering household goods carrier, or the household goods carrier issuing the bill of lading or receipt, or the household goods carrier on whose line the loss, damage, injury, or delay occurred, or the household goods carrier in possession of the property when the loss, damage, injury, or delay occurred, within 90 days after delivery of the property or, in case of failure to make delivery, then within 90 days after a reasonable time for delivery has elapsed; and suits shall be instituted against any household goods carrier only within two years and one day from the day when notice in writing is given by the household goods carrier to the claimant that the household goods carrier has disallowed the claim or any of its part or parts specified in the notice. Where a claim is not filed or a suit is not instituted in accordance with the foregoing provisions, a household goods carrier hereunder shall not be held liable, and the claim will not be paid.
(C) Any household goods carrier or party liable on account of loss of or damage to any of the property shall have the full benefit of any insurance that may have been affected, upon, or on account of, said property, so far as this shall not avoid the policies or contracts of insurance; provided, that the household goods carrier reimburses the claimant for the premium paid.
(3) Section 3 of contract terms and conditions. Except where such service is required as the result of household goods carrier’s negligence, all property shall be subject to necessary cooperage and baling at the owner’s cost.
(4) Section 4 of contract terms and conditions.
(A) Property not removed by the party entitled to receive it within the free time (if any) allowed by tariff lawfully on file (such free time to be computed as therein provided), after notice of the arrival of the property at destination has been duly sent or given, and after tender of the property for delivery at destination has been made, or property not received, at time tender of delivery of the property to the party entitled to receive it has been made, may be kept in vehicle, warehouse, or place of business of the household goods carrier, subject to the tariff charge for storage and to household goods carrier’s responsibility as warehouseman, only, or at the option of the household goods carrier, may be removed to and stored in a public or licensed warehouse at the point of delivery or other available point, or if no such warehouse is available at point of delivery or at other available storage facility, at the cost of the owner and there held without liability on the part of the household goods carrier, and subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. In the event consignee cannot be found at address given for delivery, notice of the placing of such goods in warehouse shall be mailed to the address given for delivery and mailed to any other address given on the bill of lading or receipt for notification, showing the warehouse in which the property has been placed. (B) If nonperishable property which has been transported to destination hereunder is refused by consignee or the party entitled to receive it upon tender of delivery, or said consignee or party entitled to receive it fails to receive or claim it within 15 days after notice of arrival shall have been duly sent or given, the household goods carrier may sell the same at public auction to the highest bidder, at such place as may be designated by the household goods carrier; provided, that the household goods carrier shall have first mailed, sent, or given to the consignor notice that the property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale under the terms of the bill of lading or receipt if disposition be not arranged for, and shall have published notice containing a description of the property, the name of the party to whom consigned, or, if shipped order notify, the name of party to be notified, and the time and place of sale, once a week for two successive weeks, in a newspaper of general circulation at the place of sale or nearest place where such newspaper is published. Thirty days must elapse after notice that the property was refused or remains unclaimed was mailed, sent, or given before notice of sale may be published.
(C) If perishable property which has been transported is refused by the consignee or party entitled to receive it, or the consignee or party entitled to receive it shall fail to receive it promptly, the household goods carrier may, in its discretion, to prevent deterioration or further deteriorations, sell the same to the best advantage at private or public sale; provided, that if time serves for notification to the consignor or owner of the refusal of the property or the failure to receive it and request for disposition of the property, notification shall be given, in such manner as the exercise of due diligence requires before the property is sold.
(D) If the procedure provided for in this section is not possible, it is agreed that nothing contained in the section shall be construed to abridge the right of the household goods carrier at its option to sell the property under such circumstances and in such manner as may be authorized by law.
(E) The proceeds of the sale shall be applied by the household goods carrier to the payment of freight, demurrage, storage, and any other lawful charges and the expense of notice, advertisement, sale, and other necessary expense and of caring for and maintaining the property, if proper care requires special expense. If there is a balance it shall be paid to the owner of the property.
(F) If the household goods carrier is directed by the consignor or its agent to load property from (or render any services at) a place or places at which the consignor or its agent is not present, the property shall be at the risk of the owner before loading.
(G) If the household goods carrier is directed by the consignee or its agent to unload or deliver property (or render any services) at the place or places at which the consignee or its agent is not present, the property shall be at the risk of the owner after unloading or delivery.
(5) Section 5 of contract terms and conditions. A household goods carrier shall not carry or be liable in any way for documents, species, or for articles of extraordinary value not specifically rated in the published classification or tariffs unless a special agreement to do so and a stipulated value of the articles are endorsed.
(6) Section 6 of contract terms and conditions. Every party, whether the principal or local agent, shipping explosives or dangerous goods, without previous full written disclosure to the household goods carrier of their nature, shall be liable for and indemnify the household goods carrier against all loss or damage caused by the goods, and the goods may be warehoused at the owner’s risk and expense or destroyed without compensation.
(7) Section 7 of contract terms and conditions.
(A) The owner or consignee shall pay the freight and all other lawful charges accruing on said property; but, except in those instances where it may lawfully be authorized to do so, no household goods carrier shall deliver or relinquish possession at destination of the property covered by this bill of lading or receipt until all rates and charges have been paid. The consignor shall be liable for the freight and all other lawful charges, except that if the consignor stipulates, by signature, in the space provided for that purpose on the face of this bill of lading or receipt that the household goods carrier shall not make delivery without requiring payment of the charges and the household goods carrier, contrary to such stipulation shall make delivery without requiring such payment, the consignor (except as hereinafter provided) shall not be liable for the charges. Where the household goods carrier has been instructed by the shipper or consignor to deliver the property to a consignee other than the shipper or consignor, the consignee shall not be legally liable for transportation charges in respect of the transportation of the property (beyond those billed against him at the time of delivery for which he is otherwise liable) which may be found to be due after the property has been delivered to him, if the consignee is an agent only and has no beneficial title in said property, and prior to delivery of said property has notified the delivering household goods carrier in writing of the fact of such agency and absence of beneficial title, and, in the case of a shipment recon signed or diverted to a point other than that specified in the original bill of lading or receipt, has also notified the delivering household goods carrier in writing of the name and address of the beneficial owner of said property; and, in such cases the shipper or consignor, or, in the case of a shipment so recon signed or diverted, the beneficial owner shall be liable for such additional charges.
(B) If the consignee has given to the household goods carrier erroneous information as to whom the beneficial owner is, such consignee shall be liable for the additional charges. Nothing herein shall limit the right of the household goods carrier to require at time of shipment the payment or guarantee of the charges. If upon inspection it is ascertained that the articles shipped are not those described in this bill of lading or receipt, the freight charges must be paid on the articles actually shipped.
(8) Section 8 of contract terms and conditions. If this bill of lading or receipt is issued on the order of the shipper or his agent, in exchange or in substitution for another bill of lading or receipt, the shipper’s signature to the prior bill of lading or receipt as to the statement of value or otherwise, or election of common law or bill of lading or receipt, in or in connection with such prior bill of lading or receipt, shall be considered a part of this bill of lading or receipt as fully as if the same were written or made in or in connection with this bill of lading or receipt.
(9) Section 9 of contract terms and conditions. Any alteration, addition, or erasure in this bill of lading or receipt which shall be made without the special notation herein of the agent of the household goods carrier issuing this bill of lading or receipt, shall be without effect, and this bill of lading or receipt shall be enforceable according to its original tenor. In the event of a major Claim, the Customer cannot take a lawsuit to GMS and must go through our 3rd party affiliate.
Release to Video and photo consent
We strive to offer exceptional moving services to our clients. In line with our commitment to ensuring customer satisfaction, on rare occasions we may feature photos or videos of our moving services on our website or social media platforms.
We understand that some clients may have concerns about their privacy and the handling of their personal belongings. Therefore, by signing the Moving contract, you authorize us to capture photos or videos of your move and use them on our website, social media pages, or any other promotional materials. You also acknowledge that we have the right to use these materials for an indefinite period. We recognize that you may have specific conditions or restrictions regarding the use of these materials, and we pledge to respect your wishes. If you have any specific requests or concerns, please communicate them to us in writing, and we will endeavor to meet them. We prioritize the privacy and security of our clients, and we guarantee that any photos or videos we use will not contain any private information such as addresses or identity information.
By signing the moving contract, you consent to the use of photos or videos of you or your move on our website or social media. If you have any concerns please let us know.
Arbitration program.
What is Arbitration? Arbitration is a faster, simpler, and less expensive alternative to a lawsuit. Disputes are brought before a neutral third party (the arbitrator) who, after carefully reviewing all of the relevant information, issues a final decision. It may favor one of the parties or the decision may affect both parties. Consumers, businesses and government departments-even courts themselves-have successfully used arbitration programs to resolve disputes, and there is a pervasive satisfaction with the process. Arbitration offers parties a decisive legal outcome to their dispute without the expense and inconvenience of court proceedings and attorney fees
(10) Section 10 of contracts Terms and Conditions
Policy For Nonpayment
As per the terms outlined in our contract agreement, it is stated that full payment must be made after the services have been rendered. Failure to receive payment following the Customer’s move date grants Gilbert Moving & Storage the right to save and process the Customers credit card on file for any outstanding balance owed. This may also include the addition of late fees amounting to $25.00 per day, which are the responsibility of the customer for any unpaid balances. In the event that the Company is unable to process the payment or if the Customer initiates a stop payment on the owed amount, the account will be transferred to Century Debt Solutions for collection purposes. It’s important to note that this action may have an adverse effect on your credit rating.
Furthermore, the Customer is liable for any collection fees associated with the efforts made by our third-party affiliate to collect the outstanding debt.
Please ensure that the outstanding payment is settled promptly to avoid any further complications.
Basic Coverage Option
@ $.60 cents per lb. per article, this option is no cost to the customer and is required by the State of Arizona as minimum protection to protect you the customer and the company Gilbert Moving & Storage.
In this case if the damaged item(s) is repairable, please find a repair shop, get the item(s) repaired after sending the paid invoice, we will reimburse you not to exceed our .60 cent per lb. policy based on weight of the damaged item(s).
For example: If an item weighs approximately 200 lbs. and is reparable, the customer will receive a check in the amount of $120.00 and the customer will be responsible for the remaining balance.
Paid Coverage Options
Fair Market Protection Plan Coverage
This Coverage is based on the valuation that the customer deemed what their household total value of household goods. This coverage is not insurance, it is a Fair Market Protection Plan which covers what the damaged item(s) is valued at today.
Valuation Max Liability up to $10,000
Customers Deductible $250 (Needs to be paid before replacement value will be issued.)
Once a settlement amount has been agreed, you will be mailed a check within 5-7 business days.
Example: If the customer purchased a brand new TV 2 years ago at $2000, but is now valued at $500 this is the amount the company will replace or payout with an identical/similar TV.
Non-Binding Estimate
Gilbert Moving & Storage provides a non-binding estimate based on the customer’s list of items when the consultant prepared the quote. This estimate totals the average time and number of trucks it takes to move the things we discussed. Gilbert Moving & Storage does not have to adhere to the estimated time. The customer is charged for the actual labor time (3-hour minimum applies), the material used, and oversized items.
Policy For Filing A Claim
Gilbert Moving & Storage is not responsible for boxes packed by the customer, IKEA or Particle Board/Prestwood furniture, or any items that are not packed, such as mirrors, TVs, marble tops, glass, and pictures of any kind. This also pertains to outdoor patio furniture which includes wicker and rod iron or any other types of material.
If a claim is filed, the customer must submit proof of purchase, the place value of the damaged item(s), and the weight before the claim is reviewed. If these items are not verified at the time of filing your claim the claim may be denied.
Interstate/Intrastate Moves: Must be submitted within 30 days of delivery of the customer’s property.
Furniture: Due to the fragility of IKEA furniture or indoor furniture made from Particle board/Prestwood, the Company will not be held responsible for the breaking or damage of these types of items. Customers can choose to personally disassemble and reassemble for transportation or can ask to sign a waiver of responsibility.
The company is not responsible for normal wear and tear or minor scuffs, nicks, or scratches, This includes dirty carpets, tile or wood flooring and minor scratches or dents on appliances and furniture. The company will not pay for any type of rug cleaning or special services that are associated with the moving process. This also pertains to outdoor patio furniture which includes wicker and rod iron or any other types of metal material.
Any Items that are still in good working condition do not apply to physical damages or give the right to file a claim. It is the carriers option to repair when possible or replace if the item is not repairable.
Power Cords or Extensions: Gilbert Moving is not responsible for the misplacement of any power cords or outlet extensions of any kind that may get misplaced or lost during the move and are the sole responsibility of the customer.
Damages To Walls: Gilbert Moving & Storage is NOT responsible for normal wear and tear of minor scuffs or damaged walls or stucco indoor/outdoor unless it is determined we are at fault before the Final Walk Thru is completed and signed and/or before the movers leave the property. If determined the Company is at fault a settlement may or may not be offered should you file a claim. It is the carriers option to repair when possible.
Damages To Stairs: Gilbert Moving & Storage is NOT responsible for normal wear and tear of minor scuffs or damaged stairs, stair railing or stair steps unless it is determined we are at fault before the Final Walk Thru is completed and signed and/or before the movers leave the property. If determined the Company is at fault a settlement may or may not be offered should you file a claim. It is the carriers option to repair when possible.
Liability Waiver Driveway Damages: By agreeing to use our services, the customer acknowledges and agrees that Gilbert Moving & Storage and its trucks shall not be held liable for any damages caused to the customer’s driveway or property in any way, shape, or form during the course of our services. This includes but is not limited to any damage caused by the trucks being parked on the driveway.
It is at the customer’s discretion to request the trucks to be parked on the street instead of the driveway. If the customer chooses to have the trucks parked on the driveway, they do so at their own risk and agree to release Gilbert Moving & Storage, its employees, agents, and contractors from any liability related to any damages that may occur.
The customer further agrees to indemnify and hold Gilbert Moving & Storage harmless from any claims, damages, or expenses including attorney’s fees arising out of or related to any damage caused to the customer’s property, including but not limited to the driveway, as a result of our services.
By using our services, the customer acknowledges that they have read, understood, and voluntarily agreed to the terms of this liability waiver.
Pianos: Gilbert Moving & Storage will not move pianos up or down stairs. If this service is needed the Company can refer the customer to a piano service.
Prohibited Items From Protection Plan: Customer is solely responsible for the handling of animals, cash, coins, bank notes, currency, deeds, precious stones/metals, valuables, jewelry, video games, video game consoles, prescription medications, firearms, ammunition, propane tank, flammable liquids, live plants, cleaning products, chemistry sets, pesticides, etc. and therefore, Gilbert Moving & Storage is not responsible for any claims pertaining to such items.
Section 11 – Theft Reporting and Accountability Clause:
In our commitment to maintaining a secure environment, we take theft seriously. If theft is reported, all parties, including customers, may be required to undergo a polygraph examination to aid our investigation.
Reporting and Cooperation: Promptly report any theft incidents to our personnel. Cooperation in the investigation process, including undergoing a polygraph examination, is essential for a fair and timely resolution.
Polygraph Examination: Customers are encouraged to voluntarily participate in a polygraph examination administered by qualified professionals.
Confidentiality and Professionalism: Polygraph examinations will be conducted with strict confidentiality and professionalism. Results will only be disclosed to those directly involved in the investigation.
Consequences of Non-Cooperation: Non-cooperation may be viewed as obstructing the investigation, leading to potential measures, including service suspension.
Customer Agreement: By engaging with our products or services, customers agree to comply with our theft reporting and investigation procedures, including potential polygraph examinations. We reserve the right to refuse service to those who fail to cooperate, ensuring a secure environment for all.
