These terms and conditions apply to all services performed by Michael’s Movers Inc. Please review this information carefully before your move.
The following terms and conditions apply to all services performed by the carrier under this contract. The term “Carrier” refers to Michael’s Movers Inc., a Massachusetts corporation.
This contract is also subject to all rules, rates, and charges in the current tariffs, published or on file with the applicable transportation authority.
(a) The Carrier, or party in possession of any of the property described herein, shall be liable as a common carrier for any loss thereof or damage thereto, except as provided in these terms.
(b) No Carrier or party in possession of all or any of the property shall be liable for any loss, damage, or delay caused by act of God, public enemy, war, acts of public authority, quarantine, riots, strikes, perils of navigation, default of Shipper or owner, nature of the property, defect or inherent vice, occurrences in customs warehouse, or similar causes.
Carrier shall not be liable for loss or damage to paintings, statuary, ornamental items, works of art, articles of unusual nature or value, photographs, pictures, antiques, dishes, glassware, musical instruments, vases, mirrors, marble or enamel pieces, lamps, lamp shades, or other fragile articles unless such loss or damage was caused by negligence of the Carrier. The responsibility to prove such negligence shall be on the Shipper, except where arrangements have been made for packing and unpacking by the Carrier or its agent.
No Carrier shall be held liable for internal malfunction of any computerized, electrical, or mechanical item or equipment, whether packed or unpacked by the Shipper, Carrier, or their agents. No Carrier shall be liable for damage to or loss of contents of furniture, crates, bundles, cartons, boxes, barrels, or other containers unless such contents are open for Carrier inspection and specifically listed by the Shipper and receipted for by the Carrier or its agent.
(c) No Carrier shall be liable for delay caused by obstructions, faulty or impassable highways, lack of highway, bridge, or ferry capacity, breakdown, or mechanical defect of vehicles or equipment.
(d) Carrier’s liability shall be that of a warehouseman only for loss, damage, or delay caused by fire occurring after arrival of the property at destination or port of export and after tender of delivery has been made. Except in cases of Carrier negligence, Carrier shall not be liable for loss, damage, or delay while the property is stopped, held, or stored in transit at the request of the Shipper, owner, or party entitled to make such request.
(a) Carrier shall have the right, in case of physical necessity, to forward the property by any Carrier or route between the point of shipment and destination. Where a lower value than actual value has been represented in writing by the Shipper or agreed upon as the released value of the property, such lower value, less charges, shall be the maximum amount recoverable, whether or not loss or damage occurs from negligence.
(b) As a condition precedent to recovery, claims must be filed in writing with the receiving or delivering Carrier, the Carrier issuing this proposal for service and bill of lading, or the Carrier in possession of the property when the loss, damage, injury, or delay occurred, within 10 days after delivery of the property.
Suits shall be instituted against any Carrier only within two years and one day from the date when written notice is given by the Carrier to the claimant that the Carrier has disallowed the claim, or any part of the claim specified in the notice. Where claims are not filed or suits are not instituted according to these provisions, no Carrier shall be liable.
(c) Any Carrier or party liable on account of loss or damage to property shall have the full benefit of any insurance effected upon or on account of the property, so long as this does not avoid the policies or contracts of insurance, provided that the Carrier reimburses the claimant for the premium paid thereon.
Except where such service is required as the result of Carrier negligence, all property shall be subject to necessary cooperage, packing, and repacking at the owner’s cost.
(a) Carrier shall have the right to retain possession of any property transported by it and to take and place the same in storage at the charge and expense of the Shipper until all tariff rates and charges have been paid in cash or by credit card. Nothing herein shall limit Carrier’s right to require prepayment in part or full, or a guarantee of charges, at or before shipment.
(b) Property not received by the party entitled to receive it after appropriate notice may be kept in the vehicle, warehouse, or place of business of the Carrier, subject to lawful charges and Carrier’s responsibility as warehouseman only.
At Carrier’s option, the property may be removed to and stored in a warehouse at the point of delivery or another available point at the cost of the owner, subject to a lien for transportation and lawful charges, including reasonable storage charges. If the Consignee cannot be found at the address listed on the bill of lading, Carrier shall be discharged from liability upon sending notice to the Shipper showing the warehouse where the property has been placed.
(a) Where Carrier is directed to take property from a place at which the Consignor or their agent is not present, the property shall be at the risk of the owner before loading.
(b) Where Carrier is directed to unload or deliver property at a place where the Consignee or its agent is not present, the property shall be at the risk of the owner after unloading or delivery.
No Carrier will carry or be liable in any way for documents, specie, or articles of extraordinary value unless a special agreement is made to do so and a stipulated value of the articles is endorsed hereon.
Explosives or dangerous goods will not be accepted for shipment. Every party, whether principal or agent, shipping such goods shall be liable for and indemnify Carrier against all loss or damage caused by such goods. Carrier will not be liable for safe delivery of such shipment.
The owner or Consignee shall pay the advances, tariff charges, packing, storage, if any, and all other lawful charges accruing on the property. No Carrier shall deliver or relinquish possession at destination until all tariffs and charges have been paid.
Consignor shall also be liable for advances, tariff charges, packing, storage, and other lawful charges, except as otherwise agreed in writing. The beneficial owner shall also be liable for all charges due to Carrier where not paid by Consignor or Consignee.
If the Consignor or Consignee has given Carrier erroneous information as to the identity of the beneficial owner, such Consignor or Consignee shall be liable for additional charges and any attorney’s fees incurred by Carrier as a result of the disclosure. Nothing herein limits Carrier’s right to require prepayment of charges at the time of shipment. If inspection shows the articles shipped are not those described herein, the advances or tariff charges must be paid upon the articles actually shipped.
If this proposal for service and bill of lading is issued on the order of the Shipper or their agent, in exchange for or substitution of another proposal for service and bill of lading, the Shipper’s signature to the prior proposal for service and bill of lading, including any statement of value or liability election, shall be considered part of this proposal and bill of lading as fully as if written herein.
Any alteration in this proposal for service and bill of lading made without special notation by the Carrier shall be without effect, and this document shall be enforceable according to its original tenor.
If you have questions about service terms, bill of lading conditions, claims, payments, storage, delivery, or moving preparation, contact our Boston moving team before your scheduled move.
