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Junk gone today LLC,
4900 Orchard Rd. Garfield Heights Ohio 44128
STANDARD TERMS AND CONDITIONS
This document contains important information about Your relationship with Junk Gone Today, LLC. Please read it carefully and familiarize yourself with its terms.
All services provided by Junk Gone Today, LLC. (the “Company”) are expressly conditioned upon acceptance of all of the terms and conditions set forth below. Any additional or different terms or conditions, whether set forth verbally, in writing, or in any previous or subsequent communications are hereby objected to by the Company and void. The Company reserves the right to modify these Standard Terms and Conditions at any time, upon notice to You, the Customer (referred to herein as “You” or the “Customer”), and You agree that the Standard Terms and Conditions in effect at the time of purchase shall govern all services performed by the Company unless You agree and sign a written amendment. The Company and You are sometimes referred to herein as the “Parties”. These Standard Terms and Conditions and the documents referenced herein shall constitute the entire agreement between the Parties with respect to all services performed by the Company (the “Agreement”).
1. Hourly Rates. The Company bills hourly for its services from the time its representatives leave the Company’s dispatch center to the time they return to the dispatch center. Your initial booking shall set forth the number of hours You book and the applicable hourly rate. At five minutes beyond the last hour quoted shall be billed as a half-hour of additional time at the quoted hourly rate. At thirty-five minutes beyond the last hour booked shall be billed as a full-hour of additional time at the quoted hourly rate. In the event You request or require the Company’s representatives to provide services beyond those indicated in the initial booking, the Company will require payment for any additional service hours via credit card or cash. The Company requires a two-hour minimum purchase and will only refund unused hours beyond the two-hour minimum.
2. Quoted Rates & Times are Reservations Only. All online quotes or phone service requests are reservations only and do not constitute an estimate that the Company’s services can be performed within the time reserved, and are subject to change based on the actual quantity and weight of household goods shipped, distance traveled, long carry, inaccurate data You provide, or any items or circumstances not previously discussed, written or indicated. You acknowledge and agree that all information You provide to the Company is true and accurate to the best of Your knowledge information and belief. The Company provides a quoted rate and will plan and prepare for Your moving assistance is based on the time you reserve and the information You provide. The Company is not responsible for any inaccuracies. The Company reserves the right to charge additional amounts for services, household goods load, box count or other items not clearly indicated. By purchasing the Company’s services, You agree that the Company makes no guarantee that Your move can be completed within the reserved time.
3. Prohibited Items. The following items are prohibited and cannot be moved by the Company: hazardous materials, Pool tables, hot tubs, taxidermies, baby grand pianos, grand pianos, player pianos, flammables, compressed air, medical equipment, firearms, vehicles or motorcycles, cleaning supplies or products, uncrated slate, granite, marble or glass, containers full of liquids, waterbeds, organs, musical equipment, drugs or alcohol of any kind, toy homes, prescription drugs, illegal drugs, marijuana, or any state or federally illegal substance. The Company reserves the right to refuse to move any item as determined in its sole subjective discretion. If Company choses to move any of the prohibited items requested, you agree to waive all insurance or liability coverage on the item or from any other damage caused by or relating to the moving of the item. The Company reserves the right to refuse to move any item which it determines, in its sole subjective discretion, cannot be transported safely, securely, or in a manner that prevents further damage to the item. Additionally, the Company requires that You notify us in advance of any and all items or circumstances regarding the completion of the move.
4. No Protection . Customers who would like the moving assistance process to be expedited as much as possible, without use of the protection methods, including blanket wrap protection, door frame protection or other precautionary methods, will not hold the company or its employees and or contractors harmless for any liability, lost, damage or claim for performance of any services. This method is not recommended since we cannot ensure Your items make it safely to Your next location, without any of our precautionary methods and procedures. Any claims arising after the signature of this form will not be accepted. This form constitutes a full waivers all liability and damage that may be caused during the service contract including Your furniture, articles, home, apartment, office, or storage unit.
5. Labor Services Only You agree acknowledge and understand that Junk Gone Today, LLC provides labor only to help you load or unload a rental truck or container, or otherwise assist You with Your move. Labor help services consist of LABOR ONLY and do not include any vehicle, moving truck, moving equipment, boxes, or protection methods of any kind. If You purchase the Company’s labor help services, You acknowledge and agree that no equipment, protective material, or cargo insurance on Your household goods, property or rental equipment will be provided by the Company.
In the event You contract with the Company for labor services only, You acknowledge and agree that neither the Company, nor its contractors, agents, or employees, shall be liable for the use of or damage to any Shipper provided vehicle, rental truck, container or POD. In the event the Company’s movers are hired to load or unload a Shipper provided rental truck or container, the Company shall have no responsibility or liability for any damage to the Shipper’s household goods, the integrity of the load, or any damages that may occur from shifting during transit or the loading or unloading process.
The Company’s labor assistance movers work at Your direction and, therefore, the Company is not responsible for any damage, bodily injury, scratches, misplaced or mis-crated items, or any damage to any personal items, property, rental equipment, or any items damaged, including but not limited to Your home, house, apartment, storage unit, office, flooring, carpet, walls, stairs or any other physical property not owned by Company. You must provide all protective and cargo securement material to ensure the safety of your cargo during transport.
6. Payment. You agree to make in payment in full to the Company via credit card or debit card to “Junk Gone Today, LLC.” at the time of the beginning of the Company’s services and, in no event, more than 24 hours after completion. Any payments not received within 24 hours of the completion of the Company’s services shall be charged interest at the rate of 5% per month. Payments via credit card or debit card shall be charged a 4% processing fee added to the total amount billed for the services. Cash payments for the Company’s services are prohibited. Any cash given to the Company’s representatives will be considered a tip and shall not be applied to any balance owed to the Company for its services.
7. Weather & Preparation. The Company retains the right to cancel or reschedule any moving services when weather or other conditions would endanger the health and safety of our movers, as determined in the sole discretion of the Company. In the event of a cancellation by our company, all funds paid to Company for the cancelled services will be refunded.
Any time there is adverse weather, especially snow or ice, the areas to be used in the relocation MUST BE PREPARED by the Shipper to allow us to safely perform our services. Any driveway or truck access location that is covered in snow or ice or anything that prevents our trucks from safely accessing the loading/unloading area will delay the process, and will result in increased hourly charges. You must plow, shovel or clear Your loading and unloading areas, especially driveways, so our trucks can safely access the area. If the area is not prepped or safely accessible as dictated in the sole discretion of the Company, we will spend time, on the clock to shovel, apply ice melt, or may have to wait until the driveway or loading areas are clear.
The Company will retain no liability or responsibility to any damage caused to driveways or loading areas while cleaning or removing any debris, snow or other material. You will be billed for all time our Laborers spend prepping the area to make it safe to provide you moving assistance. If You do not wish to pay us to make the area safe, You will have the option of cancelling the job, in which case You will be refunded half of Your moving assistance fees. If extra material is needed to complete or safely secure the loading or unloading areas, You will be charged an additional hours for accessorial charges or fees.
8. Force Majeure. You acknowledge and agree that the performance of the Company’s services may be impacted or delayed by certain Force Majeure Events, or other events beyond Company reasonable control, that may cause an increase or decrease in the cost of, or the time required for, performance of any part of the services under this Agreement.
For the purposes of this Agreement, “Force Majeure Events” include strike, lockout, earthquake, hurricane, flood, fire, or other acts of God or nature, war, rebellion, civil disorders, acts of terrorism, laws, regulations, acts of civil or military authorities (including the denial or cancellation of any necessary license or the modification, change, addition or repeal of any applicable law or regulation impacting any services), unavailability of materials, carriers, or communications facilities, and any other unforeseeable causes beyond the reasonable control of the Company. In no event shall the Company be responsible for, or liable to, the Customer or any third-party as a result of any delay, interruption or failure resulting from any Force Majeure Event. However, the Company shall use reasonable efforts to minimize the consequences of any Force Majeure Event.
9. Assumption of Risk, Release of Claims & Covenant Not to Sue. You agree During the entire moving assistance process, You the client must be present at both the loading location & the unloading location, however, Your participation or assistance in the performance of the Company’s services is at your own risk . You acknowledge and agree that the services performed by the Company are dangerous and involve the significant risk of bodily injury, death, or damage to property. For these reasons, You understand that Your participation in the performance of the Company’s services is at your own risk in order to prevent You from injuring Yourself or others. In the event you participate or attempt to participate in the performance of the Company’s services, including without limitation by loading, unloading, lifting, moving any items or household goods, You knowingly and voluntarily assume full responsibility and liability for any risk of bodily injury, death, to Yourself or others, as well as any property damage, caused by, resulting form, or occurring in connection with any services You choose to perform.
As a material inducement for the Company to perform its services under this Agreement, You hereby release and forever discharge the Company, and irrevocably and unconditionally covenant and agree for and on behalf of Yourself, Your successors and assigns that You will not file or cause to be filed a lawsuit or other legal proceeding, or otherwise assert any claim against the Company, arising from or relating to any damages, losses, or injuries You may incur or sustain as a result of Your participation in the moving assistance services provided by the Company.
10. Notices. Any notice required under this Agreement shall be sufficiently given when personally delivered, sent via United States certified mail, return receipt requested, via overnight courier with receipt verification, or via email to the Company at: 4900 Orchard Rd. Garfield Heights, Ohio 44128, Phone: 216-269-5555 Junkgonetoday@gmail.com, or to Customer at the contact information indicated below their signature to this Agreement.
11. General Provisions.
a. These Standard Terms and Conditions and the documents referenced herein (which are hereby incorporated by reference) constitutes the full and entire Agreement between the Parties and each such Party acknowledges that there is no other agreement, oral and/or written, among the Parties hereto relative to the subject matter of this Agreement. It is further understood that the terms of this Agreement are contractual and not mere recitals.
b. Each signatory hereto warrants and represents that he or she is authorized to sign this Agreement and to bind the Party for whom he or she signs. The Parties hereto warrant and represent that they have obtained all necessary authority from their officers, directors, shareholders, members, and/or any other person or entity to enter into this Agreement.
c. All Parties to this Agreement agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement.
d. Each Party agrees, understands, and acknowledges that they are not relying upon any inducement or representations made by the other Party, or any other Party except as provided herein; that they are not entering into this Agreement under duress, but are doing so as their free and voluntary act; that they each have sought independent legal counseling respecting their legal rights; that they are entering into this Agreement with the full knowledge of the consequences thereof; and that each of them agrees to perform in accordance with the terms of this Agreement.
e. Should any dispute arise concerning the meaning or construction of any term or terms of this Agreement, no term of this Agreement shall be construed for or against any Party as the drafting Party.
f. If any portion of this agreement shall be held void or unenforceable for any reason or at any time, such portion shall be severable from the remainder of the Agreement, which Agreement shall remain in full force and effect.
g. This Agreement shall be binding upon and inure to the benefit of the Parties to this Agreement and to their respective assigns, agents or successors in interest.
h. In the event of a breach by either Party under this Agreement or any other claim arising out of or relating to this agreement, the breaching Party shall pay the reasonable costs and attorney fees incurred by the non-defaulting Party in connection with enforcing this Agreement. THE PARTIES HEREBY AGREE THAT ANY ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT SHALL BE HEARD BY A COURT SITTING WITHOUT A JURY AND, TO THE EXTENT PERMITTED BY LAW, WAIVE ALL RIGHTS TO A TRIAL BY JURY. Any such enforcement action shall be filed exclusively in a state court of competent jurisdiction located in Cleveland, Ohio or a federal court of competent jurisdiction located in Cuyahoga County, Ohio.
i. This Agreement may be executed in counterparts, with the same force and effect as if executed in one complete document. Each such counterpart shall be construed as an original. Facsimile signatures or signatures exchanged through electronic mail (e-mail) shall be equally as binding as originals.
j. Any Party’s failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
k. This Agreement may not be modified or amended, except in writing signed by all parties hereto.
l. This Agreement shall be construed, interpreted, and enforced in accordance with the laws of the State of Ohio without reference to Ohio choice of law.
