TERMS AND CONDITIONS COVERING HOUSEHOLD GOODS MOVED OR STORED
1 CLIENT RESPONSIBILITIES
- Clients must meet and greet movers at the start of the move at the Origin, before leaving to the Destination and at the Destination.
- It’s The Right Move is not responsible for items “left behind”, when the Client is not in attendance.
- Parking and elevators
- Clients are expected to reserve adequate parking for the trucks (40 feet per truck) and any elevators necessary to carry out the move.
- It’s The Right Move will not be handling these tasks for our clients.
- It is a workscope change to not have parking and elevators available on moving day, as applicable.
- Interference and abusive behaviour
- Customers are not to interfere with the movers and to stay clear of the work environment.
- Animals, children, strangers, friends and the elderly are not to be in the work environment unless specifically asked by the moving crew.
- Customers to refrain from abusive, rude or condescending behaviour. Unfortunately, this is a specialty of the Covid-era. So, we may refuse to service or continue to service a project if we bump into this issue.
- Complete and adequate packing and unpacking
- It is the Client’s responsibility to fully and adequately pack all belongings into professional and uniform-sized moving boxes unless packing services were purchased.
- It is the Client’s responsibility to fully unpack all belongings before contacting It’s The Right Move for help locating items unless unpacking services were purchased.
- Items to move
- Clients are responsible for moving all dangerous goods, live animals, perishable and open foods, dirty items and other unpacked or inadequately packed items.
- Accepted Forms of payment
- Credit cards, which are charged in Canadian dollars
- Bitcoin and Ethereum.
- Further, cross-province or cross-border moves are also charged in Canadian dollars and have a 5% GST and the provincial/state taxes included.
2 LIABILITY OF It’s The Right Move
- It’s The Right Move, the carrier of the goods that are described in this Terms of Service or other official It’s The Right Move document is liable for any loss of or damage to goods accepted by It’s The Right Move or It’s The Right Move’ agent, except as provided in this Terms of Service and any other official It’s The Right Move document.
- If it is agreed that the goods are carried at the risk of the consignor of the goods, that agreement covers only those risks that are necessarily incidental to transportation and the agreement does not relieve It’s The Right Move from liability for any loss or damage or delay that may result from any negligent act or omission of It’s The Right Move or It’s The Right Move’ agents or employees, and the burden of providing absence of negligence is on It’s The Right Move.
- It’s The Right Move carries Liability, Cargo, WCB and ICBC insurance.
3 EXCEPTIONS FROM LIABILITY
- It’s The Right Move will not be liable for the following unless caused by the negligence of It’s The Right Move or It’s The Right Move’ agent or employee.:
- loss, damage or delay to any of the goods described in this Terms of Service or other official It’s The Right Move document caused by an Act of God, the Queen’s or public enemies, riots, strikes, a defect or inherent vice in the goods, the act or default of the consignor, owner or consignee, authority of law, quarantine, a delay caused by a mechanical breakdown and extreme weather conditions;
- damage to fragile articles that are not both packed and unpacked by the contracting carrier or by that carrier’s agent or employee(s);
- Damage to the mechanical, electronic, software or other operations of radios, stereos, clocks, computers, TVs, VCRs, DVDs, appliances, musical instruments, tools, vehicles, and other equipment, irrespective of who packed or unpacked such articles, unless servicing and preparation was performed by the contracting carrier or by that carrier’s agent or employee(s).
- loss of contents of consignor packed articles unless the containers used are opened for It’s The Right Move’ inspection and articles are listed on this Terms of Service or other official It’s The Right Move document’s inventories and receipted for by It’s The Right Move.
- damage to or loss of a complete set or unit when only part of such set is damaged or lost, in which event It’s The Right Move is only liable for repair or recovering of the lost or damaged piece or pieces with depreciation; In the event of property damage, It’s The Right Move is only liable to repair the directly affected area to the best of their ability.
- damage to the goods at the place or places of pick-up at which the consignor or the consignor’s agent is not in attendance and cannot give a receipt for goods picked up;
- damage to or loss of the goods at the place or places of delivery at which the consignee or the consignee’s agent is not in attendance and cannot give a receipt for goods delivered.
- It’s The Right Move will not be liable for the following in any case:
- Damage to items or property in spaces deemed tight for moving particular items (e.g. modern townhomes)
- Minor scratches where items were pad-wrapped, this does not apply to deep gouges.
- Damages that somehow seem to be new, when in fact the furniture has similar damages “all-over” the item.
- Damage to items or property when ‘hoisting’ items.
- Damage to walls after Employees of the Company dismount furniture mounted to a wall (e.g. TVs or bookshelves)
- Dismantling or rebuilding cribs
- Mounting furniture on walls
- Perishable, foods, living things.
- Previously damaged or repaired goods that are again damaged.
- Subject to Article 3, the amount of any loss or damage for which It’s The Right Move is liable, whether or not the loss or damage results from the negligence of It’s The Right Move or It’s The Right Move’ employees or agents, is to be computed on the basis of the value of the lost or damaged article(s) at the time and place of pick-up (including the freight and other charges if paid and the duty if paid or payable and not refundable) unless a lower value has been represented in writing by the consignor or has been agreed on between the parties to this Terms of Service or other official It’s The Right Move document, or is determined by the classification or tariff on which the rate is based, in any of which events such lower value is the amount that governs the computation of the maximum liability of It’s The Right Move which will not exceed the maximum liability.
5 MAXIMUM LIABILITY
- The amount of any loss or damage computed must fall between Fortytwo ($42.00) dollars and four dollars and twenty cents ($4.20) per ft3 computed on the total volume and at the replacement value of the individual item or whole shipment in the case of total loss.
- Where replacement or total loss payment of an article is made, the Company at its sole option shall have the right to salvage the article(s). Furthermore, no article may be abandoned on It’s The Right Move property.
6 ARTICLES OF EXTRAORDINARY VALUE
- A carrier is not bound to carry any documents, currency, jewellery, antiques or any articles of extraordinary value unless by a special agreement to do so.
- If such goods are carried without a special agreement and the nature of the goods is not disclosed on the face of the Moving Plan or other official It’s The Right Move document, It’s The Right Move is not liable for any loss or damage, in excess of the maximum liability stipulated in Article 5 of these Conditions of Carriage.
7 DANGEROUS GOODS
- Every person, whether as principal or agent, shipping explosives or dangerous goods without previous full disclosure to It’s The Right Move as required by law, must indemnify It’s The Right Move against all loss, damage or delay caused by those explosives or dangerous goods, and such goods may be warehoused at the consignor’s risk and expense.
- Any liquids, powders, dyes and other substances that can leak, spill or seep into the shipment or that of others creating loss or damage can render the party responsible for all costs associated with said loss or damage.
- It’s The Right Move will not accept articles that cannot be taken into or out of premises without causing damage to the article or premise unless the consignor, consignee, owner or authorized agent assumes liability by instructing It’s The Right Move to handle the moving of such articles.
- Soil, fertilizer, chemicals, batteries, matches, candles, gasoline, propane and other combustibles are strictly prohibited from our moving vehicles. In case an issue arises from having such items on the truck, any damage to the shipment, truck and property will be fully the Client’s responsibility.
8 IKEA-TYPE, PARTICLE-BOARD, PRESSED-BOARD OR OTHER FLAT-PACKED FURNITURE
- Typically furniture that is manufactured from press-board, particleboard and or engineered wood is designed to be packaged in a box for overseas shipping. This greatly reduces shipping costs and consumers “build” the furniture at home with basic instructions or a store may assemble it for their customers. Some items will not fit in or out of rooms unless dismantled which can be time-consuming and difficult. Some items will fit out of homes assembled, and consumers prefer to move the items without taking them apart. Therefore some items are moved assembled at the customer’s request. Damages typically occur because the furniture is not engineered to be moved after the initial assembly. Overall low-grade materials may result in damage, and as a carrier, we will be as careful as possible and not liable for any damage/breakage due to this inherent vice. Even dismantling and rebuilding particleboard makes the joints weaker each time this is done.
- The assembled materials are not structurally sound for moving, and It’s The Right Move is not liable for any damage or breakage.
- The maximum valuation in the event of a dispute is $4.20 per ft3 per article.
9 VEHICLE TRANSPORTATION AGREEMENT
- Under the terms and conditions of this Vehicle Transportation Agreement (the “Agreement”), It’s The Right Move (or its contractors) (“It’s The Right Move (or its contractors)”) agrees to transport the shipper’s (“Shipper”) vehicle (the “Vehicle”) in “as is” condition from the Origin to the Final Destination as set out in the Vehicle Condition Report. The Vehicle Condition Report shall be completed by the Shipper or its appointed representative (“Representative”) before the transportation of the Vehicle. The Shipper or its Representative’s responsibility is to inspect the Vehicle to ensure that the Vehicle Condition Report regarding the pre-delivery condition of the Vehicle is accurate. If neither the Shipper nor its Representative is available to complete the Vehicle Condition Report, then It’s The Right Move (or its contractors)’s review of the Vehicle and completion of such report will be accepted as accurate by both parties.
- If the Shipper appoints a Representative, the Shipper agrees to release and indemnify It’s The Right Move (or its contractors) for all claims, suits, demands, actions, expenses, damages and liabilities resulting from any act and/or omission of the Representative, including, but not limited to, the Representative’s refusal to drop off the Vehicle at the Origin or failure to accept delivery at the Final Destination.
- The Shipper agrees that any transit times communicated to the Shipper by It’s The Right Move (or its contractors) are estimates only and are not guaranteed. The Shipper may not rely on such estimate and agrees that It’s The Right Move (or its contractors) shall NOT be liable for ANY loss or damage arising from a delay in transit.
- In addition to the shipping fees, It’s The Right Move (or its contractors) reserves the right to charge Shipper and Shipper agrees to pay for all incidental charges, costs, and expenses (collectively “Costs”) incurred by It’s The Right Move (or its contractors) on behalf of the Shipper in the course of delivery of the Vehicle and resulting from any act and/or omission of the Shipper. Such Costs shall include but are not limited to, the following: (a) Storage charges commencing 14 days after delivery of the Vehicle to the Final Destination; (b) Applicable fuel charges; (c) Dead run fee (additional pick up or delivery fee that is charged if It’s The Right Move (or its contractors) is unable to pick up or deliver the Vehicle due to Shipper or its Representative’s absence or inability to agree upon a delivery schedule mutually); (d) Cancellation fees if Shipper cancels said shipment (includes administration and operational arrangements in preparation for the shipment); and (e) additional moving costs, fines and/or penalties related to the delivery of the Vehicle.
- The Shipper agrees that the Vehicle must meet the following conditions for It’s The Right Move (or its contractors) to ship the Vehicle: a) Brakes: Vehicle must be in full operational mode with working brakes and emergency brake; b) Gas: Vehicle must have a minimum of ¼ tank of gasoline; c) Alarms: All anti-theft devices must be deactivated. Alternatively, the Shipper may instruct It’s The Right Move (or its contractors) to deactivate such a device by providing clear, written instructions. It’s The Right Move (or its contractors) shall not be responsible for drained batteries as a result of an alarm that has not been disabled; d) Climate: Vehicle must be prepared for the climate conditions of its destination (including engine coolant, transmission oil, and other fluids); e) Tires: Tires must be inflated to recommended pounds per square inch for the Vehicle; f) Battery: Battery must be secure and in good condition. If necessary, the Shipper hereby consents to It’s The Right Move (or its contractors) boosting the battery; g) Antennas: All antennas (including temporary antennas such as cell phone or CB radio) must be lowered or removed; h) Modifications: Spoilers, fairings, air dams, or other low-hanging items must be raised or removed to ensure sufficient clearance for loading on/off rail and truck ramps. If the Vehicle itself has been lowered or raised, you must check with a It’s The Right Move (or its contractors) customer service representative to ensure that the Vehicle will have sufficient clearance; i) Caps/canopies: Caps and canopies on the Vehicle must be adequately bolted or locked to the box of the truck to ensure safe transport. Local height restrictions apply, so you must contact a It’s The Right Move (or its contractors) customer service representative to ensure that the Vehicle has sufficient clearance; j) Luggage/roof racks: Non-permanent luggage, bike or ski racks must be removed from the Vehicle; and k) Personal items: No personal items are to be left in the Vehicle during shipping. Any items shipped in the Vehicle are done so at the Shipper’s own risk, and the Shipper agrees that It’s The Right Move (or its contractors) shall not be liable for any loss or damage to such items.
- It’s The Right Move (or its contractors) reserves the right to immediately terminate this Agreement without any liability if Shipper breaches any term of this Agreement. In such an event, the Shipper shall be liable for all costs and expenses incurred by It’s The Right Move (or its contractors).
- While the Vehicle is being transported to the Final Destination by It’s The Right Move (or its contractors), It’s The Right Move (or its contractors) shall only be liable for damage to the Vehicle resulting from: a) any major collision between the Vehicle and any other vehicle or object; or b) loss or damage to or destruction of the Vehicle caused by derailment, fire or theft of the Vehicle. If It’s The Right Move (or its contractors) is responsible for any transport-related damage as approved by It’s The Right Move (or its contractors), It’s The Right Move (or its contractors) will only be liable for the cost of repair to damage incurred.
- It’s The Right Move (or its contractors) shall NOT be liable for any of the following: a) mechanical defects in the Vehicle, including, but not limited to, exhaust, suspension, brakes, battery, electrical components, drive train or steering; b) damage to the Vehicle from industrial pollution or fallout; c) damage to or loss of any personal belonging or articles; d) damage caused by a pre-existing condition, nick, scratch, chip, crack, or any other imperfection in the Vehicle’s glass; e) minor scratches, dents, chips and scuffs that: (i) may be missed on the Vehicle Condition Report due to weather conditions and/or the cleanliness of the Vehicle at the Origin; or (ii) are attributable to normal wear and tear of the Vehicle in transit; f) any undercarriage damage; g) damage to or loss of canopies or after-factory accessories attached to the Vehicle; h) damage to or loss of the Vehicle resulting from any act, omission or default of Shipper; i) damage to or loss of the Vehicle resulting from any defect or inherent vice in the Vehicle; j) damage to or loss of the Vehicle resulting from an act of God or any governmental body, or any quarantine, riot, strike, civil disturbance, weather or any other event beyond the control of It’s The Right Move (or its contractors); k) indirect, consequential, punitive or exemplary damages or losses; and l) damage or loss that exceeds the Canadian Black Book value of the Vehicle.
- The Shipper acknowledges and agrees that if: (a) he/she chooses to ship the Vehicle “sight unseen,” meaning that the Vehicle has NOT been physically inspected by the Shipper or its Representative at the Origin; or (b) the Vehicle is a “classic vehicle” meaning that the Vehicle is 15 years or older; then It’s The Right Move (or its contractors)’s liability under this Agreement shall NOT exceed CDN$5,000.00.
- The Shipper or its Representative must sign a Vehicle Release Form at the time of receipt of the Vehicle at the Final Destination. Subject to the terms and conditions set out in this Agreement, the Shipper agrees that It’s The Right Move (or its contractors) shall NOT be liable for any loss or damage to the Vehicle unless such loss or damage is noted on the Vehicle Release Form by the Shipper or its Representative. The Shipper agrees that this does not constitute acceptance of such deficiencies by It’s The Right Move (or its contractors). A claim notice for damage to the Vehicle must be submitted in writing within forty-eight (48) hours of receipt of the Vehicle at the Final Destination by the Shipper or its Representative and in accordance with It’s The Right Move (or its contractors)’s claim process. Information regarding the claims process may be obtained from www.itstherightmove.ca/tos or by calling It’s The Right Move at 604-670-6050
- This Agreement, the Vehicle Condition Report and the Vehicle Release Form constitute the entire agreement between the parties with respect to the subject matter of this Agreement and shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein. The parties hereby irrevocably attorn to the jurisdiction of the courts of the Province of British Columbia.
- The parties declare that they require that this Agreement and all documents relating thereto be drawn up in the English language. Les parties aux présentes déclarent qu’elles ont exigé que cette entente et tous les documents y afférant soient en la langue anglaise.
10 NOTICE OF CLAIM
- A carrier is not liable for loss, damage or delay to any goods carried under this Terms of Service or other official It’s The Right Move document unless notice of the loss, damage or delay setting out particulars of the origin, destination and date of shipment of the goods is given in writing to the original contracting carrier or the delivering carrier within 7 days after delivery of the goods.
- Either the original contracting carrier or the delivering carrier, as the case may be, must acknowledge receipt of the claim within 7 days after receipt of the claim.
- Exceptions noted and receipted at the time of delivery do not constitute a notice of claim to the original contracting carrier or delivering carrier. It is the consignee, consignor, owner or authorized agent’s responsibility to forward written notice of claim as laid out above.
- Email is the best way to give notice of a loss, claim or complaint.
11 QUOTE ACCEPTANCE AND PRICING FLUCTUATIONS
- Reservation fees are required to secure space in the moving schedule, and we will not reserve a service without it. This is typically 50% of the Non-Binding Estimate or 50% of the Binding Promised Price Estimate and must be paid by credit card. This fee becomes a payment towards the final invoice.
- The balance is due on the day of pick up, i.e. full payment has to be made before delivery. This includes storage moves, both with known and unknown delivery dates.
- We will automatically charge the balance of your invoice. You authorize It’s The Right Move to process your credit card balance with the most recently used credit card on file.
- By choosing to hire It’s The Right Move and placing a deposit on a move, the consignee agrees to all the conditions of carriage as outlined in this document.
- We do not accept cash, cheque or email transfer as forms of payment, except in special circumstances and at the discretion of the It’s The Right Move management.
- Move Plans (Promised Price Binding Estimates) are honoured for 30 days after the initial consultation and only for the details set out in the Plan. After 30 days we may change the final price to reflect changes in our costs on jobs that have not been booked yet. Any other rate quoted is not binding and could change without notice.
12 SCOPE OF WORK CHANGES
- Any changes in the scope of the work will be reflected in the pricing and/or plans, including changes that happen on the day of the move. When we promise our pricing, it is based on the total volume and the complexity of the move, which, if changed, the cost will need to be changed accordingly. We cannot guarantee that servicing such requests will be possible.
- Time-based moves (legally called Non-Binding Estimates): It’s The Right Move provides a Promised Price only after a Consultation with you. In any other case, the moving cost is finalized after the move. The Move Consultant must approve any work scope changes, and the Promised Price must be changed accordingly.
- Long-distance moves are called a dedicated shipping service. We prefer a containerized moving service to separate your items from other Clients’. However, we cannot guarantee that your shipment will not share a truck with other shipments if it is deemed safer or faster due to weather or other reasons.
- Move Consultants must authorize furniture disposals. Unauthorized furniture disposals will be added to the invoice without notice, regardless of the movers’ acceptance.
13 DATE CHANGES AND CANCELLATIONS
- Full Cancellation
- If the reserved service date is or dates are fully cancelled after placing the reservation fee, It’s The Right Move will retain two hundred dollars ($200.00) per day reserved to cover all administration, labour and opportunity costs.
- For example, if a Client booked packing and moving services and the total duration of the move is three days, It’s The Right Move will retain six hundred dollars ($600) in reservation fees.
- Date Changes within 48-hours of the service
- If a service reservation is modified within 48-hours of the first scheduled date, we will charge $400 per day reserved. We know this is inconvenient, but please remember that we reserved our resources solely for your use. That means we did not book other jobs with those same resources for the same time, and it means no work for our employees for that time frame. Thank you for your understanding.
- Date Changes outside 48-hours of the service
- Changes to the reserved dates are allowed once, without incurring another $200 reservation fee.
- After that, the Client will be charged a $200 date-change fee each time the Client changes the date.
- It’s The Right Move will provide an available date for the move, and dates are first-come-first-serve. We do try to prioritize Clients with existing bookings.
- In this case, we may also change the pricing according to our current availability and Premium days or choose a day that is the same cost as the original Promised Price.
- Unreserved dates
- The reservation fee does not apply to an unreserved date. For example, in the case of a storage move, the delivery date is often not reserved at the time of booking the pick-up date. In this case, the delivery date is yet to be reserved.
14 GOVERNING BODY
- This contract shall be governed by and construed under the laws of the Province of British Columbia, Canada, any dispute shall be determined by, and the parties agree to submit any such dispute to the Courts of the Province of British Columbia having jurisdiction.
- We appreciate your business, and if there is anything that you would like us to know about, please call immediately. Thank you.