Terms & Conditions

Your Carrier, LLC
PO Box 43035
Birmingham, AL 35243

 

1.    Introduction

The following terms and conditions (“Agreement”) apply to the services between Customer (i.e., the individual or entity contracting for Your Carrier LLC services hereunder) and Your Carrier LLC (the “Company”). This Agreement explains the policies that govern all the services and relationship between Customer and the Company.

2.    Vehicles Necessary for Transportation Services

Customer acknowledges that he/she/it is responsible for providing all vehicle(s) necessary for the transportation services, provided that a Company pickup truck is not selected. Customer also acknowledges that he/she/it is responsible for all equipment, supplies, and other items necessary for the transportation services, including but not limited to dollies, straps, boxes, or otherwise, unless inquired and approved by Your Carrier.

3.    Nature of Services

Customer acknowledges that the Company is not a traditional home mover and that may limit Company from completing certain Customer requests. Customer also acknowledges that Your Carrier LLC does not install or uninstall appliances. Customer also understands that he/she/it is responsible for and required to drive and operate any rental vehicle necessary for the move, given that Company’s independent contractors may only drive vehicles that are self-owned. Customer also acknowledges that Your Carrier LLC does not cover property damage for and will not service pianos, organs, gun safes, pool tables, antiques, exercise equipment or any other collectible, irreplaceable, highly-valuable or potentially-dangerous item, unless expressly approved in a separate writing that is signed by the owner or member of Your Carrier LLC who is authorized to bind the Company.

 4.    Invoice for Services

Customer understands that Your Carrier LLC, through an employee, representative, or independent contractor, will propound to Customer an invoice for all services rendered after said services are completed. Customer agrees to pay the sum invoiced by Your Carrier LLC.

5.    Mandatory One-hour Minimum Rate

Customer agrees to pay a mandatory one-hour minimum rate. The minimum rate is calculated based on the number of carriers used, provided that the move is less than one hour. Customer further agrees, dependent on the number of carriers used, to pay the one-hour minimum rate for the duration of all services provided. Customer understands that he/she/it is responsible for one-hour minimum rate even if Customer dismisses the carriers before completion of the service at any time for any reason. Customer also understands that if Customer’s request(s) cannot be completed on site, Customer may still be subject to pay. Customer further acknowledges that, if an estimate is given, the estimate is not a quote and is subject to change to conform to the actual services rendered.

6.    Fees

Customer agrees to pay an $80 fee, should Customer cancel and/or reschedule within ninety (90) minutes of any scheduled appointment. Customer acknowledges that Your Carrier LLC is not responsible for water damage. Customer agrees to submit payment on all invoices within fourteen (14) days of services rendered. Customer further acknowledges that a 10% late fee will be charged on the principal of any invoice for each past-due day. Customer also agrees that Customer is responsible for all reasonable costs, expenses, and attorney fees incurred in collecting any past-due payment or that Your Carrier LLC may incur in its pursuit of collecting payment on any outstanding invoice. Customer further understands that Customer will be charged a $70 fee on all checks or bank drafts that bounce or are drafted on accounts with insufficient funds.

7.    Property Damage

Customer acknowledges that Your Carrier LLC may cover property damage up to $1,000.00, provided that a claim for damage is made in writing to the Company and is accepted by the Company within two (2) days of services rendered. Customer also acknowledges that Your Carrier LLC does not cover property damage for and will not service pianos, organs, gun safes, pool tables, antiques, exercise equipment or any other collectible, irreplaceable, highly-valuable or potentially-dangerous item, unless expressly approved in a separate writing that is signed by the owner or member of Your Carrier LLC who is authorized to bind the Company. Customer understands that, under this Agreement, any claim for damage to property, whether personal, real, or otherwise, is waived unless a reasonable description of the damage is reported in writing to Your Carrier LLC within two (2) days of the date of service. Customer further understands that Your Carrier LLC must expressly accept responsibility for damaged items to bind itself and that merely reporting damage does not bind Your Carrier LLC to any claimed damages.

8.    Indemnification

Customer agrees to indemnify, defend and hold harmless Company, its officers, directors, members, employees, independent contractors, agents, shareholders, licensors, suppliers and any third-party information providers from and against all claims, demands, actions, losses, expenses, damages and costs, including reasonable attorneys' fees and litigation expenses, that arise from: (1) any violation of this Agreement by you; (2) any violation of any rights of a third party by you; or (3) any violation of applicable law.

9.    Warranties

Customers acknowledges that Company makes no warranties, neither express nor implied, and that any all warranties are hereby expressly disclaimed.

10.  Limitation of Liability

 To the extent permitted by applicable law, in no event shall Company be liable to Customer for any special, indirect, incidental, or consequential damages arising out of or in connection with this Agreement, including but not limited to such damages arising from tort, including negligence and strict liability, breach of contract or warranty, including without limitation damages for interrupted communications, lost data or lost profits, even if such party has been advised of (or knows or should know of) the possibility of such damages and notwithstanding the failure of essential purpose of any remedy. Nothing in this section shall be construed to apply to the making of payments, collection of debts, unpaid accounts, or invoices.

 11.  Independent Contractors

 Customer acknowledges and understands that Your Carrier LLC uses independent contractors for moving and transportation services. Customer understands that the independent contractors are not employees or agents of Your Carrier LLC. The independent contractors have autonomy of the services provided, including the operation of vehicles, and are not under the direct control of any supervisor, officer, master, or employer.

12.  Notices

Any notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally, mailed by certified mail, return receipt requested, or delivered by a national overnight delivery service prepaid and addressed to the addresses set forth in the preamble to this Agreement or to such other address as each party may designate in writing.

13.  Force Majeure

If the performance of this Agreement, or any obligation hereunder, except the making of payments hereunder, is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of the affected party, the party so affected, upon giving prompt notice to the other party, shall be excused from such performance to the extent of such prevention, restriction or interference.

14.  Integration

This Agreement together with all exhibits and other related documents that are incorporated herein by reference, embodies the entire Agreement and except as otherwise contemplated herein, supersedes all prior agreements, written and oral, relating to the subject matter hereof. In the event of a conflict between the provisions of the main body of the Agreement and any attached exhibits, the Agreement shall take precedence.

15.  Amendments

Amendments to this Agreement, including any exhibit hereto, shall be enforceable only if they are in writing and are signed by authorized representatives of both parties. Under this provision, both parties must agree to any amendments to the Agreement for such amendment to be valid.

16.  Assignability

No party to this Agreement may assign or delegate all or any portion of its rights, obligations, or liabilities under this Agreement without the prior written consent of the other party to this Agreement.

17.  Waiver

The failure of any party hereto to enforce any provision of this Agreement, or any right with respect hereto, or failure to exercise any election provided for herein, shall in no way be considered a waiver of such provision, right, or election, or in any way affect the validity of this Agreement. The failure of any party hereto to enforce any provision, right, or election shall not prejudice such party from later enforcing or exercising that provision, right, or election that it has under this Agreement.

18.  Nondisparagement

Customer agrees not to undertake any disparaging or harassing conduct directed at Company, its officers, members, owners, employees, independent contractors, or representatives, at any time during the term of the Agreement or following termination hereof.

19.  Mandatory Arbitration of Disputes

 Customer and Company agree to arbitrate all claims, controversies, or disputes of any kind ("claims") against each other, including but not limited to claims arising out of or relating to this Agreement, or Company’s services, software, billings, advertisings, or equipment. This agreement to arbitrate is intended to be broadly interpreted and applies to, among others: all claims regardless of whether they are based in contract, tort, statute, fraud, misrepresentation or any other legal theory; all claims that arose before your receipt of services from Company (such as from advertisings) or before this agreement; all claims that arise after the termination of Company’s services to you or after the termination of this Agreement; all claims you may bring against Company’s employees, independent contractors, agents, affiliates or other representatives; and all claims that Company may bring against you. The sole exception to this arbitration agreement is that either Customer or Company may, in the alternative, brings claims for the collection of debts or collection of past-due accounts or invoices in a court having valid jurisdiction. Customer and Company agree, however, that neither Company nor Customer will join any claim with a claim or claims of any other person(s) or entity(ies), whether in a lawsuit, arbitration, or any other proceeding, including class actions, mass actions, or multidistrict litigation. Customer and Company agree that no claims will be asserted in any representative capacity on behalf of anyone else; that no claims will be resolved on a class-wide or collective basis; that no arbitrator or arbitration forum will have jurisdiction to adjudicate or determine any claims on a class-wide or collective basis; and that no rules for class-wide or collective arbitration will apply.

20.  Jurisdiction and Disputes

This Agreement will be governed by the laws of the State of Alabama, without regard to its conflicts of law provisions, provided that matters affecting copyrights, patents, and/or trademarks will be governed by United States federal law.

The parties agree that the judicial forum for any actions or proceedings brought relating to this Agreement and allowable under this Agreement shall be the federal or state courts located in the State of Alabama, County of Jefferson, Birmingham Division.