DELIVERY
TERMS OF SERVICE

 

 

These Terms of Service (the “Agreement”), dated 08/31/2022, are entered into between CUSTOMER (the “Customer” or “you”) and More Than Freights, LLC (the “Delivery Company”), an Oregon limited liability company. The parties hereby agree as follows:

 

Services – Delivery Company shall provide furniture delivery, assembly, removal, donation, and moving services (collectively, the “Services”) for the Goods (as defined below). The price for the Services (the “Charges”) is quoted on this form, unless otherwise agreed to in writing by the Customer and the Delivery Company, and relies solely on the information provided by the Customer. Any inconsistency with the true information could vary the price of the requested Services. If any payment is made at the time of filling out this form and the final price increases, our team will contact you to request payment of the balance before performing the Services.

 

Goods – Customer shall provide on this form an accurate list of items subject to the Services (the “Goods”), including quantity and type or types of item(s). Under no circumstances will Delivery Company provide Services for goods that do not conform to the description on this form, or that are otherwise classified as hazardous chemicals, volatile, toxic, or similar. Delivery Company reserves the right to reject to provide Services for the Goods in their sole discretion.

 

Payment of Charges – Payment of the Charges is required within two (2) days of scheduling the Services contemplated herein. The Charges are exclusive of all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any governmental authority on any amounts payable by Customer.

 

Delivery

 

A responsible party (minimum of 18 years old) must be present to accept and sign on behalf of Customer for any Services related to the Goods.

 

Delivery Company relies on the information and details provided by Customer, and Store. Customer hereby acknowledges that the failure of the Customer to provide accurate information and details such as phone number, name, delivery address, missing apartment or unit number, description of the Goods, and any other necessary information needed by Delivery Company to accurately charge for and provide the Services may cause the final Charges to vary. Furthermore, Delivery Company is released of any liability under this Agreement for claims arising from Delivery Company’s reliance on inaccurate information provided by Customer.

 

Customer hereby acknowledges that it is the Customer’s responsibility to ensure that the Goods subject to the Services fit into the home and can be safely delivered to the location of choice. If upon arrival by the Delivery Company the Goods do not fit, Delivery Company is released of any obligation to complete the Service, and no refund will be issued to Customer.

 

Delivery Company will assess, in its sole discretion, whether the Goods can be delivered safely. If the Delivery Company determines there is a high risk of damaging the property and/or the Goods, they will inform the Customer. If the Customer still wants the Delivery Company to attempt delivery, the Customer will be required to sign a Release Form that releases Delivery Company from any liability for such attempt. If the Delivery Company determines that the Goods cannot be delivered safely, Delivery Company is released of any obligation to complete the Service, no refund will be issued to Customer, and the delivery will be cancelled.

 

Please contact us 48 hours prior to the established delivery time to cancel or reschedule the Services. If you are not home at the scheduled delivery time and/or did not cancel within the 48 hour time frame, you are still responsible for the Charges, and we reserve the right to charge you again for re-delivery.

 

Upon completing the Services, Delivery Company will take pictures of the Goods and request that the Customer (or a responsible party) sign a delivery receipt accepting delivery and acknowledging that the Services were performed successfully, with no damage to the premises or the Goods.

 

Loss or Damage

 

Delivery Company shall be liable as a motor carrier for and shall be responsible to Customer for loss or damage to the Goods that occurs during the performance of the Services under this Agreement, unless the loss or damage is due to forces outside of Delivery Company’s control. Delivery Company’s liability will commence when Delivery Company takes physical possession and control of Goods and will end when Customer and/or a responsible party signs the delivery receipt without notation of damage. Customer hereby expressly releases Delivery Company from any liability for loss or damage to the Goods that occurred when the Goods were not in Delivery Company’s possession.

 

In the event of any loss or damage, Customer must make a claim for such loss or damage within two (2) days. Claims for damage will not be accepted for any items made of fragile materials, including but not limited to glass, mirrors, marble, ceramic, or tile, or for carpets and/or rugs. It will be the responsibility of Delivery Company to investigate and settle all claims with Customer within 30 days from date the claim was made. In the case of loss or non-delivery, Customer will make every effort to file claims with Delivery Company five (5) days from the date on which Customer is notified of such loss. To the extent Delivery Company is responsible for any damage, Customer will not be charged for any freight or home delivery fees for replacement merchandise. In addition, if Delivery Company is responsible for damage to an order and attempts to fix that damage, but the Customer refuses to accept the repaired item(s), Delivery Company shall be responsible for approving the claim for the replacement item.

 

Limitation of Liability

IN NO EVENT WILL DELIVERY COMPANY BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES OF ANY TYPE OR NATURE WHATSOEVER AND HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF ANY PROVISION OF THIS AGREEMENT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY CUSTOMER OR COULD HAVE BEEN REASONABLY FORESEEN BY PERSON OR ENTITY, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL DELIVERY COMPANY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED (i) ZERO POINT FIVE (0.5) TIMES THE TOTAL OF THE AMOUNTS PAID TO DELIVERY COMPANY FOR THE SERVICES RENDERED HEREUNDER OR (ii) FIVE THOUSAND DOLLARS ($5,000), WHICHEVER IS LESS.

Indemnification – Customer shall indemnify, defend, and hold harmless Delivery Company and its officers, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by Indemnified Party, relating to/arising out of or resulting from any claim of a third party or Delivery Company arising out of or occurring in connection with the Services or from Customer’s negligence, willful misconduct, or breach of this Agreement (each a "Delivery Claim"). Customer shall not enter into any settlement of a Delivery Claim without Delivery Company's or Indemnified Party's prior written consent. Amounts incurred by Delivery Company shall be charged in relation to the Goods and subject to Delivery Company’s lien.

 

Force Majeure – Delivery Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. If Delivery Company has been unable to perform the Services due to any of the aforementioned reasons, the Goods shall be subject to storage charges until such Goods are actually delivered.

 

Third-Party Beneficiaries – Except as specified in the next sentence, this Agreement is for the sole benefit of the Parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or will confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these terms. Notwithstanding the foregoing, all limitations upon, and exceptions and defenses to, liability granted to Delivery Company will be automatically extended to all parent, subsidiary, and affiliated entities and all subcontractors of Delivery Company and the owners, directors, officers, employees, and agents of each of the foregoing. Customer agrees that Delivery Company's officers, employees, agents, affiliates, successors, and permitted assigns are third-party beneficiaries of the indemnification provisions of this Agreement.

 

Arbitration – Any dispute or claim that arises out of or that relates to this Agreement, or to the interpretation or breach thereof, or to the existence, validity, or scope of this Agreement or any arbitration agreement, shall be resolved by arbitration in front of one arbitrator in accordance with the then effective arbitration rules of (and by filing a claim with) Arbitration Service of Portland, Inc. or the American Arbitration Association, whichever organization is selected by the party who first initiates arbitration by filing a claim in accordance with the filing rules of the organization selected, and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof.

 

A party may seek from a court an order to compel arbitration, or any other interim relief or provisional remedies pending an arbitrator’s resolution of any dispute, controversy, or claim.  Any such action, suit, or proceeding will be litigated in courts located in Multnomah County, Oregon. For the purposes set forth herein, each party consents and submits to the jurisdiction of any local, state, or federal court located in Multnomah County, Oregon.

 

Severability – If any term or provision of this Agreement is invalid, illegal, or unenforceable in any specific situation or jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other situation or jurisdiction. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the parties will negotiate in good faith to modify this Agreement to give effect to the original intent of the parties as closely as possible so that the transactions contemplated hereby will be consummated as originally contemplated to the greatest extent possible.

 

Waiver  – No waiver by Delivery Company of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Delivery Company. No failure by Delivery Company to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates, or may be construed, as a waiver thereof. No single or partial exercise by Delivery Company of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

 

Assignment – Customer will not assign, transfer, delegate, or subcontract any of its rights or obligations under this Agreement without the prior written consent of Delivery Company. Any purported assignment or delegation in violation of this Agreement will be null and void. No assignment or delegation will relieve Customer of any of its obligations hereunder. Delivery Company may at any time assign, transfer, or subcontract any or all of its rights or obligations under this Agreement without Customer's prior written consent.

 

Successors and Assigns – This Agreement is binding on and inures to the benefit of the parties to this Agreement and their respective permitted successors and permitted assigns.

 

By signing this Agreement and/or utilizing any Services the Delivery Company may provide you expressly acknowledge that you understand this Agreement and accept all of its terms.