Always important information to read and know.
Terms and Conditions
1. Liability of the company: Carrier or warehouseman in possession hereinafter referred to as the carrier. A. Perils assumed- The carrier assumes obligation against direct physical damage or loss to the property to be moved, packed, stored, shipped, forwarded, or otherwise handled from any eternal cause except as hereinafter excluded. B. The carrier shall be liable only for its failure to use ordinary case and then only in the amount of customer’s declared valuation of the goods. The burden of providing negligence or failure to use the care required by law shall be upon the customer. C. Valuation: (1) The terms "Declared Valuation" , "Agreed Value" , “Released Valuation” as used in various Tariffs, Laws Regulations are intended to have the same meaning and are used herein for the purpose of fixing the limit, under all conditions, of the amount that he carrier’s liability, for money damages, as rates and charges are based upon such declared and agreed value. (2) The carrier shall not be liable for more than the lesser of the following amounts: (A) The lump sum value declared by shipper, which may not be less than $5000 or $4.00 per pound multiplied by the actual weight of the shipment, in pounds, whichever is greater (B) The Actual loss or damage not exceeding sixty (60) cents per pound of the weight of any lost or damaged article when the shipper has released the shipment to carrier, in writing, with liability limited to sixty (60) cents per pound per article, or (C) The actual (depreciated) value of the lost or damaged articles, if carrier fails to obtain a shipper’s valuation declaration and signature. D. All applicable terms and conditions herein shall apply to property of customers, hereafter added to storage, and also when the property is ordered out of storage or is ordered shipped or moved.
2. Limitations of liability under the provisions of general order No. 136 series of the California Public Utilities Commission. The responsibility of the carrier for loss and damage to a shipment of household goods is limited by the following exclusions: A. No liability shall be provided for the condition or flavor of perishable articles. B. No liability shall be provided on bills of exchange, bonds, bullion, or precious metals, currency, deeds, documents, evidence of debt, credit cards, firearms (see Note 1), money, gems, jewelry, watches, precious stones, pearls, gold, silver, or platinum articles (see Note 2), stock certificates, securities, stamp collections, stamp-postage, revenue, or trading-or letters or packets of letters which are not specially listed on the shipping document by description and value. Note 1: Liability shall be provided for firearms legally acceptable under the gun control Act of 1968, provided that shipper furnishes to the carrier the caliber, make, and serial number of such firearms and that such firearms are packed by carrier at shipper’s expense. Note 2: Included gold, silver, and platinum household articles such as silverware, coffee service sets, trays, candlesticks, and dishes. C. No liability shall be provided for loss or damage to articles of extraordinary value except under circumstances where each such article is specifically listed of the carrier’s shipping document or inventory of the shipment and specifically designated as an article of extraordinary value and by listing the value thereof, and carrier is offered the opportunity prior to pickup of the shipments to pack and otherwise provide adequate protection for such article (at carrier’s charges thereof) if the packing by shipper is determined by carrier to be inadequate protection for such articles (at carrier’s charges thereof) if the packing by shipper is determined by carrier to be inadequate protection for such article. As used herein, the term “articles of extraordinary value” refers to those articles tendered to a carrier for transportation which because of uniqueness or rarity, such as, but not limited to, musical instruments of rare quality or historical significance, original manuscripts, first editions, or autograph copies of books; antique furniture, heirlooms; paintings; sculptures, and other works of arts; and hobby collections and exhibits. D. No liability shall be provided for damage to particleboard items. E. No liability shall be provided for loss or damage caused by or resulting from: (1) An act, omission, or order of shipper including damage or breakage resulting from improper packing by shipper. (2) Insects, moths, vermin, ordinary wear and tear, or gradual deterioration. (3) Defect or inherent vice of the article, including susceptibility to damage because of atmospheric conditions such as temperature and humidity or change therein. (4) Acts of Nature, hostile or war-like actions in time of peach or war, including action in hindering combating, or defending against and actual impending or expected attach (A) By any government or sovereign power, or by any authority maintaining or using military, naval, or air forces; or (B) by military, naval, or air forces; or (C) An agent of such government power, authority, or force (II) Any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (III) Insurrection, rebellion, revolution, civil war, usurped power, or action taken by government authority in hindering, combating, or defending against such an occurrence, seizure, or destruction under quarantine or customs regulations, confiscations by order of any government or public authority, or risks of contraband, or illegal transportation or trade. F. The carrier shall not be liable for delay caused by highway obstructions, or faulty or impassable highways, or lack of capacity of any highways, bridge or ferry, or caused by breakdown or mechanical defect of vehicles or equipment, or from any cause other than negligence of the carrier. Nor shall the carrier be bound to transport by any particular schedule, means, vehicle or otherwise than reasonable dispatch. Every carrier shall have the right in case of physical necessity to forward said property by any carrier or route between the point of shipment and the point of destination. G. No liability shall be provided for the mechanical or electrical derangements of piano, radios, photograph, clocks, refrigerators, television sets, automatic washer, or other instruments or appliances unless evidence by external damage to such equipment, or unless said articles or appliances are serviced as provided in subparagraph (1) below. The carrier reserves the right to inspect these articles or appliances to determine whether they are in good working order before accepting them for shipment. Carrier assumes no liability whatsoever for retuning, refocusing, or other adjustments of television sets unless such services were made necessary due to carrier’s negligence. (1) Upon request of shipper, owner or consignee of the goods, carrier will subject to (2) below service and unservice such articles as stoves, automatic washer and dryer at origin and destination. Such servicing and unnservicing does not include removal or installation of articles secured to the premises or plumbing, electrical, or carpentry services necessary to disconnect, remove, connect, and install such articles and appliances. (2) If carrier does not possess the qualified personnel to property service and unservice such articles or appliances, carrier, upon request of shipper or consignee or as agent for them shall engage third person to perform the servicing and unservicing. When third person are engaged by the carrier to perform any service, the carrier will not assume responsibility for their activities or conduct; amount of their charges, nor for the quality or quantity of service furnished. (3) Except in instances where prior credit has been arranged, all charges of the third person must be paid directly by the shipper to said third person. H. No liability shall be provided by virtue of any loss or damage caused as a result of any strike, lockout, labor disturbance, riot, civil commotion, or any person or persons taking part in any such occurrence or disturbance. I. No liability shall be provided for any loss or damage arising out of the breakage of china, glassware, bric-a-brac, or similar articles of a brittle or fragile nature unless packed by the carrier’s employees or unless such breakage results from either the negligence of the carrier or from fire, lightning, theft, malicious damage, or by collision or overturning of the conveyance. J. No liability of carrier for loss or damage shall be subject to compliance by the shipper with applicable provisions of the item 92 of maximum tariff 4 (Claims for Loss or Damaged).
3. Ownership of goods: The customer, shipper, depositor, or agent, hereinafter referred to as a customer, represents and warrants that he is lawfully possessed of the said property and/or has the authority to transport and/or store said property in accordance with the terms hereof, customer agrees to indemnify and save harmless the company in the event it is made a party to any litigation by reason of having said property, or any portion thereof transported and/or storage charges.
4. Buildings-fire watchman: The Company does not represent or warrant that its buildings are fireproof or that the contents of said buildings, including the said property, cannot be destroyed by fire. The company shall not be required to maintain a watchman, and its failure to do so shall not constitute negligence.
5. Terms or payment: Invoices and/or statements for transportation, first month’s storage, advance and other charges are due and payable upon completion of such transportation or receipt for storage. Thereafter storage bills are payable monthly in advance. A labor charge will be made for placing the property in storage and removing for delivery or access. Payments must be by cash only.
6. General lien for charges: If shipment is refused by consignee at destination, or if shipper, consignee or owner of property fails to receive or claim it in (15) days after written notice by United States mail addressed to shipper and consignee at post office address shown on face hereof, or if shipper fails or refuses to pay applicable charges in accordance with carrier’s applicable tariff, carrier may sell the property at its option, either (a) upon notice in the manner authorized by law, or (b) at public auction to highest bidder for cash at a public sale to be held at a time and place named by carrier, thirty (30) days notice of which sale shall have been given in writing to shipper and consignee, and there shall have been published at least once a week for two consecutive weeks in a newspaper or general circulation at or near the place of sale, a notice thereof containing a description of the property as described in the bill of lading, and the names of the consigner and consignee. The proceeds of any sale shall be applied toward payment of tariff charges applicable to shipment and toward expenses of notice, advertising and sale, and of storing, caring or and maintaining property prior to sale, and the balance if any shall be paid to owner of property; PROVIDED that any perishable articles contained in said shipment may be sold at public or private sale without such notices, if in the opinion of carrier, such action is necessary to prevent deterioration or further deterioration. In the event of sales under this paragraph the Company may retain out of the proceeds thereof an amount sufficient to pay all unpaid charges, plus interest thereon at the legal rate per month charged monthly will be made together with costs incurred in possession and foreclosure, including attorney’s fees. Also for all charges and expenses for notice advertisement of sale and for sale of the property where there has been a default in satisfying the Company’s lien; also for all court costs and reasonable attorney’s fee in collecting said charges or enforcing its lien, or defending itself in the event that it is made a party to any litigation concerning said property while the same is in its possession.
7. Notice of proof and loss or damage: As a condition precedent to recovery, a claim for any loss or damage, injury or delay, must be filed in writing with carrier within (9) months after deliver to consignee, or in case of failure to make delivery then within (9) months after a reasonable time for delivery has elapsed. And suit must be instituted against carrier within (2) years and (1) day from the date when notice in writing is given by carrier to the claimant that carrier has disallowed the claim or any part or parts thereof specified in the notice. Where a claim is not filed or suit is not instituted thereon in accordance with the foregoing provisions, carrier shall not be liable and such a claim will not be paid.
8. For any reason, should you decide to change your move from "long distance" to "local" after your shipment was picked up - and if shipment did not yet leave pick up city - the following adjustment(s) will apply: A. fuel surcharge fee will be waived B. Contract Line Haul will be adjusted at a rate of $3.00 per cubic feet with $600 minimum. C. All other pick -up charges (materials, packing, long carry etc.) that were originally included in your contract will remain as is. D. "Local storage fee" will be added for each day your shipment stayed in storage - starting the day after your Pick-Up date - since “free storage days” benefit applies only to long distance moves. E. the total amount (B + C + D) includes the delivery of your items to a local destination of choice within a 30 mile radius from our local branch. F. if delivery to your local destination of choice requires us to add any extra charges per our "potential charges" page; they will be added on top of total amount (B + C + D + F). G. If you choose to pick-up your items directly from CNYX storage - then - B - will be adjusted at a rate of $2.60 per cubic feet with $600 minimum (storage handling fees already included). H. Once shipment already left pick up city, no adjustments can be made, you will be charged the full amount stated on your contract.
CUSTOMER REPRESENTS AND WARRANTS THAT THE PROPERTY CONSISTS OF HOUSEHOLD GOODS ONLY AND THAT NO COMBUSTIBLE OR FLAMMABLE MATERIALS ARE INCLUDED
Rights and Responsibilities