Rules, Terms, and Conditions for All Intrastate Moving and Accessorial Service

1. Applicability
   • These terms are binding upon all intrastate transportation services performed by or on behalf of 1776 Moving & Storage, or any agents, subcontractors, or affiliates thereof, including but not limited to the transportation of household goods.
   • These terms apply to storage services where storage was accessorial or performed in conjunction with moving
2. Bills of Lading
   • Carrier’s household goods bill of lading is supplemented by these terms, and in any case of conflict these terms shall control.
   • The bill of lading is prepared by and always based upon the information provided by the
   • Shipper is required to sign the bill of lading at origin once the goods are fully loaded. Shipper is required to execute the bill of lading at delivery once the goods have been delivered and It is the option and choice of the shipper as to what level and detail of inspection to perform. However, shipper’s signature on the bill of lading at delivery shall be binding in regard to any observable damage to household goods, regardless of packing or packaging.
   • The failure of shipper to sign a bill of lading at origin or destination shall have no Shipper is deemed to acquiesce to the bill of lading terms by acceptance of the bill of lading and tender of the goods to the carrier. Shipper is deemed to have accepted delivery without exception of shipper fails or refuses to execute bill of lading at delivery.
   • The failure of the carrier to sign a bill of lading at origin or destination shall have no effect. Carrier has executed the bill of lading by its very issuance, and the lack of a carrier signature at origin or destination shall never vary these terms.
3. Estimates
   • Estimate means a written document that sets for the cost of the proposed moving services and describes the basis of those
   • In order to declare a value and received a valuation other than the released value of sixty cents per pound, shipper must request an estimate that includes the cost of its request valuation, and it must pay that valuation cost in full prior to the provision of any moving This valuation must also appear on the face of the bill of lading, and must be written and signed by shipper and 1776.
   • It is the duty of the shipper to clearly designate and reveal all goods that are to be moved. Any failure to disclose items will result in the item not being included in the estimate. Any changes to the disclosed items will necessarily result in a revised estimate or a refusal to transport those previously undisclosed
   • Estimates will be completed, presented, and executed prior to the provision of any moving
   • Shipper shall not execute any estimate after the provision of any moving services, and Shipper’s signature on an estimate shall be evidence that the estimate was issued prior to the provision of any moving
   • Estimates shall be dated on the date the estimate is performed, provide the proposed moving date, and include carrier’s address and telephone number where carrier’s employees are available during normal business

• Estimates must include the origin and destination address, the name of the shipper, and a telephone where the shipper may be reached. Failure of the shipper to provide a number at which it can be reached, and failure to respond to calls or inquiries from carrier is a material breach of these

4. LIMITATION OF LIABILITY
   • The carrier or party in possession shall be liable for physical loss of or damage to any articles from external cause while being carried EXCEPT loss or damage caused by or resulting from:
     • Carrier shall have no liability for delay. Carrier’s sole duty is to transport with reasonable dispatch. If shipper has paid a separate sum specifically and solely for delivery by a time and date certain, shipper’s maximum recover for delay shall be the amount of that separate sum paid solely and specifically for delivery by a time and date certain;
     • Any act, omission, instruction, or direction of shipper, including the packing or preparation of goods;
     • Any defect or inherent vice of the article, including but not limited to, susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes therein, including mold as a result thereof;
     • Any act of war, or hostile warlike condition in a time of peace;
     • Any terrorist activity, including action in hindering or defending against such an occurrence;
     • Any “Act of God” as that term has been interpreted by American Jurisprudence, including but not limited to natural disasters, catastrophes, tornados, hurricanes, floods, fires, earthquakes, landslides, or similar events;
     • Any act of a governmental authority;
     • Any mechanical or electrical malfunction or failure to function of any appliance, mechanical, electrical, or electronic item, including but not limited to copiers, printers, computers, laptops, desktops, ipads, tablets, touchscreens, video players, televisions, monitors, screens, stereo equipment, speakers, turntables, projectors, or similar items, absent evidence of both carrier mishandling of that particular item and physical damage to said item noted as an exception in writing at delivery;
     • Any damage or loss resulting from ordinary wear and tear, leakage, mold mildew, insects, rodents, vermin, moths, rust, heat, natural deterioration, or any damage to any particle board item.
     • Damage to press-board, particleboard or engineered wood furniture. Furniture or goods manufactured from or comprised of pressed-board, particle board, or engineered wood are not designed to withstand the normal rigors of household goods moving Such goods were intended either not to be moved or to be fully disassembled prior to moving. If you choose not to entirely disassemble such furniture prior to the provision of moving services, carrier shall have no liability for any damage resulting thereto.
     • Any loss or damage to any prohibited item that may not be tendered to carrier under any condition, including currency, precious stones, bonds, stamps, documents, species, specimens, silver, silverware, jewelry, cellular phones and accessories, furs, art, paintings, sculptures or any object of any kind with a value in excess of $100 per pound;
     • Any loss or damage resulting from an attempt, as Shipper’s direction, to move a piece of furniture through an ingress, egress, passage, doorway, stairway, or similar, where such attempt leaves less than six inches of room on all sides of the item, or where it requires twisting, turning, swinging, spinning or other manipulation of the furniture or item in order to make it This waiver specifically includes a waiver of any damage to the physical property around which such item was moved;

• Any damage resulting from inclement weather, rain, humidity, or atmospheric condition of any kind. Carrier’s cannot control the weather. Proceeding with a move during inclement weather is a choice of the shipper, and by engaging carrier, shipper agrees to hold carrier harmless from any damages resulting from weather or weather related
• Any damage to any item concealed or contained within another tendered item;
• Compensation, repair, or replacement of items in a set, regardless of the independent usability of said items without the other. Carrier shall have no liability for undamaged items within a set regardless of the damage or loss of other items in the set

• Regardless of the foregoing, under no circumstances will carrier’s liability ever exceed the lesser of replacement value, repair value, invoice value, the value declared on the face of the bill of lading for which rate valuation has been paid in full prior to carriage, or sixty cents per pound per
• For increased valuation customer will be charged $60.00 per $1,000 of declared value, and such valuation charges must be paid in full in advance of the provision of any
• Under no circumstances shall Carrier have any liability of special, consequential, indirect, or incidental damages, including but not limited to lost profits, loss of use, purchase or leasing of replacement items, money spent on labor or services from other vendors, or any other purely economic damages, arising out of or in connection with any transportation

5. Pickup from or delivery to storage
   • Where carrier is directed to pick up goods for transportation from a storage location or warehouse, including a shipper’s own self-storage or container rented or leased by shipper, carrier’s liability shall not exceed sixty cents per pound for such items regardless of any Any location that is not an actively lived-in residence shall be considered storage.
   • Goods picked up from a storage location or warehouse are accepted as worn, contents and condition unknown, and otherwise well-used goods. It shall be the burden of shipper to demonstrate the condition of such items by clear and convincing evidence in order to file a claim for damage to such
   • Where carrier is directed to deliver goods to a storage location, warehouse, container, or any place of delivery that is not an active residence, it is the duty of Shipper to inspect all goods at the time of delivery, and document any alleged change in condition resulting from transit. Shipper waives all damage to goods delivered into storage which is not noted as a written exception in the delivery documents.
   • For goods stored with Carrier as a warehousemen access to goods will be charged at a rate of

$65 per hour with a two-hour minimum.

6. Agents/Independent Contractors
   • Carrier may utilize agents and independent contractors on any moving and storage services Additionally, unless you have purchased and paid for “exclusive use of the vehicle”, there is no guarantee that your items will not be temporarily stored, cross-docked, offloaded, and/or reloaded onto a different vehicle.
7. Delivery Schedule
   • All shipments arranged for local delivery will be delivered with reasonable
   • Delivery times and dates are estimates and not binding in any manner. All moves will be completed, either by placement into storage, or delivery within ten
8. Filing of Claims for loss and
   • All loss and/or damage to any property must be noted on the delivery receipt, bill of lading, or inventory as Any loss or damage not noted at the time of delivery is waived.

• All claims for loss and damage must be submitted in writing within sixty days of delivery, or for any shipment which is not delivered, within sixty-one days of the date of
• All claims for loss and damage must include a copy of the bill of lading, a description of each missing or damaged item, including its approximate weight, and a demand for specified dollar amount of monetary compensation
• Carrier may take up to ninety days to process claims, and will provide a response to all claims compliant with this section within that time period, accepting, rejecting, or offering settlement of said claim.
• All suits for loss or damage to goods must be filed within two years and one day of the rejection of the shipper’s claim.
• The failure to abide any of the foregoing provisions, strictly construed, shall act as a complete bar to any recovery on the part of a shipper regardless of any allegation of willful, wanton, or reckless

9. Damage to residences, fixtures, or real
   • It is the responsibility of the shipper to provide adequate protection and preparation to all walls, doorways, doors, doorframes, handrails, walkways, floors, and ceilings prior to the scheduled There is inherent risk in the moving of furniture by individuals and the maneuvering of furniture necessary to accomplish this task. Carrier has no liability for damage to homes, residences, structures, buildings, or property of any kind, where adequate preparation and protection of such surfaces has not been provided by shipper. Shipper will hold carrier harmless from damage to residences due to negligence.
10. Tender of cargo and tender of payment
    • At the point of origin, any person with possession of the goods, or who permits the carrier access to the goods, has been officially appointed by the owner of said goods to execute any and all estimates, bills of lading, or related documents as may be required by Carrier. This includes designation by the shipper or owner of this individual in possession as agent for the purpose of declaration of value and accepting limitations of liability
    • Carrier’s liability for loss or damage is concurrent with and limited to its exclusive possession of said
    • Carrier will tender cargo to consignee at destination upon tender of payment in full of all outstanding moving charges included on the order for
    • Shipper must make payment prior to tender of cargo either in cash, via certified check/money order or with a credit card. A convenience fee will apply to all credit card
11. Jurisdiction/Venue/Choice of Law
    • Should suit become necessary to resolve any dispute between carrier and any other party to this bill of lading, including shipper, consignee, beneficial owner, or any other party with an interest in the household goods, exclusive venue for such suit shall lie in the courts of Orange County, Florida. The parties hereby certify that they are subject to the jurisdiction of the courts of Orange County, Florida, and that the law of the state of Florida shall be applied in any such Suit must be instituted within two years and one day from the date that carrier notifies the customer that their claim or any part thereof has been disallowed, denied, or is otherwise not payable in the amount sought.
12. Attorney’s fees/arbitration
    • Only in cases where carrier is forced to file suit in order to collect on unpaid transportation or accessorial charges shall either party be entitled to attorneys’ fees. In all suits based upon bounced checks, reversed credit card charges, or otherwise payment that was tendered and

revoked, customer shall be liable for all collection costs, litigation costs, attorney’s fees, pre-suit interest, and any and all other applicable penalties available at law.

13. Cancellation
    • Carrier has the right to cancel services ordered by a customer at its sole discretion subject to the complete refund of prepaid deposits. Customer deposits are fully refundable up to seventy-two hours before the scheduled If customer cancels an order within seventy-two hours of the scheduled move time, customer has forfeited its deposit. If the customer changes its order while the movers are on site, customer will forfeit the deposit and be liable for any standard hourly rate of the moving crew that exceeds the amount of the deposit.
14. Carrier lien/Auction of shipment
    • It is agreed that the carrier shall have a lien against any and all property tendered to it, and on the proceeds from the sale thereof for all charges provided herein, including without limitation claims for moneys, advanced storage, transportation, interest labor and all other charges or expenses in relation to said property or any part thereof, and also for court costs, reasonable attorney’s fees and other legal expenses incurred by the carrier as a result of any litigation in which the carrier may be involved in connection with the tendered goods as any and all other charges and expenses for notice and advertisement of sale of the property when default has been made also for all costs inclusion of court costs reasonable attorney fees in collection charges or enforcing this lien or caused for any controversy arising out of conflicting claims of ownership of any interpleaded action arising from the bailment of the goods or defending itself in the event the carrier is made a party to any litigation concerning the goods involved
    • If for any reason other than the fault of the carrier, delivery cannot be made at the address given as the destination of which carrier has been notified, carrier at its option, may transported and placed into storage with customer incurring and being responsible for all additional charges resulting therefrom. Articles contained in said shipment will be stored in a warehouse selected by carrier at the point of delivery or at other available points, solely based upon convenience of carrier, at the costs of owner of the goods, and subject to a lien for all accrued
    • All goods upon which the carrier has a lien, are subject to sale at public auction to satisfy any and all unpaid charges including interest herein above provided which charges are not paid when due plus the expenses including reasonable attorney fees, which maybe necessitated by said sale. The lien upon any and all property tendered with the carrier shall include unpaid charges and expenses pertaining to property previously tendered with the carrier regardless of whether said property has been delivered by the shipper. The parties agree that in any sale conducted to satisfy the carrier lien all property which is subject to the lien plus the cost of preserving the goods and conducting the sale shall be remitted by the The carrier may at its discretion bring suit for reimbursement pursuant to the foregoing provision without first foreclosing upon this lien. The carrier shall be presumed to have acted in good faith and in a reasonable and commercially acceptable manner when or if it seeks to enforce its lien pursuant to the approximate provisions of the state uniform commercial code and or relevant statutes.
15. Warehousemen’s lien
    • Any time goods are placed into storage for whatever cause, carrier’s lien shall be transformed into a warehouseman’s lien, covering all property deposited with it. All goods placed for storage are security for the payment of any and all moving and storage charges Storage charges accrue on the first day of each month in full for the full month. If storage charges remain unpaid for a thirty-day period at any point during storage, warehousemen’s lien may enforced as provided in Florida Statutes §§677.209-677.210.
16. No Third-Party Beneficiary

• Shipper and Carrier hereby expressly state that they are the only parties to this Agreement, and that neither party intends for any third party to specifically benefit from this

17. Non-Waiver
    • Failure of either party to insist upon performance of any of the terms, conditions or provisions of this Agreement, or to exercise any right or privilege herein, or the waiver of any breach of any of the terms, conditions or provisions of this Agreement, shall not be construed as thereafter waiving any such terms, conditions, provisions, rights or privileges, but the same shall continue and remain in full force and effect as if no forbearance or waiver had
18. Non-assignable
    • This Agreement shall not be assignable by either party, in whole or in part, without the written consent of the other party, which consent shall not be unreasonably
19. Separability/Severability
    • If any provision of this Agreement is held to be illegal, invalid or unenforceable under the present or future laws effected during the terms of this Agreement, such provision shall be fully severable from the remaining provisions of this Agreement, and it shall not affect the validity of the remaining provisions, which provisions shall be given full force and effect as if the illegal, unenforceable, or invalid provision had not been included in this In lieu of an illegal, unenforceable, or invalid provision, there shall be substituted a provision as similar in terms to the illegal, invalid, or unenforceable provision as may be possible and still be legal, valid and enforceable.
20. Entire Agreement
    • These terms and conditions, along with the prepared bills of lading, estimates, and orders for service, represent the entire understanding of the parties as to the provision of all moving, storage, and accessorial services between them. These documents supersede all prior and contemporaneous representations by any employee or agent of carrier. There can be no modification or these terms except in writing and duly executed by the carrier (through an officer of the company, and never through an employee or independent contractor) and