Terms and ConditionsAndrew2021-01-23T01:38:34+00:00
Terms and Conditions
By signing the document below you are agreeing that you have been made aware of the charges and terms and conditions provided within. Upon booking you will have 72-hours to cancel your move. After 72-hours your deposit is non-refundable unless a manager approves otherwise. There will be a cancellation fee of 15% due to the cost of processing your credit card and arranging your schedule. Please note that WE ARE A BROKER NOT A CARRIER and will be providing you with the services to coordinate your move. Thank you for choosing All Pro Moving Group!
The provisions of this agreement, including the terms and conditions contained herein, represent the entire understanding and agreement between ALL PRO MOVING GROUP, (hereafter ALL PRO MOVING GROUP and customer with respect to the subject matter hereof and supersedes all other negotiations, understandings, and representations, (if any) made between such parties. This includes any representations made by the estimator. In the event of a conflict between the terms of any estimate and the bill of lading, the terms of the bill of lading shall control. This agreement may not be amended, supplemented, or waived orally. Any changes must be in writing and signed by both ALL PRO MOVING GROUP and the customer. Nothing in this agreement, whether expressed or implied, is intended to confer any rights or remedies on any person, other than the parties hereto, and their respective legal representatives. Nothing in this agreement is intended to relieve or discharge the obligation or liability, of any third person to any party to this agreement or give any third person any right of subjugation or action, over or against any party to this agreement.
The customer has hired ALL PRO MOVING GROUP as a moving coordinator/shipping agent/broker. At its sole discretion, ALL PRO MOVING GROUP may contract with outside carriers to service the customer’s needs. The customer agrees that in the event of a loss resulting in damaged or lost goods, delays in pickup and delivery, the actions or inactions of estimators, drivers, packers, and/or movers, or other losses would be indemnified by the moving carrier and not the moving broker. Accordingly, the customer agrees to pursue rectification of all claims through the moving carrier. Detailed instructions on how to file a claim will be provided to the customer by the moving carrier. The customer has been advised that losses are indemnified at a rate of the lesser of (A) The amount of the actual loss, (B) An amount equal to sixty cents per pound of the lost or damaged property, (C) The lump sum declared value.
As a properly licensed, interstate moving coordinator/shipper/agent/broker. ALL PRO MOVING GROUP does not guarantee any pick-up or delivery dates, under any circumstances ALL PRO MOVING GROUP agrees to facilitate a carrier to move your household items as promptly as possible, and in accordance with the information provided, regarding your items moving from origin to destination. Due to situations beyond our control, such as, but not limited to, inclement weather, mechanical breakdowns, road construction, remote pickup or drop off locations, difficult or limited lanes of travel, etc., there are no guaranteed pick up or delivery dates and/or times. The customer will be subject to all applicable laws, and the general terms and conditions of the carrier, which shall include without limitation; a requirement that payment for charges, in full, must be paid before the unloading of goods in accordance with the carrier’s lawful lien on the property.
As the customer, I agree to pay the total for the moving coordination services, provided by ALL PRO MOVING GROUP I understand and agree that my deposit/fee only represents a portion of my total estimated charges. My deposit is not refundable after placing my reservation for scheduling and routing purposes. Any service cancellation made within 72 HOURS of booking services, will be subject to losing 15% of the paid deposit. In order for the billing department to review a customer’s file and cancellation, an email must be sent to the billing department at Admin@AllProMovingGroup.com, explaining the cancellation request. Pick-up date changes or requests to place a move on hold must be submitted at least 7 business days prior to the pack and/or load date, or the customer will be subject to pay a minimum of a $500.00 rescheduling fee. The customer is agreeing that they are only entitled to receive a credit of their deposit for a future interstate move, which must be used within 12 months of the original reservation date. All deposits will show as ALL PRO MOVING GROUP, on the customer’s billing cycle.
The terms and provisions of this contract, whether expressed or not expressed, shall not be binding upon; injure to the benefit, and be enforceable by the parties and their respective administrators, executors, legal representatives, heirs, successors, or permitted assigns. The customer shall indemnify and hold harmless ALL PRO MOVING GROUP, and its shareholders, directors, officers, employees, agents and affiliates, from or against, any and all actions, claims, suits, liabilities, proceedings, penalties, fines, costs, and expenses. This is including all reasonable attorney’s fees relating directly or indirectly, from any breach of this agreement on the customer’s behalf.
This is a mandatory agreement by both parties, that this agreement shall be governed by the internal laws of the state of Florida, without regard to the principles of conflicts of law. Any dispute arising out of or relating to this agreement shall be brought to the courts, or record of the state of Florida, in Palm Beach County, or the court of the United States, Southern District of Florida, in Palm Beach County. If any party does not have a registered agent to accept service of process in Florida or is not otherwise subject to service after reasonable attempts, then such party agrees to accept service of process by US mail. In the event that controversy arise under or relating to the interpretation or implementation of this agreement, or any breach thereof, ALL PRO MOVING GROUP shall be entitled to recover all of its court costs, collection fees, expenses, and reasonable attorney fees. This includes, without limitation, all pre-trial, and appellate proceedings. In addition to any other. In the event that ALL PRO MOVING GROUP pursues the collection of any amounts under this agreement, ALL PRO MOVING GROUP may recover the full tariff rate on all goods, and services provided as well as all other remedies available to it at law.
All pick-up, load, and/or delivery dates are only estimates. ALL PRO MOVING GROUP is not responsible for loss or damage incurred by unavoidable delays. ALL PRO MOVING GROUP will act on the behalf of the customer in resolving any claims, or delay issues, with the carrier. There are absolutely NO GUARANTEES made, expressed, or implied regarding pack, load, and/or delivery dates.
The Motor Carrier Neutral Arbitration Program: The Motor Carrier’s Neutral Arbitration Program has been designed to give neither party any special advantage. If a dispute arises between the carrier and the shipper, arbitration may be a mutually beneficial alternative to help resolve the dispute. Section 49 U.S.C., Sections 375 211, provides information that a mover must have a program in place to provide shippers with an arbitration alternative. Arbitration is optional, and not required under federal law. Summary of the arbitration process: Arbitration is an alternative to courtroom litigation. It provides each party to the dispute, to present their case and allow a neutral, third-party arbitrator to make decisions as to the merit of each side’s case. Arbitration subject to this agreement, shall be conducted via written submission and subject to the arbitrator’s discretion, through telephonic appearance. After the initial filing fees have been paid, and the arbitrator selected, the initiating party or (claimant) must submit a brief, written summary of their legal position. Actual claims, all supporting documentation must be included with the initial arbitration brief. Copies of all documents must be submitted to all parties involved in the arbitration. Upon receipt of the claimant’s arbitration brief and supporting documents, the responding party or (respondent), will have 30 days to file their responsive arbitration brief. Further deadlines and the timetables are subject to the arbitrator’s discretion. Legal effects: if the arbitration alternative is chosen, then any decision made by the arbitrator may be binding. Additionally, an arbitration decision may not be appealed in a court of law. All parties agree that the arbitrator’s decision will be based exclusively on the governing United States federal law, without regard to conflicting state laws or regulations. Each party is responsible for their own cost associated with arbitration. A benefit to arbitration may be that it is less expensive than traditional litigation. Each party is responsible for 50% of the cost associated with securing the arbitrator and 100% of their own expenses, including attorney fee.
Upon booking, a deposit is required to be paid by credit card (Visa, MasterCard, Discover). Upon pick-up, the carrier may collect up to 70%, if a customer is going into 30 days of storage, or longer. The carrier’s payment will be due in the form of cash, certified check, or postal money order. The remaining balance must be paid in full upon delivery. The carrier reserves the right to collect up to 70% of the balance due, prior to leaving the origin state. Subject to federal law, payment in full of all charges is required before delivery, and prior to unloading. The customer understands and agrees to the terms that should the customer fail to execute or return his agreement, by allowing a carrier designated by ALL PRO MOVING GROUP to pick up the customer’s belongings, the customer agrees and consents to the terms and conditions in this agreement. The customer hereby knowingly, voluntarily, and intentionally, waives the right to trial by jury in respect of any litigation, based here on, or arising out of the origin connection with the goods and services obtained hereunder. This also includes the move itself, or any course of conduct, course of dealing, statements, (verbal or written), or actions of ALL PRO MOVING GROUP, or the mover. The customer acknowledges that the waiver constitutes a material inducement to ALL PRO MOVING GROUP to enter into this agreement. ALL PRO MOVING GROUP that the customer must first attempt to resolve all disputes in writing directly with ALL PRO MOVING GROUP. This must be done prior to the customer initializing a dispute or reversal with their issuing credit card company. The customer must provide a written description showing any and all breaches of the contract by email to Admin@AllProMovingGroup.com. The customer agrees and understands that failure to provide written documentation explaining the discrepancy will result in the forfeiture of the customer’s deposit.
As the customer, I understand that a service refusal or denial of service either verbally, in person, or over the phone, will be treated as a late cancellation outside of the company’s set cancellation window. I understand that refusing or denying services will result in a forfeiture of my deposit. As the customer, I understand that claiming, services not rendered requires a written statement explaining in detail, ALL PRO MOVING GROUP failure to service the job. This completed statement must be emailed to Admin@AllProMovingGroup.com. I understand that a cancellation made within 7 business days of the scheduled pick-up date, will also be treated as a late cancellation and result in a forfeiture of the deposit, as a carrier has already been assigned and dispatched. As the customer, I understand that if I book my move within 7 business days of the scheduled pick-up date, the 72-hour cancellation window will be null and void.
The customer understands that ALL PRO MOVING GROUP will not be required to provide proof of a service denial. This is the customer’s responsibility. As the customer, I agree to the applicable terms and conditions, in reference to pick-up and delivery dates, (section 9). I agree that ALL PRO MOVING GROUP does not have the ability to obtain signed documentation verifying a service refusal. I agree that ALL PRO MOVING GROUP will not be required to provide proof of service in the case of a service denial or refusal of service. ALL PRO MOVING GROUP, reserves the right to retain the deposit of the customer who verbally refuses or denies services without written documentation.
As the customer, I agree to address my concerns professionally with my moving coordinator from ALL PRO MOVING GROUP directly. I agree that I will not express my concerns or experiences with ALL PRO MOVING GROUP, in such a manner that may damage the company’s upstanding name or reputation. Any attempt at decimating the company’s character, will result in a forfeiture of the deposit, and an immediate denouncement of any claims made against ALL PRO MOVING GROUP. I understand that I may express my opinion and experiences publicly, after I have given ALL PRO MOVING GROUP sufficient time to address concerns. Any false claims or misconstrued information offered to the public while these claims are being reviewed, will result in the forfeiture of those claims and/or refunds.
As the customer, in signing this agreement I agree that ALL PRO MOVING GROUP has provided a dated copy of the estimate and charges at the time of booking. ALL PRO MOVING GROUP has provided the correct payment methods and all costs, charges, and balances are clearly shown on this estimate. The charges represented on this estimate are for the services and efficient inventory allocation and resources. ALL PRO MOVING GROUP sales representative, has verbally confirmed their role as a moving broker and coordinator. I have also been informed and accepted the terms of cancellation. In canceling this reservation, I will not be eligible for a refund of my deposit, outside of my cancellation window.