On the date of the scheduled move the Parties to this Agreement, the Customer (“Customer”) and Hobbs Moving Company (also advertised as “Hobbs Moving”) hereby agree that Hobbs Moving will provide moving services to the Customer in accordance with the terms set forth below:
1. SERVICES. Customer hires Hobbs Moving to provide moving services in accordance with these terms:
A. Location – Hobbs Moving will transport Customer’s possessions, furniture, appliances and goods (herein “property”) from the Customer’s specified starting location to the specified destination address.
B. Timing – Hobbs Moving will begin rendering services at the time scheduled (Time) on the date scheduled (Date) and will complete services upon the request of the Customer, for no less than 3 hours in total.
C. Services – Hobbs Moving will load all Customer’s possessions from Customer’s current address into a vehicle, will drive that vehicle to Customer’s destination address, and will unload all Customer’s possessions at their destination address. The following services and restrictions will apply:
i. All furniture must be emptied prior to the movers arriving. The only exception will be clothing left in dressers.
ii. If Hobbs Moving is only loading a truck or POD that the Customer already has in their possession, the Customer must provide the necessary padding and tie downs.
iii. The Customer must be ready for their move to begin when the movers arrive. Billable time will commence upon the mover’s arrival to the start address. Hobbs Moving cannot predict, nor can be held responsible, or liable for a late arrival as a result of weather, traffic, mechanical failure, or other factors outside of the company’s control.
iv. Customer is obligated to have completed packing Customer’s property into appropriate boxes and other containers before the movers’ arrival. For the benefit of the Customer, Hobbs Moving will disassemble and reassemble furniture as is appropriate.
v. Hobbs Moving will unload Customer’s property into specific rooms at Customer’s direction.
vi. Hobbs Moving will use the agreed upon number of employees during the loading and unloading phases.
2. PAYMENT. Customer agrees to pay Hobbs Moving in accordance with the following terms:
A. Hourly Rate – Customer will pay Hobbs Moving the hourly rate as specified per hour during the packing, loading and unloading phases. Customer will pay Hobbs Moving for driving time. Hobbs Moving employees will take breaks in unison. Customer will not pay the hourly rate during breaks taken by Hobbs Moving employees. The hourly rate applies to all employees at once and not to each individual employee.
B. Flat Rate – Based on the service locations of the subject work order, Customer shall pay a Flat Rate plus HST on top of the total cost of this moving task.
C. Other Costs
i. Customer will not pay per mile.
ii. Customer will not pay for fuel costs.
D. Maximum Price – there is no maximum price limit no matter the amount Hobbs Moving might earn under the terms of this Agreement.
E. Time of Payment – Customer will pay the balance immediately upon Hobbs Moving completing services and supplying Customer with a bill for services.
3. RESCHEDULE. Customers are allowed to reschedule their moving date a minimum of 5 days prior to the Original Moving Date as estimated. The Reschedule Moving Date must be within 3 months of the Original Moving Date and is subject to availability. Customer shall call 416-455-4011, or email email@example.com
4. NO ADDITIONAL COSTS. Hobbs Moving hereby agrees that it understands the requirements and intricacies of Customer’s move and that it will not charge Customer for any additional costs or for any services not described in this Agreement.
5. REGISTRATION AND INSURANCE. Hobbs Moving hereby asserts that it is properly registered and insured under applicable provincial and federal laws.
A. Insurance – Hobbs Moving will personally insure customers’ property for any damage caused during moving services if the damage was solely caused by Hobbs Moving or a third party. The covered value is up to $50,000 CAD.
6. DAMAGES IN EVENT OF BREACH OF CONTRACT OR NEGLIGENCE.
A. The Customer hereby designates Hobbs Moving to act as their agent to accomplish the preceding described move using the movers’ best judgment at the discretion of the Customer. Hobbs Moving reserves the right to refuse to move any items that they feel are unmovable. The Customer agrees to protect, defend and hold company harmless for damages or legal consequences resulting from acts that the movers perform at the directions of the Customer.
B. Both parties expressly disclaim and exclude liability for wear from normal used adjustments, consumable items, loss of revenue, damage from road hazards and accidents, fire and acts of God including, but not limited to rain, wind, flood, hail, sun and damage caused by improper packing.
C. Movers will not be responsible or held liable for protecting the customer’s flooring from dirt or debris. Movers are not responsible for items left inside of furniture. Movers are not responsible or assume any liability for items that are loaded into the Customer’s truck or container.
D. The movers hereby accept the responsibility for accidental damage and the loss of the Customer as follows: both parties hereby designate an agreed value of $0.60 per pound per article unless arrangements for purchasing additional insurance at an additional charge to the Customer is made prior to the move.
E. Hobbs Moving will not be held liable for damage to the following:
i. Assembled particleboard furniture that has not been fully disassembled.
ii. Unprotected Glass that has not been wrapped properly.
iii. Standing Pole Lamps that have not been disassembled and packed securely in a sealed box.
iv. Owner packed containers unless there is clear visible damage to the exterior of the container is noted at time of delivery. It must be definitively due to transport and not due to poorly packed items within an owner packed box.
v. Tarpaulins and wrapping materials.
vi. Patterns, templates, blueprints, accounts, bills, currency, evidences of debt, securities, money, bullion, notes, jewelry, paintings, statuary, stamps, bank notes, legal papers, photographs, works of art, articles of virtue, or other extremely valuable items of like kind.
vii. Animals except against accident causing death or rendering death necessary;
viii. Shipments carried gratuitously or as an accommodation;
ix. Freight charges, except charges earned prior to the acceptance of the shipment insured hereunder and for which Hobbs Moving is legally liable;
x. Breakage of eggs unless directly caused by collision, upset or overturn of the transporting “vehicle” and then only if the loss amounts to 50% of the value of the shipping package (each package to be considered as separately insured) but the insurer shall in no event be liable for such loss in excess of 25% of the amount insured hereunder on the contents of the “vehicle” involved;
xi. Property illegally acquired, kept, stored or transported; property seized or confiscated for breach of any law or by order of any public authority;
xii. Shipment(s) while in the custody of any other carrier if Hobbs Moving’s rights of subrogation against such other carrier have been waived or made unenforceable.
xiii. Automobiles, watercraft, amphibious or air cushion vehicles, aircraft, spacecraft, trailers, motors or other accessories attached to or mounted on such property.
F. Claims for damage not made within (30) calendar days in writing to firstname.lastname@example.org are NULL & VOID.
A. Dispute Resolution – In the event of breach or a dispute that cannot be resolved without third party intervention, the Parties agree to resolve their dispute in arbitration.
B. Choice of Law – In the event of a dispute where federal law does not apply, the Parties agree that Ontario provincial law will apply. The Parties agree to resolve any dispute in Toronto, Ontario.
C. Entire Agreement – This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made by any party to this Agreement or any third party on or before the effective date of this Agreement will be binding on the parties.
D. Modification – This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them or an oral agreement only to the extent that the parties carry it out.
E. Severability – If any portion of this agreement is held invalid then all other portions shall remain in full force as a total agreement. Any warranties, agreements or claims made verbally are excluded and this agreement supersedes all other agreements and represents the total agreement between the two parties.
F. Legal Fees – In the event a dispute involving this Agreement is resolved in a third party judicial proceeding, including arbitration, the prevailing party will have a right to be reimbursed its attorney’s fees and costs for enforcing its rights under this Agreement.
G. Interest – In the event a dispute involving an unpaid amount under this Agreement is resolved in a third party judicial proceeding, including arbitration, the prevailing party is entitled to annual interest of 3% per month starting on the date the amount unpaid became due.
SIGNED & DATED
By the Customer providing a deposit, the Parties have read and understood the foregoing terms and agree to them. If more than one Customer for a single job is privy to the agreement, each agrees to be jointly and severally liable for all obligations under this agreement.
Hobbs Moving Company
Sole Proprietorship Registered in Ontario, Canada