The terms in the contract therein are defined as follows:
“Shipper” – The party who orders the services of Elite GTA Movers.
“Carrier” – Elite GTA Movers, including all its agents.
“Subcontracting Carrier” – Moving company, other than Elite GTA Movers, which executes a moving job for a Shipper on behalf of Elite GTA Movers
“Crew Manager” – the head of the moving crew who acts on behalf of the carrier and who is authorized to lead negotiations with the shipper during the move.
“Agent” – Any employee of Elite GTA Movers.
The shipper shall pay the carrier or the carrier’s crew manager fees based on the rates as outlined in the estimate provided to the shipper by the carrier, as well as on actual work time. The total fee will be determined by the crew manager and shall include payment for the following components:
Hourly Rate – determined by (1) the number of hours the moving crew spent on the job from the time of arrival until the time of completion of unloading, (2) the number of crew member, and (3) The size of the truck additional charges – as specified in section 3. Service Fee- 3% – In case where the shipper pays the total moving fees with a credit card (Visa, MasterCard, or AmEx)
The shipper shall deliver the total payment for the move to the crew manager prior to unloading the shipment at the destination. Payment total is indicated by the crew manager. The total fee incorporates charges for actual work time until the time of payment as well and fee for unloading as estimated by the crew manager. Should the fees paid by the shipper to the crew manager differ from the actual fees that are calculated based on actual unloading time, the crew manager and the shipper shall adjust the balance at the end of the move.
Should the shipper refuse to make the payment as requested by the crew manager prior to unloading, the crew manager and the carrier reserve the right to suspend the shipper’s articles and to store them in a secure storage location at the expense of the shipper until the reconciliation of payment. Any time spent by the moving crew on disputing the moving charges is counted towards the actual moving time fees.
In accordance with the Labor Laws of Ontario with regards to Workers’ Safety, additional charges may be applied to the total fee pf the move under certain circumstances where additional mover(s) may be required. The total of the additional charges shall be determined by the crew manager and paid in full by the shipper to the crew manager as specified in Section 1. Such instances include nut are not limited to:
i. Shipper’s articles are in or shall be moved into a space on a second floor or higher in a building without elevator service.
ii. Shipper requests moving large and heavy articles through narrow corridors (e.g., moving a 40” TV from/to a basement).
iii. If shipper’s items are too large to be moved into/out through the entrance door and need to be moved into/out through the balcony, basement or the backyard entrance using ropes and special moving equipment.
iv. If the shipper’s articles include refrigerators, stoves, dish washers, washing machines, heavy exercise equipment, and other heavy items (over 180LB)
Should the shipper refuse to pay the additional fees as indicated by the crew manager, the manager and the carrier’s agents reserve the right to refuse to move articles which require additional payment in order to be moved.
The shipper has the right to refuse to pay the additional fees and to cancel the contract for the move. In such a case, the shipper is responsible for a flat fee of $60 as a cancellation fee.
Determination of Fees
If the moving crew works for 30 minutes or longer, the shipper is responsible for fees for a full moving hour. If the moving crew works for less than 30 minutes, the shipper is responsible for fees for 30 (thirty) minutes.
Liability of the Carrier
The carrier of the goods herein described is liable for any loss or damage of goods accepted by him or his agents, except as herein provided.
Liability of Originating and Delivering Carriers
The carrier reserves the right to transfer the shipment job to a subcontracting carrier without notifying the shipper. In the case of a job-transfer, the subcontracting carrier becomes liable for the shipper’s articles, as outlined in the terms and conditions of the subcontracting carrier.
Exception from Liability
The carrier shall not be liable for:
Loss or damage or delay to any of goods described in the Bill of Lading caused by an act of God, the Queen’s or public enemies , riots, strikes, a defect or inherent vice in the goods, the act or default of the shipper, authority of law or quarantine
Other than because of his, his agents’ negligence:
Damage to fragile articles that are not packed and unpacked by the contracting carrier or his agents
Damage to the mechanical, electronic or other operations of radios, phonographs, clocks, appliances, musical instruments and other equipment, irrespective of who packed or unpacked such articles, unless servicing and preparation was performed by the contracting carrier or his agents
Deterioration of or damage to perishable food, plants or pets
Loss of contents of shipper, packed articles, unless the shipper requested an inventory count from the carrier to be performed during the move.
Burden of proving absence of such negligence shall be on the carrier:
Damage to or loss of a complete set or unit when only part of such set is damaged or lost, in whichever event the carrier shall only liable for repair or recovering the lost or damaged pieces, in case inventory count was requested.
Damage to the goods at place or places of pick-up at which the shipper or his agents are not in attendance
Damage to the goods at place or places of delivery at which the shipper or his agents are not in attendance and cannot give receipt for goods delivered.
Risky Tasks: Elite GTA Movers will not be responsible for damage caused by non-routine moving, including but not limited to, standing pieces on end; sharp turns; over-crowded work areas; difficult stairways; snags and sharp edges in work areas and doorway; handing over balconies, railings, etc.; tight squeezes; and damage caused by weather.
Unavoidable Damages: Damages incurred due to the size of the item compared to the size of a hall, doorway, stairs, and elevators, or similar. Movers will attempt to get the item in if you desire, but damages may result. If you want the crew to stop, tell them. If movers are moving an item and there is a snag on a door frame, stairwell, or other structure that nicks or tears an item, we will not cover the damages.
Absent Customers: We encourage our customers to be with us throughout the entire move. If for some reason you are not able to be there for your move, or if you need to leave in the middle of the move, we need you to sign a release accepting all of the items in the condition that we bring them to you. We will not be responsible for any missing or damaged items. We will not be responsible for any of your items that were not moved.
In the case where the shipper did not pre-arrange for a Secure Move (which includes paying a deposit to the carrier in advance), the carrier is not liable for delays in the arrival of the moving crew; the carrier reserves the right to delay the moving job by up to 24 hours.
The carrier is not liable for any financial loss suffered by the shipper as a result of the delay of the move.
In the case where the delay requires an overnight storage of the shipper’s articles, the shipper is responsible for the overnight storage fees as well as for 50% of the regular rate for travel time for the additional travel time that ensues as a result of the delay. The shipper is responsible for full fees for the actual unloading time on the following day.
Routing by the Carrier
In case of physical necessity where the carrier forwards the goods by conveyance that is not a licenced for hire vehicle, the liability of the carrier is same as though the entire carriage were licenced for hire.