1.  By signing below, you, as a customer, are agreeing that you have been made aware of any charges you will or may be responsible for and the terms and conditions of the services provided by FIRST RATE MOVERS (“FIRST RATE MOVERS” or “our” “us”, or “we”). Upon booking you will have 72 hours to cancel our services without forfeiting your entire deposit. Any service cancellation made within 72 hours of booking services shall be subject to a cancellation fee of 15% due to the cost of processing your credit card and arranging your schedule. After the 72-hour window has expired, your deposit shall be non-refundable. For the billing department to review a customer’s file and cancellation, an email must be sent to the billing department at Info@thefirstratemovers.com explaining the cancellation request. Please note that WE ARE A BROKER and will be providing you with the services to coordinate your move. Thank you for choosing First Rate Movers!

 

2.  The terms and conditions contained herein represent the entire understanding and agreement between FIRST RATE MOVERS and you with respect to the subject matter hereof and supersedes all other negotiations, understandings, and representations (if any) made between you and FIRST RATE MOVERS, including any representations made by our 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 FIRST RATE MOVERS and you, 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.  

3.  You, as the customer, have hired FIRST RATE MOVERS as a moving coordinator/shipping agent/broker. At its sole and absolute discretion FIRST RATE MOVERS may contract with outside moving carriers to service your needs. In the event we appoint a third-party moving carrier to provide moving services on your behalf, you agree in the event you suffer any loss as a result of damaged or lost goods, delays in pickup and delivery, the actions or inactions of estimators, drivers, packers, and/or movers, or other losses shall be indemnified by the moving carrier and not by us, the moving coordinator/broker. Accordingly, you agree to pursue rectification of any and all claims through the appointed moving carrier, and not through FIRST RATE MOVERS Detailed instructions on how to file a claim will be provided to you by the moving carrier. You have been advised that losses are indemnified at a rate of the lesser of (A) the amount of the actual loss, or (B) an amount equal to sixty cents per pound of the lost or damaged property.  

 

4.  As a properly licensed, interstate moving coordinator/shipper/agent/broker, FIRST RATE MOVERS does not guarantee any pick-up or delivery dates, under any circumstances. FIRST RATE MOVERS agrees to facilitate a moving carrier to move your household items as promptly as possible, and in accordance with the information provided by you regarding your items, moving from origin to the appointed destination. Due to situations beyond our control, including, but not limited to, inclement weather, mechanical breakdowns, road construction, remote pickup or drop off locations, difficult or limited lanes of travel, we cannot guarantee any specific pick up or delivery dates and/or times. You will be subject to all applicable laws, and the general terms and conditions of the moving carrier, including, 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.    

5.  As the customer, you agree to pay the total deposit amount due for the moving coordination services to FIRST RATE MOVERS. You understand and agree that your deposit for the services to be performed only represents a portion of your total estimated charges for scheduling and routing purposes. Pick-up date changes, or requests to place a move on hold, must be submitted to our billing department at the email address identified above at least 7 business days prior to the pack and/or load date, or you will be subject to the payment of a rescheduling fee in the amount of $500.00. You agree you are only entitled to receive a credit in the amount of the deposit provided to us towards the total amount due for the moving services for a future interstate move, which must be used within 12 months of the original reservation date. All deposits will show as FIRST RATE MOVERS, on your billing cycle. By signing this agreement, you are acknowledging you will not charge back any credit card payment, for any reason.  

6.  You have elected a “binding” estimate. The total cost of the moving services will not exceed the estimated amount; provided, however that you have provided FIRST RATE MOVERS with an accurate description of the items listed on the inventory to be moved and a correct list of additional services needed.  You have requested to have an estimate provided for your household goods, in accordance with 49 CFR 371.113(c)(1). You agree to waive a physical survey of the household goods, and alternatively agree to receive a binding estimate based upon the provided item inventory list of all property to be transported. If any additional items/cubic feet, packing services, or labor are added at the origin or destination, you shall be charged for these services at the governing tariff rates. You understand that FIRST RATE MOVERS has a 286 cubic ft minimum on all shipments. Any shipment below 286 cubic ft, will be charged at the 286 cubic ft rate. The price includes all fuel surcharges, tolls, item load and unload, basic disassembly, and reassembly of standard furniture items. It also includes, up to a 75-foot-long carry at origin and destination, and one flight of stairs (up to 21 steps). Elaborate furniture items that must be disassembled and/or reassembled, may require a third-party service or additional labor, and should be disclosed to your estimator and included on the estimate. The disconnecting and reconnecting of appliances is not included in the price. Reassembly is subject to the availability of tools, and parties being available to connect. The packing and unpacking of boxes are only included in the estimated price if they are itemized in the packing/unpacking section of the estimate. All materials for labor of undisclosed items will be extra.

 

7.  Your agreement to these terms and conditions is mandatory prior to receiving services from and/or through FIRST RATE MOVERS. Further, 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 any dispute should arise under or relating to the interpretation or implementation of this agreement, or any breach thereof, FIRST RATE MOVERS shall be entitled to recover all its court costs, collection fees, expenses, and reasonable attorney fees, including, without limitation, all pre-trial, and appellate proceedings. In the event FIRST RATE MOVERS pursues the collection of any amounts under this agreement, FIRST RATE MOVERS may recover the full tariff rate on all goods, and services provided as well as all other remedies available to it at law. The customer shall indemnify and hold harmless FIRST RATE MOVERS, 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.

 

8.  All pick-up, load, and/or delivery dates, are only estimates. FIRST RATE MOVERS is not responsible for loss or damage incurred by unavoidable delays. FIRST RATE MOVERS will assist, 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.

9.  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 sides 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 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 fees.

 

10.  Upon booking, the deposit is required to be paid by credit card (Visa, MasterCard, Discover) or ACH bank draft. Upon pick-up, the carrier may collect up to 70% if your items are going into storage for 30 days 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 charged is required before delivery, and prior to unloading. You understand and agree to the terms that should you fail to execute or return this agreement, by allowing a carrier designated by FIRST RATE MOVERS to pick up your belongings, the customer agrees and consents to the terms and conditions in this agreement. You hereby knowingly, voluntarily, and intentionally, waive the right to trial by jury in respect of any litigation, based heron, or arising out of the origin connection with the goods and services obtained hereunder, which shall include the move itself, or any course of conduct, course of dealing, statements, (verbal or written), or actions of FIRST RATE MOVERS, or the mover. You acknowledge this waiver constitutes a material inducement to FIRST RATE MOVERS to enter into this agreement. FIRST RATE MOVERS requires that the customer must first attempt to resolve all disputes in writing directly with FIRST RATE MOVERS, which must be done prior to you initiating a dispute or reversal with their issuing credit card company. You must provide a written description showing any, and all breaches of the contract by email to Info@thefirstratemovers.com. You agree and understand that failure to provide written documentation explaining the discrepancy will result in the forfeiture of the customer’s deposit. 

11.   The customer understands that FIRST RATE MOVERS 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. I agree that FIRST RATE MOVERS, does not have the ability to obtain signed documentation verifying a service refusal. I agree that FIRST RATE MOVERS will not be required to provide proof of service in the case of a service denial or refusal of service. FIRST RATE MOVERS reserves the right to retain the deposit of the customer who verbally refuses or denies services without written documentation.

12.  As the customer, you 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. You understand that refusing or denying services, will result in a forfeiture of your deposit. As the customer, you understand that claiming, “services not rendered”, requires a written statement, explaining in detail, FIRST RATE MOVERS failure to service the job. This completed statement must be emailed to Info@thefirstratemovers.com. You 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 may have already been assigned and dispatched. As the customer, you understand that if you book your move within 7 business days of the scheduled pick-up date, the deposit will be non-refundable, unless a manager approves otherwise, as the 72-hour cancellation window will be null and void.

13.  As the customer, you agree to address your concerns professionally with your moving coordinator from FIRST RATE MOVERS directly. You agree that you will not express your concerns or experiences with FIRST RATE MOVERS, 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 FIRST RATE MOVERS. You understand that you may express your opinion and experiences publicly, after you have given FIRST RATE MOVERS 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. 

 

14.  As the customer, in signing this agreement, you agree that FIRST RATE MOVERS has provided a dated copy of the estimate and charges, at the time of booking. FIRST RATE MOVERS has provided the correct payment methods, and all costs, charges, and balances are clearly shown on this estimate. The charges are for services and inventory represented on this estimate. FIRST RATE MOVERS sales representative has verbally confirmed their role, as a moving broker and coordinator. You have also been informed and accepted the terms of cancellation. In canceling this reservation, you will not be eligible for a refund of your deposit, outside of your cancellation window. 

15.  If a moving company loses or damages your goods, there are 2 different standards for the company’s liability based on the types of rates you pay.  By federal law, this form must contain a filled-in estimate of the cost of a move for which the moving company is liable for the full (replacement) value of your goods in the event of loss of, or damage to, the goods.  This form may also contain an estimate of the cost of a move in which the moving company is liable for far less than the replacement value of your goods, typically at a lower cost to you.  You will select the liability level later, on the bill of lading (contract) for your move.  Before selecting a liability level, please read “Your Rights and Responsibilities When You Move”, and Ready to Move Brochure provided by the moving company and seek further information at the government website www.protectyourmove.gov.