MOVING SERVICES AGREEMENT
This Moving Services Agreement (“Agreement”) is between Metropolitan Movers (“Company”) and the customer(s) (“Customer”) as specified in “Order Details”.
This Agreement is made and entered into on the date specified in “Order Details”.
The Company will perform manpower and/or moving services, including as specified “Order Details” (“Job”). The Company will perform services in accordance with standard industry practice and/or its reasonable business judgment. The services will be performed at the location(s) specified in “Order Details”.
Subject to any cancellation rights that the Customer may have pursuant to the Consumer Protection Act, if the Customer cancels the Job, the Customer agrees to pay the Truck/Manpower Fee as specified in “Order Details”, which is to be applied as a credit towards any future services provided by the Company to the Customer within next 6 (six) months following the Job cancelation.
The Customer is responsible for the following:
The Customer agrees to the following payment terms:
LIMITATION OF LIABILITY
The Customer agrees to limit the Company’s liability for damages, costs, and expenses, regardless of cause, so that the Company’s total liability shall not exceed the total amount paid for services under this Agreement up to $2000 CAD or $0.60/lb, whichever is lower.
In the event that wood floors are damaged, the company will repair or replace the local area damaged. The company will not resurface or refinish the entire floor and does not guarantee an exact match with any original pre-Services finish.
The company will not pay for any minor nicks or scratches or dents to flooring/handrails/doors/drywall or furniture that, in Company’s sole discretion, may be expected as part of completion of the Services. You expressly acknowledge and agree that minor dents or small nicks or scratches are typical of any move and cannot be prevented.
EXCLUSION OF LIABILITY
Any and all damage to any the following:
The Customer must notify the Company of any claims of damages within 3 calendar days following completion of the Job. If such notification is not affected, the Customer waives its right to exercise the remedies available to it under Section 11 of this Agreement.
The Customer may elect to purchase, at its own cost, insurance to cover any damage, loss, expense, liability, or cost for which the Company is exempt from liability, and/or excess insurance coverage.
In the event that the Company may be liable for any damage or loss to the Customer, the Company may, at its sole discretion, elect to repair the damage, or compensate for depreciated value, subject to Sections 7 and 8 (Limitation of Liability and Exclusion of Liability) of this Agreement. If the Customer accepts and receives such repair or compensation, the Customer waives any and all claims for damages, loss, expenses, and costs.
The Customer shall indemnify and hold harmless the Company against any and all claim, damage, loss, liability, and costs, including reasonable legal fees, of defending any third party claim arising out of or in connection with this Agreement. The Customer shall indemnify and hold harmless the Company for any and all damage or loss, including lost profits, due to the Customer’s failure to provide suitable facilities, including the provision of clear driveways, roads, and paths leading from and to the origin and destination addresses and such further or other facilities as may be required. The Customer shall indemnify and hold harmless the Company for any and all charges occasioned, including liens, levies, and assessments, regulatory or by-law infractions and any other penalty associated with the Company performing services for the Customer under this Agreement.
ASSIGNABILITY AND SUBCONTRACTING
The Company may assign or subcontract any of its rights and obligations resulting from this Agreement, either partially or in their entirety, without the prior written consent of the Customer.
Any failure of the Company to insist, in any one or more instances, upon strict performance of any of the terms of this Agreement, or failure or delay in exercising any right or remedy hereunder, shall not operate as a continuing waiver of any of its rights or remedies exercisable under this Agreement.
Any specific right or remedy provided in this Agreement will be cumulative with, and not exclusive of, any and all other rights or remedies that would otherwise be available to such party, whether contained in this Agreement or at law. Any exercise by a party to this Agreement of any right or remedy will not preclude the later or concurrent exercise by it of any or all other rights or remedies.
JOINT AND SEVERAL LIABILITY
If more than one Customer is party to this Agreement, each agrees to be jointly and severally liable for all obligations under this Agreement.
All notices and other communications under this Agreement shall be in writing and shall be delivered to the recipient’s mailing address or email address as appearing in “Order Details”. Notices must be delivered via either personal delivery, email, or by certified or registered mail with signature and delivery confirmation requested. The date that notice shall be deemed to have been made shall be the date of the delivery when delivered personally or via email, or the date set forth on the delivery confirmation if sent by certified or registered mail.
SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their permitted successors and assigns.
GOVERNING LAW AND JURISDICTION
This Agreement is to be governed by, construed under, and interpreted exclusively in accordance with the laws of the Province of Ontario. The parties hereby agree to irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario.
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
This Agreement shall be deemed severable, and the invalidity or unenforceability of any part or provision hereof shall not affect the validity or enforceability of this Agreement or of any other part or provision thereof.
This Agreement may be amended or modified only with consent of both parties, and shall be enforceable only if they are in writing and are signed by authorized representatives of both parties.
The Schedules to this Agreement are hereby incorporated by reference into and shall constitute a part of this Agreement as if fully set forth herein.
The terms of this Agreement, including any Schedule hereto, shall take precedence over any trading conditions, standard terms and conditions, or forms issued by either party in the course of performing services under this Agreement, and this Agreement shall govern in the event of a conflict. In the event of any conflict between this Agreement and any Schedule hereto, the terms of this Agreement shall take precedence.
This Agreement, including any Schedule hereto, constitutes the entire agreement between the parties relating to the matters contained herein, and supersedes all prior negotiations, arrangements, agreements, and understandings, either oral or written.
Unless specified otherwise, all statements or references to amounts in this Agreement are to the lawful money of Canada.
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