CUSTOMER AGREEMENT
THIS AGREEMENT, effective as of ……. [DATE], is made and entered into by and between …… [CUSTOMER’S NAME], of …… [ADDRESS] (hereinafter the “Customer”), and DIMENSION 43 LLC, a company, with a registered address located at …… [ADDRESS] (hereinafter the “Company”).
Whereas, Company offers MOVING SERVICES, and
Whereas, Customer wishes to purchase from Company, and Company wishes to sell to Customer, such service, solely upon the terms and conditions contained in this Contract, and on no other terms, unless mutually agreed,
Now, Therefore, in consideration of the foregoing premises, and of the mutual promises and covenants herein contained, the parties, intending to be legally bound, do hereby agree as follows:
1. APPLICABILITY.
Customer may place orders (“Order(s)”) with Company for Company’s services and all such Orders will be governed solely by the terms and conditions contained in this Contract, unless otherwise mutually agreed. Any oral understandings are expressly excluded. No contrary or additional terms or conditions contained in any Customer order form shall apply unless agreed to in writing and signed by an authorized representative of Company. Additionally, Company reserves the right to reject any Order submitted to it by Customer.
2. DELIVERY.
Delivery shall be made within the time specified on Customer’s Order or in accordance with Company’s quoted lead time and delivery rate.
3. PRICES AND PAYMENTS.
3.1 Mandatory Payment
Customer MUST PAY for all services offered by Company under this Agreement. Failure to comply with this schedule amounts to a fundamental breach of the Agreement, and Customer shall restitute Company and or pay damages for non- performance.
3.2 Accuracy of Prices
Prices quoted are believed to be accurate; however, Company reserves the right to correct any inadvertent errors in these prices prior to acceptance of the Order. All charges including additional services will be charged based on Company’s tariff rates. Prices are charged according to the terms of Customer’s option in Company’s pricing schedule.
3.3 Additional Prices
Customer is also required to pay for packaging according to the terms in the Packaging Materials and Order Form. The hourly rates are NOT limited to the materials used to wrap Customer’s items. If no hourly rates are provided, $165 covers two movers and a Packer. Customer shall pay additional prices as follows:
a. A one-time booking fee of $75 that is nonrefundable and that covers the truck fee.
b. Moving goods weighing above 200lbs shall be charged an additional $500.
Company also states that $10 Walmart mirrors are NOT limited to lampshades.
4. SETOFF.
All amounts that Customer owes Company under an Order shall be due and payable according to the terms of an Order.
5. RESERVATION
Company draws Customer’s attention that, IKEA furniture is NOT insured. Additionally, Company makes the following reservations:
Company does NOT move:
a. Live plants.,
b. Antique items,
c. Chemicals and explosive items,
d. Food products, and or
e. Animal carcasses.
If the driver takes these items it is at Customer’s risk.
6. EXCUSABLE DELAY.
Company shall be excused from delays in delivery and performance of other contractual obligations under this Order caused by acts or omissions that are beyond the reasonable control and without the fault or negligence of Company including but not limited to Government embargoes, blockades, seizure or freeze of assets, delays or refusals to grant a license or the suspension or revocation thereof, or any other acts of any Government, fires, floods, severe weather conditions, or any other acts of God, quarantines, labor strikes or lockouts, riots, strife, insurrection, civil disobedience, war, or material shortages.
7. DISPUTES.
Except as otherwise specifically agreed in writing by Customer and Company, any dispute relating to an Order placed by Customer in the United States which is not resolved by the parties shall be adjudicated by any court of competent jurisdiction.
8. APPLICABLE LAW.
This Agreement shall be interpreted in accordance with the laws of the jurisdiction in which Company’s facility is located, exclusive of any choice of law provisions.
9. LIMITATION OF LIABILITY.
Company’s liability on any claim for loss or damage arising out of, connected with, or resulting from an Order, is as is covered in the set of Customer’s options at Company’s pricing schedule. Except as herein expressly provided to the contrary, the provisions of this Agreement are for the benefit of the parties to the Agreement and not for the benefit of any other person.
10. WAIVER.
Failure by Company to assert all or any of its rights upon any breach of this Agreement shall not be deemed a waiver of such rights either with respect to such breach or any subsequent breach, nor shall any waiver be implied from the acceptance of any payment. No waiver of any right shall extend to or affect any other right Company may possess, nor shall such waiver extend to any subsequent similar or dissimilar breach.
11. PENALTY
In addition to the provisions of Section (3.1) and Section (10) of this Agreement, with respect to penalties for breach, any changes Customer makes after signing this Agreement automatically attracts a penalty of $200. The penalty is charged to take care of the delay in executing another Customer’s order, caused by the late change of terms.
12. SEVERABILITY.
If any provision of these Conditions of Sale is determined to be illegal, invalid, or unenforceable, for any reason, then such provision shall be deemed stricken for purpose of the dispute in question, and all other provisions shall remain in full force and effect.
In Witness Whereof, this Agreement is duly executed by the duly authorized representatives of the parties as set forth below:
[COMPANY NAME]
_________________________________ ______________
[NAME], [TITLE] DATE
[CUSTOMER NAME]
_________________________________ ______________
[NAME], [TITLE] DATE
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