Service Agreement

This Moving Services Agreement (the “Agreement”) is entered into and made effective [custom:created] (the “Effective Date”), by and between [custom:fname] [custom:lname] (the “Client”) and Poseidon Moving Inc. (the “Company”). The Client and the Company shall collectively hereinafter be known as the “Parties” or “Party,” as applicable.

WHEREAS, the Company offers moving services and the Client desires to retain the Company to perform such services in connection with the details outlined herein;

WHEREAS, this Agreement is intended to outline the terms and conditions applicable to the service aspects of such business relationship between the Parties.

NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto covenant and agree as follows. This Agreement governs any and all services provided by Poseidon Moving Inc. to the Client, including, but not limited to, transportation of household goods, packing services, temporary or long-term storage, and any ancillary services requested by the Client.

1. DESCRIPTION OF SERVICES. On [custom:move-date], the Company will use its professional knowledge and skill to perform services requested by the Client from or at location of [custom:address-from] to or at a location of [custom:address-to] (the “Services”). The Parties acknowledge and agree that delivery shall be made on [custom:avl-delv-date] or between the estimated dates provided by the Company at the Client’s Moveboard account. All services for interstate moves are subject to the Company’s published tariff in effect on the shipment’s loading date, which is incorporated by reference into this Agreement and available upon request or on the Company’s website.

Please note: For moves with guaranteed pick-up and delivery dates, this does not apply, and the delivery will occur as scheduled. For all other moves, delays in delivery may occur due to an insufficient number of shipments to fill a truck completely. The Company will make every effort to minimize such delays and keep the Client informed throughout the process.

a. Equipment. The Company shall provide all materials requested for the Services by the Client. These may include, but are not limited to, boxes, bubble wrap, protective coverings, boxes for hanging clothes, furniture/appliance dollies, etc.

b. Additional Requests. Any unusual or additional requests (including changes to the agreed scope of work, handling of specialty items, or requests for extra labor or materials) must be submitted through the Company’s office or the Client’s assigned account manager prior to or during the move. Verbal promises or instructions given directly to on-site crew members will not be binding unless confirmed by the Company in writing.

2. ESTIMATE. The Company shall provide the Client with a detailed estimate, whether through physical surveys, phone consultations, or video calls, including insurance/valuation options (discussed below), covering transportation, accessorial, and advanced charges. These estimates shall be based on the information provided by the Client and shall be signed and dated by both Parties. It is important to note that any discrepancies between the details provided by the Client and the information on the confirmation page may result in a change in the estimated cost to ensure accuracy and transparency.

a. Waiver of Physical Survey. I understand that I am entitled to have a motor carrier conduct a physical survey or visual inspection of the household goods to be transported and provide me with a written estimate based on the physical survey. I elect to waive the physical survey and agree that the carrier will conduct a survey of my household goods via phone, email, or other electronic means, and further understand that my estimate will be based on said non-visual survey and the information that I provide in that survey. I understand that this will require me to identify and describe the items that I plan to ship with the carrier. I understand the survey may use video technology such as Zoom, and it is my responsibility to show all items that are to be shipped via this technology so that an accurate survey can be completed. I also understand this type of survey does not constitute a physical survey or visual inspection, and this waiver indicates my consent to use such technology.

3. BILL OF LADING. The Company shall prepare a bill of lading for the transportation of goods, which will also outline acceptable payment methods. The Company accepts payment for all services exclusively by major credit or debit card (Visa, MasterCard, American Express, Discover); cash, checks, money orders, or other forms of payment are not accepted. The Client will receive a copy of the bill of lading at the delivery address, specifying the terms and conditions for payment of the charges based on the services provided by the Company.

4. PAYMENT. If the Company has been requested to prepare an Hourly Rate estimate for the Services, the Client agrees to pay one hundred percent (100%) of the total charges at the time of delivery of the goods.
If a Flat Rate estimate has been prepared, the Client agrees to the following payment schedule: (i) ten percent (10%) deposit due upon booking to reserve the move date; (ii) sixty percent (60%) due upon completion of loading at origin and prior to the truck’s departure; and (iii) the remaining thirty percent (30%) due upon delivery and prior to unloading completion and/or release of the goods.

The Client is responsible for any additional charges not listed on the Confirmation Page but reasonably required on moving day to complete the job safely and efficiently. This may include, but is not limited to: deployment of additional trucks or crew members, additional packing labor or materials, extended waiting time, storage, shuttle service, or access-related labor. Such charges will be added to the final invoice as applicable.

Failure to comply with the payment terms will result in additional costs, including but not limited to: reasonable attorney’s fees, collection agency fees, accrued interest on unpaid balances, and reimbursement for labor, equipment, or materials expended by Poseidon Moving Inc. due to non-payment.

Chargeback Policy:
By signing this Agreement, the Client agrees not to initiate a credit card chargeback or payment dispute for any charges, provided that Poseidon Moving Inc. performs the services as agreed and documented. Any billing disputes must be resolved through direct communication and, if necessary, through the arbitration process outlined in this Agreement.

5. CANCELLATION. If the Client wishes to cancel this Agreement, the following terms shall apply: For Intrastate (Local) moves, a $200 deposit is required at the time of booking. This deposit is non-refundable and shall serve as the cancellation fee. For Interstate (Long-Distance) moves, a deposit equal to 10% of the quoted Flat Rate is required. In the event of cancellation, 50% of the total deposit will be refunded to the Client, while the remaining 50% shall be retained by the Company as a non-refundable cancellation fee.

If the cancellation is initiated by the Company, all funds paid by the Client shall be refunded in full within twenty-one (21) business days from the date of cancellation.

6. COMPANY EMPLOYEES AND SUBCONTRACTORS. The Company may assign its own employees or subcontractors to perform the Services, including a senior team lead, as necessary based on the workload, schedule, and location. The Company reserves the right to make substitutions due to availability, routing, or unforeseen events. Regardless of whether employees or subcontractors are used, Poseidon Moving Inc. remains solely responsible for the performance, quality, and conduct of all assigned personnel throughout the move. Employees and subcontractors are entitled to a 15-minute break every four hours of work and a 30-minute lunch break. Smoking is prohibited during work hours.

a. Confidentiality. During the Services, the Company’s team members may come across personal, business, or proprietary information, whether written or discussed. This information is confidential and continues to be so even after this Agreement ends.

7. INVENTORY. The Company will prepare a detailed inventory of all items scheduled for transport based on the information provided by the Client prior to the move. These items must be clearly listed in the Client’s online account before the move date. The Client is solely responsible for accurately declaring all items intended for transport, including any high-value or fragile items. Poseidon Moving Inc. shall not be held liable for any loss or damage to items that were not properly disclosed and documented in the online account prior to the move. The Company’s liability is further limited by the selected valuation coverage and does not extend to items omitted from the documented inventory list or items packed by the Client. Delays due to weather, road closures, or other events beyond the Company’s control are considered Force Majeure events and are governed by Section 11 of this Agreement.

Client may request reductions to the documented inventory up to seven (7) calendar days prior to the scheduled load date. If such reductions are approved, the Company may adjust the estimated cost accordingly. After this cutoff date, the shipment space is reserved and reductions in inventory will not reduce the quoted price. Additions to inventory may be accepted at any time, subject to availability of space, equipment, and labor, and may result in additional charges.

8. LAWS AND PERMITS. The Client acknowledges that the Company shall be limited by the rules and guidelines of a location (more specifically, apartment complex parking). Any desired flexibility of location rules and guidelines shall be subject to negotiation solely by the Client with the location management. The Company will assist the Client in making suggestions on truck movement and/or parking if expressly requested by the Client.

9. BACKGROUND CHECK; CRIMINAL RECORD. The Company affirms that all employees have been fully vetted and passed a background check, along with any international, federal, state, and local searches deemed necessary. No employees have any criminal history relating to driving offenses and/or crimes associated with the consumption of alcoholic beverages, child abuse, violence directed at children, and no employee is listed as a sex offender on either a federal or state-based registry. Additionally, for purposes of federal immigration law, all employees have provided the Company with documentary evidence of identity and eligibility for employment in the United States.

10. ARRANGEMENT OF SHIPMENT TRANSPORTATION.
The Company may coordinate transportation for the Client’s shipment through licensed carriers either directly or via a federally registered moving broker. This may include arranging part or all of the transportation services using trusted third-party carriers. All such arrangements are made to ensure the most efficient, timely, and cost-effective solution for the Client. In all cases, Poseidon Moving Inc. retains full responsibility for managing the process and ensuring that any carriers or subcontractors adhere to the standards and terms outlined in this Agreement. The Company will exercise due diligence in selecting and supervising any third-party provider used to perform part or all of the Services.

11. FORCE MAJEURE. Neither Party shall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of the affected Party including but not limited to fire; floods; embargoes; war; acts of war (whether war be declared or not); acts of terrorism; insurrections; riots; civil commotions; strikes; lockouts or other labor disturbances; military disturbances; shortage of supply; acts of God; loss or malfunction of utilities, communications or computer (software or hardware) services; or acts, omissions or delays in acting by any governmental authority or the other Party. A Party claiming the benefit of this provision shall, as soon as reasonably practicable after the occurrence of any such event, (a) provide written notice to the other Party of the nature and extent of any such Force Majeure condition; and (b) use commercially reasonable efforts to remove any such causes and resume performance under this Agreement as soon as reasonably practicable.

12. LIMIT OF LIABILITY. In the unlikely event that the Company is unable to perform the Services due to a Force Majeure event as described above, and/or if the Company is unable to secure a suitable replacement, the Company’s responsibility shall be limited to a full refund of all payments received from the Client for the Services. Except as otherwise required by law, the Company’s total cumulative liability for any claim, loss, or damage arising from or relating to this Agreement — whether in contract, tort, or otherwise — shall not exceed the total amount actually paid by the Client to the Company, including any deposits, service charges, or optional valuation coverage. Under no circumstances shall the Company be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of use, loss of profits, or emotional distress.

13. LICENSE AND INSURANCE. The Company shall be licensed and approved for doing business in the state, county, and/or city of the origination of Services provided. Additionally, the Company shall be responsible for the acquisition of all licenses and/or permits required through state licensing and/or the United States Department of Transportation (USDOT). If the services provided herein involve interstate transportation of goods, the Company affirms that it is and shall be in compliance with all Federal Motor Carrier Safety Administration (FMCSA) regulations covering household goods carriers. The Company shall be insured and/or bonded as to its services. The Company acknowledges and agrees that this information may be subject to verification by the Client prior to the initiation of the Services. The Company shall cooperate fully in providing the Client with requested supporting documentation. The Company shall maintain a policy(ies) of commercial general liability insurance with limits of liability of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate providing coverage for, among other things, professional liability and basic carrier liability coverage. All insurance required to be maintained by the Company pursuant to this Agreement shall be maintained with responsible companies qualified to do business, and in good standing, in the state of Massachusetts. If the Company cannot or will not provide evidence of the appropriate insurance coverage upon the Client’s request within seven (7) business days of the Effective Date herein, this Agreement shall terminate at that time and any funds shall be refunded to the Client within five (5) business days of the termination date.

a. Moving Insurance/Valuation. As required by federal law, the Client will have the option of choosing the (i) released value/basic carrier liability (free to the Client); (ii) full replacement value protection (which must be purchased by the Client); or (iii) third-party insurance which may be purchased through the third-party affiliates of the Company by the Client. The Company shall have the responsibility of explaining such insurance options to the Client in a thorough and factual manner, thus allowing the Client to choose an option at its discretion.

b. Exclusions from Liability. The Company’s liability under the selected insurance or valuation option is subject to certain exclusions and limitations. These exclusions may include, but are not limited to, the following: furniture composed of particle board or pressed wood; lamps, lampshades, pictures, mirrors, artwork, glass, marble, vases, or statues not packed or wrapped by the Company; items found broken in boxes not packed or wrapped by the Company; mechanical condition of electronic, audio/visual, computer, or battery-operated equipment in transit or storage; previously damaged or repaired items; previously damaged or loose veneer; furniture with the original glue dried out; any loose items not boxed; plants (live, artificial, or dried); and if one item in a set is damaged, only that one item is covered, not the whole set. Items of extraordinary value that were not reported to the Company are also excluded.

c. Additional Materials and Services for Full Value Protection.
For moves covered under Full Value Protection, additional packing materials, custom crating, or labor may be required to ensure the proper protection of certain items. These services are not included in the standard estimate and will be billed separately if determined necessary by the Company. In such cases, a team member may assess and document the condition and packaging requirements of these items prior to or on the day of the move.

14. CLAIMS. The Client must submit any claim of lost, damaged, or destroyed items within nine (9) months from the date of delivery (or in the event of loss of the entire shipment, from the date the shipment should have been delivered). Such claim shall be submitted in writing to the Company and the Company’s insurance company or third-party company for claim processing. The Company then has thirty (30) days to acknowledge receipt of the claim. The Company shall then have one hundred twenty (120) days to provide the Client with a disposition. The Company may be entitled to sixty (60)-day extensions if the claim cannot be processed or disposed of within one hundred twenty (120) days.

15. TERMINATION. This Agreement shall terminate upon the occurrence of any of the following: (i) in the event either Party defaults in any material obligation owed to the other Party pursuant to this Agreement, then this Agreement may be terminated if the default is not cured following five (5) days’ written notice to the defaulting Party; and/or (ii) the Company becomes bankrupt or insolvent, or bankruptcy or insolvency proceedings are instituted against the Company and the proceeding is not dismissed within sixty (60) days of commencement.

16. MEDIATION AND ARBITRATION. The Company and Client agree to first make reasonable, good-faith efforts to resolve any dispute, claim, or controversy arising from or relating to this Agreement through direct communication. If the Parties are unable to reach a mutual resolution, the matter will be handled in accordance with the arbitration provisions contained in the Company’s published tariff, which is incorporated by reference into this Agreement. If no mutual agreement is reached, the Company shall determine the method and location of the arbitration, subject to the rules of the applicable arbitration program and applicable law.

17. APPLICABLE LAW. This Agreement shall be construed and governed by the law of the state of Massachusetts without regard to principles of conflicts of law.

18. MISCELLANEOUS.

a. No Waiver. The failure of a Party to require strict performance of any provision of this Agreement by the other, or the forbearance to exercise any right or remedy, shall not be construed as a waiver by such Party of any such right or remedy or preclude any other or further exercise thereof or the exercise of any other right or remedy.

b. Severability. The invalidity or unenforceability of any provision of this Agreement does not affect the validity or enforceability of any other provision of this Agreement.

c. Entire Agreement; Amendments. This Agreement has been freely negotiated and contains the entire understanding between the Parties for the Services outlined herein. The Parties acknowledge that they have read and understand the terms contained herein and agree to same. This Agreement supersedes all prior agreements, representations, or understandings (whether written, oral, implied, or otherwise) between the Parties. These terms may not be amended or modified, in whole or in part, except by an express written agreement between the Parties.

d. Headings. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning of any provision of this Agreement.

e. Counterparts; Facsimile and Electronic Signatures. This Agreement may be executed in counterparts, all of which together shall constitute one and the same agreement. Any electronic signature shall have the full weight and authority as an original signature on this Agreement. Additionally, any signature page delivered electronically or by facsimile shall be binding to the same extent as an original signature page with regards to any agreement subject to the terms hereof or any amendment hereto.

19. NO THIRD-PARTY BENEFICIARIES.
This Agreement is entered into solely between the Client and Poseidon Moving Inc. Nothing in this Agreement shall be construed to confer any rights or remedies upon any third party, including but not limited to family members, roommates, landlords, or property managers. No third party shall have any legal standing to enforce the terms of this Agreement.