Term of Service

The following terms and conditions apply to all services performed by the carrier under this contract. The term “carrier” refers to Poseidon Moving. The contract is also subject to all rules, rates, and charges in the current tariffs, published or on file with the Commonwealth of Massachusetts Department of Public Utilities, as well as all applicable federal regulations administered by the Federal Motor Carrier Safety Administration (FMCSA).

(a) The Carrier or party in possession of any of the property herein described (“Property”) shall be liable as at common law for any loss thereof or damage thereto, except as herein provided.
(b) No Carrier or party in possession of all or any of the Property (“Carrier”) shall be liable for any loss, damage or delay caused by an act of God, public enemy, war, declared or undeclared, acts of public authority, quarantine, riots, strikes, perils of navigation, the act or default of Shipper or owner, nature of Property or defect or inherent vice, occurrences in customs warehouse, or for any loss or damage to paintings, statuary, ornamental items, works of art, articles of unusual nature or value, photographs or pictures, antiques, dishes, glassware, musical instruments, vases, mirrors, marble or enamel pieces, lamps, lampshades or other fragile articles, unless such loss or damage was caused by negligence of the Carrier, and the responsibility to prove such negligence shall be on the Shipper, except where arrangements have been made for the packing and unpacking of such articles by the Carrier or its agent. No Carrier shall be held liable for the internal malfunction of any computerized, electrical or mechanical item or piece of equipment, whether or not such articles are packed, unpacked, or packed and unpacked by the Shipper or his agent or Carrier or its agents. No Carrier shall be liable for damage to or loss of contents of pieces of furniture, crates, bundles, cartons, boxes, barrels or other containers unless such contents are open for Carrier’s inspection and then only for such articles as are specifically listed by the Shipper and receipted for by the Carrier or its agent.
(c) No Carrier shall be liable for delay caused by obstructions, faulty or impassable highways, lack of capacity of any highway, bridge, ferry, or caused by breakdown or mechanical defect of vehicles or equipment.
(d) Carrier’s liability shall be that of a warehouseman only for loss, damage or delay caused by fire occurring after the arrival of the Property at destination or at the port of export and tender of delivery of the Property to the party entitled to receive it has been made. Except in case of negligence of the Carrier, Carrier shall not be liable for loss, damage, or delay occurring while the Property is stopped and held or stored in transit on the request of the Shipper, owner, or party entitled to make such request, whether such request was made before or after Carrier came into possession of the Property.

(a) Carrier shall have the right in case of physical necessity to forward the Property by any Carrier or route between the point of shipment and the point of destination. In all cases not prohibited by law, where a lower value than actual value has been represented in writing by the Shipper or has been agreed upon in writing as the released value of the Property as determined by the classification or tariffs upon which the rate is based, such lower value shall be the maximum amount to be recovered, whether or not such loss or damage occurs from negligence.
(b) As a condition precedent to recovery, claims must be filed in writing with the receiving or delivering Carrier, or Carrier issuing this proposal for service and bill of lading, or Carrier in possession of the Property when the loss, damage, injury, or delay occurred, within nine (9) months after delivery of the Property (or in the event of loss of the entire shipment, within nine (9) months from the date the shipment should have been delivered); and suits shall be instituted against any Carrier only within two years and one day from the day when notice in writing is given by the Carrier to the claimant that the Carrier has disallowed the claim or any part or parts thereof specified in the notice. Where claims are not filed or suits are not instituted in accordance with the foregoing provisions, no Carrier hereunder shall be liable.
(c) Any Carrier or party liable on account of loss or damage to any of the Property shall have the full benefit of any insurance that may have been effected upon or on account of the Property so long as this shall not avoid the policies or contracts of insurance; provided that the Carrier reimburses the claimant for the premium paid thereon.

Except where such service is required as the result of Carrier’s negligence, all Property shall be subject to necessary cooperage, packing and repacking at the owner’s cost.

(a) Carrier shall have the right to retain possession of any Property transported by it and to take and place the same in storage at the charge and expense of the Shipper until all tariff rates and charges thereon have been paid in cash or by credit card. Nothing herein shall limit the right of Carrier to require, at the time of or before shipment, the prepayment in part or in full or guarantee of the charges. 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. Additionally, the Client acknowledges that they are responsible for the charges for any additional services requested (i.e., waiting time, an extra pickup or delivery, storage, long carry, elevator, flights of stairs) after the contract was executed and which were not included in the estimated fees. 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 due to non-payment.
(b) Property not received by the party entitled to receive it after appropriate notice may be kept in vehicle, warehouse or place of business of the Carrier, subject to all lawful charges and to Carrier’s responsibility as warehouseman only, or at the option of the Carrier, may be removed to and stored in a warehouse at the point of delivery or at other available points at the cost of the owner, and there held without liability on the part of the Carrier, and subject to a lien for all transportation and other lawful charges, including a reasonable charge for storage. In the event the Consignee cannot be found at the address given on the bill of lading for notification, the Carrier shall be discharged from liability upon sending a notice to Shipper showing the warehouse in which such Property has been placed, subject to the provisions of this paragraph.
(c) If the Client chooses 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 ten percent (10%) of the quoted Flat Rate is required. In the event of cancellation by the Client, fifty percent (50%) of the total deposit will be refunded to the Client, while the remaining fifty percent (50%) shall be retained by the Company as a non-refundable cancellation fee. If this Agreement is canceled by the Client, or the Services are suspended or terminated due to the Client’s actions or failure to comply with this Agreement, after the Company has begun performing Services or has incurred costs in preparation for the move, the Client shall remain responsible for payment of all Services performed and all reasonable expenses incurred up to the date of cancellation or termination, including but not limited to: labor; travel time, mileage, fuel, tolls, and other transportation expenses; packing, unpacking, or preparation services; packing materials and supplies used or purchased for the Client’s move; storage, warehouse handling, or redelivery charges; third-party services arranged on the Client’s behalf; and any other charges authorized under this Agreement, the Bill of Lading, or applicable tariff. Any deposit paid shall be applied toward such charges. The deposit does not represent the Client’s maximum liability, and the Client shall remain responsible for all applicable charges even where such charges exceed the amount of the deposit. If the cancellation is initiated by the Company for reasons not caused by the Client and not resulting from the Client’s failure to comply with this Agreement, any and all funds paid by the Client will be fully refunded within twenty-one (21) business days of the cancellation date. A refusal, suspension, or termination of Services due to unsafe conditions, prohibited or hazardous items, material changes to the scope of the move or the items disclosed by the Client, the Client’s failure to comply with this Agreement or its payment obligations, or any other circumstance for which the Client is responsible shall not constitute a cancellation initiated by the Company, and the Client shall remain responsible for all charges described in this paragraph.

(a) Where Carrier is directed to take Property from a place or places at which the Consignor or his agent is not present, the Property shall be at the risk of the owner before loading.
(b) Where Carrier is directed to unload or deliver Property at a place or places at which the Consignee or its agent is not present, the Property shall be at the risk of the owner after unloading or delivery.

(a) No Carrier will carry or be liable in any way for any documents, specie, or for any article of extraordinary value unless a special agreement to do so and a stipulated value of the articles are endorsed hereon.
(b) The Shipper is solely responsible for accurately disclosing and identifying all items intended for transport, including any items that are fragile, high-value, antique, or of extraordinary nature. Such disclosure must be made in writing or through photographic documentation submitted to the Carrier or its agent prior to the move date. The Carrier shall not be liable for any loss or damage to items that were not disclosed and documented prior to the move, regardless of the valuation coverage selected by the Shipper. Items discovered on move day that were not previously disclosed may be subject to additional charges and will be handled with standard packing materials only.
(c) Certain items — including but not limited to artwork, paintings, antiques, sculptures, marble, glass-top furniture, and other fragile or high-value articles — may require custom crating or specialized packing beyond standard carrier materials to ensure adequate protection during transport. Custom crating must be arranged in advance of the move date and is not available on-site on move day. Where the Carrier has offered custom crating or specialized packing and the Shipper has declined or failed to request such service, the Carrier shall not be liable for any loss or damage to those items, including damage resulting from the use of standard packing materials alone.

Explosives or dangerous goods will not be accepted for shipment. Every party, whether principal or agent, shipping such goods shall be liable for and shall indemnify Carrier against all loss or damage caused by such goods, and Carrier will not be liable for the safe delivery of the shipment.

The owner or Consignee shall pay the advances, tariff charges, packing, and storage if any, and all other lawful charges accruing on said Property. No Carrier shall deliver or relinquish possession at destination of the Property until all tariff and charges thereon have been paid.
The Consignor shall also be liable for the advances, tariff charges, packing, storage, and all other lawful charges, except as otherwise agreed in writing. The beneficial owner shall also be liable for all charges due to Carrier where not paid by Consignor or Consignee. If the Consignor or Consignee has given to the Carrier erroneous information as to the identity of the beneficial owner, such Consignor or Consignee shall be liable for such additional charges and any attorney’s fees incurred by Carrier as a result of this disclosure. Nothing herein shall limit the right of the Carrier to require, at the time of shipment, the prepayment of the charges. If upon inspection it is ascertained that the articles shipped are not those described herein, the advances or tariff charges must be paid upon the articles actually shipped.

If this proposal for service and bill of lading is issued on the order of the Shipper or his agent, in exchange or in substitution for another proposal for service and bill of lading, the Shipper’s signature to the prior proposal for service and bill of lading as to the statement of the value or otherwise or election for common law or bill of lading liability, in or in connection with such prior proposal for service and bill of lading, shall be considered a part of this proposal for service and bill of lading as fully as if the same was written or made in or in connection with this proposal for service and bill of lading.

Any alteration in this proposal for service and bill of lading made without the special notation hereon of the Carrier shall be without effect, and this document shall be enforceable according to its original tenor.

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