Brawny Movers Terms and Conditions

 

Moving Services Agreement

This Moving Services Agreement (“Agreement”) is made between Brawny Movers Inc. (“Company”) and the undersigned customer (“Customer”). These Terms and Conditions are an extension of the Conditions of Carriage. 

  1. On Your Moving Date, Brawny Movers Will:
  • Arrive at the moving location with necessary supplies and vehicles.
  • Carefully load items to protect them from damage during the move (subject to the Waiver and Release of Liability Agreement signed by the Customer).
  • Unload items at the new location(s).
  • Reassemble furniture which was disassembled for the move, if requested.
  • Position furniture as directed by the Customer.
  • Remove and dispose of all packing materials, if requested.
  1. Customer Agrees To:
  • Ensure access to all items being moved.
  • Be present at the agreed time (15-30 minutes before un/loading starts/ends).
  • Keep items not being moved in a separate area.
  • Clear walkways and driveways of debris that could obstruct the process.
  • Verify the accuracy of the inventory that is to be moved.
  1. Rate of Service:
    The rate for the Services under this Agreement will be the hourly rate displayed on the Brawny Movers website, plus any additional charges for changes in the scope of Services requested by the Customer (“Service Fee”). The Service Fee will be calculated based on the total time spent, including any waiting time.
  2. Deposit Payments:
    The Customer agrees to pay a deposit of $100 (“Deposit”) before the start of the Services, on or before the date specified on the first page of this Agreement or as listed on the retainer invoice. If the Services cannot be provided or completed due to the Company’s fault or by mutual agreement between the Company and the Customer, the $100 deposit will be refunded to the Customer.
  3. Final Invoice and Additional Fees:
    Any additional fees arising from unforeseen circumstances, or changes in the scope of services, or requests for extra services will be charged to the Customer in the final invoice. Payments can be made using Debit/Credit cards, Cash or E-transfer.
  4. Customer Obligations:
    The Customer must ensure that the Company has access to all necessary premises at the load-up, destination, third-party locations, and any other locations required for the safe and proper execution of the services, including time on top. The Customer is responsible for any parking tickets or similar fines incurred by the Company during the Services. In winter, the Customer is solely responsible for removal of snow that could interfere with the services. The Customer must always provide a safe pathway and level ground for the Company’s employees. The Customer guarantees that there are no stairs, obstacles, carpets, floor gaps, height, or width restrictions at any of the locations that would hinder the moving, transferring, or delivering of items. The Customer or their representative must be present at the premises during the provision of Services.
  5. Liability for Damaged Goods:
    The Company is not liable for any delays, loss, or damage to shipments caused by events listed under the Force Majeure clause of this Agreement. The Company, its employees, consultants, associates, officers, or directors shall not be responsible for any indirect, consequential, incidental, special, punitive, or exemplary damages related to this Agreement.
    If the Company is at fault for damage to any of the Customer’s goods during the Services, compensation will be limited to $0.60 per pound of the damaged item. The Company’s total liability for any single item will not exceed this amount. Damage or loss resulting from the Customer’s actions will not be compensated by the Company.
    The Company is not responsible for damage to walls, ceilings, floors, fixtures, or any items such as granite, China, ceramics, stoneware, lamps, particle board, pressed wood furnishings, Ikea or similar items, printers, photocopiers, or contents of boxes packed by the Customer.
    The Company reserves the right to refuse to transport goods that are hazardous, flammable, combustible, toxic, unsanitary, or pose a health and safety risk. This right to refuse does not affect the Customer’s obligation to pay for the Services.
    The Company is not liable for deterioration or damage to perishable food, plants, or pets. If only part of a set or unit is damaged, the Company will only be responsible for the damaged items, not the entire set.
    The Company does not cover loss or damage to valuable personal items such as jewelry, artwork, or cash, as these are not included in the Company’s service. The Customer must not interfere with or assist the Company’s employees during the Services; any loss, injury, or damage resulting from such interference will be the Customer’s sole responsibility
  1. Time Limit for Claims:
    Any claims or complaints against the Company must be submitted within 14 days of delivery. If no claims are made within this period, (a) the Customer will be considered to have accepted that there were no issues with the Company’s moving services, including any damage or performance concerns, and (b) any related claims, losses, or damages will be permanently barred from recovery. Claims or legal actions not initiated within this timeframe will not be acknowledged or honored by the Company.
  1. Non-Routine Moving:
    The Company will not be responsible for any liability arising from circumstances such as weather conditions or any items that were not under the Company’s possession or control. This includes contents of boxes, bags, or other containers packed by the Customer, items not adequately prepared by the Customer, items that are unique or fragile, furniture of unstable construction, and oversized items that require maneuvering through tight spaces.
  2. Exclusions of Liability:
  • The Customer’s failure to provide suitable conditions, such as adequate lighting, elevators, clear walkways, or facilities free from obstructions (e.g., protruding walls, ceilings, sharp objects), as well as dealing with slippery surfaces or oversized items that do not fit within the available space.
  • Items or furniture that have inherent weaknesses, including those that are damaged, defective, or previously repaired.
  • Items or materials that are compromised due to their inherent nature, usage, wear, or age.
  • Items or furniture that are uniquely fragile, such as glass, china, mirrors, or lamps.
  • Furniture or items with intricate designs, including glass-on-glass, glass-on-metal, or glass legs.
  • Furniture with unstable construction, including ready-to-assemble pieces or items held together by weak or defective joints and fasteners.

 

  1. Indemnification:
    The Customer agrees to protect and indemnify the Company, along with its representatives, agents, employees, associates, subcontractors, officers, and directors, from any claims, damages, losses, liabilities, obligations, settlements, judgments, costs, and expenses (including reasonable attorney’s fees) that may arise in connection with this Agreement.
  2. Force Majeure:
    The Company will not be liable to the Customer for any delays, damages, or failures caused by events beyond its control, except for payment and indemnification obligations specified in this Agreement. Force Majeure Events include, but are not limited to, natural disasters, fires, explosions, acts of vandalism, severe weather, actions or directives from military or civil authorities, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, governmental regulations, road construction, and other unforeseen events beyond the Company’s control, excluding financial issues. Such delays will not be considered a breach of this Agreement.

 

  1. Wait Time:
    If the Company is unable to access the origin or destination premises, or if the items to be moved, de-installed, or transported are not ready at the scheduled time, or if other conditions hinder the performance of the agreed-upon Services, the Customer will incur charges for the waiting period until access is granted. Any additional waiting time will also be included in the total service hours billed.
  2. Default:
    Should the Customer fail to fulfill any payment obligations under this Agreement, they will be deemed in default. In this event, the Company reserves the right to halt the Services without violating the Agreement until payment is received or the dispute is settled. The Customer agrees to cover all costs associated with office, billing, legal, and collection efforts undertaken by the Company to recover the outstanding amounts, including any fees from collection agencies or legal representation.
  3. Severability and Invalidity:
    If any provision of this Agreement is deemed invalid or unenforceable by a competent court, the remaining provisions will continue to be valid and enforceable according to applicable law. The invalid or unenforceable provision will be substituted with a valid and enforceable provision that closely aligns with the original intent. This principle also applies to any gaps within the Agreement.
  4. Governing Law and Dispute Resolution:
    This Agreement shall be interpreted and governed by the laws of the province in which the service is to be provided.
  5. Counterpart & E-Execution Clause:
    This Agreement may be signed in counterparts and may be executed via email, Docusign, or similar platforms. Any bookings made with The Company are expressly consenting to these terms and conditions.
  6. Entire Agreement:

This Agreement represents the entire agreement between the parties concerning the matters addressed herein and supersedes all prior negotiations, arrangements, agreements, and understandings either written, or oral.