General Terms and Conditions for Services
- These terms and conditions for services (these “Terms“) are the only terms that govern the provision of services by Campus Concepts Move, Ship and Store, LLC, a/k/a Campus Concepts Moving and Storage, a Michigan limited liability company (“Service Provider“) to you (“Customer“).
- The accompanying Freight Bill & Bill of Lading (the “Order Confirmation“), the attached Waiver of Claims, if any, and these Terms (collectively, this “Agreement” or the “Contract Documents”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any direct conflict among the Contract Documents, such documents shall be governed in accordance with the following order of priority: (i) the Waiver of Claims; (ii) the Order Confirmation; and (iii) these Terms.
- These Terms prevail over any of Customer’s general terms and conditions regardless whether or when Customer has submitted its request for proposal, order, or such terms. Provision of services to Customer does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend these Terms.
- Services. Service Provider shall provide moving services to Customer as more particularly described in the Order Confirmation (the “Services“) in accordance with these Terms.
- Performance Dates. Service Provider shall use reasonable efforts to meet any performance dates specified in the Order Confirmation, and any such dates shall be estimates only.
- Customer’s Obligations. Customer shall cooperate with Service Provider in all matters relating to the Services and provide such access to Customer’s premises, and such office accommodation and other facilities as may reasonably be requested by Service Provider, for the purposes of providing the Services.
- Customer’s Acts or Omissions. If Service Provider’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants or employees, Service Provider shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.
- Fees and Expenses; Payment Terms; Interest on Late Payments.
- In consideration of the provision of the Services by the Service Provider and the rights granted to Customer under this Agreement, Customer shall pay the fees set forth in the Order Confirmation.
- Unless otherwise agreed to by Service Provider in writing, Customer shall pay all invoiced amounts due to Service Provider immediately upon completion of the Services. Customer shall make all payments hereunder in US dollars by a payment method accepted by Service Provider.
- In the event payments are not received by Service Provider 30 days after becoming due, Service Provider may: (i) charge interest on any such unpaid amounts at a rate of 1% per month or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid; and (ii) suspend performance for all Services until payment has been made in full.
- Taxes. Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by Customer hereunder.
- Representation and Warranty. Service Provider represents and warrants to Customer that it shall perform the Services in a professional and workmanlike manner.
- Disclaimer of Warranties. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 8 ABOVE, SERVICE PROVIDER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
- Service Provider offers three types of insurance in connection with the Services: (i) Basic Carrier Liability; (ii) Full Valuation. Customer must elect the type of insurance it wishes to purchase on the Order Confirmation. In the event Customer’s property is damaged during the performance of the Services, Customer’s exclusive remedy for such damaged property shall be as set forth in the applicable insurance policy:
- Basic Carrier Liability. Basic Carrier Liability is the minimum amount of liability that must be provided to any customer when transporting goods at no extra Also called the “released value,” this valuation policy is limited to 60 cents per pound per article. Under this coverage, if a 100-pound item valued at $1,000 was lost or damaged and you agreed to a released value of shipment, the mover would be liable for no more than $60.00. It does not cover items packed by the owner or previously damaged items.
- Full Valuation. The Full Valuation offers the highest level of protection. This coverage includes furniture and items packed by Campus Concepts’ movers. This coverage is based on the estimated value of all items being shipped as declared by the shipper. Full valuation protection covers costs to repair, replace, or the cash value (market value) for any items that are damaged, destroyed, or lost during your move. It does not cover items packed by the owner or previously damaged items.
- IKEA and Press Board Furniture. Service Provider cannot be responsible for press-board or simulated wood furniture. Much of the budget priced furniture is made from pressed wood. This inherently causes the furniture to be structurally unsound. Repeated disassembly and assembly of these furniture items makes them much more susceptible to damage than traditional wooden furniture. We move IKEA furniture all the time, usually without incident, but in the event damage occurs Campus Concepts Moving & Storage is unable to offer cargo valuation or increased insurance on any and all of these
- Notifying Service Provider of Damage. If Customer believes its property has been damaged during the performance of the Services, it must notify Service Provider in writing within 10 days of the date the Services were performed, and permit Service Provider to inspect the allegedly damaged property. If Customer fails to notify Service Provider within such time frame, Service Provider shall have no liability to Customer whatsoever.
- PRICING AND FEES (Student Storage)
Pricing for “Student Storage” services shall be in accordance with the price list on the Website “calculator.” Prices are subject to change without notice. The Fees listed are for each Storage Period, either summer, short-term, or long term storage. In addition to such Fees, various Additional Charges may apply as described in this section. Campus Concepts shall charge and the Customer agrees to pay any and all of the additional Charges applicable to the Customer. Such Additional Charges are intended to compensate Campus Concepts for the additional expenses it incurs as a result of the deviation from standard procedures and practices of the Services. This includes, but is not limited to:
- Accepting loose, unpacked items that must be packed by Campus Concepts
- Accepting loose, fragile items that must be packed by Campus Concepts
- Completing Full Service Packing services
- Completing a pickup with an unreasonable walk to/from the truck to the unit
- Extending storage term
- Requesting/completing services that are outside the scope of “Student Storage”
Limitation of Liability.
IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL SERVICE PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF: (I) THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SERVICE PROVIDER PURSUANT TO THIS AGREEMENT; OR (II) THE AMOUNTS COVERED BY CUSTOMER’S INSURANCE POLICY SET FORTH IN SECTION 10, AS APPLICABLE.
Inventory. It is the responsibility of the shipper (customer) to be present and verify the accuracy of the inventory being moved and/or stored. This process is confirmed via a completed signature on the inventory form. If the customer is not present or if a signature is not collected, Campus Concepts is absolved from any and all claims that may arise from such a situation and includes but is not limited to: allegations of theft, disputes regarding the condition of the item before custody, disputed regarding the condition of the item once custody has been relinquished (delivered), disputes regarding the accuracy of the inventory taken, improperly placing the item within the dwelling, taking an item that does not belong to the customer (3rd party property). Any and all costs resulting from such situations will be the sole responsibility of the Shipper.
Certain Items. Customer agrees not to provide Service Provider with any dangerous materials, hazardous materials, perishable goods, or explosive materials for shipment. Customer will indemnify Service Provider for any breach of this Section.
Termination. In addition to any remedies that may be provided under this Agreement, Service Provider may terminate this Agreement with immediate effect upon written notice to Customer, if Customer fails to pay any amount when due under this Agreement and such failure continues for 10 days after Customer’s receipt of written notice of nonpayment.
Cancellation. Customer may cancel or reschedule the Services to be performed by Service Provider, provided that Customer provides Service Provider with 24 hours prior notice, and provided further that such notice is given to Service Provider during normal business hours (9am – 5pm, Monday through Friday). Customer’s failure to abide by the conditions of the preceding sentence will result in a cancellation fee equal to one hour of the applicable moving rate (i.e. whether Customer had reserved 1 mover, 2 movers, etc.).
Force Majeure. The Service Provider shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Service Provider including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of
Submission to Jurisdiction. Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Michigan in each case located in the City of Ann Arbor, Michigan, or in the Federal District Court for the Eastern District of Michigan.
Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Amendment and Modification. This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.