Estimate Policies, Terms & Conditions
Major Van Lines
3801 25th Ave
Gulfport, MS 39501
THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS CONTAINED HEREIN, REPRESENTS THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN MAJOR VAN LINES, AND CUSTOMER WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL OTHER NEGOTIATIONS, UNDERSTANDINGS AND REPRESENTATIONS (IF ANY) MADE BY AND BETWEEN SUCH PARTIES, INCLUDING ANY REPRESENTATIONS MADE BY ANY ESTIMATOR.
IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF ANY ESTIMATE AND THE BILL OF LADING, THE TERMS OF THE BILL OF LADING SHALL CONTROL. THIS AGREEMENT MAY NOT BE AMENDED, SUPPLEMENTED, OR WAIVED ORALLY, BUT ONLY IN WRITING, SIGNED BY BOTH MAJOR VAN LINES AND THE CUSTOMER, AND MAKING SPECIFIC REFERENCE TO THIS AGREEMENT.
1. Non-Transferability of Agreement
THE CUSTOMER MAY NOT ASSIGN ITS RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF MAJOR VAN LINES.
2. Third-Party Rights & Limitations
NOTHING IN THIS AGREEMENT, WHETHER EXPRESSED OR IMPLIED, IS INTENDED TO CONFER ANY RIGHTS OR REMEDIES ON ANY PERSON OTHER THAN THE PARTIES HERETO AND THEIR RESPECTIVE LEGAL REPRESENTATIVES, HEIRS AND PERMITTED ASSIGNS, NOR IS ANYTHING IN THIS AGREEMENT INTENDED TO RELIEVE OR DISCHARGE THE OBLIGATION OR LIABILITY OF ANY THIRD PERSON TO ANY PARTY TO THIS AGREEMENT, NOR SHALL ANY PROVISION GIVE ANY THIRD PERSON ANY RIGHT OF SUBJUGATION OR ACTION OVER OR AGAINST ANY PARTY TO THIS AGREEMENT.
3. Compliance with Carrier Policies & Legal Requirements
CUSTOMER WILL BE SUBJECT TO ALL APPLICABLE LAWS AND THE GENERAL TERMS AND CONDITIONS OF THE CARRIER, WHICH SHALL INCLUDE, WITHOUT LIMITATION, A REQUIREMENT THAT PAYMENT IN FULL OF ALL CHARGES IS DUE BEFORE UNLOADING THE GOODS IN ACCORDANCE WITH THE CARRIERS LAWFUL LIEN ON THE PROPERTY.
4. Deposit & Payment Policies
AS THE CUSTOMER, I AGREE TO PAY THE TOTAL CHARGES FOR THE MOVING COORDINATOR SERVICES TO BE PROVIDED BY MAJOR VAN LINES. I UNDERSTAND AND AGREE THAT MY DEPOSIT/FEE REPRESENTS ONLY A PORTION OF MY TOTAL ESTIMATED SERVICE CHARGES FOR SCHEDULING AND ROUTING PURPOSES. MY DEPOSIT/FEE IS NON-REFUNDABLE AFTER PLACING THE RESERVATION FOR SCHEDULING PURPOSES.
ALL REQUESTS TO CHANGE MY PICK-UP DATE OR PLACE THE MOVE ON HOLD MUST BE MADE AT LEAST 7 BUSINESS DAYS (SATURDAY, SUNDAYS, AND HOLIDAYS EXCEPTED) PRIOR TO THE PACK OR LOAD DATE (WHICHEVER APPLIES) LISTED ABOVE.
I AM ONLY ENTITLED TO RECEIVE A CREDIT OF MY DEPOSIT FOR A FUTURE INTERSTATE MOVE, WHICH I MUST USE WITHIN A 12 MONTH PERIOD FROM THE DATE OF MY ORIGINAL RESERVATION. ALL DEPOSITS WILL SHOW ON YOUR BILLING CYCLE UNDER MAJOR VAN LINES.
5. Brokerage Fee & Cancellation Policy
YOU ARE AWARE THAT THESE ARE SEPARATE TRANSACTIONS BETWEEN YOU AND THE CARRIER THAT IS A DIFFERENT BUSINESS ENTITY. SINCE OUR FEE FOR SERVICE BEGINS IMMEDIATELY, YOU UNDERSTAND AND AGREE TO OUR BROKER FEE BEING NON-REFUNDABLE WITH NO EXCEPTIONS 72 HOURS AFTER SIGNING YOUR BILL OF LADING.
IN ACCORDANCE WITH THE U.S. CODE 49 CFR § 375.505(H), AN ESTIMATE/ORDER MAY NOT BE CANCELED AND DEPOSITS ARE NOT REFUNDABLE OUTSIDE THE THREE-DAY WINDOW, OR AFTER THE MOVER HAS BEGUN THE PHYSICAL MOVING SERVICES, INCLUDING BUT NOT LIMITED TO: PACKING, LOADING, STORAGE, TRANSPORTATION TO AND FROM THE PICK-UP OR DELIVERY ADDRESS, ETC. SERVICES MAY NOT BE CANCELED AFTER THE CUSTOMER’S PROPERTY HAS BEEN LOADED ON THE TRUCK.
BY SIGNING THIS CANCELLATION POLICY YOU ARE AGREEING TO THE STATEMENTS WITHIN.
6. Binding Estimate & Service Limitations
IF THE CUSTOMER HAS ELECTED A “BINDING TO NOT EXCEED” PRICE, THE TOTAL COST WILL NOT EXCEED THE ESTIMATED AMOUNT PROVIDED. HOWEVER, IF THAT CUSTOMER PROVIDES MAJOR VAN LINES WITH AN ACCURATE DESCRIPTION OF THE ITEMS TO BE MOVED AND THE SERVICES TO BE PERFORMED, OR CUSTOMER HAS REQUESTED TO HAVE AN ESTIMATE PROVIDED FOR HIS/HER HOUSEHOLD GOODS RELOCATION, IN ACCORDANCE WITH THE U.S. CODE 49 CFR 371.113(C)(1), CUSTOMER AGREES TO WAIVE A PHYSICAL SURVEY OF THE HOUSEHOLD GOODS, AND ALTERNATIVELY AGREES TO RECEIVE A BINDING TO NOT EXCEED ESTIMATE BASED UPON THE SHIPPER PROVIDED ITEM LIST OF PROPERTY TO BE TRANSPORTED.
IF ANY ADDITIONAL PIECES, PACKING SERVICES, WEIGHT OR LABOR SERVICES ARE ADDED AT THE ORIGIN OR DESTINATION TO THOSE QUOTED, THE CUSTOMER SHALL BE CHARGED FOR THESE SERVICES AT THE GOVERNING TARIFF RATES. CUSTOMER UNDERSTANDS THAT MAJOR VAN LINES HAS A 2000 LBS MINIMUM ON ALL SHIPMENTS. ANY SHIPMENT BELOW 2000 LBS. WILL BE CHARGED AT THE 2000 LBS RATE.
THE PRICE INCLUDES ALL FUEL SURCHARGES, TOLLS, LOAD AND UNLOAD, BASIC DISASSEMBLY AND REASSEMBLY OF STANDARD FURNITURE ITEMS, UP TO 75 FEET OF LONG CARRY AT ORIGIN AND DESTINATION AND 1 FLIGHTS OF STAIRS.
ELABORATE FURNITURE ITEMS THAT NEED TO BE DISASSEMBLED AND/OR REASSEMBLED MAY REQUIRE 3RD PARTY SERVICING OR ADDITIONAL LABOR AND SHOULD BE DISCLOSED TO YOUR ESTIMATOR AND INCLUDED IN YOUR ESTIMATE.
DISCONNECTING AND/OR RECONNECTING OF APPLIANCES IS NOT INCLUDED IN THE PRICE. REASSEMBLY IS SUBJECT TO THE AVAILABILITY OF TOOLS AND/OR ALL PARTIES BEING AVAILABLE.
THE PACKING AND UNPACKING OF BOXES IS ONLY INCLUDED IN THE PRICE IF IT IS ITEMIZED IN THE PACKING AND UNPACKING SECTION OF YOUR ESTIMATE; ALL MATERIALS/LABOR FOR UNDISCLOSED ITEMS WILL BE EXTRA.
7. Agreement Enforceability
ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT, WHETHER SO EXPRESSED OR NOT, SHALL BE BINDING UPON, INURE TO THE BENEFIT OF, AND BE ENFORCEABLE BY THE PARTIES AND THEIR RESPECTIVE ADMINISTRATORS, EXECUTORS, LEGAL REPRESENTATIVES, HEIRS, SUCCESSORS AND PERMITTED ASSIGNS.
8. Indemnification Clause
CUSTOMER SHALL INDEMNIFY AND HOLD HARMLESS MAJOR VAN LINES, AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES FROM AND AGAINST ANY AND ALL ACTIONS, CLAIMS, SUITS, LIABILITIES, PROCEEDINGS, PENALTIES, FINES, COSTS, AND EXPENSES (INCLUDING ALL REASONABLE ATTORNEYS FEES) RELATING DIRECTLY OR INDIRECTLY FROM ANY BREACH OF THIS AGREEMENT BY CUSTOMER.
9. Governing Law & Jurisdiction
IT IS AGREED BY THE PARTIES AS MANDATORY THAT THIS AGREEMENT SHALL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE OF MISSISSIPPI, WITHOUT REGARD TO THE PRINCIPLES OF CONFLICTS OF LAW.
ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE BROUGHT IN THE COURTS OR RECORD OF THE STATE OF MISSISSIPPI IN NEW HARRISON COUNTY.
IF ANY PARTY DOES NOT HAVE A REGISTERED AGENT TO ACCEPT SERVICE OF PROCESS IN MISSISSIPPI, OR IS NOT OTHERWISE SUBJECT TO SERVICE AFTER REASONABLE ATTEMPTS, THEN SUCH PARTY AGREES TO ACCEPT SERVICE OF PROCESS BY U.S. MAIL.
10. Legal Fees & Cost Recovery
IN THE EVENT OF ANY CONTROVERSY ARISING UNDER OR RELATING TO THE INTERPRETATION OR IMPLEMENTATION OF THIS AGREEMENT OR ANY BREACH THEREOF, MAJOR VAN LINES SHALL BE ENTITLED TO RECOVER ALL OF ITS COURT COSTS, COLLECTION FEES, EXPENSES AND REASONABLE ATTORNEYS FEES (INCLUDING, WITHOUT LIMITATION, ALL PRE-TRIAL, TRIAL AND APPELLATE PROCEEDINGS), IN ADDITION TO ANY OTHER RELIEF TO WHICH IT MAY BE ENTITLED.
IN THE EVENT THAT MAJOR VAN LINES PURSUES, MAJOR VAN LINES MAY RECOVER THE FULL TARIFF RATE ON ALL GOODS AND SERVICES PROVIDED, IN ADDITION TO ALL OTHER REMEDIES AVAILABLE TO IT AT LAW AND IN EQUITY.
11. Neutral Arbitration Program
MOTOR CARRIER NEUTRAL ARBITRATION PROGRAM: THE MOTOR CARRIERS NEUTRAL ARBITRATION PROGRAM HAS BEEN DESIGNED TO GIVE NEITHER PARTY ANY SPECIAL ADVANTAGE. IF A DISPUTE ARISES BETWEEN THE CARRIER AND THE SHIPPER ARBITRATION MAY BE A MUTUALLY BENEFICIAL ALTERNATIVE TO HELP RESOLVE THE DISPUTE. SECTION 49 U.S.C. SECTIONS 375.211 PROVIDES THAT A MOVER MUST HAVE A PROGRAM IN PLACE TO PROVIDE SHIPPERS WITH AN ARBITRATION ALTERNATIVE. ARBITRATION IS OPTIONAL AND NOT REQUIRED UNDER FEDERAL LAW.
SUMMARY OF THE ARBITRATION PROCESS: ARBITRATION IS AN ALTERNATIVE TO COURTROOM LITIGATION. IT PROVIDES EACH PARTY TO THE DISPUTE TO PRESENT THEIR CASES AND ALLOWS A NEUTRAL THIRD-PARTY ARBITRATOR TO MAKE DECISIONS AS TO THE MERIT OF EACH SIDE’S CASE.
ARBITRATION SUBJECT TO THIS AGREEMENT SHALL BE CONDUCTED VIA WRITTEN SUBMISSION AND, SUBJECT TO THE ARBITRATORS DISCRETION, THROUGH TELEPHONIC APPEARANCE. AFTER THE INITIAL FILING FEES HAVE BEEN PAID AND THE ARBITRATOR SELECTED, THE INITIATING PARTY OR (CLAIMANT) MUST SUBMIT A WRITTEN BRIEF SUMMARIZING THEIR LEGAL POSITION AND FACTUAL CLAIMS.
ALL SUPPORTING DOCUMENTATION MUST BE INCLUDED WITH THE INITIAL ARBITRATION BRIEF. COPIES OF ALL DOCUMENTS MUST BE SUBMITTED TO ALL PARTIES INVOLVED IN THE ARBITRATION. UPON RECEIPT OF THE CLAIMANT’S ARBITRATION BRIEF AND SUPPORTING DOCUMENTS, THE RESPONDING PARTY OR (RESPONDENT) WILL HAVE 30 DAYS TO FILE THEIR RESPONSIVE ARBITRATION BRIEF AND SUPPORTING DOCUMENTATION. FURTHER DEADLINES AND TIMETABLES ARE SUBJECT TO THE ARBITRATORS DISCRETION.
LEGAL EFFECTS: IF THE ARBITRATION ALTERNATIVE IS CHOSEN, THEN ANY DECISION MADE BY THE ARBITRATOR MAY BE BINDING. ADDITIONALLY, AN ARBITRATION DECISION MAY NOT BE APPEALED IN A COURT OF LAW.
ALL PARTIES AGREE THAT THE ARBITRATORS DECISION WILL BE BASED EXCLUSIVELY ON THE GOVERNING UNITED STATES FEDERAL LAW WITHOUT REGARD TO CONFLICTING STATE LAWS OR REGULATIONS. APPLICABLE COSTS EACH PARTY IS RESPONSIBLE FOR THEIR OWN COST ASSOCIATED WITH ARBITRATION.
A BENEFIT TO THE ARBITRATION ALTERNATIVE MAY BE THAT IT IS LESS EXPENSIVE THAN TRADITIONAL LITIGATION. EACH PARTY IS RESPONSIBLE FOR 50% OF THE COST ASSOCIATED WITH SECURING THE ARBITRATOR AND 100% OF THEIR OWN EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY FEES.
12. Payment Terms & Collection
UPON BOOKING, UP TO 50% DEPOSIT FEE IS REQUIRED TO BE PAID BY CREDIT CARD (VISA OR MASTERCARD), BANK WIRE, DIRECT DEPOSIT INTO THE COMPANY ACCOUNT, ACH, AND OR ECHECK. UPON PICKUP.
THE CARRIER MAY COLLECT UP TO 70%. PAYMENT WILL BE DUE IN THE FORM OF CASH, CERTIFIED CHECK, OR CASHIER’S CHECK POSTAL MONEY ORDER. THE REMAINING BALANCE MUST BE PAID IN FULL UPON DELIVERY BY CASH OR POSTAL MONEY ORDER.
THE CARRIER RESERVES THE RIGHT TO COLLECT UP TO 50% OF BALANCE DUE PRIOR TO THE GOODS LEAVING THE ORIGIN STATE. SUBJECT TO FEDERAL LAW, PAYMENT IN FULL OF ALL CHARGES IS REQUIRED BEFORE DELIVERY AND PRIOR TO UNLOADING.
13. Acceptance of Agreement by Action
THE CUSTOMER UNDERSTANDS AND AGREES THAT SHOULD THE CUSTOMER FAIL TO EXECUTE OR RETURN THIS AGREEMENT, BY ALLOWING A CARRIER DESIGNATED BY MAJOR VAN LINES TO PICK UP THE CUSTOMER’S BELONGINGS, THE CUSTOMER EXPRESSLY AGREES AND CONSENTS TO THE TERMS CONTAINED IN THIS AGREEMENT.
14. Waiver of Jury Trial
CUSTOMER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF UNDER OR IN CONNECTION WITH THE GOODS AND SERVICES OBTAINED HERE UNDER, THE MOVE, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (VERBAL OR WRITTEN) OR ACTIONS OF MAJOR VAN LINES OR THE MOVER.
CUSTOMER ACKNOWLEDGES THAT THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT TO MAJOR VAN LINES TO ENTER INTO THIS AGREEMENT.
15. Broker Role & Carrier Liability
CUSTOMER HAS HIRED MAJOR VAN LINES AS A MOVING COORDINATOR/SHIPPER AGENT/BROKER AND NOT TO HANDLE OR OTHERWISE PARTICIPATE IN A MOVE AS A CARRIER IN ACTING AS A SHIPPER AGENT ONLY. MAJOR VAN LINES IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF THE CARRIER OR ITS EMPLOYEES OR AGENTS.
CUSTOMER MUST PURSUE THE CARRIER FOR ALL CLAIMS FOR PROPERTY DAMAGE AND PERSONAL INJURY OR DEATH, INCLUDING WITHOUT LIMITATION, ANY CLAIMS FOR DAMAGE TO PROPERTY, LOST OR STOLEN GOODS, DELAYED PICKUP OR DELIVERY, ACTIONS OF ESTIMATORS, DRIVERS, PACKERS OR MOVERS, OR OTHER TYPES OF CLAIMS.
MAJOR VAN LINES WILL ACT ON BEHALF OF THE CUSTOMER IN RESOLVING ANY CLAIMS OR DELAY ISSUES WITH THE CARRIER. THE CARRIERS MAXIMUM LIABILITY IS LIMITED TO THE LESSER OF THE FOLLOWING:
(A) THE AMOUNT OF THE ACTUAL LOSS OR DAMAGE, (B) AN AMOUNT EQUAL TO SIXTY CENTS (60 CENTS) PER POUND MULTIPLIED BY THE ACTUAL WEIGHT (IN POUNDS) OF THE LOST OR DAMAGED ARTICLE; OR (C) THE LUMP SUM DECLARED VALUE.
16. Dispute Resolution Process
MAJOR VAN LINES REQUIRES THAT THE CUSTOMER MUST FIRST ATTEMPT TO RESOLVE ALL DISPUTES IN WRITING, DIRECTLY WITH MAJOR VAN LINES PRIOR TO INITIALIZING A DISPUTE/REVERSAL WITH THEIR ISSUING CREDIT CARD PROVIDER.
THE CUSTOMER MUST PROVIDE WRITTEN DESCRIPTION EVIDENCING ANY AND ALL BREACHES OF THE CONTRACT BY E-MAIL TO MAJOR VAN LINES AT info@major-vanlines.com.
THE CUSTOMER AGREES THAT FAILURE TO PROVIDE WRITTEN DOCUMENTATION CLAIMING THAT THE TERMS AND CONDITIONS WERE NOT ADHERED TO BY MAJOR VAN LINES, FORFEITS THE RIGHT TO DISPUTE THIS CLAIM WITH THEIR ISSUING CARD PROVIDER.
17. Service Refusal & Cancellation Consequences
AS THE CUSTOMER, I AGREE THAT ANY REFUSAL OR DENIAL OF SERVICE, EITHER VERBALLY IN PERSON OR OVER THE PHONE, WILL BE TREATED AS A LATE CANCELLATION MADE OUTSIDE THE CANCELLATION WINDOW. I UNDERSTAND THAT NO REFUND WILL BE ISSUED IF I REFUSE OR DENY SERVICE ON THE DAY OF PICKUP.
IF I CLAIM THAT SERVICE WAS NOT RENDERED, I MUST PROVIDE NOTICE OF ANY SERVICE FAILURE MADE BY MAJOR VAN LINES IN WRITING TO info@major-vanlines.com. MAJOR VAN LINES WILL NOT BE REQUIRED AT ANY TIME TO PROVIDE PROOF OF SERVICE DENIAL. THIS WILL BE THE CUSTOMER’S RESPONSIBILITY.
AS THE CUSTOMER, I AGREE TO THE APPLICABLE “TERMS AND CONDITIONS” RELATING TO PICK-UP AND DELIVERY DATES DETAILED IN “SECTION 15”. I AGREE THAT MAJOR VAN LINES DOES NOT HAVE THE ABILITY TO OBTAIN SIGNED DOCUMENTATION VERIFYING A SERVICE REFUSAL.
AS THE CUSTOMER, I AGREE THAT MAJOR VAN LINES WILL NOT BE REQUIRED TO PROVIDE PROOF OF SERVICE IN THE CASE OF A SERVICE DENIAL OR REFUSAL OF SERVICE. MAJOR VAN LINES RESERVES THE RIGHT TO RETAIN THE DEPOSIT OF THE CUSTOMER WHO VERBALLY REFUSES OR DENIES SERVICE WITHOUT WRITTEN DOCUMENTATION.
18. Agreement Acknowledgment & Customer Confirmation
UPON SIGNING THIS AGREEMENT, I THE CUSTOMER, AGREE THAT MAJOR VAN LINES HAS PROVIDED A DATED COPY OF THE ESTIMATE AND CHARGES AT THE TIME I SIGNED THE AGREEMENT. MAJOR VAN LINES HAS PROVIDED ME WITH NOTIFICATION OF THE METHODS OF PAYMENT REQUIRED TO PAY THE MOTOR CARRIER FOR BALANCES DUE. ALL COSTS AND CHARGES ARE CLEARLY INDICATED ON THIS ESTIMATE, AND THE CHARGES REPRESENTED ON THIS ESTIMATE ARE ONLY FOR THE SERVICES AND INVENTORY SPECIFICALLY INDICATED ON THIS ESTIMATE.
MAJOR VAN LINES SALES REPRESENTATIVE VERBALLY CONFIRMED THEIR ROLE AS A MOVING BROKER/COORDINATOR TO ME OVER THE PHONE PRIOR TO PLACING THIS RESERVATION. IN CANCELING THIS RESERVATION, I WILL NOT BE ENTITLED TO A REFUND OF MY DEPOSIT UNLESS A MANAGER APPROVES OTHERWISE IN TURNING DOWN OR DENYING SERVICE, I WILL NOT BE ENTITLED TO A REFUND OF MY DEPOSIT UNLESS A MANAGER APPROVES OTHERWISE.
Additional Information
FOR INQUIRIES AND OTHER CONCERNS, CONTACT MAJOR VAN LINES:
PHONE: (844) 29-MAJOR
EMAIL: info@major-vanlines.com