DFW Packing Pros
Terms and Conditions for Services
We know, it’s a lot to read! but it is very important information that we want to make sure every customer understands. Moving is no easy task, and with such a labor-intensive job, there are many variables that come into play. Just like you, every move is unique! When we are on the clock, we work for you, and will make every effort to do what you ask!
However, please be advised that we have to follow certain procedures to assure we complete every job successfully. It’s our job to assure your happiness and avoid misunderstandings or conflict. The following DFW Packing Pros, LLC (Company, we, or us) policies are for our customers’ (You) protection as well as ours. For more information please see our Terms of Service below.
1. Applicability.
(a) These terms and conditions for services (these " Terms") are the only terms that govern the provision of services by DFW Packing Pros LLC ("DFW Packing Pros") to ("Customer").
(b) The accompanying order confirmation (the " Order Confirmation") and these Terms (collectively, this "Agreement") 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 conflict between these Terms and the Order Confirmation, these Terms shall govern.
2. Services
DFW Packing Pros shall provide the services to Customer as described in the Order Confirmation (the "Services") in accordance with these Terms.
3. Customer's Obligations
Customer shall:
(a) cooperate with DFW Packing Pros 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 DFW Packing Pros, for the purposes of performing the Services;
(b) respond promptly to any DFW Packing Pros request to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for DFW Packing Pros to perform Services in accordance with the requirements of this Agreement;
(c) provide such customer materials or information as DFW Packing Pros may request, to carry out the Services in a timely manner and ensure that such customer materials or information are complete and accurate in all material respects; and
(d) obtain and maintain all necessary licenses and consents and comply with all applicable laws in relation to the Services before the date on which the Services are to start.
4. Customer's Acts or Omissions
If DFW Packing Pro'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, DFW Packing Pros 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.
5. Change Orders
(a) If either party wishes to change the scope or performance of the Services, it shall submit details of the requested change to the other party in writing. DFW Packing Pros shall, within a reasonable time after such request, provide a written estimate to Customer of:
(i) the likely time required to implement the change;
(ii) any necessary variations to the fees and other charges for the Services arising from the change;
(iii) the likely effect of the change on the Services; and
(iv) any other impact the change might have on the performance of this Agreement.
(b) Promptly after receipt of the written estimate, the parties shall negotiate and agree in writing on the terms of such change (a " Change Order"). Neither party shall be bound by any Change Order unless mutually agreed upon in writing in accordance with Section 29.
(c) Notwithstanding Section 6 (a) and Section 6(b), DFW Packing Pros may, from time to time change the Services without the consent of Customer provided that such changes do not materially affect the nature or scope of the Services, or the fees or any performance dates set forth in the Order Confirmation.
(d) DFW Packing Pros may charge for the time it spends assessing and documenting a change request from Customer on a time and materials basis in accordance with the Order Confirmation.
6. Presence
The Customer or Customer’s representative must be present during the entire move and final walk-through inspection.
7. Cancellation & Rescheduling
If you need to reschedule, DFW Packing Pros will do everything within our power to make adjustments for you. However, DFW Packing Pros can only guarantee the original appointment you booked. If for whatever reason you need to cancel your appointment, you will be reimbursed your deposit in full as long as the cancellation is made a minimum of 24 hours before the agreed upon appointment time.
8. Installations
DFW Packing Pros team members are not installation experts and do not guarantee the integrity of anything the Customer instructs the team to install. Customer must make a final inspection, and sign off on installations, before the DFW Packing Pros team leaves. The DFW Packing Pros team will assist with the basic installation of appliances, and with mounting picture frames, however, the DFW Packing Pros team will not assist with the installation of television mounts and other fixtures.
9. Special Requests
DFW Packing Pros has the right to refuse Customer’s requests that are outside of the scope of our service description. Customer must inform DFW Packing Pros about any pianos, large safes, statues, and other unusual structures before an appointment is accepted. DFW Packing Pros will go above and beyond to provide assistance, but the safety of the DFW Packing Pros team is our first priority!
10. Inclement weather
In the case of inclement weather that is deemed by DFW Packing Pros as safe enough to continue work, Customer will have two options: (1) Allow DFW Packing Pros to continue the project and sign a waiver relieving DFW Packing Pros of any damages caused by rain, snow, ice, etc. or (2) DFW Packing Pros will pause work until conditions have improved, but Customer will continue to be charged for the time the DFW Packing Pros team is present. DFW Packing Pros reserves the right to reschedule the move at an agreed upon time, without liability if we deem the inclement weather as unsafe.
11. Claims
Customer will sign a release of liability waiver at the completion of the move, acknowledging that all of your belongings made it home safely! In the case that DFW Packing Pros is at fault for damages to Customer’s property, DFW Packing Pros will assume responsibility for the damages, and will repair or replace the damaged item(s), subject to the limitations and exclusions set forth in Sections 16 and 17. Customer is encouraged to thoroughly review Sections 16 and 17, for a list of limitations and exclusions to liability.
12. Fees and Expenses; Payment Terms; Interest on Late Payments
(a) In consideration of the provision of the Services by DFW Packing Pros and the rights granted to Customer under this Agreement, Customer shall pay the fees set forth in the Order Confirmation.
(b) The duration of a job will commence when the DFW Packing Pros team arrives at Customer’s pick-up location, and the time runs continuously until all tools and equipment are back in our truck and payment is completed. Customer’s total price will be based on the number of hours the Services were performed and the agreed upon hourly rate.
(c) Customer agrees to reimburse DFW Packing Pros for all reasonable travel and out-of-pocket expenses incurred by DFW Packing Pros in connection with the performance of the Services.
(d) Customer will pay a deposit at the time of booking. The deposit will then be deducted from Customer’s total price at the end of the project. Customer shall pay all invoiced amounts due to DFW Packing Pros in full at the completion of the project. Appointments scheduled one week or less requires payment in full. Customer shall make all payments hereunder in US dollars by major U.S. credit cards.
(e) In the event payments are not received by DFW Packing Pros within two days after becoming due, DFW Packing Pros may:
(i) charge interest on any such unpaid amounts at a rate of 10% 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.
13. 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.
14. Representation and Warranty
(a) DFW Packing Pros represents and warrants to Customer that it shall perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement.
(b) The DFW Packing Pros shall not be liable for a breach of the warranty set forth in Section 11 (a) unless Customer gives written notice of the defective Services, reasonably described, to DFW Packing Pros within two days of the time when Customer discovers or ought to have discovered that the Services were defective.
(c) Subject to Section 11 (b), DFW Packing Pros shall, in its sole discretion, either:
(i) repair or re-perform such Services (or the defective part); or
(ii) credit or refund the price of such Services at the pro rata contract rate.
(d) THE REMEDIES SET FORTH IN SECTION 11(c) SHALL BE THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND DFW PACKING PROS ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 11(a).
15. Disclaimer of Warranties
EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 11(A) ABOVE, DFW PACKING PROS MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
16. Limitation of Liability
(a) DFW Packing Pros Moving, LLC (DFW Packing Pros)’s liability for lost or damaged items is limited to $.60 per pound per article unless additional insurance has been purchased by the customer. As per the Federal Motor Carrier Safety Administration, you are protected by the federal default released valuation coverage of $0.60/lb per item. DFW Packing Pro’s liability only extends to items damaged while under our care, control, and custody. Once the DFW Packing Pros team departs from your location, DFW Packing Pros can no longer be held liable for any damages.
(b) DFW Packing Pros shall be responsible for replacement of any lost items pictured by the DFW Packing Pros team in our initial walk-through of the project’s inventory page and inspected prior to move, subject to the above limits. Items not pictured are not insured.
(c) The condition of any item(s) boxed by customer (PBO/packed by owner) and not inspected prior to move are not insured by DFW Packing Pros and are the responsibility of the Customer.
(d) DFW Packing Pros shall in no way be responsible for the working condition of electronic equipment, grandfather clocks, or any other piece of mechanical equipment (MCU/mechanical condition unknown). Damage to cabinets and surfaces of such equipment will be treated as stated in condition #1 above unless additional insurance with appropriate add-on coverage (i.e. electrical and mechanical) has been purchased.
(e) Liability is limited to $100.00 for damage to floors, walls, doors, and painted surfaces. Liability limit may be raised by written agreement of both parties prior to move.
(f) DFW Packing Pros will not be responsible for damage caused by non-routine moving including but not limited to, standing pieces on end, sharp turns, over-crowded work areas, difficult stairways, snags and sharp edges in work areas and doorways, handing over balconies, railings, etc., tight squeezes, and damage caused by weather. You will be asked to sign a waiver if we agree to attempt any non-routine moving request.
(g) DFW Packing Pros shall not be responsible for loss or damage to accounts, bills, checks, evidence of debts, letters of credit, passports, tickets, documents, manuscripts, notes, mechanical drawings, securities, currency, money, bullion, precious stones, jewelry, or other similar valuables, paintings, statuary, or other works of art; or property carried gratuitously or as an accommodation. The process of removing drawers must be done in the presence of the customer or their agent.
(h) DFW Packing Pros shall not be responsible for damage resulting when moving household items that have deteriorated such as, but not limited to, lamp shades, mattresses, electrical wiring, etc.
(i) DFW Packing Pros shall not be responsible for glass in any form or damage resulting from glass breakage unless special packaging has been purchased. This also applies to porcelain and ceramic items.
(j) DFW Packing Pros shall not be responsible in any way for plants or pets.
(k) DFW Packing Pros may use dollies to facilitate removal or placement of appliances, etc., and damage that may result to soft floors, such as, but not limited to, indentation, scuff marks, etc., are not the responsibility of DFW Packing Pros.
(l) DFW Packing Pros shall not be responsible for damage to waterbeds or any subsequent damage. We claim no expertise as waterbed technicians.
(m) DFW Packing Pros shall not be responsible for damage to items requiring special instructions if customer fails to provide such instructions including, but not limited to, disassembly or assembly of said items and any special preparation required.
(n) DFW Packing Pros assumes no liability or responsibility for any items and cargo placed in the customer's own vehicle or in rental equipment and which DFW Packing Pros does not transport.
(o) DFW Packing Pros may use dollies to move heavy objects such as but not limited to pianos, appliances, items over 300 lbs., etc. Any floor surfaces including but not limited to parquet, hardwood, ceramic, marble, entrance halls, etc. and any damage that may result to soft floors, such as, but not limited to, indentation, scuff marks, etc., are not the responsibility of DFW Packing Pros.
(p) Any damage caused by incomplete floor areas, such as, but not limited to, subsequent damage to ceilings, will not be the responsibility of DFW Packing Pros.
(q) DFW Packing Pros will not connect washer/dryer, or ice makers. You or your representative must check or accept any plumbing connections. Any assistance we give is as a courtesy only. Water and drain connections are the responsibility of the user.
(r) DFW Packing Pros is not responsible for the working condition of major appliances.
(s) IN NO EVENT SHALL DFW Packing Pros BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR 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 DFW PACKING PROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
(t) IN NO EVENT SHALL DFW Packing Pro'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 AGGREGATE AMOUNTS PAID OR PAYABLE TO DFW Packing Pros.
17. Coverage Exclusions
The items below are excluded from coverage:
(a) Any customer packed boxes, crates, bins, or similar packages packed by the customer are not covered. We cannot be sure if these items were properly packaged and protected and we cannot assume damage liability for these items.
(b) Electronics, gaming consoles, computers, stereos, tablets, etc. are not covered. In addition, we cannot assess the working condition of all these items before the move.
(c) Cash, checks, bonds, jewelry, deeds, coin and stamp collections, alcohol, prescription medications, damaged to fur or items lined with fur, firearms and/or ammunition and other high value items should also be packed by the customer and are excluded from coverage.
(d) Any damages associated with the connection or disconnection of household appliances and wall mounts are not covered. We will connect appliances and mounts at the customer’s request as a courtesy, however we are not plumbers or electricians and we strongly recommend hiring a professional DFW Packing Pros to connect all appliances and mount all wall units.
(e) Special care, fragile, and high value items such as instruments, televisions, appliances, etc. without proper packaging and preparation are not covered. These items should always be crated to move by the customer. At the customer’s request we will move these items without crating but cannot assume liability for damages if packing quality has not been met.
(f) Particle board, pressed wood furniture, and IKEA furniture is not covered. Poor quality of the materials used to make these items makes them prone to damage when moved, dis-assembled or re-assembled.
(g) Any damages that occur from a specific Customer request are not covered. This refers to instances where items cannot be moved safely and without damage to home or to the item. If the Customer requests for the item to be moved despite the inherent risks, the DFW Packing Pros team will accommodate the Customer’s request, but any and all damage liability is waived for such an item.
While it is your right to inspect the loading and unloading of your items at any time, any damages that were not recorded on our work order before the DFW Packing Pros team departs from your location are not covered. DFW Packing Pros liability ends once the items leave our possession.
18. Claims
To be considered, all claims must be submitted within 48 hours of your move day. DFW Packing Pros reserves the right to investigate all claims.
19. Termination
In addition to any remedies that may be provided under this Agreement, DFW Packing Pros may terminate this Agreement with immediate effect upon written notice to Customer, if Customer:
(a) fails to pay any amount when due under this Agreement and such failure continues for two days after Customer's receipt of written notice of nonpayment;
(b) has not otherwise performed or complied with any of the terms of this Agreement, in whole or in part; or
(c) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
20. Waiver
No waiver by of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by DFW Packing Pros. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
21. Force Majeure
The DFW Packing Pros 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 DFW Packing Pros 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.
22. Assignment
Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of DFW Packing Pros. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under this Agreement.
23. 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.
24. 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 Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Texas.
25. 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 Texas in each case located in the City of Dallas and County of Dallas, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
26. Notices
All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a "Notice") shall be in writing and addressed to the parties at the addresses set forth in the Order Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
27. 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.
28. Survival
Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Governing Law, Submission to Jurisdiction, and Survival.
29. 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.