1. GENERAL: The customer is responsible for security during the move. Hugo’s Moving shall be compensated at the regular rate per hour if a delay occurs at loading or unloading points. Hugo’s Moving shall not be responsible for any expense which may be involved or caused through delay in arrival or delivery of goods by unavoidable reasons. If articles are too large for elevators or stairways or porches and require hoisting or lowering customers shall pay for each such hoisting or lower in go operation an additional charges as provided for in current tariff of the Company.

2. INSURANCE: Hugo’s Moving shall self-insure the customers for any loss or damage. The maximum limitation of the insurance shall be the total amount charged for the move. Should the customer elect at his own option to purchase added insurance any claims made thereon must be made at the time of delivery, and if not made at that time, the customer shall be without remedies thereafter. 

3. BILLING INCREMENT: The billing increment shall be in quarterly hours.

4. LIEN ACKNOWLEDGMENT BY CUSTOMER: The customer confirms and acknowledges that Hugo’s Moving has a lien on any and all of the goods and chattels in his possession and may retain such goods until such time as all of the charges are paid to Hugo’s Moving. Those charges include travel time waiting time unloading time into storage, reloading from storage, the storage costs themselves and any and all charges occasioned with the moving services without limiting the generality of the foregoing. In effect, the customer delivers a warehouseman’s lien to Hugo’s Moving until all charges are fully paid and satisfied pursuant to the Warehouse Receipts Act, R.S.O. and amendments thereto.

5. RISK OF LOSS: The customer shall have the right to attend with Hugo’s Moving during the move and in doing so shall indemnify Hugo’s Moving from any missing goods chattels without limiting the generality of the foregoing.

6. GENERAL LIABILITY EXEMPTION: Hugo’s Moving shall not be liable for any delays on mechanical breakdowns, sharp objects, protruding of walls, ceilings, other than Hugo’s Moving property, elevators, customer own equipment, lack of lighting, slippery or obstructive facilities or walkways, spillage or liquids, difficult situation due to oversize furniture in relation to undersized facilities. Furthermore, Hugo’s Moving shall not be liable in the event of any items become missing through mysterious disappearance or otherwise. Moreover, Hugo’s Moving shall not be liable in the event of “force major”.

7. SPECIFIC LIABILITY EXEMPTION: Hugo’s Moving shall be limited in its liability of the move, and specifically shall not be liable for the following unplanned happenings namely: glass already cracked or chipped, unframed glass doors and etc., contents of any containers are packed by customer; any articles, equipment, etc. not properly prepared by the customer prior to moving; any kind of help by the customer or any other authorized person by the customer; any furniture or equipment moved full with contents therein; any “assemble yourself” furniture or otherwise held together with tied joints fasteners; furniture designs of unique or fragile nature such as glass on glass, glass on metal, glass legs and etc.; any damage done by any liquid or powder the property of which is owned by the customer, any damage caused by defective, weak and etc.; joints or mechanicals connecting devices: any previously repaired defects, any material or fabric that is weak due to wear or age, any finish still wet or soft, any mechanical or electronic function of any equipment, live plants, soft tile flooring, anything packed in or with common plastic garbage bags; oversized furniture and items that have to be man maneuvered through small or tight passageways will be at owner’s risk. Hugo’s Moving will not be responsible for such items or passageways. 

8. PAYMENT TERMS: a. Prior to the commencement of the work: the customer agrees to pay not less than $150 (deposit) or as requested by Hugo’s Moving hereunder or projected based on the work to be performed.  b. After the commencement of the work: the customer agrees to pay the full cost of the provided services. The customer must pay solely according to the following method of payment: by cash, Visa or Master Card before the truck leaves for the destination or at the time of the request. Should the payment for the aforesaid services to maid on a credit card, the customer agrees to allow Hugo’s Moving to make charges for any and all occurrences giving rise to this contract which has been duly executed by the customer.

9. INDEMNIFICATION CLAUSE:  The customer agrees to indemnify Hugo’s Moving for any damage or loss it sustains as a result of the customer failing to provide suitable facilities without limiting the generality of the foregoing clear driveways, roads leading to the workplace and such further and other facilities as may be required. Finally, the customer agrees to specifically indemnify and save Hugo’s Moving harmless for any and all charges occasioned with including liens, levies, and assessments, regulatory or by-law infractions and any other penalty giving rise to the company performing the service on behalf of the customer.

 

 

 

Part Two

 

 

Limitation of Liability:
The amount of any loss or damage for which the carrier may be liable shall not exceed $.60 cents per pound per article computed on the total weight of the shipment unless additional coverage is purchased.

1. Liability of The Carrier:
   The carrier of the goods herein is liable for any loss or damage accepted by him or his agent, except as herein provided.

2. Exceptions from Liability
   The carrier shall not be liable for:

1. Loss, damage, or delay to any of the goods described in the Bill Of Lading caused by an Act Of God, The Queen’s or public enemies, riots, strikes, a defect or inherent vice in the goods, mechanical breakdown, extreme weather conditions, the act of default of the consignor, owner or consignee, authority of law or quarantine.

2. Damage to fragile articles that are not packed or unpacked by representatives of Hugo’s Moving, included: Marble, glass, mirrors, pictures, lamps etc.

3. Damage to mechanical, electronic or other operations of radios, stereos, clocks, appliances, musical instruments, computers, software, DVDs, CD’S, Disc’s, irrespective of who packed or unpacked said articles.

4. Deterioration or damage to perishable food, plants or animals.

5. Loss of contents of consignor packed articles unless the containers used were opened for the carrier’s inspection and articles are listed on the Bill Of Lading and receipted for by the carrier.

6. Damage to or loss of a complete set or unit when only part of such set is damaged or lost in which event the carrier shall only be liable for repair or recovering of the lost or damaged piece or pieces.

7. Damage to the goods at place or places of pickup at which the consignor or his agent is not in attendance.

8. Damage to the goods at place or places of delivery at which the consignee or his agent is not in attendance and cannot give a receipt for the goods delivered.

1. Delay
   Failure by the consignee to accept delivery when tendered within the time specified on the Bill Of Lading shall render payment for reasonable storage in transit, handling, and redelivery charges incurred by the carrier.

2. Stopping in Transit
   Where goods are stopped or held at the request of the party entitled to so request, the goods are held at the risk of the party.

3. Valuation
   Subject to Article 6 the amount of any loss or damage for which the carrier is liable, whether or not the loss or damage results from negligence of the carrier or the carriers employees or agents, is to be computed on the basis of the value of the lost or damaged article(s) at the time and place of shipment (including the freight and other charges if paid and the duty if paid or payable and not refundable) unless a lower value has been represented in writing by the consignor or has been agreed on between the parties to this Bill Of  Lading or is determined by the classification or tariff on which the rate is based, in any of which events such lower value is the amount that governs the computation of the maximum liability of the carrier.

4. Maximum Liability

1. The amount of any loss or damage computed under Article 5 must not exceed the greater of;

1. the value declared by the shipper, or

2. five dollars per pound computed on the total weight (based on cubic feet calculation) of the shipment, provided that if the consignor, in writing, releases the shipment to a value of $.60 cents per pound per article or less the amount of any loss or damage computed under Article 5 must not exceed such lower amount.

1. If paragraph (a) (i) or (ii) applies additional charges to cover the additional coverage over $.60 cents per pound per article must be paid by the consignor.

Note: In such instance, additional charges to cover the value declared above $.60 cents per pound per article will be paid by the consignee, consignor, and owner or authorized agent. The minimum declared value will not be less than five ($5.00) dollars per pound computed on the total mass of the shipment.

1. Articles of Extraordinary Value
   A carrier is not bound to carry any documents, currency, jewellery, antiques, specie or any articles of extraordinary value unless by a special agreement to do so. If such goods are carried without a special agreement and the nature of the goods is not disclosed on the face of this Bill Of Lading, the carrier is not liable for any loss or damage in excess of the maximum liability stipulated in Article 6 of this Bill Of Lading.

2. Notice of Claim

1. No carrier is liable for loss or damage to any goods carried under the Bill Of Lading unless notice setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of the loss or damage is given in writing to the carrier within 30 days after the delivery.

2. The final statement of the claim shall be filed with the carrier within nine months from the date of the shipment.

3. The party receiving the notice of a claim shall acknowledge receipt of the claim within 30 days of receipt of the claim.

1. Special Provisions
   a) Hugo’s Moving is not liable for any damage to assembled furniture manufactured from press wood or particleboard as it is not constructed to withstand the normal stress of a move as an assembled unit.
   b) Hugo’s Moving is not liable for any damage that may occur to lawns as a result of respecting the customer’s request of backing the truck off the roadway into driveways and on or across lawns.

2. Undelivered Goods

1. Where through no fault of the carrier the goods cannot be delivered the goods may be stored

1. In the warehouse of Hugo’s Moving Ltd. subject to a reasonable charge for storage or

2. in a public or licensed warehouse at the expense of the consignor, and subject to a lien for all freight and other lawful charges including a reasonable charge for storage.