Terms And Conditions

TERMS AND CONDITIONS

 

  1. The provisions of this Agreement, including the terms and conditions contained herein, represent the entire understanding and Agreement between Sentry Van Lines, Inc. (hereafter Sentry Van Lines) and Customer. This Agreement supersedes all other negotiations, understandings and representations (if any) made by and between such parties, including any representations made by any third party estimator. In the event of a discrepancy between the terms of any Estimate and the bill of lading, the terms of the bill of lading shall control. This Agreement may only be amended, supplemented or waived in writing, signed by both Sentry Van Lines, Inc. and Customer, making specific reference to this Agreement.
  2. Customer may not reassign its rights or obligations under this Agreement without the prior written consent of Sentry Van Lines.
  3. Nothing expressed or implied in this Agreement 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 relative 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 subrogation or action over or against any party to this Agreement.
  4. Customer has hired Sentry Van Lines solely as a moving coordinator/shipper agent/broker; not to handle inventory or otherwise participate in the move. As a shipper agent only, Sentry Van Lines is not responsible for any acts or omissions of the Carrier or its employees or agents. In the event of a problem, Customer must deal directly with the Carrier for and and all claims, including property damage and/or loss, personal injury and/or death, delayed pickup or delivery, actions of estimators, drivers, packers or movers, or other types of claims, without limitation. Sentry Van Lines will attempt to act on behalf of the Customer in resolving any claims or delay issues with the Carrier. The Carrier’s 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¢) per pound multiplied by the actual weight (in pounds) of the lost or damaged article; or (c) the lump sum declared value.
  5. As a properly licensed interstate moving coordinator/shipper agent/broker, Sentry Van Lines is not a motor Carrier and will not transport an individual Customer/shipper’s household goods; but will organize and and arrange for the transportation of household goods by any FMSCA authorized motor Carrier, whose estimated and final charges will be determined by the Carrier’s published tariff, available for inspection from the Carrier upon request.
  6. Full replacement insurance, to be billed separately, is available upon request from Sentry Van Lines via an insurance provider of its choice. The insurance is not part of the original deposit. A policy number must be issued and insurance paperwork must be signed by the Customer and returned to Sentry Van Lines prior to pickup and/or pack dates in order to process a claim.
  7. Any and all legal documents pertaining to this Agreement must be filed in Yellowstone County without exception.
  8. Customer will be subject to all applicable laws and the general terms and conditions of the Carrier’s contract, including, without limitation, payment in full before unloading of the goods in accordance with the Carrier’s lawful lien on the property.
  9. Cancellation Policy. As the customer, I agree to pay the total charges for the moving organizer services to be provided by Sentry Van Lines, Inc. I understand that my deposit/fee represents only a fraction of my total estimated service charges. The deposit for this move is FULLY REFUNDABLE from the point of reservation up to 72 hours before the fist available pickup day outlined on the estimate. If I cancel within 72 hours of my first available pickup date my deposit is NON REFUNDABLE and will be held as a credit for ONE calendar year for any future Interstate Move with Sentry Van Lines Inc. If the credit is not utilized, the deposit will be refunded at the end of the calendar year. All refunds will be processed by the next billing cycle. I understand that if I refuse pickup by the carrier I am forfeiting my deposit.
  10. f Customer has elected a “not to exceed cost” price, the total cost will not exceed the estimated amount; provided, however that Customer provides Sentry Van Lines with an accurate description of the items to be moved and services to be performed. If Customer has requested to have an estimate provided for his/her household goods relocation, in accordance with 49 CFR §371.113(c)(1), Customer agrees to waive a physical survey of the household goods, and alternatively agrees to receive a binding estimate based upon the shipper provided item list of property to be transported. If any additional pieces, packing services, 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. 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.
  11. Sentry Van Lines reserves the appropriate truck space and covers all overhead costs of taxes, tolls, labor, etc. If at anytime Customer edits inventory to have less volume than estimated, your binding estimate or booking fee is non-refundable.
  12. 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.
  13. Customer shall indemnify and hold harmless Sentry 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.
  14. It is agreed by the parties as mandatory that this Agreement shall be governed by the internal laws of the state of Montana 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 Montana in Yellowstone County or the Court of the United States, southern district of Montana in Yellowstone County, Montana. If any party does not have a registered agent to accept service of process in Montana or is not otherwise subject to service after reasonable attempts, then such party agrees to accept service of process by U.S. mail.a
  15. In the event of any controversy arising under or relating to the interpretation or implementation of this Agreement or any breach thereof, Sentry Van Lines shall be entitled to recover all of its court costs, collection fees, expenses and reasonable attorney’s fees (including, without limitation, all pre-trial, trial and appellate proceedings), in addition to any other fees to which it may be entitled. In the event that Sentry Van Lines pursues the collection of any amounts due to it under this Agreement, Sentry 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.
  16. All pickup, load and/or delivery dates are only estimates. Sentry Van Lines will not be responsible for loss or damages incurred by unavoidable delay. Sentry Van Lines will act on the behalf of the Customer in resolving any claims or delay issues with the Carrier. No guarantees are offered or implied regarding pack, load, and/or delivery dates.
  17. Motor Carrier neutral arbitration program: the motor Carrier’s 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. If arbitration is chosen, decisions made by the arbitrator may be binding and 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. 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.
  18. If at anytime Sentry Van Lines gives a guarantee delivery date and the company is unable to deliver to date for unforeseen reason, the Customer will be reimbursed $30.00 per day until inventory items are delivered. The Customer agrees and understands that Sentry Van Lines is not a Carrier and is not liable for items in transit. Once the contract is signed by the assigned Carrier, all further reimbursements than the daily allowance of $30.00 from Sentry Van Lines will be pursued by the Customer to the Carrier. All lawsuits, reviews, and D.O.T. complaints should be filed against the Carrier. Sentry Van Lines is not responsible from the time of pick-up.
  19. Upon booking, up to 60% deposit plus the binding estimate fee is required to be paid via credit card, check by phone, ACH or wire transfer. If at anytime there is a revision made to the estimate that requires an additional payment, Sentry Van Lines will accept only a check-by-phone or ACH payment from the bank of the Customers choice. Upon pickup, Carrier will collect up to 50% of the remaining balance. Payment will be due in the form of cash, certified check, or cashier’s check. The remaining balance must be paid in full upon delivery, by cash or post office money order. If at anytime a credit card is authorized for pick up or delivery please be aware that a 3%-10% charge may occur for processing. 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.
  20. Overseas interstate shipments (anything outside of the continental U.S.A., including Alaska, Hawaii and Puerto Rico) rate excludes any storage, custom duties and taxes (if applicable), additional clearances by other governmental offices, demurrage, detention and any added charges for other than normal access delivery. In addition, shipments must be paid by money order or wire transfer before the shipment leaves the origin port unless the Carrier specifies otherwise. Carrier may determine forms of acceptable payment.
  21. The Customer understands and agrees that if the Customer fails to execute or return this Agreement, by allowing a Carrier designated by Sentry Van Lines to pick up the Customer’s belongings, the Customer expressly agrees and consents to the terms contained in this Agreement and will forfeit their deposit and scheduled pick up date.
  22. 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 hereunder, the move, or any course of conduct, course of dealing, statements (verbal or written) or actions of Sentry Van Lines or the mover. Customer acknowledges that this waiver constitutes a material inducement to Sentry Van Lines to enter into this Agreement.
  23. The Carrier responsible for picking up and delivering the household goods of the Customer has up to 30 business days to deliver the household goods of the Customer. If goods are not delivered within 30 days, Carrier is responsible for any and all late fees due to Customer, regulated by the D.O.T. Sentry Van Lines will not be held accountable by the Customer in any legal or civil action for late fees or inconveniences to the Customer.