BOULDER ALL STAR MOVERS, LLC
1729 Majestic Drive, Suite #4
Lafayette, CO 80026
US DOT No. 2842456 / CO PUC Mover Permit No. HHG-00473 / MC-56178
Boulder All Star Movers, LLC is registered with the Public Utilities Commission of the State of Colorado as a House Hold Goods Mover. Permit No. HHG-00473
STANDARD TERMS AND CONDITIONS
This document contains important information about Your relationship with Boulder All Star Movers, LLC. Please read it carefully and familiarize yourself with its terms.
All services provided by Boulder All Star Movers, LLC (the “Company”) are expressly conditioned upon acceptance of all of the terms and conditions set forth below. Any additional or different terms or conditions, whether set forth verbally, in writing, or in any previous or subsequent communications are hereby objected to by the Company and void. The Company reserves the right to modify these Standard Terms and Conditions at any time, upon notice to You, the shipper (referred to herein as “You” or the “Shipper”), and You agree that the Standard Terms and Conditions in effect at the time of purchase shall govern all services performed by the Company unless You agree and sign a written amendment. The Company and You are sometimes referred to herein as the “Parties”. These Standard Terms and Conditions and the documents referenced herein shall constitute the entire agreement between the Parties with respect to all services performed by the Company (the “Agreement”).
1. Hourly Rates.The Company bills hourly for its services from the time its representatives leave the Company’s dispatch center to the time they return to the dispatch center. Your initial booking shall set forth the number of hours You book and the applicable hourly rate. At five minutes beyond the last hour quoted shall be billed as a half-hour of additional time at the quoted hourly rate. At thirty-five minutes beyond the last hour booked shall be billed as a full-hour of additional time at the quoted hourly rate. In the event You request or require the Company’s representatives to provide services beyond those indicated in the initial booking, the Company will require payment for any additional service hours via credit card or check. The Company requires a two-hour minimum purchase and will only refund unused hours beyond the two-hour minimum.
2. Appointment Form & Bill of Lading.The Appointment Form & Bill of Lading You complete via the Company’s website is the document which sets forth all items which will be transported by the Company. Any item that You desire be moved, must be clearly identified on the Appointment Form & Bill of Lading. The Company will not transport any items (including boxes) which are not clearly identified and set forth on the Appointment Form & Bill of Lading and only those items specified will be allowed on the truck. It is the Shipper’s responsibility to ensure that the Appointment Form & Bill of Lading are complete and accurate before submitting the same to the Company or purchasing any services. By listing an item on the Appointment Form & Bill of Lading, You represent and warrant to the Company that You are the true and lawful owner of the item with full right and authority to authorize the Company to move such item. By purchasing the Company’s services, You are giving us permission to enter Your home, office, storage unit or other facility for the purpose of performing the contracted services. You also give us permission to operate in a manner necessary to complete the job with the proper methods and equipment dictated in the sole discretion of the Company.
3. Quoted Rates & Times are Reservations Only.All online quotes or phone service requests are reservations only and do not constitute an estimate that the Company’s services can be performed within the time reserved, and are subject to change based on the actual quantity and weight of household goods shipped, distance traveled, long carry, inaccurate data You provide, or any items or circumstances not previously discussed or indicated on Your Bill of Lading. You acknowledge and agree that all information You provide to the Company is true and accurate to the best of Your knowledge information and belief. The Company provides a quoted rate and will plan and prepare for Your move based on the time you reserve and the information You provide. The Company is not responsible for any inaccuracies. The Company reserves the right to charge additional amounts for services, household goods load, box count or other items not clearly indicated on Your Bill of Lading.
By purchasing the Company’s services, You agree that the Company makes no guarantee that Your move can be completed within the reserved time.
4. Paper Estimates.Any service estimate or quote provided outside of the Company’s online system will state that it is either BINDING or NON-BINDING depending on the type of estimate. Any such paper estimates shall require a twenty-five (25%) nonrefundable upfront deposit.
BINDING estimates will include all charges. NON-BINDING estimates will give You a range of pricing depending on different variables affecting the move including but not limited to, time duration of the move, stairs, distance traveling, long carry, items not mentioned or listed on the Bill of Lading or appointment form or anything not discussed prior to the move in the Company’s sole discretion.
NON-BINDING estimates subject to change including but not limited to additional charges, fees, taxes, permit charges or any monetary value that might be incurred while completing Your requested service. If You sign a BINDING estimate and request additional services not stated on Your estimate or Bill of Lading, You agree to pay for all services and new charges beyond Your original estimate and agree to pay for all additional charges and fees.
5. Waiver of Physical Survey.You hereby acknowledge and agree to waive any and all rights under any applicable Federal Motor Carrier Safety Administration’s regulations and the Colorado Public Utilities Commission to require the Company to prepare any estimate based on a physical survey of Your goods. Any estimates prepared by the Company shall be based on the Appointment Form and Bill of Lading You prepare and the information You provide to the Company and not on any physical inspection.
6. Walk-Through, Property Condition & Descriptive Goods Report. On the scheduled day of Your move, the Company will perform a walkthrough to determine the current location and status of each of the items to be moved per the Appointment Form & Bill of Lading. At this time the Company will complete a Descriptive Inventory Goods Report (“Report”). This Report will document the current state and condition of Your household goods, furniture, residence & property and allow the Company to determine if such items are safe to move, or have been compromised prior to our arrival. The Company reserves the right to refuse to move any item which it determines, in its sole subjective discretion, cannot be transported safely, securely, or in a manner that prevents further damage to the item. Additionally, the Company requires that You notify us in advance of any and all items or circumstances regarding the completion of the move.
You will be required to sign off on the Report as to the condition of Your items to and agree to waive insurance coverage and liability for any existing damage. By signing the report, You agree and commit to waiving these specific items from insurance and liability coverage and that Company will not be liable for any marks, scratches, structural damage or any notation of the condition of any item marked on the Report.
During the walkthrough process, Company will also complete a property condition (“report”). This report will document the current state of your property and notate any preexisting damages or defects. By signing this report, you agree to the current state of your property and waive all insurance or liability claims regarding the property conditions notated on this report.
7. Prohibited Items.The following items are prohibited and cannot be moved by the Company: hazardous materials, Pool tables, hot tubs, taxidermies, baby grand pianos, grand pianos, player pianos, flammables, compressed air, medical equipment, firearms, vehicles or motorcycles, cleaning supplies or products, uncrated slate, granite, marble or glass, containers full of liquids, waterbeds, organs, musical equipment, drugs or alcohol of any kind, toy homes, prescription drugs, illegal drugs, marijuana, or any state or federally illegal substance. The Company reserves the right to refuse to move any item as determined in its sole subjective discretion. If Company choses to move any of the prohibited items requested, you agree to waive all insurance or liability coverage on the item or from any other damage caused by or relating to the moving of the item.
8. No Protection Option.Shippers who would like the moving process to be expedited as much as possible, without use of the Company’s protection methods, including blanket wrap protection, door frame protection or other precautionary methods, may elect to complete a Full Liability Waiver prior to the Company’s performance of any services. This method is not recommendedsince we cannot ensure Your items make it safely to Your next location, without any of our precautionary methods and procedures. Any claims arising after the signature of this form will not be accepted. This form constitutes a full waivers all liability and damage that may be caused during the service contract including Your furniture, articles, home, apartment, office, or storage unit.
9. Service Contract Completion Form.Upon completion of the Company’s services, You will be required to sign our Service Contract Completion Form (“Completion Form”). The Completion Form constitutes Your acceptance of the Company’s services and acknowledgement that all items have been delivered safely to Your new location, the time and duration of the billing of the move is accurate, and that You have no damages, claims or missing items. The Completion Form terminates the Company’s service obligation to You and waives any further right to pursue any damages, insurance claims, or payment disputes. Any such claims or disputes must be raised with the Company prior to Your signing the Completion Form. Please be sure to inspect all household goods and items before signing.
10. Labor Services Only Option.Upon request, the Company may provide only labor help to load or unload a rental truck or container, or otherwise assist You with Your move. Labor help services consist of LABOR ONLY and do not include any vehicle, moving truck, moving equipment, boxes, or protection methods of any kind. If You purchase the Company’s labor help services only, You acknowledge and agree that no equipment, protective material, or cargo insurance on Your household goods, property or rental equipment will be provided by the Company.
In the event You contract with the Company for labor services only, You acknowledge and agree that neither the Company, nor its contractors, agents, or employees, shall be liable for the use of or damage to any Shipper provided vehicle, rental truck, container or POD. In the event the Company’s movers are hired to load or unload a Shipper provided rental truck or container, the Company shall have no responsibility or liability for any damage to the Shipper’s household goods, the integrity of the load, or any damages that may occur from shifting during transit or the loading or unloading process.
The Company’s labor assistance movers work at Your direction and, therefore, the Company is not responsible for any damage, bodily injury, scratches, misplaced or mis-crated items, or any damage to any personal items, property, rental equipment, or any items damaged, including but not limited to Your home, house, apartment, storage unit, office, flooring, carpet, walls, stairs or any other physical property not owned by Company. You must provide all protective and cargo securement material to ensure the safety of your cargo during transport.
11. Payment.You agree to make in payment in full to the Company via credit card or personal check payable to “Boulder All Star Movers, LLC” at the time of the completion of the Company’s services and, in no event, more than 72 hours after completion. You agree to pay for all hours of service rendered unless disputed in writing to the Company within 48 hours of Your scheduled appointment. Any payments not received within 72 hours of the completion of the Company’s services shall be charged interest at the rate of 1.5% per month. Payments via credit card or debit card shall be charged a 4% processing fee added to the total amount billed for the services. Cash payments for the Company’s services are prohibited. Any cash given to the Company’s representatives will be considered a tip and shall not be applied to any balance owed to the Company for its services.
Except for the nonrefundable paper estimate deposit referenced in paragraph 4, the Company’s services are fully refundable, minus the 4% transaction fee for credit card payments, only up to 48 hours in advance of Your scheduled appointment. The Company will make reasonable efforts to accommodate changing customer needs, but any changes within 48 hours of Your scheduled appointment time are not guaranteed nor refundable. If You need to reschedule Your move date or time, You will have a limit of two reschedules. If Your final reservation still does not work after rescheduling twice, Your order will be non-refundable and final.
In the event of non-payment or a fee dispute, the Company reserves the right to hold Your items pending further transportation. In the event the Company retains possession of Your items, Your items will remain in truck or be brought back and stored at the Company’s headquarters located at 1729 Majestic Drive, Suite #4, Lafayette, CO 80026 and incur additional storage charges of up to $150 per day.
12. Use of Third-Party Shippers.The Company may require a third-party company to ship, organize, transport, or otherwise assist in providing the contracted services. You agree that the Company may, in its sole subjective discretion, contract with any such third-parties as necessary to complete Your move. You further agree that any liability resulting from the participation of any third-party Shipper shall first be submitted to any applicable third-party’s insurers. In no event, shall the Company be liable for any liability relating to Your household goods that is covered by any third-party insurer. You further agree to cooperate with the Company to submit any insurance claim to any third-party or use third party insurance when applicable.
13. Weather & Preparation.The Company retains the right to cancel or reschedule any moving services when weather or other conditions would endanger the health and safety of our movers, as determined in the sole discretion of the Company. In the event of a cancellation by our company, all funds paid to Company for the cancelled services will be refunded.
Any time there is adverse weather, especially snow or ice, the areas to be used in the relocation MUST BE PREPARED by the Shipper to allow us to safely perform our services. Any driveway or truck access location that is covered in snow or ice or anything that prevents our trucks from safely accessing the loading/unloading area will delay the process, and will result in increased hourly charges. You must plow, shovel or clear Your loading and unloading areas, especially driveways, so our trucks can safely access the area. If the area is not prepped or safely accessible as dictated in the sole discretion of the Company, we will spend time, on the clock to shovel, apply ice melt, or may have to wait until the driveway or loading areas are clear.
The Company will retain no liability or responsibility to any damage caused to driveways or loading areas while cleaning or removing any debris, snow or other material. You will be billed for all time our movers spend prepping the area to make it safe to conduct the relocation. If You do not wish to pay us to make the area safe, You will have the option of cancelling the job, in which case You will be refunded half of Your quoted relocation fees. If extra material is needed to complete or safely secure the loading or unloading areas, You will be charged an additional hour for accessorial charges or fees.
14. Force Majeure.You acknowledge and agree that the performance of the Company’s services may be impacted or delayed by certain Force Majeure Events, or other events beyond Company reasonable control, that may cause an increase or decrease in the cost of, or the time required for, performance of any part of the services under this Agreement.
For the purposes of this Agreement, “Force Majeure Events” include strike, lockout, earthquake, hurricane, flood, fire, or other acts of God or nature, war, rebellion, civil disorders, acts of terrorism, laws, regulations, acts of civil or military authorities (including the denial or cancellation of any necessary license or the modification, change, addition or repeal of any applicable law or regulation impacting any services), unavailability of materials, carriers, or communications facilities, and any other unforeseeable causes beyond the reasonable control of the Company. In no event shall the Company be responsible for, or liable to, the Shipper or any third-party as a result of any delay, interruption or failure resulting from any Force Majeure Event. However, the Company shall use reasonable efforts to minimize the consequences of any Force Majeure Event.
15. Cargo Coverage.Colorado law requires that the Company provide at least the two cargo valuation options available to the Shipper. Please elect the cargo valuation option You elect by selecting the desired coverage on Your Bill of Lading and Appointment Form.
a. Released Value Option: This option allows the calculation of the value of loss or damage to household goods shipments to the lesser of: (i) a value equal to sixty cents ($0.60) per pound per lost or damaged article; or (ii) the value of the lost damaged article less depreciation for age and wear. This is the standard option when purchasing the Company’s services and is provided at no additional cost to You.
b. Full Replacement Cost Option. This option shall allow a Shipper to recover the full replacement cost for loss or damage to household goods shipments. This option requires You to: (i) declare the value of the shipment; (ii) specify a deductible; (iii) requires the Company to be liable for the full replacement cost of each lost or damaged article up to the declared value of the shipment; (iv) permits You to purchase additional insurance coverage from the Company’s insurance program; and (v) if You declare a value that is less than the value of the shipment, the Company’s liability for each lost or damaged article will not exceed the proportional value of the article when compared to the declared value of the entire shipment.
The Company’s Full Replacement Cost packages are offered to ensure a specific amount of coverage is placed on Your household goods during Your move. When purchasing our Coverage options, make sure to be very specific as to the total value You would like to declare. You will be fully covered up to the maximum amount under the coverage package You have purchased. Boxes, totes, bags or crates not packed by the Company are automatically covered by .60 cents per pound and will not be covered in any way by full value coverage or protection.
Full Value Protection is a protection policy that will: 1). Repair the article to the extent of condition it was in before we arrived and stated on Your inventory form. 2). Replace the article with an article of like, kind and quality, or pay for the cost of a similar replacement minus depreciation. This type of coverage is only for the items or articles damaged by the Company and not assessed by the weight of Your total shipment. This coverage will only apply to the specific article damaged or destroyed by the Company. Items of Extraordinary Value are strictly prohibited from Full value coverage and will not be covered in anyway. (Extraordinary Value Items: Items of $100/Per pound or more in, actual, market or theoretical value) (Jewelry, currencies, notes, antiques, custom made equipment or fixtures are strongly discouraged from being transported and will not be covered under any insurance claims.)
c. Full Replacement Cost Coverage Options. If You have elected the Full Replacement Cost Option (Full Value Protection) the Company will offer options identified on the Full Value protection page on Companies website (www.Boulderallstarmovers.com) and you will need to purchase the desired option with your job order. Please select the coverage level you elect by indicating the same on Your Bill of Lading and Appointment Form. If you purchase Full Value protection on a paper estimate, your signature will signify the stated Full Value protection for your job.
If You chose not to purchase any additional Full Value Coverage separately stated on Your Appointment Form & Bill of Lading, You will be defaulted to the Company’s no cost Released Value Option.
This coverage is only for the household goods or items that are being transported by Company and does not cover any property, items, personal injury, medical costs, attorney’s fees, or anything item not indicated on Your Appointment Form & Bill of Lading.
16. Exclusions & Limitations of Cargo Coverage. Items that are not clearly identified on Your Appointment Form & Bill of Lading are expressly excluded from liability or insurance coverage. In the event You fail to specify an item on Your Appointment Form & Bill of Lading and require the Company to move the item(s), You acknowledge and agree that the transportation of any such items shall be performed without liability or insurance coverage and no claims will be processed related to any such items.
In addition, insurance and liability coverage does not apply to any of the following:
a. Accounts, bills, currency, deeds, evidences of debt, notes, money, securities, jewelry, diamonds, wedding rings or bands, passports or other similar valuables;
b. Damage to live animals, taxidermies, trophies, statues or antiques made from animal parts or replicating an animal of any kind;
c. Paintings, art work, statuary or other works of art, custom built furniture, decorations or installations;
d. Loss of profit, loss of use, or loss of market;
e. Leakage, evaporation, shrinkage, breakage, heat or cold, or by being scented, molded, rusted, rotted, soured or changed in flavor or by bending, denting, chipping, marring or scratching;
f. Any personal injury to the Shipper caused by services rendered or any violation of the provisions of this Agreement;
g. Any personal, physical or proprietary damage caused by the Shipper’s use of any Company vehicles, equipment, engagement/ involvement in the move or any violation of the terms stated above;
h. Any box, crate, bag, tote, suitcase, furniture item or any package pre-boxed and sealed by the Shipper that is packaged unsafe or incorrectly or damaged caused by improper packing, normal shifting or intentional acts or involvement by the Shipper;
i. Any furniture or goods from Ikea or made of particle board, ply wood or custom built furniture;
j. Uncrated slate, glass, marble, granite or any material not properly packaged prior to the Company’s arrival dictated in Companies sole discretion;
k. Internal hard drives, software/hardware, internal electrical systems or any functionally of a device; and
l. Any items covered by any separate insurance policy maintained by the Shipper, including without limitation homeowners, storage unit, or auto policies. Any item covered by any such separate policy shall be submitted to the Shipper’s separate insurance carrier.
All cargo coverage claims require the receipt of purchase or proof of ownership and the value of the item claimed. All cargo claims must be made in writing and indicated on the Completion Form before signing. You may contact the Company at 720-308-0966 to address any claims.
Cargo coverage of Your goods and services has a max value of $50,000.00. Insurance claims from our standard no cost coverage or from any of our full value protections plans will never exceed the value of $50,000.00. If You are transporting goods with a value that exceed $50,000.00 You are assuming and taking all risks that any value of damage exceeding $50,000.00 will not be covered or claimed by the Company.
Consumer Advisement:The Company does not sell “Insurance.” Insurance can only be sold by an individual or business that is certified. The term “Insurance “or "Full Value coverage or Protection" means the level of liability our company will be liable for in the case that we damage or lose any of Your items during transportation. This type of liability coverage is different than that sold by a Certified Insurance Agent. Liability coverage is for Your goods and items during transit. The Company is not soliciting or selling insurance to You, rather placing liability limits on the goods it transports.
17. Limitation of Liability.
UNLESS OTHERWISE PROVIDED BY THIS AGREEMENT AND TO THE MAXIMUM EXTENT PROVIDED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, EMOTIONAL DISTRESS DAMAGES, A LOSS OF EARNINGS, PROFITS, PRODUCTS, DATA OR GOODWILL, ECONOMIC LOSS, DELAY, EXTENDED OVERHEADS, REGULATORY FINES OR PENALTIES AND ALL COSTS AND EXPENSES RELATED TO REGULATORY FINES OR PENALTIES, AND BUSINESS INTERRUPTION DAMAGES) IN ANY ACTION OR FOR ANY CLAIM OR CAUSE OF ACTION IN CONTRACT, TORT, INDEMNITY, OR ANY OTHER LEGAL OR EQUITABLE CLAIM OR CAUSE OF ACTION THAT SHIPPER MIGHT OTHERWISE BE ENTITLED TO ASSERT AGAINST THE COMPANY.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, OR FOR A CLAIM THAT IS COVERED BY INSURANCE REQUIRED TO BE MAINTAINED UNDER THIS AGREEMENT, THE COMPANY’S TOTAL AGGREGATE LIABILITY IN ANY ACTION OR FOR ANY CLAIM OR CAUSE OF ACTION IN CONTRACT, TORT, INDEMNITY, OR ANY OTHER LEGAL OR EQUITABLE CLAIM OR CAUSE OF ACTION RELATED TO OR ARISING OUT OF THIS AGREEMENT, OR THE COMPANY’S PERFORMANCE OF THE SERVICES HEREUNDER SHALL BE LIMITED TO THE FEES PAID BY OR DUE AND OWING FROM THE SHIPPER TO THE COMPANY PURSUANT TO THIS AGREEMENT.
18. Assumption of Risk, Release of Claims & Covenant Not to Sue. You agree During the entire moving process, You the client must be present at both the loading location & the unloading location, however, Your participation or assistance in the performance of the Company’s services is strictly prohibited. You acknowledge and agree that the services performed by the Company are dangerous and involve the significant risk of bodily injury, death, or damage to property. For these reasons, You understand that Your participation in the performance of the Company’s services is prohibited in order to prevent You from injuring Yourself or others. In the event You violate this Section 18 and participate or attempt to participate in the performance of the Company’s services, including without limitation by loading, unloading, lifting, moving any items or household goods, You knowingly and voluntarily assume full responsibility and liability for any risk of bodily injury, death, to Yourself or others, as well as any property damage, caused by, resulting form, or occurring in connection with any services You choose to perform in violation of this Section 18.
As a material inducement for the Company to perform its services under this Agreement, You hereby release and forever discharge the Company, and irrevocably and unconditionally covenant and agree for and on behalf of Yourself, Your successors and assigns that You will not file or cause to be filed a lawsuit or other legal proceeding, or otherwise assert any claim against the Company, arising from or relating to any damages, losses, or injuries You may incur or sustain as a result of Your participation in the services provided by the Company in violation of this Section 18.
BY SINGING BELOW YOU AGREE THAT YOU HAVE CAREFULLY READ THIS SECTION 18, UNDERSTAND ITS CONTENTS AND KNOWINGLY AND VOLUNTARILY AGREE TO ITS TERMS.
19. Indemnification.To the maximum extent permitted by law, Shipper will defend, indemnify, protect, and hold harmless Company, its officers, directors, employees, agents subsidiaries and affiliates (collectively the “Company Indemnified Parties” and each a “Company Indemnified Party”) from and against any and all claims, losses, liens, demands, reasonable attorneys’ fees, damages, liabilities, reasonable costs, out-of-pocket expenses, obligations, causes of action, or suits by any third-party against any Company Indemnified Party (collectively, “Claims Against Consultant”) that are caused by, arise out of, or are connected in any way with: (i) negligent acts or omissions or willful misconduct, whether active or passive and whether actual or alleged, of Shipper or its employees, subcontractors, or agents; (ii) property loss, damage, personal injury, or death, caused in any way by Shipper, or any of Shipper’s employees, subcontractors, or agents; (iii) acts inconsistent with Section 18 above; (iv) claims relating to ownership of property or theft; and (iv) any services performed by any Company Indemnified Party, except those caused by any Company Indemnified Party’s sole negligence or fault or willful misconduct.
20. Binding Arbitration for Certain Disputes.In the event of any dispute between the Parties regarding the amount charged for the Company’s services or lost or damaged goods, You have the right to elect that such dispute be submitted to binding arbitration under the uniform rules for better business bureau binding arbitration or a substantially similar binding arbitration process promulgated by the council of better business bureaus, incorporated, or its successor organization. In the event You do not wish to submit the dispute to binding arbitration pursuant to this section 20 and C.R.S. § 40-10.1-507, Your dispute shall be subject to the dispute resolution procedures set forth in Section 22(h) below. Any dispute between the Parties that does not relate to the amount charged for the Company’s services or lost or damaged goods shall be resolved in accordance with Section 22(h) below. ALL CLAIMS REGARDING AN INTRASTATE MOVE ARE SUBJECT TO BINDING ARBITRATION MANDATED BY THE COLORADO PUBLIC UTILITIES COMMISSION.
In accordance with the Federal Motor Carrier Safety Administration regulations, any claim arising out of or involving this Agreement regarding an INTERSTATE move with a claim or dispute of value of $10,000.00 or less will be subjected to binding arbitration in accordance with this Section 20. Any claim arising out of or relating to this Agreement and an INTERSTATE move with a value of over $10,000.00 is not subject to arbitration and shall be resolved in accordance with Section 20 below.
21. Notices. Any notice required under this Agreement shall be sufficiently given when personally delivered, sent via United States certified mail, return receipt requested, via overnight courier with receipt verification, or via email to the Company at: 1729 Majestic Drive, Suite #4, Lafayette, CO 80026, 720-308-0966, boulderallstarmovers@gmail.com, or to Shipper at the contact information indicated below their signature to this Agreement.
22. General Provisions.
a. These Standard Terms and Conditions and the documents referenced herein (which are hereby incorporated by reference) constitutes the full and entire Agreement between the Parties and each such Party acknowledges that there is no other agreement, oral and/or written, among the Parties hereto relative to the subject matter of this Agreement. It is further understood that the terms of this Agreement are contractual and not mere recitals.
b. Each signatory hereto warrants and represents that he or she is authorized to sign this Agreement and to bind the Party for whom he or she signs. The Parties hereto warrant and represent that they have obtained all necessary authority from their officers, directors, shareholders, members, and/or any other person or entity to enter into this Agreement.
c. All Parties to this Agreement agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement.
d. Each Party agrees, understands, and acknowledges that they are not relying upon any inducement or representations made by the other Party, or any other Party except as provided herein; that they are not entering into this Agreement under duress, but are doing so as their free and voluntary act; that they each have sought independent legal counseling respecting their legal rights; that they are entering into this Agreement with the full knowledge of the consequences thereof; and that each of them agrees to perform in accordance with the terms of this Agreement.
e. Should any dispute arise concerning the meaning or construction of any term or terms of this Agreement, no term of this Agreement shall be construed for or against any Party as the drafting Party.
f. If any portion of this agreement shall be held void or unenforceable for any reason or at any time, such portion shall be severable from the remainder of the Agreement, which Agreement shall remain in full force and effect.
g. This Agreement shall be binding upon and inure to the benefit of the Parties to this Agreement and to their respective assigns, agents or successors in interest.
h. In the event of a breach by either Party under this Agreement or any other claim arising out of or relating to this agreement, the breaching Party shall pay the reasonable costs and attorney fees incurred by the non-defaulting Party in connection with enforcing this Agreement. THE PARTIES HEREBY AGREE THAT ANY ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT THAT IS NOT SUBJECT TO BINDING ARBITRATION IN ACCORDANCE WITH SECTION 20 ABOVE SHALL BE HEARD BY A COURT SITTING WITHOUT A JURY AND, TO THE EXTENT PERMITTED BY LAW, WAIVE ALL RIGHTS TO A TRIAL BY JURY. Any such enforcement action shall be filed exclusively in a state court of competent jurisdiction located in Boulder County, Colorado or a federal court of competent jurisdiction located in Denver County, Colorado.
i. This Agreement may be executed in counterparts, with the same force and effect as if executed in one complete document. Each such counterpart shall be construed as an original. Facsimile signatures or signatures exchanged through electronic mail (e-mail) shall be equally as binding as originals.
j. Any Party’s failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
k. This Agreement may not be modified or amended, except in writing signed by all parties hereto.
l. This Agreement shall be construed, interpreted, and enforced in accordance with the laws of the State of Colorado without reference to Colorado’s choice of law.
[SIGNATURE PAGE AND CONSUMER ADVISEMENTS TO FOLLOW]
ACCEPTANCE OF BOULDER ALL STAR MOVERS, LLC
STANDARD TERMS AND CONDITIONS
By accepting Boulder All Star Movers, LLC services, signing below, and/or accepting these terms from our website (www.boulderallstarmovers.com) You expressly agree to adhere to and be bound by this Agreement and all of the Standard Terms and Conditions for the duration of all services performed by Boulder All Star Movers, LLC and that you have been provided a copy of the Consumer Advisement and FMCSA brochures indicated on the following page.
PLEASE REVIEW AND ACKNOWLEDGE THE CONSUMER ADVISEMENT ON THE FOLLOWING PAGE
CONSUMER ADVISEMENT PURSUANT TO 4 C.C.R. § 723-6
Intrastate movers in Colorado are regulated by the Colorado Public Utilities Commission (PUC). Each mover should have a PUC permit number. You are encouraged to contact the PUC to confirm that the mover You are using is indeed permitted in Colorado.
A mover that is not permitted may not withhold any of Your property to enforce payment of money due under the contract (‘carrier's lien’).
A mover must include its PUC permit number, true name, and physical (street) address in all advertisements.
You should be aware that the total price of any household move can change, based on a number of factors that may include at least the following:
Additional services You request at the time of the move;
Additional items to be moved that were not included in the mover's original estimate;
Changes to the location or accessibility of building entrances, at either end of the move, that were not included in the mover's original estimate; and
Changes to the previously agreed date of pickup or delivery.
You should also be aware that, in case of a dispute between You and the mover, Colorado has an arbitration process available to resolve the dispute without going to court.
If You have any questions, You are encouraged to call the PUC at (303) 894-2070 for guidance on Your rights and obligations.
I acknowledge that I have been given a copy of this consumer advisement to keep for my records.
Your Rights & Responsibilities When You Move [Regulated by the FMCSA]:
https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Rights-and-Responsibilities-2013.pdf
Ready to Move Brochure [Regulated by the FMCSA]:
https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/Ready_To_Move_Brochure_2006.pdf