Contract Terms & Conditions

For Local Moves within the State of Ohio

Your contract with Herlihy Moving & Storage is subject to all the rules, regulations, rates and charges as stated on the carrier’s estimate and OAM Tariff PUCO 51 found at www.puco.ohio.gov.

SECTION 1: The carrier shall not be liable for any conditions listed in paragraph (a) thru (k) regardless of any declared value state on the face of this estimate/bill of lading:

(a) For condition of flavor of perishable articles, objects of art, documents, currency, money, jewelry, watches, trading stamps, credit cards, precious stones, business records, computer hard drives and computer disks or articles of extraordinary value which are not specifically listed on attachments to the estimate, and loss or damage caused by or resulting;

(b) From and act, omission or negligence of shipper,

(c) From insects, moth, vermin and ordinary wear and tear.

(d) From defect or inherent vice of the article, including susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes therein;

(e) From (1) hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack (A) by any government or sovereign power, or by any authority maintaining or using military, naval or air forces; or (B) by military, naval or air forces; or (C) by an agent of any such government, power, authority or forces: (2) any weapon of war employing atomic fission or radioactive force whether in time of peace of war; (3) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating, or defending against such an occurrence, seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority or risks of contraband or illegal transportation or trade;

(f) From strikes, lockouts, labor disturbances, riots, civil commotions, or the acts of any person or persons taking part in any such occurrence or disorder.

(g) From Act of God

(h) From breakage of china, glassware, bric-a-brac or similar articles of a brittle or fragile nature unless packed by the carrier or unless such breakage results from negligence of the carrier.

(i) Should the consumer wish to increase the amount of reimbursement under this section, coverage may be available on a negotiated basis.

(j) The carrier reserves the right to repair damaged goods as a first course of action prior to reimbursement.

(k) The consumer warrants that no items of extraordinary value are being transported unless specifically listed. Items of extraordinary value are defined as items with a value in excess of one hundred ($100) per pound.

SECTION 2: The carrier shall not be liable for delay caused by highway obstruction, or faulty or impassable highways, or lack of capacity of any highway, bridge or ferry, or caused by breakdown or mechanical defect of vehicles or equipment, or from any cause other than negligence of the carrier nor shall the carrier be bound to transport by any particular schedule, means, vehicle or otherwise than with reasonable dispatch. Every carrier shall have the right in case of physical necessity to forward said property by any carrier or route between the point of shipment and the point of destination.

SECTION 3: Consumer shall:

(a) Be liable for any and all charges stated on the estimate and pay therefor,

(b) And indemnify carrier against loss or damage caused by inclusion in the shipment of explosives or dangerous articles or goods.

SECTION 4: If for any reason other than the fault of carrier, delivery cannot be made at address shown on the face hereof, or at any changed address of which carrier has been notified, carrier, at its option, may cause articles contained in shipment to be stored in a warehouse selected by it at the point of delivery or at other available points, at the cost of the owner, and subject to a lien for all accrued tariff and other lawful charges.

SECTION 5: As a condition precedent to recovery, a claim for any loss or damage, injury or delay, must be filed in writing with carrier within sixty (60) days after a reasonable time for delivery has lapsed. The carrier must acknowledge receipt of your claim within 15 days after receiving it and must respond to you within 30 days. Suit must be instituted against carrier within two (2) years and one (1) day from the date when notice in writing is given by carrier to the claimant that carrier has disallowed the claim or any part or parts thereof specified in the notice. Where a claim is not filed or suits is not instituted thereon in accordance with the foregoing provisions, carrier shall not be liable and such a claim will not be paid.

Pursuant to 4901:2-19-08(D)(16) “You have a minimum of sixty days from the date of the move to file a claim or any damaged or missing goods.  The carrier must acknowledge receipt of your claim within fifteen days after receiving it and must respond to you within thirty days.  If your complaint is not resolved after you have called the carrier, you may contact the Public Utilities Commission of Ohio for assistance at 1-800-686-7826 (toll free) or for TTY at 1-800-686-1570 (toll free) from 8:00 a.m. to 5:00p.m. weekdays or at www.puco.ohio.gov

SECTION 6: If a shipment is refused by consignee at destination, or if shipper, consignee or owner of property fails to receive or claim it within fifteen (15) days after written notice by United States mail addressed to shipper and consignee at post office addresses shown on face hereof, or if shipper fails or refuses to pay lawfully applicable charges in accordance with carriers applicable tariff, carrier may sell the property at its option, either (a) upon notice in the manner authorized bylaw, or (b) by public auction to highest bidder for cash at a public sale to be held at a time and place named by carrier, thirty (30) days’ notice of which sale shall have been given in writing to shipper and consignee, and there shall have been published at least once a week for two successive weeks in a newspaper of general circulation at or near the place of sale, a notice thereof containing a description of the property as described in the bill of lading, and the names of the consignor and consignee. The proceeds of any sale shall be applied toward payment of lawful charges applicable to shipment and toward expenses of notice, advertising, and sale, and of storing, caring for and maintaining property prior to sale, and the balance, if any shall be paid to owner of property; PROVIDED that any perishable articles contained in said shipment may be sold at public or private sale without such notices, if, in the opinion of carrier, such action is necessary to prevent deterioration or further deterioration. Rev. 1/12.

Additional Information

Equipment.  Our trucks come equipped with:

–60-75 furniture blankets

–5 straps to secure your items in the truck

–basic tools, box cart and refrigerator dolly.

Shrink Wrapping.  Our moving crew will shrink wrap upholstered items.  Leather items are blanket wrapped and then shrink wrapped.

Disassembly and reassembly.  Disassembly and reassembly of standard furniture is included.  If you have pieces that are more sophisticated (for instance have excessive amounts of fasteners such as Bunk and Loft beds, IKEA, Sauder, furniture made of particle board, etc.), please let us know.  Some require special tools, additional time or the services of a third party.

Breakables.  The customer should pack lamps, pictures, mirrors, electronics, marble tops and other breakable items in cartons for transit unless packing service has been purchased.  If packing service has been purchased, that will be noted on the first page of your contract.

Residence Protection.  Our moving crew will protect doorways, floors and handrails.  Carpet Shield is available for an extra charge.

Dedicated Move Coordinator.  You will be assigned a coordinator who will handle all the details of your move.

Timing of move.  Each move is different, discuss with your moving consultant the amount of time needed to complete your move.

Valuation/Transit Coverage.  You will be asked to fill out which level of protection you want.  Please discuss the different options with our moving consultant.  High Value Items (HVI)–items worth more than $100/lb. must be declared on a separate HVI form.  Examples include jewelry, firearms, furs, crystal, china, art, antiques, etc.

Payment.  Payment is due at time of delivery by cash, credit card or personal check.  A valid Ohio ID must accompany payments with check.  Credit card payments are subject to 3% processing fee.  Cash or certified check is required on all shipments delivering to a self-storage unit (unless operated by HMS). A $50 fee will be charged for returned checks.

Move Day.  You or someone you appoint should be present during the entire move to answer questions and do a final walk-through to confirm all items were loaded/unloaded.  Property damage (house, driveway, etc.) must be noted on the day of the move while the moving crew is present.  If any of your items (furniture, etc.) were damaged during the moving process, cargo claims must be filed within 60 days of delivery.

If there is a bathroom you prefer the moving crew use on the day of the move, please point this out to the crew leader.

If possible, the moving crew would like to have access to drinking water throughout the day.

If there are items that are not being moved (being sold with the house, disposed of, etc.) please color code these pieces ahead of time with painter’s tape or Avery labels.

Hazardous Materials.  We are unable to move or store hazardous materials such as gasoline cans, aerosols, fertilizer, propane tanks, etc.

Packing Tips If You Are Doing Your Own Packing:

All boxes should be filled to the top and sealed shut with plastic tape.

Clothing can be left in dresser drawers.

Label the outside of box with contents and the name of the room that it is going to.

Use these abbreviations to save time:

–MBR-master bedroom

–DR-dining room

–BR1, BR2, BR3, etc. for additional bedrooms

–KIT-kitchen

–GAR-garage

–BSMT-basement

–LR-living room

–FAM-family room

–UTIL-utility room

Please ask your moving consultant if you have any other questions or check out www.herlihymoving.com for other tips, training videos and FAQ’s.

For Interstate Moves through Mayflower Transit

If your move crosses state lines, additional terms and conditions may apply. Please consult your contract and this Mayflower Transit brochure, which outlines your rights and responsibilities during an interstate move.

As always, your Herlihy Moving Coordinator will be happy to answer any questions you may have. Thanks for choosing Herlihy Moving & Storage for your move!