These conditions outline the rights, obligations, and responsibilities of all parties to this Agreement. They may be modified or amended with prior written agreement. Please pay special attention to Clauses 8, 9, 10, and 11, which limit our liability.
- OUR SERVICES
- We agree to transport your packaged goods to the ocean and air terminal for shipment to the port of final destination and act only as your agent with respect to the transportation of said goods and do not act as a common carrier. You are authorizing us to employ the services of any steamship line or any certified common carrier(s)of our choicewhen in our opinion such services are necessary to transport the property to destination herein designated.
- Our international full-service shipping proposals include the service of clearing customs by a customs broker unless otherwise indicated. The service does not include customs duties, inspections nor duties or taxes if applicable. It is your responsibility to ensure that the consignee’s name correlates with all documentation necessary for customs clearance (ex-passport, visa etc.). Customs regulations are subject to change at any time.
- CUSTOMS REGULATIONS
- Any information we may have provided is a brief summary of customs regulations applicable to household goods shipments to your destination and is occasionally being provided for general guidance to assist our agents and customers. Since such regulations are subject to change without notice, we cannot be held liable for any costs, damage, delays, or other detrimental events resulting from non-compliance.
- It is your responsibility to check with the local embassy or consulate for any regulatory requirements and obtain/ provide all documentation needed to facilitate their customs clearance.
- To ensure a seamless dispatch process, it is imperative that all necessary documentation is submitted prior to shipment. Failure to adhere to these regulations may result in the automatic incurrence of storage and warehouse handling costs, which will be charged in accordance with the initial quotation provided. Therefore, we strongly encourage customers to engage in comprehensive discussions with their Move Manager before the onset of the moving process, as this proactive approach can significantly mitigate the risk of unexpected expenses.
- PBO (GOODS ‘PACKED BY OWNER’)
- Shippers packing their own boxes or furniture have to follow the international shipping and safety guidelines. They should give a declaration on a form confirming that they are not shipping any banned items as follows and not limited to weapons, drugs, narcotics, explosives, artillery and ammunition, assault weapons of any kind, radioactive material, inflammable products or any articles of dangerous nature (basically anything apart from “normal” household goods and personal effects”.
- The shipper will be solely responsible for any prosecution that will take place from government agencies and customs departments at origin/destination etc if he or she ships such items. Also, this will conclude our contract with the shipper and ER will not be liable for any such activity. If the shipper still insists on shipping such goods, he/she will be responsible for providing a detailed packing list with all goods packed in each box. We will be glad to provide an empty template if so desired.
- PBO items are also subject to delays at customs and can get 100% searched/inspected by customs authorities. We will not be liable for any costs arising from such delays.
- PRICE REVISION DURING PICKUP
We may adjust the price or add charges DURING PICKUP if,
- The final number of items picked up deviates from the information provided at the time of quoting. Reasons may include:
- You missed reporting the items during initial consultation, verbal or in writing or during the visual surveys.
- You acquired more items after the booking.
- You voluntarily provide dimensions or quantity of the items that are inaccurate.
- Unforeseen circumstances arise that were not accounted for in our original estimate and confirmed by us in writing. These include:
- You do not accept our estimate in writing within 30 days, or the work is not performed or completed within three months.
- Our costs change due to currency fluctuations, changes in taxes, or freight charges beyond our control.
- The work is carried out on a Saturday, Sunday, on a public holiday, or outside of regular hours (8:00 AM - 6:00 PM), at your request.
- We are requested to collect goods from the third story (or above) from above the street floor by elevator or stairs [See clause 10.1.4 & 5].
- If you collect some or all of the goods from our warehouse, we reserve the right to charge a handling fee.
- We provide additional services, including moving or storing extra goods (these conditions apply to such work).
- When stairs, elevators, or doorways are inadequate for free movement of goods without mechanical equipment or structural alteration, or the approach, road, or driveway is unsuitable for our vehicles and/or containers to load or unload within 25 meters (75 feet) of the doorway [See clause 10.1.2].
- We incur parking or other fees to perform services on your behalf.
- Delays or events outside our reasonable control occur, increasing the resources or time needed to complete the agreed work.
- We agree in writing to increase our liability limit as set forth in Clause 14.1.
- PRICE REVISION DURING DELIVERY
- This section outlines the conditions under which price revisions may occur during delivery due to changes in location or additional services requested. If no delivery address is available at the time of booking, delivery location will be assumed to be within 30-mile radius from the from the Port of arrival. Additional charges will apply:
- The distance to the new delivery address exceeds 30 miles from the port of arrival.
- Delivery is to an island location.
- The work is carried out on a Saturday, Sunday, on a public holiday, or outside of regular hours (8:00 AM - 6:00 PM), at your request.
- We are requested to deliver goods to the third story (or above) from the street floor by stairs or elevator [See clause 10.1.4 & 5].
- If delivery location is not available once goods are ready for delivery and we have to take the shipment to our warehouse for delivery at a later date [See clause 10.1.3].
- When stairs, elevators, or doorways are inadequate for free movement of goods without mechanical equipment or structural alteration, or the approach, road, or driveway is unsuitable for our vehicles and/or containers to load or unload within 25 meters (75 feet) of the doorway [See clause 10.1.2].
- PALLETIZATION OF SHIPMENTS (SHARED SERVICES ONLY)
Palletization is the process of arranging and securing goods on a pallet—a flat, transportable platform— to facilitate efficient handling, storage, and transportation. This method allows for goods being transported in shared service to be bundled together, creating a stable unit that can be easily moved using forklifts or pallet jacks. Palletization enhances the organization of shipments, minimizes the risk of damage during transit, and optimizes space in storage facilities and transport vehicles. Additionally, it streamlines loading and unloading processes, significantly improving overall operational efficiency. By utilizing pallets, we can ensure that your belongings are not only protected but are also prevented from mixing up with other shipments, ultimately contributing to greater safety & security.
Under shared service, our prices typically are predicated on an estimated net volume, which serves as an initial approximation for budgeting purposes. However, the final invoice reflects the gross volume of the shipment, calculated using the cubic feet rate specified in the initial quote. This gross volume is determined by the actual dimensions of the shipment, measured after any necessary palletization of the cargo at our warehouse.
It is important to note from the above description that palletization is critical to ensure safe and efficient transport, which could alter the overall volume of the shipment. Typically, clients should anticipate an overage of approximately 25-30% above the net volume due to various factors, including the configuration of the items being shipped and the additional space required for securing and protecting the cargo during transit. This adjustment is crucial for accurately assessing the space occupied by the shipment and ensuring that logistical arrangements are adequately accounted for. Consequently, clients are encouraged to consider these variables when planning their budgets to avoid unexpected charges upon final invoicing.
- WORK NOT INCLUDED IN THE ESTIMATE
- Unless agreed upon in writing, we will not:
- Dismantle or assemble dressers, chest of drawers, trampolines, cabinets, armoires or wardrobes, buffets, shelves, complicated or IKEA-Type furniture.
- Dismantle or assemble unit or system furniture (flat-packed), fixtures, or fittings.
- Disconnect, reconnect, dismantle, or reassemble appliances, fixtures, fittings, or equipment.
- Remove or install fitted floor coverings.
- Move items from an attic, unless it is properly lit, floored, and provides safe access.
- Move or store any items excluded under Clause 17.
- Our staff are not authorized or qualified to perform such work. We recommend that you hire a properly qualified person separately to carry out these services.
- YOUR RESPONSIBILITY
- It will be solely your responsibility to:
- Understand that packing, loading, transporting and unloading activity create certain risks to my property and my person. In particular, property can be broken, dropped, scraped, torn, scratched, lost, etc., including risks of damages to carpets and hardwood flooring, fur or items lined with fur, particleboard furniture, firearms and/or ammunition and plasma/LED televisions. Therefore, the application of protective coverings on your property will be your responsibility unless any alternative arrangements are agreed upon with your Move Manager.
- Acknowledge that packing, loading, transporting and unloading activity create certain risks towards security of cash, checks, bonds, legal documents, passports, mobile phones, jewelry, deeds, coin and stamp collections, alcohol, and prescription medications, Therefore, undertaking proper measures to secure these items from being shipped will be solely your responsibility.
- Provide us, in writing, with the declared value of the goods being moved and/or stored. If it is later determined that the actual value of the goods is higher than the declared value, you agree that our liability under Clauses 8.1 and 8.2 will be adjusted to reflect the proportion of your declared value relative to their actual value. Refer to MOVING INSURANCE page on our website.
- Arrange sufficient insurance coverage for the goods for transport and/or storage, covering all insurable risks, as our liability is limited under Clauses 8.1 and 8.2. Refer to MOVING INSURANCE page on our website.
- Obtain, at your own expense, all documents, permits, permissions, licenses, and customs documentation necessary for the move to be completed.
- Be present, or have a representative present, during the pickup and delivery of the items.
- Ensure that an authorized signature is provided on agreed-upon inventories, receipts, waybills, job sheets, or other relevant documents to confirm the pickup or delivery of goods.
- Arrange appropriate protection for goods left in unoccupied or unattended locations, or where other individuals, such as tenants or contractors, are or will be present.
- Adequately prepare and stabilize all appliances or electronic equipment before they are moved. By acknowledging this article, in case of an improperly disconnected or improperly installed home appliance you, your heirs, successors, executors and subrogates, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS Earthrelo, its directors, officers, agents, employees and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees) for damages to your property or person resulting from our negligence during the move.
- Empty, properly defrost, and clean refrigerators and freezers. We are not responsible for the contents.
- Provide us with contact details of the person in charge during the transport and/or storage of the goods.
- Ensure, during final Walk-Thru with the foreman, all items are picked up or delivered as per the inventory. EARTHRELO will not be responsible for any items left behind at the premises or inside our truck.
- Except in cases of our negligence or breach of contract, we will not be liable for any loss, damage, costs, or additional charges that may arise if these responsibilities are not met.
- CANCELLATION POLICY
PRECENTAGE OF REFUND | TIME FRAME |
---|
After 9% deduction |
100% | 6 or more calendar days prior to moving date. |
50% | Within 2-5 calendar days of the move date. |
0% | Within 1 calendar days of the move date. |
- ACCESS CONDITIONS AND POTENTIAL CHARGES
- Conditions of Normal Access:This quotation is predicated upon the assumption of normal access, expressly excluding any supplementary charges that may emerge from conditions deemed abnormal. The designation "Normal Access" encompasses an optimal scenario defined by the following criteria:
- SHUTTLE[Direct Arrival]: The moving company’s vehicle or semi-trailer arrives directly at the client’s designated location for singular transit. This process involves transporting the shipment via a secondary, typically smaller vehicle.
- LONG CARRY[Proximity for Loading and Unloading]: Normal Access assumes direct vehicle access to the client's location within a specified distance (typically 25 meters or 75 feet) of the entry point. Any deviations from these conditions may result in additional fees. This distance consideration includes any necessary travel via elevators.
- WAREHOUSE HANDLING: There exists no requirement to process the shipment through a warehouse intermediary.
- STAIR CARRY[Limitations on Stair Traversal]: The engagement does not necessitate the negotiation of more than two flights of stairs, with each flight limited to a maximum of 10 stairs.
- ELEVATOR CARRY:The transportation process is devoid of any reliance on elevators.
- HOISTING[Prohibition of Window or Balcony Deliveries]: Deliveries do not necessitate the hoisting of items through windows or balconies.
- Conditions of Abnormal Access:Should any of the aforementioned criteria remain unfulfilled, additional charges categorized as "abnormal access" may be incurred. These charges can vary considerably based on geographical location and jurisdiction. Consequently, it is strongly advised that clients inform their Move Manager at the earliest opportunity—preferably prior to the initiation of the relocation—to facilitate the pre-negotiation of potential charges and thereby mitigate unforeseen expenses.
- DELAYS DURING PICKUP OR DELIVERY
While maintaining the agreed schedule of pickup or delivery is our foremost priority, there are factors that can pose challenges to fulfill our commitments, such as:
- Highway obstruction, faulty or impassable highway, lack of capacity of any highway, bridge, or ferry.
- Breakdown of mechanical defects of vehicles or equipment.
- Any cause other than negligence of the driver.
- Extended consolidation timeframe in case of shared services.
In such circumstances, we reserve the right to take necessary steps with regards to routing & method of transportation to conclude the work successfully. - DELAYS DURING TRANSPORTATION
Ocean shipping time provided is always approximate and we cannot be held responsible for any delays caused beyond our control such as:
- War
- Congestion at origin, destination or transshipment ports
- Steamship line schedule
- Overbooking
- Technical difficulties in securing equipment
- Port/labor strikes
- Labor problems etc. at origin and/or destination.
Under such circumstances, it will be your responsibility to pay all charges including but not limited to:- Duties/taxes
- Port storage charges/demurrages
- Warehouse handling charges.
- Cost to replace items in the shipment.
- OUR LIABILITY FOR LOSS OR DAMAGE
- Our liability for loss or damage is limited, as set out in clause 13.1.1 below. Alternatively, you may request us to increase our liability, as set out in clause 13.1.2 below:
- In the event of our negligence or breach of contract resulting in loss of or damage to your goods, we will pay a sum equivalent to the cost of their repair or replacement whichever is the smaller sum up to a maximum of $0.60/LB for any one item (see below), or
- Prior to the commencement of work and subject to our having received your itemized valued inventory (see 8(8.1.3)) we may agree to increase our liability, for an additional charge. We will not unreasonably withhold consent to such a request. This is not insurance cover, and you are strongly advised to accept the insurance offered in our quotation, or if arranging insurance cover yourself, you are advised to show this contract to your insurance company.
- For goods destined to, or received from a place outside the United States:
- We will accept liability for loss or damage: (a) arising from our negligence or breach of contract whilst the goods are in our physical possession, or (b) whilst the goods are in the possession of others if the loss or damage is established to have been caused by our failure to pack the goods to a reasonable standard where we have been contracted to pack the goods that are subject to the claim. In either circumstance clause 13.1.1 and 13.1.2 above will apply.
- Where we engage an international transport operator, shipping company or airline to convey your goods to the place, port or airport of destination, we do so on your behalf and subject to the terms and conditions set out by that carrier.
- If the carrying vessel/conveyance, should for reasons beyond the carrier’s control, fail to deliver the goods, or route them to a place other than the original destination, you have limited recourse against the carrier, and may be liable for General Average contribution (e.g. the costs incurred to preserve the vessel/conveyance and cargo) and salvage charges, or the additional cost of onward transmission to the place, port or airport of destination. These are insurable risks, and it is your responsibility to arrange adequate marine/transit insurance cover.
- We do not accept liability for goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless we have been negligent or in breach of contract.
- For the purposes of this Agreement an item is defined as:
- The entire contents of a box, parcel, package, carton, or similar container; and
- Any other object or thing that is moved, handled or stored by us.
- DAMAGE TO PREMISES OR PROPERTY OTHER THAN GOODS
Because third party contractors are frequently present at the time of collection or delivery our liability for loss or damage is limited as follows:
- If we cause loss or damage to premises or property other than goods for removal as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.
- If we cause damage as a result of moving goods under your express instruction, against our advice, and where to move the goods in the manner instructed is likely to cause damage, we shall not be liable.
- If we are responsible for causing damage to your premises or to property other than goods submitted for removal and/or storage, you must note this on the worksheet or delivery receipt as soon as practically possible or within a reasonable time. This is fundamental to the Agreement.
- EXCLUSIONS OF LIABILITY
- Except in cases of our negligence or breach of contract, we are not liable for any loss, damage, or failure to deliver goods if caused by any of the following circumstances:
- Fire, regardless of how it was caused.
- War, invasion, acts of foreign enemies, hostilities (whether or not war has been declared), civil war, terrorism, rebellion and/or military coup, acts of God, third-party labor strikes, or other events beyond our reasonable control.
- Normal wear and tear, natural or gradual deterioration, discoloration due to excessive temperatures and humidity in transit, leakage, or evaporation of perishable or unstable goods, including items left in furniture or appliances.
- Infestation by moths, vermin, or similar pests.
- Cleaning, repairing, or restoring, unless arranged by us.
- Changes in atmospheric or climate conditions.
- Goods stored in wardrobes, drawers, appliances, packages, bundles, cartons, cases, or other containers that we did not both pack and unpack.
- Electrical or mechanical issues with any appliance, instrument, clock, computer, or other equipment, unless there is evidence of related external damage.
- Goods with pre-existing defects or inherent defects.
- Animals and their enclosures, including pets, birds, or fish.
- Plants.
- Perishable items and/or items requiring a controlled environment.
- Items referenced in Clause 16.
- Damages or costs that result indirectly from, or as a consequence of, loss, damage, or failure to deliver goods, including but not limited to loss of use or amenity.
- No employee of ours shall be separately liable to you for any loss, damage, mis-delivery, errors, or omissions under this Agreement.
- Our liability ends up with the handover of goods from our warehouse (see Clause 16.2 below).
- TIME LIMIT FOR CLAIMS
- For goods which we deliver, you must notify us in writing of any visible loss, damage or failure to produce any goods at the time of delivery.
- If you or your agent collect the goods, you must notify us in writing of any loss or damage at the time the goods are handed to you or your agent.
- Notwithstanding clauses 13, 14 and 15 we will not be liable for any loss of or damage to the goods unless a claim is notified to us, or to our agent or the company carrying out the collection or delivery of the goods on our behalf, in writing as soon as such loss or damage is discovered (or with reasonable diligence ought to have been discovered) and in any event within seven (7) days of delivery of the goods by us.
- The time limit for notifying us of your claim may be extended upon receipt of your written request provided such a request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld.
- PROHIBITED ITEMS
- Unless previously agreed in writing by the move manager, or other authorized company representative, the following items under no circumstances will be moved or stored by us. The items listed below (17.1.1) may present risks to health and safety and of fire. Items listed under (17.1.2) to (17.1.6) below carry other risks and you should make your own arrangements for their transport and storage.
- Valuable documents, stamp collection or coin collection.
- Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or flammable liquids or solids such as but not limited to fuel, paint, paint thinners/cleaners, adhesives, polishes, lighter fluid, matches, strike anywhere matches, lighters with flammable liquid, perfumes, colognes, aftershave lotions, propane tanks, etc.’
- Pressure Containers such as but not limited to spray cans: aerosols (hair spray, deodorant, shaving cream or repellents) butane fuel, scuba tanks- to include high-intensity diving lamps, propane tanks; CO2 cartridges, self-inflating rafts, etc.
- Jewelry, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or goods or collections of any similar kind.
- Plants or goods to encourage vermin or other pests or to cause infestation or contamination.
- Perishable items and/or those requiring a controlled environment.
- Any animals, birds or fish.
- Goods which require special license or government permission for export or import.
- Household cleaning items, such as but not limited to drain cleaners, oven cleaners, solvents, bleach or others with toxic or corrosive substances, etc.
- Dry ice gasoline-powered tools, wet-cell batteries, lithium batteries, camping equipment with fuel, radioactive materials, poisons & infectious substances, etc.
- If we do agree to remove such goods, we will not accept liability for loss or damage unless we are negligent or in breach of contract, in which case all these conditions will apply. If you submit such goods without our knowledge, we will make them available for your collection and if you do not collect them within a reasonable time, we will apply for an appropriate court order to dispose of any such goods found in the consignment without notice. You will furthermore pay us any charges, expenses, damages, legal costs or penalties incurred by us.
- OWNERSHIPS OF THE GOODS
By entering into this Agreement, you guarantee that:
- The goods to be moved and/or stored are your property, or
- You have the authority from the owner(s) or any interested party to enter into this contract, and they have been informed of these terms.
- You will indemnify us against any claims for damages and/or costs that may arise if either (18.1.1) or (18.1.2) is not accurate.
- PAYMENT
Balance payment per the final invoice must be paid in full according to the terms outlined in this policy:
- Payment is required in U.S. Dollars (USD) unless otherwise agreed upon in writing.
- An agreed amount of deposit is required at the time of the booking to secure the moving date and initial services.
- Deposit payments can be made via credit card however balance payments can ONLY be made by cash, wire, bank transfer, Zelle, cashier’s check or other approved methods.
- Any bank fees, currency exchange fees, or other transaction charges are the responsibility of the client.
- Payments not received by the due date shown in the invoice will be subject to a late fee of 2% per day on the outstanding balance. (see Clause 25.2 below).
- If payment is delayed by more than 7 days, we reserve the right to suspend services, withhold goods in storage, or take legal action to recover outstanding payments. (see Clause 25 below).
- For goods that remain undelivered due to unpaid balances, storage fees will apply as per this contract. (see Clause 20 below).
Holding fees may also apply if the delivery cannot be completed due to unpaid charges or client unavailability. - OUR RIGHT TO HOLD THE GOODS (LIEN)
We shall have a right to withhold and/or ultimately dispose of some or all of the goods until you have paid all our charges and any other payments due under this or any other Agreement. (See also Clause 22). These include any charges that we have paid out on your behalf. While we hold the goods you will be liable to pay all storage charges and other costs incurred by our withholding your goods and these terms and conditions shall continue to apply.
- TRANSIT STORAGE
At EARTHRELO, we understand that sometimes moving logistics require temporary storage solutions. Our Transit Storage Policy outlines the terms and conditions governing the storage of your belongings during the moving process to ensure clarity and security.
- Definition of Transit Storage:Transit storage refers to the temporary storage of goods in our secure facilities while in transit from the pickup location to the final destination. This service is available for customers who need to store their belongings due to scheduling conflicts, space limitations, or other logistical reasons.
- Storage Duration:Transit storage is typically available for a maximum period of 180 days. Extended storage beyond this period may be available upon request and will incur additional fees.
- Charges and Payment Terms:
- Storage Fees: Charges for transit storage are based on the volume or weight of the items stored, as well as the duration of storage. A detailed quote will be provided before your move.
- Payment: Payment for transit storage is due at the time of booking. Additional charges for extended storage will be billed at the end of the storage period.
- Security and Liability:
- Security Measures: EARTHRELO takes the security of your goods seriously. Our storage facilities are equipped with 24/7 surveillance, alarm systems & climate control, etc.
- Liability: While your goods are in transit storage, EARTHRELO will exercise reasonable care to protect your items. However, we are not liable for any damage or loss resulting from unforeseen circumstances, including but not limited to natural disasters, theft, or acts of God. Customers are encouraged to obtain appropriate insurance coverage for their goods during storage.
- Access to Stored Goods:Customers may request access to their stored goods during business hours, provided they give at least [insert notice period] notice. EARTHRELO reserves the right to charge a fee for retrieving items from storage.
- Release of Goods:Upon completion of the transit storage period, customers must arrange for the removal of their goods from our storage facility. EARTHRELO will coordinate with you to schedule delivery to the final destination.
If goods are not removed within 30 days of the agreed-upon release date, EARTHRELO reserves the right to apply additional storage fees or dispose of the items in accordance with our policies.
- Dispute Resolution:Any disputes regarding charges or the condition of stored items should be reported to EARTHRELO within 30 days of delivery or removal. We encourage open communication to resolve any issues promptly.
- Modifications to the Policy:EARTHRELO reserves the right to modify this Transit Storage Policy at any time. Customers will be notified of any significant changes prior to their move.
- REMOVAL & DISPOSAL OF GOODS
If payment of our charges related to your goods is overdue, and after providing you with three months’ notice, we are entitled to require you to remove your goods from our custody and pay any outstanding amounts owed to us. If you do not settle the outstanding balance, we may sell or dispose of some or all of the goods without further notice. The cost of the sale or disposal will be charged to you. The net proceeds will be credited to our account, and any remaining surplus will be paid to you without interest. If the full amount due is not recovered, we may pursue the remaining balance from you in accordance with clause 26.
- ARBITRATION POLICY
To ensure fair and efficient resolution we require that most disputes be resolved through binding arbitration rather than court proceedings. This policy aims to provide customers with a clear understanding of how disputes will be managed, focusing on arbitration as a method for efficient and fair resolution.
- Arbitration Procedure
- Initiating Arbitration:Either party may initiate arbitration by providing written notice to the other party, briefly describing the dispute and requesting relief. Notice to EARTHRELO should be sent to our registered address 1001 Roosevelt Avenue, Unit 9, Carteret, NJ 07008 or email: contact@earthrelocation.com
- Arbitrator Selection:The arbitration will be conducted by a reputable arbitration provider, such as the American Arbitration Association (AAA) or another mutually agreed-upon organization. The arbitrator shall be impartial and qualified to handle commercial disputes.
- Location of Arbitration:The arbitration will generally be conducted in Carteret, NJ, unless both parties agree to another location or remote arbitration.
- Arbitration Rules:The arbitration will be governed by the rules of the selected arbitration provider, such as the AAA’s Commercial Arbitration Rules, which ensure a fair and efficient process.
- Arbitration Fees and Costs
Each party is responsible for its own legal fees and costs associated with arbitration. The costs of the arbitrator and administrative fees will be shared equally, unless the arbitrator determines that one party is responsible for a disproportionate share of costs.
- Limitation of Class Actions
The customer and EARTHRELO agree that all claims and disputes will be resolved on an individual basis and that neither party may participate in or pursue any class action, collective action, or representative action in arbitration or court.
- Decision and Enforcement
- The arbitrator’s decision will be final and binding. The arbitrator will issue a written decision explaining the outcome, which can be enforced in any court of competent jurisdiction.
- Both parties retain the right to seek injunctive relief in a court of law to protect intellectual property or confidential information until the arbitration decision is rendered.
- Exceptions to Arbitration
- Small Claims: Disputes that qualify for small claims court may be brought in that forum.
- Injunctive Relief: Either party may seek temporary injunctive relief in court for urgent matters involving intellectual property or confidential information, even while arbitration is pending.
- Confidentiality
All arbitration proceedings, discussions, and any resulting decisions will be confidential and shall not be disclosed to third parties, except as necessary to enforce the arbitrator’s decision or as required by law.
- Governing Law
This Arbitration Policy and any arbitration proceedings will be governed by the laws of the state of New Jersey, without regard to conflict of law principles.
- Severability
If any part of this Arbitration Policy is found to be invalid or unenforceable, the remainder of the policy will continue to be effective to the fullest extent possible.
- SETTLEMENT POLICY
For cases that are not subject to arbitration or if arbitration results are disputed on limited grounds, formal legal proceedings may be initiated in a court of competent jurisdiction.
Settlement Terms and Process
Written Agreement:Any settlement reached through legal channels will be documented in a formal, written agreement, specifying the terms and conditions agreed upon by both parties.
Release of Claims:Once a settlement agreement is signed, both parties agree to release each other from any further claims related to the dispute.
Payment Terms:Settlement payments, if applicable, will be made as agreed in the settlement terms. EARTHRELO reserves the right to charge interest in late payments as specified in the agreement.
Confidentiality of Settlement Agreements
All settlements reached through legal channels are confidential. Neither EARTHRELO nor the customer shall disclose any details of the settlement to third parties, except as required by law or with mutual consent.
Governing Law and JurisdictionAll settlements will be governed by the laws of the State of New Jersey without regard to conflict of law principles. Any court proceedings will be held in the jurisdiction specified in EARTHRELO’s service agreement with the customer.
Cost Allocation
Each party is responsible for its own legal fees and costs associated with settlement proceedings, unless the court or arbitrator directs otherwise. EARTHRELO strives to minimize costs by encouraging resolution through negotiation and mediation when possible.
Contact for Settlement Inquiries
Customers with questions regarding the settlement process or who wish to initiate a formal settlement discussion are encouraged to reach out to EARTHRELO’s Legal Department:
Email: contact@earthrelocation.com
Phone: +1 855 553 2784
- DEBT COLLECTION POLICY
EARTHRELO is committed to providing high-quality international moving services, and we value all our customers. To continue offering the best service, we maintain a clear and fair debt collection policy, ensuring timely payments and outlining procedures for addressing overdue accounts.
- Payment Terms
Full payment for services is due as specified in your service agreement with EARTHRELO. Payment schedules are provided in advance, including deposit requirements, interim payments, and final balances.
- Late Payments and Overdue Balances
If payment is not received by the due date, we will initiate a structured follow-up process to recover the outstanding balance. This may include sending reminders, issuing formal notices, and applying late fees or interest as outlined in our agreement.
- Late Fees:A late fee [as shown in the invoice] may apply to overdue balances.
Interest:Interest on unpaid balances may be charged at a rate of 2% per month, starting from the original due date.
- Collection Process
- Courtesy Reminder: A reminder notice will be sent via email or phone within a few days of a missed payment to inform you of the overdue balance and offer assistance if needed.
- Formal Notices: If the account remains unpaid, we will send a series of formal past-due notices to communicate the outstanding amount and any accrued fees.
- Final Demand: After multiple notices, we will send a final demand, which may include a suspension of services if the balance is not settled within the specified period.
- Referral to Collection Agency: If payment is not received within 45 days, we reserve the right to refer to the debt to a professional collection agency. This action may involve additional fees and interest, in compliance with legal regulations.
- Retention of Goods
In cases where goods are held in storage, we reserve the right to retain these items until the outstanding balance, including any storage fees, is fully paid. Our goal is to avoid interruptions to your move, so we encourage prompt communication regarding any payment issues.
- Alternative Payment Arrangements
At EARTHRELO, we understand that unexpected financial situations can occur. If you need assistance with payment, please contact us. We may offer payment arrangements on a case-by-case basis, depending on individual circumstances.
- Compliance and Fair Practices
We adhere to all relevant debt collection laws and regulations, conducting all communications and collections efforts with respect and professionalism. We are committed to transparency and ethical standards in all interactions.
- Contact Information for Payment and Collections Inquiries
For any questions about your account balance, payment options, or our collections process, please reach out to our Accounts Department. Our goal at EARTHRELO is to work collaboratively with our customers to ensure all balances are resolved fairly and efficiently, allowing us to continue providing exceptional service for your international moving needs.