Contract Terms and Conditions

SECTION 1. The carrier shall be liable for physical loss of or damage to any articles from external cause while being carried or held in storage in transit EXCEPT for condition or flavor of perishable articles, and EXCEPT documents, currency, money, jewelry, watches, precious stones, or articles of extraordinary value which are not specifically listed on the bill of lading, and EXCEPT loss or damage caused by or resulting: (a) From an act, omission, or order of shipper; (b) From insects, moth, vermin and ordinary wear and tear; (c) From defect or inherent vice of the article, including susceptibility to damage because of atmospheric conditions such as temperature and humidity or changes therein; (d) 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 any agent of any such government, power, authority of forces, (D) acts of terrorism; (2) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (3) insurrection, rebellion, revolution, civil war, usurped power, or action taken by governmental authority in hindering, combating, or defending against such 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; (e) From strikes, lockouts, labor disturbances, riots, civil commotions, or the acts of any person or persons taking part in any such occurrence or disorder; (f) From Acts of God. SUBJECT, in addition to the foregoing, to the further following limitations on the carrier’s liability: The carrier’s maximum liability shall be either: (1) Released Value Protection, which provides for reimbursement for loss or damages at a rate of $0.60 per pound per article based solely upon the weight of the lost or damaged article(s); or (2) Full Value Protection, which provides coverage based on current replacement value at the time of loss or damage, up to the dollar amount of valuation declared by the shipper.

SECTION 2. The carrier shall not be liable for delay caused by highway obstruction, 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. Shipper shall: (a) Be liable for any and all charges applicable under carrier’s tariffs and pay therefore as provided in said tariff; and (b) indemnity 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, and there held without liability on the part of the carrier, at the cost of the owner, and subject to a lien for all accrued tariff and other lawful charges. 

SECTION 5. If 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 carrier’s applicable tariff, carrier may sell the property at its option, either (a) upon the notice and in the manner authorized by law, or (b) at 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 consecutive weeks in a newspaper in 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 the owner of the 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.

SECTION 6. As a condition precedent to recovery, a claim for any loss or damage, injury or delay, must be filed in writing with carrier within ninety (90) days after a reasonable time for delivery has elapsed; and suit must be instituted against carrier within two (2) years and on (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 suit is not instituted thereon in accordance with the foregoing provisions, carrier shall not be liable and such a claim will not be paid.

ADDITIONAL TERMS AND CONDITIONS ADDENDUM TO HOUSEHOLD GOODS BILL OF LADING:

1. Liability of The Mover: (A) i) The Mover may, at its sole discretion, refuse to move any items, including but not limited to; currency, coins, money, jewelry, bullion, notes, securities, precious stones, furs, species, silverware, watches, pearls, documents, stamps, accounts bills, Deeds, evidences of debt, letters, manuscripts, mechanical drawings, blueprints, records, or other valuable papers, or any article of extraordinary high value (value in excess of $100 per pound), and shall only carry such articles when specifically declared in writing, and the additional valuation charges are paid by the Shipper. In the event of a claim related to any and all such undeclared articles, the Mover shall not be liable, for any reason whatsoever; ii) The Mover shall not be charged with the knowledge of the contents of containers or drawers, or condition thereof, which the Shipper packed, prepared, sealed, or refuses to open to allow the Mover to inspect, and the Mover accepts no liability of said such items: iii) The Mover shall not accept liability for any fragile articles (articles susceptible to breakage or crushing) injured or broken, unless such articles are both packed by its employees and unpacked by them at the time of delivery, and subject to the further condition that such injury or damage is caused by the Mover. These articles include, but are not limited to; mirrors, marble/stone or glass items, artwork, pictures/frames, ceramics, pottery, precious metals/stones, statuary, outdoor accessories, artificial/dried flowers and plants, plaster, gold/silver leaf, chandeliers. (B) The Mover has the right and shall be immediately notified of and given an opportunity to inspect all claims for damage, including any concealed and/or external damage to the items and original packing materials. (C) The Mover’s liability with regard to sets or matched pieces/group of articles shall be limited to repair or replacement, whichever is less, of the lost or damaged pieces only, and shall not extend to repair, replacement, or recovering the entire set or group of articles, but in no-event to exceed the released or declared value as indicated. (D) The Mover shall not be liable or responsible for loss or damage caused after the property has been delivered to or receipted for by the consignee or Shipper or the authorized agent of either. (E) Where the Mover is directed to load property from (or render any services at) a place or places at which the Shipper or its agent is not present, the property shall be loaded at the risk of the Shipper before loading. (F) The Mover will not be liable for the following: i) Any loss or damage caused by ordinary wear and tear, mold, mildew, termites, rodents, vermin, moths, bed bugs, and other insects, rust, leakage, tarnish, oxidation, fumigation, heat, cold, moisture, change in temperature, or other atmospheric conditions. ii) Any loss or damage caused by natural deterioration, inherent vice or defect of the property, or loss, damage, or decay contributed to or caused by acts, neglect, or omissions of the Shipper, or by acts of war, terrorism, insurrection, nuclear explosion, or contamination, strikes, labor disturbances, fire, riots, or by any acts of God. iii) Any missing items, including but not limited to, remote controls of any kind; Casters, including but not limited to, office furniture, bedroom furniture, cabinets, shelving; Hardware, including but not limited to, all furnishings including knobs, pulls, handles, screws, hinges, pegs, keys, locks, decorative adornments of any kind, including but not limited to, metals, plastics, wood, wires, glass, and stones; unless packed and unpacked and/or disassembled and reassembled by the Mover’s employee(s). iv) Any damage resulting from Wirks Moving & Storage employee(s) slipping on a driveway, pathway, or other surface where Shipper is negligent in properly salting, shoveling, or likewise preparing a clear and safe path. v) Condition of property if Mover is instructed to unscrew items from walls, doors, etc. (G) Where the shipment has been released to the mover at a value not exceeding 0.60 cents per pound per article as per declaration of value on the face hereof, it is agreed that the said property be moved, packed, shipped, forwarded, or otherwise handled with the Mover’s liability limited to 0.60 cents per pound per article. All of the liability in excess of 0.60 cents per pound per article is solely the Shipper’s responsibility with respect to any loss, damage, or delay for any reason whatsoever. (H) Where the shipment has been released to the Mover at a value in excess of 0.60 cents per pound per article as per declaration of value on the face hereof, and in consideration of the additional charge for such value scheduled thereon, it is agreed that the Mover’s liability shall not exceed the cost of repairing or replacing the property lost or damaged with materials of like kind and quality, whichever is less, not exceeding the actual cash value of the property at the time and place of loss, with due allowance for depreciation or deterioration however caused, but in no event shall the Mover’s liability for all loss and damage to the Shippers property exceed the value declared by the Shipper, in writing, on the face of this agreement hereof. In the event no proof of value is available, the burden will be upon the owner of the goods to provide proof of value. In all instances, the Mover reserves the right to make the final determination with respect to value. Please note that any item that is replaced, or for which the value has been paid, becomes the property of the carrier. (I) The Mover will not accept liability for malfunction and/or electrical or mechanical condition of any article including, but not limited to; mechanical beds, power and/or manual recliners, lawn equipment, computers and computer equipment, cameras, pianos, radios, phonographs, television sets, audio video equipment, digital video games and equipment, arcade/vending machines, washers/dryers, refrigerators/freezers, clocks, air conditioners/humidifiers/dehumidifiers, exercise equipment, tanning beds, massage chairs, all musical instruments, phones, tablets, appliances of any kind; whether or not such articles are packed and unpacked by the Mover. (J) Memory Foam Mattresses: Due to manufacturer’s statements, memory foam mattresses have a high probability of foam shifting internally during the moving process. If this occurs, the mattress may not be repairable. Due to this fact, Wirks Moving & Storage is not responsible for internal damages to memory foam mattresses caused from the normal course of moving. (K) Wirks Moving & Storage will not be held liable for i) damage caused to PRESSWOOD (Particle Board/Press Board/Manufactured wood products) furniture due to the fact of its many weaknesses and instabilities compared to true wood furniture. It is a short-term furniture option, which is made from wood pulp and other wood and paper manufacturing waste products. Pressboard has a laminate paper covering with a wood grain pattern, which if damaged, cannot be repaired unlike true wood furniture. Furniture made of pressboard ranges from tables and bookshelves to nightstands and desks. It normally comes in a box, and its pieces must be put together. We highly recommend the shipper disassemble these items to insure safe transport. Wirks Moving & Storage can do this upon request, and extra labor charges will be applied on guaranteed price moves only. ii) Veneer; previously damaged and/or repaired items including, but not limited to, damaged or loose veneer. (L) With respect to repairs under all circumstances, the Mover is only obligated to reasonably repair and/or restore the item to the condition at the time it was originally tendered for transport. Any additional repairs aimed at improvement shall be referred to as betterment, and no Mover is obligated to furnish such enhancements. (M) Any and all claims must be submitted to the Mover in writing on a proper claim form provided by the Mover. No claim shall be addressed unless all services are paid in full.

2. Storage Accounts: (A) Any part or all of said goods, items, and chattels to be delivered to said Depositor/Shipper/ can be initiated only upon receipt of written orders or return of warehouse receipt, at the option of the Mover, with delivery instructions signed by the Shipper/Depositor. (B) Any change of address of the Shipper/Depositor, to be valid and binding to the Mover, must be provided by the Shipper/Depositor or their agent to the Mover in writing, and acknowledged in writing by the Mover. (C) No Transfer of ownership of these goods will be recognized unless entered on the books of the Mover, on the warehouse receipt, and upon all charges being paid. (D) The rates as stated in this Contract cannot be raised for 12 months, after which they can be raised in accordance with the local rates for all applicable Shipper/Depositors. (E) Storage charges will be billed for a full month on the initial date of service, unless otherwise agreed upon. All subsequent storage charges will be due on the monthly anniversary of the move into WMS storage date. Upon delivery out of WMS storage, storage fees will be prorated on a daily basis. When goods remain in storage for a fraction of a month, a full month’s storage will be charged. (F) There will be a labor charge (warehouse handling) for placing goods in storage and taking them out. All labor utilized for access to goods, un-piling, unpacking, replacing, and piling shall be charged at the current rate for such service. A charge may also apply for the use of the dock facilities and forklift of the Mover, for vehicles other than its own, at the current rate for such services. (G) 48- business-hours’ notice is required for access to or delivery of goods. This is subject to the availability of labor and equipment. (H) In the event of late payment, a $25.00 fee will be added to your storage bill. For each subsequent period of 15 days without payment, an additional $25.00 will be incurred. WIRKS MOVING & STORAGE, INC. maintains a lien on all personal property stored in the occupant's space for rent, late payment fees, labor, or other charges—both present and future—associated with the stored personal property. This includes expenses reasonably incurred for the preservation or sale of the property pursuant to this agreement. If no payment is received for a continuous thirty-day period after default, WIRKS MOVING &STORAGE, INC. reserves the right to sell or dispose of the personal property stored in the occupant's space. Additionally, in the event of default, WIRKS MOVING & STORAGE, INC. may, without notice, deny the occupant access to the stored personal property until payment is received. Occupant is considered in default if any monthly installment is not made within seven days of the monthly anniversary of the move into storage or if any check given in payment is dishonored by the financial institution on which it is drawn. (I) All the Terms and Conditions on both sides of this contract shall apply to any goods, articles, and items, hereinafter stored for this account.

3. Harmful Items: Any party, directly or indirectly, tendering to the Mover any explosives or dangerous goods, without previous full written disclosure to the Mover of their nature and or danger, shall be liable and shall indemnify the Mover against all loss or damage caused by such goods and such goods may be warehoused at Shipper’s risk and expense or destroyed without compensation.

4. Miscalculation on Invoice, Contract or Forms: If an addition or calculation error is made on an invoice, contract, or any other written form by a representative of Wirks Moving & Storage and is found by our billing department after the fact the customer is still liable for actual charges and time that the bill should have reflected regardless what the invoice, contract, or other written form states if it directly contradicts itself based on the totals of the (A) moving time between the arrival and finished time, (B) discount time if any, (C) travel time, (D) fuel charge, (E) materials if any, (F) storage if any, (G) or any other charges listed on said form that do not calculate to the correct grand total. Customer hereby agrees for said correct grand total to be billed to their payment method listed on the front of this Contract.

5. Ownership of Goods: The Shipper has represented and warranted to the Mover that the Shipper has a lawful possession of, legal right, and authority to tender all of the property herein described, and that there are and will be no liens, mortgages, or encumbrances on said property superior or averse to the legal right and authority of the Shipper to contract for services. If there be any claims or litigation concerning the property, the Shipper agrees to pay all storage and other charges, and agrees to indemnify the Mover for all costs, expenses, and attorney’s fees that the Mover may reasonably incur or become liable to pay in connection therewith. The Mover shall have a lien on said property for all charges including storage and for such costs and expenses. The lien specified herein shall also cover legal expenses incurred in bringing or defending an interpleader action to determine the ownership and/or right of possession of property specified in the Contract. The Mover, at its option, may bring suit for reimbursement pursuant to the foregoing provisions without further foreclosing of its lien.

6. Movers Lien: (A) It is agreed that the Mover shall have a lien against any and all property tendered to it or heretofore or hereafter tendered to it, and on the proceeds from the sale thereof for all charges provided herein, including without limitation claims for monies advanced, storage, transportation, interest, labor, auction costs, and all other charges or expenses in relation to said property, as well as any other costs incurred through legal action, including enforcement of the Mover’s lien (costs for collections, notice, advertisement of sale, actual cost of sale, Court cost, etc.); conflicting claims of ownership; any interpleader action arising from the bailment of the goods; or defending itself in the event the Mover is made a party to any litigation concerning the goods involved herein. (B) All goods upon which the Mover has a lien are subject to sale at auction to satisfy any and all unpaid charges, including interest as hereinabove provided, which charges are not paid when due, plus the expense for preservation of the goods reasonably incurred in the sale, advertising, as well as any legal expenses, including reasonable attorney’s fees, which may be necessitated by said sale. (C) The lien upon all property tendered with the Mover shall also include unpaid charges and expenses pertaining to property previously tendered with the Mover, regardless of whether said property has been delivered by the Mover. (D) The parties agree that in any sale conducted to satisfy the Mover lien, all property which is subject to the lien shall be sold. Proceeds of sale more than charges secured by the lien, plus the cost of preserving the goods and conducting the sale, shall be remitted to the Shipper. (E) The Mover may, at its option, bring suit for reimbursement pursuant to the foregoing provisions without first foreclosing upon this lien. (F) The Mover shall be presumed to have acted in good faith and in a reasonable and commercially acceptable manner when or if it seeks to enforce its lien pursuant to the appropriate provisions of the States Uniform Commercial Code, as adopted in Georgia and/or relevant Statutes. 

7. Claim Filing Time Limit Complaint Procedures: The Mover shall not be liable for the loss or destruction of, or damage to the goods/articles tendered and moved and or stored here under, or any part thereof, unless claim is made, in writing, to the mover listed on the front of this Contract and filed with the Mover within thirty (30) days, or the minimum time afforded by local, or federal ordinance, where applicable. A claim form will be mailed, and/or emailed to the customer. The claim process cannot begin until a completed form is submitted to Wirks Moving & Storage. This form must be completed in its entirety and submitted within the allotted time above. Once this claim form is submitted, no further claims may be made against Wirks Moving & Storage. Visit https://wirksmoving.com/summary-of-arbitration-program/, to read our Summary of Arbitration Program.

8. Delivery: The Mover will make reasonable efforts to complete delivery and is not responsible if physical conditions or other special circumstances prevent completion. If the Mover cannot deliver the goods in the ordinary way (by stairs or elevator), there will be an extra charge for hoisting, lowering, or other labor or equipment necessary. The Shipper must make advance arrangements for elevators (have them padded/protected) or other services and pay any charges. The Mover will charge for waiting time caused by lack of sufficient elevator service or any other causes beyond the Mover’s control including weather. If no authorized person is present to accept goods at the agreed time, or if orders are incomplete, the Mover will deliver the goods at the Shipper’s risk using reasonable judgment or place such goods into storage.

9. Inventory Sheets: Inventory sheets are prepared only on shipments destined to storage, co-mingled with other shipments, when valuation, and/or federal ordinance require it, or when requested, in writing, by the Shipper. (Additional fees will apply when requested by the Shipper.)

10. Water/Gas Disconnection and Reconnection: Shipper is responsible for disconnection and reconnection of water/gas lines, and appliances. Wirks Moving & Storage cannot accept liability for property damage of any kind due to improperly disconnected or reconnected water/gas lines, or appliances.

11. Attics/Crawlspaces: Our crew cannot go into unfinished attic/basement spaces (i.e., those with plywood floors and exposed insulation) or crawl spaces. You will be responsible for moving inventory from these spaces to the home's living space if it is to be loaded onto the moving van.

12. Entire Agreement – Severability: The agreement represents the entire Contract between the parties hereto and cannot be modified except in writing, signed by the Shipper and an officer of the Moving Company, and it shall be deemed to apply to all property of any and all nature or description which the Mover may now or at any time in the future pack or ship for the Shipper’s account. If any paragraph or portion thereof is found to be unenforceable for any reason, it shall not affect the remainder of this Contract, then said Contract shall be fully enforceable and shall govern the rights and responsibilities of the parties.

13. Public Information Pamphlet: By signing below, you acknowledge receiving the Moving Guide: How to Make Informed Decisions Before, during, and After Your Move issued by the Georgia Department of Public Safety. 

DOWNLOAD THE GEORGIA MOVING GUIDE: https://www.gamccd.net/documents/hgmoversguide.pdf

DOWNLOAD “YOUR RIGHTS AND RESPONSIBILITIES: https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/RightsandResponsibilitiesBooklet_2022Update.pdf

DOWNLOAD READY TO MOVE:

https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/ReadytoMoveBrochure_2022Update.pdf