ALL SERVICES BY OR ON BEHALF OF BOOTH FOR CUSTOMER SHALL BE SUBJECT TO these TERMS AND CONDITIONS.
PLEASE NOTE THE ACT OF TENDERING OR CONSIGNING GOODS BY CUSTOMER TO BOOTH FOR SERVICES SHALL CONSTITUTE CUSTOMER’S AGREEMENT WITH AND ACCEPTANCE OF THESE TERMS AND CONDITIONS.
1. Definitions & Rules.
(a) “Booth”shall mean Booth Movers, Ltd. and any of its past or present affiliates, operating divisions, parent corporations, subsidiaries, directors, officers, agents, employees, and representatives.
(b) “Customer” shall mean the person or entity for whom Services are provided, and any agent, representative, or contractor thereof, including, but not limited to, any shipper, consignor, consignee, exporter, importer, owner, bailor, bailee, warehouseman, forwarder, broker, insurer, carrier, or dealer engaged separately by Customer, as well as Customer’s heirs, executors, successors, and assigns.
(c) “Goods Not Permitted” shall mean (i) contraband or illegal substances; (ii) firearms or ammunition; (iii) inflammable, combustible, explosive, chemical, noxious, or other dangerous items; (iv) animals, food, plants, or other biological or hazardous items; (v) items that have an infestation, pests, or other nuisances; (vi) items that Customer does not have title to, lawful possession of, or right of possession; (vii) money, notes, accounts, bills, deeds, evidences of debt, or other valuable papers or records; (viii) jewelry, watches, furs, garments trimmed with fur, bullion, precious metals, precious or semi-precious stones or gems, stamps or coins whose values exceed face value; (ix) items that require refrigeration; and (x) items that require temperature or climate control.
(d) “Services” shall mean distribution, warehousing, and transportation services that include, but are not limited to, receiving, delivering, loading, unloading, cross-docking, storage, packing, repacking, unpacking, labelling, re-labelling, measuring, taking photographs, inventory management, and other related services.
(e) “Storage Facility” shall mean Booth’s warehouse facility.
(f) Words and phrases that appear below in quotation marks and that are bolded have special meanings.
(g) The use of a disjunctive term (“or”) incorporates the conjunctive (“and”), and vice versa, as necessary to bring within the scope of these terms and conditions. The singular form of any word includes the plural, and vice versa, as necessary to bring within the scope of these terms and conditions.
(a) All notices or other communications required by these terms and conditions must be in writing and either electronically transmitted by email with confirmation by the other party of receipt of notice or personally delivered, or mailed by registered or certified mail, return receipt requested, or by other delivery that provides proof of delivery to the other party (the “Notice”).
(b) All Notices for Booth shall be sent to: firstname.lastname@example.org or 1 Anderson Avenue, Moonachie, NJ 07074.
(c) Customer must notify Booth of any change to Customer’s contact information in accordance with this provision. Upon receipt by Booth of the change in Customer’s contact information, Booth shall acknowledge, in writing, receipt of the change in Customer’s contact information. No notice of any change in Customer’s contact information shall be valid or binding upon Booth, unless made in accordance with these terms and conditions and acknowledged in writing by Booth.
3. No Agency Relationship.
(a) Subject to any applicable law, statute, regulation, treaty, or convention, these terms and conditions shall not be construed as creating an agency relationship between Booth and Customer.
(b) Booth shall act at all times as an independent contractor, even when providing Services pursuant to a duly authorized power of attorney issued by Customer.
(c) Customer does not have any right, power, or authority to act on behalf of Booth or to legally bind Booth.
4. Services To Be Performed. Subject to Booth’s rates, charges, and terms and conditions, including, but not limited to, the limitations and restrictions contained herein, Booth shall provide Services pursuant to the following:
5. Goods.By tendering goods to Booth, Customer represents and warrants that:
(a) It is the owner of the goods or has lawful possession of the goods as well as the right and authority to tender or consign those goods to Booth and have Booth release or deliver those goods to other persons or entities; and
(b) It will not deliver or consign to Booth any Goods Not Permitted. In the event Customer delivers or consigns any Goods Not Permitted to Booth, Customer shall be liable for and, to the fullest extent permitted by law, shall defend, indemnify, and hold Booth harmless from any and all claims, actions, proceedings, liabilities, losses,damages, fines, costs and expenses, including, but not limited to, reasonable attorney's fees, caused by, arising from, or related in any way to the Goods Not Permitted. Should Booth, in its sole discretion, determine that any of the goods require treatment, fumigation, cleanup, relocation, or disposal for the protection of other goods, personal property, the Storage Facility, Booth, and other third parties, Booth may render such service and shall not incur any liability or obligation to Customer for such service. Further, Customer shall be liable to Booth for those services and therefore shall be obligated to pay for those services.
6. Quotes. All quotes provided by Booth to Customer are for informational purposes only and are subject to change without notice. Under no circumstance shall a quote be binding upon Booth unless Booth undertakes in writing to provide Services thereunder at a specific and fixed fee or rate prior to Customer’s tender and Booth’s acceptance of goods. These terms and conditions are incorporated in and made a part of all quotes provided by Booth to Customer.
7. Rates, Billing & Payment.
(a) All goods that are accepted by Booth for performance of Services are subject to these terms and conditions at the rates and charges provided by Booth to Customer, including, but not limited to, the rates and charges set forth herein.
(b) All invoices for Services shall be issued in accordance with these terms and conditions at the rates and charges provided by Booth to Customer, including, but not limited to, the rates and charges set forth herein.
(c) Booth may increase the rates and charges at the beginning of any month. Booth shall give not less than thirty (30) days’ Notice of any increase of any rates and charges to Customer.
(d) Customer shall pay to Booth the rates and charges for Services set forth in an invoice within thirty (30) days of Customer’s receipt of the invoice, which will also include any applicable sales tax. In addition, Customershall pay interest at a rate of one and a half percent (1.5%) per month on any overdue charges, any costs of collection, including, but not limited to, attorneys’ fees, and any other charges as described herein.
(e) Booth shall invoice Customer for performance of Services rendered at the time of service, except for recurring charges, such as advance monthly storage, optional Insurance Coverage, and optional Valuation Coverage charges, if applicable. Booth, however, reserves the right, and may, in its sole discretion, require payment from Customer for Services prior to performance of the said Services.
(f) Customer shall at all times maintain a valid credit card on file with Booth. Customer authorizes Booth to charge Customer’s credit card to satisfy any and all unpaid charges for Services that are thirty (30) days past due, unless otherwise agreed in writing by Booth. Payments received by Customer may be applied first to interest, late charges, and the oldest storage charges due, in the sole discretion of Booth. If Customer delivers a check to Booth, which is not honored for any reason, Customer shall make all future payments hereunder by cash, bank or cashier's check, money order, or anyother method agreed to in writing by Booth.
(g) Final payments for all unpaid charges shall be due and immediately payable prior to final release of any goods by Booth.
8. Denial of Access to Goods. If Customer does not pay in full the charges when due, Booth, at any time and in its sole discretion, may deny Customer access to the Storage Facility and the goods until Customer pays those charges.
9. Services By Third Parties. Unless otherwise agreed in writing between Booth and Customer, Booth may subcontract the whole or any part of any Service to third parties. Booth shall exercise reasonable care in the selection of third-party subcontractors, but assumes no liability and shall not be held responsible or liable for any loss, damage, injury, expense, or delay caused by their actions or omissions, except as provided in the “Booth’s Liability & Optional Valuation Coverage” section herein. Third-party subcontractors providing Services shall be intended beneficiaries of these terms and conditions, but nothing in these terms and conditions shall be construed as limiting or relieving such third parties of liability to Booth or Customer for any loss, damage, injury, expense, or delay resulting from their acts or omissions.
10. Transfer, Release, & Delivery. In addition to the terms and conditions set forth in the “Services To Be Performed” section:
(a) Except as provided in subsection (b) below, no goods shall be transferred, released, or delivered from the Storage Facility without receipt of complete, written instructions from Customer via fax, email, letter, or other similar form of written communication. Booth shall not be liable or held responsible for any typographical or clerical errors contained in instructions sent by Customer, whether by fax, email, letter, or other similar form of written communication.
(b) Where no negotiable receipt is outstanding, goods may be transferred, released, or delivered from the Storage Facility in accordance with telephone instructions, provided that Customer has issued prior written authorization to Booth for this purpose. However, Booth shall not be liable or held responsible for any damage or loss occassioned by such transfer, release, or delivery, expect as provided in the “Booth’s Liability & Optional Valuation Coverage” section herein.
(c) Upon receipt of instructions from Customer to transfer, release, or deliver goods, Booth shall be given a reasonable amount of time to carry out the applicable instructions. Any estimated date or time given by Booth for transfer, release, or delivery shall be approximate in nature and not binding unless it is agreed in writing between Customer and Booth that time is of the essence.
(d) Booth shall not be liable or held responsible for any loss, damage, expense, or delay if Booth is unable to carry out Customer’s instructions due to acts of God, war, terrorism, random acts of violence, act of public enemy, acts of public authority, seizure, quarantines, riot or civil commotion, strike, any other reason that is beyond Booth’s control, or any other excuse provided by law.
(e) Upon the transfer, release, or delivery of goods to Customer, Customer’s agent or representative, or Customer’s designated consignee, including, but not limited to, any carrier or bailee engaged separately by Customer, Booth shall have no further obligation or liability to Customer for the goods, except as provided in “Booth’s Liability & Optional Valuation Coverage” section herein.
11. Shipment To Storage Facility. In the event that Customer engages a third party to transport or deliver goods to Booth for warehousing or storage, Customer shall not ship goods to Booth as the named consignee. Where goods are shipped to Booth as the named consignee in violation of this section, Customer shall notify all third-party carriers, with a copy of each notice to Booth, that Booth is acting solely as a warehouseman and has no beneficial title or interest in the goods. Further, Booth shall not be liable for any and all claims for unpaid transportation charges, including, but not limited to, unpaid freight, demurrage, and detention charges, made by such third parties. In addition, those third parties have no recourse against Booth for said charges; they may only pursue Customer for those charges. Further, Customer, shall be liable for and, to the fullest extent permitted by law, shall defend, indemnify, and hold Booth harmless from any and all claims for unpaid transportation charges, including, but not limited to, unpaid freight, demurrage, and detention charges, made by such third parties. Should Customer fail to notify a third-party carrier in accordance with this section, Booth shall have the right to refuse such goods and Booth shall not be liable or held responsible for any loss, damage, expense, or delay thereto, except as provided in the “Booth’s Liability & Optional Valuation Coverage” section herein.
12. Relocation. If any goods in storage at the Storage Facility are transferred from Customer to another person or entity, a new warehouse receipt shall be issued, and a new storage date shall be established as the date of the transfer. Booth reserves the right to move goods within the Storage Facility without any notice, and further reserves the right to move, at its expense, any goods in storage from the Storage Facility to any other storage facility. In the event Booth moves the goods to another Storage Facility, Booth shall give ten (10) days’ Notice to Customer. If Customer elects to take delivery of its goods in lieu of transfer by Booth, in addition to all unpaid charges, Customer shall be responsible for the monthly storage charge beginning on the first day of the storage month until the date Customer takes delivery of the goods. If Customer removes goods for any other reason, Customer remains responsible for the agreed upon monthly storage charge and all unpaid charges.
13. Removal & Disposal.
(a) Booth may, upon written notice to Customer and any other person known to claim an interest in the goods, require removal of goods within thirty (30) days after notice is given. If the goods are not removed within the time specified in the notice, which shall be a minimum of thirty (30) days after the date notice was given, they may be sold in accordance with N.J.S. § 12A:7-210 or any other applicable law.
(b) If Booth in good faith believes the goods are about to deteriorate or decline in value to less than the amount of its lien within the time set forth in subsection 13(a) above, it may specify in the notice any reasonable shorter time for removal of the goods. If the goods are not removed, Booth may sell them at public sale held not less than one week after a single advertisement or posting as set forth in N.J.S. § 12A:7-206.
(c) If, as a result of a quality or condition of goods of which Booth did not have notice of at the time of deposit, the goods are a hazard to other property, or to the Storage Facility, or to persons, Booth may sell the goods at public or private sale without advertisement or posting on reasonable notification to all persons known to claim an interest in the goods. If Booth, after a reasonable effort, is unable to sell the goods, it may dispose of them in any lawful manner and shall not incur any liability by reason of that disposition.
(d) Any removal, disposal, or sale as set forth in subsections 13(a) – 13(c) above shall not relieve Customer of its obligation to pay outstanding charges.14. Term & Termination of Agreement. The term for Services provided by Booth for Customer shall be from the effective date of a written agreement signed by the President of Booth and Customer or the date the Customer tenders goods to Booth, whichever is the earliest, and continue month-to-month thereafter until terminated by either Customer or Booth. For any Service other than storage Services, either Booth or Customer may terminate the applicable agreement for any reason by giving not less than three (3) business-days’ Notice. For storage Services, either Booth or Customer may terminate the storage agreement for any reason by giving not less than thirty (30) days’ Notice. All Notices for termination must state the date of the termination. Upon termination of the applicable agreement, Customer must pay Booth all charges for Services in full before the removal of any goods, including, but not limited to, storage charges up to the date of the release or delivery of the goods. Booth’s and Customer’s rights and obligations under these terms and conditions and any applicable agreement shall survive termination, including, but not limited to, the “Rates, Billing & Payment”, “Customer’s Liability”, “Indemnification, Defense, & Hold Harmless”, “Insurance & Optional Insurance Coverage”, “Booth’s Liability & Optional Valuation Coverage”, “Lien”, “Claims”, “Limitations on Actions”, “Jurisdiction and Waiver & Waiver of Trial by Jury”, and “Customer’s Responsibilities” sections herein.
15. Indemnification, Defense, & Hold Harmless. In addition to the defense, indemnification, and hold harmless agreed by Customer in the “Goods”, “Shipment To Storage Facility”, “Insurance & Optional Insurance Coverage”, and “Customer’s Responsibilities” sections herein, Customer, to the fullest extent permitted by law, shall defend, indemnify, and hold Booth from any and all claims, actions, proceedings, liabilities, losses,damages, fines, costs and expenses, including, but not limited to, reasonable attorney's fees, (i) caused by, arising from, or related in any way to Customer’s goods or an act or omission of Customer or (ii) concerning title to the goods, lawful possession of the goods, or right of possession of the goods (the “Claims”), including, but not limited to, Claims for or related to personal injury (including death) and property damage; provided, however, that Customer’s defense, indemnification, and hold harmless obligations under this section will not apply to the prorated extent that any Claim is attributable to the negligence of Booth.
16. Customer’s Liability. In addition to the liabilities set forth in the “Goods” and “Shipment to Storage Facility” sections herein, Customer shall be liable to Booth for (i) all unpaid charges for Services and (ii) any and all losses, damages, liabilities, claims, causes of actions, proceedings, fines, and costs and expenses, including, but not limited to, reasonable attorneys’ fees, caused by, arising from, or related in any way toCustomer’s non-compliance of these terms and conditions and any applicable agreement.
17. Insurance & Optional Insurance Coverage.
(a) Booth is not an insurer of goods. Customer shall maintain its own insurance on the goods for any loss, damage, expense, or delay suffered while the goods are in Booth’s care, custody, and control in an amount at least equal to the value of the goods, except to the extent Customer procures the optional “Insurance Coverage” as set forth in subsections (b) – (d) below.
(b) If Customer wants to procure the optional Insurance Coverage for any goods while in Booth’s care, custody, and control, Customer shall make a written request on Booth’s Optional Insurance and Valuation Coverages form, which is available upon request, and is incorporated herein and made a part of these terms and conditions, that (i) identifies the goods to be covered by insurance (the “Goods To Be Insured”); (ii) states the value of the Goods to Be Insured (the “Stated Value”); (iii) represents and warrants that the Stated Value does not exceed the actual market value of the Goods to Be Insured at the time of tender to Booth or at the time of the request, whichever is higher; (iv) provides the amount of coverage Customer is seeking (the “Insurance Limit”); (v) accepts the deductible for the Insurance Coverage, if applicable; and (vi) states that Customer shall pay all costs for Insurance Coverage. All costs for the optional Insurance Coverage are set forth in Booth’s Optional Insurance and Valuation Coverages form. To the extent Booth accepts Customer’s written request for Insurance Coverage and Customer pays in full for the Insurance Coverage in accordance with subsection (c) below, Booth shall give Customer written confirmation of the Insurance Coverage and an insurance certificate for the Insurance Coverage for the Goods To Be Insured.
(c) Any request for Insurance Coverage or modification of the Insurance Coverage, such as modification to the Insurance Limit, must be made on Booth’s Optional Insurance and Valuation Coverages form and must be given to Booth prior to Customer’s tender of the Goods To Be Insured to Booth, and for the Goods To Be Insured that are already in storage at the Storage Facility, by the 20th of the preceding month of the month that Customer wants the Insurance Coverage or modification of the Insurance Coverage to be effective for those goods. Full payment for the Insurance Coverage or modification of the Insurance Coverage must be made to Booth prior to Customer’s tender of the Goods To Be Insured to Booth, and for the Goods To Be Insured that are already in storage at the Storage Facility, prior to the month that Customer wants the Insurance Coverage or modification of the Insurance Coverage to be effective for those goods.
(d) To the extent that Customer obtains and pays for the Insurance Coverage, coverage under the insurance policy shall be governed by and subject to the terms and conditions of the insurance policy issued by the insurance company, including, but not limited to, the policy’s conditions, limitations, exclusions, and valuation. In the event of a coverage dispute under the insurance policy, Customer does not have any claim or right of recourse against Booth and, to the fullest extent permitted by law, shall indemnify, defend and hold Booth harmless from any claims made by the insurance company in connection with goods insured under the insurance policy.
18. Booth’s Liability & Valuation Coverage.
(a) Booth shall only be liable for its failure to exercise reasonable care in the performance of Services that directly and proximately causes injury to Customer, including, but not limited to, any loss or damage to goods or delay to a shipment of goods. Further, Booth is free of any responsibility and liability as set forth in this section and the “Goods”, “Shipment to Warehouse”, “Transfer, Release, & Delivery”, “Removal & Disposal”, “Services By Third Party”, and “Customer’s Responsibilities” sections herein.
(b) In consideration of the rates charged by Booth, Booth’s liability, if any, for any loss or damage to goods or delay to a shipment of goods shall be limited to the amount of actual loss or damage, repair costs, or One Dollar ($1.00) per pound per article, whichever is less (the “Standard Liability Limitation”). If Customer wants Booth to accept a higher liability limitation than the Standard Liability Limitation for any goods, Customer may request “Valuation Coverage” for the these goods by making a written request on
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