LIABILITY OF COMPANY: (a) The liability of THE COMPANY is limited to $0.60 per pound per
article & in no event shall THE COMPANY be liable or responsible for any loss or damage
due to any other causes other than THE COMPANY'S own negligence;(b) THE COMPANY is not
responsible for injury or damage to any fragile articles (articles susceptible to breakage or
crushing), including but not limited to granite, glass, ceramic, marble, table tops, artwork,
and mirrors; (c) THE COMPANY will not be liable for loss or damage caused by ordinary wear and
tear, leakage, mold, mildew, termites, rodents, vermin, moths, and other insects, rust,
fumigation, heat, change in temperature, or other atmospheric conditions, natural deterioration,
inherent vice or defect of the property, de-lamination of laminate or veneer furniture or damage
to press board/particle board, manufacturer defects, poor construction or assembly, preexisting
damage or loss damage or delay contributed to or caused by the act or omissions of the Customer
or by acts of war, terrorism, insurrection, nuclear fusion, strikes, labor disturbances, fire,
riots, or by any acts of God, or any cause beyond the Company's control, nor for loss or damage
to items that are not packed, transported or unpacked by anyone other than employees of THE
COMPANY; (d) THE COMPANY is not responsible for mechanical or electrical malfunction of, nor for
damage or injury to the internal functioning of any article, such as, but not limited to
computers/computer equipment, pianos, electronics, electromechanical devices, instruments or
appliances, whether or not such articles are packed or unpacked or stored or transported by
THE COMPANY; (e) THE COMPANY shall not be responsible for loss or damage to any pieces,
furniture or other items, which are loaded (e.g. drawers, shelves, etc) nor to articles
contained in drawers or in packages, cases, or containers not packed or unpacked by THE COMPANY;
(f) There shall be no liability on the part of THE COMPANY for property or residential
damage due to restricted access at either origin or delivery, nor for property or residential
damage when handling bulky items within restricted areas, such as, but not limited to pianos,
organs, appliances, sofas, bookcases, dressers, desks, chairs, armoires, and over-sized pieces;
(g) THE COMPANY will not be liable for any damage to items loaded or unloaded into a rental
truck or container, or a self-storage unit; (h)The Company is able to install items on-site to
the best of their ability with limited liability. Justo Delivery cannot be responsible in any
way for replacement value of any and all items installed and/or hung and/or other items damaged.
(i) THE COMPANY, cannot be responsible for time lost, future sales, or professional compensation.
THE COMPANY cannot be responsible in any way for any and all damage and/or issues that occur due
to improper hanging and/or installation of items.
CLAIMS: It is expressly agreed that all claims must be submitted in writing, with two
(2) customer estimates /appraisals for repair within 30 days from the date of delivery.
Payment in full of all charges due and owing is a condition precedent to submission of
a claim. Any and all claimed loss or damage must be noted at the time of delivery. It
is the customer's responsibility to be able to provide a current appraisal or receipt
for the item(s) being shipped in order to show proof of value. The appraisal must be
less than one year old. Proof of value must exist and be available prior to shipping.
THE COMPANY shall only be responsible for damage in the amount of $0.60 per pound per
article if no additional coverage has been selected at time of order acceptance.
Orders with a deductible of $750.00 will be limited to coverage for total loss up to
$3 / lbs. or value of merchandise whichever is lower, this includes transportation and
professional services. Orders with a deductible of $500.00 will be limited to coverage
for total loss up to $5 / lbs or value of merchandise whichever is lower, this includes
transportation and professional services. Orders with a deductible of $0.00 will be
limited to coverage for total loss up to $8 / lbs or value of merchandise whichever is
lower, this includes transportation and professional services. In all cases and in all
claims against the carrier, Carrier reserves the right to repair the item with their
choice of services before honoring any customer provided estimate. In the event Justo
agrees to settle a claim it will only be liable for the amount of exposure listed above
in this document. In the event that shipping charges are reversed or disputed the claim
is immediately nullified. THE COMPANY will not be responsible for any payment or claim
amount of the claimant proceeds with repairs or replacement prior to Company having
opportunity to repair first. In the event that the claimant proceeds with repairs or
replacement prior to Justo approval then Justo will be limited to the coverage as
described above unless we can provide reasonable proof of repair at a lesser value.
CUSTOMER'S RESPONSIBILITIES AND LIABILITIES: (a) The participation in the performance
of any of the services to be performed by THE COMPANY by the customer or any of their
friends, relatives, invitees, employees or representatives is expressly at the
customer's own risk, and specifically releases and agrees to fully indemnify THE COMPANY
from any and all liability for injuries sustained to any of said persons, including
costs and fees incurred by THE COMPANY in defending any such claims or lawsuits;
(b) Customer is responsible for ensuring that all items to be picked up and/or
delivered are tendered to THE COMPANY and that no items are left at origin;
(c) Customer is responsible for documenting any and all damage at origin and/or delivery;
(d) It is the customer's responsibility to have an authorized representative present to
accept delivery and sign all necessary documents. The customer expressly waives the
right to dispute delivery and/or the condition of any items at delivery if an
authorized representative is not present to sign for the items at delivery.
CUSTOMER'S ACKNOWLEDGEMNT: The customer has represented and warranted to THE COMPANY
that he/she has lawful possession of, and legal right, interest and authority to
lender all of the property herein described, and that there are and will be no
liens, mortgages, or encumbrances on said property superior or adverse to the
legal right, and authority of the customer to contract for the services herein.
If there be any claims or litigation concerning the customer's representation and
warranties herein, including claims of ownership and/or possession made by any
third party with regard to the property described herein, the customer agrees to
pay all storage and other charges and further agrees to indemnify THE COMPANY for
all costs, expenses and attorney's fees which THE COMPANY may be reasonably incur
or become liable to pay in connection therewith. THE COMPANY shall have a lien on
said property for all charges and for such costs and expenses.
SPECIAL CIRCUMSTANCE: The customer shall arrange in advance for all necessary
elevators, loading dock, ingress/egress and/or other services and any charges/delays
for same will be paid for by the customer(s). The customer agrees to pay any
specified charge in this contract for any waiting time beyond the control of
THE COMPANY, including but not limited to weather, construction or workmen,
traffic, or customer caused delays.
MODIFICATION OF POLICY TERMS AND CONDITIONS: THE COMPANY reserves the right to
modify the terms and conditions of this agreement after thirty days written
notice to the customer.
RECEIVING: a) THE COMPANY receiving inspection is limited to obvious and
blatant damage only such as: Large tears or large holes exposing the item
within the packaging unless THE COMPANY is authorized to unpack and inspect
each item while the driver waits for a complete inspection. b) COD deliveries
to our warehouse without appropriate "Receiving" paperwork may be refused.
c) Any freight damage claims are between the carrier, manufacturer, and the
customer. THE COMPANY agrees to assist the customer in the process by making
the items available for inspections, etc. In no way is THE COMPANY responsible
for items received with concealed damage. A Justo representative is available
to assist clients in the freight claim process but in no way is responsible
for the freight claim outcome. THE COMPANY'S charges for filing the freight
claim will still be due regardless of the outcome of the claim.
INSURANCE: a) The customer can/should carry or obtain insurance to cover all items
in storage. The customer may also purchase Declared Value Protection through
THE COMPANY. Declared Value Protection does not supercede THE LIABILITY OF THE
COMPANY mentioned herein. Otherwise the liability of THE COMPANY is limited to
$0.60 per pound per an article. b) No merchandise will be released from THE
COMPANY'S custody or control until all charges are paid in full, unless
otherwise agreed in writing by THE COMPANY.
STORAGE: Items in THE COMPANY’s possession default to storage at a rate
of five dollars ($5.00) per order per day after ten (10) days unless a
contractual agreement supersedes this clause. Orders in excess of five
(5) pieces may result in a higher rate.
STORAGE IN TRANSIT: Orders held in THE COMPANY possession due to no fault
of THE COMPANY are subject to a storage in transit fee of five dollars
($5.00) per day per order for orders with up to five (5) pieces. Orders
with six (6) or more pieces are subject to a quoted rate which may exceed
five dollars ($5.00) per day.
THE COMPANY'S LIEN: (a)THE COMPANY shall have a lien against any and all
property tendered to it by or on behalf of the customer for all charges
incurred, including without limitation those in the Rate Sheet, for
monies advanced, for transportation, storage, interest, labor, and any and
all other charges or expenses in relation to said property, and that said
lien shall extend to the proceeds from the sale thereof , as well as any
and all other costs incurred to enforce THE COMPANY'S lien, such as those
costs for notice, advertisement of sale, and the actual costs of sale,
together with any costs, expenses and attorney's fees that may be incurred
as a result of a sale, and/or the enforcement of THE COMPANY'S lien.;
(b) All goods upon which THE COMPANY has a lien, are subject to sale at
public auction to satisfy any and all unpaid charges, including interest,
plus the expenses for preservation of the goods reasonably incurred in
their sale, as well as any legal expenses including reasonable attorney's
fees, which maybe necessitated by said sale; (c) The lien upon all
property tendered to THE COMPANY shall also include all unpaid charges and
expenses pertaining to property previously tendered to THE COMPANY
regardless or whether said property has been delivered by THE COMPANY;
(d) The parties agree that in any sale conducted to satisfy THE COMPANY'S
lien, all property which is subject to the lien shall be sold. Proceeds
for the sale in excess conducting the sale shall be remitted to the
customer upon demand therefore; (e) THE COMPANY may at its option may
bring suit for reimbursement pursuant to the foregoing provisions without
first foreclosing upon its lien; (f) THE COMPANY shall have a further
lien and may reserve other security interest in property which has been
or will be tendered to it to secured repayment of money's and interest
thereon advanced to a customer or customer's account; (g) THE COMPANY
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 Uniform Commercial Code
as adopted in Texas, and/or relevant statutes.
CHARGES: All charges will be based on THE COMPANY'S Rates, which is subject
to change from time to time without notice. If it should become necessary
for THE COMPANY to pursue collection efforts, including litigation, to
collect the charges due and owing, THE COMPANY shall be entitled to recover
all cost and legal fees incurred by the need to take such action.
FORFEITURE OF DISCOUNT: All rates specified include a twenty percent (20%)
tariff discount. Orders on an account basis risk forfeiture of such discount
if invoices are not paid within specified terms.
CHOICE OF LAW: This agreement shall be governed by California law and any
causes of action brought pertaining to this agreement shall be brought in
State Court in Santa Clara, California
THE COMPANY and the customer acknowledge our policy and rate forms and the
terms mentioned herein on any and all work performed by THE COMPANY.
LOCATION SERVICES:- The Justo Driver App needs your permission to track your location while you are logged in.
This will mean that while you are delivering package so customer can easily track their order.
BACKGROUND LOCATION SERVICES:-The Justo Driver Mobile Application needs your permission to track your location when your application
is in background mode.
This will mean that while you are delivering package so customer can easily track their order.