KENMOVER HOUSEHOLD GOODS BILL OF LADING / FREIGHT BILL & PROPOSAL

for Non-Binding Estimate of Minimum Labor Hours

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COUNTERPART, ELECTRONIC SIGNATURES
The Bill of Lading and the Delivery Receipt and itemization of Charges to the executed upon receipt of the household goods which are the subject of such Bill of Lading may be executed in counterparts and delivery by facsimile or PDF (or other electronic transmission). Each of which shall be legal and binding and the same instrument and shall have the same force and effect as if a paper original of such documents had been delivered and had been signed using a handwritten signature. If such documents have been executed by electronic signature, the parties executing such documents are consenting that a signature by fax, email or other electronic means shall constitute an Electronic Signature to an Electronic Transactions Act, to the extent applicable, or under other applicable law with respect to the transaction provided for in such documents.

ATTENTION SHIPPER

I, DO NOT REQUEST THAT KENMOVER CONDUCT AN INVENTORY OF THE ITEMS TO BE MOVED.
I UNDERSTAND THIS OPTIONS AT NO ADDITIONAL COST. I ACCEPT RESPONSIBILITY FOR ANY MISSING ITEMS NOT DOCUMENTED PRIOR TO LOADING. IF THERE IS NO PROVEN NEGLIGENCE ON THE PART OF KENMOVER THIS MAY RESULT IN A DENIAL OF CLAIM.
I, DO REQUEST THAT KENMOVER CONDUCTED AN INVENTORY OF ALL ITEMS TO B,E MOVED. I UNDERSTAND THAT THIS WILL RESULT IN ADDITIONAL TIME AND CHARGES. THIS IS FOR THE PROTECTION OF THE SHIPPER AND KENMOVER.
VALUATION NOTICE
VALUATION NOTICE; THE CUSTOMERS RELEASED VALUE AT NO ADDITIONAL COST IS THE STANDARD SIXTY CENTS ($0.60) PER POUND PER ARTICLE VALUATION THIS IS NOT INSURANCE THIS IS THE MAXIMAL LIABILITY KENMOVER WILL OCCUR
3RD PARTY INSURANCE KENMOVER IS NOT AWARE OF ANY ADDITIONAL 3RD PARTY INSURANCE COVERAGE THE CUSTOMER HAS PURCHASED ANY SUCH INSURANCE AND ADDITIONAL COVERAGE IS BETWEEN SHIPPER AND INSURER UNDER A SEPARATE AGREEMENT.
SHIPPER MUST MAKE KENMOVER AWARE IF THEY HAVE PURCHASED 3RD PARTY INSURANCE.

TERMS & CONDITIONS

1. RATES: PLEASE NOTE THE HOURLY RATE STATED ON KENMOVER CONTRACT .THIS HOURLY RATE STARTS WHEN KENMOVER ARRIVE AT YOUR STARTING LOCATION AND ENDS WHEN KENMOVER FINISH AT THE FINAL DESTINATION (INCLUDING THE DRIVE TIME BETWEEN ANY AND ALL DROP OFFS OR EXTRA PICKUPS). PLEASE NOTE THAT THE QUOTE YOU WERE GIVEN ONLINE/PHONE WAS FOR AN HOURLY CHARGES AS PREVIOUSLY REFERENCED AND WILL BE ADJUSTED BASED ON THE ACTUAL TIME. OVERTIME: THE HOURLY RATE, AFTER 8 HOURS, WILL BE BASED ON TIME AND HALF INCLUDING TRAVEL, NOT APPLICABLE ON INTERSTATE MOVE.

3. TRAVEL: AN ADDITIONAL HOUR OR MORE OF TRAVEL TIME WILL BE ADDED TO LOCAL MOVES ABOVE 20 MILES FROM ORIGINAL DESTINATION. LOCAL TRAVEL TIME IS ADJUSTED TO COVER PRE-MOVE AND POST-MOVE TRAVEL.THIS INCLUDES TIME TO ARRIVE AT KENMOVER STARTING LOCATION AND TIME TO RETURN TO KENMOVER HOME BUSINESS BASE UPON COMPLETION OF THE MOVE ON SHORT HAUL MOVES, TIME WILL BE BASED ON ROUND TRIP TRAVEL TO AND FROM KENMOVER BASE./p>

4. ITEMS LEFT BEHIND: KENMOVER CANNOT BE HELD RESPONSIBLE FOR ITEMS LEFT AT RESIDENCE AFTER LOADING. IT IS YOUR RESPONSIBILITY TO MAKE SURE NOTHING IS LEFT BEHIND PLEASE MAKE SURE YOU CHECK CLOSETS, CABINETS, DRAWERS, ATTICS, NEIGHBORS’ RESIDENCE, BASEMENT, AND OUTSIDE AREAS PRIOR TO DEPARTURE.

5. HIGH VALUE ITEMS: KENMOVER MAY, WITHOUT DISCRIMINATION BETWEEN SHIPPER, REFUSE TO ACCEPT FOR TRANSPORTATION BANK BILLS, COIN (INCLUDING CHANGE JARS OR JUGS) OR CURRENCY, DEEDS, NOTES, DRAFTS, OR VALUABLE PAPERS OF ANY KIND, JEWELRY, POSTAGE REVENUE STAMPS, STAMP COLLECTIONS, PRECIOUS STONES OR ARTICLES OF PARTICULAR INHERENT OR EXTRAORDINARY VALUE, PRECIOUS METALS OR ARTICLES MANUFACTURED TO THERE FROM. THEREFORE, IN ORDER FOR KENMOVER TO ASSUME RESPONSIBILITY, THESE ITEMS MUST BE RENDERED TO KENMOVER AND IDENTIFIED PRIOR TO LOADING. A RECEIPT WILL BE GIVING TO YOU VIA EMAIL.

6. NON-TRANSPORTABLE ITEMS: KENMOVER ADVISES YOU, THE SHIPPER, THAT KENMOVER WILL NOT TRANSPORT ANY CASH, JEWELRY, ALCOHOL / LIQUOR, FIREARMS, AMMUNITION, ANYTHING FLAMMABLE AND OR COMBUSTIBLE, OR ANYTHING ELSE LISTED WITHIN THESE TERMS TO AVOID DAMAGE TO YOUR PROPERTY.

7. GOODS AND PROPERTY DAMAGE: ANY HOUSEHOLD GOODS DAMAGE OR PROPERTY DAMAGE THAT SHIPPER IS AWARE OF AT ORIGIN, DESTINATION OR ADDITIONAL STOPS SHOULD BE NOTED AT TIME OF LOADING OR PRIOR TO SIGNING DEVILRY RECEIPT.

8. APPLIANCES, ELECTRONICS, & FIXTURES: KENMOVER, advises you the shipper to disconnect and reconnect any and all of your appliances fixtures and or electronic. KenMover is not aware, nor will it warrant the mechanical operating condition of these items. To protect your belongings and property, KenMover requires you to disconnect, and reconnect and reconnect all appliances & electronics. In the event you request KenMover to assist with any disconnection, connection, or re-connection, you hereby assume any and all liability as related to such without limitations and including any ancillary potential damages. SHIPPER FURTHER RELEASES KENMOVER AND ALL ITS PERSONAL/AFFILIATES, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, (INCLUDING LOSS OF PROFITS OR BUSINESS) AND OR PUNITIVE, FORESEEABLE OR UNFORESEEABLE.

ATTENTION SHIPPER

9. PACKING: KENMOVER ALSO REQUIRES ALL GLASS, LAMPS, ANYTHING FRAGILE OR BREAKABLE, ETC TO BE PACKED PRIOR TO BEING LOADED, KENMOVER CAN PROVIDE PACKING SERVICE FOR ANY ITEMS REQUIRED AT AN ADDITIONAL COST OF LABOR AND MATERIALS THIS REQUIRED TO LOADING.

10. LABOR SERVICES ONLY AND 3RD PARTY STORAGE: IN THE EVENT KENMOVER LOAD OR DELIVER YOUR GOODS INTO ANY 3RD PARTY TYPE STORAGE UNIT, MOBILE TYPE STORAGE CONTAINER OR ANY FOREIGN VEHICLE OR RENT TRUCK ( NOT UNDER KENMOVER FULL CONTROL), THE KENMOVER LIABILITY WILL END AS SOON AS THE GOODS ARE LOADED OR DELIVERED INTO THAT PUBLIC SPACE OR VEHICLE ANY DAMAGES CAUSED BY KENMOVER MUST BE DISCLOSED TO KENMOVER BY SHIPPER AT THAT TIME IN WRITING. KEMOVER LIABILITY DOES NOT INCLUDE ANY PREEXISTING DAMAGE THAT OCCURRED DURING FOREIGN TRANSIT OR PREVIOUS HANDLING .IN ALL SITUATIONS DISCUSSED KENMOVER LIABILITY FOR ANY PIECE OF FURNITURE, PACKED BOX, ELECTRONICS OR ANY HOUSEHOLD APPLIANCES IS SIXTY CENTS ($0.60) PER POUND, PER ARTICLE. KENMOVER CANNOT OFFER ADDITIONAL VALUATION OR ADDITIONAL 3RD PARTY INSURANCE FOR ANY OF THE SITUATIONS LISTED IN THIS PARAGRAPH.

11. FUEL SURCHARGE: KENMOVER CHARGES A 10.00% FUEL SURCHARGE ON OUR SERVICES. THE SURCHARGE APPLIES TO THE FINAL COST OF ALL SERVICES INCLUDING BUT NOT LIMITED TO PACKING MATERIALS, LABOR AND SPECIAL HANDLING FEES.

LIMITATIONS TO LIABILITY

Section 1 – General Provisions:
For the purposes of this subsection, the following terms will mean:
Household goods carrier – the motor carrier/mover contracted to transport a shipment of household goods.
Shipper – the owner of the household goods shipment or his/her representative.
Changes to the moving service contract are not valid unless agreed to in writing by the household goods carrier and the shipper.
Household goods carriers will transport shipments with reasonable dispatch. Reasonable dispatch requires the transportation of a shipment within the agreed period of time shown on the moving services contract, except when circumstances beyond the carriers control, force majeure, prevent or delay transportation.
Moving services contracts must comply with all other applicable laws of the state of Texas.
Section 2 – Cargo Liability Provisions:
The household goods carrier is liable for any loss or damage to the shipment, except as listed in sub-paragraphs (2) and (3) of this paragraph.
The household goods carrier is not responsible for loss, damage, or delay due to acts of god, acts of civil authorities, defects in the shipment, a riot, a strike, or an act or default of the shipper.
Household goods carriers is not liable for loss or damage caused by transportation of cash, jewelry, firearms, animals, produce, high value items, family heirlooms, and flammable object unless the shipper notifies the carrier, in writing, of the nature of the goods and the carrier agrees, in writing, to the transportation of these goods prior to loading.
Section 3 – Claims Provisions:
A written claim must be filed by the shipper within 90 days of delivery of the shipment to the final destination. In case of failure to make delivery, then a written claim must be filed by the shipper within 90 days after a reasonable time for delivery has elapsed.
A household goods carrier is not liable for any claim that is not filed within 90 days of delivery of the shipment to the final destination. A household goods carrier is not liable for any claim that is not filed within 90 days after a reasonable time for delivery has elapsed for shipments that were not delivered.
Section 4 – Payment Provisions:
The shipper must pay the freight charges upon delivery unless shipper and household goods carrier agree otherwise.
Section 5 – Provisions for Shipments Not Delivered:
A household goods carrier may place a shipment of household goods into storage if the shipper is not available for delivery of the goods as scheduled.
The cost of such storage is the responsibility of the shipper of the household goods.
A shipment of household goods placed in storage is subject to liens for storage, freight, and other lawful charges.
A household goods carrier must issue written notice of the storage of the household goods to the shipper at each address shown on the moving services contract within three days of placing the goods in storage.
If the shipper refuses to accept or does not claim the household goods within 15 days of the written notice of storage, the household goods carrier may begin the process of selling the goods at public sale, as prescribed in Transportation Code, Chapter 6.
A household goods carrier must give written notice of the public sale to the shipper at each address shown on the moving services contract.
The moving services contract does not prohibit the sale of the goods under any lawful manner if the method set out in the contract cannot be reasonably accomplished.
KENMOVER
P.O.BOX 151442,
Arlington TX , 26015-7442

ARBITRATION

SUBJECT TO YOUR RIGHT TO REQUEST MEDIATION BY THE TXDMV OF ANY CLAIM YOU MAY HAVE AS INDICATED ABOVE, IF SUCH MEDIATION IS UNSUCCESSFUL, SUCH CLAIM OR DISPUTE BETWEEN YOU AND KENMOVER (‘’DISPUTE’’) IN TEXAS INTRASTATE COMMERCE, WHETHER UNDER FEDERAL STATE, OR LOCAL LAW, INCLUDING ANY VIOLATION OF ANY APPLICABLE LAW OR REGULATION, SHALL BE RESOLVED BY MANDATORY ARBITRATION IN DALLAS COUNTY, TEXAS IN ACCORDANCE WITH THE THEN EFFECTIVE ADMINISTRATIVE RULES FOR ARBITRATION OF THE TRANSPORTATION ADR COUNCIL (P.O BOX 15122, LENEXA, KANSAS 66285-5122;913-895-4615)AND THE FEDERAL ARBITRATION ACT IS DETERMINED BY THE ARBITRATOR(S) NOT TO BE APPLICABLE TO ANY DISPUTE, THEN SUCH DISPUTE SHALL BE RESOLVED BY ARBITRATION IN DALLAS COUNTRY, TEXAS IN ACCORDANCE WITH THE THEN EFFECTIVE ADMINISTRATIVE RULES FOR ARBITRATION OF ARBITRATION OF THE TRANSPORTATION ADR COUNCIL AND THE TEXAS GENERAL ARBITRATION ACT (TEXAS CIVIL PRACTICE & REMEDIES COE SECTIONS 171.001, ET SEQ.) YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY DISPUTE YOU HAVE WITH KENMOVER ON AN INDIVIDUAL BASIS PURSUANT TO ARBITRATION AS PROVIDED IN THIS PARAGRAPH. THIS MEANS YOU MAY NOT BRING ANY CLASS, COLLECTIVE , OR REPRESENT ACTION AGAINST KENMOVER, AND YOU MAY NOT PARTICIPATE IN OR RECOVER ANY DAMAGES UNDER ANY FUTURE CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION BROUGHT AGAINST KENMOVER BY A THIRD PARTY.
YOU AGREE THAT YOU ARE REQUIRED TO RESOLVE ANY DISPUTE YOU HAVE WITH KENMOVER ON AN INDIVIDUAL BASIS PURSUANT TO ARBITRATION AS PROVIDED IN THIS PARAGRAPH. THIS MEANS YOU MAY NOT BRING ANY FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST KENMOVER AND YOU MAY NOT PARTICIPATE IN OR RECOVER ANY DAMAGE UNDER ANY FUTURE CLASS. COLLECTIVE CONSOLIDATED. OR REPRESENTATIVE ACTION BROUGHT AGAINST KENMOVER BY A THIRD PARTY THE ONLY CIRCUMSTANCES IN WHICH YOU AND THE KENMOVER MAY JUDICIAL PROCEEDING ARISING OUT OF THE TRANSPORTATION OF YOUR GOODS IN TEXAS INTRASTATE COMMERCE ARE TO (1) ENFORCE YOUR RESPECTIVE RIGHT TO ARBITRATE AS PROVIDED FOR IN THIS PARAGRAPH , AND /OR (11) OBTAIN INJUNCTIVE RELIEF IN CONNECTION WITH A BREACH OF PROVISIONS OF THIS PARAGRAPH IN ANY JUDICIAL PROCEEDING TO ENFORCE ARBITRATION AS PROVIDED IN THIS PARAGRAPH , THE ONLY ISSUES TO BE DETERMINED WILL BE THE EXISTENCE OF AN AGREEMENT TO ARBITRATE AND THE FAILURE OF YOU AND /OR THE KENMOVER TO COMPLY WITH THIS PARAGRAPH AND THOSE ISSUES WILL DETERMINE SUMMARILY BY THE COURT WITHOUT A JURY.YOU AND THE KENMOVER UNDERSTAND AND ACKNOWLEDGE THAT(1) ARBITRATION IS FINAL AND BINDING ON BOTH YOU AND KENMOVER (EXCEPT IN EVERY LIMITED CIRCUMSTANCES PROVIDED IN THE APPLICABLE ARBITRATION RULES (2) YOU AND KENMOVER ARE WAIVING THE RIGHT TO SEEK REMEDIES IN COURT,INCLUDING THE RIGHT TO A JUDGE OR JURY TRIAL .(3) DISCOVERY IN ARBITRATION PROCEEDINGS IS GENERALLY MORE LIMITED THAN AND DIFFERENT FROM, DISCOVERY PERMITTED IN COURT PROCEEDINGS (4) THE ARBITRATORS AWARD IS NOT REQUIRED TO INCLUDE FINDING OF FACT OR LEGAL REASONING ;AND (5) KENMOVER RIGHT TO APPEAL OR SEEK MODIFICATION OF THE RULINGS OR AWARDS OF THE ARBITRATOR (S) IS STRICTLY LIMITED.
THE ARBITRATOR (S) WILL MAKE ITS (THEIR) AWARD IN WRITING AND WILL INCLUDE THE RATIONAL FOR THE DECISION ,THE AWARD SHALL INCLUDE AN AMOUNT AWARE TO THE PREVAILING PARTY FOR REASONABLE ATTORNEYS’ FEES, AND EXPENSES OF THE ARBITRATOR (S) WILL BE FINAL AND BINDING UPON YOU AND KENMOVER
I HEREBY AUTHORIZE THE PICKUP OF HOUSEHOLD GOODS AS SET FORTH BY THE TERMS AND CONDITIONS OF THIS CONTRACT AND ANY ADDENDUM(S).