Elevated Moving LLC Terms of Service

The following contains the general terms and conditions of the contract under which Elevated Moving, LLC (“Elevated Moving” or “Company”) services are provided. These terms and conditions are subject to change without prior notice. The most current version of these terms and conditions is published on the Elevated Moving, LLC website: https://www.elevatedmoving.com/terms. In using Elevated Moving’s services, the Customer agrees that the version of these terms and conditions then in force will apply to Elevated Moving services.

Office & Receiving Hours

Elevated Moving’s office and receiving hours are Monday through Thursday 9am-4pm and Friday 9am-2pm, however the office will be closed for lunch from 12-1 everyday. Any phone calls or emails received outside of these hours will be addressed as soon as possible.

Receiving

1. Receiving services are billed according to whichever is the greater of dimensional weight or actual weight of the item.
2. Dimensional weight is calculated as the volume of the item (in cubic inches) divided by the dimensional weight divisor, which is 300. Dimensional weight cannot exceed 500 pounds.
3. Unless otherwise directed, merchandise which arrives in broken or damaged cartons/crates/pallets will be accepted and the damage will be noted on the signed receipt.
4. The Customer may choose between the Standard receiving package or the Elevated receiving package.
   • Items received as Standard receiving will not be inspected unless there is visible damage, and only damage will be photographed.
   • Every item received as Elevated receiving will be unpackaged, fully inspected, and photographed within one business day of receipt.
5. The Customer must choose a default receiving package for their account. The Customer can change the default at any time by emailing info@elevatedmoving.com.
6. The Customer may also choose to use a different receiving package for a specific job, but must notify us in writing (again, by emailing info@elevatedmoving.com).
7. Any changes to the receiving package will only apply to items received after the Customer submits the written request. The Customer cannot retroactively declare that item(s) or job(s) were supposed to be treated as a different receiving package.
8. Any paperwork Elevated Moving receives for a shipment will be scanned, and all scans and photographs will be made available to the Customer on Elevated Moving’s web application.
9. All claims are between the Customer, carrier and manufacturer. Elevated Moving’s position is to assist in the claim process if possible. The Customer upholds all direct contact and responsibility with the carrier & manufacturer.
10. Elevated Moving is not liable for any merchandise fees or charges accrued by Customer’s damaged merchandise.

Storage

1. Merchandise stored by Elevated Moving will be billed by the volume of each individual item, prorated to the day.
2. By default, merchandise stored by Elevated Moving will be billed monthly, at the beginning of each month, for the receiving and storage charges accrued in the previous month.
3. For merchandise associated with a scheduled installation job, the Customer may choose to instead combine all receiving, storage, and installation fees into one final bill upon completing the installation.
4. Access to stored items will be by appointment only.

Will-Call Pickup

1. The Customer must make an appointment to pick up items from Elevated Moving’s warehouse.
2. The Customer must provide Elevated Moving with a list of the item(s) to be picked up by 2:00pm on the business day before the scheduled pick up.
3. The Customer will be billed for the labor required to pull and/or unpackage the items being picked up, at Elevated Moving’s current hourly rate for labor-only, for a minimum time of fifteen (15) minutes per pickup.

Delivery

1. Unless otherwise directed, Elevated Moving’s default delivery service includes delivery and installation into prepared areas.
2. Elevated Moving will assemble any items that require assembly unless otherwise directed.
3. Elevated Moving will remove all packaging associated with the items delivered. Any other items or materials that are asked to be removed may accrue an extra disposal fee.
4. Items arriving the day of a scheduled delivery are not eligible for that delivery.
5. Elevated Moving does not hang items on the wall.
6. If an appointment is cancelled within 24 hours of its scheduled start time (excluding weekends and holidays), customer’s will be subject to a cancellation fee of at least one (1) hour at current rates for the vehicle(s) and laborer(s) that were scheduled.
7. Elevated Moving invoices drive time from pickup location/warehouse/previous job to the delivery location, and for installation time.
8. Elevated Moving’s standard delivery hours are Monday through Friday, 9:00am to 5:00pm. Elevated Moving reserves the right to charge an additional 50% of standard rates for any work performed outside regular business hours, including holidays.
9. Any damage found must be reported on the delivery receipt at the end of delivery. Once signed by the Customer no damage claims can be made.
10. Elevated Moving is not liable for damage found at the delivery if the Customer selected to not have items inspected upon receival.

Estimates & Services Not Provided

1. Verbal “quotes” are estimates only. Only written estimates are honored. All estimates are subject to change based on changes to published rates; scope of work; and/or fuel price increases.
2. Elevated Moving’s provided services do not include the following, and if any such services become necessary, Elevated Moving charges for such services at a rate to be determined by Elevated Moving: removal or installation of electrical, gas, or other fittings requiring the services of licensed third parties; removing, installing, or re­installing carpets or floor coverings; connecting or disconnecting washing machines and dishwashers; hanging or re­hanging of curtains; or preparing a detailed inventory of merchandise for shipping and/or delivery.

Factory Returns

1. Elevated Moving charges an additional fee to re­box merchandise received in damaged or improper boxing. Elevated Moving charges storage fees for merchandise waiting to be returned.
2. All return authorization paperwork and shipping label(s) must accompany all boxing requests to secure a position in the schedule. Elevated Moving is not responsible for any delays in the return schedule.

Billing & Payment

1. Customers will be sent an electronic invoice which can be paid online, or by mailing a check to the address provided.. If further costs not initially discovered at the time of service occur, customers will be invoiced per the published rates.
2. Elevated Moving will only issue freight checks with advanced arrangement. All freight checks are subject to a check fee of $10.00 per check that Elevated Moving issues.
3. Payment must be made in full by the due date specific on the invoice. Interest shall accrue on all overdue accounts at a rate of ten (10) percent each month from the original invoice due date.
4. Invoice disputes must be addressed within two business days of the invoice date. After that time all invoices are final.
5. Disputing costs incurred does not entitle delaying payment nor does it entitle short pay of invoice. If a dispute occurs, the customer must pay the invoice in full. If Elevated Moving decides that the customer is entitled to a refund, that refund will be made according to the form of payment of the invoice that is in dispute and within a sixty (60) day period of the invoice date.
6. Invoices not paid in full after ninety (90) days will be processed as a “bad debt” and will be subject to additional collection procedures.
7. Elevated Moving will not release any merchandise until all accrued and unpaid charges are paid in full and the customer is in a positive status with Elevated Moving. Elevated Moving is authorized to lien any and all merchandise in its possession for all accrued and unpaid charges. Elevated Moving is authorized to sell at a public auction to recoup unpaid invoices and costs, after due notice given to the customer and publication of the time and place of the sale as required by applicable law. Pursuant to Utah Code Ann. (70A­7a­209) and other applicable laws.

General Terms of Service

1. Elevated Moving assumes agreement and acceptance of published terms & conditions for all current customers invoiced, with or without contact of current customer.
2. All information stated in Elevated Moving terms & conditions will be applied to all accounts, with or without obtaining signature of terms and conditions.
3. All Receiving, delivery and storage of customer goods by Elevated Moving will automatically enforce acceptance of terms and conditions by customer with or without prior notice.
4. Customer warrants that the merchandise delivered, received, and/or stored by Elevated Moving is not, or is likely to not be, of a dangerous, corrosive, inflammable, explosive or damaging nature and is not likely to encourage vermin or other pests. Customer shall indemnify Elevated Moving against any claim arising or expenses incurred by customer as a result of this warranty.
5. Customer warrants that the merchandise delivered, received, and/or stored by Elevated Moving is owned by the customer or that customer has authority to deliver, receive, or store such merchandise. Customer shall indemnify Elevated Moving against any claim arising or expenses incurred by customer as a result of this warranty.
6. Customer warrants that the merchandise delivered, received and/or stored by Elevated Moving does not contain: jewelry; precious stones or metals; money; deeds; securities; bonds; stamps; coins; or other valuable collections; stolen goods; drugs; illegal goods; aerosols; paints; firearms; or any extremely flammable goods; ammunition; and/or animals. Customer shall indemnify Elevated Moving against any claim arising or expenses incurred by customer as a result of this warranty.
7. Elevated Moving assumes no liability for loss or damage to customer’s merchandise caused by rust, mold, change of temperature, humidity, acts of god or other causes beyond Elevated Moving control. In no event shall Elevated Moving be liable for any loss or damage of any kind of merchandise with the exception of loss & damage caused by Elevated Moving own negligence, and only if the customer can provide substantial, physical proof of Elevated Moving negligence.
8. In the event that Elevated Moving is responsible for damages to any article, Elevated Moving reserves the right to repair the article. If replacement is deemed necessary by Elevated Moving, then the replacement is valued at the customer's costs of article and no more.
9. Elevated Moving may enter into contracts with subcontractors to carry out the whole or any part of this agreement.
10. Elevated Moving will endeavor to provide its services within the agreed upon time, but shall not be liable for any loss suffered by customers as a result of Elevated Moving’s delay, whether or not such delay is beyond Elevated Moving control.
11. This agreement supersedes and voids any and all prior or contemporaneous communications, agreements and understandings between the parties related to the subject matter hereof, whether oral or written, and contains the entire agreement between the parties with respect to the subject matter hereof.
12. Elevated Moving’s failure to insist upon strict performance of any of the terms or conditions of this agreement will not constitute a waiver of any of its rights hereunder.
13. This agreement shall be governed by and constructed in accordance with the laws of the State of Utah, without regard to conflict of laws principles. The state and federal courts of the State of Utah shall have sole and exclusive subject matter and personal jurisdiction over each party and any matter brought under, or by reason of, this agreement.
14. In any action brought to enforce the terms of this agreement, the prevailing party shall recover its reasonable costs of enforcement, including without limitation, costs and actual attorneys’ fees incurred therein.