Mizzentop E.T.S. Services

TERMS AND CONDITIONS OF SALE

“Mizzentop” refers to Mizzentop, Inc. a Pennsylvania corporation providing transportation and related services under the following d/b/a names: Mizzentop E.T.S., ICC 317147, DOT #458832; Mizzentop E.X.S., ICC 535261, DOT #1415812. “Customer” refers to the individual, company, or organization listed under “Customer” on the service agreement and/or delivery receipt.

SCHEDULE:

A schedule will be planned to expedite movement in the most cost effective manner for all customers. The customer will be advised of this schedule near the transportation date (projected dates/times may be supplied on the front side of the related service agreement).
Date and time shifts may be required or unavoidable due to traffic, weather conditions, equipment maintenance, DOT and weigh station mandates, and safe vehicle operation with regard to maximum legally allowable driving and on duty hours.
Specific schedule requests that were not part of an original proposal, should they be feasible, may incur an additional cost.

MERCHANDISE TO BE TRANSPORTED:
All merchandise to be transported by Mizzentop shall be owned by the customer with whom the related service agreement and/or delivery receipt is held.

Packaging:

All material that is provided in boxes, tubs, containers, etc. must be closed, sealed, and labeled to be considered ready for transport.
Mizzentop will not be liable or responsible for any breakage, scuffing, wear, or any other damage discovered upon delivery to material boxed, tubbed, wrapped, packaged, closed, sealed, or otherwise prepackaged by customer.
Furniture to be transported will be blanket-wrapped by Mizzentop.
Awkward or fragile items may require crating or additional handling. If Mizzentop performs any of the aforementioned packaging/handling, the customer will incur additional charges (at current hourly rates plus material costs).
Mizzentop reserves the right to decline acceptance of any item for transport. Reasons for decline may include inadequate boxing or crating to ensure safe and effective transport. Alternatively, Mizzentop may accept the item(s) with the expressed understanding that all risk and liability is borne by the customer and for which Mizzentop is not liable for any damage or loss that may occur.
Truck space / cargo capacity: If the rate quoted is based upon a maximum space allocation and the customer wishes to exceed that space (either round trip or one way), additional space may be purchased if available. Availability of additional space is not guaranteed. Customer agrees that Mizzentop will not be responsible for or liable for any breakage, scuffing, wear, or any other damage to oversized materials that cannot fit safely into the customer’s contracted space.

RATES:

Basic service rates are quoted based upon acquisition and destination locations listed, material as itemized, and other factors specified with the service proposal.
The customer may request additional material acquisition or destination locations not specified on the service agreement. Should they be feasible, the stops will be added and the customer will be invoiced accordingly.
Unless specified otherwise under details of service, delivery service includes up to one hour on-site at each location; antique show transport service includes up to two hours on-site at each location for each occasion of movement (move in and move out). Additional time required will be invoiced at current rates.
If the destination location is an antique show, the final destination is considered the customer’s booth space unless specified otherwise under details of service.
Any misrepresentation, whether intentional, unintentional or through no fault of the customer, of location accessibility (regarding vehicle access and factors affecting material movement, such as stairs), may result in additional charges to complete transport.
Should additional manpower or machine labor be required to move overweight or oversize material not disclosed in advance, additional charges may apply.
Should additional services not specified in the service agreement be rendered, the customer will be invoiced accordingly at current rates.
No customer is granted exclusive use of any truck’s capacity; Mizzentop retains the right to control all cargo being transported.

MATERIAL CONDITION, INSURANCE, AND LIMIT OF LIABILITY:

Condition:

Material transported by Mizzentop is primarily of an antique nature. Because all material is not considered new, it is assumed by both parties that items may already show signs of age, use, wear, and deterioration.
Inspection of all material shall be made by the customer or his representative at the time and place of delivery. Should any detrimental condition be observed and considered a result of handling or transport by Mizzentop, written notification shall be provided either on the delivery receipt or customer masthead at the time of delivery.
Failure to provide written notification of condition of the material either upon delivery or within two business days of delivery shall be proof of receipt of the material in good condition. Claims for damage must be in writing, specifying the nature of the damage, the amount of the damage, and the cause of the damage. Claims must be presented within 9 months of the date of delivery. Any such notice must be made by certified mail, return receipt requested, addressed to: Mizzentop, Inc., P.O. Box 196, Refton, Pennsylvania 17568.

Insurance:

The customer has the option of self-insuring against damage or loss, or may elect to be named as an additional insured on Mizzentop’s insurance policy upon approval of Mizzentop’s insurance company or agent. If customer elects to be named as an additional insured on Mizzentop’s insurance policy, an additional charge will apply. Customer understands that this charge is for the customer’s addition by Mizzentop’s insurer as an additional insured. Customer further understands, acknowledges and agrees that Mizzentop is not an insurance agent or provider. No agency relationship is created by the election to be named as an additional insured and customer hereby agrees and acknowledges that Mizzentop is not subject to any insurance laws. Customer also acknowledges and agrees that it has the right to provide insurance through another agency or may self-insure.
If the customer has not specifically elected to be named as an additional insured and/or has not paid for such coverage prior to material transport, handling, or warehousing, customer has waived such additional insured coverage and is considered self-insured. Self insurance may be defined as coverage through the customer’s existing insurance policy(ies) or as bearing any cost associated with risk of loss oneself.
If the customer has elected to be named as an additional insured, it will be governed by the full terms of the policy. A copy of said policy may be requested. Failure to provide notification of any damage within the required guidelines may limit coverage.

Limits of Liability:

Customer may choose between two levels of liability. Customer may elect either to have Mizzentop’s liability (1) limited to a value of $.60 per pound per article or (2) limited to the declared value of the item. If customer elects a limit of liability equal to a declared a value for the material, customer must present proof of the declared value and elect to be named as an additional insured. In the event that customer does not elect a value of the material at the time of contracting, Mizzentop’s liability will be limited to $.60 per pound per article.
If customer elects to be named as an additional insured, customer must comply with all claim notification requirements listed above, including but not limited to noting damage on the delivery receipt upon delivery and timely notifying Mizzentop within 2 days of any damage. If customer fails to comply with these requirements and any requirements specified in the insurance policy, Mizzentop has the right to deny any claim to the purchased insurance.
Mizzentop will not be held liable for any special, incidental, indirect, or consequential damages including without limitation loss of business, loss of profits, loss of revenue, punitive damages, or exemplary damages.
Mizzentop will not be liable for loss or damage due to the acts of the shipper, owner, customer, or consignee; the inherent nature or vice of the material; Acts of God or nature; Acts of Public Authority; Acts of Public Enemy; quarantine; embargo; riot; strike; perils of navigation; or hazard and danger incident to a state of war.

Warehouseman or Bailee Status:

In certain circumstances after the termination of transportation, Mizzentop will retain possession of customer’s material. At that time, Mizzentop’s status as a carrier changes to that of a warehouseman or bailee. In such instances, Mizzentop’s liability is limited to that of a warehouseman or bailee, and Mizzentop is liable only for negligence. If a released rate is in effect during the transportation then Mizzentop is liable only for the released value and not for the full value of the material.
At such time as warehousing or bailment occurs, Mizzentop will not be held liable for any special, incidental, indirect, or consequential damages including without limitation loss of business, loss of profits, loss of revenue, punitive damages, or exemplary damages.
At such time as warehousing or bailment occurs, Mizzentop will not be liable for loss or damage due to the acts of the shipper, owner, customer or consignee; the inherent nature or vice of the material; Acts of God or nature; Acts of Public Authority; Acts of Public Enemy; quarantine; embargo; riot; strike; perils of navigation; or hazard and danger incident to a state of war.

MISCELLANEOUS:

These terms and conditions of sale, separately or in conjunction with any service agreement between Mizzentop and the customer, is a valid legally binding contract to be construed according to the laws of Pennsylvania.
These terms and conditions and each service agreement constitutes the full understanding of the parties, and no term, condition, understanding or agreement purporting to modify or vary the terms of the document shall be binding unless made in writing and signed by the party to be bound.
The parties hereby agree that any dispute arising out this contract or the transport of material hereunder will be brought in the Court of Common Pleas in Lancaster County, Pennsylvania.

rev. Jan07