Terms & Conditions
STANDARD TERMS AND CONDITIONS (For Shippers)
1. DEFINITIONS.
In these Standard Terms & Conditions (“Terms & Conditions”), “Company” means Relocation Remedies, LLC, “Shipper, You or Your” means and refers to you, the person(s) who is relocating and discarding and/or donating household Goods. “Goods” means the household goods removed by Company and its Organizers to be donated or discarded. “Organizer” means the professional organizer hired by Company as an independent contractor to facilitate the organization, donation and/or discard of certain Goods. “Client” means Company’s client (not You) who secures or facilitates the Services provided to You by Company and its Organizers. “Services” means the organization, donation and discard Services provided to you by Company and its Organizers.
2. ACCEPTANCE OF TERMS & CONDITIONS.
By scheduling the Services with Company, You agree to be bound by these Terms & Conditions without modification. No other terms or conditions set forth by You shall be binding on Company. These Terms & Conditions may modified by the Company from time to time without notice and it is the Shipper’s duty to review the Standard Terms & Conditions posted on the Company’s website prior to scheduling the Services.
3. TITLE TO GOODS.
Upon removal of the Goods You identify, Company will, at Company’s sole cost, expense and risk, remove the Goods You identify from Your location. Effective upon Company’s removal of the Goods, You agree to transfer, assign and convey all of your right, title and interest to the Goods to Company. By identifying the Goods for removal by Company, You warrant that You are the sole owner of the Goods, or are otherwise authorized to cause them to be removed, donated and/or discarded. The sole consideration and benefit to You as a result of the removal, donation and/or discarding of the Goods is the convenience of having the Goods removed from Your location. No monetary or other consideration shall be due to you from Company, Organizer, or Client, as a result of the
performance of the Services.
4. DONATION OF GOODS / RECEIPT.
While Company attempts to donate as many Goods as it can to charity, it cannot guarantee any Goods will ultimately be accepted by a charity. Each charity reserves the right to refuse the Goods in its sole discretion. The Goods may be donated to more than one charity. If a charity will not accept some or all of the Goods, Company will recycle, discard or dispose of the Goods in any manner it sees fit. Company will provided a donation receipt for any Goods accepted by charity. Each charity will utilize a unique format. We will assist in returning a scanned or hard copy donation receipt from the specific charity to which Your Goods were donated. Company will not alter the donation receipt or assign a value to the donated Goods. The valuation of the donated Goods is the sole responsibility of the Shipper.
5. NO TAX ADVICE.
Company makes no representation concerning the tax treatment of any Goods donated by Shipper,
nor does it warrant or guarantee that the donation of any Goods by Shipper will result in a charitable contribution
deduction or other tax benefit to Shipper. Nothing contained in these Terms & Conditions, or any other document provided to You by Company, Organizer, or Client related to the Services is intended as, nor shall be construed as, local, state or federal tax advice for the benefit of Shipper, Client or any other person. All Shippers are hereby advised to consult with their own tax professionals concerning the potential tax implications of Company’s services.
6. PROHIBITED GOODS.
Company cannot accept any Goods that are harmful, hazardous or prohibited by Your community’s regular trash service. Company reserves the right to refuse all such Goods and any household hazardous waste as determined
by Company in its sole discretion. You are solely responsible for ensuring the Goods do not contain any personally identifiable information (“PII”) and agree that Company is not responsible for safeguarding any PII contained in or on the Goods.
7. LIMITATION OF LIABILITY; COVENANT NOT TO SUE.
IN NO EVENT SHALL COMPANY OR CLIENT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM OR ARISING OUT OF THE PERFORMANCE OF THE SERVICES, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF ANTICIPATED SAVINGS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; IDENTITY THEFT; OR ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED. YOU AGREE TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF THE COMPANY
AND CLIENT TO THE REPLACEMENT COST OF ANY AFFECTED GOODS. Shipper hereby covenants and agrees that its sole and
exclusive remedy for any and all liabilities, damages, claims, obligations, fines, losses and expenses (including attorney fees and costs) incurred or suffered by You, arising out of or related to the Services furnished to You by Company, shall be against the Organizer and not Company or its Client. You hereby covenant and agree not to bring or initiate any suit, demand, claim or other legal action against Company or Client, or attempt to hold Company or Client liable for any action or failure to act by any Organizer.
8. GOVERNING LAW AND DISPUTE RESOLUTION.
These Terms & Conditions and Company’s performance of the Services shall be governed by, construed and enforced in accordance with the laws of the State of Pennsylvania, irrespective of the choice of law rules of any jurisdiction. Company and Shipper agree that any action or proceeding to enforce, or arising out of the subject matter of any Services or breach thereof shall be submitted for final and binding arbitration before a single
arbitrator with appropriate subject matter expertise. Such arbitration shall be held exclusively in Allegheny County, Pennsylvania or in such other location as the parties may mutually agree. The award of the arbitrator may be enforced in any court of competent jurisdiction. In the event either party commences arbitration or other legal action relating to the Services, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs incurred in connection with the action.