Terms and Conditions

In retaining the services of To The Trade Delivery, Purchasers understand and agree that any and all work and services performed by To the Trade Delivery (“COMPANY”) are subject to the following terms and conditions:

LIABILITY OF COMPANY
The COMPANY will be liable for damages, for loss or injury to goods or items caused by its own negligence as negligence is determined and defined under the laws of the State of Maryland. 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 Purchaser 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. 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. 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. 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. 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. The COMPANY is not liable for any lost or stolen jewelry -- all jewelry should be removed and/or secured by the Purchaser. The Company is able to install items on-site to the best of their ability with limited liability. The Company cannot be responsible in any way for replacement value of any and all items installed and/or hung and/or other items damaged. THE COMPANY can not be responsible in any way for any and all damage and/or issues that occur due to improper hanging and/or installation of items. 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.
CLAIMS
It is expressly agreed that all claims must be submitted in writing, with two (2) Purchaser paid estimates/appraisals 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 Purchaser’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.
PURCHASER’S RESPONSIBILITIES AND LIABILITIES
The participation in the performance of any of the services to be performed by the COMPANY by the Purchaser or any of their friends, relatives, invitees, employees or representatives is expressly at the Purchaser’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. Purchaser 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. Purchaser is responsible for documenting any and all damage at origin and/or delivery. It is the Purchaser’s responsibility to have an authorized representative present to accept delivery and sign all necessary documents. The Purchaser 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.
PURCHASER’S ACKNOWLEDGEMNT
The Purchaser 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 Purchaser to contract for the services herein. If there be any claims or litigation concerning the Purchaser’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 Purchaser 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 CIRCUMSTANCES
The Purchaser 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 Purchaser(s). The Purchaser agrees to pay any specified charge in the Agreement for any waiting time beyond the control of the COMPANY, including but not limited to weather, construction or workmen, traffic, or Purchaser caused delays. Unless otherwise provided in the Agreement, the Purchaser shall secure and pay for any permits or licenses necessary for execution of proper delivery services of the Agreement.
MODIFICATION OF POLICY TERMS AND CONDITIONS
The COMPANY reserves the right to modify these terms and conditions after thirty days written notice to the Purchaser.
RECEIVING
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. COD deliveries to our warehouse without appropriate “Receiving” paperwork may be refused. Any freight damage claims are between the carrier, manufacturer, and the Purchaser. The COMPANY agrees to assist the Purchaser in the process by making the items available for inspections, etc.
STORAGE
The Purchaser can/should carry or obtain insurance to cover all items in storage. The COMPANY does not separately insure storage items while in its care and custody. 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.
THE COMPANY’S LIEN
The COMPANY shall have a lien against any and all property tendered to it by or on behalf of the Purchaser 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.. All goods upon which the COMPANY has alien, 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. 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. 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 Purchaser upon demand. Therefore, the COMPANY may at its option may bring suit for reimbursement pursuant to the foregoing provisions without first foreclosing upon its lien. 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 Purchaser or Purchaser’s account. 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 law of the State of Maryland.
CHARGES
All charges will be based on the COMPANY’S Rates, which are subject to change from time to time without notice. In the event payment pursuant to the terms of the Agreement is not timely made, the Company reserves the right to charge interest at the maximum legal rate permitted by law. 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 Company should it need to take such action.
ASSIGNMENT OF CONTRACT
Neither party to the Agreement shall assign the Agreement without written consent of the other.
GOVERNING LAW
All Agreements and Contracts shall be governed by the law of the State of Maryland.