Terms & Conditions

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Terms & Conditions

1. THE PROVISIONS OF THIS AGREEMENT, INCLUDING THE TERMS AND CONDITIONS CONTAINED HEREIN, REPRESENTS THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN ALLSTATE MOVING AND STORAGE, INC. (HEREAFTER ALLSTATE MOVING AND STORAGE) AND CUSTOMER WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDES ALL OTHER NEGOTIATIONS, UNDERSTANDINGS AND REPRESENTATIONS (IF ANY) MADE BY AND BETWEEN SUCH PARTIES, INCLUDING ANY REPRESENTATIONS MADE BY ANY ESTIMATOR. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF ANY ESTIMATE AND THE BILL OF LADING, THE TERMS OF THE BILL OF LADING SHALL CONTROL. THIS AGREEMENT MAY NOT BE AMENDED, SUPPLEMENTED OR WAIVED ORALLY, BUT ONLY IN WRITING, SIGNED BY BOTH ALLSTATE MOVING AND STORAGE, INC AND CUSTOMER AND MAKING SPECIFIC REFERENCE TO THIS AGREEMENT.

2. CUSTOMER MAY NOT ASSIGN ITS RIGHTS OR OBLIGATIONS UNDER THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF ALLSTATE MOVING AND STORAGE.

3. NOTHING IN THIS AGREEMENT, WHETHER EXPRESSED OR IMPLIED, IS INTENDED TO CONFER ANY RIGHTS OR REMEDIES ON ANY PERSON OTHER THAN THE PARTIES HERETO AND THEIR RESPECTIVE LEGAL REPRESENTATIVES, HEIRS AND PERMITTED ASSIGNS, NOR IS ANYTHING IN THIS AGREEMENT INTENDED TO RELIEVE OR DISCHARGE THE OBLIGATION OR LIABILITY OF ANY THIRD PERSON TO ANY PARTY TO THIS AGREEMENT, NOR SHALL ANY PROVISION GIVE ANY THIRD PERSON ANY RIGHT OF SUBROGATION OR ACTION OVER OR AGAINST ANY PARTY TO THIS AGREEMENT.

4. CUSTOMER HAS HIRED ALLSTATE MOVING AND STORAGE AS A MOVING COORDINATOR/SHIPPER AGENT/BROKER AND NOT TO HANDLE OR OTHERWISE PARTICIPATE IN A MOVE AS A CARRIER IN ACTING AS A SHIPPER AGENT ONLY, ALLSTATE MOVING AND STORAGE IS NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF THE CARRIER OR ITS EMPLOYEES OR AGENTS. CUSTOMER MUST PURSUE THE CARRIER FOR ALL CLAIMS FOR PROPERTY DAMAGE AND PERSONAL INJURY OR DEATH, INCLUDING WITHOUT LIMITATION, ANY CLAIMS FOR DAMAGE TO PROPERTY, LOST OR STOLEN GOODS, DELAYED PICKUP OR DELIVERY, ACTIONS OF ESTIMATORS, DRIVERS, PACKERS OR MOVERS, OR OTHER TYPES OF CLAIMS. ALLSTATE MOVING AND STORAGE WILL ACT ON BEHALF OF THE CUSTOMER IN RESOLVING ANY CLAIMS OR DELAY ISSUES WITH THE CARRIER. THE CARRIER’S MAXIMUM LIABILITY IS LIMITED TO THE LESSER OF THE FOLLOWING: (A) THE AMOUNT OF THE ACTUAL LOSS OR DAMAGE, (B) AN AMOUNT EQUAL TO SIXTY CENTS (60¢) PER POUND MULTIPLIED BY THE ACTUAL WEIGHT (IN POUNDS) OF THE LOST OR DAMAGED ARTICLE; OR (C) THE LUMP SUM DECLARED VALUE.

5. AS A PROPERLY LICENSED INTERSTATE MOVING COORDINATOR/SHIPPER AGENT/BROKER, ALLSTATE MOVING AND STORAGE IS NOT A MOTOR CARRIER AND WILL NOT TRANSPORT AN INDIVIDUAL CUSTOMER/SHIPPER’S HOUSEHOLD GOODS, BUT WILL ORGANIZE AND AND ARRANGE FOR THE TRANSPORTATION OF HOUSEHOLD GOODS BY ANY FMCSA AUTHORIZED MOTOR CARRIER, WHO’S CHARGES WILL BE DETERMINED BY ITS PUBLISHED TARIFF. ALL ESTIMATED CHARGES AND FINAL ACTUAL CHARGES WILL BE BASED UPON THE CARRIER’S TARIFF WHICH IS AVAILABLE FOR INSPECTION FROM THE CARRIER UPON REASONABLE REQUEST.

6. FULL REPLACEMENT INSURANCE IS AVAILABLE UPON REQUEST FROM ALLSTATE MOVING AND STORAGE VIA AN INSURANCE PROVIDER OF ITS CHOICE. THE INSURANCE WILL BE BILLED SEPARATELY AND IT IS NOT PART OF THE ORIGINAL DEPOSIT. A POLICY NUMBER MUST BE ISSUED AND INSURANCE PAPERWORK MUST BE SIGNED BY THE CUSTOMER AND RETURNED TO ALLSTATE MOVING AND STORAGE PRIOR TO PICKUP AND/OR PACK DATES IN ORDER TO PROCESS A CLAIM.

7. ANY AND ALL LAWSUITS MUST BE FILED IN PALM BEACH COUNTY.

8. CUSTOMER WILL BE SUBJECT TO ALL APPLICABLE LAWS AND THE GENERAL TERMS AND CONDITIONS OF THE CARRIERS CONTRACT, WHICH SHALL INCLUDE WITHOUT LIMITATION, A REQUIREMENT THAT PAYMENT IN FULL OF ALL CHARGES IS DUE BEFORE UNLOADING OF THE GOODS IN ACCORDANCE WITH THE CARRIER’S LAWFUL LEIN ON THE PROPERTY.

9. AS THE CUSTOMER, I AGREE TO PAY THE TOTAL CHARGES FOR THE MOVING ORGANIZER SERVICES TO BE PROVIDED BY ALLSTATE MOVING AND STORAGE, INC. I UNDERSTAND THAT MY DEPOSIT/FEE REPRESENTS ONLY A FRACTION OF MY TOTAL ESTIMATED SERVICE CHARGES. DUE TO SCHEDULING AND ROUTING REASONS, MY DEPOSIT/FEE IS NOT REFUNDABLE, UNLESS I NOTIFY ALLSTATE MOVING AND STORAGE, INC IN WRITING TO CANCEL@ALLSTATEMOVINGANDSTORAGE.COM WITHIN 72 HOURS FROM THE DAY OF RESERVING MY MOVE. IF THE FIRST AVAILABLE PICKUP DATE IS WITHIN 5 BUSINESS DAYS OF THE DATE I RESERVE MY MOVE, THEN MY DEPOSIT IS NON-REFUNDABLE. I UNDERSTAND WHEN CANCELING MY RESERVATION THERE WILL BE A 5% CANCELLATION FEE THAT WILL BE DEDUCTED FROM MY REFUND. THE 5% CANCELLATION FEE ONLY APPLIES TO THE DEPOSIT AMOUNT, NOT THE TOTAL MOVE COST. I UNDERSTAND THAT IF I CANCEL MY RESERVATION AFTER 72 HOURS FROM MY RESERVATION DATE, I AM ONLY ENTITLED TO RECEIVE A CREDIT OF MY DEPOSIT FOR FUTURE INTERSTATE MOVING SERVICES TO BE USED BY THE CUSTOMER WITHIN A 12 MONTH PERIOD FROM THE DATE OF CANCELLATION. ALL REFUNDS WILL BE PROCESSED BY THE NEXT BILLING CYCLE. I UNDERSTAND THAT IF I REFUSE PICKUP BY THE CARRIER I AM FORFEITING MY DEPOSIT.

10. MOTOR CARRIER NEUTRAL ARBITRATION PROGRAM: THE MOTOR CARRIER’S NEUTRAL ARBITRATION PROGRAM HAS BEEN DESIGNED TO GIVE NEITHER PARTY ANY SPECIAL ADVANTAGE. IF A DISPUTE ARISES BETWEEN THE CARRIER AND THE SHIPPER ARBITRATION MAY BE A MUTUALLY BENEFICIAL ALTERNATIVE TO HELP RESOLVE THE DISPUTE. SECTION 49 U.S.C. SECTIONS 375.211 PROVIDES THAT A MOVER MUST HAVE A PROGRAM IN PLACE TO PROVIDE SHIPPERS WITH AN ARBITRATION ALTERNATIVE. ARBITRATION IS OPTIONAL AND NOT REQUIRED UNDER FEDERAL LAW. SUMMARY OF THE ARBITRATION PROCESS: ARBITRATION IS AN ALTERNATIVE TO COURT ROOM LITIGATION. IT PROVIDES EACH PARTY TO THE DISPUTE TO PRESENT THEIR CASES AND ALLOWS A NEUTRAL THIRD PARTY ARBITRATOR TO MAKE DECISIONS AS TO THE MERIT OF EACH SIDES CASE. ARBITRATION SUBJECT TO THIS AGREEMENT SHALL BE CONDUCTED VIA WRITTEN SUBMISSION AND, SUBJET TO THE ARBITRATOR’S DISCRETION, THROUGH TELEPHONIC APPEARANCE. AFTER THE INITIAL FILING FEES, HAVE BEEN PAID AND THE ARBITRATOR SELECTED, THE INITIATING PARTY OR (CLAIMANTS) MUST SUBMIT A WRITTEN BRIEF SUMMARIZING THEIR LEGAL POSITION AND FACTUAL CLAIMS. ALL SUPPORTING DOCUMENTATION MUST BE INCLUDED WITH THE INITIAL ARBITRATION BRIEF. COPIES OF ALL DOCUMENTS MUST BE SUBMITTED TO ALL PARTIES INVOLVED IN THE ARBITRATION. UPON RECEIPT OF THE CLAIMANTS ARBITRATION BRIEF AND SUPPORTING DOCUMENTS, THE RESPONDING PARTY OR (RESPONDENT) WILL HAVE 30 DAYS TO FILE THEIR RESPONSIVE ARBITRATION BRIEF AND SUPPORTING DOCUMENTATION. FURTHER DEADLINES AND TIME TABLES ARE SUBJECT TO THE ARBITRATORS DISCRETION. LEGAL EFFECTS; IF THE ARBITRATION ALTERNATIVE IS CHOSEN, THEN ANY DECISION MADE BY THE ARBITRATOR MAY BE BINDING. ADDITIONALLY, AN ARBITRATION DECISION MAY NOT BE APPEALED IN A COURT OF LAW. ALL PARTIES AGREE THAT THE ARBITRATORS DECISION WILL BE BASED EXCLUSIVELY ON THE GOVERNING UNITED STATES FEDERAL LAW WITHOUT REGARD TO CONFLICTING STATE LAWS OR REGULATIONS. APPLICABLE COSTS EACH PARTY IS RESPONSIBLE FOR THEIR OWN COST ASSOCIATED WITH ARBITRATION. A BENEFIT TO THE ARBITRATION ALTERNATIVE MAY BE THAT IT IS LESS EXPENSIVE THAN TRADITIONAL LITIGATION. EACH PARTY IS RESPONSIBLE FOR 50% OF THE COST ASSOCIATED WITH SECURING THE ARBITRATOR AND 100% OF THEIR OWN EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY FEES.

11. YOUR BINDING ESTIMATE FEES, BOOKING FEES OR ADMINISTRATIVE FEES ARE ALLSTATE MOVING AND STORAGE WAY OF RESERVING THE APPROPRIATE TRUCK SPACE AND COVERING ALL OVERHEAD COSTS OF TAXES, TOLLS, LABOR, ETC. IF AT ANYTIME YOU EDIT YOUR INVENTORY AND HAVE LESS VOLUME THAN ESTIMATED, YOUR BINDING ESTIMATE OR BOOKING FEE IS 

NON-REFUNDABLE AS YOU, THE CUSTOMER, VERBALLY MADE CHANGES TO YOUR ESTIMATE.

12. ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT, WHETHER SO EXPRESSED OR NOT, SHALL BE BINDING UPON, INURE TO THE BENEFIT OF, AND BE ENFORCEABLE BY THE PARTIES AND THEIR RESPECTIVE ADMINISTRATORS, EXECUTORS, LEGAL REPRESENTATIVES, HEIRS, SUCCESSORS AND PERMITTED ASSIGNS.

13. CUSTOMER SHALL INDEMNIFY AND HOLD HARMLESS ALLSTATE MOVING AND STORAGE AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES FROM AND AGAINST ANY AND ALL ACTIONS, CLAIMS, SUITS, LIABILITIES, PROCEEDINGS, PENALTIES, FINES, COSTS, AND EXPENSES (INCLUDING ALL REASONABLE ATTORNEYS’ FEES) RELATING DIRECTLY OR INDIRECTLY FROM ANY BREACH OF THIS AGREEMENT BY CUSTOMER.

14. IT IS AGREED BY THE PARTIES AS MANDATORY THAT THIS AGREEMENT SHALL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO THE PRINCIPLES OF CONFLICTS OF LAW. ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE BROUGHT IN THE COURTS OR RECORD OF THE STATE OF FLORIDA IN PALM BEACH COUNTY OR THE COURT OF THE UNITED STATES, SOUTHERN DISTRICT OF FLORIDA IN PALM BEACH FLORIDA. IF ANY PARTY DOES NOT HAVE A REGISTERED AGENT TO ACCEPT SERVICE OF PROCESS IN FLORIDA OR IS NOT OTHERWISE SUBJECT TO SERVICE AFTER REASONABLE ATTEMPTS, THEN SUCH PARTY AGREES TO ACCEPT SERVICE OF PROCESS BY U.S. MAIL.

15. IN THE EVENT OF ANY CONTROVERSY ARISING UNDER OR RELATING TO THE INTERPRETATION OR IMPLEMENTATION OF THIS AGREEMENT OR ANY BREACH THEREOF, ALLSTATE MOVING AND STORAGE SHALL BE ENTITLED TO RECOVER ALL OF ITS COURT COSTS, COLLECTION FEES, EXPENSES AND REASONABLE ATTORNEY’S FEES (INCLUDING, WITHOUT LIMITATION, ALL PRE-TRIAL, TRIAL AND APPELLATE PROCEEDINGS), IN ADDITION TO ANY OTHER RELIED TO WHICH IT MAY BE ENTITLED. IN THE EVENT THAT ALLSTATE MOVING AND STORAGE PURSUES THE COLLECTION OF ANY AMOUNTS DUE TO IT UNDER THIS AGREEMENT, ALLSTATE MOVING AND STORAGE MAY RECOVER THE FULL TARIFF RATE ON ALL GOODS AND SERVICES PROVIDED, IN ADDITION TO ALL OTHER REMEDIES AVAILABLE TO IT AT LAW AND IN EQUITY.

16. ALL PICKUP, LOAD AND/OR DELIVERY DATES ARE ONLY ESTIMATES. ALLSTATE MOVING AND STORAGE WILL NOT BE RESPONSIBLE FOR LOSS OR DAMAGES INCURRED BY UNAVOIDABLE DELAY. ALLSTATE MOVING AND STORAGE WILL ACT ON THE BEHALF OF THE CUSTOMER IN RESOLVING ANY CLAIMS OR DELAY ISSUES WITH THE CARRIER. THERE ARE ABSOLUTELY NO GUARANTEES MADE REGARDING PACK, LOAD, AND/OR DELIVERY DATES. IF PICKUP IS REFUSED BY THE CUSTOMER FOR ANY REASON, DEPOSIT IS FORFEITED.

17. THE CARRIER WHO IS RESPONSIBLE FOR PICKING UP AND DELIVERING THE HOUSEHOLD GOODS OF THE CUSTOMER HAS UP TO 30 BUSINESS DAYS TO DELIVER THE HOUSEHOLD GOODS OF THE CUSTOMER. IF GOODS ARE NOT DELIVERED WITHIN 30 DAYS THAN THE CARRIER IS RESPONSIBLE FOR ANY AND ALL LATE FEES DUE TO CUSTOMER, REGULATED BY THE D.O.T. AND ALLSTATE MOVING AND STORAGE WILL NOT BE HELD ACCOUNTABLE BY THE CUSTOMER IN ANY LEGAL OR CIVIL ACTION FOR LATE FEES OR INCONVENIENCES TO THE CUSTOMER.

18. IF AT ANYTIME ALLSTATE MOVING AND STORAGE GIVES A GUARANTEE DELIVERY DATE AND THE COMPANY IS UNABLE TO DELIVER TO DATE FOR UNFORESEEN REASON, THE CUSTOMER WILL BE REIMBURSED $30.00 PER DAY UNTIL ITEMS ARE DELIVERED. THE CUSTOMER AGREES AND UNDERSTANDS THAT WE ARE NOT A CARRIER AND ARE NOT LIABLE FOR THINGS IN TRANSIT. ONCE THE CONTRACT IS SIGNED BY THE ASSIGNED CARRIER, ALL REIMBURSEMENTS FURTHER THAN THE DAILY ALLOWANCE OF $30.00 FROM ALLSTATE MOVING AND STORAGE WILL BE PURSUED BY THE CUSTOMER TO THE CARRIER. ALL LAWSUITS, REVIEWS, AND DOT COMPLAINTS MUST BE FILED AGAINST THE CARRIER AS ALLSTATE MOVING AND STORAGE ARE NOT HELD RESPONSIBLE FROM THE TIME OF PICK-UP.

19. UPON BOOKING, UP TO 60% DEPOSIT PLUS THE BINDING ESTIMATE FEE IS REQUIRED TO BE PAID BY CREDIT CARD (VISA, MASTERCARD, DISCOVER), CHECK BY PHONE, ACH, OR WIRE TRANSFER.IF AT ANYTIME THERE IS A REVISION MADE TO YOUR ESTIMATE THAT REQUIRES AN ADDITIONAL PAYMENT ALLSTATE MOVING AND STORAGE WILL ACCEPT ONLY A CHECK-BY-PHONE OR ACH PAYMENT FROM THE BANK OF THE CUSTOMERS CHOICE. UPON PICKUP CARRIER, WILL COLLECT UP TO 50% OF THE REMAINING BALANCE. PAYMENT WILL BE DUE IN THE FORM OF CASH, CERTIFIED CHECK, OR CASHIER’S CHECK. THE REMAINING BALANCE MUST BE PAID IN FULL UPON DELIVERY BY CASH OR POST OFFICE MONEY ORDER. IF AT ANYTIME A CREDIT CARD IS AUTHORIZED FOR PICK UP OR DELIVERY PLEASE BE AWARE THAT A 3%-10% CHARGE MAY OCCURE FOR PROCESSING. THE CARRIER RESERVES THE RIGHT TO COLLECT UP TO 50% OF BALANCE DUE PRIOR TO THE GOODS LEAVING THE ORIGIN STATE. SUBJECT TO FEDERAL LAW, PAYMENT IN FULL OF ALL CHARGES IS REQUIRED BEFORE DELIVERY AND PRIOR TO UNLOADING.

20. OVERSEAS INTERSTATE SHIPMENTS (ANYTHING OUTSIDE OF THE CONTINENTAL USA INCLUDING AK, HI, PR) RATE EXCLUDES ANY STORAGE, CUSTOM DUTIES AND TAXES (IF APPLICABLE), ADDITIONAL CLEARANCES BY OTHER GOVERNMENTAL OFFICES, DEMURRAGE, DETENTION AND ANY ADDED CHARGES FOR OTHER THAN NORMAL ACCESS DELIVERY. IN ADDITION, SHIPMENTS MUST BE PAID BY MONEY ORDER OR WIRE TRANSFER BEFORE THE SHIPMENT LEAVES THE ORIGIN PORT UNLESS THE CARRIER SPECIFIES OTHERWISE. THE CARRIER MAY DETERMINE YOUR FORM OF PAYMENT.

21. THE CUSTOMER UNDERSTANDS AND AGREES THAT IF THE CUSTOMER FAIL TO EXECUTE OR RETURN THIS AGREEMENT, BY ALLOWING A CARRIER DESIGNATED BY ALLSTATE MOVING AND STORAGE TO PICK UP THE CUSTOMER’S BELONGINGS, THE CUSTOMER EXPRESSLY AGREES AND CONSENTS TO THE TERMS CONTAINED IN THIS AGREEMENT AND WILL FORFEIT THEIR DEPOSIT AND SCHEDULED PICK UP DATE.

22. CUSTOMER HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THE GOODS AND SERVICES OBTAINED HEREUNDER, THE MOVE, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (VERBAL OR WRITTEN) OR ACTIONS OF ALLSTATE MOVING AND STORAGE OR THE MOVER. CUSTOMER ACKNOWLEDGES THAT THIS WAIVER CONSTITUTES A MATERIAL INDUCEMENT TO ALLSTATE MOVING AND STORAGE TO ENTER INTO THIS AGREEMENT.

23. CUSTOMER HAS ELECTED A “NOT TO EXCEED COST” PRICE, THE TOTAL COST WILL NOT EXCEED THE ESTIMATED AMOUNT; PROVIDED, HOWEVER THAT CUSTOMER PROVIDES ALLSTATE MOVING AND STORAGE WITH AN ACCURATE DESCRIPTION OF THE ITEMS TO BE MOVED AND THE SERVICES TO BE PERFORMED. CUSTOMER HAS REQUESTED TO HAVE AN ESTIMATE PROVIDED FOR HIS/HER HOUSEHOLD GOODS RELOCATION, IN ACCORDANCE WITH 49 CFR §371.113(C)(1), CUSTOMER AGREES TO WAIVE A PHYSICAL SURVEY OF THE HOUSEHOLD GOODS, AND ALTERNATIVELY AGREES TO RECEIVE A BINDING ESTIMATE BASED UPON THE SHIPPER PROVIDED ITEM LIST OF PROPERTY TO BE TRANSPORTED. IF ANY ADDITIONAL PIECES, PACKING SERVICES, OR LABOR SERVICES ARE ADDED AT THE ORIGIN OR DESTINATION TO THOSE QUOTED, THE CUSTOMER SHALL BE CHARGED FOR THESE SERVICES AT THE GOVERNING TARIFF RATES. THE PRICE INCLUDES ALL FUEL SURCHARGES, TOLLS, LOAD AND UNLOAD, BASIC DISASSEMBLY AND REASSEMBLY OF STANDARD FURNITURE ITEMS, UP TO 75 FEET OF LONG CARRY AT ORIGIN AND DESTINATION AND 1 FLIGHT OF STAIRS UP TO 21 STEPS. ELABORATE FURNITURE ITEMS THAT NEED TO BE DISASSEMBLED AND/OR REASSEMBLED MAY REQUIRE 3RD PARTY SERVICING OR ADDITIONAL LABOR AND SHOULD BE DISCLOSED TO YOUR ESTIMATOR AND INCLUDED IN YOUR ESTIMATE. DISCONNECTING AND/OR RECONNECTING OF APPLIANCES IS NOT INCLUDED IN THE PRICE. REASSEMBLY IS SUBJECT TO THE AVAILABILITY OF TOOLS AND/OR ALL PARTIES BEING AVAILABLE. THE PACKING AND UNPACKING OF BOXES IS ONLY INCLUDED IN THE PRICE IF IT IS ITEMIZED IN THE “PACKING AND UNPACKING” SECTION OF YOUR ESTIMATE; ALL MATERIALS/LABOR FOR UNDISCLOSED ITEMS WILL BE EXTRA.