Swift packers and movers is a moving company that portrays the highest levels of professionalism in moving services, swift packers and movers may make any representations or warranties with respect to the quality of Services that you may receive and does, guarantee that any Provider will not damage or lose any of your property. As an independent moving company, we shall be liable for any property damages that you may sustain as a result of the performance of the Services by Providers.
These conditions explain the rights, obligations, and responsibilities of all parties to this Agreement. Where we use the word “Customer” it means you. Where we use the term “the Company” this means Swift Packers & Movers. The terms and conditions of the Terms of Service can be varied or amended subject to prior written agreement. In Clauses Damage to goods, Damage to premises or property other than goods, and Exclusions of liability Company limits or excludes Company liability for loss and damage. Company recommends the Customer to arrange insurance to cover Customer goods or premises. Company may be able to arrange insurance for Customer’s benefit upon request. If the Customer chooses to purchase insurance through the Company, the insurance will be separate from this contract and subject to the terms and conditions of the policy.
Included in each quote is: an itemized price list for each charge related to your move, the time and date requested to complete your move, the total number of Company’s crew members that are assigned, and the addresses the crew will be working.
Our quote, unless otherwise stated, does not include insurance, cancellation/ postponement waivers, or any fees or taxes payable to government bodies or agencies.
The following is not included in the Company’s Quotation, unless agreed by the Company in writing prior to the beginning of work:
Unless already included in the Company Quotation, reasonable additional charges will apply in the following circumstances:
By entering into this Agreement, you guarantee that:
Unless previously agreed in writing by an authorized Company representative, the following items must not be submitted for moving and will under no circumstances be moved or stored by Company. The items listed below may present risks to health and safety and risk of fire. The Customer should make your own arrangements for the transport and storage of the following:
It is the Customer’s responsibility to select and agree to your valuation coverage before your move is scheduled. You must either accept the full valuation coverage, if offered by the Company, at the current price the Company offers, or waive the full valuation coverage and accept the standard released valuation coverage at the current industry specified rate.
It is the Customer’s responsibility for paying additional charges for Pool tables, pianos, treadmills, elliptical, riding lawn mowers, safes, gun safes, hot tubs, motorcycles, and other items that may be added to this list upon assessment of Company. You will be charged a “specialty item” charge. It will be in addition to the hourly charge of the move.
After receiving a quote, the Customer is responsible for notifying the Company of the date of which you intend to use the services. You are responsible for notifying Swift Packers & Movers of any date changes, postponements, or cancelations at least 72 hours in advance of the original scheduled date of service.
A seventy-two (72) hour notice is required in order to avoid a cancellation/rescheduling fee for moves scheduled Tuesday-Thursday and ninety-six (96) hours cancellation/rescheduling notice is needed for moves scheduled on a Monday. The cancellation fee is the loss of your reservation deposit as described below in Section 2.1.6. A rescheduling fee may be required, if normal moving resources are not available that day and create a condition where Company has to rent or hire additional moving resources to accommodate Customer’s rescheduled move date.
Payment can be made in cash, Certified Check, US Postal Money Order, Credit/Debit Cards. Credit or Debit cards may incur 4% surcharge at the discretion of the Company. There will be a KES 5,000 charge for any returned check.
Customer is responsible for paying a reservation deposit before you schedule your move. This deposit must be paid in full and at the time of booking. No reservations are made on the Company’s booking calendar without a fully paid reservation deposit.
If Customer elects to waive having the Company pack your items, you are responsible for properly packing and crating your items. Customer is responsible for completing the packing by the date of your scheduled service. Any additional packing by the Company that is necessary to properly complete the move may be reflected in additional charged hours to Customer’s final bill.
Additional hourly charges may be applied if the Company’s moving crew is prevented from working while the Customer completes packing of Customer goods.
All parking and loading areas are to be reserved during your move by the Customer prior to the Company arriving to any location along the Customer route. Therefore Customer must inform the Company 24 hours before the Customer’s move if the Company’s truck cannot drive onto or park in the Customer’s driveway.
Under no circumstances will Company be responsible for damaged driveways.
Unless otherwise agreed by the Company in writing, payment is required in full by cleared funds, cash or credit card, at the end of the moving period.
If the Customer or Customer’s authorized representative collects the goods from storage, the Company must be notified in writing of any loss or damage at the time the goods are handed to Customer or Customer’s agent or as soon as practically possible. For goods which the Company delivers, the Customer must give the Company detailed notice in writing of any loss and damage within seven (7) days of delivery by the Company. Company may agree to extend this time limit upon receipt of Customer written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld, but consent must be provided in writing by the Company.
If a Provider arranged by us to provide you with labor Services (a “Laborer”) damages or loses your personal property while moving your personal property, including, while loading or unloading your personal property in a transportation vehicle provided by you, another company, or a Provider arranged by us to provide you with transportation Services (a “Driver”), or if (and only if) your order includes both labor and transportation Services (also referred to as “Movers + Truck”) and your personal property is damaged in transit (i.e., during shipment) as a result of the negligent packing of your personal property in a transportation vehicle by a Laborer or by the negligent driving of the Driver, swift packers will assume liability for your damaged personal property items per item damaged provided. For the avoidance of doubt, swift packers and movers will not assume any liability for any damages that occur in transit if you have ordered only labor Services (also referred to as a “Labor-only Moving Help”) and not additional transportation Services. (In other words, we will not assume any liability for any damages that occur in transit if you have not submitted a Movers + Truck order). In addition, if you have ordered only labor Services (i.e., submitted a Labor-only Moving Help order), swift packers and movers maximum liability for such order shall be reduced.
We reserve the right not to service you under conditions that, at our sole discretion, we consider dangerous, unsanitary, abusive or contained outside the scope of household moving. In the event we exercise this right, we will not be liable to you or any other entity for direct or consequential damages. Customer forfeits their deposit and will be charged a minimum of one hour of labor, at the Companies discretion.
Understanding the exclusions list will help you prepare better for your move:
Despite the long list of exclusions and limitations; we do cover items that we knowingly or without dispute damage. Released Valuation Coverage is provided on these items or all items dropped or damaged on-site while in the possession of our movers, assuming they do not meet any of the Items not excluded in Clauses 2.1, 2.1.3 and 3.2.2.1.
What is covered: Despite the long list of exclusions and limitations; we do cover items that we knowingly or without dispute damage. Released Valuation Coverage is provided on all items dropped or damages on site while in the possession of our movers, assuming they do not meet any of the exclusions above.
The Company has no responsibility for goods damaged.
If Customer or Customer’s authorized representative collect the goods, the Company must be notified in writing of any loss or damage at the time the goods are handed to Customer or Customer agent or as soon as practically possible. For goods which the Company delivers, Customer must give Company detailed notice in writing of any loss and damage within seven days of delivery by Company. Company may agree to extend this time limit upon receipt of Customer written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld.
The Company has KES 750,000 in General Liability Coverage. General Liability covers personal injury and personal property that is damaged through the course of normal business operations.
If Company causes loss or damage to premises or property other than goods for removal as a result of our negligence or breach of contract our liability shall be limited to making good the damaged area only.
If Company causes damage as a result of moving goods under Customer express instruction, against our advice, and where moving the goods in the manner instructed is likely to cause damage, Company shall not be liable.
If Company is responsible for causing damage to Customer premises or to property other than goods submitted for removal and/or storage, Customer must note this on the delivery receipt as soon as practically possible after the damage occurs or is discovered in any event within a reasonable time as determined by Company.
Occasionally it may not be possible to place items where you would like them without possible damage to the items or premises. If this situation arises, the Company will present Customer with a release form indicating that you accept responsibility for any ensuing damage. Company will not attempt to bring Customer’s items to their desired location unless the release of liability has been signed.
Company will not disconnect and reconnect washers, dryers and refrigerators. We will not replace electrical cords on dryers. Refrigerator doors sometimes need to be removed in order to go through narrow hallways or doors Company will not take off doors that have water or electrical connection going through them and Company will not remove freezer bottom drawers on refrigerators. If Customer knows that this needs to be done in order to move the refrigerator in or out of the area where it is located, please contact an appliance company to do that ahead of time. Under no circumstances will Company be involved in such tasks. Washers that are front loaders have locks to secure the drum during the move. Company can install and remove these locks, but Customer must provide these locks in order for Company to move the washer in a safe manner (these locks usually come with the washer when purchased.) Company will not be held liable for any internal damage to any electrical or electronic equipment (which may be a loose wire, blown fuse, etc.)
Company is in no way responsible for damage to items that were preexisting or occurred prior to date of the service completion or after the date of the service completion.
Company is not responsible for self-packed items damaged as a result of improper packing procedures and techniques.
Any kind of furniture that is made out of pressed or particle material will have very limited to no value as far as liability of the Company. We will not disassemble or reassemble furniture made of this material. Should Customer choose to disassemble your furniture, Company will move the pieces and will not reassemble upon delivery.
Company is not held liable for damages caused by inclement weather.
Company will not move or be liable for any valuables such as documents, medicine, priceless items, jewelry, and currency. Company will not be responsible or liable for any firearms. Please remove any firearms prior to Customer move.
Other than by reason of Company negligence or breach of contract, Company will not be liable for delays in transit. If through no fault of the Company it is unable to deliver Customer goods, Company will take them to our storage facility. The Agreement will then be fulfilled and any additional service(s), including storage and delivery, will be at Customer expense. Any transit times quoted by Company are estimated and based upon information known to Company at the time. Transit times may vary due to a number of factors outside Company control including but not limited to changes in sailing or departure dates made by the freight/shipping company, changes in the routes used by the freight/shipping company and port congestion. We will advise Customer of any material changes to the transit times as soon as Company become aware. Company will not be liable for any loss or damage incurred by Customer as a result of delays in transit time unless directly attributable to Company negligence or breach of contract. Company Right to Hold the Goods (lien) “Lien” is the legal right of the remover to hold goods until the Customer has paid all outstanding charges. Company shall have a right to withhold and ultimately dispose of some or all of the goods if Customer fails to pay the charges and any other payments due under this or any other Agreement. These include any charges that Company has paid out on Customer behalf. While Company holds the goods Customer will be liable to pay all storage charges and other costs (including legal costs) reasonably incurred by Company in recovering Company charges and applying Company right of lien. These terms and conditions shall continue to apply.
Company will give you an estimated window of arrival. Company will do everything to make sure that we arrive there within that window, but please remember that the window of arrival time is an estimate. If Company is running early or late, we will call Customer as soon as possible and let you know.
In any arbitration or litigation, the prevailing party shall be entitled to recover from the losing Party reasonable attorney’s fees and other costs and expenses of the arbitration or litigation as awardee by the Court. The arbitrator will be selected by Company. The parties each waive their right to trial by jury.
Company has the right to choose the method and route by which to carry out the work and the location in respect of storage. Unless it has been specifically agreed otherwise in writing in the Company Quotation, other space/volume/capacity on Company vehicles and/or the container may be utilized for consignments of other customers.
This Agreement is governed by and shall be construed in accordance with the laws
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