Specific Exclusions From The Damage Protection Policy; Additional Limitations of Liability
Notwithstanding anything herein to the contrary, including the foregoing discussion of the Damage Protection Policy, Bellhop and its subsidiaries and affiliates, and each of the foregoing entities’ employees, contractors, and agents, shall not be liable for any of the following damages or claims:
*Pre-Existing Damages*
You are required to disclose any pre-existing damages to Bellhop prior to your move. In addition, Bellhop reserves the right, in its sole discretion, to declare a damage as pre-existing based on its investigation of your claim if, after a good-faith review, facts and circumstances warrant such a determination.
*Minor Damages*
Bellhop will not pay any damages for minor dents or small nicks or scratches caused by any Third Party Provider (or any agent thereof) to your property as a result of your receipt of the Services. You expressly acknowledge and agree that minor dents or small nicks or scratches are typical of any move and cannot be prevented.
*Particleboard Furniture*
Bellhop will not be liable for damage to any particleboard, chip-core, or pressboard furniture.
*Natural Materials*
Marble, slate, and stone material items are prone to weakness and cracking overtime. Bellhop will not be liable for damaged items made exclusively of (or a composite of) natural materials.
*Completed Repairs*
Bellhop will not pay any damages that have been repaired or replaced by you or someone else at your request prior to you filing a claim with Bellhop or, if completed after a claim has been filed, if completed without the written consent of Bellhop. You should not repair or replace property before resolving your claim with Bellhop unless you have obtained prior written consent from Bellhop.
*Certain Electronics and Appliances*
Bellhop will not be liable for electronics or appliances that fail to operate after being shipped and/or reconnected. You acknowledge and understand that electronics and appliances are not tested prior to shipment, and as such, it will not be possible to determine whether a damage has occurred due to handling or shipment. In addition, Bellhop will not be liable for any structural plumbing, electrical systems, or water damage associated with electronics or appliances that are handled by a Lumper. Third Party Providers should require all appliances to be disconnected, uninstalled, and drained (if necessary) by you prior to moving such items. In addition, Bellhop will not be liable for any damages caused to an electronics device (including, without limitation, any television or other display monitor) that is not properly boxed and protected before handling by a Lumper. You should never allow a television or other display monitor to be shipped or otherwise transported without proper protective packaging and securement.
*Oversized and Extremely Heavy Items*
Bellhop will not be liable for any damages to items that weigh in excess of 300 pounds or for any items that exceed the clearance of hallways, stairways, or doorways where such items are not disassembled prior to being moved by a Third Party Provider. Common oversized or extremely heavy items include, but are not limited to, certain musical equipment (such as grand pianos), pool tables, hot tubs, ceramic grills, full-size copiers, fireproof cabinets/safes, grandfather clocks, workbenches, exercise equipment, etc.
*Non-Inventoried Items*
Prior to your service date, you may submit an inventory of your personal property. Bellhop will not be liable for any damages for items lost or stolen that are not inventoried prior to your receipt of the Services or that are not documented by a Third Party as being loaded on the day of your move. You acknowledge and agree that, without submission of a documented inventory prior to the service date, and without documentation of items being moved on move day, there is no way to verify whether any item has been lost or stolen.
*Reassembled Items*
If you request reassembly of any of your personal property by any Laborer or other Third Party Provider, Bellhop will not be liable for any damages that may arise as a result of the assembly, attempted assembly, or failed assembly of such items, including, but not limited to, items containing particleboard, chip-core, or pressboard.
*Installations*
Bellhop does not arrange for Third Party Providers to install or uninstall washers, dryers, dishwashers, ice machines, water coolers, refrigerators, or electrical equipment. If a Third Party Provider provides any such services, Bellhop will not be liable in any manner for any damages that may arise as a result of the actions or inactions of such Third Party Provider who performed such services. You should not ask any Third Party Provider to provide such services, and you agree to indemnify, defend, and hold Bellhop and its subsidiaries and affiliates harmless from any expenses, losses, costs, (including reasonable attorneys’ fees and costs), judgments, settlements, damages, awards, interests, fines, and liabilities of whatever kind, including as imposed by a court of law or by any governmental body or agency, that Bellhop and/or its subsidiaries and affiliates may incur as a result of, arising out of, or in relation to your decision to do so.
*Prohibited Items*
Bellhop will not be liable for any damages to personal property that Lumpers and Drivers are prohibited from moving or transporting, as applicable. Prohibited items include, but are not limited to: hazardous materials, such as combustible liquids (alcoholic beverages, acids, oils, paints, etc.), compressed gases (aerosols, engine starter fluids, scuba diving tanks, etc.), explosives (ammunition, loaded guns, propane tanks, etc.), flammables (ammonia, bleach, gasoline, motor oil, petroleum products, etc.), perishables (frozen food, plants, produce, refrigerated food, etc.), contraband or other items prohibited by federal or state law (illegal drugs, etc.), stolen property, and other property which you do not have a lawful right to possess.
*Evictions*
Although Bellhop retains the right to cancel, and the Third Party Providers may refuse to complete, an order for Services in the event that you or someone else at the location to be serviced is being evicted, in the event that an order for Services is nonetheless completed, you will not be eligible for any protection under the Damage Protection Policy and agree to indemnify, defend, and hold Bellhop and its subsidiaries and affiliates harmless from and against any and all expenses, losses, costs, (including reasonable attorneys’ fees and costs), judgments, settlements, damages, awards, interests, fines, and liabilities of whatever kind that Bellhop and/or its subsidiaries or affiliates may incur as a result of, arising out of, or in relation to your or someone else’s eviction.
*Fraudulent Misrepresentations of Weight*
Bellhop will not pay any damages for any items based on weights that appear, in Bellhop’s reasonable discretion, to be inaccurate or a misrepresentation of the items’ true weight.
*Packing by You or Your Agents*
Bellhop will not be liable for damages to items packed by you or your agents (e.g., damages to items in boxes packed by you).
*Exclusions for Packing Services*
In the event that you only order packing services, neither Bellhop, nor its subsidiaries or affiliates, or their respective employees, agents, or contractors, will be liable for: (i) any damages reported after Third Party Providers leave your property, (ii) any damages that occur in transit, (iii) any damages that occur during unpacking, or (iv) any damages due to the handling of your property by your or your agents or any other third party that is not authorized by Bellhop. In addition, neither Bellhop, nor its subsidiaries or affiliates, or their respective employees, agents, or contractors, will be liable for any property that is lost or misplaced for any reason. You acknowledge and understand that there is no way for Bellhop or any Third Party Provider to verify lost or misplaced property because neither Bellhop nor any Third Party Provider is handling the shipment or otherwise unpacking the items after shipment.
*Items of Extraordinary Value and Certain Other Valuable Items*
All items of extraordinary value are excluded from the Damage Protection Policy unless such items are identified by you or your authorized agent on an inventory list and submitted to Bellhop prior to your service date. In addition, the following valuable items are excluded from the Damage Protection Policy: (i) cash, checks, deeds, bills, negotiable instruments, or other valuable documents; (ii) coins, credit cards, postage stamps, and trading stamps; (iii) jewelry, precious stones, or articles manufactured therefrom; (iv) fire arms; (v) perishable goods; (vi) prescriptions; and (vii) medical devices.
An “item of extraordinary value” is defined as an item that is valued at more than $100 per pound, such as antiques, silverware, china, furs, paintings, etc.
*Tasks Performed at You or Your Agent’s Request*
Neither Bellhop, nor its subsidiaries or affiliates, or their respective employees, contractors, or agents, shall be liable for any damages that arise as a result of any Lumper, Driver, or other Third Party Provider following directions given by you or your agents, and you agree to indemnify, defend, and hold Bellhop and its subsidiaries and affiliates, and each of the foregoing entities’ employees, contractors, and agents, harmless from any expenses, losses, costs, (including reasonable attorneys’ fees and costs), judgments, settlements, damages, awards, interests, fines, and liabilities of whatever kind that Bellhop and/or its subsidiaries or affiliates, or each of the foregoing entities’ employees, contractors, or agents, may incur as a result of, arising out of, or in relation to you or your agent’s directions.
*Consequential or Incidental Damages*
As set forth more fully in Section 9.2 below, neither Bellhop, nor any of its subsidiaries or affiliates or their respective contractors, employees, or agents shall be liable for any consequential or incidental damages that may arise due to any service failure, including, but not limited to, any failure to start or complete the Services. By way of example, but not limitation, this means that Bellhop shall not be liable for any damages that you may incur if your move or other Services are unable to be performed or completed on a scheduled date.
*Acts of God and Other Similar Circumstances*
Neither Bellhop, nor its subsidiaries or affiliates, or their respective employees, contractors, or agents, shall be liable for any damages caused by or resulting from an act of God; war hostilities; rioting; fire; explosion; flood; sabotage; transportation or labor strike, lockouts, or injunctions; compliance with governmental laws, regulations, or orders; or any other cause whether or not of the same class or kind enumerated herein which affects performance of the Agreement arising from or attributable to acts, events, omissions, or accidents beyond the reasonable control of the Company or the Service Providers.