Customer Service Agreement
THIS SERVICE AGREEMENT (this “Service Agreement”) is entered into on or as of the _____ day of _________, 2009 (the “Effective Date”) by and between J Sutton and Co Moving Services LLC, a moving labor help services having offices located at 1510 Castle Hill Avenue, Bronx, NY 10462 (“Seller”), and ______________________, located at __________________________________________ _______________ (“Customer”). The parties hereto hereby agree that the complete agreement between such parties with respect the Services contemplated by this Service Agreement shall consist of this Service Agreement, the General Terms and Conditions set forth on Schedule A attached hereto and incorporated herein by reference (the “General Terms and Conditions”) and the Service Levels set forth on Schedule B attached hereto and incorporated herein by reference (the “Service Levels”). Capitalized terms used in this Service Agreement and defined in the General Terms and Conditions shall have the meanings assigned in the General Terms and Conditions.
Pool tables, Hot tubs, pianos, Safes, taxidermies,
If company chooses to move such items, shall not be held liable to damage to such
Aerosol cans, Ammonia, Ammunition, Batteries, Bleach, Car batteries, Charcoal/lighter fluid, Chemistry sets, Cleaning solvents, Darkroom chemicals, Fertilizer, Firearms, Fire extinguishers, Fireworks, Fuels/Oils, Kerosene, Matches, Nail polish, Paint/Varnishes, Paint thinner, Pesticides, Poisons, Pool chemicals, Propane tanks, Sterno fuel, Scuba tanks, weed killer
Neither you nor J Sutton and Co Moving Services LLC will be liable under this Agreement by reason of any failure or delay in the performance of its obligations (except for payment obligations) on account of strikes (other than strikes of a party’s own employees), shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions (other than with respect to a party’s own employees), earthquakes, material shortages or any other causes that are beyond the reasonable control of such party so long as the parties will use commercially reasonable efforts, including the implementation of business continuity measures, to mitigate the effects of such force majeure.
By execution of this Agreement, each of the Parties acknowledges and agrees that it has had an opportunity to consult with legal counsel and that it knowingly and voluntarily waives any right to a trial by jury of any dispute pertaining to or relating in any way to the transactions contemplated by the Agreement, the provisions of any federal, state or local law, regulation or ordinance notwithstanding
ENTIRE AGREEMENT, CONFLICTING PROVISIONS
This Agreement entered into by you and the Company governs your use of the Site and constitutes the entire agreement between you and the Company with respect to J Sutton and Co Moving Services LLC. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to the Company under this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE OR PARTICIPATE IN USING MOVING SERVICES OF J SUTTON AND CO MOVING SERVICES LLC. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.