NSM reserves the right to refuse the movement or transportation of any items or goods we feel we cannot safely deliver back to the customer in their original condition before the move. Hazardous conditions may result in the delay or refusal of move or services.
The Following CAN NOT be moved by our crews.1. Food, Live plants, or other perishable commodities.2. Liquids, flammable fuels, and gases left in motorized equipment or containers.3. Weapons including guns, ammo4. Items not boxed or in open-top boxes 5. Light bulbs and lamp shades6. Unboxed Televisions 7. Disconnecting Water Lines and electrical lines such as but not limited to washers, dryers, and refrigerators. The Following is NOT covered by Standard Liability1. Mechanical condition of audio, visual, electronic equipment, or appliances where there is no physical damage from moving.2. Missing hardware from items not disassembled by NSM.3. Contents of boxes unless boxes or containers were physically damaged by the movers.4. Items packed in Plastic Bags or Luggage.5. Any Furniture constructed partially or totally with particle board, chipboard or engineered wood.6. Open top boxes or not properly packed items.7. Previously damaged or repaired items.8. Acts of God, Arson, Terrorist, Water/rain, Flooding, Tornado, Earthquake, Hail and Wind.9. All contents loaded or delivered into any 3rd party, storage unit, mobile type storage container or any foreign vehicle or rental truck (not under Carrier's full control), the carrier's liability will end as soon as the goods are loaded or delivered into that 3rd party, public space or vehicle. The Following is NOT covered by Liability, will only preform at customer’s request.1. Safe assembly of baby cribs, bunk beds & other furniture needing assembly. Shipper must ensure proper and safe assembly of items before using this furniture for personal use.2. Front loading washers must have shipping bolts in place before we can move. NSM will assist in installing bolts for customers however it is up to the customer to supply theses bolts for the drum. They come with the unit.3. Load Only services where the customer hires NSM to load a truck for them to move. Customer releases NSM from all liability from damage to belongings, property, or rental truck/equipment. HOUSEHOLD GOODS CARRIER LIMITATIONS OF LIABILITY(1) Section 1 - General Provisions. (A) For the purposes of this subsection, the following terms will mean: (i) Household goods carrier--The motor carrier/mover contracted to transport a shipment of household goods. (ii) Shipper--The owner of the household goods shipment or his representative(B) Changes to the moving service contract are not valid unless agreed to in writing by the household goods carrier and the shipper.(C) Household goods carriers will transport shipments with reasonable dispatch. Reasonable dispatch requires the transportation of a shipment within the agreed period of time shown on the moving services contract, except when circumstances beyond the carrier's control, force majeure, prevent or delay transportation.(D) Moving services contracts must comply with all other applicable laws of the State of Texas.(E) Infestation: Any household goods transported by the carrier which have been infested with ants, termites, cockroaches, bed bugs, or any dangerous or disease bearing insect, as a result of the condition of the shippers’ premises, either at the origin or the destination, the carrier reserves the right to refuse shipment of such goods. (2) Section 2 - Cargo Liability Provisions (A) The household goods carrier is liable for any loss or damage to the shipment, except as listed in subparagraphs (B) and (C) of this paragraph.(B) The household goods carrier is not responsible for loss, damage, or delay due to acts of God, acts of civil authorities, defects in the shipment, a riot, a strike, or an act or default of the shipper.(C) The household goods carrier is not liable for loss or damage caused by dangerous or explosive goods unless the shipper notifies the carrier, in writing, of the nature of the goods and the carrier agrees, in writing, to the transportation of these goods (3) Section 3 - Claims Provisions.(A) A written claim must be filed by the shipper within 90 days of delivery of the shipment to the destination. In case of failure to make delivery, then a written claim must be filed by the shipper within 90 days after a reasonable time for delivery has elapsed.(B) A household goods carrier is not liable for any claim that is not filed within 90 days of the delivery of the shipment to the final destination. A household goods carrier is not liable for any claim that is not filed within 90 days after a reasonable time for delivery has elapsed for shipments that were not delivered.(C) You have 90 days from delivery to report a claim in writing. NSM has 30 days to respond to receiving your claim. NSM has 90 days to send an offer/settlement or denial letter to you. You have 30 days from the date of settlement or denial letter to seek mediation from Texas Department of Motor Vehicles.(4) Section 4 - Payment Provisions. (A) The shipper must pay the freight charges upon delivery unless the shipper and household goods carrier agree otherwise. (5) Section 5 - Provisions for Shipments Not Delivered. (A) A household goods carrier may place a shipment of household goods into storage if the shipper is not available for delivery of the goods as scheduled.(B) The cost of such storage is the responsibility of the shipper of the household goods. (C) A shipment of household goods placed in storage is subject to liens for storage, freight, and other lawful charges. (D) A household goods carrier must issue written notice of the storage of the household goods to the shipper at each address shown on the moving services contract within three days of placing the goods in storage. (E) If the shipper refuses to accept or does not claim the household goods within 15 days of the written notice of storage, the household goods carrier may begin the process of selling the goods at public sale, as prescribed in Transportation Code, Chapter 6. (F) A household goods carrier must give written notice of the public sale to the shipper at each address shown on the moving services contract. (G) The moving services contract does not prohibit the sale of the goods under any other lawful manner if the method set out in the contract cannot be reasonably accomplished. A household goods carrier must give written notice of the public sale to the shipper at each address shown on the moving service contract.(H) The moving service contract does not prohibit the sale of the goods under any lawful manner if the method set out in the contract cannot be reasonably accomplished.(6) Section 6- Items Left Behind. (A) Carrier cannot be held responsible for items left at residence after loading. It is your responsibility to make sure nothing is left behind. Please make sure you check closets, cabinets, drawers, attics, neighbor's residence, basement, and outside areas prior to departure.(7) Section 7: Appliances, Electronics, & Light Fixtures(A) Carrier advises you the shipper to disconnect and reconnect any and all of your appliances, fixtures and or electronics. The carrier is not aware, nor will it warrant the mechanical operating condition of these items. To protect your belongings and property, we require you to disconnect and reconnect all appliances & electronics.(B) In the event you request a Carriers employee to assist with any disconnection, connection, or reconnection, you hereby assume any and all liability as related to such without limitations and including any ancillary potential damages.(C) Shipper further releases Carrier and all its personnel/affiliates, from any liability, claims and or damages whether indirect, special, incidental, consequential, (including loss of profits or business) and or punitive, foreseeable, or unforeseeable.(8) Section 8: Arbitration.(A) Subject to applicable law, any claim or dispute between you and Carrier arising from or in connection with the transportation of your goods (a dispute) in Texas intrastate commerce whether under federal, state, or local law, including any violation of any applicable law or regulation, (B) shall be resolved by mandatory arbitration in Tarrant County, Texas in accordance with the then effective administrative rules for arbitration of the transportation ADR council (p.o. box 15122, Lenexa, Kansas 66285-5122; 913-895-4615) and the federal arbitration act (Ch. 1 of title 9 of the U.S. Code).(C) If the federal arbitration act is determined by the arbitrator(s) not to be applicable to any dispute, then such dispute shall be resolved by arbitration in Tarrant County, Texas in accordance with the then effective administrative rules for arbitration of the transportation ADR council and the Texas General Arbitration Act (Texas civil practice & remedies code sections 171.001, et seq.).(D) You agree that you are required to resolve any dispute you have with carrier on an individual basis pursuant to arbitration as provided in this paragraph. This means you may not bring any class, collective, or representative action against carrier, and you may not participate in or recover any damages under any future class, collective, consolidated, or representative action brought against carrier by a third party. The only circumstances in which you and the carrier may initiate judicial proceedings arising out of the transportation of your goods in Texas intrastate commerce are to (i) enforce your respective rights to arbitrate as provided for in this paragraph; and/or (ii) obtain injunctive relief in connection with a breach of the provisions of this paragraph.(E) In any judicial proceeding to enforce arbitration as provided in this paragraph, the only issues to be determined will be the existence of an agreement to arbitrate and the failure of you and/or the carrier to comply with this paragraph, and those issues will be determined summarily by the court without a jury(F) You and the carrier understand and acknowledge that (1) arbitration is final and binding on both you and the carrier (except in very limited circumstances provided in the applicable arbitration rules) ; (2) you and the carrier are waiving the right to seek remedies in court, including the right to a judge or jury trial; (3) discovery in arbitration proceedings is generally more limited than, and different from, discovery permitted in court proceedings;(4) the arbitrator(s) award is not required to include findings of fact or legal reasoning; and (5) your and the carrier's right to appeal or to seek modification of the rulings or awards of the arbitrator(s) is strictly limited.(G) The arbitrator(s) will make its (their) award in writing and will include the rationale for the decision. The award shall include an amount awarded to the prevailing party for reasonable attorneys? fees, expenses, the arbitration filing fee, and the fees and expenses of the arbitrator(s).(H) Any award entered into by the arbitrator(s) will be final and binding upon you and carrier, non-appealable by you and carrier, and judgment may be entered thereon in accordance with applicable law in any court of competent jurisdiction. Except to the extent a party's damages constitute amounts required to be paid to a third-party, the arbitrator(s) award shall not include (i) non-economic, exemplary, or punitive damages, (ii) any damages not reasonably foreseeable as a probable result of the action or event giving rise to the damages, (iii) any damages based on any special circumstances of the damaged party (whether known or unknown to the other party), or (iv) damages not allowable in a breach of contract action.