FMCSA Claims and Terms of Use
We know that sometimes things can break. Even though we do our best on every job to ensure that this is prevented, even we can make mistakes. Please read our policy that applies to every move, and to understand your rights as a consumer under the Federal Motor Carrier Safety Administration (FMCSA). WMC DOT#3792333. MC-1393276-C
Wright Moving Company (WMC) will take all the precautions necessary to ensure safe transport and packing. We are able to insure most items, however, it is important to know that there are some items we will not insure. Furniture made from particle board construction (Ikea or DIY assembly are examples) are items not covered under our policy, given their delicate and often fragile nature of materials. WMC does not insure or move pianos, pool tables, or safes that weigh over 450 lbs.
WMC also is not allowed by law to transport any firearms, ammunition, explosives, flammable liquids or gasses or alcohol/tobacco.
In the event that we are providing the labor only and you will be transporting your belongings either in your own vehicle, or in a leased vehicle that you will operate, we do not insure those items once your truck/vehicle is finished being packed by our team. Again, our liability stops once we have finished packing the vehicle for you.
Likewise, if we assist in loading a permeant storage facility for you and your items, we do not provide any warranty, insurance, or guarantee as to the facility, its protection, or ability to protect your belongings. Our liability will stop once we have loaded your storage unit/facility. You will need to procure proper insurance for all of your belongings.
By booking with us, and proceeding with our services, this constitutes as your consent to these stipulations and terms.
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Terms and Conditions
The following contains the general terms and conditions of the contract under which Red Leaf Moving LLC, DBA Wright Moving Company (“Wright Moving” or “Company”) services are provided. These terms and conditions are subject to change without prior notice. The most current version of these terms and conditions is published on the Wright Moving Company Website at wrightmovingcompany.com (a Red Leaf Group company):
https://www.wrightmovingcompany.com. In using Wright Moving Company services, the Customer agrees that the version of these terms and conditions then in force will apply to Wright Moving services.
OFFICE & RECEIVING HOURS
Wright Moving’s office and receiving hours are Monday through Friday 9am-5pm (950 south 300 west Heber, UT 84032) and closed on observed national/local holidays. Any phone calls or emails received or missed outside of these hours will be addressed as soon as possible and within reasonable response times.
RECEIVING
1. Receiving services are billed according to whichever is the greater of dimensional weight or actual weight of the item still within the shipping package.
2. Dimensional weight is calculated as the volume of the item (in cubic inches) divided by the dimensional weight divisor, which is 300. Dimensional weight cannot exceed 500 pounds.
3. Unless otherwise directed, merchandise which arrives in broken or damaged cartons/crates/pallets will be accepted and the damage will be noted on the signed receipt. Any pallets needing disposal, will be disposed of at a rate of $8 per pallet.
4. The Customer will receive our Pro Receiving package.
○ Every item received as Pro receiving will be unpackaged, fully inspected, and photographed within 5 business days of receipt.
5. The Customer must choose a default receiving package for their account. The Customer can change the default at any time by emailing info@wrightmovingcompany.com.
6. The Customer may also choose to use a different receiving package for a specific job, but must notify us in writing 2 business days prior to said item arriving (again, by emailing info@wrightmovingcompany.com).
7. Any changes to the receiving package service will only apply to items received after the Customer submits the written request (please allow 2 business days prior to receiving). The Customer cannot retroactively declare that item(s) or job(s) were supposed to be treated as a different receiving package service.
8. Any paperwork Wright Moving receives for a shipment will be scanned, and all scans and photographs will be made available to the Customer on Wright Moving’s web application/portal of choice.
9. All claims are between the Customer, carrier and manufacturer. Wright Moving’s position is to assist in the claim process if possible. The Customer upholds all direct contact and responsibility with the carrier & manufacturer.
10. Wright Moving is not liable for any merchandise fees or charges accrued by Customer’s damaged merchandise. Normal storage rates will still apply until the Customer directs Wright Moving to remove, dispose, deliver, or return said Customers items. Customers will be responsible for storage until items leave the Wright Moving warehouse/possession.
STORAGE
1. Merchandise stored by Wright Moving will be billed by the volume of each individual item, prorated to the day (30 days per month).
2. By default, merchandise stored by Wright Moving will be billed monthly, at the beginning of each month.
3. For merchandise associated with a scheduled installation job, the Customer may choose to instead combine all receiving, storage, and installation fees into one final bill upon completing the installation (billable at completion of delivery and installation).
4. Access to stored items will be by appointment only and during regular business hours. All appointments are scheduled with a minimum 1 business day advance notice.
5. Each item will be billed at the normal storage rate for the first 3 months that the item is at Wright Moving. After the 3rd month, storage for each individual item will increase by 10% every month until the item leaves Wright Moving’s warehouse.
6. The Wright Moving warehouse facility located at 950 s. 300 w. Heber City, UT 84032 does not insure your items in storage. All customers shall carry their own insurance policy and assume all risk to their own belongings. While Wright Moving does employ pest control, climate control, secure and video monitored premises, the is still inherent risk of loss, damage, and water or pest damage that can occur.
WILL-CALL PICKUP
1. The Customer must make an appointment to pick up items from Wright Moving’s warehouse during normal business hours with an advance notice of at least 1 business day and with confirmation from a Wright Moving authorized staff member.
2. The Customer must provide Wright Moving with a list of the item(s) to be picked up by 5:00pm on the business day before the scheduled pick up.
3. The Customer will be billed for the labor required to pull and/or unpackage the items being picked up, at Wright Moving’s current hourly rate for labor-only, for a minimum time of fifteen (15) minutes per pickup.
4. Rush Will Calls:
○ Any will call requested after 5pm the day before or the morning of a requested pick up date.(Billed double rate for time it takes to pull items)
○ Any will call with items arriving within 2 business days of the scheduled will call. (Billed double rate for receiving)
DELIVERY
1. Unless otherwise directed, Wright Moving’s default delivery service includes delivery and installation into prepared areas. Any items over 400 pounds will need advance notification prior to receiving and delivery.
2. Wright Moving will assemble any items that require assembly unless otherwise directed.
3. Wright Moving will remove all packaging associated with the items delivered. Any items or materials that are asked to be removed will accrue a disposal fee.
4. Items arriving the day of a scheduled delivery are not eligible for that delivery.
5. Wright Moving may hang items or art on the wall. Regular and current art install rates apply. Advance appointments are necessary.
6. If an appointment is canceled within 48 hours of its scheduled start time, customer’s will be subject to a cancellation fee of half the estimated time to complete the job, with a minimum of one (1) hour, at current rates for the vehicle(s) and laborer(s) that were scheduled.
7. Wright Moving invoices for the time it takes to pull and load the items for delivery (Standard Rate for movers and truck, minimum 15 minutes), drive time from pickup location/warehouse to the delivery location, and for installation time. Jobs are billed in 15 minute increments, with a 1 hour minimum for all jobs.
8. Wright Moving’s standard delivery hours are Monday through Friday, 9:00am to 5:00pm. Wright Moving reserves the right to charge an additional 50% of standard rates for any work performed outside regular business hours, including weekends or observed holidays. Deliveries scheduled day of items arriving may incur a rush fee of up to double the standard rate.
9. Any damage found must be reported on the delivery receipt at the end of delivery. Once signed by the Customer no damage claims can be made.
10. Wright Moving is not liable for damage found at the delivery if the Customer selected to not have items inspected upon receival.
ESTIMATES & SERVICES NOT PROVIDED
1. Verbal “quotes” are estimates only. Only written estimates are honored. All estimates are subject to change based on changes to published rates; scope of work; and/or truck and fuel price increases.
2. Wright Moving’s provided services do not include the following, and if any such services become necessary, Wright Moving charges for such services at a rate to be determined by Wright Moving: removal or installation of electrical, gas, or other fittings requiring the services of licensed third parties; removing, installing, or reinstalling carpets or floor
coverings; connecting or disconnecting washing machines and dishwashers; hanging or rehanging of curtains; or preparing a detailed inventory of merchandise for shipping and/or delivery.
FACTORY RETURNS
1. Wright Moving charges an additional fee to rebox merchandise received in damaged or improper boxing. Wright Moving charges storage fees for merchandise waiting to be returned.
2. All return authorization paperwork and shipping label(s) must accompany all boxing requests to secure a position in the schedule. Wright Moving is not responsible for any delays in the return schedule.
BILLING & PAYMENT
1. Customers will be sent an electronic invoice which can be paid online, or by mailing a check to the address provided.. If further costs not initially discovered at the time of service occur, customers will be invoiced per the published rates.
2. Wright Moving will only issue freight checks with advanced arrangement. All freight checks are subject to a check fee of $10.00 per check that Wright Moving issues.
3. Payment must be made in full by the due date specific on the invoice. Interest shall accrue on all overdue accounts at a rate of ten (10) percent every 15 days after the invoice is sent.
4. Invoice disputes must be addressed within two business days of the invoice date. After that time all invoices are final.
5. Disputing costs incurred does not entitle delaying payment nor does it entitle short pay of invoice. If a dispute occurs, the customer must pay the invoice in full. If Wright Moving decides that the customer is entitled to a refund, that refund will be made according to the form of payment of the invoice that is in dispute and within a sixty (60) day period of the invoice date.
6. Invoices not paid in full after ninety (90) days will be processed as a “bad debt” and will be subject to additional collection procedures.
7. Wright Moving will not release any merchandise until all accrued and unpaid charges are paid in full and the customer is in a positive status with Wright Moving. Wright Moving is authorized to lien any and all merchandise in its possession for all accrued and unpaid
charges. Wright Moving is authorized to sell at a public auction to recoup unpaid invoices and costs, after due notice given to the customer and publication of the time and place of the sale as required by applicable law. Pursuant to Utah Code Ann. (70A7a209) and other applicable laws.
GENERAL CONDITIONS
1. Wright Moving assumes agreement and acceptance of published terms & conditions for all current customers invoiced, with or without contact of current customer.
2. All information stated in Wright Moving terms & conditions will be applied to all accounts, with or without obtaining signature of terms and conditions.
3. All Receiving, delivery and storage of customer goods by Wright Moving will automatically enforce acceptance of terms and conditions by customer with or without prior notice.
4. Customer warrants that the merchandise delivered, received, and/or stored by Wright Moving is not, or is likely to not be, of a dangerous, corrosive, inflammable, explosive or damaging nature and is not likely to encourage vermin or other pests. Customer shall indemnify Wright Moving against any claim arising or expenses incurred by customer as a result of this warranty.
5. Customer warrants that the merchandise delivered, received, and/or stored by Wright Moving is owned by the customer or that customer has authority to deliver, receive, or store such merchandise. Customer shall indemnify Wright Moving against any claim arising or expenses incurred by customer as a result of this warranty.
6. Customer warrants that the merchandise delivered, received and/or stored by Wright Moving does not contain: jewelry; precious stones or metals; money; deeds; securities; bonds; stamps; coins; or other valuable collections; stolen goods; drugs; illegal goods; aerosols; paints; firearms; or any extremely flammable goods; ammunition; and/or animals. Customer shall indemnify Wright Moving against any claim arising or expenses incurred by customer as a result of this warranty.
7. Wright Moving assumes no liability for loss or damage to customer’s merchandise caused by rust, mold, change of temperature, humidity, acts of god or other causes beyond Wright Moving control. In no event shall Wright Moving be liable for any loss or damage of any kind of merchandise with the exception of loss & damage caused by Wright Moving own negligence, and only if the customer can provide substantial, physical proof of Wright Moving negligence.
8. In the event that Wright Moving is responsible for damages to any article, Wright Moving reserves the right to repair the article. If replacement is deemed necessary by Wright Moving, then the replacement is valued at the customer's costs of article and no more. All other claims are subject to FMCSA claims process.
9. Wright Moving may enter into contracts with subcontractors to carry out the whole or any part of this agreement.
10. Wright Moving will endeavor to provide its services within the agreed upon time, but shall not be liable for any loss suffered by customers as a result of Wright Moving’s delay, whether or not such delay is beyond Wright Moving control or acts of God.
11. This agreement supersedes and voids any and all prior or contemporaneous communications, agreements and understandings between the parties related to the subject matter hereof, whether oral or written, and contains the entire agreement between the parties with respect to the subject matter hereof.
12. Wright Moving’s failure to insist upon strict performance of any of the terms or conditions of this agreement will not constitute a waiver of any of its rights hereunder.
13. This agreement shall be governed by and constructed in accordance with the laws of the State of Utah, without regard to conflict of laws principles. The state and federal courts of the State of Utah shall have sole and exclusive subject matter and personal jurisdiction over each party and any matter brought under, or by reason of, this agreement.
14. In any action brought to enforce the terms of this agreement, the prevailing party shall recover its reasonable costs of enforcement, including without limitation, costs and actual attorneys’ fees incurred therein.
Your Rights
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Claims Process
Our claims process is regulated by federal law - submitting a moving claim is not like returning an item to the store. The FMCSA regulates the entire claims and handling process. From the valuation types offered, to the time you have to file a claim, to what information you need to provide, it’s all regulated. Please familiarize yourself with these policies.
Our liability level was determined by you when you booked, and agreed to the terms by proceeding. This is part of the federal regulation. We offer you two types of protection, and the option you chose determines our amount of liability. The FMCSA says “Your mover is liable for the value of the goods you ask them to transport. There are, however, different levels of liability. The level you chose will determine the type and amount of reimbursement you will receive if an item is lost or damaged. Be aware of the various types of protection available and the charges for each option. The two different levels of liability movers are required to provide are explained below in Your Rights and Responsibilities When You Move, a booklet movers are required by law to provide to interstate moving customers. Be sure to read and familiarize yourself with this information carefully and follow the instructions provided to declare a value on your shipment.”
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Liability
You don’t have to limit your own liability - The FMCSA also limits what we can cover you for, for example, if you do one of the following, our liability may be limited.
-Packing perishable, dangerous or hazardous materials in your household goods without our knowledge.
-packing your own contents and boxes. You may consider packing your own items in order to save on cost, but if the items you pack are damaged, it will be very difficult to establish your claim against the mover for the boxes you packed.
-Choosing Released Value Coverage when your household goods are valued at more than $.60 cents per pound per item (again, see link from FMCSA).
-Failing to report loss or damage promptly. For interstate moves, you have nine months from the date of delivery to compete a claim. For local moves, you have ninety days to notify us of a claim and four months from the date of delivery to complete the claim and send it to our office. The carrier must receive the claim form within the stated period for it to be considered.