These Terms & Conditions (“Terms”) apply to all work performed by Precision Equipment Placement and related entities (PEPMOVE, Bristlecone Group, EM 2, Pacific Northwest Delivery and any other associated entities, collectively “PEP”) for any of its clients or customers (“Clients”) unless specific terms are otherwise modified in a then valid and executed written agreement between PEP and a specific Client signed by a corporate officer of PEP. No other written or verbal language, terms, agreements or understandings, past practices, and specifically any bills of lading or similar documents modify PEP’s Terms whether signed or not by any employee of PEP.
In the event of loss, theft, damage, or other claims of liability while Client’s property is under PEP’s direct control, a declaration of the damage or loss must be made by a notation on the bill of lading or in other written form at the time of service or within 10 days (including for concealed damage or loss), and then a claim must be made in writing to PEP within 30 days of the services date supported by suitable documentary evidence of the loss (unless there is interstate transport in which the claim must be made within 9 months, with the same 10 day notice period required). Unless otherwise increased by a specific declared value that PEP accepts in writing and for which PEP charges an excess valuation premium, PEP’s limit of liability for cargo is $0.50/lb. or $50.00, whichever is greater but shall not exceed the actual replacement cost of the specifically damaged or lost item or component parts of items. PEP shall not be held liable for any consequential or incidental damages such as delays, expedited shipping, incomplete services, loss of current or future sales beyond the actual costs for its services. PEP is not liable for damage to any equipment that is not properly serviced and prepared for move and transport by a service technician (such as locking of components in place, or removing lubricants, liquids and toners). PEP is not liable for functional failure of electronic equipment in the absence of physical damage to have reasonably caused the failure.
PEP shall be liable for substantiated physical property damage caused directly by its personnel or equipment to the extent that the damage was caused directly, that the damage is outside the scope of normal delivery and installation practices and impact, that the Client or customer informed PEP of easily damaged areas (like sensitive or special requirement flooring requiring protection), and that a pre-existing condition did not exist. PEP shall be liable for repairs of the directly affected areas, not a refurbishment of an area or section of a property, and limited to five (5) times the standard fees for the services provided.