Clancy-Cullen Terms & Conditions
Changes to Scope of Work, Quotes for Service, and Change Orders.
Changes that are made by the Client to the Scope of Work (“SOW”), as quoted herein, will be considered by Clancy-Cullen based on the following specific conditions: 1) Changes made during a reasonable duration of time prior to the start of the prescribed SOW, not less than 10 business days; 2) Changes made less than 10 business days prior to the beginning of the SOW; and 3) Changes made contemporaneously or during the execution of the SOW. Necessary Changes that occur prior to the 10 day period leading up to the Work, can be happily accommodated by Clancy-Cullen with a formal rewriting of the Quote for Service (“QFS”); such changes that become necessary within in the 10 day period will be accommodated by a Change Order (CO) to the existing QFS; and such changes that are presented on the same day as the start of the SOW by the Client to Clancy-Cullen, or changes that become necessary during the move due to conditions beyond the control of Clancy-Cullen will be billed as time and material, and the aggregate of all charges for the expanded SOW will not be subject to the original QFS. Once the SOW becomes subject to “Time & Material” accounting, Clancy-Cullen will record the change verbally with the Client or their Agent or Representative, in writing by the change on the Bill of Lading, or electronically by email or fax within 24 Hours of the change. Subject to the second and third conditions of changes made with little or no notice, CO’s and QFS’s that are required to be written for the use of the client and/or their agents will be subject to a minimum charge of four hours of billable time at the published Project Management rate.
Valuation and Protection
Corporate Office Moving performed by Clancy-Cullen on an intrastate basis in the State of New York affords to the Client, within the billed charges for transportation, a Valuation protection of 30 cents per pound per article. Property that may not be appropriate for transfer by common moving methods that is damaged in transit is subject to inspection by Clancy-Cullen and their agents during the claims process; resolution of the claims process is contingent on payment in full of the invoice and subject to NYS prescribed limitations for claim filing. Without special agreement in writing between Clancy-Cullen and the Client, Clancy-Cullen is not liable for items of extraordinary value or items that are personal property of the Client’s employee’s and not property of the Client. Supplemental Valuation for items of an unusual or extraordinary value is available, and must be stipulated prior to the commencement of work.
Supplemental Valuation
| Deductible: | Transit Valuation: | Monthly Storage Valuation: |
| Zero Deductible | $15.00 per $1000 of Declared Value. | $4.00 per $1000 Declared Value. |
| $250 Deductible | $12.50 per $1000 of Declared Value. | $3.00 per $1000 Declared Value. |
| $500 Deductible | $10.00 per $1000 of Declared Value. | $2.50 per $1000 Declared Value. |
| $1000 Deductible | $7.50 per $1000 of Declared Value. | $2.00 per $1000 Declared Value. |
| Value and Condition of Goods must be verifiable, and Goods must be declared and rated at actual replacement value. | ||
General Notes
- Clancy-Cullen is insured with First Niagara Risk Management Co., Inc; 7481 Henry Clay Blvd, Liverpool, NY
- Interstate Truckers and Fleet liability are insured with Vanliner Insurance Company; Fenton, MO
- Workers Compensation is written by the State Insurance Fund; 199 Church Street, New York, NY
Inherent Vice
Certain Goods do not have appropriate structural integrity or may have an inherent structural vice that may predispose the item to likely damage during common transport. These deficiencies can be evident in the manner in which the item was initially shipped to the current location; i.e., items constructed of plastic, “particleboard” or other composite materials. Items assembled with glass surfaces may require dis-assembly and crating and can be easily damaged if shipped by common methods without the correct protections. Clancy-Cullen assumes no liability for these items unless special arrangements have been made and agreed to in writing by Clancy-Cullen and the Client, and are reflected in additional valuation coverage.
Building, Weather, and Field Conditions.
Unless otherwise agreed in the original or revised SOW or CO, Clancy-Cullen’s expectation is such that the Carrier will have free and unfettered access, ingress, and egress to the specific properties designated in the QFS. Delays due to inadequate access, ingress, or egress will not be the responsibility of Clancy-Cullen and may alter the conditions of the QFS and convert the SOW to Time and Material accounting. Additionally, the premise must be suitable and authorized by the pertinent authorities for occupancy; failure thereto may compel Clancy-Cullen to reschedule or suspend work at the expense of the Client.
Unless otherwise specified or agreed to in the original or revised SOW or CO, Clancy-Cullen makes no provision to the Client for events or conditions out of the control of the Carrier. Events of extreme or unusual weather that create delays in traffic or difficulties in loading or unloading will not be the responsibility of Clancy-Cullen as the Carrier. Other burdens created by these Weather Events, Natural Calamity, other Acts of God, Traffic or Construction, War or Insurrection, or other conditions beyond the control of the Carrier will not be the responsibility of Clancy-Cullen.
Requirements for Insurance must be obtained by the Client and provided to Clancy-Cullen as soon as possible prior to the start of work, such that Clancy-Cullen may provide appropriate and correct Certificates of Insurance to the named parties at the specific properties active in the Relocation. Unless otherwise in writing in the original or revised SOW or CO, provisions for Parking, Elevator, Dock reservations, or special permits are the responsibility of the Client; any payments for these or other building services are the responsibility of the Client.
Client Representation, “Decision Maker”, and “Move Captains”
Unless otherwise specified in writing in adequate descriptive detail in the original or revised SOW or CO, with regard to item placement and move-sequence, et al, while on Client premise, Clancy-Cullen personnel will be considered to be working at the direction of the Client and/or the Client’s agents or representatives. If requested by the Client, Clancy-Cullen can provide for a Full-Time Project Management to serve as the Client’s agent in some or all matters pertaining to the Relocation. Absent that comprehensive carrier-provided Project Management, the Client must provide a consistently present site representative at each active location, and each of those representatives must be knowledgeable of the SOW and the Terms and Conditions of the Relocation. With regard to logistics and scheduling, Clancy-Cullen will do their best to maintain the efficiency of the Relocation plan; however, without the direction of a knowledgeable Client representative (“Decision Maker” or “Move Captain”), the movers may be directed by Client or other Supervisory personnel in a manner that may lead to delays or incorrect placement of items. Clancy-Cullen cannot be liable for delays and expense to the Client caused by inadequate Client direction or supervision.
Packing and Furniture
Clancy-Cullen will consult with the Client to determine the level of packing that the Client requires to successfully prepare File, Equipment, and Technology content for the Relocation. Common Packing arrangements can include: 1) Self-Pack by the staff or agents of the Client; or 2) Full Pack (“Carrier Pack”) performed by Clancy-Cullen. The Relocation may require some portion to be Self-Packed and some portion to be Full-Packed. Changes to the specific packing required may be performed at the Client’s expense. Any items that had been designated for Self-Pack in the SOW and QFS that is not completed in time for the Relocation, that requires the Carrier, Clancy-Cullen, to perform packing, will be at the expense of the Client. Unless otherwise agreed in writing in the original SOW or CO, all Bookcases, File Cabinets, Desks, Credenzas, Hutch-Overheads, Stationary Cabinets, et al, should be completely emptied of content and that content packed appropriately into moving containers/cartons. Books and Files often carry extreme weight and can crush or buckle furniture that was not designed to transport such materials. Failure to unload these materials from such furniture could also lead to unsafe moving conditions that could lead to personal injury or property damage. Clancy-Cullen assumes no responsibility to move such content and furniture, and assumes no liability for furniture or property damage if the Client requires the Carrier to move such items without proper packing preparation.
Technology
Unless otherwise contracted by the Client to provide “Disconnect/Reconnect” service for Desktop computers, Servers, Phones, Teleconference Devices, Copiers/MFP, et al, Clancy-Cullen will not be responsible for providing such technical services for the Relocation. Clancy-Cullen can provide these services with adequate notice through Clancy technical Services. Delays or expenses caused by failure to provide for these technical services will not be the responsibility of Clancy-Cullen.
Photo Copiers and Multi-Function Printers, either owned or leased by the Client, will require toner service prior to the Relocation and may require further calibration after the Relocation. The Client should contact their vendor for direction and best practices.
