Terms and Conditions
JUSTO BLANKET WRAP DELIVERY SERVICES
It is understood and agreed that any and all work performed here forward by Justo Delivery (THE COMPANY) are subject to the following terms and conditions: |
LIABILITY OF COMPANY: (a) The liability of THE COMPANY is limited to $0.60 per pound per article & in no event shall THE COMPANY be liable or responsible for any loss or damage due to any other causes other than THE COMPANY’S own negligence;(b) THE COMPANY is not responsible for injury or damage to any fragile articles (articles susceptible to breakage or crushing), including but not limited to granite, glass, ceramic, marble, table tops, artwork, and mirrors; (c) THE COMPANY will not be liable for loss or damage caused by ordinary wear and tear, leakage, mold, mildew, termites, rodents, vermin, moths, and other insects, rust, fumigation, heat, change in temperature, or other atmospheric conditions, natural deterioration, inherent vice or defect of the property, de-lamination of laminate or veneer furniture or damage to press board/particle board, manufacturer defects, poor construction or assembly, preexisting damage or loss damage or delay contributed to or caused by the act or omissions of the Customer or by acts of war, terrorism, insurrection, nuclear fusion, strikes, labor disturbances, fire, riots, or by any acts of God, or any cause beyond the Company’s control, nor for loss or damage to items that are not packed, transported or unpacked by anyone other than employees of THE COMPANY; (d) THE COMPANY is not responsible for mechanical or electrical malfunction of, nor for damage or injury to the internal functioning of any article, such as, but not limited to computers/computer equipment, pianos, electronics, electromechanical devices, instruments or appliances, whether or not such articles are packed or unpacked or stored or transported by THE COMPANY; (e) THE COMPANY shall not be responsible for loss or damage to any pieces, furniture or other items, which are loaded (e.g. drawers, shelves, etc) nor to articles contained in drawers or in packages, cases, or containers not packed or unpacked by THE COMPANY; (f) There shall be no liability on the part of THE COMPANY for property or residential damage due to restricted access at either origin or delivery, nor for property or residential damage when handling bulky items within restricted areas, such as, but not limited to pianos, organs, appliances, sofas, bookcases, dressers, desks, chairs, armoires, and over-sized pieces; (g) THE COMPANY will not be liable for any damage to items loaded or unloaded into a rental truck or container, or a self-storage unit; (h)The Company is able to install items on-site to the best of their ability with limited liability. Justo Delivery cannot be responsible in any way for replacement value of any and all items installed and/or hung and/or other items damaged. (i) THE COMPANY, cannot be responsible for time lost, future sales, or professional compensation. THE COMPANY cannot be responsible in any way for any and all damage and/or issues that occur due to improper hanging and/or installation of items. |
- CLAIMS: It is expressly agreed that all claims must be submitted in writing, with two (2) customer estimates /appraisals for repair within 30 days from the date of delivery. Payment in full of all charges due and owing is a condition precedent to submission of a claim. Any and all claimed loss or damage must be noted at the time of delivery. It is the customer’s responsibility to be able to provide a current appraisal or receipt for the item(s) being shipped in order to show proof of value. The appraisal must be less than one year old. Proof of value must exist and be available prior to shipping. THE COMPANY shall only be responsible for damage in the amount of $0.60 per pound per article if no additional coverage has been selected at time of order acceptance. Orders with a deductible of $750.00 will be limited to coverage for total loss up to $3 / lbs. or value of merchandise whichever is lower, this includes transportation and professional services. Orders with a deductible of $500.00 will be limited to coverage for total loss up to $5 / lbs or value of merchandise whichever is lower, this includes transportation and professional services. Orders with a deductible of $0.00 will be limited to coverage for total loss up to $8 / lbs or value of merchandise whichever is lower, this includes transportation and professional services. In all cases and in all claims against the carrier, Carrier reserves the right to repair the item with their choice of services before honoring any customer provided estimate. In the event Justo agrees to settle a claim it will only be liable for the amount of exposure listed above in this document. In the event that shipping charges are reversed or disputed the claim is immediately nullified. THE COMPANY will not be responsible for any payment or claim amount of the claimant proceeds with repairs or replacement prior to Company having opportunity to repair first. In the event that the claimant proceeds with repairs or replacement prior to Justo approval then Justo will be limited to the coverage as described above unless we can provide reasonable proof of repair at a lesser value.
- CUSTOMER’S RESPONSIBILITIES AND LIABILITIES: (a) The participation in the performance of any of the services to be performed by THE COMPANY by the customer or any of their friends, relatives, invitees, employees or representatives is expressly at the customer’s own risk, and specifically releases and agrees to fully indemnify THE COMPANY from any and all liability for injuries sustained to any of said persons, including costs and fees incurred by THE COMPANY in defending any such claims or lawsuits; (b) Customer is responsible for ensuring that all items to be picked up and/or delivered are tendered to THE COMPANY and that no items are left at origin; (c) Customer is responsible for documenting any and all damage at origin and/or delivery; (d) It is the customer’s responsibility to have an authorized representative present to accept delivery and sign all necessary documents. The customer expressly waives the right to dispute delivery and/or the condition of any items at delivery if an authorized representative is not present to sign for the items at delivery.
- CUSTOMER’S ACKNOWLEDGEMNT: The customer has represented and warranted to THE COMPANY that he/she has lawful possession of, and legal right, interest and authority to lender all of the property herein described, and that there are and will be no liens, mortgages, or encumbrances on said property superior or adverse to the legal right, and authority of the customer to contract for the services herein. If there be any claims or litigation concerning the customer’s representation and warranties herein, including claims of ownership and/or possession made by any third party with regard to the property described herein, the customer agrees to pay all storage and other charges and further agrees to indemnify THE COMPANY for all costs, expenses and attorney’s fees which THE COMPANY may be reasonably incur or become liable to pay in connection therewith. THE COMPANY shall have a lien on said property for all charges and for such costs and expenses.
- SPECIAL CIRCUMSTANCE: The customer shall arrange in advance for all necessary elevators, loading dock, ingress/egress and/or other services and any charges/delays for same will be paid for by the customer(s). The customer agrees to pay any specified charge in this contract for any waiting time beyond the control of THE COMPANY, including but not limited to weather, construction or workmen, traffic, or customer caused delays.
- MODIFICATION OF POLICY TERMS AND CONDITIONS: THE COMPANY reserves the right to modify the terms and conditions of this agreement after thirty days written notice to the customer.
- RECEIVING: a) THE COMPANY receiving inspection is limited to obvious and blatant damage only such as: Large tears or large holes exposing the item within the packaging unless THE COMPANY is authorized to unpack and inspect each item while the driver waits for a complete inspection. b) COD deliveries to our warehouse without appropriate “Receiving” paperwork may be refused. c) Any freight damage claims are between the carrier, manufacturer, and the customer. THE COMPANY agrees to assist the customer in the process by making the items available for inspections, etc. In no way is THE COMPANY responsible for items received with concealed damage. A Justo representative is available to assist clients in the freight claim process but in no way is responsible for the freight claim outcome. THE COMPANY’S charges for filing the freight claim will still be due regardless of the outcome of the claim.
- INSURANCE: a) The customer can/should carry or obtain insurance to cover all items in storage. The customer may also purchase Declared Value Protection through THE COMPANY. Declared Value Protection does not supercede THE LIABILITY OF THE COMPANY mentioned herein. Otherwise the liability of THE COMPANY is limited to $0.60 per pound per an article. b) No merchandise will be released from THE COMPANY’S custody or control until all charges are paid in full, unless otherwise agreed in writing by THE COMPANY.
- STORAGE: Items in THE COMPANY’s possession default to storage at a rate of five dollars ($5.00) per order per day after ten (10) days unless a contractual agreement supersedes this clause. Orders in excess of five (5) pieces may result in a higher rate.
- STORAGE IN TRANSIT: Orders held in THE COMPANY possession due to no fault of THE COMPANY are subject to a storage in transit fee of five dollars ($5.00) per day per order for orders with up to five (5) pieces. Orders with six (6) or more pieces are subject to a quoted rate which may exceed five dollars ($5.00) per day.
- THE COMPANY’S LIEN: (a)THE COMPANY shall have a lien against any and all property tendered to it by or on behalf of the customer for all charges incurred, including without limitation those in the Rate Sheet, for monies advanced, for transportation, storage, interest, labor, and any and all other charges or expenses in relation to said property, and that said lien shall extend to the proceeds from the sale thereof , as well as any and all other costs incurred to enforce THE COMPANY’S lien, such as those costs for notice, advertisement of sale, and the actual costs of sale, together with any costs, expenses and attorney’s fees that may be incurred as a result of a sale, and/or the enforcement of THE COMPANY’S lien.; (b) All goods upon which THE COMPANY has a lien, are subject to sale at public auction to satisfy any and all unpaid charges, including interest, plus the expenses for preservation of the goods reasonably incurred in their sale, as well as any legal expenses including reasonable attorney’s fees, which maybe necessitated by said sale; (c) The lien upon all property tendered to THE COMPANY shall also include all unpaid charges and expenses pertaining to property previously tendered to THE COMPANY regardless or whether said property has been delivered by THE COMPANY; (d) The parties agree that in any sale conducted to satisfy THE COMPANY’S lien, all property which is subject to the lien shall be sold. Proceeds for the sale in excess conducting the sale shall be remitted to the customer upon demand therefore; (e) THE COMPANY may at its option may bring suit for reimbursement pursuant to the foregoing provisions without first foreclosing upon its lien; (f) THE COMPANY shall have a further lien and may reserve other security interest in property which has been or will be tendered to it to secured repayment of money’s and interest thereon advanced to a customer or customer’s account; (g) THE COMPANY shall be presumed to have acted in good faith and in a reasonable and commercially acceptable manner when or if it seeks to enforce its lien pursuant to the appropriate provisions of the Uniform Commercial Code as adopted in Texas, and/or relevant statutes.
- CHARGES: All charges will be based on THE COMPANY’S Rates, which is subject to change from time to time without notice. If it should become necessary for THE COMPANY to pursue collection efforts, including litigation, to collect the charges due and owing, THE COMPANY shall be entitled to recover all cost and legal fees incurred by the need to take such action.
- CHOICE OF LAW: This agreement shall be governed by California law and any causes of action brought pertaining to this agreement shall be brought in State Court in Santa Clara, California
- THE COMPANY and the customer acknowledge our policy and rate forms and the terms mentioned herein on any and all work performed by THE COMPANY.
- LOCATION SERVICES:- The Justo Driver App needs your permission to track your location while you are logged in. This will mean that while you are delivering package so customer can easily track their order.
- BACKGROUND LOCATION SERVICES:-The Justo Driver Mobile Application needs your permission to track your location when your application is in background mode. This will mean that while you are delivering package so customer can easily track their order.
JUSTO DELIVERY WEBSITE
This is an Agreement (the “Agreement”) between (a) you (either an individual, company or a single entity) and (b) Justo Delivery (“Justo”). Please read this Agreement before using Justodelivery.com to browse, order, purchase, track, deliver merchandise or otherwise access Justodelivery.com for browsing, ordering, purchasing, tracking, delivering or reporting on merchandise. By using Justodelivery.com, you agree to be bound by the terms of this Agreement. If you do not accept the terms of this Agreement, then you may not use Justo delivery or its on-line system.
This Agreement also governs your use of any software product or accompanying online user-interface provided or made available to you by Justo delivery. It means our computer software, website application, or accompanying online user-interface and may include associated media, printed materials, website design and configuration, and online or electronic documentation. An amendment or addendum to this Agreement may accompany the Justo Software Product.
These terms and conditions outline the rules and regulations for the use of Justo delivery’s Website, located at www.justodelivery.com.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use Justo delivery if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By accessing Justo delivery, you agreed to use cookies in agreement with the Justo delivery’s Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Justo delivery and/or its licensors own the intellectual property rights for all material on Justo delivery. All intellectual property rights are reserved. You may access this from Justo delivery for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Justo delivery
- Sell, rent or sub-license material from Justo delivery
- Reproduce, duplicate or copy material from Justo delivery
- Redistribute content from Justo delivery
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Justo delivery does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Justo delivery,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Justo delivery shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Justo delivery reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Justo delivery a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavourably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Justo delivery; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Justo delivery. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Justo delivery’s logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
To the maximum extent permitted by applicable law, in no event shall Justo delivery be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the software product, or otherwise in connection with any provision of this agreement), even if Justo has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
To the maximum extent permitted by applicable law, Justo delivery provides the software product “as is” and with all faults, and hereby disclaims all other warranties and conditions, either express, implied, or statutory, including, but not limited to, warranties of title and non-infringement, any implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, and of lack of viruses all with regard to the software product. No oral or written information or advice given by Justo or a Justo authorized representative shall create a warranty.