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HAULING AUTHORITY LLC - CUSTOMER TERMS OF SERVICE

This Customer Terms of Service Agreement ("Agreement" or "Terms of Service") is entered into by and between Hauling Authority, LLC, a wholly owned subsidiary of Haul, Co., a Utah corporation, with its principal place of business at 1575 South River Road, St. George, Utah 84790 (hereinafter referred to as the "Carrier of Record"), and the undersigned customer (the "Customer" or "you").

You may interact with Haul, Co.'s website and technology platform (the "Haul Platform") to receive pricing estimates and manage your booking. However, when you confirm a move, you are entering into a transportation contract with Hauling Authority LLC as the federally licensed motor carrier of record. Customer payments are made to Hauling Authority LLC, and Hauling Authority LLC is responsible for performing or arranging the transportation services under its FMCSA authority.

THIS IS A LEGALLY BINDING AGREEMENT. BY ACCEPTING THESE TERMS, YOU MAY WAIVE CERTAIN RIGHTS, INCLUDING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION, TO THE EXTENT PERMITTED BY LAW. CERTAIN CLAIMS MAY STILL BE PURSUED IN SMALL CLAIMS COURT OR THROUGH REGULATORY AGENCIES.

1. SCOPE OF SERVICES
1.1 Authority. Carrier of Record provides interstate and intrastate household goods transportation under authority granted by the Federal Motor Carrier Safety Administration (FMCSA).

1.2 Service Types. Services are performed by Hauling Authority LLC as motor carrier (USDOT No. 4435598, MC No. 1745912), and provides all moves under its own authority as the federally licensed motor carrier of record. In some cases, Carrier of Record may engage qualified third-party motor carriers or independent contractors ("Sub-Haulers") to assist with services. These Sub-Haulers operate under Carrier of Record's direction and authority. Regardless of whether Carrier of Record performs the services with its own personnel or through Sub-Haulers, Carrier of Record remains fully responsible as the carrier of record for the transportation of your goods and for any claims for loss or damage, as provided under federal law, including the Carmack Amendment (49 U.S.C. § 14706) and 49 U.S.C. § 14501(c).

1.3 Federal Preemption* .* Services are governed by federal law, including the Carmack Amendment (49 U.S.C. § 14706) and 49 U.S.C. § 14501(c), which preempts certain state laws relating to rates, routes, and services.

2. QUOTES, ESTIMATES, AND FINAL CHARGES
2.1 Binding Estimates; Survey; Revisions. Unless otherwise stated in writing, quotes are binding estimates based on the inventory and access information provided by Customer and may be supported by a physical or virtual survey. Binding estimates apply only to the declared scope. If the scope changes before loading, Carrier of Record will either reaffirm the binding estimate or issue a revised binding estimate for Customer's signature prior to loading, consistent with 49 CFR § 375.403.

2.2 Final Charges. Final charges are determined in accordance with Carrier of Record's published tariff, maintained under 49 U.S.C. § 13702 and FMCSA regulations, available for inspection upon request. Final charges will not exceed the binding estimate except for additional services authorized by the Customer. Charges are based on actual weight, volume, time, distance, and services rendered. Customer acknowledges receipt of, or access to, Carrier of Record's published tariff prior to booking, which governs all rates, rules, and practices. The tariff is incorporated by reference into this Agreement and is available on request.

2.3 Payment Terms. Carrier of Record requires payment in full no later than one (1) business day prior to the scheduled loading date. If payment has not been received, Carrier of Record is not obligated to dispatch equipment or personnel. However, if Carrier tenders delivery without prior payment, Carrier's right to demand payment at delivery is limited by federal law to 100% of the binding estimate (for binding estimates) or 110% of the estimate (for non-binding estimates, if applicable), plus impracticable-operations charges up to 15% of all other charges due at delivery; any remaining lawful charges will be invoiced after delivery. Carrier of Record will not withhold delivery of a shipment once the Customer has paid the maximum amount due at delivery under federal law, as described above.

Accepted payment methods include major credit/debit cards, ACH, certified check, or money order, except where prohibited by applicable law, and in accordance with Carrier of Record's published tariff.

2.4 Deposits and Cancellations. At the time of booking, the shipper shall remit a deposit equal to ten percent (10%) of the total estimated charges as set forth in the written estimate. No shipment shall be scheduled without the required deposit. This cancellation policy is in addition to, and not in place of, the Customer's federal rescission rights under 49 CFR § 375.505(h).

Deposits are deemed earned upon booking and shall be non-refundable in the event the shipper cancels, reschedules, fails to tender shipment, or otherwise prevents performance on the scheduled pickup date. The deposit constitutes liquidated damages for reasonable administrative and reserved-capacity cost as permitted by 49 CFR § 375.401

If the shipper executes a Bill of Lading ("BOL") more than three (3) business days prior to the scheduled pickup date, the shipper may rescind such agreement within three (3) business days without penalty, in which case any deposit collected shall be refunded in full. If the BOL is signed on the scheduled pickup date or within three (3) business days thereof, no federal rescission right applies, and the deposit shall remain non-refundable.

After this 3-day rescission period expires, or if the BOL is signed within three (3) business days of the scheduled loading date, the following cancellation policy applies:

  • For cancellations made more than seventy-two (72) hours before the first scheduled service date (e.g., packing services) and more than seven (7) days before the move date, any deposit paid is non-refundable but may be applied as a credit toward a future move within twelve (12) months.
  • Cancellations within seventy-two (72) hours of the first scheduled service date or within seven (7) days of the move date, whichever occurs first, may result in a cancellation fee not to exceed the lesser of: (a) actual costs incurred by Carrier of Record in preparation for the move; or (b) fifty percent (50%) of the estimated move cost.
  • Cancellations within twenty-four (24) hours of the move date are non-refundable for the full move cost. Carrier of Record shall provide an itemized statement of costs upon request, and will retain supporting documentation for thirty-six (36) months.
When You Cancel Refund / Credit Example
More than 72 hrs before the first scheduled service date (e.g., packing services) and more than 7 days before move date Deposit is non-refundable, but usable as credit within 12 months Cancel 10 days before move → credit available, no cash refund
Within 72 hrs of first scheduled service date or within 7 days of the move date (whichever is first) Deposit is non-refundable Cancellation fee: lesser of actual costs incurred or 50% of estimated move cost Cancel 5 days before move → lose deposit, and assessed cancellation fee which may be up to 50% of the estimated move cost
Less than 24 hours before move date No refund; full cost charged Cancel morning of move → full estimate due

Note: This table is for convenience. Full legal terms outlined above.

This policy shall apply uniformly to all shipments tendered under this tariff and shall supersede any conflicting cancellation or refund provisions, except as expressly required by federal law.

2.5 Reasonable Dispatch and Delay Notices. Carrier of Record performs transportation with reasonable dispatch. If Carrier of Record cannot meet the pickup or delivery dates or time windows shown on the Bill of Lading, Carrier of Record will promptly notify Customer and provide revised information. Pickup or delivery dates are not guaranteed unless expressly agreed in writing as a "guaranteed service" subject to applicable tariff provisions.

3. VALUATION AND LIABILITY
3.1 Disclosure of Options. Federal law (49 CFR § 375.301(b) and § 375.505(b)(9)) requires that Customers be offered two levels of motor carrier liability: (a) Released Value Protection, set by federal regulation at $0.60 per pound per article, and (b) Full Value Protection, under which the Carrier of Record is liable for the replacement value of lost or damaged items (subject to exclusions).

3.2 Default Coverage - Full Value Protection. Full Value Protection will apply by default to all shipments booked with Carrier of Record unless the Customer expressly elects Released Value Protection.

3.3 Election of Valuation Coverage. Customer's election between Full Value Protection and Released Value Protection will be made on the Bill of Lading at the time of service. The Bill of Lading will contain a valuation section requiring the Customer's signature. If the Customer does not sign to select Released Value Protection, Full Value Protection shall apply.

3.4 Full Value Protection Provided at No Additional Cost. Carrier of Record provides Full Value Protection at no additional charge to the Customer. Under this coverage, Carrier will, at its option, (a) repair the item to restore it to its original condition, (b) replace the item with an item of like kind and quality, or (c) pay a cash settlement equal to the replacement value. Unless a higher lump-sum value is declared in writing on the Bill of Lading, Carrier's maximum liability for the shipment is the greater of $6.00 per pound of the entire shipment or $6,000 total, but not more than $100,000 unless a higher lump-sum value is declared on the Bill of Lading. Customers may declare a higher lump-sum value on the Bill of Lading; if so, Carrier's liability will be increased to that amount, subject to applicable tariff provisions. Valuation is not insurance; it is the motor carrier's contractual level of liability under federal law.

3.5 Released Value Protection (Optional Waiver). Customers who wish to waive Full Value Protection may elect Released Value Protection on the Bill of Lading. In that event, Carrier of Record's liability is limited to $0.60 per pound per article, regardless of the item's actual value.

3.6 High-Value / Extraordinary-Value Items. Articles exceeding $100 per pound per article must be specifically identified by the Customer on the Bill of Lading (in the High-Value Declaration section or on a written inventory attached to the Bill of Lading) and accepted by Carrier of Record in writing at or before loading. If Customer fails to declare such items on the Bill of Lading or attached inventory, Carrier's liability for those items shall be limited to $0.60 per pound per article, even when Full Value Protection applies, as permitted by federal law and Surface Transportation Board released-rates orders.

3.7 Exclusions from Coverage. Carrier of Record shall not be liable for loss or damage arising from the following causes, provided such exclusions are not inconsistent with applicable federal law and do not apply to loss or damage resulting from Carrier of Record's own negligence or that of its sub-haulers:

  1. inherent vice, defect, ordinary wear, or normal truck vibration;
  2. particleboard or ready-to-assemble furniture structural failures;
  3. electronics not in original or protective packaging;
  4. items expressly excluded in writing by Customer;
  5. items packed solely by Customer without disclosure of pre-existing damage where Carrier of Record had no opportunity to inspect;
  6. perishable, hazardous, contraband, or otherwise prohibited items;
  7. acts of God, mechanical failure, or events beyond Carrier of Record's reasonable control.

All exclusions are subject to applicable valuation coverage and will not be applied in bad faith or without supporting documentation. Nothing in this section reduces or eliminates Carrier of Record's liability where inconsistent with 49 U.S.C. § 14706 (Carmack Amendment) or FMCSA regulations.

4. CUSTOMER RESPONSIBILITIES
Customer shall: (a) provide accurate inventory and access details; (b) complete all packing (unless packing services are purchased); (c) be present at pickup and delivery; (d) ensure parking availability for the truck; (e) review and sign the written, itemized inventory at origin and destination if requested. Failure to sign does not waive your federal rights but may affect Carrier of Record's ability to verify loss or damage claims, except where such failure is attributable to Carrier of Record.

5. PROHIBITED ITEMS
Customer shall not transport: (a) Hazardous materials (e.g., fuel, bleach, propane, explosives); (b) perishable goods (e.g., fresh food); (c) contraband, illegal substances, firearms; (d) cash, precious metals, jewelry, sentimental items (e.g., family photo albums); (e) live plants or animals. Such items are excluded from liability and may result in immediate service termination.

These items are accepted only if declared in advance in writing and expressly agreed to by Carrier of Record; otherwise, Carrier shall not be liable for loss or damage to such items.

6. DAMAGE CLAIMS
6.1 Filing Deadline. All claims for loss or damage must be submitted in writing within nine (9) months from the date of delivery, or from the date delivery reasonably should have been made, in accordance with 49 CFR § 370.3(a). Nothing in this section waives or shortens any filing period expressly provided under federal law.

6.2 Claim Submission. A written claim must (i) reasonably identify the shipment, (ii) assert Carrier liability, and (iii) demand a specified or determinable amount. Supporting photos or inventory numbers are encouraged but not required to perfect a claim. Carrier of Record will acknowledge the claim within 30 days, and within 120 days will pay, deny, or make a firm settlement offer. If additional time is needed, Carrier of Record will provide written status updates every 60 days explaining the reason for the delay until final disposition. Any civil action to recover for loss or damage must be filed within two (2) years from the date Carrier provides written notice of disallowance of any part of a claim, consistent with 49 U.S.C. § 14706(e).

7. DISPUTE RESOLUTION
7.1 Claims First* .* Before arbitration, you must first file a written claim with Carrier of Record or its designated claims service. Under federal law (49 CFR § 370.3), all claims for loss or damage must be filed within nine (9) months from the date of delivery (or from when delivery should reasonably have been made). Carrier of Record will acknowledge receipt of your claim within 30 days and will pay, deny, or make a settlement offer within 120 days. If your dispute relates to charges billed after delivery, you must file within 180 days of the invoice date.

7.2 Right to Arbitration* .* Carrier of Record maintains participation in an arbitration program, approved by the FMCSA in compliance with 49 U.S.C. § 14708, as a less expensive alternative to litigation. If your claim cannot be resolved through our claims process, you may request arbitration through Carrier of Record's arbitration program, administered by the Moving Authority Household Goods Arbitration Program in coordination with the National Arbitration and Mediation panel.

7.3 Scope of Arbitration. Arbitration may only address disputes involving: (i) loss or damage to your household goods; or (ii) whether additional charges billed by Carrier of Record must be paid.

Other types of claims (e.g., personal injury, lost wages, emotional distress, suspected fraud, or violations of law) are not subject to arbitration unless both you and Carrier of Record agree in writing.

7.4 Mandatory vs. Voluntary Arbitration.

  • If the disputed claim is $10,000 or less, arbitration is binding on Carrier of Record if you, the Customer, request it.
  • If the disputed claim is greater than $10,000, arbitration is voluntary and requires both parties' written agreement to proceed.

    7.5 Arbitration Process* .* To request arbitration, you must submit your request within 90 calendar days after Carrier of Record has made a final settlement offer or issued a denial of your claim. To obtain arbitration forms or information:

    MOVING AUTHORITY HOUSEHOLD GOODS ARBITRATION PROGRAM

    www.movingauthority.com

    Call: (702) 333-2430

    Email: [email protected]

    Once submitted, the arbitration administrator will provide instructions, required forms, and deadlines for submitting documentation and fees.

    7.6 Costs* .* Each party is responsible for its share of administrative and filing fees, as set by the arbitration provider. Current filing fees for shippers range from $295 to $395 depending on the claim amount. Carrier of Record will share in these costs.

    7.7 Limits of the Arbitrator's Authority. The arbitrator cannot award damages greater than Carrier of Record's maximum liability as set forth in the BOL and your selected valuation option (e.g., Released Value Protection or Full Value Protection). The arbitrator cannot award punitive damages, damages for personal injury, or other claims not directly related to household goods loss, damage, or charges.

    7.8 Preservation of Rights. This arbitration program does not affect your right to:

  • File a complaint with the FMCSA or a state regulatory agency, or
  • Pursue claims in small claims court where available.

8. TERMINATION OF SERVICE
Carrier of Record may cancel or terminate service immediately due to: (a) fraud or material misrepresentation by Customer; (b) unsafe or unsanitary conditions; (c) abusive or threatening behavior; (d) legal noncompliance; (e) inaccessibility of premises. In the event Carrier of Record terminates service under this Section, Carrier of Record may retain or charge a cancellation fee in an amount reasonably calculated to cover actual costs incurred prior to termination. An itemized statement of such costs will be provided upon request.

9. STATE & FEDERAL COMPLIANCE
9.1 Texas Customers. For complaints or mediation assistance, call 1-888-368-4689 or visit https://www.txdmv.gov.
9.2 California Customers. Carrier of Record complies with CPUC regulations. See the "Important Information for Persons Moving Household Goods" booklet at https://www.cpuc.ca.gov.
9.3 New York Customers. Contact the NY Department of Transportation at https://www.dot.ny.gov.
9.4 FMCSA Consumer Disclosure. At the time of estimate, you will receive (or be provided a working link to) both (a) Your Rights and Responsibilities When You Move and (b) the Ready to Move? consumer checklist. If you agree to access these electronically, Carrier of Record will retain your signed acknowledgment/receipt in its records.

10. DIGITAL ACCEPTANCE
Digital acceptance of this Agreement is legally binding under ESIGN and UETA. By checking the box or clicking "I Agree" online, you agree to these Terms of Service. This digital acceptance has the same force as your handwritten signature. Valuation elections must be documented on the Bill of Lading at the time of service. Digital acceptance of these Terms does not by itself constitute a valuation election. Digital acceptance of this Agreement shall not constitute election of valuation coverage. Such elections must be documented separately as described in Section 3.

11. GOVERNING LAW
This Agreement shall be governed by federal law (including 49 U.S.C. §§ 13906, 14501, 14706) and the laws of the State of Utah, without regard to conflict of law principles, to the extent not preempted.

12. LIMITATION OF LIABILITY
These limitations apply only where permitted by law. Carrier of Record shall not be liable for consequential, incidental, indirect, or punitive damages (e.g., lost profits, emotional distress, or business interruption). Nothing in this section reduces or eliminates Carrier of Record's liability for direct loss or damage to household goods as provided under your selected valuation coverage and the Carmack Amendment, 49 U.S.C. § 14706.

13. SEVERABILITY
If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in effect.

14. ENTIRE AGREEMENT
This Agreement, together with any service agreements, addenda, signed quotes, and Carrier of Record's published tariff, constitutes the entire agreement between the Carrier of Record and the Customer.

15. TARIFF NOTICE
Carrier of Record maintains a tariff governing all rates, rules, and practices for transportation services. Carrier of Record's tariff is available for inspection upon request and, to the extent permitted by federal law, governs in the event of conflict with this Agreement.

16. RECORDS RETENTION
Carrier of Record will retain copies of all executed agreements, Bill of Lading valuation elections, tariff acknowledgments, documentation arising from the cancellation of services, and claim records for no less than thirty-six (36) months, and such records shall constitute the best evidence of the parties' agreement and obligations.

17. INDEMNIFICATION

To the maximum extent permitted by law, Customer agrees to indemnify, defend, and hold harmless Carrier of Record from any claims, fines, or damages arising from Customer's breach of this Agreement, misrepresentation, or inclusion of prohibited items, except that this shall not reduce Carrier of Record's liability to Customer under Carmack (49 U.S.C. § 14706).

18. SURVIVAL

Sections relating to indemnification, limitation of liability, dispute resolution, and records retention shall survive termination of this Agreement.

19. CONTACT
For questions regarding Carrier of Record's Terms of Service, contact:

Hauling Authority LLC
1575 South River Road, St. George, Utah 84790
Email: [email protected]
Phone: 601-691-4285