Legally Binding Agreement
By using or engaging in our service(s), you hereby acknowledge and agree to the terms and conditions below. BroHaul Junk Removal takes all removal service orders through our website or over the phone. Therefore, we are unable to obtain a written and/or signed service agreement. For all intents and purposes regarding financial and/or legal issues, the terms and conditions found here shall constitute a legally binding service agreement and shall have the same force and effect as a signed service agreement. IF YOU DO NOT AGREE WITH THESE TERMS AND OR CONDITIONS, PLEASE DO NOT USE OUR SERVICE(S).
All removal services, demo services and landscape and building supply and deliveries are subject to the following terms and conditions:
Waiver of Liability
BroHaul Junk Removal shall NOT be responsible for ANY DAMAGES to customer’s home, pavement, curbing or any other driving surfaces resulting from the weight of the truck or trailer for service at the customer’s location. BroHaul Junk Removal shall not be responsible for any damages to the customer’s property including but not limited to in the home, driveways, walkways, fences, walls, additional structures, and landscaping and lawn. If any damages occur, BroHaul Junk Removal shall be held harmless.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mis-priced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Pricing Policy
Pricing through our online site at http://www.brohaul.com is for the services of junk removal, demolition and landscape and building supply and delivery. You as the user acknowledge and understand that our pricing is subject to change with or without prior written notice before an order is placed. BroHaulJunk Removal will not change pricing on a current order placed by a user, assuming the information provided to BroHaul Junk Removal is accurate. User acknowledges and understands that pricing is up-front and well detailed when placing an order. Any inaccuracies in information provided by the customer could incur additional charges to match the accurate pricing of the services being provided by the independent contractor.
Cancellations and Refunds
Our services are offered to be rescheduled at any point free of charge.
We make every effort possible to ensure timely and reliable service. However, due to circumstances beyond our control, we cannot and do not guarantee delivery times or dates. Inclement weather, hazardous roads and driving conditions, traffic delays, motor vehicle accidents, delays at facilities, equipment failure, etc., happen occasionally and we cannot be responsible for these delays.
If upon arrival to the home and additional items are taken or additional services are needed, the additional charge will applied.
BroHaul Junk Removal and its affiliates, independent contractors or subsidiaries reserve the right to dispose of items in the best manner possible.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of BroHaul Junk Removal and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of BroHaul Junk Removal.
Indemnification
You agree to defend, indemnify and hold harmless BroHaul Junk Removal and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation of Liability
In no event shall BroHaul Junk Removal, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
BroHaul Junk Removal its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Virginia, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Scope of Work
BroHaul offers variety of services, such as junk removal, clean-outs, light outdoor demo and landscape and building supply and deliveries.
We have the right to refuse service at all times, and our services are subject to availability. Chosen service times means that we will try to be there within thirty minutes of the time that you choose, or that we will call, text, or email you to notify you if we will not be able to make the time that you select, and make other arrangements. There are no monetary considerations whatsoever for your chosen pick up times. By scheduling a pick up, you relinquish any rights or ownership to the items that we pick up, and BroHaul assumes all ownership and rights to whatever we pick up and possess. We take no liability for any personal information left on any item that we pick up. For all electronics, make sure to delete any data prior to giving to us. We will take your electronics with data storage capacity to an e-waste recycling center that will safely handle your electronics, but we make no guarantees and take no liability for the electronics or for the information on the electronics given to us. We try to donate or recycle what we pick up, but in many cases, we are unable to do so and must discard them as waste.
Customer Assumption & Responsibilities
● Customer shall provide and be responsible to provide direction to BroHaul.
● Customer will provide BroHaul as much notice as possible in terms of assigning jobs and will assign jobs at the latest two days prior to the job.
● Customer will provide the start-time, the starting point, the ending point and all way-points of the jobs at the latest 5pm EST the day prior to the job.
● Customer will send any updates or changes to a job to info@brohaul.com as soon as they are notified of a change
Cancellation Policy
If a job is cancelled after having been started, the customer will be billed the full amount quoted for the service.
Terms of Payment
● Upon completion of the job the customer will pay the amount quoted by credit card, check, or cash.
Damage Protocol
Both Parties will make a best effort to comply with the following time-frames. It is understood that both parties will work to mitigate each other’s liability the best they can.
● Customer will notify BroHaul of any damages thought to be due to BroHaul within 24 hours of a completed job.
● Customer requires that we have a chance to review damages and accept or contest damages within the following 48 hours.
● BroHaul will have the opportunity to provide a 3rd party quote on damages within 7 days of notification to BroHaul.
● If Damages are accepted by BroHaul, BroHaul will work with the customer to quickly resolve the damage as soon as possible and as reasonably as possible.
Uncontested Damage
● If BroHaul causes damages we will immediately notify customer of the damage.
● BroHaul will initiate and interact with the customer to resolve damages.
What We Don’t Accept
We do NOT accept the following items period. They will be left behind. Please dispose of properly.
Dangerous Materials
● Asbestos
● Ammunition
● Biological or Bio-Hazardous Waste
● Explosives
● High Pressure Cylinders
● Medical Waste
● Radioactive Materials
● Sharps or Syringes
Flammable Products
● CO2 Cartridges
● Diesel Fuel
● Fire Extinguishers
● Helium Tanks
● Home Heating Oil
● Kerosine
● Lighter Fluid
BroHaul Representations and Warranties
By using the Service, a BroHaul team member represents, warrants and agrees that:
● BroHaul team member is at least 18 years of age.
● BroHaul team member has the ability to lift and carry items that may be up to or exceed 100 pounds.
● BroHaul team member will not allow any customer to sit, ride, or occupy the BroHaul vehicle as part of the hauling services.
● BroHaul team member possesses a valid driver’s license and is authorized to operate a motor vehicle.
● BroHaul team member owns, or has the legal right to operate, the vehicle. Such vehicle to be used for providing services shall be manufactured no earlier than 2010, shall be in good operating condition, and shall meet the industry safety standards and all applicable statutory and state department of motor vehicle or highway patrol requirements for a vehicle of its kind. Vehicle requirements are subject to change on a case-by-case basis.
● In the event of any claim or a motor vehicle accident, BroHaul team member will be solely responsible for reporting said incident in compliance with the requirements of any applicable statutory or department of motor vehicles requirements or as required by the customer’s insurance company. Further, BroHaul team member shall report any and all said incident, claim, or accident promptly with BroHaul team member’s insurance carrier.
● BroHaul team member will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
● Upon arrival, BroHaul team member will inspect, will take a photograph, and note any preexisting damage that is evident of any and all items to be transported, moved, relocated, or the messengered to the extent such items are already damaged. In the event the customer claims its items were damaged in transport, the BroHaul team member will note and describe the alleged damages, photograph the same and immediately notify BroHaul.
● In the event, cargo to be transported, moved, relocated, or messengered is in a sealed box or cannot otherwise be identified by the BroHaul team member, customer agrees that the maximum claim for damage may be made in such an event up to $50.00.
● BroHaul team member will not make any representations regarding BroHaul.
● The BroHaul team member will further not offer or provide transportation or moving service for profit, as a public carrier, moving company, or taxi service, charge for hauls or services or otherwise seek non-voluntary compensation from customers, or engage in any other activity in a manner that is inconsistent with such BroHaul team member’s obligations under this Agreement.
● BroHaul team member will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation in violation of any State or Federal Law or State or Federal Constitution.
BroHaul Safety
All BroHaul team members undergo extensive criminal and motor vehicle background checks before they are allowed to work for BroHaul.
BroHaul E-Mail & Text Communications
E-mail communications and text messages sent from BroHaul or through BroHaul are designed to make your experience more efficient. By becoming a customer and/or BroHaul team member, you specifically agree to accept and consent to receiving e-mail communications and text messages initiated from BroHaul or through BroHaul, which include, without limitation: message notification e-mails, e-mails or text messages informing your about potential available BroHaul team members or customers and e-mails informing you of promotions. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. If you change your mobile phone service provider, the notification service may be deactivated for your phone number and you may need to re-enroll in the notification service. BroHaul reserves the right to cancel the notification service at any time. If you do not wish to receive any of our e-mail communications or text messages, please do not use the services.
How We Use Personal Information
We use your email address and your other personal information to help us efficiently operate BroHaul, to contact you in connection with your transactions and other activities on BroHaul (including, but not limited to, confirmation emails, or important news that could affect your relationship with BroHaul). We use your contact information to find and connect with your friends (when permitted by you). These types of communications are known as “Operational Communications.” In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.
We may keep the photos you submit that are the subject of a move for purposes of keeping a transaction history, for insurance purposes, and for obtaining statistical information for use of the Services.