Terms of Service

1) Acceptance, Electronic Agreement, and Updates

Agreement by checkbox / use. By clicking "I agree," checking a checkbox, submitting a request, scheduling by phone/text/email, or allowing us to perform Services, you agree to these Terms.

Electronic records and signatures. You agree that electronic acceptance, records, and signatures are legally binding and satisfy any writing/signature requirements.

Updates. We may update these Terms from time to time. The updated version becomes effective when posted (or when we provide notice through the Website/App or in writing). Your continued use after the effective date constitutes acceptance.

2) Definitions

• "Customer" means the person or entity requesting Services and responsible for payment (including homeowners, designers, showrooms, or businesses).
• "Account Holder" means the Customer who created an account in the App and/or whose contact info is used for booking.
• "Request" means an online form submission or inquiry.
• "Confirmation" means our written or verbal confirmation (email/text/phone) that we are accepting the job and scheduling the Services.
• "Goods" means the items we receive, store, transport, deliver, install, or move.

3) Booking Requests Are Not Contracts Until Confirmed

Website/App requests are requests only. Submitting a Request does not create a contract and does not guarantee availability.

Confirmation required. A binding Service agreement is formed only when we issue a Confirmation.

Phone bookings. Phone/text/email bookings are governed by these Terms the same as online Requests.

Right to decline. We may decline or reschedule Requests in our reasonable discretion (e.g., service area limits, safety/access issues, scheduling conflicts).

4) Pricing, Deposits, Payment, Late Fees, and Processing Fees

4.1 Pricing

Pricing sources. Prices may be stated in our pricing sheet(s), in written quotes, or in our Confirmation.

Additional charges. You are responsible for (a) re-delivery charges when applicable, (b) packing materials, (c) warehouse pickup/release fees where applicable, (d) pallet handling/disposal fees where applicable, and (e) any charges expressly stated in the pricing sheet or Confirmation.

4.2 Deposits (Moves)

Move deposit. Moves require a 25% deposit unless we agree otherwise in writing.

Deposit forfeiture. If you cancel within 48 hours of the scheduled start time or you are a no-show, the deposit is non-refundable and may be applied to charges owed. You agree this deposit retention is a reasonable liquidated damages estimate of scheduling, staffing, and opportunity costs and is not a penalty.

4.3 When Payment Is Due

Standard rule. Payment is due at completion unless we agree in writing.

Invoice terms. Invoiced charges are Net 15 from the service date.

4.4 Grace Period and Late Fees

Grace period. A 14-day grace period applies after the due date.

Late charges after grace. Starting the day after the grace period ends, we may assess:

• Interest: 1.5% per month (18% APR) on the past-due balance, or the maximum allowed by applicable law, whichever is less, plus
• Administrative late fee: $15 per 30-day period that the balance remains past due.

Collections and enforcement costs. You agree to pay reasonable costs we incur to collect unpaid amounts, including lien enforcement and sale costs where permitted.

4.5 Card Payments, Surcharges/Processing Fees, and Chargebacks

Card processing fee (card payments). If you elect to pay by card, you authorize a 3.5% processing fee that is intended to offset our card acceptance costs. This fee will not exceed (a) our actual cost of acceptance and (b) any cap imposed by applicable law or card network rules. Where applicable law or card network rules prohibit charging this fee for certain card types or transactions (including some debit transactions), we will not charge it for those transactions. The fee amount will be disclosed through clear and conspicuous notice before you complete the payment transaction.

Chargebacks, reversals, and returned payments. If a payment is reversed, returned, or disputed, you agree to pay: (a) all amounts due, (b) any third-party fees we incur (e.g., processor chargeback fees, returned-payment fees), and (c) the credit-card processing fee previously charged (if any) to the extent permitted by law and card network rules.

5) Mileage, Service Area, and Travel

Service radius. Our standard operating range is approximately 150 miles from our operational base unless we agree otherwise.

Mileage for distance jobs. For jobs where the destination is more than 25 miles from the pickup location, mileage may apply starting at the pickup (per the pricing sheet or Confirmation).

Mileage calculation (one-way). When mileage is charged, mileage is calculated one-way based on route miles from the pickup location to the delivery/service location, unless the pricing sheet or Confirmation states otherwise.

Mileage rate. The per-mile rate is per pricing sheet or will be stated in the Confirmation. For two-person ("two-man") jobs where mileage applies, the standard rate is $5.00 per mile (one-way) unless the pricing sheet or Confirmation states otherwise.

6) Cancellations, Rescheduling, No-Shows, and Re-Delivery

• Delivery cancellation within 48 hours: $75 cancellation fee.
• Rescheduling: No cancellation fee unless rescheduling occurs within 48 hours, in which case a $75 reschedule fee may apply.
• No-show: You will be charged the full scheduled service charge. For deliveries, you will also be charged a re-delivery fee equal to a full delivery charge.
• Move deposits: If you cancel within 48 hours or no-show, your 25% move deposit is non-refundable.

Liquidated damages. The cancellation, reschedule, no-show, and re-delivery fees in this Section 6 are agreed liquidated damages intended to reasonably estimate our costs and lost capacity and are not a penalty.

7) Service-Specific Terms

7.1 Receiving Services (Inbound Receiving)

Inspection scope. We perform a best-efforts inspection based on accessible packaging and visible condition at the time of receipt.

Carrier/manufacturer rules. Claims for carrier/shipping damage and manufacturer defects are governed by the shipper's/carrier's/manufacturer's rules and deadlines.

Receiving documentation timeline. We generally complete receiving documentation within 1 business day, depending on workload; however, timing may vary.

Concealed damage:

• If unpacking is not performed at receipt, concealed damage may not be discoverable.
• To preserve the ability to pursue third-party claims, the Account Holder must notify us of any suspected concealed damage within 3 calendar days after the item is delivered.
• If the Account Holder does not respond in time (including authorizing additional inspection/unpacking when needed), the Account Holder accepts the risk that carrier/manufacturer claim windows may lapse.

Packaging preservation (Basic Receiving and Basic Delivery only). If a claim is suspected, packaging should be preserved to the extent reasonably possible. If packaging is discarded before a claim can be evaluated, the claim may be adversely affected.

Chandeliers and high-risk opening. We do not open chandeliers or other high-risk packaged items unless specifically requested and approved in writing. If you request opening/unpacking, you may be required to sign a separate waiver acknowledging the risk of concealed/internal damage not caused by our handling.

Pallet handling/disposal. If Goods arrive on shipping pallets, skids, or other freight platforms, we may charge a pallet handling/disposal fee of $15 per pallet unless otherwise stated in the pricing sheet or Confirmation.

7.2 Storage (Warehouse)

Free period. Two (2) weeks of storage are included where stated in the pricing sheet for receiving programs.

When storage charges start. Storage charges begin after the free period ends.

Monthly billing. Storage is billed monthly. The first storage invoice is typically issued 30 days after charges begin, not in advance.

No insurance for stored goods. Stored Goods are not insured by us. You are responsible for obtaining and maintaining your own insurance.

Warehouse pickup/release fee. If you (or your representative or carrier) pick up Goods from our warehouse instead of using our delivery service, we charge a pickup/release fee equal to 10% of the delivery charge that would otherwise apply for those Goods (as determined under our pricing sheet or Confirmation).

7.3 Delivery / Install

Scope. Delivery includes placement and minor assembly as agreed.

Not included. We do not perform plumbing, gas work, wall mounting, or electrician work. We may plug in items that are designed to be plugged in, but we do not perform electrical installation/alterations.

"White glove" clarification. "White glove" refers to handling quality and placement service, not literal white gloves.

7.4 Moving Services

Billing increments. Moves are billed hourly in 15-minute increments unless billed by the piece per the pricing sheet or Confirmation.

Minimums and special rules. Minimums and "by the piece vs. time" rules may vary by job type (warehouse/showroom vs. in-home) and will be applied as stated in the pricing sheet and/or Confirmation.

Packing materials. All packing materials are charged to the Customer.

8) Customer Responsibilities (Access, Site Conditions, Building Rules)

You agree to:

• Provide a clear path, safe working conditions, and adequate access.
• Secure pets, children, and valuables.
• Provide building requirements in advance (loading dock rules, elevator reservations, delivery windows, COI requirements, parking permissions).
• Disclose special constraints (tight stairs, narrow turns, fragile finishes, restricted access) before service.

We may refuse or stop work if conditions are unsafe, access is blocked, or building rules prevent completion.

9) Photos, Documentation, and Communications (SMS/Email/Calls)

Operational documentation. You authorize us to take operational photos of Goods and conditions related to the Services (counts, condition, placement) for documentation and dispute prevention.

Privacy requests. If you request no photos inside a home due to privacy, you may be required to sign a separate No-Photo / Limited Documentation Waiver. You understand that refusing photos limits our ability to verify conditions and may limit claims. Any waiver you sign for a specific job is incorporated into these Terms by reference.

SMS/email/calls (transactional). By providing a phone number and email address, you consent to receive transactional calls, texts, and emails reasonably related to scheduling, service updates, and billing. Consent to transactional texts is not a condition of purchasing Services. Message and data rates may apply. You may opt out of SMS at any time by replying STOP; we will then route operational communications by phone or email.

10) Claims, Damage Reporting, and Furniture Characteristics

10.1 Damage Claim Deadlines

Deliveries and moves: Any claim for damage allegedly caused by us must be reported within 3 calendar days after Service completion.

Receiving: Visible issues noted at receipt are documented per our process. Concealed damage issues must follow Section 7.1.

10.2 Exclusions (Not Considered "Damage We Caused")

We are not responsible for:

• Pre-existing damage that is documented at receiving or observed prior to moving.
• Manufacturer defects and carrier/shipping damage not caused by our handling.
• Natural characteristics and normal variation including (examples):
  • Leather stretching, compressing, or creasing
  • Wood grain variation, knots, and live-edge characteristics
  • Hand-finished or ground metal edges, minor finish variability
• Customer-provided assembly parts or missing hardware not provided by us.
• Showroom "as-is" items. Some deliveries originate from showrooms where items were used for staging and sold "as-is." You agree that we are not responsible for marks or wear present at time of purchase and that you inspected/accepted the item's condition (including any showroom waivers).

10.3 Claim Requirements

To evaluate a claim, you must provide:

• Clear photos and a description of the issue
• Access for reasonable inspection if requested
• Any relevant documentation (invoice/Confirmation/receiving references)

11) Limitation of Liability

No consequential damages. To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, punitive, or loss-of-use damages (including delay costs, alternative lodging, lost profits, or business interruption).

Storage is at your risk. We are not an insurer. Stored Goods are not covered by our insurance.

Direct damage cap. If we are found responsible for direct physical damage we caused, our maximum liability is limited to the lesser of (a) reasonable cost to repair, or (b) replacement cost, and in all cases our aggregate liability for the incident will not exceed two (2) times the Service fees paid for the specific Service that directly relates to the affected Goods, unless a different cap is stated in the Confirmation.

Optional increased valuation (by written request). Where legally permitted (including for warehouse/storage arrangements), you may request in writing an increased valuation for some or all Goods before service and we may (in our discretion) offer an increased liability cap for an additional charge. Any increased valuation must be confirmed by us in writing to be effective.

Cargo limit while in transit. For Goods in our custody while in transit, any recovery may also be limited by our cargo policy limits (commonly capped at $100,000 per occurrence) and applicable policy terms, and we do not guarantee coverage for every scenario.

No limitation for certain conduct. Nothing in these Terms limits liability for conversion, gross negligence, or willful or wanton misconduct, or any liability that cannot be limited under applicable law.

12) Nonpayment, Holds, Warehouse Lien, and Disposition (Kansas Warehouse)

Important: Our warehouse/storage operations are located in Kansas.

Release requires payment. We may require full payment of all amounts due (including storage, labor, late charges, and allowable fees/costs) before releasing Goods.

Hold for delinquency (timing). If an invoice remains unpaid 30 days after the grace period ends (i.e., at the time a second late charge would accrue), we may place Goods on administrative hold, suspend scheduling/release, and require payment before release.

Kansas warehouse lien. To the extent permitted by law, we have a warehouse lien under K.S.A. 84-7-209 on Goods covered by a warehouse receipt or storage agreement (including these Terms and any Confirmation) and on proceeds in our possession for charges for storage, transportation, labor, preservation, and other lawful charges and expenses.

Default and enforcement timeline. If amounts remain unpaid for four (4) months after the invoice due date (or other period stated in the Confirmation), we may begin lien enforcement steps.

Notice and cure (extended). Before any sale/disposition, we will provide written notice to all persons known to claim an interest in the Goods at the last known email and mailing address. The notice will include an itemized statement of the amount due, a description of the Goods, a demand for payment, and (where required) the time and place of the proposed sale. You will have at least 30 days after receipt of the notice to cure by paying all past due amounts plus allowable fees and costs.

Right to redeem before sale. Before any sale, any person claiming a right in the Goods may pay the amount necessary to satisfy the lien and our reasonable expenses incurred in complying with Kansas law. If paid, the Goods will not be sold.

Sale/disposition procedure (Kansas UCC compliance). If amounts remain unpaid after the cure period, we may enforce the lien in a commercially reasonable manner as permitted by K.S.A. 84-7-210. For Goods other than goods stored by a merchant in the course of its business, Kansas law generally requires sale by auction at the nearest suitable place, with additional notice and advertising/publication requirements; we will follow those requirements (including any required newspaper publication or posting), and the sale will conform to the notice. We may purchase at any public sale as allowed by law.

Surplus proceeds. We may satisfy the lien from sale proceeds and will hold any surplus for the owner/lienholders as required by law. If unclaimed, surplus may be treated as unclaimed/abandoned property and remitted as required by applicable law.

13) Disposition Authorization (Replacement/Damaged Items) and Fees Still Owed

Written authority required. We will not dispose of, donate, release, or transfer any Goods without written authorization from the owner of record or an authorized agent.

Fees still owed. Even if Goods are damaged, replaced, or designated for disposal, you remain responsible for receiving, handling, storage, and disposal fees incurred under the pricing sheet and these Terms.

If no party pays. If no party pays amounts owed for receiving/storage/handling/disposal, we may treat the Goods as subject to the lien and enforcement process in Section 12.

Indemnity for agent instructions. If a designer/showroom/third party instructs disposition, they represent they have authority and agree to indemnify us for claims arising from lack of authority.

14) Force Majeure

We are not liable for delays or inability to perform caused by events outside our reasonable control, including severe weather, accidents, road closures, building closures, power/internet outages, governmental actions, labor disruptions, or emergencies.

15) Warehouse Tracker App Terms (Software)

15.1 Who May Use the App

The App may be used by Customers, designers, and showrooms who are invited or approved by us.

15.2 License and Acceptable Use

Limited license. We grant you a limited, non-exclusive, revocable license to use the App for business purposes related to our Services.

No misuse. You may not:

• reverse engineer, scrape, or attempt to extract source code
• interfere with the App's operation
• upload unlawful content
• use the App to harass or impersonate others

15.3 Data and Confidentiality

Your data. You retain rights to your business data you enter.

Operational use. You grant us the right to use that data to provide Services, communicate status, and maintain operational records.

Confidentiality expectation. You agree not to share other parties' confidential order information.

15.4 Availability; No Warranty; No Liability

As-is. The App is provided "as is" and "as available."

No warranty. We disclaim all warranties to the maximum extent permitted by law.

No liability for software issues. You use the App at your own discretion and risk. We are not liable for data entry errors, downtime, bugs, or integrations, except to the extent prohibited by law.

15.5 Third-Party Services

The Website/App may use third-party hosting or tools (including platforms such as Replit and other service providers). We are not responsible for third-party outages or changes.

16) Dispute Resolution, Governing Law, Venue, and Arbitration

Governing law (Kansas warehouse). Warehouse/storage, lien, and disposition matters are governed by Kansas law, including Kansas UCC Article 7.

Governing law (Services). For claims primarily arising from Services performed wholly in Kansas, Kansas law applies; for claims primarily arising from Services performed wholly in Missouri, Missouri law applies, except as otherwise required by law.

Informal resolution. Before filing a lawsuit or arbitration, the parties agree to attempt in good faith to resolve disputes informally for at least 30 days after written notice of the dispute (email is sufficient).

Small claims carve-out. Either party may bring an individual claim in small claims court if eligible.

Binding arbitration (if not in small claims). Except for small claims matters, you and we agree that any dispute arising out of or relating to these Terms, the Website/App, or the Services will be resolved by binding arbitration on an individual basis (no class actions), under the Federal Arbitration Act.

Administrator and rules. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules if you are an individual consumer, otherwise under its Commercial Arbitration Rules.

Location. Unless the parties agree otherwise, the arbitration hearing will take place in Wyandotte County, Kansas (or remotely if permitted by the arbitrator).

Fees. AAA filing and hearing fees will be allocated consistent with the applicable AAA rules and applicable law.

Class action waiver. To the maximum extent permitted by law, disputes must be brought in an individual capacity and not as a plaintiff or class member in any purported class, collective, representative, or private attorney general action.

Court fallback / venue. If a dispute is found not subject to arbitration, the parties consent to exclusive venue in (a) Wyandotte County, Kansas for warehouse/storage matters, and (b) the county where the Services were performed for Service-specific matters.

Attorneys' fees. Where permitted by law, the prevailing party may recover reasonable attorneys' fees and costs.