Terms & Conditions
TERMS AND CONDITIONS OF SERVICE
MESSOLAR LLC

IMPORTANT NOTICE
These Terms and Conditions ("Terms" or "Agreement") govern all moving, packing, loading, unloading, transportation, and installation services provided by Messolar LLC ("Company," "we," "us," or "our"), a limited liability company organized under the laws of the State of Tennessee, United States of America.
By engaging our services, requesting an estimate, booking a moving date, paying a deposit, or allowing our personnel to perform any service at your property, you ("Customer") acknowledge that you have read, understood, and agreed to be legally bound by all provisions of this Agreement.
If you do not accept these Terms, you must refrain from engaging our services.
1. ACCEPTANCE OF TERMS
1.1. Electronic Acceptance. Engaging the Company's services through any channel —including the website, quotation forms, phone calls, text messages, email, mobile applications, or any other means— constitutes express and binding acceptance of these Terms.
1.2. Acceptance at Time of Service. Likewise, allowing Company personnel to enter the origin or destination premises, or delivering goods for transport, constitutes additional and unequivocal acceptance of these Terms.
1.3. Legal Capacity. The Customer declares that they are of legal age and have full legal capacity to engage the services and to be bound by this Agreement.
2. MODIFICATIONS TO THE TERMS
2.1. The Company reserves the right to modify, update, or replace these Terms at any time, at its sole discretion. Modifications shall take effect upon publication on the Company's official website.
2.2. The version of the Terms in effect shall always be the one published on the website at the time of service engagement. Customers are encouraged to review the Terms periodically.
2.3. Continued use of the Company's services after the publication of modifications constitutes acceptance of the updated Terms.
3. DEFINITIONS
3.1. "Estimate" means the written or electronic cost projection provided by the Company based on the Inventory List and the information supplied by the Customer.
3.2. "Inventory List" means the itemized list of goods to be transported, as provided by the Customer.
3.3. "Bill of Lading" means the contract of carriage executed on the day of service.
3.4. "Foreman" means the lead Company crew member designated to supervise the move on-site.
3.5. "Services" means all moving, packing, loading, unloading, transportation, storage, installation, and related services performed by the Company.
3.6. "Website" means the Company's official website, www.messolarllc.com, and any associated subdomains.
4. SCOPE OF SERVICES
4.1. Long-Distance Moves (Phone and Application Estimates)
The accuracy of the Estimate depends entirely on the accuracy of the Inventory List provided by the Customer. The Estimate is calculated under the assumption that the residence is fully packed and ready to be moved at the scheduled arrival time. Any items added to the move that were not disclosed in the original Inventory List shall result in additional charges, including but not limited to additional labor hours, transportation costs, and materials. The Company reserves the right to revise the Estimate at the time of service to reflect the actual scope of work.
4.2. Local Moves
Local moves are billed on an hourly basis at the rate established in the Estimate. A minimum charge of two (2) hours applies, beginning at the time of the crew's arrival at the Customer's property, or at the Company's office for jobsites located thirty-five (35) miles or more from the office. Telephone estimates are non-binding and are provided solely as a reference based on information supplied by the Customer; they shall not constitute a flat rate or final price. The final cost may vary based on factors including, but not limited to: distance from parking to the property, narrow hallways or doorways, stairs, heavy or bulky items, and additional services such as disassembly or reassembly of furniture, beds, exercise equipment, removal of doors, or dismounting of televisions.
4.3. Travel Time
For jobsites located more than thirty-five (35) miles from the Company's office, the Customer shall be charged for the crew's travel time both to the jobsite and returning to the Company's office upon completion of the job.
5. PAYMENT TERMS
5.1. Accepted Methods of Payment
The Company accepts payment by Visa, MasterCard, Discover, and cash.
5.2. Card Processing Fee
A surcharge of three and one-half percent (3.5%) shall apply to all payments made by debit or credit card.
5.3. Payment Authorization
By confirming payment, the Customer authorizes Messolar LLC to charge the provided payment card for the agreed amount, as well as for any future payments arising under this Agreement, including additional charges incurred during the course of the move.
5.4. Payment Due
Unless otherwise agreed in writing, all charges are due in full upon completion of the Services and prior to unloading at the destination.
5.5. Deposits
A non-refundable deposit may be required to reserve the moving date, in the amount established by the Company at the time of booking. Deposits shall be applied toward the final balance.
5.6. Payment Default
(a) Overdue Charges. In the event that the Customer fails to make full payment for the Services at the time of their due date pursuant to Section 5.4, all amounts owed shall be considered due and immediately payable, without the need for prior demand.
(b) Late Payment Interest. On all overdue amounts, the Customer agrees to pay late payment interest at a rate of one and one-half percent (1.5%) per month, equivalent to an annual rate of eighteen percent (18%), or the maximum rate permitted by the law of the State of Tennessee, whichever is lower. Interest shall accrue daily from the payment due date until the date of full payment, including principal and accrued interest.
(c) Returned Check Fee. In the event that a check issued by the Customer is returned for insufficient funds, closed account, stop payment order, or any other reason, an administrative fee of fifty dollars ($50.00) shall apply, in addition to the amount of the check and any applicable late payment interest.
(d) Improper Chargeback Fee. If the Customer initiates a chargeback to the debit or credit card used for payment, without justified cause or in bad faith, the Customer agrees to pay the Company: (i) the full amount of the chargeback; (ii) an administrative fee of seventy-five dollars ($75.00) for management expenses; (iii) the applicable late payment interest pursuant to subsection (b); and (iv) any additional expenses incurred by the Company to respond to the dispute before the payment processor.
(e) Retention of Goods (Carrier's Lien). In accordance with applicable federal and state laws —including the Tennessee Code Annotated §§ 66-19-101 et seq., as well as Federal Motor Carrier Safety Administration (FMCSA) regulations— the Company reserves the right to retain the Customer's goods as security until full payment of the amounts owed. Storage costs during retention shall be borne by the Customer.
(f) Service Suspension. The Company reserves the right to suspend or discontinue any service in progress, including the unloading of goods, until the Customer makes full payment of the amounts owed up to that point.
5.7. Judicial Collection and Cost Recovery
(a) Legal Action. In the event that the Customer fails to pay the amounts owed, the Company reserves the right to:
(i) Initiate legal actions before the competent courts of Rutherford County, State of Tennessee, or any other applicable jurisdiction; (ii) Engage collection agencies, attorneys, or legal representatives for the recovery of amounts owed; (iii) Report the default to credit reporting agencies and credit bureaus, which may negatively affect the Customer's credit history; (iv) Exercise any other legal remedy available under applicable federal and state laws.
(b) Recovery of Costs and Fees. The Customer expressly agrees that, in the event of any judicial or extrajudicial collection action, they shall be responsible for the full payment of all costs and expenses incurred by the Company, including but not limited to:
(i) Reasonable attorneys' fees, without limitation to a percentage of the amount claimed, calculated in accordance with prevailing professional rates in the market; (ii) Court and procedural costs, including filing fees, service of process costs, deposit expenses, translations, transcripts, and expert witness fees; (iii) Fees and commissions of collection agencies, which may represent up to fifty percent (50%) of the amount recovered; (iv) Investigation costs, asset searches, locating the Customer, address verification, and similar expenses; (v) Arbitration costs, if the dispute is resolved through arbitration pursuant to Section 27; (vi) Judgment enforcement expenses, including garnishments, attachments, and other precautionary measures; (vii) Travel, lodging, and proceedings expenses necessary for collection, when the Customer resides outside Rutherford County.
(c) Interest on Costs. All collection costs and expenses described in subsection (b) above shall accrue late payment interest pursuant to the rate established in Section 5.6(b) from the date the Company pays them until their effective recovery.
(d) Judgment and Enforcement. Any judgment, arbitration award, or resolution issued in favor of the Company shall expressly include: (i) the principal owed; (ii) accrued late payment interest; (iii) collection costs and fees; and (iv) post-judgment interest, until full payment.
(e) Waiver of Defenses. The Customer expressly waives any exception, defense, or argument based on the alleged lack of prior notification, formal demand for payment, or any other formality that could delay or prevent the collection action, to the extent permitted by law.
(f) Credit Bureau Reporting. The Customer acknowledges and accepts that the Company may report any unpaid debt to credit reporting agencies (including Equifax, Experian, and TransUnion), in accordance with the Fair Credit Reporting Act (FCRA) and other applicable regulations, which may negatively affect the Customer's credit rating.
(g) Cumulative Remedies. The remedies established in this section are cumulative and not exclusive. The exercise of one of them does not prevent or limit the exercise of the others. The Company may exercise all remedies available under the law and under this Agreement, either simultaneously or successively.
6. CANCELLATIONS AND RESCHEDULING
6.1. The Customer must provide a minimum of seventy-two (72) hours' advance notice to cancel or reschedule a confirmed move in order to receive a full refund of any deposit paid.
6.2. Cancellations or rescheduling requests made with less than seventy-two (72) hours' notice shall result in forfeiture of the deposit.
6.3. The Company reserves the right to reschedule any move due to weather conditions, equipment failure, or other circumstances beyond its reasonable control, without liability beyond the refund of any deposit if alternative dates cannot be arranged.
7. ADDITIONAL CHARGES
The following circumstances shall result in charges in addition to those reflected in the original Estimate:
(a) Transportation of items not included in the original Inventory List; (b) Additional pickup or delivery locations not previously disclosed; (c) Removal and reinstallation of doors to accommodate the move; (d) Last-minute packing services requested on the day of the move; (e) Long carries, stair carries, or shuttle services not previously disclosed; (f) Waiting time caused by Customer unavailability or unreadiness; and (g) Any service deemed by the Company to be outside the ordinary scope of work.
8. BULKY ITEMS
A "Bulky Item" surcharge shall be applied, in addition to the hourly rate, for the moving of items including but not limited to: pool tables, pianos, riding lawn mowers, safes, gun safes, hot tubs, motorcycles, and similar oversized or specialty items. The Company reserves the right to designate additional items as Bulky Items at its sole discretion.
9. ARRIVAL TIMES
9.1. The Company shall provide the Customer with an estimated arrival window. While the Company makes every reasonable effort to arrive within this window, arrival times are estimates only and are not guaranteed.
9.2. The Customer shall provide a valid telephone number at which the Customer can be reached on the day of the move. The Company shall notify the Customer as soon as reasonably possible of any anticipated delay or early arrival.
10. INCLEMENT WEATHER
10.1. Additional charges may be incurred due to staging difficulties or hazards caused by inclement weather. The Company shall make commercially reasonable efforts to protect the Customer's goods from weather-related damage but makes no warranties or guarantees with respect to weather conditions.
10.2. At the Customer's request and at additional cost, the crew may assist with snow or ice removal at the jobsite.
10.3. In the event of severe weather, including but not limited to snow or ice storms, the Company reserves the right to cancel or postpone the move to prevent bodily injury or equipment damage. Rescheduling shall occur on the first available date following the weather event, subject to Company availability.
11. PROHIBITED ITEMS AND SPECIAL EXCLUSIONS
11.1. Firearms
The Customer is solely responsible for removing all firearms, ammunition, and related materials prior to the move. The Company shall not be liable, responsible, or accountable for any firearms, regardless of circumstances.
11.2. Other Prohibited Items
The Company will not transport hazardous materials, including but not limited to: explosives, flammable liquids and gases, compressed gas cylinders, corrosives, ammunition, illegal substances, perishable food items, live animals or plants, or any item prohibited by federal, state, or local law.
11.3. Items of Extraordinary Value
The Customer shall remove and personally transport items of extraordinary value, including but not limited to: cash, jewelry, precious metals, securities, deeds, wills, important documents, collectibles, and family heirlooms. The Company shall have no liability for the loss or damage of such items.
11.4. Items Containing Fragile, Heavy, or Natural Stone Materials
(a) Release of Liability. The Customer expressly acknowledges and agrees that the Company shall not be liable for any damage, breakage, fracture, cracking, chipping, splintering, or deterioration sustained by items, furniture, or pieces that contain, in whole or in part, the following materials: marble; granite; quartz, quartzite, and engineered stone; travertine, onyx, slate, and other natural stones; tempered glass, crystal, and large or heavy mirrors; concrete or artificial stone; heavy ceramics, large-format porcelain; and any other fragile material of considerable weight.
(b) Rationale. The Customer acknowledges that, due to the inherent physical properties of these materials —including their significant weight, structural fragility, susceptibility to fractures from internal stress, vibration, or temperature changes, and the difficulty of safe handling— there is an unavoidable and considerable risk of damage during any moving process, even when the best professional handling practices are applied.
(c) Types of Pieces Covered. This release applies to, among others: tables, countertops, tops, or surfaces of marble, granite, quartz, or stone; sculptures, statues, columns, and decorative stone pieces; sinks, basins, and bathroom pieces in natural stone; fireplaces, mantels, and architectural stone elements; furniture combining wood or metal structures with stone tops, inserts, or components; dining tables, coffee tables, consoles, and sideboards with natural stone surfaces.
(d) Specialized Services. The Company strongly recommends that the items described in this section be transported by companies specializing in the handling of natural stone or art pieces. If the Customer chooses to have such items transported by the Company, they shall do so at their own risk and assume all associated risks.
(e) Disassembly of Pieces with Stone Components. In the case of furniture combining materials (for example, a table with a wooden base and a marble top), the Customer acknowledges that the disassembly, handling, and reassembly of the stone piece may cause damage to both the stone and the furniture structure. The Company shall not be liable for fractures that manifest during disassembly of the stone piece; damage to the furniture structure during component separation; inability to reassemble the piece due to damage to anchors, adhesives, or original supports; or any damage discovered subsequently and attributable to stresses accumulated during transport.
(f) Exclusion from Valuation Coverage. The items described in this section are expressly excluded from Released Valuation Coverage and from any other coverage offered by the Company, unless the Customer has contracted in writing specific third-party coverage for such items prior to the start of the move.
12. PACKING AND PREPARATION
12.1. Company Packing Services
The Company strongly recommends its professional packing services. The Customer may arrange for a packing crew by contacting a Customer Service Representative. Additional charges shall apply.
12.2. Customer Packing Requirements (Packed By Owner – "PBO")
If the Customer chooses to pack their own belongings ("PBO" – Packed By Owner), they agree to the following:
(a) All items must be packed in proper moving boxes; paper or plastic bags are not acceptable;
(b) All boxes must be sealed with tape on both the top and bottom;
(c) Boxes must be clearly labeled on the top and sides with the destination room, and marked "FRAGILE" where applicable;
(d) All fragile items, including lamps, china, computers, stereos, DVDs, and electronic devices, must be properly packed and protected;
(e) Packing supplies are available for purchase through the Company;
(f) Total Release of Liability for Customer Packing. The Customer expressly acknowledges and agrees that the Company shall not be liable for any damage, breakage, scratch, deterioration, or loss sustained by items contained within boxes, containers, suitcases, bags, or other packaging that have been prepared, filled, sealed, or packed by the Customer or by any third party other than the Company's crew. This release applies regardless of the cause of damage, the quality of packing used, whether the packing material was provided by the Company or acquired by the Customer, whether the items were marked "FRAGILE," or whether the box shows external visible damage at the time of delivery;
(g) Presumption of Inadequate Packing. Any damage discovered inside boxes or packages prepared by the Customer shall be conclusively presumed to be the result of inadequate or insufficient packing, and not as a consequence of handling by the Company. This presumption does not admit evidence to the contrary;
(h) Opening of Boxes. The Company will not open or inspect boxes prepared by the Customer. The Customer is solely responsible for the contents, organization, and internal protection of each box;
(i) External Damage to the Box. In the event that a box prepared by the Customer shows visible and significant external damage attributable to the handling of the Company's crew, such damage must be reported to the Foreman and documented in writing in the Bill of Lading at the time of delivery. Even in this case, the Company's liability shall be limited exclusively to the external damage of the box, without extending to the internal contents thereof.
12.3. Televisions
Plasma, flat-screen, and flat-panel televisions are highly susceptible to damage from temperature fluctuations, vibration, impact, and altitude changes. Such items must be transported in their original packaging or in a properly fitted crate. The Company shall not transport these items without proper crating or packaging. An additional charge shall apply for the preparation and crating of televisions.
(a) Original Packaging. The Customer acknowledges that the manufacturer's original packaging constitutes the only method of transport that guarantees adequate protection of the television. If the Customer does not provide the original packaging, the Company shall not be liable for any damage that the television may sustain during the move, including internal damage, screen failures, electrical damage, or any operational defect, regardless of the alternative packing method used and even when such packing was provided by the Company.
(b) Demonstration of Prior Functioning. To submit any claim for damage to a television, the Customer must demonstrate, at the time of delivery and in the presence of the Foreman, that the television is in full working order. Such demonstration must be made by connecting the television to a power source and verifying the functioning of the screen, audio, and basic functions. If the Customer fails to perform this verification at the time of delivery, it shall be conclusively presumed that any operational failure subsequently alleged was not caused by the move, and the Company shall be released from all liability in this regard.
(c) Visible Damage. Any visible physical damage to the television (scratches, cracks, dents, broken screen) must be reported to the Foreman and documented in writing in the Bill of Lading at the time of delivery. Damages not documented at that time shall not be covered.
12.4. Television Wall Installation and Mounting
(a) Service Upon Request. The Company offers, as an additional service with a separate charge, the installation and mounting of televisions on walls, as well as the dismounting of previously installed televisions. This service is provided only at the express request of the Customer.
(b) Acknowledgment of Inherent Risks. The Customer expressly acknowledges and agrees that the installation or dismounting of televisions on walls involves drilling, anchoring, and structural work that carries inherent and unavoidable risks, including but not limited to: accidental drilling of electrical cables hidden within the wall; accidental drilling of water, drainage, gas, or heating/air conditioning pipes; damage to the wall structure, drywall panels, brick, concrete, wood, or any other construction material; damage to insulation, vapor barriers, or non-visible internal installations; cracks, fissures, or detachments in the wall or surrounding areas; damage to the television during the mounting or dismounting process; failure of the bracket, anchor, or mounting system; and subsequent fall of the television due to the wall's inadequacy to support the weight.
(c) Total Release of Liability. The Customer expressly acknowledges, accepts, and agrees that the Company shall not be liable for any damage, loss, injury, cost, or harm arising from the installation, dismounting, or mounting of televisions, including but not limited to: drilling, cutting, breaking, or damage to hidden electrical cables; drilling, cutting, breaking, or damage to water, drainage, gas, heating, air conditioning, or any other hidden installations; water leaks, flooding, or moisture damage arising from drilled pipes; short circuits, fires, explosions, or electrical damage arising from drilled cables; subsequent growth of mold, fungi, or bacteria arising from leaks not immediately detected; damage to floors, carpets, furniture, appliances, or other goods arising from leaks or short circuits; structural damage to the wall, including cracks, holes, detachments of drywall, brick, or any other material; fall of the television due to anchor detachment, whether immediate or delayed; damage to the television during the mounting or dismounting process, except for evident external physical damage attributable to negligent handling by the crew; claims from landlords, owners, homeowners associations, neighbors, or third parties arising from damage to the property; loss of rental deposits, fines, or charges imposed for wall damage; costs of wall repair, repainting, plumbing or electrical repair; and any consequential, indirect, or derived damage.
(d) Customer Responsibility. The Customer represents and warrants that they know the location of electrical cables, water pipes, gas lines, ventilation ducts, and any other hidden installations within the walls of the premises; have obtained all necessary authorizations from the owner, landlord, manager, or homeowners association to perform drilling on the walls; the selected wall is structurally adequate to support the weight of the television; and the anchors are compatible with the wall type and the weight of the television.
(e) Detection of Hidden Installations. The Company does not perform professional technical studies to detect hidden installations. While personnel may use basic detectors for reference, such detectors do not guarantee the complete identification of all hidden installations. The Customer acknowledges that the only reliable way to identify hidden installations is through specialized professional inspection.
(f) Recommendation of Specialized Personnel. The Company strongly recommends that television wall installation be performed by certified installers or licensed electricians. The Company provides this service as a complementary courtesy but does not employ certified installers.
(g) Right to Refuse. The Company reserves the right to refuse to perform installation on walls that present elevated risks, at the Foreman's discretion.
(h) Dismounting at Origin. The provisions of this section apply equally to the dismounting of previously installed televisions. The Customer acknowledges that dismounting may reveal pre-existing wall damage (holes, cracks, poor repairs) for which the Company shall not be liable.
12.5. General Electronic Items
(a) Functional Verification Prior to the Move. For all electronic items —including computers, laptops, monitors, printers, sound equipment, gaming consoles, appliances, kitchen equipment, power tools, and any other device that operates with electricity or batteries— the Customer must demonstrate to the Company's crew, before the item is loaded or transported, that the item is in full working order.
(b) Failure to Verify. If the Customer fails to perform this verification before the move, it shall be conclusively presumed that the electronic item already had operational failures prior to the move, and the Company shall not be liable for any subsequent claim related to malfunction, electrical failures, internal failures, data loss, or any other operational defect.
(c) Verification After Delivery. To submit any claim for malfunction, the Customer must also demonstrate the failure at the time of delivery and in the presence of the Foreman, documenting the failure in writing in the Bill of Lading.
(d) Visible Physical Damage. The provisions of this section apply exclusively to claims for malfunction. Visible physical damage shall be governed by the general claim procedures.
12.6. Drawer Contents
(a) All drawers of furniture made of pressed wood or particle board must be completely empty before the move;
(b) All desk drawers must be empty;
(c) Standard two-drawer file cabinets may remain packed, provided that the drawers are locked or securely taped shut;
(d) Lateral and fireproof file cabinets must be emptied completely;
(e) Clothing may remain in dresser drawers; however, the Customer must remove all fragile, valuable, or heavy items.
13. DAMAGE TO CUSTOMER'S PROPERTY AND PREMISES
13.1. Release of Liability for Property Damage. The Customer expressly acknowledges and agrees that the Company shall not be liable for any damage, scratch, scrape, dent, stain, mark, wear, or deterioration that may occur to the Customer's property or to third-party property during the course of the move, including but not limited to:
(a) Floors of any type (wood, laminate, vinyl, tile, marble, concrete, carpet, etc.); (b) Walls, corners, moldings, door frames, and window frames; (c) Ceilings, stairs, banisters, and handrails; (d) Doors, handles, hinges, and locks; (e) Patios, driveways, sidewalks, gardens, plants, trees, and outdoor areas; (f) Elevators, common hallways, lobbies, and shared building areas; (g) Plumbing, electrical, gas, or air conditioning installations; (h) Any other surface, structure, or element of the origin or destination premises.
13.2. Damages Inherent to the Move. The Customer understands that certain minor damages are an inherent and foreseeable consequence of the moving process, due to the weight, size, and volume of the goods to be transported, as well as the physical limitations of the spaces involved (narrow doors, tight corners, stairs, etc.). The Customer accepts such risks as an ordinary part of the contracted service.
13.3. Leased or Third-Party Premises. In the event that the Customer is a tenant, lessee, or non-owner of the origin or destination premises, the Customer is solely responsible to the owner, landlord, manager, or homeowners association for any damage that may occur to the premises during the move. The Company shall not respond to third parties, nor reimburse the Customer for claims, withheld deposits, fines, or charges imposed by such third parties.
13.4. Pre-Existing Conditions. Any pre-existing condition of the premises (prior scratches, weak walls, floors in poor condition, loose frames, etc.) shall not be the responsibility of the Company, regardless of whether such conditions were formally documented or not.
13.5. Optional Property Protection. The Company offers, at additional cost, property protection services, including floor covers, corner protectors, wall blankets, and door frame protection. If the Customer declines these services, they expressly assume all risks associated with the lack of protection.
13.6. Restricted Spaces. In the event that the crew must maneuver goods through narrow spaces, complicated stairs, or restricted access areas, and there is a reasonable risk of damage, the Foreman shall inform the Customer. The Customer may choose between authorizing the procedure under their full responsibility or waiving the transport of the item through such route.
13.7. Claim for Damage to Premises. In the event that the Customer considers that specific damage was caused by gross negligence of the crew, such damage must be reported to the Foreman immediately and documented in writing and with photographs in the Bill of Lading, before the crew leaves the premises. Damages not documented at the time shall not be considered or covered.
14. PERSONNEL SAFETY POLICIES
14.1. Personnel Footwear. For reasons of occupational safety, injury prevention, and protection of personnel's feet, Company employees shall keep their work footwear on at all times while on the Customer's property. The Customer may not demand, request, or require Company employees to remove their footwear, walk barefoot, or use footwear other than that provided by the Company.
14.2. Rationale. This policy responds to occupational safety obligations established by the Occupational Safety and Health Administration (OSHA) and the Company's Workers' Compensation insurance policies.
14.3. Shoe Covers. At the Customer's request and when the conditions of the premises permit, employees may use disposable covers over their footwear to protect the floors. However:
(a) Prohibition on Stairs. Employees shall not use shoe covers when going up or down stairs, as such covers significantly reduce traction and increase the risk of slips, falls, and serious injuries, as well as the risk of losing control of the goods being transported;
(b) Prohibition on Slippery Surfaces. Employees may remove covers when walking on wet, polished, waxed, or uneven surfaces;
(c) Release of Liability for Floors. If the Customer requires the use of shoe covers or restricts the use of work footwear, the Company shall be completely released from liability for any floor damage, falling of goods, personnel injuries, or delays arising from such restriction.
14.4. Personnel's Refusal to Work in Unsafe Conditions. Employees have the right to refuse to perform maneuvers they consider unsafe. Personnel's refusal for safety reasons shall not constitute a breach of this Agreement.
14.5. Floor Protection Alternatives. As an alternative to shoe covers, the Company offers, at additional cost, floor protection services through covers, protective rugs, self-adhesive plastic, corrugated cardboard, and other specialized materials.
15. ELEVATORS AND BUILDING REQUIREMENTS
The Customer is solely responsible for contacting building management to reserve and pad the elevator on the day of the move, as well as for confirming any applicable time restrictions, certificates of insurance, or building rules. The Company shall not be liable for delays or additional charges resulting from the Customer's failure to comply with this Section.
16. USE OF VEHICLES NOT PROVIDED BY THE COMPANY
16.1. Load-Only and/or Unload-Only Services. When the Customer engages the Company's services solely to load and/or unload a vehicle, truck, trailer, container, or storage unit not provided by the Company (including rental trucks such as U-Haul, Penske, Budget; Customer's personal vehicles; third-party trucks; PODS containers; or any other vehicle outside the Company), the Customer expressly acknowledges and accepts the following conditions.
16.2. Total Release of Liability. The Company shall not be liable for any damage, loss, deterioration, or impairment suffered by the Customer's goods during:
(a) The transport of goods in a vehicle not provided by the Company; (b) The storage of goods in a unit or container not provided by the Company; (c) The arrangement or stowage of goods within the vehicle, once the Company has completed the loading service; (d) Any accident, collision, rollover, mechanical failure, theft, fire, or any other incident related to the vehicle not provided by the Company; (e) Damages caused by inadequate vehicle conditions, including lack of tie-downs, absence of internal protections, defective suspension, poor ventilation, humidity, or temperature.
16.3. Scope of Limited Liability. The Company's liability under these services is strictly limited to the period during which the goods are physically in the hands of the Company's crew during loading or unloading operations. Once the goods have been placed inside the vehicle not provided by the Company, or have been removed from it and delivered to the Customer, the Company's liability ceases entirely.
16.4. Customer Responsibility. The Customer is solely responsible for providing a vehicle in adequate conditions; ensuring the vehicle has the necessary tie-downs and protective materials; operating or arranging for the driving of the vehicle; obtaining any applicable insurance; and any damage caused by the driving, operation, or condition of the vehicle.
16.5. Excluded Claims. Any claim submitted by the Customer regarding damages occurring during transport in, or as a consequence of the use of, a vehicle not provided by the Company shall be denied definitively.
17. LIABILITY AND VALUATION COVERAGE
17.1. Released Valuation Coverage (Default)
In accordance with federal regulations, the Company provides Released Valuation Coverage at no additional cost on all moves. Under this coverage, the Company's liability is limited to sixty cents ($0.60) per pound, per article, regardless of the actual value of the item. This is not insurance and is not value-based coverage.
17.2. Full Value Protection (Optional)
The Customer may elect to purchase Full Value Protection or third-party moving insurance at additional cost. The Customer must request such coverage in writing prior to the commencement of the move.
17.3. Pre-Move Walk-Through
At the beginning of each move, the Foreman shall conduct a walk-through with the Customer and inform them of available wrapping and packing options. If the Customer declines the Company's protective services, the Company shall not be liable for any damage resulting from such refusal.
17.4. General Scope of Liability
The Company's liability is limited to items within its immediate care, custody, and control. Without limiting the foregoing, the Company shall not be liable for damages arising from:
(a) Loading or unloading of vehicles, trailers, or storage units not provided by the Company; (b) Items contained within boxes, packages, or containers packed by the Customer (PBO), pursuant to Section 12.2; (c) Mechanical, electrical, or operational failures of appliances or electronic devices when no external visible damage exists; (d) Items of extraordinary value not declared in writing prior to the move; (e) Damages caused by acts of God, weather conditions, or other circumstances beyond the Company's reasonable control; (f) Pre-existing damage or defects; and (g) Normal wear and tear.
17.5. Pressed Wood and Particle Board Furniture
Furniture made of pressed wood, particle board, or similar engineered materials is inherently fragile and is excluded from coverage. The Company shall not disassemble or reassemble such furniture. Should the Customer choose to disassemble such furniture prior to the move, the Company shall transport the disassembled pieces but shall not reassemble them at the destination.
17.6. Appliances and Devices with Water, Gas, or Electrical Connections
(a) General Policy. As a general rule, the Company does not perform the disconnection or reconnection of appliances or devices that require connection to water, gas, drainage, ventilation, or electrical lines, including but not limited to: refrigerators with water dispensers or ice makers; washers and dryers; dishwashers; stoves, ovens, and ranges (electric or gas); built-in microwaves; water heaters; garbage disposals; water filtration or purification systems; window or portable air conditioners.
(b) Customer Responsibility. The Customer is solely responsible for disconnecting all appliances before the crew's arrival; closing the water, gas, and/or electrical circuit valves; completely draining hoses and water lines; securing washer drums with the original transport bolts; disconnecting and properly packing cables, hoses, and connections; and engaging specialized technicians, plumbers, or certified electricians for prior disconnection and subsequent reconnection.
(c) Recommendation of Certified Personnel. The Company strongly recommends that all disconnection and reconnection be performed by licensed technicians. The Company does not employ certified technicians for these purposes.
(d) Release of Liability if the Company Performs Disconnection or Reconnection. In the event that, at the express request of the Customer and as a courtesy, the Company's personnel performs the disconnection or reconnection of any appliance, the Customer expressly acknowledges and accepts that such service is provided without any warranty and under the entire and exclusive responsibility of the Customer, and the Company shall not be liable for any damage, including: water leaks, flooding, or moisture damage; damage to floors, walls, ceilings, cabinets, carpets, or other elements of the premises; damage to the appliance itself; damage to personal property caused by leaks or failures; gas leaks, explosions, or fires; short circuits, electrical overloads, or damage to the premises' wiring; malfunction of the appliance after reconnection; growth of mold, fungi, or bacteria; claims from landlords or third parties; and any consequential or derived damage.
(e) Specific Restrictions. The Company shall not install, replace, or modify electrical cords of dryers, including conversions between 3-prong and 4-prong connectors. The Company shall not under any circumstances handle natural gas or propane lines, connections, or valves. The Company shall not remove refrigerator doors containing active water lines, active electrical connections, or integrated electronic components whose removal requires disconnection of internal wiring. The Company shall not provide, install, or replace water supply hoses or lines.
(f) Refrigerator Rest Time. The Customer acknowledges that, in accordance with manufacturers' recommendations, refrigerators and freezers must remain in an upright position and unplugged for a minimum period of four (4) to twenty-four (24) hours after the move before being reconnected. The Company shall not be liable for damage to the compressor or other components arising from non-compliance with this recommendation.
(g) Door Removal for the Transport of Refrigerators and Large Appliances.
(i) Service with Additional Charge. In the event that, due to the dimensions of the refrigerator, freezer, washer, dryer, or any other large appliance, it becomes necessary to remove doors to allow passage through hallways, door frames, stairs, or property access points —whether removing the doors of the appliance itself or the doors of the property (room doors, main doors, kitchen doors, sliding doors, etc.)— the Customer acknowledges and accepts that an additional charge shall apply to the rate established in the Estimate, in accordance with the Company's prevailing rates at the time of service.
(ii) Customer Authorization. Before proceeding with the removal of any door, the Foreman shall inform the Customer of the need for such procedure and the corresponding additional charge. The Customer may choose between (1) authorizing the removal of the doors under the terms of this section; or (2) waiving the transport of the appliance, releasing the Company from any obligation to move it, with no right to reimbursement for the time invested up to that point.
(iii) Release of Liability for the Appliance. By authorizing the removal of doors for the transport of an appliance, the Customer expressly acknowledges and accepts that the Company shall not be liable for: the proper functioning of the appliance after the move; mechanical, electrical, or refrigeration failures that manifest after the move; loss of tightness of doors, problems with seals, gaskets, or hinges; damage to internal refrigerant gas lines, compressors, motors, or electrical components arising from transport or vibrations of the move; failures in water dispensers, ice makers, electronic panels, or digital controls; any loss of energy efficiency, abnormal noises, vibrations, water leaks, or any other operational defect after the move; cosmetic damage to the appliance doors during the removal or reinstallation process, including scratches, dents, damage to handles, gaskets, magnetic seals, decorative panels, or finishes; and inability to reinstall the doors in their original position with the same precision, alignment, or sealing they had before disassembly.
(iv) Release of Liability for Property Doors. If the removal involves doors, frames, hinges, or locks of the premises, the Company shall not be liable for: damage to doors, hinges, screws, frames, or locks during the removal or reinstallation process; scratches, holes, marks, or wear on walls, frames, or floors arising from door removal; inability to reinstall doors with the same fit, alignment, or original seal; damage to doors made of delicate materials (glass, fine wood, antique doors, carved doors, doors with stained glass, etc.); and damage to electrical systems of automatic doors, doors with smart locks, sensors, or any other integrated electronic components.
(v) Recommendation of Specialized Personnel. The Company strongly recommends that the removal and reinstallation of appliance doors with complex components be performed by manufacturer-certified technicians. The Company provides this service as an operational courtesy but does not employ certified technicians specialized in specific brands or models.
(vi) Additional Time. The Customer acknowledges that the removal and reinstallation of doors generates additional work time, which shall be billed in accordance with the Company's prevailing hourly rate, in addition to the specific additional charge for the door removal service.
(vii) Waiver of Claims. By authorizing the removal of any door pursuant to this section, the Customer expressly, voluntarily, and irrevocably waives any claim, demand, or legal action against the Company arising from the operational state of the appliance or the state of the property doors after the service.
18. CLAIMS FOR DAMAGE
18.1. The Customer must inspect all items at the time of delivery and immediately notify the Foreman of any visible damage. Any damage not recorded in the Bill of Lading at the time of delivery shall be presumed not to have occurred during the move.
18.2. All claims for loss or damage must be submitted in writing to the Company within nine (9) months of the delivery date. Claims submitted after this period shall be denied.
18.3. Claims must be addressed to the email address and mailing address indicated in Section 29 (Contact Information) of this Agreement.
18.4. The Company shall acknowledge receipt of the claim within thirty (30) days and shall pay, deny, or make a settlement offer within one hundred twenty (120) days of receipt.
18.5. Payment of any claim is conditional upon the Customer's full payment of all charges owed.
19. RELEASE OF LIABILITY
In certain circumstances, it may not be possible to place items in the Customer's preferred location without risk of damage to the items or the premises. In such cases, the Foreman shall present the Customer with a Release of Liability form. The Customer's acceptance or request to proceed constitutes acceptance of all responsibility for any resulting damage.
20. RIGHT TO REFUSE SERVICE
The Company reserves the right, at its sole discretion, to refuse or terminate service under any conditions it considers dangerous, unsanitary, abusive, or otherwise unsuitable. In such cases, the Customer shall remain responsible for payment of all services rendered up to the point of termination, with no right to reimbursement of amounts already paid.
21. GRATUITIES
Gratuities for the moving and packing crew are not included in the cost of services and are at the sole discretion of the Customer. Gratuities are appreciated but never required.
22. INDEMNIFICATION
The Customer agrees to indemnify, defend, and hold harmless the Company, its officers, employees, agents, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) the Customer's breach of this Agreement; (b) inaccurate or incomplete information provided by the Customer; (c) the presence of prohibited items in the shipment; or (d) the Customer's negligence or willful misconduct.
23. LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall the Company be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, loss of use, emotional distress, or lost earnings, arising out of or in connection with the Services, regardless of the legal theory under which such damages are sought.
24. FORCE MAJEURE
The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil disturbance, government action, labor disputes, pandemic, fuel shortages, traffic accidents, or mechanical failure.
25. PRIVACY AND DATA PROTECTION
25.1. The Company collects, uses, and stores the Customer's personal information in accordance with its Privacy Policy, available on the Website.
25.2. By engaging the services, the Customer consents to the processing of their personal data for service provision, billing, operational communications, and compliance with legal obligations.
25.3. The Company shall not sell or share the Customer's personal information with third parties without authorization, except when necessary for service provision or as required by law.
26. WEBSITE USE
26.1. Intellectual Property. All Website content, including text, images, logos, graphics, and design, is the exclusive property of the Company and is protected by applicable intellectual property laws. Reproduction, distribution, or modification without express authorization is prohibited.
26.2. Permitted Use. The Customer may use the Website only for lawful purposes related to engaging the Company's services.
26.3. Availability. The Company does not guarantee the uninterrupted availability of the Website and reserves the right to modify, suspend, or discontinue the Website at any time.
27. GOVERNING LAW AND DISPUTE RESOLUTION
27.1. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of laws principles.
27.2. Any dispute arising out of or relating to this Agreement shall first be addressed through good-faith negotiation between the parties. Should such negotiation fail, the dispute shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with venue in Rutherford County, State of Tennessee.
27.3. The Customer waives any right to participate in a class action lawsuit against the Company.
27.4. The losing party in any arbitration or litigation arising from this Agreement shall be responsible for payment of the prevailing party's reasonable attorneys' fees and court costs.
28. ENTIRE AGREEMENT AND SEVERABILITY
28.1. Entire Agreement. This Agreement, together with the signed Estimate and Bill of Lading, constitutes the entire agreement between the parties with respect to the Services and supersedes all prior negotiations, representations, and agreements, whether written or oral.
28.2. Severability. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from this Agreement, and the remaining provisions shall continue in full force and effect.
28.3. No Waiver. The Company's failure to apply or exercise any right provided in this Agreement shall not constitute a waiver of such right.
28.4. Assignment. The Customer may not assign the rights or obligations arising from this Agreement without the prior written consent of the Company. The Company may freely assign its rights and obligations.
29. CONTACT INFORMATION
For questions, claims, or any communication related to these Terms, you may contact the Company through:
Messolar LLC
Address: 115 Threet Industrial Rd., Unit 56 Smyrna, TN 37167 Rutherford County, State of Tennessee
Phone: (866) 541-8767
Email: [email protected]
Website: www.messolarllc.com
Hours of Operation: Monday through Sunday, 8:00 AM to 6:00 PM
30. FINAL ACKNOWLEDGMENT
By engaging the services of Messolar LLC, the Customer expressly acknowledges and declares that:
(a) They have read and understood these Terms and Conditions in their entirety; (b) They freely, voluntarily, and knowingly accept all provisions contained in this Agreement; (c) They understand that multiple clauses in this Agreement limit or exclude the Company's liability; (d) They have had a reasonable opportunity to consult with a legal advisor of their choice before engaging the services; (e) The releases, limitations, and waivers contained in this Agreement are reasonable and fair considering the nature of the services provided.
