Proxy Global, LLC d/b/a GM Machinery Movers
Standard Terms and Conditions
Governing Law: Texas | Venue: Harris County, Texas
Last Updated: September 15, 2025
NOTICE TO CUSTOMER
- ALL CLAIMS MUST BE SUBMITTED IN WRITING WITHIN FIFTEEN (15) DAYS OF DELIVERY OR REMOVAL OF GOODS.
- NO LEGAL ACTION MAY BE BROUGHT UNLESS COMMENCED WITHIN NINETY (90) DAYS OF DELIVERY OR REMOVAL, WHICHEVER OCCURS EARLIER.
- CONTRACTOR’S LIABILITY IS STRICTLY LIMITED AS SET FORTH HEREIN.
- CUSTOMER ASSUMES FULL RESPONSIBILITY FOR ALL RISKS ASSOCIATED WITH THE WORK, INCLUDING BUT NOT LIMITED TO SITE CONDITIONS, GOODS STABILIZATION, AND COMPLIANCE WITH APPLICABLE LAWS.
- General Terms
Quotations. Valid for thirty (30) days, in U.S. DOLLARS, subject to Contractor’s written acceptance. Quotations are conditional upon satisfactory arrangements for PAYMENT AND/OR SECURITY and subject to availability of equipment, personnel, and resources.
Payment. Net 30 days. Overdue balances accrue 1.5% MONTHLY INTEREST (18% ANNUAL). Credit card payments incur a 3% fee. Customer is responsible for all collection costs, including ATTORNEY’S FEES AND COURT COSTS.
Scope. Contractor’s obligation is limited to the written Proposal. Any additional work or changes due to variances in weights, dimensions, or site conditions provided by Customer is billed at TIME & MATERIAL RATES. THIS INCLUDES ANY DEMURRAGE CHARGES THROUGH NO FAULT OF CONTRACTOR.
Delays. Contractor is not liable for any DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES caused by delays, including but not limited to fire, strikes, weather, labor disputes, procurement issues, governmental regulations, accidents, transportation delays, or any cause beyond Contractor’s control.
Customer Delays. Any delay caused by Customer, its employees, agents, or other contractors is billable at TIME & MATERIAL RATES FOR LABOR AND EQUIPMENT.
Limitation of Liability. CONTRACTOR’S TOTAL LIABILITY FOR LOSS OR DAMAGE TO CUSTOMER’S PROPERTY (REAL OR PERSONAL), WHETHER CAUSED BY NEGLIGENT OR NON-NEGLIGENT ACTS, ERRORS, OR OMISSIONS, IS LIMITED TO THE LESSER OF CUSTOMER’S ACTUAL DAMAGES OR ONE MILLION DOLLARS ($1,000,000). CONTRACTOR SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF USE, LOST PROFITS, OR ENVIRONMENTAL HAZARDS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. THESE LIMITATIONS SURVIVE COMPLETION OR TERMINATION.
Equipment Condition. IF CONTRACTOR DOES NOT WITNESS AND RECORD PRE-REMOVAL PERFORMANCE/ACCURACY OF EQUIPMENT, CONTRACTOR CANNOT GUARANTEE TOLERANCES, FUNCTIONALITY, OR ACCURACY AFTER REINSTALLATION AND SHALL NOT BE LIABLE FOR ANY CHANGES IN BASELINE PERFORMANCE.
Insurance. CUSTOMER SHALL, AT ITS SOLE COST, MAINTAIN LIABILITY INSURANCE NAMING CONTRACTOR AS AN ADDITIONAL INSURED, PRIMARY AND NON-CONTRIBUTORY, WITH WAIVER OF SUBROGATION, IN AMOUNTS NOT LESS THAN $1,000,000 PER OCCURRENCE. CUSTOMER SHALL ALSO FULLY INSURE ITS GOODS AND EQUIPMENT AGAINST ALL RISKS, INCLUDING LOSS OF USE, ON A PRIMARY AND NON-CONTRIBUTORY BASIS WITH WAIVER OF SUBROGATION. PROOF OF INSURANCE MUST BE PROVIDED BEFORE WORK BEGINS. GOODS ARE NOT INSURED BY CONTRACTOR.
Additional Insurance at Customer Request. Upon written request signed by an authorized representative at least ten (10) days before commencement, and at Customer’s sole cost, Contractor may attempt to procure additional insurance equal to the Declared Value. ANY SUCH INSURANCE WILL NOT EXTEND TO CONSEQUENTIAL DAMAGES, LOSS OF USE, ENVIRONMENTAL LOSS, OR HAZARDOUS MATERIALS UNLESS EXPRESSLY ENDORSED, AND WILL NOT ALTER LIABILITY LIMITS EXCEPT TO THE EXTENT OF COVERAGE ACTUALLY OBTAINED.
Access. Customer must provide free, clear, safe, and sufficient access to all work areas, including removal of obstacles and utilities as required by Contractor. Customer shall provide ample room, suitable ground conditions, and adequate staging areas. Time spent by Contractor to clear areas or gain access will be billed at Time & Material rates.
Surfaces. CUSTOMER IS RESPONSIBLE FOR VERIFYING AND CONFIRMING LOAD-BEARING CAPACITY OF ALL SURFACES, SUB-SURFACES, AND STRUCTURES. ANY DAMAGE CAUSED BY INADEQUATE CAPACITY IS SOLELY CUSTOMER’S RESPONSIBILITY.
Taxes/Third-Party Charges. Customer is responsible for all federal, state, municipal taxes, licenses, permits, or fees. THIRD-PARTY CHARGES PAID BY CONTRACTOR WILL BE BILLED AT COST PLUS CONTRACTOR’S MARKUP.
Fuel Adjustment. Quotes are based on the U.S. DOE Gulf Coast Diesel Index. An increase of $0.05/gallon or more from quote date triggers a price adjustment.
Overtime/Standby. Contractor’s bid assumes straight-time hours, except where dictated by tidal conditions, DOT restrictions, or similar factors. Work outside normal hours, weekends, or holidays is billed at overtime rates. STANDBY, DETENTION, LAYOVER, OR DEMURRAGE NOT CAUSED BY CONTRACTOR IS CUSTOMER’S RESPONSIBILITY.
Indemnity. CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CONTRACTOR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, AFFILIATES, AND INSURERS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, FINES, PENALTIES, LOSSES, ENVIRONMENTAL COSTS, CLEANUP COSTS, AND EXPENSES (INCLUDING ATTORNEY’S FEES), WHETHER ASSERTED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, QUANTUM MERUIT, OR OTHERWISE, INCLUDING CLAIMS BY THIRD PARTIES OR INSURERS THROUGH SUBROGATION OR ASSIGNMENT, ARISING OUT OF OR RELATING TO CUSTOMER’S GOODS, SITE CONDITIONS, FAILURE TO COMPLY WITH LAWS, FAILURE TO PROVIDE ACCURATE INFORMATION, OR ANY CLAIMS EXCEEDING CONTRACTOR’S LIABILITY LIMITS. THIS INDEMNITY SURVIVES COMPLETION, STORAGE, TERMINATION, OR EXPIRATION AND IS ENFORCEABLE TO THE FULLEST EXTENT PERMITTED BY TEXAS LAW.
Excess of Insurance Waiver. CUSTOMER WAIVES ANY RIGHT OF RECOVERY AGAINST CONTRACTOR FOR AMOUNTS EXCEEDING AVAILABLE INSURANCE AND SHALL INDEMNIFY CONTRACTOR FOR ANY EXCESS EXPOSURE OR CLAIMS BY INSURERS.
Equipment and Manpower Availability. Scheduling and pricing are subject to availability of equipment, personnel, and resources.
Weights, Dimensions, and Site Variances. Pricing is based on Customer-provided weights, dimensions, site conditions, and scope. PRICING MAY BE ADJUSTED IF ACTUAL CONDITIONS VARY.
Permits and Route Approvals. All permits, escorts, surveys, route clearances, and approvals are CUSTOMER’S RESPONSIBILITY AND NOT GUARANTEED BY CONTRACTOR. CONTRACTOR IS NOT LIABLE FOR DENIAL, REVOCATION, DELAY, OR ASSOCIATED COSTS.
Assumptions and Contingencies. Estimates are based on: site unseen conditions; adequate weather; weights and dimensions provided; pending route survey; route clearance and permit approval; current highway restrictions. ANY CHANGES MAY AFFECT SCHEDULE, COST, OR FEASIBILITY.
Exclusions. Unless expressly included in the Proposal, the following are Customer’s sole responsibility: DOT/State Patrol weighing and measuring charges (including agency labor); access to work areas and staging; security; civil work; ground preparation; ocean freight, barge, rail, or port costs; site clearance or badging; bridge/structural analysis; utility line lifting/removal; electrical work; hazardous materials; foundations and anchors; handling of items not in scope; modifications; overtime and differential labor; additional insurance; taxes; permits.
- Brokered Loads
Contractor may act solely as a broker between Customer and Carrier. Contractor ensures carriers are properly licensed and bonded.
Customer warrants compliance with all laws, including customs/import/export requirements. Customer agrees to furnish necessary documents (e.g., BOL). CONTRACTOR ASSUMES NO LIABILITY FOR LOSS OR EXPENSE FROM CUSTOMER’S NON-COMPLIANCE; CUSTOMER SHALL INDEMNIFY CONTRACTOR FOR ANY CLAIMS, PENALTIES, OR DAMAGES, INCLUDING ATTORNEY’S FEES.
Rates are based on equipment type, mileage, weight, and commodity. Transit times are estimates only.
CUSTOMER’S SOLE RECOURSE FOR DAMAGE TO GOODS IN TRANSIT IS AGAINST THE CARRIER’S INSURANCE. TIMELY PAYMENT IS A CONDITION PRECEDENT TO ANY CLAIM. CONTRACTOR’S ASSISTANCE IS A COURTESY ONLY.
CLAIMS MUST BE FILED IN WRITING WITHIN FIFTEEN (15) DAYS OF DELIVERY. NO LEGAL ACTION MAY BE BROUGHT UNLESS COMMENCED WITHIN NINETY (90) DAYS.
III. Storage
Tender. Goods must be delivered properly packed and marked with manifest. CUSTOMER IS SOLELY RESPONSIBLE FOR STABILIZING AND SECURING GOODS BEFORE DEPOSIT.
Storage Charges. Storage is month-to-month. Minimum $100. Charges by square footage PLUS 20% AISLE SPACE. Storage after the 1st invoices to the 15th; after the 15th to month-end. LATE OR UNPAID CHARGES ACCRUE 1.5% MONTHLY INTEREST.
Handling. Handling charge covers ordinary labor to receive/place/return goods. Extra labor for unloading or damaged goods billed separately. Contractor not responsible for demurrage unless due to failure to exercise due care.
Transfers/Removal. Transfers effective only upon Contractor’s acceptance. Contractor may move goods between warehouses at its expense or require removal with thirty (30) days’ notice (or less if hazardous). NOTICE IS EFFECTIVE UPON DELIVERY, CONFIRMED EMAIL, CERTIFIED MAIL, OR POSTING ON CONTRACTOR’S WEBSITE.
Delivery. No release without signed instructions. Telephone instructions accepted at Customer’s risk. Negotiable receipts require surrender or court order if lost. Contractor given reasonable time to execute instructions; storage charges continue if delays are beyond Contractor’s control.
Extra Services. Extra labor or clerical (e.g., reports, stock checks, billing) billed at COST PLUS CONTRACTOR’S MARKUP. Dunnage, bracing, packing, or special supplies billed at cost plus markup.
Liability. CONTRACTOR’S LIABILITY FOR LOSS OR DAMAGE TO GOODS IN STORAGE IS LIMITED TO THE LESSER OF: (I) COST OF REPAIR OR REPLACEMENT, (II) ONE HUNDRED THOUSAND DOLLARS ($100,000), OR (III) ACTUAL STORAGE CHARGES. CONTRACTOR SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. GOODS ARE STORED AT CUSTOMER’S RISK FOR ACTS OF GOD, SEIZURE, RIOTS, STRIKES, INADEQUATE PACKAGING, TEMPERATURE/HUMIDITY, OR CAUSES BEYOND CONTRACTOR’S CONTROL. GOODS ARE NOT INSURED BY CONTRACTOR.
Deadlines. CLAIMS MUST BE SUBMITTED WITHIN FIFTEEN (15) DAYS. NO LEGAL ACTION MAY BE BROUGHT UNLESS COMMENCED WITHIN NINETY (90) DAYS. FAILURE TO MEET DEADLINES COMPLETELY BARS ANY CLAIM.
Insurance. CUSTOMER MUST INSURE GOODS AT FULL REPLACEMENT VALUE, NAME CONTRACTOR AS ADDITIONAL INSURED, MAKE COVERAGE PRIMARY AND NON-CONTRIBUTORY, AND INCLUDE WAIVER OF SUBROGATION. CUSTOMER WAIVES RECOVERY BEYOND INSURANCE. GOODS ARE NOT INSURED BY CONTRACTOR.
Indemnity. CUSTOMER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS CONTRACTOR FROM CLAIMS, LOSSES, ENVIRONMENTAL COSTS, PROPERTY DAMAGE, PERSONAL INJURY, DEATH, OR THIRD-PARTY CLAIMS. THIS INDEMNITY SURVIVES TERMINATION.
- Governing Law & Venue
THESE TERMS ARE GOVERNED EXCLUSIVELY BY TEXAS LAW. VENUE IS HARRIS COUNTY, TEXAS.
- Notices
Proxy Global, LLC d/b/a GM Machinery Movers
1335 Boyles St. • Houston, Texas 77020
Email: GMoreno@GM-MachineryMovers.com
NOTICES ARE EFFECTIVE UPON PERSONAL DELIVERY, CERTIFIED MAIL, CONFIRMED EMAIL, OR POSTING ON CONTRACTOR’S WEBSITE.
- Amendments
CONTRACTOR MAY AMEND THESE TERMS AT ANY TIME. AMENDMENTS ARE EFFECTIVE UPON WRITTEN NOTICE (INCLUDING EMAIL) OR POSTING ON CONTRACTOR’S WEBSITE. CONTINUED USE OF SERVICES CONSTITUTES ACCEPTANCE.
Acknowledgment
BY ACCEPTING CONTRACTOR’S PROPOSAL, AUTHORIZING WORK, OR TENDERING GOODS, CUSTOMER AGREES TO THESE TERMS IN FULL, INCLUDING ALL LIMITATIONS, INDEMNITIES, AND WAIVERS.
