Terms of services

These Terms & Conditions (“Terms”) govern the relationship between Mobile Delivery Services LLC (“MDS,” “we,” “us,” or “our”) and any customer (“Customer,” “you,” or “your”) who requests, schedules, books, or uses services provided by MDS.By requesting, accepting, scheduling, booking, or using MDS services, you acknowledge that you have read, understood, and agreed to these Terms and the applicable MDS Service Policy.These Terms apply to delivery, transportation, logistics, moving assistance, labor-only services, and other services offered by MDS.

SERVICE REQUESTS

Customers may request services through the MDS website, telephone, email, text message, or other communication channels made available by MDS.Customers are responsible for providing accurate and complete information necessary for MDS to evaluate and perform the requested service.Information may include:Pickup and delivery locationsContact informationRequested date and timeItem or shipment informationQuantity and size of itemsSpecial handling requirementsAccess conditionsRecipient informationAdditional stops or servicesAny other information reasonably necessary to perform the requested serviceMDS may rely on information provided by the Customer when determining availability, pricing, routing, equipment, labor requirements, and service conditions.

SERVICE ACCEPTANCE AND CONFIRMATION

A service request is not automatically a confirmed booking.Services are subject to MDS availability, scheduling, vehicle availability, staffing, route requirements, service conditions, and acceptance by MDS.A service becomes confirmed when MDS accepts the request and provides confirmation of the agreed service.MDS reserves the right to decline a service request when the requested service cannot reasonably be accommodated or when safety, legal, operational, scheduling, or other legitimate business considerations prevent MDS from accepting the request.

SERVICES PROVIDED BY MDS

MDS provides delivery and logistics solutions for residential and commercial customers.Services may include:Same-day deliveryScheduled deliveryResidential deliveryCommercial deliveryRetail and e-commerce fulfillmentWarehouse transfersSmall-package deliveryBulky-item deliveryPalletized shipmentsDelivery coordination and logistics supportLabor-only moving assistanceLoading and unloading assistanceOther delivery or logistics services agreed upon by MDS and the CustomerService availability depends on the requested location, date, time, service requirements, vehicle availability, staffing, and operational conditions.MDS primarily serves New Jersey and surrounding regional markets, including New York, Pennsylvania, Connecticut, and Delaware. Coverage may vary depending on the requested service.This service description does not require MDS to accept every requested service or shipment.

QUOTES AND PRICING

MDS prices each service based on the circumstances and requirements of the individual request.Factors that may affect pricing include:DistanceTravel requirementsTime requiredService typeItem size and quantityLabor requirementsNumber of personnel requiredAccess conditionsNumber of stopsSpecial handling requirementsScheduling requirementsAfter-hours serviceAdditional services or changes requested by the CustomerOther operational requirements associated with the requested serviceMDS does not currently apply a universal minimum charge to every service. Each request may be evaluated and priced independently.A quote is based on the information available to MDS at the time the quote is prepared. Changes to the service request or conditions encountered during service may result in a revised price.Unless otherwise agreed in writing, applicable operating, travel, routing, toll, and order-related costs may be incorporated into the quoted service price.

AFTER-HOURS SERVICE

After-hours service may be available depending on operational capacity and scheduling.When MDS accepts an after-hours request, an after-hours adjustment may apply to the applicable service rate.The after-hours adjustment may range from 5% to 20% depending on the timing and circumstances of the requested service.Any applicable after-hours pricing will be communicated as part of the quote or service agreement.

WAIT TIME

MDS includes a total of 15 minutes of complimentary wait time per service, combined across the pickup and delivery locations.The 15-minute allowance is not 15 minutes at each location.Once the included wait time has been used, additional charges may apply when the Customer, recipient, pickup location, delivery location, or other service condition requires the MDS driver or personnel to remain on-site.Wait time may result from circumstances including:Customer or recipient unavailabilityItems not being readyLoading or unloading delaysRestricted accessBuilding or facility delaysIncorrect or incomplete instructionsOther conditions requiring MDS personnel to remain on-siteApplicable additional charges will depend on the circumstances of the service.

ADDITIONAL SERVICES AND CHANGES

Changes made after a service has been quoted or confirmed may affect the price, schedule, availability, or ability of MDS to complete the service.Additional charges may apply when the Customer requests or requires:Additional itemsAdditional stopsAdditional laborAdditional personnelChanges to pickup or delivery locationsChanges to the requested serviceReturns or redeliverySpecial handlingExtended wait timeDifficult or restricted accessOther services or conditions not included in the original requestMDS will make reasonable efforts to communicate material changes in pricing or service requirements when they become known.

CUSTOMER RESPONSIBILITIES

Customers are responsible for:Providing accurate informationProperly packaging and securing itemsHaving items ready at the agreed pickup timeDisclosing fragile, oversized, unusually heavy, valuable, or special-handling itemsProviding accurate access instructionsProviding safe and reasonable accessProviding complete and current contact informationEnsuring the recipient is available when requiredObtaining any necessary permission for MDS personnel to access a property or facilityCommunicating any known restrictions that could affect the serviceMDS is entitled to rely on information provided by the Customer.Failure to provide accurate or complete information may result in additional charges, delays, rescheduling, refusal of service, or inability to complete the requested service.

PROHIBITED AND RESTRICTED ITEMS

MDS does not knowingly accept or transport:Illegal items or substancesUnsafe itemsProhibited itemsRegulated hazardous materials requiring permits or specialized handlingUnsecured items that cannot reasonably be transported safelyPerishable items unless specifically agreed upon in advanceCustomers are responsible for informing MDS about any item that may require special handling or present a safety, legal, regulatory, or operational concern.MDS may refuse, suspend, or discontinue service when an item or circumstance creates a safety, legal, regulatory, or operational concern.

PACKAGING AND ITEM CONDITION

MDS does not routinely inspect the internal contents of packages, boxes, containers, or shipments.The Customer is responsible for properly packaging, securing, labeling, and preparing items before pickup.Customers should notify MDS before service of any item that is:FragileOversizedUnusually heavyValuableEasily damagedRequiring special handlingRequiring special equipment or additional personnelMDS is not responsible for damage resulting from inadequate packaging, improper securing, undisclosed conditions, or conditions outside MDS’s reasonable control.

DELIVERY, PROOF OF DELIVERY, AND COMPLETION

Delivery times are estimates unless MDS expressly agrees otherwise in writing.Delivery timing may be affected by traffic, weather, road conditions, access conditions, recipient availability, operational conditions, routing, delays at pickup or delivery locations, or other circumstances.MDS may confirm completion through:Customer or recipient signaturePhotographDriver confirmationElectronic confirmationOther reasonable proof of completionOnce the requested service has been completed and appropriately confirmed, the service will be considered completed.

FAILED DELIVERIES AND RETURNS

A delivery may be considered unsuccessful when:The recipient is unavailableThe delivery is refusedNo safe delivery location is availablePickup or delivery information is inaccurate or incompleteAccess is unavailable or unsafeThe items are not readyConditions prevent safe completionOther circumstances prevent MDS from reasonably completing the requested serviceA return, redelivery, or additional delivery attempt is considered a new service and may result in additional charges.Failed deliveries are not automatically eligible for a full refund.

CANCELLATION

Cancellation charges may depend on the stage at which the service is cancelled.

Before Assignment

No cancellation fee generally applies before the service has been assigned.

After Assignment

A partial cancellation charge may apply after personnel, equipment, or resources have been assigned to the service.

After Dispatch

A dispatch-related charge may apply once MDS personnel have been dispatched.

After Pickup

Once items have been picked up, the service is generally non-cancellable.Same-day cancellations after dispatch may incur applicable charges.Scheduled services cancelled within 24 hours of the scheduled service may also incur applicable charges.Any applicable cancellation charge will depend on the circumstances and stage of the service.

RESCHEDULING

Rescheduling requests are subject to MDS availability.MDS will make reasonable efforts to accommodate requested changes, but a new date or time is not guaranteed until confirmed by MDS.Rescheduling may affect pricing, availability, staffing, routing, or other service conditions.No-shows and wait time may result in additional charges.

DELAYS AND CIRCUMSTANCES BEYOND MDS’S CONTROL

MDS will make reasonable efforts to perform services within the agreed or estimated service window.MDS is not responsible for delays caused by circumstances outside its reasonable control, including:TrafficWeatherRoad conditionsAccidents or road closuresIncorrect or incomplete informationRecipient unavailabilityAccess problemsDelays at pickup or delivery locationsFacility restrictionsUnexpected operational conditionsOther circumstances beyond MDS’s reasonable controlA delay does not automatically constitute a failure to provide service.

LIMITATION OF LIABILITY

MDS will exercise reasonable care in handling customer items while those items are within MDS’s possession or control.Customers remain responsible for proper packaging, preparation, labeling, and securing of their items.To the extent permitted by applicable law, MDS is not responsible for loss or damage resulting from:Improper packagingImproper securingUndisclosed conditionsInaccurate informationUnsafe access conditionsActs or circumstances beyond MDS’s reasonable controlConditions inherent to the item or shipmentTo the extent permitted by applicable law, MDS’s liability arising from a service is limited to the amount paid for the specific service giving rise to the claim.Nothing in these Terms is intended to waive or limit any right or protection that cannot legally be waived or limited under applicable law.

SERVICE ISSUES AND CLAIMS

Customers should notify MDS of any service-related concern as soon as reasonably possible after the service.Providing prompt notice allows MDS an opportunity to review the circumstances, relevant communications, delivery records, photographs, proof of delivery, and other available information.MDS may request reasonable documentation or information necessary to investigate a service-related concern.

CUSTOMER COMMUNICATIONS

MDS may communicate with Customers through telephone, email, SMS/text messaging, or other business communication channels used in connection with a requested service.The MDS Privacy Policy governs MDS’s handling of personal information and SMS-related privacy practices.The MDS Service Policy governs operational service requirements and customer communication relating to the performance of services.

THIRD-PARTY SERVICE PROVIDERS

MDS may use third-party vendors, technology platforms, communication providers, payment processors, contractors, or other service providers as reasonably necessary to operate its business and provide requested services.MDS remains responsible for managing its services while third-party providers may support particular operational, technological, payment, communication, or logistical functions.Information practices relating to personal information are addressed in the MDS Privacy Policy.

PAYMENT

Customers are responsible for payment according to the payment terms communicated or agreed upon for the applicable service.Payment requirements may vary depending on the type of customer, service, booking arrangement, account relationship, or other agreed terms.Any unpaid balance remains the responsibility of the Customer.MDS may require payment before, during, or after service depending on the applicable arrangement.

NO WAIVER

Failure by MDS to enforce a provision of these Terms on one occasion does not constitute a waiver of the right to enforce that provision in the future.

SEVERABILITY

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will remain in effect to the extent permitted by applicable law.

CHANGES TO THESE TERMS

MDS may update these Terms from time to time to reflect changes in its services, operations, policies, or business practices.The updated version will be posted on the MDS website.The version of these Terms in effect at the time a service is requested or accepted will generally govern that service, unless otherwise required by applicable law or agreed in writing.

ENTIRE AGREEMENT

These Terms, together with the applicable MDS Service Policy and any service-specific agreement, quote, or written terms accepted by MDS and the Customer, constitute the applicable agreement governing the requested service.If there is a conflict between a service-specific written agreement and these general Terms, the service-specific agreement will control to the extent of the conflict.

CONTACT MOBILE DELIVERY SERVICES

Contact

Mobile Delivery Services
Phone: (973) 404-0977.
General Inquiries: info@mdsdeliver.com
Sales: sales@mdsdeliver.com
Website: www.mdsdeliver.com