Local, long-distance, interprovincial, cross-border, packing, handling, and storage services
IMPORTANT: These Terms may limit Cactus Moving's liability, require the Customer to provide accurate information, require timely payment, and allocate responsibility for packing, access, customs, and certain risks. A signed estimate, moving agreement, bill of lading, storage agreement, or coverage election may contain additional terms.
These Terms and Conditions of Service (the "Terms") apply to services provided by Cactus Moving Inc. ("Cactus Moving", "Company", "we", "us", or "our") to the customer identified in a quote, booking, estimate, invoice, bill of lading, storage record, or signed agreement (the "Customer", "you", or "your").
By confirming a booking, signing electronically or physically, tendering Goods to us, paying a deposit, or allowing Services to begin, the Customer acknowledges receipt and acceptance of these Terms.
The service documents form one agreement. If there is a conflict, the following order generally applies: (1) a specifically negotiated written addendum signed by an authorized Cactus Moving representative; (2) the signed moving, storage, or coverage agreement; (3) the accepted quote or estimate; (4) these Terms. Mandatory consumer and transportation laws prevail over any inconsistent provision.
No mover, driver, salesperson, coordinator, or subcontractor may waive or change these Terms unless the change is confirmed in writing by an authorized Cactus Moving representative.
| Terms | Meaning |
|---|---|
| Applicable Law | any federal, provincial, state, local, customs, transportation, consumer-protection, privacy, warehouse, lien, or other law that applies to the Services or Goods. |
| Business Day | a day other than Saturday, Sunday, or a statutory holiday in the province where the relevant office is located. |
| Goods | the Customer's household goods, personal effects, furniture, equipment, packing containers, and other property tendered for Services. |
| Services | local moving, long-distance moving, transportation, packing, unpacking, loading, unloading, handling, storage, vault storage, labour-only work, delivery, and related logistics. |
| Estimate | a price projection based on information available when issued. Unless expressly identified as binding in writing, it is not a guaranteed final price. |
| Service Agreement | the signed local or long-distance moving agreement, bill of lading, storage agreement, coverage election, or other transaction-specific contract. |
| Third-Party Provider | a carrier, subcontractor, customs broker, warehouse operator, repair provider, payment processor, insurer, or other provider engaged in connection with the Services. |
Quotes and Estimates are prepared from the inventory, access conditions, dates, addresses, service level, photographs, videos, and other information provided by the Customer. The Customer must promptly correct incomplete or inaccurate information.
Unless expressly stated otherwise in writing, Estimates are non-binding. Final charges are based on the actual time, labour, crew size, vehicle requirements, shipment size or weight, access conditions, distance, delays, packing, supplies, storage, customs requirements, and other Services provided.
A booking is not confirmed until Cactus Moving issues written confirmation and receives any required signed documents and/or deposit. We may refuse or reschedule a booking for operational, safety, payment, legal, weather, vehicle, or staffing reasons, subject to Applicable Law.
The Customer represents and agrees that:
The Customer is responsible for additional time, labour, storage, redelivery, parking, tickets, towing, waiting, or other reasonable costs resulting from inaccurate information, unsafe or unavailable access, customer delay, building restrictions, weather conditions at a location selected by the Customer, or failure to comply with these obligations, to the extent permitted by law.
Unless specifically approved in writing, Cactus Moving will not transport or store:
The Customer must disclose any dangerous, restricted, unusually heavy, unusually valuable, fragile, or regulated item. Cactus Moving may refuse, isolate, unload, return, or take other reasonable action concerning undisclosed or unsafe Goods, at the Customer's risk and expense and subject to Applicable Law.
Unless the accepted quote states otherwise:
If the inventory, access, or scope materially differs from the Estimate, Cactus Moving may revise the expected time, crew, vehicle, or price. Where reasonably possible, the Customer will be advised before material additional charges are incurred.
Long-distance charges may include separate components for packing, loading, transportation, delivery, unloading, storage, border processing, and other Services. Transportation may be priced by volume, weight, distance, shipment space, flat rate, or another method stated in the quote.
The Customer must provide complete and accurate shipping documents, inventory, declared values, ownership documents, identification, immigration or residency documents, customs forms, and authorizations required for the route. The Customer is responsible for duties, taxes, inspections, demurrage, storage, redelivery, customs-broker fees, and other charges arising from the Goods or the Customer's documentation, except to the extent caused by Cactus Moving's breach.
Delivery dates and windows are estimates unless expressly guaranteed in writing. Border inspections, weather, mechanical failures, road conditions, carrier schedules, consolidations, customer availability, and government action may affect timing.
Cactus Moving does not guarantee customs clearance and is not a customs broker unless expressly engaged as one. Government authorities may inspect, delay, reject, seize, or require the removal of Goods.
A shipment may be placed into storage at the Customer's expense if delivery cannot be completed because of unpaid amounts, unavailable or unsafe access, missing documents, customer unavailability, border delay, refusal of delivery, or another circumstance not caused by Cactus Moving.
The Customer is responsible for the condition and adequacy of owner-packed boxes and containers. Cactus Moving is not responsible for concealed damage inside an owner-packed container unless external damage or other evidence shows that the loss was caused by Cactus Moving and liability cannot lawfully be excluded.
If Cactus Moving loads a Customer-owned truck, trailer, portable storage container, or rental vehicle, the Customer is responsible for the vehicle or container, legal weight limits, roadworthiness, securement equipment not supplied by Cactus Moving, and transportation after loading. Cactus Moving cannot guarantee how Goods will perform after another person transports, opens, rehandles, or unloads the container.
Furniture made from particleboard, pressboard, composite material, flat-pack construction, or previously repaired components may be inherently vulnerable. Cactus Moving may require disassembly, a waiver, or refusal of the item.
Storage may be provided in vaults, containers, racks, warehouse space, trailers, or third-party facilities. Access is by appointment and may require warehouse labour, handling, retrieval, delivery, or minimum charges.
The Customer must not enter operational warehouse or forklift areas without authorization and supervision. Cactus Moving may move a vault or rack position for operational, safety, fire-code, insurance, or space-management reasons without changing the Customer's ownership of the Goods.
Storage charges are billed in advance or as stated in the Service Agreement. Partial months, minimum periods, handling-in, handling-out, access, retrieval, packing, delivery, and late-payment charges may apply if disclosed.
To the extent permitted by Applicable Law, Cactus Moving may exercise a statutory, contractual, or common-law lien or right of retention over Goods for unpaid charges related to transportation, handling, storage, and reasonable enforcement expenses. Any sale or disposal will occur only under Applicable Law and after required notice. Nothing in these Terms authorizes Cactus Moving to hold Goods contrary to mandatory consumer or transportation law.
Cactus Moving may use Third-Party Providers for transportation, labour, storage, customs, repair, or other parts of the Services. We will remain responsible to the extent required by Applicable Law and the Service Agreement. Where lawful, Third-Party Providers and their personnel may rely on the same defences and limitations available to Cactus Moving for the Services they perform.
The Customer authorizes Cactus Moving to share necessary information and documents with Third-Party Providers and authorities for the purpose of performing the Services.
The Customer must pay all charges shown in the accepted quote, Service Agreement, approved change, and final invoice, together with applicable taxes.
If multiple persons arrange or benefit from the Services, each may be jointly and severally responsible for the charges where stated in the Service Agreement and permitted by law.
A complaint or claim does not automatically suspend the entire invoice. The Customer must identify the specific charge and amount disputed. However, pay the full portion when due. Cactus Moving will document and review the complaint and/or claim separately.
If an amount remains unpaid, Cactus Moving may suspend non-essential Services, withhold release or delivery only where lawful, cancel future bookings, require secured payment terms, refer the balance to a licensed collection agency, or commence legal proceedings.
The Customer is responsible for reasonable collection, court, service, enforcement, storage, and legal costs only to the extent awarded or permitted by Applicable Law and the Service Agreement.
Where the signed Service Agreement provides for it and it is enforceable, Cactus Moving may seek interest at 18% per annum from the original due date if an unpaid amount is resolved through a court or arbitration and Cactus Moving is the prevailing party.
Before initiating a payment-card dispute, the Customer is encouraged to give Cactus Moving a reasonable opportunity to review the specific billing issue. Cactus Moving may provide the card issuer with the contract, authorization, invoice, service records, photographs, GPS and time records, communications, and other evidence. Nothing in this section removes any non-waivable chargeback or consumer right.
Local moves may generally be cancelled or rescheduled without a cancellation charge if Cactus Moving receives at least 72 hours' notice, unless the quote states a longer period. With less notice, a cancellation or rescheduling charge of up to two hours at the booked crew rate may apply.
Long-distance and special-service bookings may require a deposit and may have different cancellation terms because vehicles, carriers, warehouse space, or labour are reserved. Any non-refundable amount must be disclosed in the booking documents and remains subject to mandatory law.
Cactus Moving may deduct documented work already performed, materials ordered, carrier commitments, non-refundable third-party costs, and permitted cancellation charges from any refund.
The Customer must be ready to receive Goods during the agreed delivery window and must provide lawful and safe access. If delivery cannot be completed, Cactus Moving may charge reasonable waiting, redelivery, handling, accommodation, parking, storage, and Third-Party Provider costs.
Cactus Moving will not leave Goods unattended without written authorization. If the Customer directs curbside, garage, warehouse, loading-dock, or unattended delivery, the Customer accepts the risks arising after the Goods are placed at the authorized location, except for loss caused by Cactus Moving before placement.
Cactus Moving is not liable for delay or failure caused by events beyond its reasonable control, including severe weather, fire, flood, road closure, traffic collision, mechanical failure despite reasonable maintenance, labour disruption, border or customs action, government order, public emergency, utility outage, building restriction, or Third-Party Provider delay.
Cactus Moving will use reasonable efforts to communicate material delays and resume performance. This section does not exclude liability that cannot lawfully be excluded.
Cactus Moving will perform Services with reasonable care and skill. Liability for physical loss of or damage to Goods is governed by Applicable Law, the Service Agreement, the selected protection or insurance option, and these Terms.
Unless the Customer purchases and Cactus Moving confirms a different protection option in writing, the default agreed valuation may be limited to $0.60 per pound per article, together with any total cap stated in the Service Agreement, to the extent permitted by law.
To the fullest extent permitted by law, Cactus Moving is not liable for indirect, incidental, special, punitive, or consequential loss, including lost income, lost profits, loss of use, missed work, hotel costs, emotional distress, or business interruption, unless expressly agreed in writing or required by law.
Nothing in these Terms excludes liability for fraud, wilful misconduct, gross negligence, personal injury, or another liability that cannot be excluded or limited by Applicable Law.
Additional valuation protection or insurance may be available only if requested, paid for, and confirmed in writing before the Goods are tendered. Coverage terms, limits, exclusions, deductibles, declared-value requirements, and claim procedures are set out in the applicable certificate, Service Agreement, or policy.
Statements about Cactus Moving's commercial liability, cargo, automobile, or other insurance do not create coverage for the Customer beyond the written coverage election or policy. The Customer should obtain independent insurance advice for high-value or irreplaceable Goods.
Subject to Applicable Law and any written coverage terms, Cactus Moving is not responsible for loss or damage arising from:
The Customer must identify pre-existing damage and unsafe conditions before work begins. Cactus Moving may photograph or video premises and Goods to document condition and performance.
Any alleged damage to floors, walls, railings, doors, elevators, landscaping, or premises must be reported within 24 hours and supported with photographs. Cactus Moving may inspect and, where appropriate, choose a reasonable repair method or qualified repair provider. Repairs may require up to 30 business days or longer where materials, contractors, access, or investigation require additional time.
Cactus Moving is not responsible for damage that is unavoidable because an item cannot reasonably pass through an access point and the Customer instructs the crew to proceed after the risk is explained, unless liability cannot lawfully be waived.
The Customer must inspect Goods and premises at pickup and delivery. Visible damage or shortage should be noted immediately on the completion or delivery record.
Claims should be submitted in writing with photographs and supporting information to claims@cactusmoving.ca as soon as possible and, for local moves, within 24 hours after completion; for long-distance moves, at delivery or within 24 hours after delivery. A later report may affect Cactus Moving's ability to investigate, but no claim is barred where Applicable Law does not permit that result.
The Customer must preserve the item and packaging and provide a reasonable opportunity to inspect, photograph, repair, obtain estimates, recover salvage, and investigate. The Customer must not repair, replace, discard, or alter the item before inspection unless reasonably necessary to prevent further damage or for safety.
Payment and claims are separate processes. The Customer must pay the full portion of the invoice while a claim or complaint is investigated. Payment does not waive a valid claim.
Cactus Moving may settle a claim by repair, replacement with an item of like kind and condition, cash payment, or another reasonable method, subject to the applicable valuation and coverage.
To the extent permitted by law, the Customer will indemnify Cactus Moving and its personnel against third-party claims, fines, damage, and reasonable costs arising from the Customer's lack of ownership or authority, inaccurate information, prohibited Goods, unsafe premises, breach of customs or transportation law, or instructions that cause loss, except to the extent caused by Cactus Moving's negligence or breach.
Cactus Moving may refuse, pause, or stop Services where:
The Customer remains responsible for Services already performed and reasonable demobilization, waiting, storage, or return costs, subject to Applicable Law.
The parties agree to use electronic documents, signatures, invoices, photographs, text messages, emails, and payment authorizations. An electronic signature or affirmative online acceptance has the same effect as a physical signature to the extent permitted by law.
The Customer must keep contact information current. Notices may be sent to the email address or telephone number provided in the booking. Service-related communications may be sent even if the Customer has opted out of marketing.
Cactus Moving collects, uses, discloses, and protects personal information in accordance with its Privacy Policy and Applicable Law. The Customer authorizes necessary disclosure to personnel, Third-Party Providers, insurers, payment processors, collection agencies, customs authorities, and regulators for the purpose of performing and administering the Services.
25. Dispute resolution and governing law
Before starting formal proceedings, the parties should attempt in good faith to resolve the dispute through written notice and management review. Either party may propose mediation or arbitration, but no consumer is required to waive a non-waivable right to court, tribunal, complaint process, or class proceeding.
For Services performed primarily within one province, these Terms are governed by the laws of that province and the federal laws of Canada applicable there. For interprovincial or international Services, Alberta law and applicable federal law will govern to the extent permitted, except where mandatory law requires another result.
Proceedings must be brought in a court or tribunal with lawful jurisdiction. The parties may agree in writing to private mediation or arbitration in Calgary or another location.
26. General provisions
27. Contact
General service: hello@cactusmoving.ca | +1 (403) 805-5855
Claims: claims@cactusmoving.ca
Mail Address: Cactus Moving Inc., 4435 90 Ave SE, #200, Calgary, AB T2C 2S7, Canada
Website: https://www.cactusmoving.ca
