Cactus Moving Inc. Terms and Conditions

Cactus Moving Inc.‍

‍Effective Date: September 29, 2025

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THE CUSTOMER’S ATTENTION IS DRAWN TO THE TERMS AND CONDITIONS BELOW THAT LIMIT THE COMPANY’S LIABILITY AND REQUIRE THE CUSTOMER TO INDEMNIFY THE COMPANY IN CERTAIN CIRCUMSTANCES. WHILE THE COMPANY PROVIDES COMPREHENSIVE INSURANCE COVERAGE — INCLUDING BASIC CARGO PROTECTION, COMMERCIAL LIABILITY INSURANCE, AND CARGO INSURANCE — CERTAIN EXCLUSIONS, CONDITIONS, AND LIMITATIONS APPLY. CUSTOMERS ARE ENCOURAGED TO REVIEW THE TERMS CAREFULLY AND TO DISCUSS ANY ADDITIONAL INSURANCE NEEDS WITH THE COMPANY PRIOR TO THEIR MOVE. BY CONFIRMING A BOOKING, THE CUSTOMER ACKNOWLEDGES AND AGREES TO THESE TERMS AND CONDITIONS OF SERVICE.

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1. Application and Scope

These Terms and Conditions ("Agreement") govern all services ("Services") provided by Cactus Moving Inc. ("Cactus Moving", “Company”, “we”, “our”, or “us”) to any individual or entity ("Customer", "you", or “your”). By engaging Cactus Moving to perform any Service, whether by phone, in writing, online through our website (https://www.cactusmoving.ca), or otherwise, you agree to be legally bound by the terms set forth herein.

These Terms shall apply to all transportation, handling, packing, loading, unloading, storage (if applicable), and any other services rendered by Cactus Moving within Canada. No agent or employee of Cactus Moving has authority to alter or waive any provision of this Agreement unless expressly approved in writing by an authorized corporate representative.

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2. Definitions

For the purposes of this Agreement:

• "Customer" means the person, firm, corporation, or entity requesting Services and includes any person acting on behalf of such party.
• "Goods" means personal effects, furniture, equipment, or other tangible property entrusted to the care of Cactus Moving.
• "Third Party" means any contractor, subcontractor, vendor, or service provider engaged by the Company to assist in providing Services.
• "Services" includes all moving-related activities, including but not limited to consultation, labor, local transportation, packing, and related logistics within Canada.
• "Site" refers to the Company’s online presence at https://www.cactusmoving.ca.

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3. Estimates and Bookings

3.1. Estimates
Quotations provided by Cactus Moving are based on the information made available at the time of request and are not binding. Final charges are determined based on actual time, labor, distance, and other services rendered on the day of the move.

3.2. Booking Confirmation
All bookings are considered provisional until confirmed in writing by Cactus Moving. We reserve the right to refuse or reschedule a booking at our discretion.

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4. Cancellations and Refunds

4.1. Cancellation Policy
Cancellations must be made in writing or by direct phone communication with a Cactus Moving representative no less than seventy-two (72) hours prior to the scheduled service date.

In the event of a late cancellation made less than seventy-two (72) hours before the scheduled move, including same-day cancellations, Cactus Moving reserves the right to impose a cancellation charge equivalent to two (2) hours of the agreed hourly rate.

4.2. Refunds
Deposits or pre-payments, where applicable, are refundable only if cancellation is made in accordance with Section 4.1. Refunds for overcharges or billing discrepancies shall be issued within ten (10) business days upon written request and verification. No refunds shall be issued for Services rendered in full.

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5. Customer Warranties and Obligations

By engaging our Services, the Customer represents and warrants the following:

• They are the lawful owner or have lawful possession and authority over the Goods;
• All Goods are safe, non-hazardous, and suitable for transport;
• All information provided to Cactus Moving, including access requirements, parking arrangements, addresses, and inventory details, is accurate and complete;
• Appropriate access to elevators, buildings, and locations is secured in advance;
• No illegal, flammable, perishable, or explosive items are included without prior written consent.

The Customer agrees to indemnify and hold harmless Cactus Moving, its employees, and subcontractors from any loss, damage, claim, or expense resulting from a breach of the above representations.

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6. Performance and Liability

6.1. Standard of Care
Cactus Moving agrees to provide Services using reasonable care and skill. However, the Company shall not be liable for losses arising from delays, omissions, or failures due to factors beyond its control, including but not limited to road closures, weather, traffic, strikes, accidents, or equipment malfunction.

6.2. Excluded Liability
Cactus Moving shall not be liable for:

• Indirect, consequential, or economic losses (e.g. loss of income, business interruption);
• Damage to Goods packed by the Customer or third parties;
• Damage to items with pre-existing conditions (e.g. cracked furniture, unstable assembly);
• Damage to property where access is restricted or unsafe.

6.3. Limitation of Liability
Unless a higher value is declared and agreed upon in writing prior to the move, Cactus Moving's liability for loss or damage to any item shall not exceed the lesser of the actual replacement value or $100 per item. Higher coverage may be arranged at additional cost and subject to separate terms.

6.4. High-Value Goods
The Company must be notified in writing of any item valued in excess of $1,000 CAD prior to service. Failure to declare such items limits Cactus Moving’s liability to the standard terms herein.

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7. Claims and Inspection

7.1. Notice of Loss or Damage
The Customer shall inspect all Goods at the time of delivery. Any damage, loss, or discrepancy must be reported to Cactus Moving in writing within three (3) business days of delivery.

7.2. Failure to Report
Failure to provide timely notice as per Section 7.1 shall release Cactus Moving from any liability, and no claims will be accepted thereafter.

7.3. Inspection and Cooperation
The Customer shall permit the Company to inspect the Goods and any alleged damage. Claims will not be considered without reasonable opportunity for investigation.

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8. Force Majeure

Cactus Moving shall not be liable for failure to perform or delay in performance of any obligation under this Agreement due to events beyond its reasonable control, including but not limited to natural disasters, acts of God, strikes, roadblocks, power failures, governmental actions, or vehicle breakdowns.

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9. Intellectual Property

All content presented on the Site, including but not limited to trademarks, logos, text, photographs, graphics, service descriptions, blog articles, illustrations, and videos, are the intellectual property of Cactus Moving Inc. and are protected under Canadian and international copyright and trademark laws.

No content may be reproduced, copied, modified, republished, uploaded, posted, or distributed in any form without the Company’s prior written consent. Any unauthorized use may result in legal action.

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10. Use of Website

By using our Site, you agree not to:

• Copy, distribute, or reproduce any part of the Site’s content without authorization;
• Use the Site for unlawful, fraudulent, or competitive purposes;
• Attempt to interfere with the operation or security of the Site;
• Misrepresent your identity or provide false information.

Cactus Moving Inc. reserves the right to limit or revoke website access at its sole discretion.

Use of the Site is further governed by our Privacy Policy, accessible at:
https://www.cactusmoving.ca/privacy-policy

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11. Right to Refuse or Terminate Services

Cactus Moving Inc. reserves the right to refuse or discontinue Services if:

• The Customer is found to be in breach of these Terms;
• The premises or circumstances present a safety hazard;
• Required information or payment is not received;
• The Customer is abusive, threatening, or hostile toward personnel.

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12. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein, without regard to conflict of law principles. Any dispute shall be brought exclusively before the courts of competent jurisdiction in Calgary, Alberta.

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13. Severability

If any provision of this Agreement is found invalid or unenforceable by a court of law, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

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14. Amendments

Cactus Moving Inc. reserves the right to modify or update these Terms at any time without prior notice. Updated versions will be posted to the Site with a revised effective date. Continued use of our Services following any amendments constitutes acceptance of the updated Terms.

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15. Entire Agreement

These Terms, together with any signed estimate, service confirmation, or addendum, constitute the entire agreement between the Customer and Cactus Moving Inc. regarding the subject matter herein and supersede all prior or contemporaneous communications, understandings, and agreements, whether oral or written.

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