Our “We Break, We Pay” claim Policy
Hercules will provide its absolute claim policy, “we break, we pay,” guarantee subject to the terms and conditions set forth below which may not be varied or contradicted by any oral or written statement to the contrary. Hercules reserves the right to either repair or replace the damaged item based upon our sole discretion. Hercules also reserves the right to replace any items with like kind and quality. Any claim for reimbursement requires that the customer cooperate with Hercules in its investigation of the loss including but not limited to providing a sworn proof of loss and furnishing receipts for the purchase of the items damaged. Failure to cooperate can be deemed sufficient grounds to deny coverage for the loss in its entirety as well as the single submission of any fraudulent claim shall vitiate recovery for any other item properly established for the loss. Hercules will reimburse based upon an Actual Cash Value (acv) with appropriate depreciation applied to the value assessed for the loss. There is a single deducible applied of $75 for one item that is a loss and an aggregate of $250 for multiple items (2 or more items) and/or claims. The total limit of coverage for the entire move shall be$2,000. Pressed wood items such as those sold by Ikea, Walmart and the like are expressly excluded as are any conditions relating to the operation of an appliance or other items operated with electricity.
Additionally, in any instance where the Shipper refuses a demand by Hercules that such item be packed, then that item will be excluded from the “we break, we pay.” Reimbursement will also be denied when the customer executes a loss damage waiver. Finally, the reimbursement is limited solely to the article damaged and not to any collateral damages that might be alleged resulting from the loss of use of the article until it is repaired or replaced. A claim or claims must be filed no later than 48 hours after delivery otherwise reimbursement is precluded. Any dispute in the claims process as to value or reimbursement shall be determined solely by a Loss Assessor Specialist designated by Hercules and that decision shall be final and binding and not subject to any additional review whether by arbitration or litigation. The limitations and conditions of reimbursement form part of the contract terms and conditions and by electronically signing or actually signing the contract hereon, the customer acknowledges that this disclosure has been read in its entirety. There is no charge for the coverage furnished by Hercules hereon. For any value above $2,000 customer is duly informed that such coverage may be obtained for payment of a moving premium at www.movinginsurance.com. In the event of any lawsuit, the claim must be brought by binding arbitration under the American Arbitration Association and held in Houston, Texas. All filing fees associated with the arbitration process shall be paid by the party filing the claim. The prevailing party in any arbitration shall be entitled to an award of reasonable attorneys’ fees and court costs including all appeals thereon.