Agreement between User and On Point Assembly
Welcome to On Point Assembly. The onpointassembly.com website (the "Site") is comprised of various web pages operated by On Point Assembly Inc. ("On Point Assembly, We, Us"). Onpointassembly.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of onpointassembly.com, your use of our services, you hiring On Point Assembly for needed services, you utilizing any products, services, special website add-ons, third-party services on this site and domain, anything found on onpointassembly.com, and the use of anything On Point Assembly offers to its users, constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Onpointassembly.com is an informational Site providing information about what services and products On Point Assembly offers. On Point Assembly provides assembly, moving, mounting, and packing services among other various related services to our clients. Services are then performed by our Specialists which are independent contractors and are not On Point Assembly's employees. However, in some cases, Specialists may be hired as employees of On Point Assembly. We offer support help, protection by our insurance coverage, our guarantee, moving coverage, background checked personnel, flexible scheduling, and other perks and addons with every service.
, which also governs the Site and informs users of our data collection practices.
Visiting onpointassembly.com or sending emails to On Point Assembly constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account and Service
We have the right to refuse service to anyone at any time for any reason. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that On Point Assembly is not responsible for third-party access to your account that results from theft or misappropriation of your account. On Point Assembly and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
On Point Assembly does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use onpointassembly.com only with permission of a parent or guardian.
Rescheduling/cancellations under 48 hours before the appointment, you may be charged a late fee of $35.00. For no-shows, you may be charged a no-show fee of $50.00. All fees will be deducted from the initial payment made. Otherwise, a full refund of service payment will be issued to the original payment form. Rescheduling/cancellations due to a specialist fault will not incur a fee.
Our Insurance covers bodily and property damage incidents caused by our Specialists up to $1,000,000 per occurrence. On Point Assembly is not liable for the acts or omissions of the Specialists, nor does On Point Assembly insure or provide insurance against any losses sustained by Clients and Specialists. On Point Assembly wants its clients to have an enjoyable experience using On Point Assembly's services and therefore we implemented this Insurance Coverage to continue providing Clients and Specialists a great experience.
Currently, our insurance premium does not fully cover New York State. Our Specialists are not individually insured, however, they must comply with the company policies and the Terms of Service to be part of On Point Assembly.
If Clients and Specialists fail to resolve an issue between themselves and subject to the terms, On Point Assembly's Insurance coverage may come into effect on a case by case basis.
-Provide up to $1,000,000 per occurrence for Property Damage arising as a direct result of Negligence of a Specialist during the performance of a job for On Point Assembly.
-Provide up to $100,000 per occurrence for Bodily Injury sustained by a Client who did not cause the injury, as a direct result of Negligence by a Specialist during the performance of a job for On Point Assembly.
Clients must comply with the following terms and conditions:
-The job giving rise to the Claim must not violate On Point Assembly's Terms of Service.
-You must not have violated our Terms of Service.
-The job giving rise to the Claim must have been performed and hired by an On Point Assembly Specialist.
-You must have paid the invoice for the job giving rise to the Claim in full.
-The Claim does not fall in the category of our Guarantee; Our Guarantee is not able to correct any omissions or mistakes made by our Specialists for this Claim.
-You must submit a Claim within five (5) days of the performance of the job giving rise to the Claim.
-Before submitting a Claim through On Point Assembly's Insurance, you must first make a good attempt to resolve this issue with On Point Assembly directly.
-You have not submitted any Claims within 90 days of the last Claim made.
-You do not have any outstanding or pending balances owed to On Point Assembly.
What is excluded from the Insurance Coverage?
-Our Insurance does not cover losses or damages to property or bodily injury from or in any way related to any of the following exclusions:
-Losses arising from the operation of any motor vehicle, bicycle, aircraft or watercraft by a User;
-Losses arising out of any intellectual property claim;
-Losses arising out of interruption of business, loss of market, loss of income and/or loss of use, unemployment compensation, losses associated with the unauthorized access to Electronic Data, or any other indirect, consequential or special damages;
-Losses for property damage exceeding the original value or replacement value (whichever is the lesser), less any standard depreciation;
-Losses to Ineligible Property;
-Client losses arising from Negligence of a Client or third party;
-Specialists losses arising from Negligence of another Specialist or third party;
-Losses arising from a manufacturer’s or a product’s defects, or from pre-existing damages or conditions of the item or property, normal wear & tear, or deterioration;
-Losses arising from items (including but not limited to tools) supplied by the Client or resulting from Client’s recommendations or instructions (i.e. if a manufacturer recommends affixing furniture to a wall and a Client declines to have furniture affixed, or Client directs Specialists to perform the job in a manner that results in damages);
-Losses that are a normal part of/or natural result of the job undertaken;
-Losses arising from intentional acts, including but not limited to: (i) assault and battery, (ii) sexual abuse or molestation, (iii) identity theft or fraud;
-Losses directly or indirectly arising out of flooding, water damage or relating to mildew, mold, fungi, spores, or other bacteria or microorganisms of any type, nature or description, including but not limited to any substance whose presence poses an actual or potential threat to human health;
-Losses beyond the specific damaged area (example, Specialist caused a scratch on the floor, the Insurance will address repairs to the scratched area only);
-Losses arising from products containing or causing hazardous or harmful materials, communicable diseases, acts of terrorism, pollution, or product liability;
-Displacement costs, including hotel and other accommodations;
-Losses arising out of acts of nature, including but not limited to: pollution, earthquakes, and weather-related events such as rain, wind, etc.;
-Losses resulting from an appointment cancellation due to a Specialists Negligence, including increased costs associated with re-booking a new appointment or hiring a third party;
-Losses resulting from theft with or without a valid police report;Losses reported more than 5 days after the job took place;
-and Losses with insufficient documentation.
You understand and agree that our Insurance is not insurance and that no Client and Specialist or third party is an insured or third party beneficiary under the terms of any On Point Assembly insurance policy.
On Point Assembly has the right to subrogate against any person or entity who may be responsible for causing the Losses giving rise to a Claim, including Clients and Specialists or any third party. By making a Claim under our Insurance you agree you will assist in and cooperate fully with any actions taken by On Point Assembly or its agents to subrogate a Claim.
If you carry insurance that would cover you in the event of a Claim, including but not limited to renter’s insurance, homeowner’s insurance, medical insurance, or an umbrella policy (“Personal Insurance”), you must seek compensation for Losses from your Personal Insurance, prior to seeking compensation by our Insurance. Our Insurance will only compensate for Losses to the extent not otherwise covered by your Personal Insurance. On Point Assembly has the right to provide a Client's and Specialist's contact information to an insurance company or to another Client and Specialist in order to facilitate a resolution of a Claim.
How to submit a Claim?
To submit a claim, please fill out to form located here
, within five (5) days of the performance of the job giving rise to the Claim. Payment requests are subject to the terms and conditions noted herein. All Claims will be reviewed on a case-by-case basis.During our Claims assessment process, you agree to (i) protect and preserve any damaged property that is the basis of a Claim from further damage; (ii) assist or allow On Point Assembly or its agents access to make copies, photographs and recordings of anything relating to the Claim; (iii) allow On Point Assembly or its insurers access to inspect anything relating to the Claim (iv) accept repairs by a Specialist through our Guarantee first; (v) accept a replacement only if repairs are proven not to be an option; (vi) submit requested materials by the dates outlined by the On Point Assembly Support Team; and (vii) accept a replacement item subject to the standard depreciation of that item.
If any part of your Claim is approved, then as a condition to any payment to you under our Insurance, you will be required to execute and deliver to On Point Assembly this agreement, which includes:
-to assign to On Point Assembly or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved Claim from any person or entity that is financially responsible for the approved Claim;
-to reasonably cooperate with us, including, at our request, appearing as a witness in any litigation, arbitration, or like proceeding, if we seek to recover from any person or entity the amount paid to you with respect to an approved Claim;
-to comply with all deadlines communicated by the On Point Assembly Support Team in connection with a Claim;
to release and hold harmless On Point Assembly and its parents, affiliates, licensors, or any of such parties’ directors, officers, shareholders, agents, investors, subsidiaries, attorneys, representatives, insurers, employees, independent contractors, successors and assigns, from any further liability or obligations with respect to the facts and circumstances of the matters set forth in the Claim;
-to treat as confidential the resolution of your Claim and the contents of this agreement; and
-to refund to On Point Assembly any amounts that On Point Assembly determines to have been erroneously paid to you with respect to an approved Claim.
Any person browsing onpointassembly.com, using our services, hiring On Point Assembly for needed services, utilizing any products, services, special website add-ons, third-party services on this site and domain, anything found on onpointassembly.com, and anything On Point Assembly offers to its users.
"Property Damage" means:
Physical damage to, loss, or destruction of tangible property.
"Bodily Injury" means:
Physical injury, sickness or disease sustained by any person, including but not limited to death resulting from any of these.
"Ineligible Property" means:
Cash or other currency, animals, fine art (paintings, photos, pictures, textiles, sculptures or other mediums of art, antiques, precious stones or metals and similar property of rare or historical value); electronic data (data or information stored electronically or in digital format including data, information, audio, video, files, databases, software, systems, applications, tapes, drives, cloud storage or data processing devices); damage to common areas; and/or items of sentimental value like heirlooms or photographs beyond the straight replacement value.
Any Property Damage and Bodily Injury other than Excluded Losses.
A finding by On Point Assembly, in its sole discretion, that a Specialist action or omission (a) breached a duty to Client during the performance of a job and (b) was the proximate cause of that Client actual damages.
The Craftsmanship Guarantee covers any omissions caused by a specialist during their service, free of cost, including wrongly assembled pieces, wrong furniture placement, missing screws or pieces, and unfulfilled service due to inexperienced specialists. The Guarantee is only valid for an unsatisfactory service due to a specialist fault and does not apply to damages or issues due to an error of the manufacturer, delivery, or client. The Guarantee is only valid up to 48 hours (2 days). You must contact support by text or email within the 48 hours for the Guarantee to be valid.
a. Under this coverage, you may be eligible to recover for damages to your personal property at a rate of sixty (60) cents per pound ($.60/lb.) per item damaged, up to a maximum total claim for all eligible items of $500 per appointment for in-home, shifting, loading & unloading, and labor only services or $1,000 per appointment for local moving services.
b. Additionally, you may request a full refund of your service, if the moving coverage is less than the service invoice, only under our approval and discretion. You may only choose one or the other, not both.
a. You must report any damage/loss within five (5) days of the Moving Service. During the claim process, you must respond to action items within fifteen (15) days, failure to do so will result in nullification of the claim.
b. Usually, we review and process claims after the form has been filled within two (2) business days. Some claims may take longer to process depending on its complexity. No claims can be processed if there is a balance due.
c. Before filing a claim, you must document the damages for verification, including links and references of the current value of the item or a similar item. You must file the claim within five (5) days of the moving appointment and pay all outstanding balances.
d. Reimbursements are paid by checks, e-checks, or electronic deposit, which is determined on a case by case basis.
e. Only one claim allowed per one moving service.
What's not covered:
Coverage does not apply to the following: (1) Drugs or drug paraphernalia; perishable items; items prohibited by law; weapons, explosives, flammable liquids, or anything that would otherwise put the safety of the specialists (movers), the moving vehicle, the customer, or the customer’s belongings at risk. (2) China, glass, clocks, glassware, lamps, mirrors, pictures, artwork, Flat-Screen Televisions, or any other fragile articles that are not packed & unpacked by On Point Assembly and moved at the owner's risk. (3) Because the mechanical condition of electronics and appliances is unknown; we only assume responsibility for items which are mishandled or receive visible damage by our specialist (movers). (4) Unprotected flooring. (5) Defected, prior repaired, unstable constructed furniture pieces or items. (6) Money, jewelry, or other valuables, please make sure these items are safely put away before our moving team arrives. (7) Because ready-to-assemble furniture is not structurally created to be moved once assembled, we will not repair or replace these items in the event they are damaged during the move.
Links to Third Party Sites/Third Party Services
Onpointassembly.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of On Point Assembly and On Point Assembly is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. On Point Assembly is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by On Point Assembly of the site or any association with its operators.
Certain services made available via onpointassembly.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the onpointassembly.com domain, you hereby acknowledge and consent that On Point Assembly may share such information and data with any third party with whom On Point Assembly has a contractual relationship to provide the requested product, service or functionality on behalf of onpointassembly.com users and customers.
Testimonials posted on this site reflect the real-life experiences and opinions of such users. Each user may have their own unique experiences and may differ from your experience. We do not claim and you should not assume, that all users will have the same experiences.
Testimonials posted on this site are reviewed by us before being posted. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extra information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials and users are not paid or otherwise compensated for their testimonials.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of On Point Assembly or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. On Point Assembly content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of On Point Assembly and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of On Point Assembly or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your On Point Assembly account to third party accounts. By connecting your On Point Assembly account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by On Point Assembly from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the On Point Assembly Content accessed through onpointassembly.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless On Point Assembly, its officers, directors, employees, independent contractors, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. On Point Assembly reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with On Point Assembly in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and On Point Assembly agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ON POINT ASSEMBLY INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ON POINT ASSEMBLY INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ON POINT ASSEMBLY INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
On Point Assembly reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and On Point Assembly as a result of this agreement or use of the Site. On Point Assembly's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of On Point Assembly's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by On Point Assembly with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and On Point Assembly with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and On Point Assembly with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
On Point Assembly reserves the right, in its sole discretion, to change the Terms under which onpointassembly.com is offered. The most current version of the Terms will supersede all previous versions. On Point Assembly encourages you to periodically review the Terms to stay informed of our updates.
You may reach On Point Assembly with questions regarding the Terms:
On Point Assembly Inc.
20 Commerce Drive Suite 135
Cranford, New Jersey 07016
Updated as of September 1, 2019