TERMS AND CONDITIONS
Introduction
These conditions explain the rights, obligations, and responsibilities
of all parties to this Agreement. Where we use the word ‘you’ or ‘your’ it
means the Customer: ‘we’, ‘us’ or ‘our’ means
the Remover. These terms and conditions can be varied or amended
subject to prior written agreement. Your attention is drawn to Clauses
4, 9, 10, 11 and 12 which set out our liability to you for loss
of or damage to goods and property.
1 Our Quotation
1.1 Our quotation, unless otherwise stated, does not include customs
duties and inspections or any other fees or taxes payable to government
bodies. It does include us accepting liability for your goods, subject
to clauses 2.2, 3.2, 5.2, 5.3 and the provisions of Clauses 4, 9, 10,
11 and 12.
1.2 We may change the price or make additional charges if circumstances
are found to apply which have not been taken into account when preparing
our quotation and confirmed by us in writing. These include:
1.2.1 You do not accept our quotation in writing within 28 days, or
the work is not carried out or completed within three months.
1.2.2 Our costs change because of currency fluctuations or changes in
taxation or freight charges beyond our control.
1.2.3 The work is carried out on a Saturday, Sunday, or Public Holiday
or outside normal hours (08.00-18.00hrs) at your request.
1.2.4 We have to collect or deliver goods at your request above the
ground floor and first upper floor.
1.2.5 If you collect some or all of the goods from our warehouse, we
are entitled to make a charge for handing them over.
1.2.6 We supply any additional services, including moving or storing
extra goods (these conditions apply to such work).
1.2.7 The stairs, lifts or doorways are inadequate for free movement
of the goods without mechanical equipment or structural alteration, or
the approach, road or drive is unsuitable for our vehicles and/or containers
to load and/or unload within 20 metres of the doorway.
1.2.8 We have to pay parking or other fees or charges in order to carry
out services on your behalf.
1.2.9 There are delays or events outside our reasonable control which
increase or extend the resources or time allowed to complete the agreed
work.
1.2.10 We
agree in writing to increase our limit of liability set out in clause
9.1.1
1.3 In any such circumstances, adjusted charges will apply and become
payable.
2 Work not included in the quotation
2.1 Unless agreed by us in writing, we will not:
2.1.1 Dismantle or assemble unit or system furniture (flat-pack), fitments
or fittings.
2.1.2 Disconnect, re-connect, dismantle or re-assemble appliances, fixtures,
fittings or equipment.
2.1.3 Take up or lay fitted floor coverings.
2.1.4 Move items from a loft, unless properly lit and floored and safe
access is provided.
2.1.5 Move or store any items excluded under Clause 5.
2.2 Our staff are not authorized or qualified to carry out such work. We
recommend that a properly qualified person is separately employed by
you to carry out these services.
3 Your responsibility
3.1 It will be your sole responsibility to:
3.1.1 Declare to us, in writing, the value of the goods being removed
and/or stored. If it is subsequently established that the value of the
goods removed or stored is greater than the actual value you declare,
you agree that our liability under clause 9.1 will be reduced to reflect
the proportion that your declared value bears to their actual value.
3.1.2 Obtain at your own expense, all documents, permits, permissions,
licences, customs documents necessary for the removal to be completed.
3.1.3 Be present or represented during the collection and delivery of
the removal.
3.1.4 Ensure authorized signature on agreed inventories, receipts, waybills,
job sheets or other relevant documents by way of confirmation of collection
or delivery of goods.
3.1.5 Take all reasonable steps to ensure that nothing that should be
removed is left behind and nothing is taken away in error.
3.1.6 Arrange proper protection for goods left in unoccupied or unattended
premises, or where other people such as (but not limited to) tenants
or workmen are, or will be present.
3.1.7 Prepare adequately and stabilize all appliances or electronic
equipment prior to their removal.
3.1.8 Empty, properly defrost and clean refrigerators and deep freezers. We
are not responsible for the contents.
3.1.9 Provide us with a contact address for correspondence during removal
transit and/or storage of goods.
3.2 Other than by reason of our negligence or breach of contract, we
will not be liable for any loss or damage, costs or additional charges
that may arise from failure to discharge these responsibilities.
Whether free storage has been given or accepted,
a collection charge from the warehouse is a £500 handling fee if
we do not redeliver the goods.
4. Our responsibility
4.1 It is our responsibility to deliver
your goods to you, or produce them for your collection, undamaged. By “undamaged" we
mean in the same condition as they were in at the time when they were
packed or otherwise made ready for transportation and/ or storage.
4.2 In the event that we have undertaken
to pack the goods, or otherwise make them ready for transportation and/or
storage, it is our responsibility to deliver them to you, or produce
them for your collection, undamaged. Again, by "undamaged" we
mean in the same condition as they were in immediately prior to being
packed/ made ready for transportation or storage.
4.3 If we fail to discharge the responsibilities identified in clause
4.1 and 4.2, we will, subject to the provisions of clauses 9, 11 and
12, be liable under this agreement to compensate you for such failure.
4.4 We will not be liable to compensate
you where clauses 2.2, 3.2, 5.2 and 5.3 apply unless loss or damage occurred
as a result of negligence or breach of contract on our part.
4.5 If you do not provide us with a declaration
of value of your goods, or if you do not require us to accept standard
liability pursuant to clause 9.1 we will not be liable to you for failure
to discharge the responsibilities identified in clause 4.1 and 4.2, unless
that failure was caused by negligence or breach of contract on our part.
4.6 The amount of our liability under
this clause shall be determined in accordance with clauses 9 and 11.
5. Goods not to be submitted for removal or storage
5.1 Unless previously agreed in writing by a director or other authorized
company representative, the following items must not be submitted for
removal or storage and will under no circumstances be moved or stored
by us. The items listed under 5.1.1 below may present risks to
health and safety and of fire. Items listed under 5.1.2 to 5.1.6
below carry other risks and you should make your own arrangements for
their transport and storage.
5.1.1 Prohibited or stolen goods, drugs, pornographic material, potentially
dangerous, damaging or explosive items, including gas bottles, aerosols,
paints, firearms and ammunition.
5.1.2 Jewellery, watches, trinkets, precious stones or metals, money,
deeds, securities, stamps, coins, or goods or collections of any similar
kind.
5.1.3 Plants or goods likely to encourage vermin or other pests or to
cause infestation or contamination.
5.1.4 Perishable items and/or those requiring a controlled environment.
5.1.5 Any animals, birds or fish.
5.1.6 Goods which require special licence or government permission for
export or import.
5.2 If we do agree to remove such goods, we will not accept liability
for loss or damage unless we are negligent or in breach of contract,
in which case all these conditions will apply.
5.3 If you submit such goods without our knowledge we will make
them available for your collection and if you do not collect them within
a reasonable time we will apply for an appropriate court order to dispose
of any such goods found in the consignment without notice. You
will furthermore pay to us any charges, expenses, damages, legal costs
or penalties incurred by us.
6. Ownership of the goods
6.1 By entering into this Agreement, you guarantee that:
6.1.1 The goods to be removed and/or stored are your own property, or
6.1.2 The person(s) who own or have an interest in them have given you
authority to make this contract and have been made aware of these conditions.
6.1.3 You will pay us for any claim for damages and/or costs brought
against us if either warranty 6.1.1 or 6.1.2 is not true.
7. Charges if you postpone or cancel the removal
7.1 If you postpone or cancel this Agreement, we will charge you according
to how much notice is given. “Working days” refer to
the normal working week of Monday to Friday and excludes weekends and
Public Holidays.
7.1.1 More than 10 working days before the removal was due to start: No
charge.
7.1.2 Between 5 and 10 working days inclusive before the removal was
due to start: not more than 30% of the removal charge.
7.1.3 Less than 5 working days before the removal was due to start:
not more than 60% of the removal charge.
8. Payment
8.1 Unless otherwise agreed by us in writing:
8.1.1 Payment is required by cleared funds in advance of the removal
or storage period.
8.1.2 You may not withhold any part of the agreed price.
8.1.3 In respect of all sums which are overdue to us, we will charge
interest on a daily basis calculated at 4% per annum above the prevailing
base rate for the time being of the Bank of England.
9. Determination of amount of our liability for loss or damage
9.1 Standard Liability.
9.1.1 If
you provide us with a declaration of the value of your goods, and subject
to clause 3.1.1, the amount of our liability to you in the event of loss
or damage to those goods in breach of clause 4 will be determined in
accordance with Clauses 9.1.2, 9.1.3 and 11 below, subject to a maximum
liability of £20,000. We may agree to accept liability for a higher
amount, in which case we may make an additional charge.
9.1.2 In
the event of loss of or damage to your goods in breach of clause 4, our
liability to you is to be assessed as a sum equivalent to the cost of
their repair or replacement whichever is the smaller sum, taking into
account the age and condition of the goods immediately prior to their
loss or damage, and subject to the maximum liability of £20,000
referred to in clause 9.1.1 (unless we have agreed a higher amount with
you).
9.1.3 Where the lost or damaged item is part of a pair or set,
our liability to you, where it is assessed as the cost of replacement
of that item, is to be assessed as a sum equivalent to the cost of that
item in isolation, not the cost of that item as part of a pair or set.
9.2 Limited Liability.
9.2.1 If you do not provide us with a declaration of value, or
if you do not require us to accept Standard Liability pursuant to clause
9.1, then our liability to you is to be determined in accordance with
Clauses 9.1.3, 9.2.2 and 11.
9.2.2 In the event of loss of or damage to your goods caused by negligence
or breach of contract on our part, our liability to you is to be assessed
as a sum equivalent to the cost of their repair or replacement, taking
into account their age and condition immediately prior to their loss
or damage, subject to a maximum liability of £40 per item. Your
attention is drawn to clause 11.1 which applies to Limited Liability.
9.3 For goods destined to or received from a place outside the UK
9.3.1 We will only accept Standard Liability if you provide us
with a detailed valuation of your goods on the valuation form which we
provide. All other provisions of Clause 9.1 will apply.
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9.3.2 We do not
accept liability for loss of or damage to goods confiscated, seized,
removed or damaged by Customs Authorities or other Government Agencies
unless we have been negligent or in breach of contract.
9.3.3 We do not accept liability for loss of or damage to goods occurring
in certain overseas countries, including Gambia, Iran, Iraq, Nigeria,
Libya, Lebanon, Angola, Cambodia, Vietnam, N. Korea and Former States
of the USSR, unless we have been negligent or in breach of contract.
This list is not exhaustive, and we will advise you at the time of
quotation if this exclusion applies.
We will accept liability for loss or damage
(a) arising from our negligence or breach of contract whilst the goods
are in our physical possession, or
(b) whilst the goods are in the possession of others if the loss or
damage is established to have been caused by our failure to pack the
goods to a reasonable standard where we have been contracted to pack
the goods that are subject to the claim.
In either circumstance clause 9.1 or 9.2 above will apply.
9.4 An Item is defined as :-
9.4.1 The entire contents of a box, parcel, package, carton, or
similar container; and
9.4.2 Any other object or thing that is
moved, handled or stored by us.
10. Damage to premises or property other than goods
10.1 Because third party contractors are frequently
present at the time of collection or delivery our liability for loss
or damage is limited as follows:
10.1.1 If
we cause loss or damage to premises or property other than goods for
removal as a result of our negligence or breach of contract, our
liability shall be limited to making good the damaged area only.
10.1.2 If
we cause damage as a result of moving goods under your express instruction,
against our advice, and where to move the goods in the manner instructed
is likely to cause damage, we shall not be liable.
10.1.3 If
we are responsible for causing damage to your premises or to property
other than goods submitted for removal and/or storage, you must note
this on the worksheet or delivery receipt as soon as practically possible
or within a reasonable time. This is fundamental to the Agreement.
11. Exclusions of liability
11.1 In respect of Limited Liability, we will
not be liable for loss of or damage to your goods as a result of fire
or explosion howsoever that fire or explosion was caused, unless
we have been negligent or in breach of contract.
11.2 In respect of Standard Liability and Limited
Liability, other than as a result of our negligence or breach of contract
we will not be liable for any loss of, damage to, or failure to produce
the following goods :-
11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts
or other Documents or Electronically held Data Records, Mobile Telephones
11.2.2 Plants
or goods likely to encourage vermin or other pests or to cause infestation
or contamination.
11.2.3 Perishable items and/or those requiring a controlled
environment.
11.2.4 Furs
exceeding £100 in value, Jewellery, Watches, Precious Stones and
Metals, Money, Coins, Deeds.
11.2.5 Any animals, birds or fish.
11.3 In
respect of Standard Liability and Limited Liability, other than as a
result of our negligence or breach of contract we will not be liable
for any loss of, damage to, or failure to produce the goods if caused
by any of the following circumstances:-
11.3.1 By
war, invasion, acts of foreign enemies, hostilities (whether war is declared
or not), civil war, terrorism, rebellion and/or military coup, Act of
God, industrial action or other such events outside our reasonable control.
11.3.2 Loss
or damage arising from ionising radiations or radioactive contamination
11.3.3 Loss
or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic
Weapons and Cyber Attack
11.3.4 Indirect
or consequential loss of any kind or description
11.3.5 By
normal wear and tear, natural or gradual deterioration, leakage or evaporation
or from perishable or unstable goods. This includes goods left
within furniture or appliances.
11.3.6 By
vermin, moth, insects and similar infestation, damp, mould, mildew or
rust
11.3.7 By cleaning, repairing or restoring unless we arranged
for the work to be carried out.
11.3.8 By change to atmospheric or climatic conditions.
11.3.9 For
any goods in wardrobes, drawers or appliances, or in a package, bundle,
carton, case or other container not both packed and unpacked by us.
11.3.10 Loss
of or damage to china, glassware and fragile items unless they have been
both professionally packed and unpacked by us or our Subcontractor. In
the event of an accident involving an owner packed container where damage
would have occurred irrespective of the quality of the packing, then
our liability is limited to £100 or its actual value whichever
is less.
11.3.11 For
electrical or mechanical derangement to any appliance, instrument, clock,
computer or other equipment unless there is evidence of related external
damage.
11.3.12 Loss
or damage of motor vehicles caused by scratching, denting and marring
unless you obtain from us a pre-collection condition report.
11.3.13 Loss
or damage to a vehicle whilst being driven or for the purpose of being
driven under its own power other than for the purpose of loading onto
or unloading from the carrying conveyance or container. Loss or damage
sustained by accessories and removable items unless lost with the vehicle
11.3.14 For
any goods which have a pre-existing defect or are inherently defective.
11.4 No employee of ours shall be separately
liable to you for any loss, damage, mis-delivery, errors or omissions
under the terms of this Agreement.
11.5 Our liability will cease upon handing over
goods from our warehouse or upon completion of delivery (see Clause 12.2
below).
12 Time limit for claims
12.1 For goods which we deliver, you must notify
us in writing of any visible loss, damage or failure to produce any goods
at the time of delivery.
12.2 If you or your agent collect the goods,
you must notify us in writing of any loss or damage at the time the goods
are handed to you or your agent.
12.3 Notwithstanding clauses 9, 10 and 11 we
will not be liable for any loss of or damage to the goods unless a claim
is notified to us, or to our agent or the company carrying out the collection
or delivery of the goods on our behalf, in writing as soon as such loss
or damage is discovered (or with reasonable diligence ought to have been
discovered) and in any event within seven (7) days of delivery of the
goods by us.
12.4 The time limit for notifying us of your
claim may be extended upon receipt of your written request provided such
request is received within seven (7) days of delivery. Consent
to such a request will not be unreasonably withheld.
13 Delays in transit
13.1 Other than by reason of our negligence
or breach of contract, we will not be liable for delays in transit.
13.2 If through no fault of ours we are unable
to deliver your goods, we will take them into store. The Agreement
will then be fulfilled and any additional service(s), including storage
and delivery, will be at your expense.
14 Our Right to Hold the Goods (lien)
We shall have a right to withhold and/or ultimately dispose of some
or all of the goods until you have paid all our charges and any other
payments due under this or any other Agreement. (See also Clause 23).
These include any charges that we have paid out on your behalf. While
we hold the goods you will be liable to pay all storage charges and other
costs incurred by our withholding your goods and these terms and conditions
shall continue to apply.
15 Disputes
If there is a dispute arising from this agreement which cannot be resolved,
subject to the agreement of both parties, either you or we may refer
the dispute to an arbitrator appointed by the Chartered Institute of
Arbitrators. The cost of any such arbitration will be at the discretion
of the arbitrator. This does not prejudice your right to commence court
proceedings.
16 Our right to sub-contract the work
16.1 We reserve the right to sub-contract some
or all of the work.
16.2 If we sub-contract, then these conditions
will still apply.
17 Route and method
17.1 We have the right to choose the method and route by which
to carry out the work.
17.2 Unless it has been specifically agreed otherwise in writing
in our Quotation, other space/volume/capacity on our vehicles and/or
the container may be utilized for consignments of other customers.
18 Advice and information for International Removals
We will use our reasonable endeavours to provide you with up to date
information to assist you with the import/export of your goods. Information
on such matters as national or regional laws and regulations which are
subject to change and interpretation at any time is provided in good
faith and is based upon existing known circumstances. It is your
responsibility to seek appropriate advice to verify the accuracy of any
information provided.
19 Applicable law
This contract is subject to the law of the country in which the office
of the company issuing this contract is situated.
20 Your forwarding address
20.1 If you send goods to be stored, you must
provide an address for correspondence and notify us if it changes. All
correspondence and notices will be considered to have been received by
you seven days after sending it to your last address recorded by us.
20.2 If you do not provide an address or respond
to our correspondence or notices, we may publish such notices in a public
newspaper in the area to or from which the goods were removed. Such
notice will be considered to have been received by you seven days after
the publication date of the newspaper.
Note: If we are unable to contact
you, we will charge you any costs incurred in establishing your whereabouts.
21 List of goods (inventory) or receipt
Where we produce a list of your goods (inventory) or a receipt and send
it to you, it will be accepted as accurate unless you write to us within
10 days of the date of our sending, or a reasonable period agreed between
us, notifying us of any errors or omissions.
22 Revision of storage charges
We review our storage charges periodically. You will be given
3 months notice in writing of any increases.
23 Our right to Sell or dispose of the Goods
If payment of our charges relating to your goods is in arrears, and
on giving you three months’ notice, we are entitled to require
you to remove your goods from our custody and pay all money due to us. If
you fail to pay all outstanding amounts due to us, we may sell or dispose
of some or all of the goods without further notice. The cost of
the sale or disposal will be charged to you. The net proceeds will
be credited to your account and any eventual surplus will be paid to
you without interest. If the full amount due is not received, we
may seek to recover the balance from you.
24 Termination
If payments are up to date, we will not end this contract except by
giving you three months notice in writing. If you wish to terminate
your storage contract, you must give us at least 10 working days’ notice
(working days are defined in Clause 7 above). If we can release
the goods earlier, we will do so, provided that your account is paid
up to date. Charges for storage are payable to the date when the
notice should have taken effect.
Liability Terms - For Non British Association of Removers Members |