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. Before placing an order, requesting a quote or making a booking, please read through these terms and conditions and print a copy for future reference. By placing an order or making a booking, regardless of the method used to make the booking, you agree to be legally bound by these Terms and Conditions.
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.
• o 1.2.1 You do not accept our quotation in writing within 30 days, or the work is not carried out or completed within three months.
o 1.2.2 Our costs change because of currency fluctuations or changes in taxation or freight charges beyond our control.
o 1.2.3 The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal hours (09.00-17.00hrs) at your request.
o 1.2.4 We have to collect or deliver goods at your request above the ground floor and first upper floor. o 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.
o 1.2.6 We supply any additional services, including moving or storing extra goods (these conditions apply to such work).
o 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 10 metres of the doorway.
o 1.2.8 We have to pay parking or other fees or charges in order to carry out services on your behalf.
o 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.
o 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.
• 1.4 We reserve the right to change the price or quotation prior to an order being placed or a booking made. In the event of this occurring we will inform you, and you have the right not to proceed with placing an order or making a booking.
• 1.5 Although we do not usually request a deposit to be made in order to secure a booking, we do reserve the right to request a deposit. At our discretion, this may be in the form of part-payment on the day of removal, by cleared funds and before the service is commenced. Deposits are nonrefundable.
2 Work not included in the quotation
• 2.1 Unless agreed by us in writing, we will not:
• o 2.1.1 Dismantle or assemble unit or system furniture (flat-pack), fitments or fittings.
o 2.1.2 Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment, including but not limited to, washers, dryers, dishwashers, cookers, fridges, freezers, televisions, electrical goods and other white goods.
o 2.1.3 Take up or lay fitted floor coverings.
o 2.1.4 Move items from a loft, unless properly lit and floored and safe access is provided.
o 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:
• o 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.
o 3.1.2 Obtain at your own expense, all documents, permits, permissions, consents, licences, customs documents necessary for the removal to be completed.
o 3.1.3 Be present or represented during the collection and delivery of the removal.
o 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.
o 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.
o 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.
o 3.1.7 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
o 3.1.8 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
o 3.1.9 Provide us with a contact address for correspondence during removal transit and/or storage of goods.
o 3.1.10 Allow us to carry out our responsibilities. Should you assist with any aspect of the moving of items and damage is caused during this assistance then no liability shall be held by us.
o 3.1.11 Provide us with any information reasonably required, to assist with the free movement of items to be moved, and to advise of any special requirements or care of particular items.
o 3.1.12 Arrange for suitable protection or coverings for carpets and other floor coverings.
o 3.1.13 Ensure there is suitable parking available within 10 metres of an appropriate doorway.
o 3.1.14 Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
o 3.1.15 Dismantle any items that were previously assembled in the room the item is in, due to the size, weight or nature of the item prohibiting it being able to be moved into, out of, and throughout the property without being dismantled, unless agreed by us in writing.
o 3.1.16 Ensure that the goods are adequately packed or packaged for Transportation.
• 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.
• 3.3 We reserve the right to refuse or stop the service or job, at any point, if our staff are abused, verbally or otherwise.
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 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.
• o 5.1.1 Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
o 5.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.
o 5.1.3 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
o 5.1.4 Perishable items and/or those requiring a controlled environment.
o 5.1.5 Any animals, birds or fish.
o 5.1.6 Goods which require special licence or government permission for export or import.
o 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, cancel the removal or for late keys
• 7.1 If you postpone or cancel this Agreement, at our discretion we may 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.
• o 7.1.1 We require a 25% deposit of the full cost of your quote at the time of booking. If the move is cancelled or postponed within ten working days of the date of the move, we may keep the deposit.
o 7.1.2 If the move is cancelled or postponed within 48 hours of the date of the move, we reserve the right to keep the 25% deposit and charge up to a further 45% of the total cost of your quote, totalling a maximum of 70% of the total cost of the quote.
• 7.2 We assume that for house purchases the keys will be available to you and we can begin unloading from 2pm. If we must wait for key’s we may charge £15 per staff member per hour until we can access the new property. A late key waiver of £50 for 2 staff members and a further £25 per additional staff member can be purchased at the time of booking only and this enables you to avoid any late key fees.
• 7.3 You will not benefit from a right to cancel under the Consumer Contracts Regulations.
• 8.1 Unless otherwise agreed by us in writing:
• o 8.1.1 A 25% deposit is due at the time of booking. The remaining balance is due no later than the day before the move.
o 8.1.2 Cheques are not accepted as a form of payment.
• 9.1 Standard Liability.
9. Determination of amount of our liability for loss or damage
o 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.
o 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).
o 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.
o 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.
o 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
• o 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.
o 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.
o 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 :-
• o 9.4.1 The entire contents of a box, parcel, package, carton, or similar container; and
o 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:
• o 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.
o 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.
o 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 notify us in writing 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 :-
• o 11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones
o 11.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
o 11.2.3 Perishable items and/or those requiring a controlled environment.
o 11.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds.
o 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:-
• o 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.
o 11.3.2 Loss or damage arising from ionising radiations or radioactive contamination
o 11.3.3 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack
o 11.3.4 Indirect or consequential loss of any kind or description
o 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.
o 11.3.6 By vermin, moth, insects and similar infestation, damp, mould, mildew or rust
o 11.3.7 By cleaning, repairing or restoring unless we arranged for the work to be carried out.
o 11.3.8 By change to atmospheric or climatic conditions.
o 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.
o 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
. o 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.
o 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.
o 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
o 11.3.14 For any goods which have a pre-existing defect or are inherently defective.
o 11.3.15 We will have no liability whatsoever for loss or damage caused by us in the course of dismantling or reassembling self-assembly furniture, or any other furniture that we decide needs dismantling or reassembling.
o 11.3.16 We will have no liability whatsoever for loss or damage to Goods caused by ordinary loss in weight or volume, ordinary leakage, ordinary wear and tear, inherent vice or nature of the Goods.
o 11.3.17 We will have no liability whatsoever for loss or damage to Goods caused by delay.
• 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).
• 11.6 We shall not be liable to you or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by you howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
• 11.7 Advice and information in whatever form it may be given is provided by us for you only. Any oral advice given without special arrangement is provided gratuitously and without contractual liability.
• 11.8 Should you not accept our recommendations then the items to be moved are moved at your risk. We will not be liable for any damage caused whilst the item to be moved is under your supervision.
• 11.9 Liability for damage will only be accepted if it may be proven without reasonable doubt we have been negligent in the manner in which we have conducted the move.
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.
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 England and Wales.
You agree that email and other electronic communications can be used as a long distance means of communication and acknowledge that all contracts,notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
To be eligible to request a quotation, or place an order or make a booking, and lawfully enter into and form contracts with us, you must be 18 years of age or over and legally capable of entering into a binding contract. If you do not qualify, you must not request a quotation, or place an order or make a booking.
22 Use of pictures and other media
By using our services, you are agreeing to us using photographs and other forms of media of our vans being parked outside of your property/s and or the packed contents of the van for advertising on flyers, social media, other webpages and our website unless you opt out.