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 considered 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 (09.00-17.00hrs) at your request.
- 1.2.4
We must collect or deliver goods at your request above the ground floor
and first upper floor.
- 1.2.5
If you collect some or all the goods from a 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 10 metres of the doorway.
- 1.2.8
If we must pay parking or other fees or charges in order to carry out
services on your behalf, this will be added to your total bills.
- 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.
- 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
non-refundable.
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, including but not limited to, washers, dryers, dishwashers,
cookers, fridges, freezers, televisions, electrical goods and other white
goods.
- 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 staffs 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,
consents, 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.
- 3.1.10
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.
- 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 items.
- 3.1.12
Arrange for suitable protection or coverings for carpets and other floor
coverings.
- 3.1.13
Ensure there is suitable parking available within 10 metres of an
appropriate doorway.
- 3.1.14
Comply with such other requirements as may be set out in the Proposal or
otherwise agreed between the parties.
- 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.
- 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.
-
- 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, 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.
-
- 7.1.1
More than 5 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 50% of the removal charge.
- 7.1.3
Less than 5 working days before the removal was due to start: not more
than 80% of the removal charge.
- 7.2
You will not benefit from a right to cancel under the Consumer Contracts
Regulations.
8. Payment
- 8.1
Unless otherwise agreed by us in writing:
-
- 8.1.1
Payment is required by cleared funds immediately upon completion of the
removal or in advance of the storage period.
- 8.1.2
You may not withhold any part of the agreed price. This will also apply
if there has been any loss, damage, breakage or if there is any dispute
between you and us.
- 8.1.3
In respect of all sums which are overdue to us, we will charge interest daily
calculated at 4% per annum above the prevailing base rate for the time
being of the Bank of England.
- 8.1.4
Cheques are not accepted as a form of payment.
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, considering 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, considering
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.
- 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 :-
-
- 9.4.1The
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 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 :-
-
- 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.