Terms and conditions
These Conditions set out the rights and obligations of the remover (we-us-our) and the customer (you-your).
These Terms and Conditions can only be changed with the prior written agreement of both the remover and the customer.
1. Our Quotation
1.1 Our Quotation is an inclusive price.
1.2 Our Quotation is valid for 2 months from the date of issue. We reserve the right to amend the price stated in the quotation to take account of changes of circumstances which were not taken into account when preparing our quotation. Such factors may include the following:
1.2.1 If the work does not commence within 2 months of acceptance;
1.2.2 We supply any additional services, including moving or storing extra goods 1.2.3 Our costs change because of currency fluctuations, changes in taxation, freight, fuel, ferry or toll charges beyond our control.
1.2.4 The entrance or exit to the premises, 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 to load and/or unload
1.2.5 We have to pay parking or other fees or charges (including fines where you have not arranged agreed suspension of parking restrictions) in order to carry out services on Your behalf. For the purpose of this Agreement parking fines for illegal parking, caused by Our negligence, are not fees or charges and You are not responsible for paying them;
1.2.6 There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work.
2. Work not included in the quotation
2.1 Unless agreed by us in writing, we will not:
2.1.1 Dismantle or assemble furniture of any kind
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/attic, unless properly lit and floored and safe access is provided.
2.1.5 The movement of any item or items which our staff reasonably believe they cannot move safely
2.1.6 Dismantle or assemble garden furniture and equipment including, but not limited to: sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or move paving slabs, planters and the like.
2.2 Our staff are not authorised 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 You agree to:
3.1.1 If you have elected to pack yourself then all packing must be completed by the time of commencement of your move. If this has not happened and it adds
unforeseen time to the move, then extra charges will apply
3.1.2 Make sure all contents are boxed and securely sealed
3.1.3 Pay for any parking or meter suspension charges incurred by Us in carrying out the work.
3.1.4 Be present or represented throughout the collection and delivery of the removal.
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 Ensure that all domestic and garden appliances, including but not limited to washing machines, dishwashers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them;
3.1.10 Provide Us with a correct and up to date contact address and telephone number during removal transit
3.1.11 Arrange appropriate transport, storage or disposal of goods listed in
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.
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 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 authorised company representative, the following items must not be submitted for removal and will under no circumstances be moved 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 5.1.7
below carry other risks and You should make Your own arrangements for their transport and storage.
5.1.1 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, mobile telephones, portable media and computing devices, stamps, coins, or goods or collections of any similar kind.
5.1.3 Goods likely to encourage vermin or other pests or to cause infestation or contamination.
5.1.4 Goods, which in Our opinion are hazardous to health, dirty or unhygienic or likely to attract vermin or pests. We may refuse such goods without liability to You.
5.1.5 Perishable items and/or those requiring a controlledenvironment.
5.1.6 Any animals, birds, fish, reptiles or plants.
5.1.7 Goods which require special licence or government permission for export or import.
5.1.8 Under no circumstances will prohibited or stolen goods, drugs or pornographic material be moved by Us.
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 may apply for an appropriate court order to dispose of any such goods found in the consignment. You will pay to Us any charges, expenses, damages, legal costs or penalties incurred by Us disposing of the goods.
6. Ownership of the goods
6.1 By entering into this Agreement, You guarantee that:
6.1.1 The goods to be removed are Your own property, or the goods are Your property free of any legal charge; or
6.1.2 You have the full authority of the owner or anyone having a legal interest in the goods to enter into this Agreement and You have made the owner fully aware of these terms and conditions prior to entering into this Agreement and that they have agreed to them.
6.1.3 If at any time following the implementation of this agreement to its termination another person has or obtains an interest in the goods You must advise Us of their name and address in writing immediately.
6.1.4 You will provide a full indemnity and pay Us in respect of any claim for damages and/or costs brought against Us if either statement made in 6.1.1 or
6.1.2 is untrue.
6.1.5 If You wish to transfer responsibility for this Agreement to a third party You must advise Us in writing giving Us their full name and address.
7. Charges if You postpone or cancel the removal
7.1 All deposits paid to us are non-refundable and non-transferable unless agreed in writing by us
8.1.You must not withhold any part of the agreed price.
8.2.You must pay our charges so that we have cleared funds no later than the next the day of your move
8. 3.We reserve the right to charge interest on overdue amounts.
9. Determination of amount of our liability for loss or damage
9.1. Standard Liability.
9.1.1 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 by Clauses 9.1.2, 9.1.3 and 11, up to a maximum liability of £10,000 in the event of the total loss of the goods. 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 shall not exceed 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, up to the maximum liability of £10,000 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.
9.1.4 In the event of our liability to you representing the full value of an item, we may at Our option remove it as salvage. Where items are capable of repair for a sum less than the replacement cost, taking into account the age and condition, the repair cost will be Our maximum liability.
9.2. Limited Liability.
9.2.1 If You do not require Us to apply the Standard Liability in clause 9.1, then Our liability to You will 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 Our negligence or breach of contract, our liability to You shall not exceed £50 per item.
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 valuation of Your goods on the 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.
9.3.4 Subject to clauses 9.1 and 9.2 above We will accept liability for loss or damage only in the following circumstances:
(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.
10. Damage to premises or property other than goods
10.1 Because third party contractors or others are frequently present at the time of collection or delivery it is not always possible to establish who was
responsible for loss or damage. Therefore our liability 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 moving 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, You must inform us as soon as practically possible after the damage occurs or is discovered or in any event 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 however that fire or explosion was caused, unless we have been negligent or in breach of contract.
11.2 Unless we are negligent or in breach of contract (in which case our liability will be limited under either Standard or Limited Liability as set out in Clause 9) 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 moth 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 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
11.2.5 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds, Mobile Telephones, Portable Media and Computing Devices.
11.2.6 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 We shall not be liable for delays or failures to provide the services under this Agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action, re- scheduled sailing, departure or arrival times, port congestion, 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 We will not be liable for any loss or damage caused by Us or Our employees or agents in circumstances where:
(a) there is no breach of this Agreement by Us or by any of Our employees or agents
(b) such loss or damage is not a reasonably foreseeable result of any such breach.
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.
11.3.7 By cleaning, repairing or restoring unless we arranged for the work to be carried out.
11.3.8 Changes to atmospheric conditions which results in mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water caused by Our negligence or breach of contract.
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.
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 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 upon completion of delivery (see Clause 12.1 below).
12. Time limit for claims
12.1 If You or Your authorised representative collects the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent otherwise we shall not be liable.
12.2 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 in detail within seven
(7) days of delivery of the goods by us.
12.3 For goods which we deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us.
13. Our Right to Hold the Goods (lien)
“Lien” is the legal right of the remover to hold goods until the customer has paid all outstanding charges.
We shall have a right to withhold and ultimately dispose of some or all of the goods if You fail to pay the charges and any other payments due under this or any other Agreement. 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 (including legal costs) incurred by Us in recovering Our charges and applying Our right of lien. These terms and conditions shall continue to apply.
14. Applicable Law
14.1 These Terms and Conditions are subject to the Law of England and Wales.