Removals and Storage
INTRODUCTION
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 or by email of both the Remover and the Customer. We cannot provide insurance cover in relation to your goods. See 9.0 for details of our liability. We advise you to consider whether you need separate insurance cover.
QUOTATION
1. Our quotation is an inclusive price but unless stated does not include customs duties, inspections or any other fees or taxes payable to any statutory body. Any such duties or fees due will be payable by you in addition to the price stated in the quotation.
2.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 and are confirmed to us in writing.
Such factors may include the following:-
2.1 Where the work is not carried out within 3 months of the date stated in the quotation.
2.2 Increased costs resulting from currency fluctuations or changes in taxation, freight charges or increased road fuel prices.
2.3 We have to collect or deliver goods at your request above the ground and first floor and were not made aware of this at time of quotation.
2.4 We supply any additional services.
2.5 The work is carried out, outside normal hours (8.00 am to 8.00 pm) at your request after quotation is given.
2.6 We are requested to provide additional services not included in the quotation, included the moving or storage of extra goods.
2.7 we are unable to access the collection or delivery point or such access is inadequate or inappropriate for our vehicles. If access is not possible then we may offer the alternative for you to hire at your expense a smaller vehicle. We will then transship the load piece-meal and will charge for the extra time needed on a pro Rata basis. If our driver is required to drive the hired vehicle then all insurance cover for vehicle and goods carried must be organised by yourselves.
2.8 We have to pay parking or parking penalty charges.
2.9 There are delays or events outside our control which increase the cost or resources required to complete the work.
ADDITIONAL WORK
3. Unless otherwise agreed in writing the following is not included within the quotation.
3.1 Dismantling or assembly of units of furniture including flat pack.
3.2 Disconnecting, reconnecting, dismantling or reassembling any appliances, fixtures, fittings or equipment.
3.3 Taking up or removal of fitted floor coverings.
3.4 The movement of any item or items which our staff reasonably believe they cannot move safely, whether due to its nature or its position.
3.5 You are recommended to make arrangements for any such work to be provided
for separately.
3.6 If you have requested and paid for a dismantling and/or a re-assembling service it is on the express understanding that as we are dealing with previously erected goods, whilst all care will be taken, we will not be liable for any damage howsoever caused.
YOUR RESPONSIBILITIES
4. You Must :-
4.1 Declare in writing to us the value of the goods being removed and/or stored (unless you elect for our liability to be limited to £500 per item as set out in clause 9.)
4.2 Obtain at your own expense all permissions, consents, licences, permits or customs documents required for the removal of the goods.
4.3 Be present either personally or through an authorised representative during the collection and delivery process.
4.4 Prepare and stabilize all appliances prior to their removal.
4.5 Take reasonable precautions to prevent the unauthorised removal of goods not belonging to you and check to ensure that all your goods are duly removed.
4.6 Provide proper protection for goods left unattended or in unoccupied premises.
4.7 Empty, defrost and clean refrigerators and freezing equipment.
4.8 In addition you must provide us with contact details during the removal process including transit and/or storage of goods to the point of delivery.
4.9 We will not be liable for any loss, damage, cost or additional expense that may occur as a result of your failure to fulfill these obligations unless by reason of our own negligence or breach of contract.
OWNERSHIP OF GOODS
5. You confirm to us that the goods being removed are your property or that you have the authority of the owner to enter into this contract in relation to the removal of the goods and storage thereof.
5.1 You undertake to indemnify us for any claims and keep us indemnified against any claims resulting from any breach by you of clause 5.
EXCLUDED GOODS
6. Unless previously agreed by us in writing by a director, the following items are excluded from this contract and will not be removed.
6.1 Prohibited, stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items. Aerosols, paints and firearms and/or ammunition.
6.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or collections of any similar kind.
6.3 Any goods likely to encourage vermin or other pests or to cause infestation or contamination.
6.4 Perishable items and/or those requiring a controlled environment or refrigerated or frozen food or drink.
6.5 Animals, birds or fish.
6.6 Goods requiring any licence or government consent for export or import or any movement contemplated within the removal.
6.7 If we do agree to remove any such goods, we will not accept any liability for loss or damage unless we are negligent or in breach of contract. If you submit any such goods without our knowledge we will make them available for your collection and if you do not collect such goods within a reasonable time we reserve the right to take further steps in relation to the disposal of any such goods. You must indemnify us against any additional charges, expenses, damages, costs or claims incurred by us as a result.
POSTPONEMENT AND CANCELLATION
7. If this agreement is postponed or cancelled, we may charge you depending on the amount of notice given. Our charges are as follows:-
7.1 More than 14 days prior to the move – no charge
7.2 Between 3 and 14 working days inclusive before the removal was due to start – not more than 50% of the removal charge.
7.3 Less than 3 days before the removal was due to start – the full amount.
7.4 For this purpose working days includes Mondays to Fridays other than public holidays.
7.5 If cancellation is with more than 14 days’ notice and a deposit has been paid, and/or boxes delivered, then we will make a nominal charge to cover the cost of delivery/collection/cancellation.
PAYMENT
8. You must pay a 20% deposit on the booking day.
8.1 We will accept cash payment on the day of the removal if agreed prior. This has to be paid prior to commencing loading.
8.2 You must not withhold any part of the agreed price.
8.3 We reserve the right to charge interest on overdue amounts.
8.4 Payment terms may only be varied with our written agreement in advance
OUR LIABILITY FOR LOSS OR DAMAGE
9. Our liability for negligence or breach of contract or otherwise under common law in relation to your goods is limited to the value declared to us under Clause 4.1 or £10,000 whichever is the least. If no such value is declared, or if you so elect, for the maximum amount of £500 per item. In this respect the item is defined as any one article, suite, pair, set, complete case, package, carton or other container. These limits may affect the quotation.
9.1 We are not liable on a ‘new for old’ basis for any lost or damaged goods.
9.2 We shall not be liable to the extent that loss or damage is caused or contributed to by moving goods under your express instructions against our advice and in a manner that is likely to cause damage.
9.3 You must notify us as soon as reasonably possible of any damage to premises and to goods for removal.
9.4 We shall not be liable for damage to flat pack units that we are asked to move in their completed state.
9.5 We shall not be liable for scuffs or other removal marks to soft furnishings and /or mattresses that are not protected or that we have not been requested to supply and fit such coverings and protection to.
EXCLUDED RISKS
10.We are not liable for the following:
10.1 Loss or damage to cars or other motor vehicles unless carried in an enclosed vehicle or trailer specially constructed for the purpose.
10.2 Electrical and mechanical derangement unless shown to be as a result of physical external damage to the item concerned or as a result of fire, flood, collision or overturning of road vehicles or other conveyances.
10.3 Breakage, scratching, denting, chipping, staining and tearing of items packed by you including trunks, suitcases and the like unless reasonably attributable to physical damage to such items caused by collision or overturning of road vehicles or other conveyances. This policy shall also exclude claims for missing items unless a valued list of contents is supplied by you to us prior to commencement of transit and such a list be approved by us.
10.4 Loss or damage which occurs prior to collection or packing by us or after delivery or unpacking by us.
10.5 Loss or damage to jewellery, watches, trinkets, precious stones, precious metals, coins, money, deeds, bonds, securities and stamps or collections of similar kind except whilst secured in a locked safe or strong room.
10.6 Loss or damage caused by wear and tear, gradual deterioration, warping or shrinkage, moth or vermin unless it can be reasonably demonstrated that such loss or damage arose as a result of our actions or failings.
10.7 Any consequential loss.
10.8 Loss or damage to refrigerated or frozen food and/or drink, plants, house plants, brittle objects, items with inherent defects howsoever caused and/or goods likely to encourage vermin and other pests to cause infection. Outdoors and garden pots and containers are specifically excluded from any cover.
10.9 Prohibited or stolen goods, drugs, potentially dangerous, damaging or explosive items including gas bottles, aerosols, paints, firearms and/or ammunition.
10.10 Animals and their cages or tanks including pets, birds or fish.
10.11 Mysterious disappearance of customers goods in transit unless evidence can be provided to prove beyond reasonable doubt that the loss is solely attributable to the dishonesty of our employees.
10.12 None of our employees will incur any liability to you.
10.13 If the value of your goods in store or in transit are, at the time of loss or damage, collectively of greater value than the value declared, then you will bear the equivalent proportion of the claim in the same ratio as the actual value exceeds the declared value.
10.14 Our liability is limited to the reasonable cost of repair and no claim will be considered in respect of any depreciation in value of any item as a result of such repair.
10.15 Where any item consists of items in a pair or set, we will not pay more than the value of any particular part or parts which may be lost or damaged, without reference to any special value which such part or parts may have as part of a pair or set, nor more than a proportionate part of the declared value of the pair or set.
DELAYS IN TRANSIT
11. Unless specifically agreed all arrival and departure times are estimates only.
11.1 If a specific timetable is agreed in writing between us and any delay within our reasonable control occurs, we will pay for your reasonable expenses resulting from our failure to keep to the agreed written timetable. If through no fault of ours we are unable to deliver your goods and take them into storage, then any additional storage charges and delivery charges incurred as a result will be at your expense.
11.2 There will be an additional charge if we do not receive keys by 2pm on the move day: £15 plus VAT per hour per man. For the avoidance of doubt, this charge does not apply if you have paid the late fee waiver.
TIME LIMIT FOR MAKING A CLAIM
12. You must notify us of any loss or damage on the move day.
12.1 Client pays the excess.
WITHHOLDING OR DISPOSAL OF THE GOODS
13. We have the right to withhold and/or ultimately dispose of some or all of the goods until you have paid our charges and any other payments due under this or any other agreement between us. This specifically applies to potential claims for loss or damage that are reported before the move is completed.
SUB-CONTRACTING
14. We reserve the right to sub-contract part or all of the work provided for under this Agreement in which case these Terms and Conditions will continue to apply in full.
STORAGE
15.1 Excluded Goods
15.1.1 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.
15.1.2 Goods likely to encourage vermin or other pests or to cause infestation or
contamination.
15.1.3 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.
15.1.4 Perishable items and/or those requiring a controlled environment.
15.1.5 Any animals, birds fish reptiles or plants.
15.1.6 Goods which require special licence or government permission for export or
import.
Under no circumstances will prohibited or stolen goods, drugs or pornographic
material be moved or stored by us.
15.2 You must pay each invoice submitted by us within 7 days of the date of the invoice.
15.3 We may change our storage charges and you will be given three months’ notice of any such change in advance in writing.
15.4 Standard insurance cover is £1000 per crate (this can be increased on request).
15.4 Late payment charges: there will be a £5 per day late payment charge on top of the normal storage charge. In the event of the storage charge being overdue and us having had no contact from yourself a “Legal Lien” will be attached to the stored item and will remain in force until the arrears are settled in full or the “Lien” is otherwise discharged. In the event of a negative response to notification of the Lien, legal action will be taken to sell the stored item via The Tortes Interference with Goods Act 1977. The outstanding arrears will be deducted from the proceeds of the sale, as will any costs incurred. Any remaining balance will be retained to await your collection. We will seek to attain the best price available on current market value.
15.5 If you have not provided us with a written valuation prior to the work commencing, 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 £100 per item.
15.6 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 3 days of the date of our sending, or a reasonable period agreed between us, notifying us of any errors or omissions.
15.7 Access to view stored items is available on request with a minimum notice of 6 working days. This will be charged at £60 plus VAT per crate.
15.8 Items cannot be reloaded at our storage facility.
APPLICABLE LAW
16. These Terms and Conditions are subject to the Law of England and Wales.
WHOLE AGREEMENT
17. These Terms and Conditions together with our quotation form the whole agreement between us and all other correspondence or oral discussions or representations are excluded.
TERMINATION
18. We may terminate this contract on three months’ notice in writing or email. If you wish to terminate this agreement whilst your goods are in storage you must give at least 10 working days’ notice in writing. You remain liable for charges for storage up to the date of release of the goods to you.
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