fbpx

Terms & Conditions | Removals & Storage


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 8, 9, 10, and 11 which limit our liability and you should therefore consider specialist insurance to cover your goods or premises.  We are able to arrange such insurance on your behalf.  This insurance will form a separate Agreement between you and the Insurers and separate conditions will apply.  


  1. Our Quotation

1.1 Our quotation includes insurance unless otherwise stated.

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 21 days, or the work is not carried out or completed within three months.

1.2.2 Our costs change because of changes in taxation or freight charges beyond our control.    

1.2.3  The work is carried out outside normal hours (0800-1800hrs) at your request.

1.2.4  We have to collect or deliver goods at your request above the ground floor and first upper floor unless agreed in writing.

1.2.5 We supply any additional services, including moving or storing extra goods (these conditions apply to such work).

1.2.6 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.

1.2.7 We have to pay parking or other fees or charges in order to carry out services on your behalf.

1.2.8  There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work.

1.2.9 We agree in writing to increase our limit of liability set out in Clause 8.1.

1.2.10 In any such circumstances, adjusted charges may apply and become payable.


  1. Work Not Included in the Quotation

2.1 Unless agreed by us in writing, we will not:

2.1.1 Disconnect, re-connect, dismantle or re-assemble appliances, furniture, fixtures, fittings or equipment.

2.1.2 Take up or lay fitted floor coverings.

2.1.3 Move items from a loft, unless properly lit and floored and safe access is provided.

2.1.4  Move or store any items excluded under Clause 4.

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.


  1. 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 8.1 and 8.2 will be reduced to reflect the proportion that your declared value bears to their actual value.

3.1.2 Arrange adequate insurance cover for the goods submitted for removal transit and/or storage, against all insurable risks as our liability is limited under clauses 8.1 and 8.2.

3.1.3  Obtain at your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.

3.1.4 Be present or represented during the collection and delivery of the removal.

3.1.5 Ensure authorised signature on agreed inventories, receipts, waybills, job sheets or other relevant documents by way of confirmation of collection or delivery of goods.

3.1.6 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.

3.1.7 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.

3.1.8 Prepare adequately and stabilise all appliances or electronic equipment prior to their removal.

3.1.9 Empty, properly defrost and clean refrigerators and deep freezers.  We are not responsible for the contents.

3.1.10 Arrange adequate safekeeping of all keys for furniture and property.

3.1.11 Provide us with a contact address for correspondence during removal transit and/or storage of goods.

3.1.12  Ensure, at your own expense, adequate parking is provided within 20 meters of the property.  All parking charges or fines must be met by the client.

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.


  1. Goods Not to be Submitted for Removal or Storage

4.1 Unless previously agreed in writing by the manager or other authorised 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 (4.1.1) below may present risks to health and safety and of fire.  Items listed under (4.1.2) to (4.1.6) below carry other risks and you should make your own arrangements for their transport and storage.

4.1.1 Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.

4.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.

4.1.3 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.

4.1.4 Perishable items and/or those requiring a controlled environment.

4.1.5 Any animals, birds or fish.

4.1.6 Goods which require special licence or government permission for export or import.

4.2  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.  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.


  1. Ownership of the Goods

5.1 By entering into this Agreement, you guarantee that:

5.1.1 The goods to be removed and/or stored are your own property, or

5.1.2 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.

5.1.3 You will pay us for any claim for damages and/or costs brought against us if either warranty (5.1.1) or (5.1.2) is not true.


  1. Charges if you Postpone or Cancel the Removal

6.1  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.

6.1.1 More than 10 working days before the removal was due to start:  No charge.

6.1.2  Between 5 and 10 working days inclusive before the removal was due to start: not more than 50% of the removal charge.

6.1.3 Less than 5 working days before the removal was due to start: not more than 100% of the removal charge.


  1. Payment

7.1 Unless otherwise agreed by us in writing:

7.1.1  Payment is required by cleared funds 7 days in advance of the removal or storage period.

7.1.2  You may not withhold any part of the agreed price.

7.1.3  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.


  1. Our Liability for Loss or Damage

8.1 Our liability for loss or damage is limited, as set out in clause 8.1.1 below. Alternatively, you may request us to increase our liability, as set out in clause 8.1.2 below:

8.1.1 In the event of our negligence or breach of contract resulting in loss of or damage to your goods, we will pay a sum equivalent to the cost of their repair or replacement up to a maximum of £500 for any one item (see below), £55000 total, and subject to a £100 excess, payable by the client, or

8.1.2 Prior to the commencement of work and subject to our having received your itemised valued inventory (see 3(3.1.1)) we may agree to increase our liability, at no extra charge. We will not unreasonably withhold consent to such a request. This is not insurance cover and you are strongly advised to accept the insurance offered in our quotation, or if arranging insurance cover yourself, you are advised to show this contract to your insurance company.

8.1.3 Unless agreed, in writing, we will not be liable for property dismantled for the purpose of moving.

8.1.3 Unless agreed, in writing, we will not be liable for any keys to property or furniture.


  1. Damage to Premises or Property other than Goods

9.1 Because third party contractors are frequently present at the time of collection or delivery our liability for loss or damage is limited as follows:

9.1.1 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.

9.1.2 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.

9.1.3  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 on presentation.  This is fundamental to the Agreement.


  1. Exclusions of Liability

10.1 Other than as a result of our negligence or breach of contract we will not be liable for any loss, damage or failure to produce the goods if caused by any of the following circumstances

10.1.1 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, third party industrial action or other such events outside our reasonable control.

10.1.2 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.

10.1.3 By moth or vermin or similar infestation.

10.1.4 By cleaning, repairing or restoring unless we arranged for the work to be carried out.

10.1.5 By change to atmospheric or climatic conditions.

OR

10.1.6 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.

10.1.7 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.

10.1.8 For any goods which have a pre-existing defect or are inherently defective.

10.1.9 For animals and their cages or tanks including pets, birds or fish.

10.1.10 For plants

10.1.11 For perishable items and/or those requiring a controlled environment.

10.1.12 For items referred to in Clause 4.

10.1.13 For damages or costs resulting indirectly from, or as a consequence of, loss, damage, or failure to produce the goods including but not limited to loss of use or amenity.

10.2 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.

10.3  Our liability will cease upon handing over goods from our warehouse (see Clause 11.2 below).


  1. Time Limit for Claims

11.1 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.

11.2 If you or your agent collects the goods, you must notify us in writing of any loss or damage at the time the goods are handed to you.

11.3  Notwithstanding clauses 8, 9 and 10 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 72 hours of delivery of the goods by us.

11.4 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.


  1. Delays in Transit

12.1 Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit.

12.2 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.


  1. 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 22). 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.


  1. Our Right to Sub-Contract the Work

14.1 We reserve the right to sub-contract some or all the work.

14.2 If we sub-contract, then these conditions will still apply.


  1. Route and Method

15.1 We have the right to choose the method and route by which to carry out the work.

15.2  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.


  1. Your Forwarding Address

16.1 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.

16.2 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.


  1. 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.