Removals services
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CUstomised removals service
built on reputation
Terms And Conditions
These condition 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. In Clauses 8, 9, 10, and 11 We limit or exclude Our
Liability for loss and damage. We recommend You arrange insurance to cover Your goods. We are able to arrange insurance for your benefit upon request.
This insurance will be separate from this contract and subjects to the terms and conditions of the policy.
1 Our Quotation
1.1 Our Quotation Our quotation, unless otherwise stated, does not include insurance,
cancellation/postponement waivers, customs duties, port charges including (but not
limited to) demurrage, inspections, or any fees, or taxes payable to government
bodies or agencies
1.2 Our Quotation is valid for twenty-eight days from the date of issue. Unless
already included in Our Quotation, reasonable additional charges will apply in the
following circumstances:
1.2.1 If the work does not commence within twenty-eight days of acceptance;
1.2.2 Where We have given You a price including redelivery from store
within Our Quotation and the re-delivery from store has not taken
place within six months from the date of the issue of the quotation;
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 work is carried out on a Saturday, Sunday, or Public Holiday or
outside normal hours (08.00-17.00hrs) at your request.
1.2.5 We have to collect or deliver goods at Your request above the ground
floor and first upper floor.
1.2.6 If You or Your agents request collection or access to Your goods
whilst they are in store;
1.2.7 We supply any additional services, including moving or storing extra
goods (these conditions apply to such work). This may include (but is not
limited to) situations in which it becomes apparent when We collect Your
goods that there are additional items, goods or other load, of which We
were not informed when We provided Our quote and which was not,
therefore, Included in the quote.
1.2.8 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 and/or containers to load and/or
unload within 20 metres of the doorway.
1.2.9 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.
1.2.10 There are delays or events outside Our reasonable control which
increase or extend the resources or time allowed to complete the
agreed work.
1.2.11 We agree in writing to increase Our limit of liability set out in Clause
8.1 prior to the work commencing;
1.2.12 We have to pay operational charges in order to carry out the services,
which may be brought in at any time by the law and amended at any time
by the law. Such operational charges may include (but are not limited to)
Low Emission Zone (LEZ) charges and congestion charges.
1,3 You agree to pay any reasonable charges arising from the above circumstances.
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 to or from a loft, unless properly lit and floored and safe access
is provided.
2.1.5 Move or store any items excluded under Clause 4
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
3 Your responsibility
3.1 It will be your responsibility to:
3.1.1 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.
3.1.2 Obtain at Your own expense, all documents, permits, permissions
licenses, customs documents necessary for the removal to be
completed
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 Where We provide You with inventories, receipts, waybills, job
sheets or other relevant documents You will ensure that they are
signed by You or Your authorised representative as confirmation of
collection or delivery of the 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) tenant
or workmen are, or will be present.
3.1.8 Prepare adequately and stabilize 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 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;
3.1.11 Provide Us with a correct and up to date contact address and
telephone number during removal transit and/or storage of goods.
3.1.12 Arrange appropriate transport, storage or disposal of goods listed in
closure 4
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. Goods not to be submitted for removal or storage
4.1 Unless previously agreed in writing by a director 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 4.1.7 below carry other risks and You should make Your own
arrangements for their transport and storage
4.1.1 Potentially dangerous, damaging or explosive items, including gas
bootels, aerosols, paints, firearms, fuels, oils, and ammunition
4.1.2 Jewellery, watches, trinkets, precious stones or metals, money,
deeds, securities, mobile telephones, portable media and computing
devices, stamp, coins, or goods or collection of any similar kind
4.1.3 Goods likely to encourage vermin or other pests or to cause
infestation or contamination.
4.1.4 We shall notify you in writing as soon as practicable if any of the
Goods, are in Our opinion hazardous to health, dirty or unhygienic or
likely to attract vermin or pests and under what conditions we would
be prepared to accept such Goods or whether we refuse to accept
them. Should we refuse to accept the goods We will have no liability
to You.
4.1.5 Perishable items and/or those requiring a controlled environment.
4.1.6 Any animals, birds, fish, reptiles or plants.
4.1.7 Goods which require special license or government permission for
export or import
4.1.8 Under no circumstances will Prohibited or stolen goods, drugs or
pornographic material be moved stored by us
4.2 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 a court order to dispose of any such goods found in the consignment.
You agree to pay Us any charges, expenses, garages, legal cost or penalties
reasonably incurred by Us in disposing of the goods.
5 Ownership of the goods
By entering into this Agreement, you guarantee that
5.1.1 The goods to be removed and/or stored are Your own property, or
By entering into this Agreement, you guarantee that
The goods to be removed and/or stored are Your own property, or
the goods are Your property free of any legal charge; or
5.1.2 You have the full authority of the owner or anyone having a legal
interest in them 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.
5.1.3 If at any time following the implementation of this agreement to its
termination another person has or obtains an interest in the goods
You will advise Us of their name and address in writing immediately
5.1.4 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 5.1.1 or 5.1.2 is untrue.
5.1.5 If You wish to transfer responsibility of this Agreement to a third
party You will advise Us in writing giving Us their full name and
address. We will issue a new agreement to them. Our Agreement
with You will remain in force until We have received a signed
agreement from the third party.
6 Charges if You postpone or cancel the removal
6.1 If You postpone or cancel this Agreement, We reserve the right to charge
you a reasonable postponement or cancellation fee according to how much
notice is given as set out below at 6.1.1 - 6.1.4. We charge these fees based on
an assessment of losses we have incurred as result of You cancelling or
Postponing the removal. Examples of the types of loss We might incur are:
administration/back office cost, being unable to re-fill a removal slot with another
customer's work, or engaging employees to work for your booked removal.
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 30% of the removal charge.
6.1.3 Less than 5 working days before the removal was due to start: not
more than 60% of the removal charge.
6.1.4 Within 24 hours of the move taking place: not more than 75% of the
removal charge
6.1.5 On the day the work starts or at any time after the work commences
up to 100% of Our charges
6.2 Cancellation/Postponement Waiver
If offered, and paid for in advance of the commencement of the services, we
agree to waive the charges in Clause 6.1.1, 6.1.2 & 6.1.3. Our agreement to
waive the charges is conditional upon Us receiving written notice of Your intention
to Cancel/Postpone no later than 17:00 hours on the preceding Working Day
before Services commence. The Cancellation/Postponement charge will entitle you
to only one Cancellation/Postponement
7 Payment
7.1 Unless otherwise agreed by Us in writing, payment is required in full by cleared
funds at the time of booking the removal or storage period. In default of such
payment We reserve the right to refuse to commence removal or storage unit
such payment is received
7.2 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.
8 Our liability for loss or damage
We do not know the value of Your goods therefore We limit Our liability to a
fixed limit per item. The amount of liability We accept under this agreement is
reflected in Our charges for the work. If you wish Us to increase Our limit of
liability per item You agree to pay a higher price for the work as stated in
Condition 1.2.11 (Our Quotation).
8.2 Unless otherwise agreed in writing if we are negligent or in breach of contract We
will pay You up to £40 for each item which is lost or damaged as a direct result of
any negligence or breach of contract on Our part
8.3 For goods destined to, or received from a place outside the United Kingdom:
8.3.1 We will only 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
8.3.2 Where We engage an international transport operator, shipping
company or airline to convey Your goods to the place, port or airport
of destination, We do so on Your behalf and subject to the term
and conditions set out by that carrier.
8.3.3 If the carrying vessel/conveyance, should for reasons beyond the
carrier’s control, fail to deliver the goods, or route them to a place
other than the original destination, You may have limited recourse
against the carrier depending upon the carriers particular terms and
conditions of carriage, and You may be liable for General Average
contribution (e.g. the costs incurred to preserve the
vessel/conveyance and cargo) and salvage charges, or the additional
cost of onward transmission to the place, port or airport of
destination. These are insurable risks and it is Your responsibility to
arrange adequate marine/transit insurance cover.
8.3.4 We do not accept liability for goods confiscated, seized, removed or
damaged by Customs Authorities or other Government Agencies
unless such confiscation, seizure, removal or damage arose directly
as a result of Our negligence or breach of contract
8.4 For the purposes of this Agreement an item is defined as
8.4.1 The entire contents of a box, parcel, package, carton, or similar
container; and
8.4.2 Any other object or thing that is moved, handled or stored by us
9 Damage to premises or property other than goods
9.1 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:
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 moving 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 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.
10 Exclusions of liability
10.1 We shall not be liable for loss or damage caused by fire or explosion, unless
we have been negligent or in breach of contract. t is Your responsibility to
insure Your Goods. If You ask Us in writing to arrange fire insurance cover for
You We will, provided You declare the full replacement value of Your Goods
and pay the premium in advance.
10.2 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, rescheduled
sailing, departure or arrival times, port congestion, or other such events
outside our reasonable control.
10.3 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 as a result of:
10.3.1 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
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless We arranged for the work to
be carried out.
10.3.4 Changes caused by atmospheric conditions such as dampness
mould, mildew, rusting, tarnishing, corrosion, or gradual
deterioration unless directly linked to ingress of water.
10.3.5 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.
10.3.6 For electrical or mechanical derangement to any appliance,
instrument, clock, computer or other equipment unless there is
evidence of related external damage.
10.3.7 For any goods which have a pre-existing defect or are inherently
defective.
10.3.8 For perishable items and/or those requiring a controlled
environment.
10.3.9 Loss of structural integrity of furniture constructed of particle board
resulting from crumbling of the board
10.3.10 For items referred to in Clause 4.
10.4 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.
10.5 Where goods are handed out from store Our liability will cease upon handing
over the goods to You or Your authorised representative (see Clause 11.1
below).
10.6 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 employee
or agents
(b) such loss or damage is not a reasonably foreseeable result of any such
breach.
11 Time limit for claims
11.1 If You or Your authorised representative collect 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 or as soon as practically possible.
11.2 We will not be liable for nay 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 this must be writing as soon as such loss
or damage is discovered (or with reasonable diligence ought to have been
goods, in order to properly investigate the claim. We may agree to extend this
time limit upon receipt or Your written request provided such request is received
within seven (7) days of delivery. Consent to such a request will not be
unreasonably withheld
12 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.
12.3 Any transit times quoted by Us are estimated and based upon information
known to Us at the time. Transit times may vary due to a number of factors
outside Our control including but not limited to changes in sailing or
departure dates made by the freight/shipping company, changes in the
routes used by the freight/shipping company and port congestion. We will
advise You of any material changes to the transit times as soon as We
become aware. We will not be liable for any loss or damage incurred by You
as a result of delays in transit time unless directly attributable to Our
negligence or breach of contract.
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. (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 (including legal costs)
reasonably incurred by Us in recovering Our charges and applying Our right
of lien. These terms and conditions shall continue to apply.
14 Disputes
If there is a dispute arising from this Agreement, which cannot be resolved,
either party may refer it to the Conciliation Service provided by the
British Association of Removers (BAR). If the dispute cannot be settled by this
method, it may be referred by either party to the BAR Arbitration Service.
Under this scheme, the case will be independently determined by an
arbitrator appointed by Independent Dispute Resolution Services Ltd
Recourse to arbitration is subject to certain limits, current details of which
are available upon request from BAR, Tel: 01923 699486, Fax: 01923
699481, Email: consumer.affairs@bar.co.uk. Conciliation does not prejudice
Your right to commence court proceedings.
15 Our right to sub-contract the work
15.1 We reserve the right to sub-contract some or all of the work
15.2 If We sub-contract, then these conditions will still apply
16 Route and method
16.1 We have the right to choose the method and route by which to carry out the
work.
16.2 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
utilised for consignments of other customers
17 Advice and information for International Removals
We will use Our reasonable endeavors 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.
18 Applicable law
Any dispute between us will be governed by the non-exclusive law and
jurisdiction of the English or Scottish Courts. If you currently reside or are
moving to a place outside the jurisdiction of the Courts of the United
Kingdom, alternative laws or jurisdiction of local courts may apply subject to
our written agreement prior to the work or services commencing.
19 Your forwarding address
19.1 If You instruct Us to store Your goods, You must provide a correct and up to
date address and telephone number and notify Us if it changes. All
correspondence and notices will be considered to have been received by You
seven days after sending it by first class post to Your last address recorded
by Us
19.2 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.
20 List of goods (inventory) or receipt
20.1 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 within a reasonable period agreed between us,
notifying Us of any errors or omissions
21 Revision of storage charges
We review our storage charges periodically. You will be given 30 days’
notice in writing of any increases.
22 Our right to Sell or dispose of the Goods
If payment of Our charges relating to Your goods is in arrears, and on giving
You three months’ notice, We are entitled to require You to remove Your
goods from Our custody and pay all money due to Us. If You fail to pay all
outstanding amounts due to Us, We may sell or dispose of some or all of the
goods without further notice. The cost of the sale or disposal will be charged
to You. The net proceeds will be credited to Your account and any eventual
surplus will be paid to You without interest. If the full amount due is not
received, we may seek to recover the balance from You
23 Termination
If payments are up to date, We will not end this contract except by giving
You three months’ notice in writing. If You wish to terminate Your storage
contract, You must give us at least 10 working days’ notice (working days are
defined in Clause 6 above). If We can release the goods earlier, We will do
so, provided that your account is paid up to date. Charges for storage are
payable to the date when the notice should have taken effect.
These are an abbreviation of the Standard Terms of The British Association of
Removers Limited