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. In Clauses 8, 9, 10, and 11 We
set out our liability to You for loss and damage to Your goods
and premises. Please read these clauses carefully.
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, 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
We are able to insure your goods on our policy, and we would draw
your attention to Clause 12 in respect of the Insurance Option.
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
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 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 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 licence or government
permission for export or import.
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,
damages, legal costs or penalties reasonably incurred by Us
in disposing of the goods.
5 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 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
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
8.1 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).
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 to cover the cost of
repairing or replacing that item.
8.1.1 Subject to Our having received Your itemised valued
inventory (see 3.1.1) within a reasonable period prior to the
commencement of work we may agree to increase our
liability, for an additional charge. We will not unreasonably
withhold consent to such a request. This is not insurance
cover and your attention is drawn to the Insurance Option in
Clause 12.
8.2 For goods destined to, or received from a place outside the
United Kingdom
8.2.1 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.
In either circumstance clause 8.1.1 above will apply.
8.2.2 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 terms and conditions set out by that
carrier.
8.2.3 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.
8.2.4 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.
8.3 For the purposes of this Agreement an item is defined as:
8.3.1 The entire contents of a box, parcel, package, carton, or
similar container; and
8.3.2 Any other object or thing that is moved, handled or stored by
us.
8.4 Damage to premises or property other than goods
8.4.1.1 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:
8.4.1.2 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.
8.4.2
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. “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 On the day the work starts or at any time after the work
commences up to 100% of Our charges.
7 Payment
7.1 Unless otherwise agreed by Us in writing, payment is
required in full by cleared funds in advance of the removal or
storage period. In default of such payment We reserve the
right to refuse to commence removal or storage until such
payment is received.
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.