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1. Our
Quotation
Our quotation is a fixed price. It does not
include Extra care handeling charge, customs duties and inspections or any other
fees payable to government bodies.
We may change the price or make additional charges
if any of the following have not been taken into account when
preparing our quotation and confirmed by us in writing.
(a) You
do not accept it in writing within 28 days, with a firm removal
date to which we agree in writing.
(b) By
your delay, the work is not carried out or completed within three
months.
(c) Our
costs increase (or decrease) because of currency fluctuations
or changes in taxation or freight charge beyond our control.
(d) The
work is carried out on a Saturday, Sunday or Public Holiday at
your request.
(e) We
have to collect or deliver goods above the ground and first upper
floor.
(f) We
supply any additional services, including moving or storing extra
goods, (these conditions apply to such work).
(g) 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, and this means we have to do extra work.
(h) Any
parking or other fees or charges that we have to pay in order
to carry out services on your behalf.
(i) There
are delays or events outside our reasonable control.
(j) We
agree in writing to increase our limit of liability set out in
clause 8.
In all these circumstances, you will pay the adjusted
charges.
2. Work
not included in the quotation
Unless agreed by us in writing we will not:
(a) Dismantle
or assemble unit or system furniture (flat-pack), fitments or
fittings.
(b) Disconnect
or reconnect appliances, fixtures or equipment.
(c) Take
up or lay any fitted floor coverings.
(d) Move
storage heaters unless they are disconnected.
(e) Move
items from a loft, unless properly lit, and floored and safe
access is provided.
(f) Move
or store any items excluded under clause 4.
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
It will be your sole responsibility to:
(a) Declare
to us the value of the goods being removed and/or stored.
(b) Arrange
adequate Extra care handeling charge cover for the goods submitted for removal
transit and/or storage, against all insurable risks.
(c) Obtain
at your own expense, all documents, permits, licences, customs
documents necessary for the removal to be completed.
(d) Be
present or represented throughout the removal.
(e) Take
all responsible steps to ensure that nothing that should be removed
is left behind and nothing is taken away in error.
(f) 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.
(g) Prepare
adequately and stabilise all appliances or electronic equipment
prior to their removal.
(h) Empty
properly, defrost and clean refrigerators and deep freezers. We
are not responsible for the contents.
(i) Provide
us with a contact address for correspondence during removal transit
and/or storage of goods.
Other than by reason of our negligence, we will
not be liable for any loss or damage, costs or additional charges
that may arise from any of these matters.
4. Goods
not to be submitted for removal or storage
The following items are specifically excluded from
this contract:
(a) Jewellery,
watches, trinkets, precious stones or metals, money, deeds, securities,
stamps, coins, or goods or collections of any similar kind.
(b) Prohibited
or stolen goods, drugs, potentially dangerous, damaging or explosive
items, including gas bottles, aerosols, paints, firearms and
ammunition.
(c) Plants
or goods likely to encourage vermin or other pest or to cause
infestation.
(d) Refrigerated
or frozen food or drink.
(e) Any
animals and their cages or tanks including pets, birds or fish.
(f) Goods
which require special licence or government permission for export
or import.
Such goods will not be removed by us except with
our prior written agreement. In the event that we do remove the
such goods, we will not accept liability for loss or damage wholly
or mainly attributable to the special nature of the goods
concerned. If you submit such goods without our knowledge
and prior written agreement w will not be liable for any loss
or damage and you will indemnify us against any charges, expenses,
damages or penalties claimed against us. In addition we
shall be entitled to dispose of (without notice) any such goods
which are listed under paragraphs 4(b), 4(c) or 4(d).
5. Ownership
of the goods
By entering into this contract, you declare that:
(a) The
goods to be removed and/or stored are your own property or
(b) 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.
You will meet any claim for damages and/or costs
against us if these declarations are not true.
6. Charges
if you postpone or cancel the removal
If you postpone or cancel this contract, we may
charge according to how much notice is given.
(a) More
than 14 days before the removal was due to start; NIL
(b) Less
than 14 days, but more than 8 days before the removal was due
to start; 30% of the removal charge.
(c) Less
than 8 days before the removal was due to start; 60% of the removal
charge.
(d) On the day before the move 100% of the removal charge.
7. Paying
for the removal
Unless otherwise agreed by us in writing:
(a) Payment
is required, by cleared funds in advance of the removal or storage
period.
(b) You
may not withhold any part of the agreed price.
(c) In
respect of all sums which are overdue to us, we will charge interest
calculated at 4% above the base rate for the time being of National
Westminster Bank PLC.
8. Our
Liability for loss or damage
Our liability for loss or damage is limited as set
out in clause 8(a) below. You may request us to increase
our liability, as set out in clause 8(c) below, subject to our
express written agreement in advance of carrying out the removal
and/or storage and payment of an additional charge.
(a) In
the event of our losing or damaging your goods, if we are liable,
we will pay up to a maximum sum of £40.00 sterling for each item
which is lost or damaged, to cover the cost of repairing or replacing
that item Or
(b) We
may choose to repair or replace the damaged item. It an
item is repaired we are not liable for depreciation in value.
A
(c) Always
subject to receiving your itemised valued inventory and request
in writing to increase our liability, prior to the removal and/or
storage commencing, we may offer to extend our maximum liability
to the value declared to you by us. This is not an Extra care handeling charge
on the goods and you are strongly advised to accept the Extra care handeling charge
offered in our quote or if arranging Extra care handeling charge cover yourself,
you are advised to show this contract to your Extra care handeling charge company.
For the purpose of clauses 8(a), 8(b) and 8(c),
an item is defined as any one article, suite, pair, set or complete
case, carton, package or other container.
(d) Other
than by reason of our negligence, we will not be liable for any
loss, damage or failure to produce the goods if it is caused
by those circumstances set out in the following:
(i) By
fire howsoever caused.
(ii) By
war, invasion, acts of foreign enemies, hostilities (whether
ware is declared or not), civil war, terrorism, rebellion, and/or
military coup, acts of God, industrial action or other such events
outside our reasonable control.
(iii) 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.
(iv) By
moth or vermin or similar infestation.
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(v) By
cleaning, repairing or restoring unless we did the work.
(vi) To
any goods in wardrobes, drawers or appliances, or in a package,
bundle, case or other container not both packed and unpacked
by us.
(vii) For
electrical or mechanical derangement to any appliance, instrument
or equipment unless there is evidence of external impact.
(viii) To
jewellery, watches, trinkets, precious stones or metals, money,
deeds, securities, stamps, coins, or goods or collections of
a similar kind, howsoever caused, unless you have previously
given us full particulars with value, and we have confirmed in
writing that we accept responsibility as in conditions 8(a) or
8(c) above.
(ix) To
any goods which have a relevant proven defect or are inherently
defective.
(x) To
animals and their cages or tanks including pets, birds or fish.
(xi) To
plants.
(xii) To
refrigerated or frozen food or drink.
(e) Other
than by reason of our negligence, we will not be liable for damages
or costs resulting indirectly from, or as a consequence of loss,
damage or failure to produce the goods.
(f) No
employee of the contractor named on the front of this contract
shall be separately liable to you for any loss, damage, mis-delivery,
errors or omissions under the terms of this contract.
9. Extra
conditions that apply to removals to/from a foreign country
outside the United Kingdom
For goods destined to, or received from a place
outside the United Kingdom:
(a) We
will accept liability only for loss or damage to goods when
they are in our actual possession, and if it can be proven
that we
were negligent. In such circumstances, we will accept
liability as in condition 8(a) or 8(c) above. We are
not liable for any loss, damage or failure to produce the goods
if it is caused
by those circumstances set out in condition 8(d) above. Limited
liability of £40 for owner packed boxes.
(b) 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.
(c) 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 (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
Extra care handeling charge cover.
(d) We
do not accept any liability for goods confiscated, seized or
removed by Customs Authorities or other Government Agencies.
10. Time
limits for claims
(a) For
goods which we deliver, you must note any visible loss, damage
or failure to produce any goods at the time of delivery.
(b) If
you or your agent collect from our warehouse, you must note any
loss or damage at the time the goods are handed to you.
(c) Notwithstanding
clause 8, we will not be liable for any loss or damage to the
goods unless a claim is notified to us or our foreign correspondent
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 two (2) days of collection of the goods from us
or delivery of the goods by us, as the case may be.
(d) The
time limits referred to in clauses 10(a), 10(b) and 10(c) above
shall be essential to the contract.
(e) Upon
your written request we may at our discretion agree to extend
your time for compliance with clause 10(c), PROVIDED your request
is received within the time limits provided for and subject to
this proviso we will not unreasonably refuse such a request.
11. Delays
in transit
(a) Other
than by reason of our negligence, we will not be liable for
delays in transit. We cannot always guarantee a firm delivery
date.
(b) If
through no fault of ours we are unable to deliver your goods,
we will take them into store. The contract will then be fulfilled
and any additional service(s), including storage and delivery,
will be at your expense.
12. Damage
to premises or property other than goods
(a) We
will not be liable for any damage to premises or property other
than goods submitted for removal and/or storage unless we have
been negligent.
(b) 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 will inevitably cause damage, we shall
not accept that we are negligent.
(c) 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. This
is essential to the contract.
13. 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 contract. These
include any charges that we have paid out on your behalf. While
we hold the goods and wait for payment 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.
14. Disputes
If there is a dispute arising from this agreement,
which cannot be resolved, either you or we may refer it to the
Conciliation Service provided by the Association of Professional
Removers (APR). If the dispute cannot be settled by this
method, it may be referred by you or with your written consent,
by us to the APR Arbitration service. Under this scheme,
the case will be independently determined by an arbitrator appointed
by the Chartered Institute of Arbitrators. Recourse to
arbitration is subject to certain limits, current details of
which are available upon request from APR, Suite 262 Imossi House,
1/5 Irish Town, PO Box 561, Gibraltar.
15. Our
right to sub-contract the work
(a) We
reserve the right to sub-contract some or all of the work.
(b) If
we sub-contract, then these conditions will still apply.
16. Route
and method
(a) We
have the full right to choose the route for delivery.
(b) Unless
it has been specifically agreed in writing on our quotation,
other space/volume/capacity on our vehicles and/or the container
may be used for consignments of other customers.
17. Advice
and information
Advice and information in whatever form it may be
given is provided by the company for the customer only. Any
oral advice given without special arrangement is provided gratuitously
and without contractual liability.
18. Applicable
law
This contract is subject to English and Welsh Law
and jurisdiction.
EXTRA CONDITIONS THAT APPLY TO THE STORAGE OF
GOODS
19. Your
forwarding address
(a) If
you send goods to be stored you must provide an address for letters
and notify us if it changes. All correspondence and notices
will be considered to have been received by you seven days after
posting it to your last address recorded by us.
(b) 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.
20. List
of goods (inventory) or receipt
Where we produce a list of your goods (inventory)
or a receipt and send them to you, it will be accepted as accurate
unless you write to us within seven days of receiving it, notifying
us of any errors or omissions.
21. Revision
of storage charges
We review our storage charges periodically. You
will be given 28 days notice in writing of any increases.
22. Our
right to sell of dispose of the goods
On giving you 28 days 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 debts
due to us we are entitled to sell or dispose of some or all 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.
23. Termination
If payments are up to date we will not end this
contract except by giving you three calendar months notice in
writing. If you wish to terminate you storage contract,
you must give us at least 14 days notice. If we can is
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.
24. Hand
out charges
If you make your own arrangements to collect the
goods from our warehouse we are entitled to make a charge for
handing them over. Our liability will cease upon handing
over the goods.
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