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1.
Our quotation is a fixed price. It does not include
insurance. 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 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 charges 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 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
(a) Dismantle or assemble unit or system furniture
(flat-pack), fitments or fittings.
(b) Disconnect or reconnect appliances, fixtures,
fittings or equipment
(c) Take up or lay fitted floor coverings.
(d) Move storage heaters unless they are dismantled.
(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 insurance 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 reasonable 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 a 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 pests 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 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 we
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.
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 you their value up to a maximum sum of £40 Sterling for any one item,
suite, set or complete case or other container and its contents whichever is
the smaller sum to cover the cost of repairing or replacing that item, or
(b) We may choose to repair or replace the damaged item. If an item is repaired
we are not liable for depreciation in value.
(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 by you to
us. This is not an insurance on the goods and you are strongly advised to accept
the insurance offered in our quote or if arranging insurance cover yourself,
you are advised to show this contract to your insurance company.
(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 war 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.
(v) By cleaning, repairing or restoring unless we did the work.
(vi) To any goods in furniture, 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 ours 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 UK.
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
instances, we will accept liability as in Conditions 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.
(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, you have limited recourse against that carrier, and 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.
(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 of 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 seven (7) 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 request.
11. Delays in transit
(a) Other than by reason of our negligence, we will not be liable for delays
in transit.
(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 were 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 or ultimately dispose of 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, subject
to the agreement of both parties, either you or we may refer the dispute to an
arbitrator appointed by the Chartered Institute of Arbitrators. The cost of any
such arbitration will be in the discretion of the arbitrator.
15. Our Right to sub-contract this 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 utilised 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.
THE FOLLOWING CONDITIONS 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 it 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 or 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 your storage
contract, you must give us at least 14 days notice. 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.
24. Handing 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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