These conditions set out the terms of the contract between the Removal and/or
Storage Contractor (“the Contractor”) and you (“the Customer”) and explain
your rights, obligations, and responsibilities and those of the Contractor. Your attention is drawn to Clauses 4, 5, 9, 10, 11 and 12 which set out our
liability to you for loss of or damage to goods and property.
1 Interpretation 1.1 Any reference in these conditions to “we” or “us” is a reference to the
Contractor. Any reference in these conditions to “you” is a reference to the Customer.
Any reference to “Insurance Option” is to the Insurance Option set out in
“Goods” means the goods being removed and/or stored.
2 Quotations 2.1 Quotations include Value Added Tax but do not include any other customs
duties levies or fees payable to government or other statutory bodies and all
such duties or fees (if any) will be payable by you in addition to the quoted
price. 2.2 Although we quote a fixed price, we reserve the right to amend it or make
additional charges if any of the following have not been considered when
preparing the quotation: 2.2.1 Our costs increase as a result of currency fluctuations or changes in
taxation or freight charges beyond our control 2.2.2 We supply any additional services 2.2.3 There are delays outside our reasonable control in which event we will
make additional charges calculated in accordance with our standard rates
applicable at the time. 2.2.4 Access to the collection or delivery point is inadequate or the approach is
unsuitable for our vehicles. 2.2.5 Any parking or other fees or charges that we have to incur and pay in
order to carry out the services you require. In all these circumstances you will
be responsible for the extra charges 2.3 Our quotation is not a guarantee that we have vehicles available on the
day you require. Accordingly, your signed acceptance of our quotation does
not constitute a contract between us until you have our written confirmation
that we can move your Goods on your required date. We will send our written
confirmation within one working day of our receipt of your acceptance of our
3 Work excluded from our quotations
Unless previously agreed in writing we will not:
3.1 Dismantle or assemble unit-furniture (flat-pack), fittings or fitments
3.2 Disconnect or reconnect appliances, fittings, or equipment.
3.3 Remove or lay fitted floor coverings.
3.4 Take down or re-hang curtains, blinds, or other window coverings (unless
previously agreed in writing)
3.5 Move night storage heaters unless they are dismantled.
3.6 Move or store any items excluded under Clause 4.
3.7 Move any item or items which our removal crew reasonably believe they
cannot move safely or the removal of which may damage the item or items in
question or its or their surroundings
3.8 Clear driveways or other access areas (at either collection or delivery
address) from snow or ice or other materials.
4 Excluded Property
The following items are specifically excluded from this contract and will not
4.1 Jewellery, watches, trinkets, precious stones, money, deeds, securities,
stamps, coins, or goods or collections of a similar kind. 4.2 Potentially dangerous, damaging, or explosive items.
4.3 Goods likely to encourage vermin or other pests or to cause infection.
4.4 Refrigerated or frozen food or drink.
4.5 Any animals and their cages or tanks including pets, birds, or fish.
4.6 Furs, perfumery, wines, spirits, tobacco, cigars, cigarettes, foodstuffs,
perishable goods, or any kind of explosives. Such goods will not be removed by us except without prior written agreement.
If you submit such goods without our knowledge and prior written agreement,
we will not be liable for any loss or damage except when death or injury is
caused by our negligence or that of our employees or agents and you will
indemnify us against any charges, expenses, damages, or penalties claimed against us by third parties. In addition, we shall be entitled to dispose of
(without notice) any such goods which are listed under paragraphs 4.2, 4.3,
4.4, 4.5 and 4.6.
4.7 Breakage of owner packed property unless the box or container shows
signs of external damage
5 Customer's responsibility
It is your sole responsibility to:
5.1 Declare to us the proper value of the Goods.
5.2 Obtain at your expense all documents necessary for the removal to be
5.3 Be present yourself or appoint a representative at the departure and
destination points to ensure that nothing is removed or left in error or is left in
the wrong room.
5.4 Prepare adequately and stabilise all appliances prior to their removal.
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.
6 Ownership of the goods
By entering into this contract, you confirm to us that:
6.1 The Goods are your own property.
6.2 You have the authority of the owner of the property to make this contract
in respect of the Goods.
You will be responsible to pay for any claim for damages and/or costs against
either of the above if this proves to be untrue.
If you postpone this contract, we may charge accordingly to how much notice
you provide prior to the agreed date: - 3 working days of notice (free of charge) - under 3 working days (60% of the removal charges)
If you cancel this contract, we may charge accordingly to how much notice you
provide prior to the agreed removal date: - 3-5 working days (20% of the total removals charges) - under 3 working days (60% of the removal charges)
8 Payment of Removal Charges
Unless you have our written agreement to the contrary you must pay our
charges, so we have cleared funds before or on the moving day(during office
hours) at the latest. Unless we agree otherwise, you may not withhold any part
of the agreed price. Interest at 2% per month calculated on a daily basis, is
charged on all overdue accounts.
Failure to comply with our payment terms will also mean that we will not insure
our liability for the goods.
9 Our liability for loss or damage
9.1 In the event that we lose or damage your goods, if we are liable, we will
pay you up to a maximum of £100.00 for each item which is lost or damaged,
to cover the cost of repairing or replacing that item. In this respect an item is
defined as any one article, suite, pair, set, complete case, package, carton
or another container.
9.2 We may choose to repair or replace the damaged or lost item. However, if
we choose to repair the item, we will not be liable for any depreciation in value.
9.3 Other than because of our negligence, we will not be liable for any loss,
damage, or failure to deliver the goods if it is caused by any of the following
circumstances: 9.3.1 Fire howsoever caused. 9.3.2 War, invasion, acts of foreign enemies, hostilities (whether war is
declared or not), civil war, terrorism, rebellion and/or military coup, Act of God,
industrial action, or other such events outside our reasonable control. 9.3.3 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. 9.3.4 Cleaning, repairing, or restoring unless we did the work. 9.3.5 Moth or vermin or similar infestation. 9.3.6 Electrical or mechanical derangement to any appliance, instrument, or
equipment unless there is evidence of external impact.
9.4 Additionally we will not be liable for any loss of or damage to: 9.4.1 Any goods in wardrobes, drawers, or appliances, or in a package, bundle,
case, or other container not both packed and unpacked by us. 9.4.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds,
securities, stamps, coins, or goods or collections of a similar kind, unless you
have previously given us full information including value, and we have
confirmed in writing that we will accept responsibility in accordance with 9.1
above 9.4.3 Goods which have a relevant proven defect or are inherently defective. 9.4.4 Animals and their cages or tanks including pets, birds, or fish.
9.4.5 Plants. 9.4.6 Refrigerated or frozen food or drink.
9.5 Other than because 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 deliver the goods.
Insurance 9A.1 We shall take out and maintain a contract of insurance in accordance
with the summary of terms provided to you providing cover to us for the Goods
and for the purposes of such insurance cover, the replacement value of the
Goods shall be the value of the Goods stated in the Quotation. 9A.2 If loss or damage occurs to the Goods as a result of any matter which may
result in a claim under such insurance cover, we shall notify the insurer
promptly of the claim and in any event within 2 business days of receipt from
you of a written direction to notify a claim in the form attached to the summary
For the purposes of processing any such claim You shall provide us, the insurer,
or any agent of the insurer appointed to investigate such claim with such
information and existence as may reasonably be required in relation to the
claim. We will also provide to you, or the insurer, or any agent of the insurer
appointed to investigate the claim, with such information and assistance in
relation to the claim as may reasonably be required. In addition, we will send
to you a copy of all correspondence with the insurer or any agent of the insurer
relating to the claim (including the notification). While we will, in accordance
with the previous provisions of this paragraph, notify claims to the insurer, we
are not under any circumstances obliged to start or threaten to start any legal
proceedings in relation to any such claim (unless specifically agreed with you in
writing). 9A.3 In the event that we make a claim under such insurance cover in respect
of damage or loss caused to the Goods, we shall pay or arrange for payment to
You that part of any proceeds of such claim made by us which relates to such
damage or loss to the Goods after deduction of any outstanding sums due to us
from you. For the avoidance of doubt, you acknowledge that our liability in
respect of any claim under such insurance cover is restricted to the payment to
You of those sums which we recover which relate to the Goods. 9A.4 We do not give any advice concerning the insurance cover referred to in
Condition 9A.1 and it is for you to make your own judgement whether such
insurance is appropriate to cover the Goods and risks to them. 9A.5 Nothing in this Condition 9A shall make us Your agent. 9A.6 There is a £250 policy excess charge for claims over £500.
10 Delays in transit
10.1 Unless we give a specifically agreed written timescale then arrival and
departure times are an estimate only.
10.2 If we do not keep to an agreed written time scale schedule and any delay
is within our reasonable control, we will pay your reasonable expenses which
arise as a result of our not keeping to the agreed written time schedule. If
through no fault of ours we are unable to deliver your goods, we will take them
into store. This contract will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense.
10.3 We shall not be in breach of this agreement or liable for delay in
performing, or failure to perform, any of our obligations under this agreement
if such delay or failure results from events, circumstances or causes beyond our
reasonable control including but not limited to adverse weather conditions. In
such circumstances we shall be entitled to a reasonable extension of time for performing such obligations, provided that if the period of delay or non-performance continues for 4 weeks then you may terminate this agreement,
without penalty by giving not less than 7 days written notice to us. 10.3.1 In the event that the agreement is terminated under clause 10.3 and we
have part performed any of our obligations under this agreement, including
but not limited to a completed or part-completed packing service and/or any
storage requirement, any charges incurred by us at the time of your
termination under clause 10.3 shall become chargeable in accordance with our standard rates applicable at the time. 10.3.2 In the event of termination under clause 10.3, any monies already paid
will be refunded save that we reserve the right to set off such sums as are due
to us under clause 10.3.1 10.3.3 We shall not be liable for any costs or charges you incur as a result of
the termination of the agreement under clause 10.3.
11 Damage to premises
We shall only be liable for damage to premises caused by our negligence. Any
damages to premises must be noted on the delivery receipt and confirmed in
writing to us within seven days unless you request a reasonable extension
which we agree in writing.
12 Time limits for claims
We will not be liable for any loss or damage to any goods unless any claim for
loss or damage is notified to us in writing by recorded delivery post or email
WITHIN SEVEN DAYS (this is a requirement of insurers) of either their collection
by you or delivery by us to their destination, unless you request a reasonable
extension which we agree in writing. Day one of seven to start the day after
either their collection by you or delivery by us to their destination.
13 Our rights to withhold or dispose of goods
We have a legal right to withhold or ultimately dispose of some or all of the
goods until you have paid all our charges and other payments due under this
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 as a result of our withholding your
goods and these terms and conditions will continue to apply.
14 Sub-contracting the work
14.1 We reserve the right to sub-contract some or all of the work for which we
have provided a quotation without reference to you. 14.2 If we sub-contract these conditions will still apply in full.
15 Storage services
The following terms in addition to all other terms set out in this document will
apply to all contracts for the storage of goods:
15.1 If you require storage facilities you are obliged to provide a forwarding
address and notify us in writing or by email if it changes. All correspondence
and notices will be deemed to have been received by you seven days after
posting it to the last forwarding address recorded by us.
15.2 All charges for storage services are payable in advance. All our storage
charges must be paid in full in cleared funds before any goods are released
from storage and we shall be entitled to exercise a lien over those goods until
we receive payment of all charges due from you to us.
15.3 If you wish to terminate your storage contract you should give at least 14
days' notice. Whilst we will use reasonable endeavours to arrange the release
of your goods on the dates you require, specific dates cannot be guaranteed.
15.4 If you choose someone else to collect your goods from our storage
facilities, we are entitled to make a charge for handing them over. Our
responsibility for such goods will cease upon their being handed over
to your chosen representative.
16 Whole agreement
These Terms and Conditions together with our quotation are intended to form
the whole agreement between us and to prevail over any verbal discussions.
Should we mutually agree to any variation of these terms such variation should
be confirmed in writing. Any variation however agreed shall never invalidate
the remainder of these Terms and Conditions.
This contract is subject to the laws of England and Wales if our principal place
of business is situated in England or Wales, or to the laws of Scotland if our
principal place of business is situated in Scotland.
By accepting our quote, you are instructing us to proceed with the services and
charges provided on our quotation and confirm that you have read,
understood, and accept our Terms and Conditions.