These conditions set out the terms of the contract between the Removal
Contractor ("the Contractor") and you ("the Customer") and explain your
rights and obligations and responsibilities and those of the Contractor.
Based solely upon standard removal trade Terms & Conditions.
1 Interpretation
Any reference in these conditions to "we" or "us" is a reference to the
Contractor.
1.1
Any reference in these
conditions to "you" is a reference to the Customer.
1.2
"Goods" means the goods being
removed and/or stored.
2
Quotations
2.1
Quotations 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 provide
a quoted price we reserve the right to amend it or make additional charges
if any of the following have not been taken into account when preparing the
quotation:-
2.2.1 If due to any
circumstances outside our control the work is not carried out or completed
within three months of the quotation date
2.2.2 Our costs increase
as a result of currency fluctuations or changes in taxation or freight
charges beyond our control
2.2.3 We have to collect
or deliver Goods above the first upper floor
2.2.4 We supply any
additional services
2.2.5 There are delays
outside our reasonable control in which event we will make an additional
charge for waiting time calculated in accordance with our standard rates
applicable at the time.
2.2.6 Access to the
collection or delivery point is inadequate or the approach is unsuitable for
our vehicles.
2.2.7 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 we have vehicles on the day you require.
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.
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
4 Excluded Property
The following items are
specifically excluded from this contract and will not be removed: -
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
Cars, boats and caravans.
4.7
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. 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 completed.
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;
or
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.
7 Postponements/Cancellations
7.1 If you postpone or
cancel this contract, we must be notified in writing (or email), or we may
charge you according to how much notice you provide
prior to the agreed removal date:-
|
Between 4-7 days: |
50% of the total removal
charges |
|
3 days: |
60% of the total removal
charges |
|
1-2 days: |
80% of the total removal
charges |
|
Less than 24 hours: |
90% of the total removal
charges |
7.2 Condition 7.1 will
not apply if you elect to take any removal postponement/cancellation
protection waiver for which we have quoted.
8 Payment of Removal Charges
Unless you have our
written agreement to the contrary you must pay our charges so we have
cleared funds in advance of the removal. 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.
We reserve the right to
terminate this contract if payment is not received before the removal date,
and not to carry out any services quoted for. Failure to comply with our
payment terms will also mean that the Goods are not insured.
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
£50.00 sterling 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 other
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.
(Extra) Insurance
Option
9A This Condition applies
only if You have accepted the extra Insurance Option. In that event, the
following provisions of this Condition 9A shall apply.
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 of
terms. 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.
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.
11 Damage to premises
We shall only be liable
for damage to premises caused by our negligence. Any damages to premises
must be reported to us at the time of delivery and details put in writing to
us via email within 24 hours. We will then send you a receipt email for your
claim.
12 Time
limits for claims
We will not be liable for
any loss or damage to any goods unless reported to us at the time of
delivery and details put in writing to us via email within 24 hours. We will
then send you a receipt email for your claim.
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 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.
16 Jurisdiction
This contract is subject to the laws of Scotland if our principal place of
business is situated in Scotland.
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