Terms & Conditions

CONDITIONS UPON WHICH ALONE WORK IS DONE, PROPERTY IS RMEOVED AND/OR PACKED AND/OR STORED BY COMPANY MOVES, HEREIN AFTER CALLED THE CONTRACTOR, AND WHERE THE PERSON OR COMPANY WHO CONTRACTS FOR THE CONTRACTOR'S SERVICES IS CALLED THE CUSTOMER

1. This contract (a) shall be deemed to have been entered into in the office of the Contractor stated on this form and shall be construed and governed by the law of the place in which that office is situated if that place be England, Scotland, Wales, Northern Ireland or The Republic of Ireland and if not it shall be construed accordingly to the law of England. (b) All work of whatsoever nature undertaken by the Contractor at the request of the Customer or his agent will be carried out subject to these terms and conditions only. No servant or agent of the Contractor or any other person has authority to alter or vary these conditions in any way.

2. Quotations may be amended by the Contractor and Customer agrees to pay any additional sums arising there from if:

(a) The quotation is not accepted within twenty eight days.

(b) The work is not started and completed within agreed time limits, the delay being attributable to the Customer.

Where a time schedule has been agreed in writing with the Customer the Contractor will meet expenses reasonably incurred by the Customer up to but not exceeding the cost of the removal or £100 whichever is the lesser amount if the delay is attributable to the Contractor. The Contactor shall not be liable for any such delay outside his control.

(c) Costs are altered by changes in taxation and/or freight or toll charges outside the control of the Contractor.

(d) Additional goods are removed and/or warehoused to which work these conditions apply.

(e) During the course of the work extra services are supplied at the request of the Customer or delay occurs beyond the control of the Contractor.

(f) It appears upon delivery of the goods that the work cannot be conveniently carried out by means of adequate staircases, lifts or doorways or there is not a suitable and practicable road and approach to the collection and/or delivery addresses for the Contractor's vehicle(s), unless any such difficulties are notified to the contractor at the time the quotation is submitted.

(g) All passageways, gangways and accesses are not sufficiently clear to allow unrestricted movement throughout the working areas.

(h) The contractor does not have free and unrestricted use of all lifts at the collection and delivery addresses.

(i) The removal is subject to utilisation of lifts and they are not operative at the time of removal and it is necessary to employ additional men to complete the work.

The Customer shall pay, or reimburse the Contractor for any parking or meter suspension charges necessarily incurred during the course of any work for the Customer unless originally allowed for in the Contractor's charges.

3. All customers entering into transactions of any kind whatsoever with the Contractor expressly warrant that they are either the owners or the Authorised Agents of the owners of all goods or property the subject matter of such transactions and are accordingly authorised to accept and do so accept all these Conditions on their own behalf and on behalf of all other interested parties.

4. It is the responsibility of the Customer to be present or arrange for a representative to be present to ensure that all items to be moved have been loaded and offloaded or in the case of an internal removal, to have been moved, and to ensure that no items are moved in error. The Contractor shall not be liable for damage or loss (howsoever caused) where goods are removed from or delivered to such unattended premises or where such other third parties are present. The Customer shall not submit for removal, storage, packing or unpacking any article or substance likely to encourage vermin or other pests or likely to cause infection, or any dangerous, damaging or explosive article or substance. The Contractor may, at his discretion, remove, sell, destroy or otherwise dispose of any such article or substance and will advise the Customer of any such action.

5. All monies owing ‘shall be paid' to the Contractors strictly in accordance with the terms of this contract without deduction and the Customer not to withhold or defer payment of any sum by virtue of any claim made by him against the Contractor.

6. If the work is cancelled or postponed by the Customer the Contractor shall be entitled to make the following charge:

(a) If more than ten working days before the removal was due to take place – NO CHARGE.

(b) If ten working days or less but more than seven working days – 15% of the charge.

(c) Seven working days or less – 20% of the charges.

7. Should the Customer elects to arrange his own insurance, he shall be deemed to have satisfied himself that its terms, conditions and exceptions are in all respects appropriate to his requirements and no claim shall lie against the Contractor for any incident which would have been insured under the Contractor's arrangements had the Customer accepted the Contractor's offer of insurance.

As the Contractor does offer insurance cover in respect of loss or damage to goods or plant upon which the Contractor is working or which are in transit (“the contract goods”) under a block policy granting a joint indemnity to the Contractor and the Customer (which offer requires acceptance in writing and payment of or agreement to pay the premium stipulated by the Contractor therefore,) the Contractor shall not be responsible for loss or damage in excess of the following limits:

(a) A sum calculated at the rate of £4.50 sterling per cubic feet of the cubic capacity of the item(s) list or damaged or at the Contractor's option the cost of repairing or replacing the damaged or missing article(s).

(b) In respect of articles being part of a pair or set the Contractor's liability shall be calculated by reference to the cubic capacity of the particular part or parts so lost or damaged irrespective of any special value which such article or articles may have as part of such pair or set. The Contractor shall not be liable at all for any loss, failure to produce or damage howsoever caused:

(i) By fire save that should the Contractor receive written instructions and a declaration of value three days prior to the commencement of the removal the Contractor will arrange insurance against this risk in the name of and for the account of the Customer.

(ii) By war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, insurrection or military or usurped power, wear and tear or gradual deterioration, leakage or deficiency of articles of a perishable or of a leaky nature, acts of God.

(iii) By vermin, moth or other infestation.

(iv) To any articles in any package, bundle, case item or furniture or other Container not both packed and unpacked by the Contractor's employees.

(v) To money, deeds, securities, stamps, coins or similar collection of any kind, jewellery, watches, trinkets or precious stones.

(vi) Where goods are proven to be brittle or to have an inherent defect.

(vii) Where goods are only packed or only packed and despatched by the Contractors no claim shall be made against them after the goods leave their hands for any damage of loss howsoever caused.

(viii) For any indirect or consequential loss or damage whatsoever and howsoever caused.

(ix) Arising from any process of cleaning, repairing or restoring unless such cleaning, repairing or restoring was carried out by the Contractor himself in which case the Contractor's liability shall be limited as defined in condition 7(a) above.

(x) Or reduction in quality of any furniture which is unsuitable for removal or transport (particularly system furniture sold in the form of dismantled kits), nor shall the Contractor having dismantled any such furniture at the instruction of the Customer be responsible for the quality or state of that furniture upon reassembly either by the Contractor or the Customer nor for any damage occasioned to the furniture during dismantling or reassembly.

8. The Contractor shall be under no liability howsoever for loss or damage arising unless notice of same be received by the Contractor in writing within the time stipulated below (time being the essence of the contract).

(a) Where goods are removed from the Contractor's warehouse by any persons other than the Contractor; at the time of handing over.

(b) In all other events; within seven days after delivery of the goods alleged to be damaged, or in the case of goods alleged to be lost or which the Contractor fails to produce, within seven days after the time when the goods should in the ordinary course have been delivered along or with other goods.

(c) All damage to premises must be notified on the delivery receipt and confirmed in writing within seven days after damage is alleged to have occurred (time being the essence of the contract) otherwise the Contractor shall not be liable.

The Contractor shall have the option of either arranging for such damage to be repaired or to meet the cost of such repairs save that the Contractor's liability shall not exceed £200 in any event.

9. The Contractor shall have a General Lien upon all goods in his possession for all monies due to him from the Customer or for liabilities incurred by him and for monies paid on behalf of the Customer, and it part of the goods shall have been delivered, removed, despatched or sold the general lien shall apply in respect of such goods as remain in the Contractor's possession. The Contractor shall be entitled to charge a storage charge and all other expenses during which a lien on the goods is being asserted and all these conditions shall continue to apply hereto.

The Contractor may at any time upon giving 28 days' notice in writing to the Customer, required the Customer to remove all goods within the Contractor's care, custody or control and to pay all monies due to the Contractor.

In the event of the Customer failing to remove the goods, the Contractor shall have the power to sell or otherwise dispose of the whole or part of the goods without further notice and apply the proceeds of sale towards payment of all sums due to the Contractor and any expenses incurred by reason of the sale or disposal. Any surplus will be paid over to the Customer without interest.

10. Should the Contractor be asked to pay any costs, charges or expenses in consequence of any claim made by the third party in respect of any goods removed, packed or warehoused or pay any damages arising out of any such claim or should he be liable to any penalty under statute or otherwise or put to any expense in recovering any charges due to him the same shall be recoverable from the Customer unless it be proved by the Customer that such costs, charges or expenses arose from the negligent act, error or omission of the Contractor.

11. The Contractor may at any time transfer the goods between vehicles and warehouses, and may also decide as to which route or by which means the goods shall be carried.

The right is reserved by the Contractor to sub-contract all or any part of any contract without notice to the other parties to such contract, and these conditions shall apply save where it is proved by the Contractor that any loss, damage or delay in transit occurred whilst the goods or the vehicle in which they were loaded were in the possession of such sub-contractor and that such loss, damage or delay was not caused by any act, error or omission or default or whatsoever nature of the Contractor. In such circumstances the Contractor's liability, if any, shall be limited or excluded as set out in the following clause (a).

(a) Should such loss, damage or delay occur then the liability of the Contractor shall be excluded or limited but not extended by reference to the terms conditions of statutes which define the extent of the liabilities of such sub-contractor. If no such terms, conditions or statutes are in existence then the liability of the Contractor shall be determined by reference to Condition 7 of this Contract.

(b) Should the Contractor enter into any other contracts as herein provided for then the liability of such sub-contractor or agent shall be defined as in Condition 7 and the Customer agrees not to seek from such sub-contractor or agent any sum in excess of the amounts provided for under this Contract.

12. A Customer sending goods to be stored shall provide an address to which all communications are to be directed and shall notify the Contractor of any change in such address without delay. All notices and communications shall be deemed to have been duly served and received seven days after posting if sent by post to the registered address or if there is no registered address by publication in a public newspaper circulating in the areas to or from which the goods were removed.

13. Where an inventory or receipt for the goods is provided it shall be final and conclusive between the Contractor and the Customer unless any discrepancy is pointed out in writing within seven days. No claim shall be made in respect of any item not described in the inventory or receipt.

14. Unless otherwise agreed in writing storage charges are payable monthly in advance whether formally demanded or not. When goods are removed from the warehouse storage charges in respect of any unexpired period will be credited to the Customer's account and any balance on the account due to the Customer at the end of the contract will be refunded. All charges including removal charges shall be paid before goods are removed from the warehouse. The Customer shall give the Contractor at least fourteen days' notice when goods are required from store and the Contractor may give the Customer 28 days' notice to remove his goods once the initial storage period agreed (if any) has expired and pay all charges thereon.

15. Storage charges are subject to revision annually. The Contractor shall give 28 days' notice to the Customer of the revised charge and any adjustment shall be effective from the next normal accounting period.

16. Should the Customer elect to make his own arrangements for collecting his goods from the Contractor's warehouse, the Contractor shall be entitled to make a charge for unstowing and handing over the goods. Should the Customer elect to make his own arrangements for delivering his goods to our warehouse the Contractor's warehouse, then the Contractor shall be entitled to make a charge for receiving, listing and stowing the goods away.

17. If any dispute, difference or question shall at any time hereafter arise between the parties hereto or their respective representatives in respect of any claim or counterclaim put forward on the part of the Customer against the Contractor in connection with or arising out of this contract or any extension thereof the claim shall be referred to the arbitrator, being a barrister of not less than ten years' calling to be appointed at the request of either party by the President for the time being of the British Association of Removers Ltd according to the laws for the time being governing the resolution of dispute by arbitration in the State or Country within which the Contractor's office concerned with the making of this contract shall be deemed to have been made. The cost of any such arbitration shall be in the discretion of the arbitrator and the award of such arbitrator shall be a condition precedent to any legal proceedings in a court of law in respect of any matters hereby agreed to the subject of arbitration. The arbitration shall, unless otherwise agreed to, be held in the town in which the Contractor's office from which the contract was deemed to have been made aforesaid is situated.