Full Terms and Conditions
Full Terms and Conditions
These conditions outline the rights, obligations, and responsibilities of all parties within this Agreement. “you” or “your” refers to the Customer, and “we,” “us,” or “our” pertains to the Remover. It is important to note that these terms and conditions can be altered or amended with prior written agreement. Pay close attention to Clauses 4, 9, 10, 11 and 12, which elucidate our liability regarding goods and property.
Table of Contents
- Our Quotation
- Work not Included in the Quotation
- Your Responsibilities
- Our responsibility
- Items Ineligible for Submission for Removal or Storage
- The Ownership of the Goods
- Fees in the Event of your Deferral or Cancellation of the Removal
- Payment
- Determination of the Extent of our Accountability for Loss or Damage
- Damage to Premises or Property other than Goods
- Exemptions from Liability
- Claims Time Limit
- Transit Delays
- Our Entitlement to Retain the Goods (Lien)
- Disputes
- Our Authority to Delegate the Services to a Subcontractor
- Route and Method
- Guidance and Information for International Removals
- Governing Law
- Your Address for Forwarding Communications
- Inventory or Receipt of Goods
- Modification of Storage Fees
- Our Right to Action or Dispose of the Goods
- Termination
- Force Majeure
- Our Quotation
- Work not Included in the Quotation
- Your Responsibilities
- Our responsibility
- Items Ineligible for Submission for Removal or Storage
- The Ownership of the Goods
- Fees in the Event of your Deferral or Cancellation of the Removal
- Payment
- Determination of the Extent of our Accountability for Loss or Damage
- Damage to Premises or Property other than Goods
- Exemptions from Liability
- Claims Time Limit
- Transit Delays
- Our Entitlement to Retain the Goods (Lien)
- Disputes
- Our Authority to Delegate the Services to a Subcontractor
- Route and Method
- Guidance and Information for International Removals
- Governing Law
- Your Address for Forwarding Communications
- Inventory or Receipt of Goods
- Modification of Storage Fees
- Our Right to Action or Dispose of the Goods
- Termination
- Force Majeure
1.Our Quotation
1.1 Our quotation does not encompass custom duties, inspections or any other government fees or taxes unless stated otherwise. It implies our acceptance of liability for your goods, subject to clauses 2.2, 3.2, 5.2, 5.3 and the provisions in clauses 4, 9, 10, 11 and 12.
1.2 We may adjust the price or add extra charges if circumstances become known that were not considered when preparing the quote and confirmed in writing. These circumstances may include:
1.2.1 IF you fail to confirm acceptance of our quotation in writing within 28 days, or if the work is not initiated or accomplished within a three-month period.
1.2.2 Our expenses may fluctuate due to currency variations or alterations in tax rates and freight charges that are beyond our influence.
1.2.3 The services are performed at your request on a Saturday, Sunday, or public holiday or during hours outside the standard time frame (08:00-20:00).
1.2.4 Upon your request, we are obliged to collect or deliver goods located on floors above the ground level and the first floor.
1.2.5 Should you opt to retrieve any portion or the entirety of the goods from our warehouse, we reserve the right to impose a handling fee.
1.2.6 We provide supplementary services, encompassing the relocation or storage of additional goods, subject to the terms and conditions applicable to such tasks.
1.2.7 When staircases, elevators or entrances do not facilitate the unobstructed movement of the goods without the use of mechanical equipment or structural modifications or when the access path, road or driveway proves unsuitable for our vehicles and/or containers to load and/or unload within a 20-meter radius of the entrance.
1.2.8 We must cover parking or any other applicable fees and charges to conduct services on your behalf.
1.2.9 Delays or unforeseeable circumstances beyond our control may result in an increase in resources or an extension of the time required to fulfill the agreed-upon work.
1.2.10 We provide written agreement to raise the liability limit established in the clause 9.1.1
1.3 In such situations, modified fees will be applicable and must be settled.
2. Work not Included in the Quotation
2.1 Unless we grant written approval, we shall not:
2.1.1 Disassemble or reassemble unit or system furniture (flat-pack), fixtures or fittings.
2.1.2 Disconnect, reconnect, disassemble, or reassemble appliances, fixtures, fittings, or equipment.
2.1.3 Remove or install fitted floor coverings.
2.1.4 Transport items from an attic only if it is well-illuminated, floored and offers secure access.
2.1.5 Relocate or store any items that fall within the exclusions listed in Clause 5.
2.2 Our personnel lack the authorization or qualifications required for performing such tasks. We advise that you engage a suitably qualified individual separately to handle these services.
3. Your Responsibilities
3.1 The exclusive responsibility for this will rest with you to:
3.1.1 You shall formally declare in writing the value of the goods slated for removal and/or storage. In the event that it is subsequently determined that the value of the removed or stored goods surpasses the value you originally declared, you hereby consent to an adjustment of our liability as outlined in clause 9.1, in accordance with the ration between your declared value and the actual value of the goods.
3.1.2 You are responsible for securing, at your own cost, all essential documents, permits, authorizations, licenses, and custom documentation required to facilitate the completion of the removal process.
3.1.3 You are required to be personally present or have a designated representative during the collection and delivery stages of the removal process.
3.1.4 You must ensure that an authorized signature is affixed to the agreed-upon inventories, receipts, waybills, job sheets or any other pertinent documents as a means of confirming the collection or delivery of goods.
3.1.5 You must take all reasonable measures to guarantee that nothing that should be removed is inadvertently left behind and that nothing is erroneously taken away.
3.1.6 You are responsible for arranging adequate protection for goods situated in unoccupied or unattended premises or in locations where other individuals, including but not limited to tenants or laborers, are or will be present.
3.1.7 Thoroughly prepare and secure all appliances or electronic equipment before their removal.
3.1.8 Prior to removal, ensure that refrigerators and deep freezers are emptied, defrosted, and cleaned. Please note that we bear no responsibility for the contents thereof.
3.1.9 Furnish us with a contact address for communication purposes throughout the transit and/or storage of goods.
3.2 Except in cases resulting from our negligence or a breach of contract, we shall not be held responsible for any loss, damage, expenses, or supplementary fees that may occur due to the failure to fulfill these obligations.
4. Our responsibility
4.1 Our obligation is to provide your goods to you without any damage or to make them available for your collection. When we refer to “undamaged,” we indicate that the goods should be in the identical condition as when they were initially packed or prepared for transportation and/or storage.
4.2 If we have committed to packing the goods or preparing them for transportation and/or storage, we are accountable for delivering them to you without any damage or for making them available for your collection. Once more, when we refer to “undamaged,” we signify that the goods should be in the identical condition as they were immediately before being packed or prepared for transportation or storage.
4.3 Should we be unable to fulfill the obligations outlined in clauses 4.1 and 4.2, we will, in accordance with the terms specified in clauses 9, 11 and 12, assume liability under this agreement to provide compensation for such shortcomings.
4.4 We shall not be held responsible for providing compensation in cases where clauses 2.2, 3.2, 5.2 and 5.3 are applicable, unless the loss or damage can be attributed to our negligence or breach of contract.
4.5 In the event that you do not furnish us with a declaration of your goods’ value or do not request us to assume standard liability in accordance with clause 9.1, we shall not be held liable to compensate you for the failure to fulfill the obligations specified in clauses 4.1 and 4.2, unless such failure can be attributed to our negligence or a breach of contract.
4.6 The extent of our liability under this provision will be established in compliance with the terms set forth in clauses 9 and 11.
5. Items Ineligible for Submission for Removal or Storage
5.1 Unless granted written consent by a director or another authorized company representative, the fallowing items are strictly prohibited from being entrusted for removal or storage and will, under all circumstances, not be handled or stored by our company. The items delineated in 5.1.1 below pose potential threats to health, safety, and fire hazards. The items detailed in 5.1.2 to 5.1.6 below involve additional risks and it is incumbent upon you to make your own arrangements for their transportation and storage.
5.1.1 Goods that are forbidden or have been reported as stolen, illicit drugs, explicit adult content and potentially harmful, destructive, or explosive items such as gas canisters, aerosols, firearms, and ammunition are strictly prohibited.
5.1.2 Items including jewelry, watches, trinkets, precious stones or metals, currency(money), deeds, securities, stamps, coins or any items or collections of a comparable nature are encompassed in this exclusion.
5.1.3 Plants or items that may promote vermin or other pests, or lead to infestation or contamination, are not permissible.
5.1.4 Perishable items and those necessitating a controlled environment are not permitted.
5.1.5 No animals, birds or fish of any kind are allowed.
5.1.6 Items that necessitate a special license or governmental authorization for export or import are excluded.
5.2 In the event that we do consent to the removal of such items, our liability for loss or damage will only be acknowledged in cases where negligence or a breach of contract on our part is established, in which instance all of these conditions will be in effect.
5.3 In the event that you present such goods without our prior knowledge, we will arrange for their retrieval, and should you fail to collect them within a reasonable timeframe, we will seek a court order for the proper disposal of such goods from the consignment without prior notification. Additionally, you shall be responsible for covering all fees, costs, damages, legal expenses, or penalties incurred by us in this regard.
6. The Ownership of the Goods
6.1 Upon entering into this contract, you affirm that:
6.1.1 The items intended for removal and/or storage are either your own property, or
6.1.2 The individual(s) who hold ownership or a vested interest in these items have granted you the necessary authorization to enter into this agreement and have been duly informed of these stipulations.
6.1.3 You shall be responsible for settling any claims for damages and/or expenses that may be raised against us in the event that either of the warranties described in sections 6.1.1 or 6.1.2 proves to be false.
7. Fees in the Event of your Deferral or Cancellation of the Removal
7.1 In case you decide to reschedule or annul this contract, the charges imposed will be contingent on the amount of prior notice provided. “Working days” pertain to the regular workweek from Monday to Friday, excluding weekends and public holidays.
7.1.1 If the postponement or cancellation occurs more than 10 working days before the scheduled commencement of the removal: No fees will be incurred.
7.1.2 If the postponement or cancellation falls between 5 and 10 working days inclusive before the scheduled commencement of the removal, a charge of no more than 30% of the removal cost will be applied.
7.1.3 If the postponement or cancellation occurs less than 5 working days before the scheduled commencement of the removal, a charge of no more than 60% of the removal cost will be applied.
8. Payment
8.1 In the absence of a written agreement with us stating otherwise, full payment in cleared funds is mandatory prior to the commencement of the removal or storage period. Should such payment not be made, we retain the right to withhold the initiation of the removal or storage until the requisite payment is received.
8.2 All fees for storage services must be settled using a debit card or if specified by us, through direct debit or standing order.
8.3 Should you fail to make payment for our storage charges via direct debit or standing order on the due date, we may impose an administrative fee, calculated as the higher of 10% of the storage charges or £20 plus VAT.
8.4 For all outstanding sums owed to us, we will apply daily interest calculated at a rate of 10% per annum above the current base rate of the Bank of England or £15 plus VAT, whichever amount is higher. This interest accrues from the due date of payment until the actual payment date, encompassing all accumulated interest, regardless of whether payment is made before or after a judgment is rendered and irrespective of whether we opt to exercise our right of sale as stipulated in this Agreement.
8.5 In the event that we engage a debt collection agency to recover any debt owed by you, you hereby consent to paying an extra administration fee of £15 plus VAT to cover our supplementary administrative costs. Additionally, you agree to reimburse us for any fees imposed upon us by the agency. You further agree to remit an additional administration charge of £15 plus VAT for each subsequent administrative action we undertake resulting from your failure to make timely payments, such as for each correspondence seeking payment.
9. Determination of the Extent of our Accountability for Loss or Damage.
9.1 Standard Liability.
9.1.1 Except as provided in clause 3.1.1, the extent of our responsibility to you for loss or damage to such goods in violation of clause 4 shall be ascertained in accordance with clauses 9.1.2, 9.1.3 and 11 outlined below, with the condition that our maximum liability is capped at £50,000, unless otherwise stipulated in a written agreement with us. If we consent to assuming liability beyond this amount, we may impose an additional fee.
9.1.2 If your goods are lost or damaged in violation of clause 4, our responsibility to you will be determined as an amount equal to the expense of repairing or replacing the goods, whichever amount is lower. This assessment will consider the age and condition of the goods immediately preceding their loss or damage and will be subject to the maximum liability of £50,000 mentioned in clause 9.1.1 unless we have reached an agreement with you for a higher sum.
9.1.3 In cases where the lost or damaged item is a component of a pair or set, our responsibility to you, when evaluated as the replacement cost of that particular item, will be determined as the cost of that item individually, not the cost of the item as part of a pair or set.
9.2 Limited Liability.
9.2.1 If you opt not to request our acceptance of Standard Liability as per clause 9.1, then our responsibility to you will be evaluated according to clauses 9.1.3, 9.2.2 and 11.
9.2.2 If there is a loss or damage to your goods due to our negligence or breach of contract, our liability to you will be determined as an amount equal to the cost of their repair or replacement, considering their age and condition immediately prior to the loss or damage. However, this liability is subject to a maximum cap of £40.00 per item. Please be aware of clause 11.1, which pertains to Limited Liability.
9.3 Standard Liability for goods destined for/or received from a location outside the UK. We will solely consider Standard Liability if you furnish us with a comprehensive valuation of your goods using the valuation form that we supply. All other provisions in Clause 9.1 will be applicable.
9.4 An item is defined as:
9.4.1 The complete contents of a box, parcel, package, carton, or similar container; and
9.4.2 Any other object or thing that is transported, handled or stored by us.
10. Damage to Premises or Property other than Goods
10.1 As third-party contractors are frequently present during collection or delivery, our liability for loss or damage is subject to the fallowing limitations:
10.1.1 If we are responsible for loss or damage to premises or property other than the goods being moved due to our negligence or a breach of contract, our liability is restricted to the repair of the damaged area only.
10.1.2 If damage occurs while moving goods based on your explicit instructions, despite our advice that such movement is likely to cause damage, we shall not be held liable.
10.1.3 If we are accountable for causing damage to your premises or property other than the goods submitted for removal and/or storage, you must promptly record this on the worksheet or delivery receipt or within a reasonable timeframe. This is a crucial aspect of the Agreement.
11. Exemptions from Liability
11.1 Concerning Limited Liability, we shall not assume liability for the loss or damage to your goods resulting from fire or explosion, regardless of the cause, unless we are found to be negligent or in breach of contract.
11.2 Under both Standard Liability and Limited Liability, except in cases of our negligence or a breach of contract, we shall not be held responsible for any loss, damage to, or inability to deliver the fallowing items:
11.2.1 Bonds, securities, all types of stamps, manuscripts, electronically stored data records and mobile telephones.
11.2.2 Plants or items likely to attract vermin or pests or that may lead to infestation or contamination.
11.2.3 Perishable items or those necessitating a controlled environment.
11.2.4 Furs valued at over £100.00, jewelry, watches, precious stones and metals, currency(money), coins and deeds.
11.2.5 Any animals, birds, or fish.
11.3 Regarding both Standard Liability and Limited Liability, except in cases of our negligence or a breach of contract our liability shall not extend to cover any loss, damage, or failure to deliver the goods under the fallowing circumstances:
11.3.1 Including but not limited to war, invasion, actions of foreign adversaries, hostilities (whether or not war has been officially declared), civil war, terrorism, rebellion, military coups, acts of God, labor strikes or other events beyond our reasonable control.
11.3.2 Loss or damage resulting from ionizing radiation or radioactive contamination.
11.3.3 Loss or damage resulting from chemical, biological, biochemical, electromagnetic weapons, and cyber-attacks.
11.3.4 Due to the regular wear and tear, natural or gradual deterioration, leakage, evaporation or because of perishable or unstable goods. This encompasses items left within furniture or appliances.
11.3.5 By infestation from pests, moths, insects, and similar creatures, as well as by exposure to dampness, mold, mildew, or rust.
11.3.6 Except when we have arranged for such work to be performed, we shall not be liable for loss or damage resulting from cleaning, repairing, or restoring.
11.3.7 Due to alteration in atmospheric or climatic conditions.
11.3.8 For any items within wardrobes, drawers, appliances, or within a parcel, bundle, carton, box, case, or any other container that have not been both packed and unpacked by our personnel.
11.3.9 Loss or damage to delicate items such as china, glassware, and fragile objects will only be covered if they have been professionally packed and unpacked by us or our subcontractors. In the event of an incident involving an owner-packed container where damage would have occurred regardless of the packing quality, our liability is limited to £100.00 or its actual value, whichever is lower.
11.3.10 We shall not be held responsible for any electrical or mechanical malfunction of appliances, instruments, clocks, computers, or other equipment unless there is unmistakable evidence of associated external damage.
11.3.11 Loss or damage to motor vehicles resulting from scratches, dents, or surface blemishes will not be covered unless you have obtained a pre-collection report from us.
11.3.12 We shall not be held liable for any items with pre-existing defects or that are inherently defective.
11.3.13 Loss of the structural stability of furniture constructed from particle board due to the disintegration of the board.
11.4 None of our employees can be held individually responsible to you for any loss, damage, mis-delivery, errors, or omissions as defined by the terms of this Agreement.
11.5 Our responsibility will terminate when the goods are transferred from our storage facility or when the delivery process is successfully concluded (refer to Clause 12.2 for further details).
12. Claims Time Limit
12.1 In the case of goods delivered by us, you are required to promptly notify us in writing of any visible loss, damage, or non-delivery of any items at the time of delivery.
12.2 If you or your representative pick up the goods, it is essential that you inform us in writing of any loss or damage when the goods are handed over to you or your representative.
12.3 Regardless of the provisions in clauses 9, 10, and 11, we will only consider liability for any loss or damage to the goods if a claim is reported to us or to our agent, or the company responsible for collecting or delivering the goods on our behalf, in writing as soon as such loss or damage is discovered (or should have been discovered with a reasonable diligence). This claim must be made within seven (7) days of the goods being delivered by us, provided that your account is up to date, including any outstanding storage charges.
12.4 The timeframe for informing us of your claim may be prolonged if we receive a written request from you. This request must be submitted within seven (7) days of delivery. We will not unduly withhold our consent to such a request.
13. Transit Delays
13.1 Except in cases of our negligence or contract breach, we shall not be held responsible for delays during transit.
13.2 If, without any fault on our part, we cannot complete the delivery of your goods, we will arrange for their storage. At that point, the Agreement will be considered fulfilled, and any further services, such as storage and subsequent delivery, will be your responsibility and incurred at your expense.
13.3 Any transit times provided by us are approximations and are established based on the information available to us at the time. These transit times can be subject to variations due to numerous factors that are beyond our control, including but not limited to alterations in sailing or departure schedules by the freight/shipping company, adjustments in the routes chosen by the freight/shipping company, and port congestion. We will promptly inform you of any significant modifications to the estimated transit times once we are made aware of them. Please note that we shall not be held responsible for any loss or damage you may incur due to delays in transit, except in cases where such delays can be directly attributed to our negligence or a breach of our contractual obligations.
14. Our Entitlement to Retain the Goods (Lien)
“Lien” refers to the legal entitlement of the party performing the removal service to retain possession of the goods until such time as the customer settles all unpaid fees and charges.
We retain the privilege to retain and, if necessary, release certain or all of the goods if you do not fulfill your obligation to make payments, including charges and any other outstanding payments as specified in this Agreement or any other agreement, which may encompass fees we have disbursed on your behalf. Please refer to Clause 23 for further details.
During the period in which we retain possession of the goods, you shall remain responsible for settling all storage fees and any associated expenses (including legal expenses) that we reasonably accumulate in the process of reclaiming our charges and exercising our right to retain the goods.
These Terms and Conditions will persist in effect.
15. Disputes
In the event of a dispute stemming from this agreement that remains unresolved, and with the mutual consent of both parties, either you or we may opt to engage an arbitrator designated by the Chartered Institute of Arbitrators.
The expenses associated with such arbitration shall be determined at the arbitrator’s discretion.
It’s important to note that this provision does not affect your right to initiate legal proceedings in court.
16. Our Authority to Delegate the Services to a Subcontractor
16.1 We retain the privilege to delegate any portion or the entirety of the services to a subcontractor.
16.2 In the event of subcontracting, these Terms and Conditions shall remain in force.
17. Route and Method
17.1 We retain the authority to determine the approach and pathway for executing the services.
17.2 Unless expressly stipulated otherwise in written form within our Quotation, unutilized capacity within our vehicles and/or containers may be allocated for shipments from other clients.
18. Guidance and Information for International Removals
We will make every reasonable effort to offer you current guidance to facilitate the import/export of your possessions.
Information pertaining to subjects such as national or regional laws and regulations, which can be altered or reinterpreted at any time, is supplied in a bona fide manner, and is established upon presently recognized circumstances. It is your obligation to seek suitable counsel to authenticate the correctness of any information supplied.
19. Governing Law
This agreement is governed by the laws of the jurisdiction in which the office of the company issuing this contract is located.
20. Your Address for Forwarding Communications
20.1 If you instruct us to store your goods, you must furnish a current and accurate address along with a valid telephone number, and promptly inform us of any changes. Your designated address for receiving notice shall be the one indicated on our quotation or any other address you have previously communicated to us in writing. All correspondence and notices will be deemed as delivered to you at the time of personal handover or, if sent via mail, forty-eight (48) hours after posting.
20.2 Any notifications required during the execution of this contract may be transmitted via email, and you are responsible for furnishing us with an accurate and current email address for such notifications before the removal date. An emailed notification shall be considered served on the date of dispatch to the correct email address.
20.3 In the event that you do not furnish an address or fail to acknowledge our communications or notifications, we retain the right to publish these notifications in a publicly circulated newspaper within the vicinity from which the goods were either transported to or from. Such notification will be deemed received by you seven (7) days after the newspaper’s publication date. Please be aware that if we encounter difficulties in contacting you, any expenses incurred in determining your location will be charged to you.
21. Inventory or Receipt of Goods
If we generate a list of your goods (inventory) or a receipt and transmit it to you, it will be deemed precise and correct unless you contact us within 10 days from the date of dispatch or within a mutually agreed reasonable period, notifying us of any discrepancies or omissions.
22. Modification of Storage Fees
We periodically assess our storage charges. You will receive written notification of any fee increases at least 30 days in advance.
23. Our Right to Action or Dispose of the Goods
In the event of overdue payment of the charges associated with your goods, and after issuing a three-month notice, we retain the right to demand the removal of your goods from our custody, and you must settle all outstanding debts. Should you fail to clear all the outstanding amounts owed to us, we may proceed to action or dispose of some or all the goods without further notice. The expenses incurred in the sale or disposal will be your responsibility. The net proceeds will be applied to your account, and any surplus, if any, will be reimbursed to you without interest. If the complete amount owed is not received, we may pursue legal action to recover the remaining balance from you.
24. Termination
If your payments are current, we will not terminate this contract except by furnishing you with a written three months’ notice. In the event you wish to terminate your storage contract, you must provide us with a minimum of 10 working days’ notice (working days as defined in Clause 7 above). If it is possible to release the goods earlier, we will endeavor to do so, provided your account is fully settled. Storage charges will be payable up to the effective date of the notice. While we will make reasonable efforts to facilitate the release of your goods on your requested dates, we cannot guarantee specific dates.
Should you designate a third party to collect your goods from our storage facility, we reserve the right to request proper identification and authorization from you and impose a reasonable administrative fee for arranging the handover. Our liability for such goods will terminate upon their transfer.
25. Force Majeure
A party shall not be held accountable for any inability to fulfill or delay in the execution of this agreement for the duration during which such inability or delay is beyond the reasonable control of that party, significantly hinders the fulfillment of any of its obligations under this agreement, and could not have been reasonably foreseen or prepared for, except it will exempt for failure or delay arising solely from general economic conditions or other prevailing market influences.
I acknowledge receipt of your Terms and Conditions of contract and affirm that I have reviewed and accepted them. I certify that I possess full authority to enter into this contract.
If you fail to establish a value for your goods before their collection or storage, then our Limited Liability, as outlined in Clauses 9.2 and 11 of our Terms and Conditions, will be enforced.