TERMS AND CONDITIONS
This contract explains the rights and responsibilities of the customer and the removal and/or storage contractor. The contract gives the customer some rights to compensation if the contractor is responsible but as risks are involved the insurance shown on the front of the contract is strongly advised. Insurance cover is not effective until the premium has been paid to the contractor.
1. All work of whatsoever nature undertaken by the contractor at the request of the customer or his agent will only be carried out subject to these terms and conditions. No servant or agent of the contractor or any other person has authority to alter or vary these conditions in any way.
AMENDMENTS TO ESTIMATES
2. Estimates are subject to amendment by the contractor if:
(a) The quotation is not accepted by the customer within twenty-eight days.
(b) The work is not completed within three months, if the customer has caused the delay,
(c) The costs increase because of changes in the value of Foreign Currency and/or freight, ferry or toll charges outside the control of the contractors.
(d) Additional goods are removed and/or warehoused.
(e) Goods are collected or delivered to premises above second floor unless the contractor has agreed in writing.
(f) Extra services are supplied at the customer’s request.
(g) Delay occurs beyond the control of the contractor.
(h) The stairs, lifts or doorways are inadequate for delivery or unsuitable road or approach to the delivery address, unless notified in writing by the customer of these problems.
In all these circumstances the customer agrees to pay an additional sum.
OWNERSHIP OF PROPERTY
3. By accepting this contract the customer declares that the property handed to the contractor is either his/her unencumbered property or that he/she has the full and absolute authority of all persons owning or interested in the property to enter into the contract upon their behalf and agrees to indemnity the contractor against any claims, costs and demands made against him arising from any claim made to the goods by any third party.
WORK NOT INCLUDED
4. Estimates do not include unless agreed in writing by the contractor taking down or putting up of unit furniture, fitments and fixtures, or billiard tables; disconnecting or reconnecting appliances or fittings, laying of fitted floor covering; refixing of blinds, curtains, mirrors, cornices or other fittings: rehanging of pictures; moving loaded deep freezers, moving night storage heaters unless they are dismantled; or any other items specifically excluded in writing by the contractor. Should such work be undertaken by any employee of the contractor then the contractor shall not be liable for any loss or damage, however, this contract will still apply to such work and an extra charge will be payable.
5. The customer should be present or represented during the removal to check that nothing required to be moved is left behind and that no goods or fixtures are taken in error, also that protection is arranged for articles left in unattended premises or where third parties are present. Customers who choose to pack their own contents in boxes/bags are liable for any damage that occurs inside of said unseen boxes/bags. The contractor will not under any circumstances accept responsibility for or be liable in respect thereof.
ARTICLES NOT TO BE SUBMITTED FOR REMOVAL OR STORAGE
6 (a) Jewellery, watches, trinkets, precious stones, money, deeds, securities, stamps, coins, or similar collections of any kind and/or livestock; any dangerous, damaging or explosive article or substance.
(b) Livestock, plants, foods or goods likely to encourage vermin or other pests should not be submitted for storage.
The contractor at his discretion, may remove, destroy or dispose of any such article or substance.
7. Unless otherwise agreed in writing the contractor’s charges shall be paid seven days in advance of the date of removal, and the customer agrees not to withhold or deter payment of any sum by virtue of any claim made by him against the contractor.
CANCELLATION BY THE CUSTOMER
8. If the work is postponed or cancelled by the customer within ten working days or less, then the contractor shall be entitled to charge 30% of the removal charge.
LIABILTY OF THE CONTRACTOR
9. Loss or damage of goods
The liability (if any) of the contractor for loss, damage and/or failure to produce shall be subject to the following limitations:
(a) The cost of repairing or replacing the damaged or missing article, or
(b) The sum calculated at the rate of £4.50 Sterling per cubic foot of the cubic capacity of the item lost or damaged.
The contractor having the option of (a) or (b).
The contractor shall not be liable for loss, damage and/or failure to produce if caused by those circumstances set out in conditions 9c, 9d, 9e.
By fire or flood
By moth, vermin or insects
By war invasion, riot, civil deterioration, leakage or deficiency of articles of a perishable or leaky nature.
Wear and tear and gradual deterioration, leakage or deficient of articles of a perishable or leaky nature.
To any articles in wardrobes or drawers or in any package, bundle, case or other container not packed by the contractors employees.
To jewellery, watches, trinkets, precious stones, money, deeds, securities, stamps, coins or similar collections of any kind.
To livestock or plants.
Where articles are removed from or delivered to unattended premises or where third parties are present.
Where articles are proven to be brittle or inherently defective or such a condition that they cannot be removed without risk of damage.
To the mechanism and/or adjustment of clocks, barometers, pianos, scientific, musical and other instruments, electrical apparatus or refrigerators/freezers.
Where fitted carpets have to be uplifted by the contractor.
Alleged consequential loss in any circumstances.
(d) Deep Freezers
The contractor shall not be liable for damage sustained to any deep freezer in which goods are packed howsoever caused including negligence: for loss or damage to any contents, for death, injury, sickness or disease to any person arising from the removal and/or storage of any deep freezer.
(e) System or Kit Furniture
The contractor shall not be liable for damage to or reduction in quality of any furniture which is unsuitable for removal particularly system furniture sold in the form of dismantled kits or shall the contractor having dismantled any such furniture be responsible for its quality or state when reassembled.
DAMAGE TO PREMISES
10. 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 of the essence) otherwise the contractor shall not be liable. The contractors shall have the option of either having the damage repaired or to meet the cost of repair save the contractors liability shall not exceed £200 in any event.
DELAYS IN TRANSIT
11. Every endeavour will be made to carry out the work at the time desired but the contractors shall not be liable for any loss from any cause beyond their control e.g. delay in railway, road or sea transit, mechanical breakdown, stress of weather or labour troubles. If any form of delay occurs due to the customer then an additional charge may be made by the contractor.
TIME LIMIT FOR CLAIMS
12. All claims for damage or loss or failure to produce shall be made in detail in writing within 7 days (time being of the essence of the Contract).
(a) Where goods are removed from the contractors warehouse by any persons other than the contractors at the time of handing over.
(b) The contractors shall be under no liability unless a claim is so made within the time stipulated. Any completed claim to be received within a further 7 days from date of receipt with the above same stipulation.
(c) Our Goods In Transport Insurance provides indemnity cover. Our insurance provider will take into account general depreciation.
PAYMENT OF CHARGES TO THIRD PARTIES
13. The contractors are hereby authorized to pay all charges claimed by any removal/storage contractor carrier or freight forwarder and any other charges raised whatsoever upon the goods and the customer agrees to reimburse the contractor such charges.
LIEN NOTICE AND POWER OF SALE
14. The contractors shall have a general lien upon all goods in their possession for all monies due to or liabilities incurred by them and if part of the goods has been delivered removed, despatched or sold the contractor shall have a general lien upon the remainder of such goods for such monies and liabilities incurred by them. The contractors shall be entitled to charge storage fees and other expenses incurring during all periods which a lien on the goods is being asserted and all these conditions shall apply. Further if the contractors exercise their right on any articles which they have removed then if their charges are not paid within thirteen weeks after they had first retained any article, the contractors shall have the power without giving any notice to sell the whole or any part of the consignment to pay the said charges and expenses of sale.
15. If the customer makes any claim upon or counter claim to any claim made by the contractors the same shall in case of difference be referred to the decision of two arbitrators (one appointed by each party). All the provisions of the Arbitration Act 1889 or any modification in force for the time being shall apply. The arbitration shall unless otherwise agreed be held in the town in which the contractors’ office at or from which the contract was made is situate and the making of an award shall be a condition precedent to any right of action or counter-claim.
SUB-CONTRACTING AND INTERCHANGING
16. The contractors may at any time during any removal interchange the goods between vehicles and during storage from the warehouse to another. The contractors may also decide as to which route or by which means the goods shall be carried. Any deviation from any route shall not affect the contractor’s liability. The contractor may enter into any contract with any other contractor to carry out the whole or any part of the contract. Where sub contractors are employed the contractor shall endeavour to advise the customer in advance. Additional conditions regarding storage of goods.
17. A customer sending property to be stored shall furnish an address to which communications are to be directed, the register his or her signature with the contractors. The customer shall during the currency of the agreement notify any change of such address.
18. If an inventory or receipt for the goods is provided it shall be final and conclusive between the contractor and the customer except as to any specific item mentioned in writing within the seven days. No claim shall be made in respect of any item not described in the inventory or receipt.
19. Unless otherwise agreed in writing, charges for storage shall be due and payable as stated and shall be exclusive of the cost of removing, packing, stowing away or unstowing and/or delivering. All charges including removal charges must be paid before any goods may be taken out of store.
REVISION OF STORAGE CHARGES
20. Storage charges are subject to revision annually and the customer agrees to pay the contractor any increased charges which may result from such revision. The contractor shall give twenty-eight days notice of the revised charge and any adjustment shall be effective from the beginning of the next normal accounting period.
TERMINATION OF THE CONTRACTOR
21. If payments are up to date the contractor shall not terminate the contract, except by giving thirteen weeks notice to the customer
(a) If any sum owing from You to Us under this Agreement or any other agreement between You and Us (in this Condition called “Your Debt”) is not paid when due, then We have the rights set out in this Condition 21.
(b) In the event that Your Debt is not paid promptly or You fail to collect the Goods after We have required You to We may sell the Goods for the best price reasonably available in the open market, taking into account the costs of sale and Debt outstanding.
(c) If the Goods cannot reasonably and economically be sold (for any reason whatsoever), or they remain unsold despite Our efforts, You authorise Us to treat them as abandoned by You and to destroy or otherwise dispose of them at Your cost.
TERMINATION BY CUSTOMER
22. In writing to the contractor by at least fourteen days. If the contractor can release the goods earlier, then the charges for storage are payable to the date of release. If the customer makes his own arrangements to collect the goods, the contractor shall charge for unstowing and handling over the goods. All charges must be paid in full before the goods can be released.