Your removals and/or
storage contract with A-Z Removals and Storage is subject
to your acceptance of the following Terms and Conditions.
These conditions explain
the rights, obligations, and responsibilities of all parties
to this Agreement. Where we use the word 'you' or 'your' it
means the Customer: 'we', 'us' or 'our' means the Remover.
These terms and conditions can be varied or amended subject
to prior written agreement.
Your
attention is drawn to Clauses 4, 9, 10, 11 and 12 which set
out our liability to you for loss of or damage to goods and
property.
1. Our Quotation
1.1 Our quotation, unless otherwise stated, does not
include customs duties and inspections or any other fees or
taxes payable to government bodies. It does include us accepting
liability for your goods, subject to clauses 2.2, 3.2, 5.2,
5.3 and the provisions of Clauses 4, 9, 10, 11 and 12.
1.2 We may change the price or make additional charges
if circumstances are found to apply which have not been taken
into account when preparing our quotation and confirmed by
us in writing. These include:
1.2.1 You do not accept our quotation in writing within
28 days, or the work is not carried out or completed within
three months.
1.2.2 Our costs change because of currency fluctuations
or changes in taxation or freight charges beyond our control.
1.2.3 The work is carried out on a Saturday, Sunday,
or Public Holiday or outside normal hours (08.00-18.00hrs)
at your request.
1.2.4 We have to collect or deliver goods at your request
above the ground floor and first upper floor.
1.2.5 If you collect some or all of the goods from
our warehouse, we are entitled to make a charge for handing
them over.
1.2.6 We supply any additional services, including
moving or storing extra goods (these conditions apply to such
work).
1.2.7 The stairs, lifts or doorways are inadequate
for free movement of the goods without mechanical equipment
or structural alteration, or the approach, road or drive is
unsuitable for our vehicles and/or containers to load and/or
unload within 20 metres of the doorway.
1.2.8 We have to pay parking or other fees or charges
in order to carry out services on your behalf.
1.2.9 There are delays or events outside our reasonable
control which increase or extend the resources or time allowed
to complete the agreed work.
1.2.10 We agree in writing to increase our limit of
liability set out in clause 9.1.1
1.3 In any such circumstances, adjusted charges will
apply and become payable.
2. Work not included in the quotation
2.1 Unless agreed by us in writing, we will not:
2.1.1 Dismantle or assemble unit or system furniture
(flat-pack), fitments or fittings.
2.1.2 Disconnect, re-connect, dismantle or re-assemble
appliances, fixtures, fittings or equipment.
2.1.3 Take up or lay fitted floor coverings.
2.1.4 Move items from a loft, unless properly lit and
floored and safe access is provided.
2.1.5 Move or store any items excluded under Clause
5.
2.2 Our staff are not authorized or qualified to carry
out such work. We recommend that a properly qualified person
is separately employed by you to carry out these services.
3. Your responsibility
3.1 It will be your sole responsibility to:
3.1.1 Declare to us, in writing, the value of the goods
being removed and/or stored. If it is subsequently established
that the value of the goods removed or stored is greater than
the actual value you declare, you agree that our liability
under clause 9.1 will be reduced to reflect the proportion
that your declared value bears to their actual value.
3.1.2 Obtain at your own expense, all documents, permits,
permissions, licences, customs documents necessary for the
removal to be completed.
3.1.3 Be present or represented during the collection
and delivery of the removal.
3.1.4 Ensure authorized signature on agreed inventories,
receipts, waybills, job sheets or other relevant documents
by way of confirmation of collection or delivery of goods.
3.1.5 Take all reasonable steps to ensure that nothing
that should be removed is left behind and nothing is taken
away in error.
3.1.6 Arrange proper protection for goods left in unoccupied
or unattended premises, or where other people such as (but
not limited to) tenants or workmen are, or will be present.
3.1.7 Prepare adequately and stabilize all appliances
or electronic equipment prior to their removal.
3.1.8 Empty, properly defrost and clean refrigerators
and deep freezers. We are not responsible for the contents.
3.1.9 Provide us with a contact address for correspondence
during removal transit and/or storage of goods.
3.2 Other than by reason of our negligence or breach
of contract, we will not be liable for any loss or damage,
costs or additional charges that may arise from failure to
discharge these responsibilities.
4. Our responsibility
4.1 It is our responsibility to deliver your goods
to you, or produce them for your collection, undamaged. By
"undamaged" we mean in the same condition as they
were in at the time when they were packed or otherwise made
ready for transportation and/ or storage.
4.2 In the event that we have undertaken to pack the
goods, or otherwise make them ready for transportation and/or
storage, it is our responsibility to deliver them to you,
or produce them for your collection, undamaged. Again, by
"undamaged" we mean in the same condition as they
were in immediately prior to being packed/ made ready for
transportation or storage.
4.3 If we fail to discharge the responsibilities identified
in clause 4.1 and 4.2, we will, subject to the provisions
of clauses 9, 11 and 12, be liable under this agreement to
compensate you for such failure.
4.4 We will not be liable to compensate you where clauses
2.2, 3.2, 5.2 and 5.3 apply unless loss or damage occurred
as a result of negligence or breach of contract on our part.
4.5 If you do not provide us with a declaration of
value of your goods, or if you do not require us to accept
standard liability pursuant to clause 9.1 we will not be liable
to you for failure to discharge the responsibilities identified
in clause 4.1 and 4.2, unless that failure was caused by negligence
or breach of contract on our part.
4.6 The amount of our liability under this clause shall
be determined in accordance with clauses 9 and 11.
5. Goods not to be submitted for removal or storage
5.1 Unless previously agreed in writing by a director
or other authorized company representative, the following
items must not be submitted for removal or storage and will
under no circumstances be moved or stored by us. The items
listed under 5.1.1 below may present risks to health and safety
and of fire. Items listed under 5.1.2 to 5.1.6 below carry
other risks and you should make your own arrangements for
their transport and storage.
5.1.1 Prohibited or stolen goods, drugs, pornographic
material, potentially dangerous, damaging or explosive items,
including gas bottles, aerosols, paints, firearms and ammunition.
5.1.2 Jewellery, watches, trinkets, precious stones
or metals, money, deeds, securities, stamps, coins, or goods
or collections of any similar kind.
5.1.3 Plants or goods likely to encourage vermin or
other pests or to cause infestation or contamination.
5.1.4 Perishable items and/or those requiring a controlled
environment.
5.1.5 Any animals, birds or fish.
5.1.6 Goods which require special licence or government
permission for export or import.
5.2 If we do agree to remove such goods, we will not
accept liability for loss or damage unless we are negligent
or in breach of contract, in which case all these conditions
will apply.
5.3 If you submit such goods without our knowledge
we will make them available for your collection and if you
do not collect them within a reasonable time we will apply
for an appropriate court order to dispose of any such goods
found in the consignment without notice. You will furthermore
pay to us any charges, expenses, damages, legal costs or penalties
incurred by us.
6. Ownership of the goods
6.1 By entering into this Agreement, you guarantee
that:
6.1.1 The goods to be removed and/or stored are your
own property, or
6.1.2 The person(s) who own or have an interest in
them have given you authority to make this contract and have
been made aware of these conditions.
6.1.3 You will pay us for any claim for damages and/or
costs brought against us if either warranty 6.1.1 or 6.1.2
is not true.
7. Charges if you postpone or cancel the removal
7.1 If you postpone or cancel this Agreement, we will
charge you according to how much notice is given. "Working
days" refer to the normal working week of Monday to Friday
and excludes weekends and Public Holidays.
7.1.1 More than 10 working days before the removal
was due to start: No charge.
7.1.2 Between 5 and 10 working days inclusive before
the removal was due to start: not more than 50% of the removal
charge.
7.1.3 Less than 5 working days before the removal was
due to start: not more than 100% of the removal charge.
8. Payment
8.1 Unless otherwise agreed by us in writing:
8.1.1 Payment is required by cleared funds in advance
of the removal or storage period.
8.1.2 You may not withhold any part of the agreed price.
8.1.3 In respect of all sums which are overdue to us,
we will charge interest on a daily basis calculated at 4%
per annum above the prevailing base rate for the time being
of the Bank of England.
9. Determination of amount of our liability for loss or
damage
9.1 Standard Liability.
9.1.1 If you provide us with a declaration of the value
of your goods, and subject to clause 3.1.1, the amount of
our liability to you in the event of loss or damage to those
goods in breach of clause 4 will be determined in accordance
with Clauses 9.1.2, 9.1.3 and 11 below, subject to a maximum
liability of £25,000. We may agree to accept liability
for a higher amount, in which case we may make an additional
charge.
9.1.2 In the event of loss of or damage to your goods
in breach of clause 4, our liability to you is to be assessed
as a sum equivalent to the cost of their repair or replacement
whichever is the smaller sum, taking into account the age
and condition of the goods immediately prior to their loss
or damage, and subject to the maximum liability of £25,000
referred to in clause 9.1.1 (unless we have agreed
a higher amount with you).
9.1.3 Where the lost or damaged item is part of a pair
or set, our liability to you, where it is assessed as the
cost of replacement of that item, is to be assessed as a sum
equivalent to the cost of that item in isolation, not the
cost of that item as part of a pair or set.
9.2 Limited Liability.
9.2.1 If you do not provide us with a declaration of
value, or if you do not require us to accept Standard Liability
pursuant to clause 9.1, then our liability to you is to be
determined in accordance with Clauses 9.1.3, 9.2.2 and 11.
9.2.2 In the event of loss of or damage to your goods
caused by negligence or breach of contract on our part, our
liability to you is to be assessed as a sum equivalent to
the cost of their repair or replacement, taking into account
their age and condition immediately prior to their loss or
damage, subject to a maximum liability of £40 per item.
Your attention is drawn to clause 11.1 which applies to Limited
Liability.
9.3 For goods destined to or received from a place
outside the UK.
9.3.1 We will only accept Standard Liability if you
provide us with a detailed valuation of your goods on the
valuation form which we provide. All other provisions of Clause
9.1 will apply.
9.3.2 We do not accept liability for loss of or damage
to goods confiscated, seized, removed or damaged by Customs
Authorities or other Government Agencies unless we have been
negligent or in breach of contract.
9.3.3 We do not accept liability for loss of or damage
to goods occurring in certain overseas countries, including
Gambia, Iran, Iraq, Nigeria, Libya, Lebanon, Angola, Cambodia,
Vietnam, N. Korea and Former States of the USSR, unless we
have been negligent or in breach of contract. This list is
not exhaustive, and we will advise you at the time of quotation
if this exclusion applies.
We will accept liability for loss or damage
(a) arising from our negligence or breach of contract whilst
the goods are in our physical possession, or
(b) whilst the goods are in the possession of others if the
loss or damage is established to have been caused by our failure
to pack the goods to a reasonable standard where we have been
contracted to pack the goods that are subject to the claim.
In either circumstance clause 9.1 or 9.2 above will apply.
9.4 An Item is defined as :-
9.4.1 The entire contents of a box, parcel, package,
carton, or similar container; and
9.4.2 Any other object or thing that is moved, handled
or stored by us.
10. Damage to premises or property other than goods
10.1 Because third party contractors are frequently
present at the time of collection or delivery our liability
for loss or damage is limited as follows:
10.1.1 If we cause loss or damage to premises or property
other than goods for removal as a result of our negligence
or breach of contract, our liability shall be limited to making
good the damaged area only.
10.1.2 If we cause damage as a result of moving goods
under your express instruction, against our advice, and where
to move the goods in the manner instructed is likely to cause
damage, we shall not be liable.
10.1.3 If we are responsible for causing damage to
your premises or to property other than goods submitted for
removal and/or storage, you must note this on the worksheet
or delivery receipt as soon as practically possible or within
a reasonable time. This is fundamental to the Agreement.
11. Exclusions of liability
11.1 In respect of Limited Liability, we will not be
liable for loss of or damage to your goods as a result of
fire or explosion howsoever that fire or explosion was caused,
unless we have been negligent or in breach of contract
11.2 In respect of Standard Liability and Limited Liability,
other than as a result of our negligence or breach of contract
we will not be liable for any loss of, damage to, or failure
to produce the following goods :-
11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts
or other Documents or Electronically held Data Records, Mobile
Telephones
11.2.2 Plants or goods likely to encourage vermin or
other pests or to cause infestation or contamination.
11.2.3 Perishable items and/or those requiring a controlled
environment.
11.2.4 Furs exceeding £100 in value, Jewellery,
Watches, Precious Stones and Metals, Money, Coins, Deeds.
11.2.5 Any animals, birds or fish.
11.3 In respect of Standard Liability and Limited Liability,
other than as a result of our negligence or breach of contract
we will not be liable for any loss of, damage to, or failure
to produce the goods if caused by any of the following circumstances:-
11.3.1 By 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.
11.3.2 Loss or damage arising from Chemical, Biological,
Bio-chemical, Electromagnetic Weapons and Cyber Attack
11.3.3 Perishable items and/or those requiring a controlled
environment.
11.3.4 Indirect or consequential loss of any kind or
description
11.3.5 By 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.
11.3.6 By vermin, moth, insects and similar infestation,
damp, mould, mildew or rust.
11.3.7 By cleaning, repairing or restoring unless we
arranged for the work to be carried out.
11.3.8 By change to atmospheric or climatic conditions.
11.3.9 For any goods in wardrobes, drawers or appliances,
or in a package, bundle, carton, case or other container not
both packed and unpacked by us.
11.3.10 Loss of or damage to china, glassware and fragile
items unless they have been both professionally packed and
unpacked by us or our Subcontractor. In the event of an accident
involving an owner packed container where damage would have
occurred irrespective of the quality of the packing, then
our liability is limited to £100 or its actual value
whichever is less.
11.3.11 For electrical or mechanical derangement to
any appliance, instrument, clock, computer or other equipment
unless there is evidence of related external damage.
11.3.12 Loss or damage of motor vehicles caused by
scratching, denting and marring unless you obtain from us
a pre-collection condition report.
11.3.13 Loss or damage to a vehicle whilst being driven
or for the purpose of being driven under its own power other
than for the purpose of loading onto or unloading from the
carrying conveyance or container. Loss or damage sustained
by accessories and removable items unless lost with the vehicle.
11.3.14 For any goods which have a pre-existing defect
or are inherently defective.
11.4 No employee of ours shall be separately liable
to you for any loss, damage, mis-delivery, errors or omissions
under the terms of this Agreement.
11.5 Our liability will cease upon handing over goods
from our warehouse or upon completion of delivery (see Clause
12.2 below).
12. Time limit for claims
12.1 For goods which we deliver, you must notify us
in writing of any visible loss, damage or failure to produce
any goods at the time of delivery.
12.2 If you or your agent collect the goods, you must
notify us in writing of any loss or damage at the time the
goods are handed to you or your agent.
12.3 Notwithstanding clauses 9, 10 and 11 we will not
be liable for any loss of or damage to the goods unless a
claim is notified to us, or to our agent or the company carrying
out the collection or delivery of the goods on our behalf,
in writing as soon as such loss or damage is discovered (or
with reasonable diligence ought to have been discovered) and
in any event within seven (7) days of delivery of the goods
by us.
12.4 The time limit for notifying us of your claim
may be extended upon receipt of your written request provided
such request is received within seven (7) days of delivery.
Consent to such a request will not be unreasonably withheld.
13. Delays in transit
13.1 Other than by reason of our negligence or breach
of contract, we will not be liable for delays in transit.
13.2 If through no fault of ours we are unable to deliver
your goods, we will take them into store. The Agreement will
then be fulfilled and any additional service(s), including
storage and delivery, will be at your expense.
14. Our Right to Hold the Goods (lien)
We shall have a right to withhold and/or ultimately dispose
of some or all of the goods until you have paid all our charges
and any other payments due under this or any other Agreement.
(See also Clause 23). These include any charges that we have
paid out on your behalf. While we hold the goods you will
be liable to pay all storage charges and other costs incurred
by our withholding your goods and these terms and conditions
shall continue to apply.
15. Disputes
THIS CLAUSE IS NOT IN AFFECT AT THIS
TIME AS WE ARE IN THE PROCESS OF JOINING BAR AND HAVE NOT
YET BEEN ACCEPTED.
If there is a dispute arising from this Agreement,
which cannot be resolved, either party may refer it to the
Conciliation Service provided by the British Association of
Removers (BAR). If the dispute cannot be settled by this method,
it may be referred by either party to the BAR Arbitration
Service. Under this scheme, the case will be independently
determined by an arbitrator appointed by the Chartered Institute
of Arbitrators. Recourse to arbitration is subject to certain
limits, current details of which are available upon request
from BAR, Tel: 020 8861 7769, Fax: 020 8861 3332, Email: info@bar.co.uk.
This does not prejudice your right to commence court proceedings.
16. Our right to sub-contract the work
16.1 We reserve the right to sub-contract some or all
of the work.
16.2 If we sub-contract, then these conditions will
still apply.
17. Route and method
17.1 We have the right to choose the method and route
by which to carry out the work.
17.2 Unless it has been specifically agreed otherwise
in writing in our Quotation, other space/volume/capacity on
our vehicles and/or the container may be utilized for consignments
of other customers.
18. Advice and information for International Removals
We will use our reasonable endeavours to provide you with
up to date information to assist you with the import/export
of your goods. Information on such matters as national or
regional laws and regulations which are subject to change
and interpretation at any time is provided in good faith and
is based upon existing known circumstances. It is your responsibility
to seek appropriate advice to verify the accuracy of any information
provided.
19. Applicable law
This contract is subject to the law of the country in which
the office of the company issuing this contract is situated.
20. Your forwarding address
20.1 If you send goods to be stored, you must provide
an address for correspondence and notify us if it changes.
All correspondence and notices will be considered to have
been received by you seven days after sending it to your last
address recorded by us.
20.2 If you do not provide an address or respond to
our correspondence or notices, we may publish such notices
in a public newspaper in the area to or from which the goods
were removed. Such notice will be considered to have been
received by you seven days after the publication date of the
newspaper.
Note: If we are unable to contact you, we will charge
you any costs incurred in establishing your whereabouts.
21. List of goods (inventory) or receipt
Where we produce a list of your goods (inventory) or a receipt
and send it to you, it will be accepted as accurate unless
you write to us within 10 days of the date of our sending,
or a reasonable period agreed between us, notifying us of
any errors or omissions.
22. Revision of storage charges
We review our storage charges periodically. You will be given
3 months notice in writing of any increases.
23. Our right to Sell or dispose of the Goods
If payment of our charges relating to your goods is in arrears,
and on giving you three months' notice, we are entitled to
require you to remove your goods from our custody and pay
all money due to us. If you fail to pay all outstanding amounts
due to us, we may sell or dispose of some or all of the goods
without further notice. The cost of the sale or disposal will
be charged to you. The net proceeds will be credited to your
account and any eventual surplus will be paid to you without
interest. If the full amount due is not received, we may seek
to recover the balance from you.
24. Termination
If payments are up to date, we will not end this contract
except by giving you three months notice in writing. If you
wish to terminate your storage contract, you must give us
at least 10 working days' notice (working days are defined
in Clause 7 above). If we can release the goods earlier, we
will do so, provided that your account is paid up to date.
Charges for storage are payable to the date when the notice
should have taken effect.
