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. In Clauses 8, 9, 10, and 11 We limit or exclude Our liability for  loss and damage. We recommend You arrange insurance to cover Your goods or  premises. We are able to arrange insurance for Your benefit upon request. This insurance will be separate from this contract and subject to the terms and conditions of  the policy. 

1.1 Our quotation, unless otherwise stated, does not include insurance,  cancellation/postponement waivers, customs duties, port charges including (but not  limited to) demurrage, inspections, or any fees, or taxes payable to government  bodies or agencies. 

1.2 Our Quotation is valid for twenty-eight days from the date of issue. Unless already  included in Our Quotation, reasonable additional charges will apply in the following  circumstances: 

1.2.1 If the work does not commence within twenty-eight days of acceptance; 1.2.2 Where We have given You a price including redelivery from store within  Our Quotation and the re-delivery from store has not taken place within  six months from the date of the issue of the quotation; 

1.2.3 Our costs change because of currency fluctuations, changes in taxation,  freight, fuel, ferry or toll charges beyond our control. 

1.2.4 The work is carried out on a Saturday, Sunday, or Public Holiday or  outside normal hours (08.00- 18.00hrs) at your request. 

1.2.5 We have to collect or deliver goods at Your request above the ground floor  and first upper floor. 

1.2.6 If You or Your agents request collection or access to Your goods whilst  they are in store; 

1.2.7 We supply any additional services, including moving or storing extra  goods (these conditions apply to such work). 

1.2.8 The entrance or exit to the premises, 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.  

1.2.9 We have to pay parking or other fees or charges (including fines where  you have not arranged agreed suspension of parking restrictions) in order  to carry out services on Your behalf. For the purpose of this Agreement  parking fines for illegal parking, caused by Our negligence, are not fees or  charges and You are not responsible for paying them. 

1.2.10 There are delays or events outside Our reasonable control which increase  or extend the resources or time allowed to complete the agreed work.  

1.2.11 We agree in writing to increase Our limit of liability set out in Clause 8.1  prior to the work commencing; 

1.3 You agree to pay any reasonable charges arising from the above circumstances. 2 Work not included in the quotation

2.1 Unless agreed by us in writing, we will not: 

2.1.1 Dismantle or assemble furniture of any kind  

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 4. 

2.1.6 Dismantle or assemble garden furniture and equipment including, but not  limited to: sheds, greenhouses, garden shelters, outdoor play equipment,  and satellite dishes, or move paving slabs, planters and the like. 

2.2 Our staff are not authorised or qualified to carry out such work. We recommend that  a properly qualified person is separately employed by You to carry out these  services. 

3.1 It will be your responsibility to: 

3.1.1 Arrange adequate insurance cover for the goods submitted for removal  transit and/or storage, against all insurable risks as Our liability is limited  under clauses 8.1 and 8.2. 

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 Pay for any parking or meter suspension charges incurred by Us in  carrying out the work. 

3.1.4 Be present or represented throughout the collection and delivery of the  removal. 

3.1.5 Where We provide You with inventories, receipts, waybills, job sheets or  other relevant documents You will ensure that they are signed by You or  Your authorised representative as confirmation of collection or delivery of  the Goods. 

3.1.6 Take all reasonable steps to ensure that nothing that should be removed is  left behind and nothing is taken away in error. 

3.1.7 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. 

3.1.8 Prepare adequately and stabilize all appliances or electronic equipment  prior to their removal. 

3.1.9 Empty, properly defrost and clean refrigerators and deep freezers. We are  not responsible for the contents. 

3.1.10 Ensure that all domestic and garden appliances, including but not limited  to washing machines, dish washers, hose pipes, petrol lawn mowers are  clean and dry and have no residual fluid left in them; 

3.1.11 Provide Us with a correct and up to date contact address and telephone  number during removal transit and/or storage of goods. 

3.1.12 Arrange appropriate transport, storage or disposal of goods listed in clause  4 

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.

4.1 Unless previously agreed in writing by a director or other authorised 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  4.1.1 below may present risks to health and safety and of fire. Items listed under  4.1.2 to 4.1.7 below carry other risks and You should make Your own arrangements  for their transport and storage. 

4.1.1 Potentially dangerous, damaging or explosive items, including gas bottles,  aerosols, paints, firearms and ammunition. 

4.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds,  securities, mobile telephones, portable media and computing devices,  

stamps, coins, or goods or collections of any similar kind. 

4.1.3 Goods likely to encourage vermin or other pests or to cause infestation or  contamination. 

4.1.4 We shall notify you in writing as soon as practicable if any of the Goods,  are in Our opinion hazardous to health, dirty or unhygienic or likely to  attract vermin or pests and under what conditions we would be prepared to  accept such Goods or whether we refuse to accept them. Should we refuse  to accept the goods We will have no liability to You. 

4.1.5 Perishable items and/or those requiring a controlled environment. 4.1.6 Any animals, birds, fish, reptiles or plants. 

4.1.7 Goods which require special licence or government permission for export  or import. 

4.1.8 Under no circumstances will Prohibited or stolen goods, drugs or  pornographic material be moved or stored by Us. 

4.2 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 may  apply for a court order to dispose of any such goods found in the consignment. You  agree to pay Us any charges, expenses, damages, legal costs or penalties reasonably  incurred by Us in disposing of the goods. 

5.1 By entering into this Agreement, you guarantee that: 

5.1.1 The goods to be removed and/or stored are Your own property, or the  goods are Your property free of any legal charge; or 

5.1.2 You have the full authority of the owner or anyone having a legal interest  in them to enter into this Agreement and You have made the owner fully  aware of these terms and conditions prior to entering into this Agreement  and that they have agreed to them. 

5.1.3 If at any time following the implementation of this agreement to its  termination another person has or obtains an interest in the goods You will  advise Us of their name and address in writing immediately. 

5.1.4 You will provide a full indemnity and pay Us in respect of any claim for  damages and/or costs brought against Us if either statement made in 5.1.1  or 5.1.2 is untrue. 

5.1.5 If You wish to transfer responsibility of this Agreement to a third party  You will advise Us in writing giving Us their full name and address. We  will issue a new agreement to them. Our Agreement with You will remain 

in force until We have received a signed agreement from the third party. 

6.1 If You postpone or cancel this Agreement, We reserve the right to charge you a  reasonable postponement or cancellation fee according to how much notice is given  as set out below at 6.1.1 – 6.1.4. “Working days” refer to the normal working week  of Monday to Friday and excludes weekends and Public Holidays. 

6.1.1 More than 10 working days before the removal was due to start: No  charge. 

6.1.2 Between 5 and 10 working days inclusive before the removal was due to  start: not more than 30% of the removal charge. 

6.1.3 Less than 5 working days before the removal was due to start: not more  than 60% of the removal charge. 

6.1.4 Within 24 hours of the move taking place; not more than 75% of the  removal charge. 

6.1.5 On the day the work starts or at any time after the work commences up to  100% of Our charges. 

6.2 Cancellation/Postponement Waiver 

If offered, and paid for in advance of the commencement of the services, we agree  to waive the charges in Clauses 6.1.1, 6.1.2 & 6.1.3. Our agreement to waive the  charges is conditional upon Us receiving written notice of Your intention to  Cancel/Postpone no later than 17:00 hours on the preceding Working Day before  Services commence. The Cancellation/Postponement charge will entitle You to only  one Cancellation/Postponement.  

7.1 Unless otherwise agreed by Us in writing, payment is required in full by cleared  funds at the time of booking the removal or storage period. In default of such  payment We reserve the right to refuse to commence removal or storage until such  payment is received. Such advance payments are protected under the BAR Pre Payment Protection scheme as detailed in the BAR Code of Practice. 

7.2 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. 

8.1 We do not know the value of Your goods therefore We limit Our liability to a fixed  limit per item. The amount of liability We accept under this agreement is reflected  in Our charges for the work. If You wish Us to increase Our limit of liability per  item You agree to pay a higher price for the work as stated in Condition 1.2.11 (Our  Quotation). 

8.2 Unless otherwise agreed in writing if we are negligent or in breach of contract We  will pay You up to £40 for each item which is lost or damaged as a direct result of  any negligence or breach of contract on Our part. 

8.3 For goods destined to, or received from a place outside the United Kingdom: 8.3.1 We will only 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. 

8.3.2 Where We engage an international transport operator, shipping company  or airline to convey Your goods to the place, port or airport of destination,  We do so on Your behalf and subject to the terms and conditions set out by  that carrier. 

8.3.3 If the carrying vessel/conveyance, should for reasons beyond the carrier’s  control, fail to deliver the goods, or route them to a place other than the  original destination, You may have limited recourse against the carrier  depending upon the carriers particular terms and conditions of carriage,  and You may be liable for General Average contribution (e.g. the costs  incurred to preserve the vessel/conveyance and cargo) and salvage  

charges, or the additional cost of onward transmission to the place, port or  airport of destination. These are insurable risks and it is Your  

responsibility to arrange adequate marine/transit insurance cover. 

8.3.4 We do not accept liability for goods confiscated, seized, removed or  damaged by Customs Authorities or other Government Agencies unless  such confiscation, seizure, removal or damage arose directly as a result of  Our negligence or breach of contract. 

8.4 For the purposes of this Agreement an item is defined as: 

8.4.1 The entire contents of a box, parcel, package, carton, or similar container; and 

8.4.2 Any other object or thing that is moved, handled or stored by us. 

9.1 Because third party contractors or others are frequently present at the time of  collection or delivery it is not always possible to establish who was responsible for  loss or damage. therefore Our liability is limited as follows: 

9.1.1 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. 

9.1.2 If We cause damage as a result of moving goods under Your express  instruction, against our advice, and where moving the goods in the manner  instructed is likely to cause damage, We shall not be liable. 

9.1.3 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 after  the damage occurs or is discovered or in any event within a reasonable  time. This is fundamental to the Agreement. 

10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we  have been negligent or in breach of contract. It is Your responsibility to insure Your  Goods. If You ask Us in writing to arrange insurance cover for You We will,  provided You declare the full replacement value of Your Goods and pay the  premium in advance. 

10.2 We shall not be liable for delays or failures to provide the services under this 

Agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether  war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of  God, adverse weather, third party industrial action, re-scheduled sailing, departure  or arrival times, port congestion, or other such events outside our reasonable  control. 

10.3 Other than as a result of Our negligence or breach of contract We will not be liable  for any loss, damage or failure to produce the goods as a result of: 

10.3.1 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. 

10.3.2 Moth or vermin or similar infestation. 

10.3.3 Cleaning, repairing or restoring unless We arranged for the work to be  carried out. 

10.3.4 Changes caused by atmospheric conditions such as dampness, mould,  mildew, rusting, tarnishing, corrosion, or gradual deterioration unless 

directly linked to ingress of water. 

OR 

10.3.5 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. 

10.3.6 For electrical or mechanical derangement to any appliance, instrument,  clock, computer or other equipment unless there is evidence of related  external damage. 

10.3.7 For any goods which have a pre-existing defect or are inherently defective. 10.3.8 For perishable items and/or those requiring a controlled environment. 10.3.9 Loss of structural integrity of furniture constructed of particle board  resulting from crumbling of the board. 

10.3.10 For items referred to in Clause 4. 

10.4 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. 

10.5 Where goods are handed out from store Our liability will cease upon handing over  the goods to You or Your authorised representative (see Clause 11.1 below). 10.6 We will not be liable for any loss or damage caused by Us or Our employees or  agents in circumstances where: 

(a) there is no breach of this Agreement by Us or by any of Our employees or  agents 

(b) such loss or damage is not a reasonably foreseeable result of any such breach. 

11.1 If You or Your authorised representative collect the goods, We must be notified in  writing of any loss or damage at the time the goods are handed to You or Your  agent or as soon as practically possible. 

11.2 For goods which We deliver, You must give Us detailed notice in writing of any  loss and damage within seven days of delivery by Us. We may agree to extend this  time limit 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. 

12.1 Other than by reason of Our negligence or breach of contract, We will not be liable  for delays in transit. 

12.2 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. 

12.3 Any transit times quoted by Us are estimated and based upon information known to  Us at the time. Transit times may vary due to a number of factors outside Our  control including but not limited to changes in sailing or departure dates made by  the freight/shipping company, changes in the routes used by the freight/shipping  company and port congestion. We will advise You of any material changes to the  transit times as soon as We become aware. We will not be liable for any loss or  damage incurred by You as a result of delays in transit time unless directly  attributable to Our negligence or breach of contract. 

“Lien” is the legal right of the remover to hold goods until the customer has paid all  outstanding charges. 

We shall have a right to withhold and ultimately dispose of some or all of the goods  if You fail to pay the charges and any other payments due under this or any other  Agreement. (See also Clause 22). 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 (including legal costs) reasonably incurred by Us in  recovering Our charges and applying Our right of lien. These terms and conditions  shall continue to apply.  

If there is a dispute arising from this Agreement, which cannot be resolved, either  party may refer it to the low cost independent Alternative Dispute Resolution  (ADR) scheme provided by the British Association of Removers (BAR). Under this  scheme, the case will be determined by an accredited independent ADR  organisation. Recourse to the independent ADR scheme is subject to certain limits,  current details of which are available upon request from BAR, Tel: 01923 699486,  Fax: 01923 699481, Email: consumer.affairs@bar.co.uk. ADR does not prejudice  Your right to commence court proceedings.  

15.1 We reserve the right to sub-contract some or all of the work. 

15.2 If We sub-contract, then these conditions will still apply. 

16.1 We have the right to choose the method and route by which to carry out the work  and the location in respect of storage. 

16.2 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 utilised for  consignments of other customers.

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. 

Any dispute between us will be governed by the non-exclusive law and jurisdiction  of the English or Scottish Courts. If you currently reside or are moving to a place  outside the jurisdiction of the Courts of the United Kingdom, alternative laws or  jurisdiction of local courts may apply subject to our written agreement prior to the  work or services commencing. 

19.1 If You instruct Us to store Your goods, You must provide a correct and up to date  address and telephone number and notify Us if it changes. All correspondence and  notices will be considered to have been received by You seven days after sending it  by first class post to Your last address recorded by Us 

19.2 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. 

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 within a reasonable period agreed between us, notifying Us of any  errors or omissions. 

We review our storage charges periodically. You will be given 30 days’ notice in  writing of any increases. 

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.

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 notice in writing, with the minimum notice period dependent on the number of storage units allocated to You, as follows:

If We are able to release the goods earlier, We will do so, provided that Your account is paid up to date. Charges for storage are payable up to the date when the applicable notice period should have taken effect.