The purpose of this agreement is to clarify the amount of goods we are moving and the amount of time it takes to move them. Sometimes the amount of things that have to happen when you move are a little overwhelming and we are taking all reasonable steps to make your move easy. Once we have accurate information we can provide the right resources to complete your move.
The Terms and Conditions set out the terms of the contract between the Removal and /or Storage Contractor (“the Contractor”) and explain your rights and obligations and responsibilities and those of the Contractor
1.1 Any reference in these conditions to “we” or “us” is a reference to the Contractor.
1.2 Any reference to “Insurance Option” is to the Insurance Option set out in Clause 9.
1.3 “Goods” means the goods being removed and/or stored.
2.1 Quotations include Value Added Tax but do not include any other customs duties levies or fees payable to government or other statutory bodies and all such duties or fees (if any) will be payable by you in addition to the quoted price.
2.2 Although we quote a fixed price we reserve the right to amend it or make additional charges if any of the following have not been taken into account when preparing the quotation:-
2.2.1 If due to any circumstances outside our control the work is not carried out or completed within 28 days of the quotation date.
2.2.2 If our costs increase as a result of currency fluctuations or changes in taxation or freight charges beyond our control.
2.2.3 If we have to collect or deliver goods above the first upper floor or below the first floor.
2.2.4 If we supply additional services not quoted for.
2.2.5 If there are delays outside our reasonable control in which event we will make an additional charge for waiting time calculated in accordance with our standard rates applicable at the time.
2.2.6 If access to the collection or delivery point is inadequate or the approach is unsuitable for our vehicles, if the distance from the vehicle to the access point of the delivery address is in excess of 10 meters from the rear of the vehicle, internally if the property is non standard preventing delivery of goods
2.2.7 If any parking or other fees or charges that we have to incur and pay in order to carry out the services you require. in all these circumstances you will be responsible for the extra charges.
2.3 A quotation is not a guarantee that we have agreed to move your goods and does not constitute a contract
We must have your signed acceptance of our quotation and the terms and conditions with the full payment.
Work excluded from our quotations unless stated
3.1 Dismantle or assemble unit-furniture (flat-pack), fittings or fitments (and in any event these works will not be covered by any insurance provided.) This type of furniture is liable to collapse or fail to reassemble due to worn fittings.
3.2 Disconnect or reconnect appliances, fittings or equipment and fit transit bars.
3.3 Remove or lay fitted floor coverings.
3.4 Take down or re-hang curtains, blinds or other window coverings.
3.5 Move night storage heaters unless they are dismantled.
3.6 Move or store any items under Clause 4.
3.7 Move any item or items which our removal crew reasonably believe they cannot move safely, or the removal of which may damage the item or items in question or its or their surroundings; your attention is drawn to non industry standard boxes that cannot be stacked 9 high without losing integrity and items that cannot be reasonably carried by one or two men.
3.8 Packing boxes and bags unless quoted for and paid
The following items are specially excluded from this contract and will not be removed: – soil, trees
4.1 Jewellery, watches, trinkets, precious stones, money, deeds, securities, stamps, coins, or goods or collections of a similar kind.
4.2 Potentially dangerous, damaging or explosive items.
4.3 Goods likely to encourage vermin or other pests or to cause infection.
4.4 Refrigerated or frozen food or drink.
4.5 Any animals and their cages or tanks including pets, birds or fish.
4.6 Cars, boats and caravans.
4.7 Furs, perfumery, wines, spirits, tobacco, cigars, cigarettes, foodstuffs, perishable goods or any kind of explosives and flammable or hazardous liquids.
Such goods will not be removed by us except without prior written agreement. If you submit such goods without our knowledge and prior to written agreement we will not be liable for any loss or damage injury or death unless they can be proved to be caused by our negligence our employees or agents and you will indemnify us against any charges, expenses, damages or penalties claimed against us by third parties. In addition we shall be entitled to dispose of (with notice) any such goods which are listed under paragraphs 4.2, 4.3, 4.4, 4.5, & 4.7. The following clauses normally relate to storage.
4.8 Breakage of owner packed property unless the box or container shows signs of external damage
It is your sole responsibility to: –
5.1 Declare to us the proper value of the goods if they individually exceed £50.00.
5.2 Obtain at your expense all documents necessary for the removal to be completed.
5.3 Be present yourself or appoint a representative at the departure and destination points to ensure that nothing is removed or left in error or is left in the wrong room.
5.4 Prepare adequately and stabilize all appliances prior to their removal. For example Stabilizers on Washing machines. Other than by reason of our negligence we will not be liable for any loss or damage, costs or additional charges that may arise from any of these matters.
Ownership of the goods
By entering into this contract you confirm to us that: –
6.1 The Goods are your own property: or
6.2 You have the authority of the owner of the property to make this contract in respect of the goods.
6.3 You will be responsible to pay for any claim for damages and/or costs against either of the above if this proves to be untrue.
7.1 If you postpone or cancel this contract we may charge according to how much notice you provide prior to the agreed removal date unless you take out the waiver
Between 4-7 days: 50% of the total removal charges
Less than 48 hours: 75% of the total removal charges
Payment of Removal Charges
Unless you have our written agreement to the contrary, you must pay our charges so we have cleared funds in advance of the removal. Interest at 5% per month calculated on a daily basis, is charged on all overdue accounts. Business Accounts must be paid 30 days from invoices
Failure to comply with our payment terms will also mean that the Goods are not insured.
Our liability for loss or damage.
9.1 In the event that we lose or damage your goods, if we are liable, we will pay you up to a maximum of £50.00 sterling for each item which is lost or damaged, to cover the cost of repairing or replacing that item. Where proof cannot be ascertained we reserve the right to take a reasonable view to put you back in the position we think you were. In this respect an item is defined as any one article, suite, pair, set, complete case, package, carton, box or other container, unless inventory with values is supplied. Boxed items are limited to the box so if you have in excess of £50 in a box you are not properly insured from damage. In this event before you book call the office on 0161476 2873 so we can provide you with the service your require.
9.2 We may choose to repair or replace the damaged or lost item. However if we choose to repair the item we will not be liable for any depreciation in value.
9.3 Other than because of our negligence, we will not be liable for any loss, damage or failure to deliver goods if its is caused by any of the following circumstances:-
9.3.1 Fire howsoever caused.
9.3.2 War, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, weather, incorrect inventory however construed, industrial action or other such events outside our reasonable control.
9.3.3 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.
9.3.4 Cleaning, repairing or restoring unless we did the work.
9.3.5 Moth or vermin or similar infestation.
9.3.6 Electrical or mechanical derangement to any appliance, instrument or equipment unless there is evidence of external impact.
9.4 Additionally we will not be liable for any loss of or damage to:
9.4.1 Any goods in wardrobes, drawers or appliances, or in a package, bundle, case or other container not both packed and unpacked by us.
9.5 Other than because of our negligence, we will not be liable for damages or costs resulting indirectly from, or as a consequence of loss, damage, or failure to deliver goods. A maximum of £50.00 per lost box of owner packed goods will be applicable.
10.1 If you provide us with a declaration of the value of your goods and you agree to pay an additional charge, the amount of our liability to you will be as follows:
10.1.1 In the event of loss or damage caused by our negligence or breach of contract, our liability to you will
be assessed as a sum equivalent to the cost of their repair or replacement taking into account the age and condition of the goods immediately prior to their loss or damage but subject to a maximum liability of £10,000 (this can be increased and we can agree a higher amount with you) Subject to your requests and a limit of £10,000 to a policy excess of £250.00.
10.1.2 Where the lost or damaged item is part of a pair or set, our liability to you will be our assessed cost of
replacement of that item in isolation and not the cost of that item as part of a pair or set.
10.1.3 Any liability under clause 9.1 or 9.2 above is expressly subject to all or any other applicable
exclusions set out elsewhere in this agreement.
Delays in transit
11.1 Unless we give a specifically agreed written timescale then arrival and departure times are an estimate only.
11.2 If we do not keep to an agreed written timescale schedule and any delay is within our reasonable control we will pay your reasonable expenses which arise as a result of our not keeping to the agreed written time schedule. If through no fault of ours we are unable to deliver your goods, we will take them into store. This contract will then be fulfilled, any additional service(s), including storage and delivery will be at your expense.
11.3 Waiting Time Charges due to delays in exchange of contracts is charged at £80.00 per hour plus VAT from 1.30pm. However if the load is unloaded by 4.30pm no charge applies.
Damage to premises.
We shall only be liable for damage to premises, noted on the delivery receipt and confirmed in writing to us within seven days unless you request a reasonable extension which we agree in writing. Where large items are expected to be put in rooms they cannot fit, we are not liable.
Time limits for claims
We will not be liable for any loss or damage to any goods unless any claim for loss or damage is notified to us in writing WITHIN SEVEN DAYS (this is a requirement of insurers) of either their collection by you or delivery by us to their destination, unless you request a reasonable extension which we agree in writing.
Our rights to withhold or dispose of goods. (Applies more to storage).
We have a legal right to withhold or (subject to complying with the notice procedure in condition 17.6) ultimately dispose of some or all of the goods until you have paid all our charges and other payments due under this contract. These include any charges that we have paid out on your behalf. While we hold the goods and wait for payment you will be liable to pay all storage charges and other costs incurred as a result of our withholding your goods and these terms and conditions will continue to apply.
15.1 If there is a dispute rising from this agreement which can not be resolved you can contact the BAR or Which Trusted Trader and we will abide by their decision.
Sub-contracting the work
16.1 We reserve the right to sub-contract some or all of the work for which we have provided a quotation without reference to you. This is to cover for the unlikely events of extreme weather or a vehicle breakdowns.
16.2 If we sub-contract, these conditions will still apply in full.
The following terms in addition to all other terms set out in this document will apply to all contracts or the storage of goods.
17.1 If you require storage facilities you are obliged to provide a forwarding address and notify us in writing if it changes. All correspondence and notices will be deemed to have been received by you seven days after posting it to the last forwarding address recorded by us.
17.2 The manner in which goods are transported and whether we use conventional or containerised storage shall be within our sole discretion unless otherwise confirmed in writing.
17.3 Where we provide an inventory of goods stored on your behalf it will be accepted as accurate unless you provide us with written notice of any errors or omissions within 14 days of our posting the inventory to you.
17.4 All charges for storage services are payable in advance. All our charges including removal charges must be paid in full in cleared funds before any goods are released from storage and we shall be entitled to exercise a lien over those goods until we have received payment of all charges due from you to us. A late payment charge of £10.00 will be charged if invoices are not paid within 14 days.
17.5 We review our storage charges periodically. You will be given 28 days’ notice in writing of any increases following which our revised rates as notified will apply. We will always act reasonably in reviewing our storage charges.
17.6 On giving 28 days’ notice we are entitled to require you to remove your goods from our custody and pay all outstanding charges. Any such notice will tell you that we will dispose of your goods three months thereafter if you fail to pay all outstanding sums due to us and, in that event, we will do so 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.
17.7 If your payments are up to date we will not end this contract except by giving you three calendar months’ notice in writing. If you wish to terminate your storage contract you should give at least 14 days’ notice. Whilst we will use reasonable endeavors to arrange the release of your goods on the dates you require, specific dates cannot be guaranteed.
17.8 If you choose someone else to collect your goods from our storage facilities we are entitled to make a charge for handing them over. Our responsibility for such goods will cease upon their being handed over to your chosen representative.
Furniture dismantling /reassembling and carpets
18.1 Dismantling and reassembling of wardrobes, beds etc and removal of carpets will be charged for if not previously quoted for in writing. Chip board furniture often will not reassemble as well as its first assembly, we will not be liable for final construction if the goods are already weekend.
19.1 Disconnection and reconnection of cookers, washing machines, dish-washer and other electrical items is the client’s responsibility. Fridges and freezers are to be emptied and dried out to avoid defrosting in transit and mould damage whilst in storage. You are responsible for fitting transit bars and standing fridges and freezers for 24 hour before switching on.
These terms and Conditions together with our quotation are intended to form the whole agreement between us and to prevail over any verbal discussions. Should we mutually
agree to any variation of these terms such variation should be confirmed in writing. Any variation however agreed shall never invalidate the remainder of these Terms and Conditions.
Disassembly and reassembly of flat packed furniture
Disconnect/reconnect electrical/ gas appliances
Take down/refit curtains, shelves, cupboards, light fittings and uplift/refit carpets. Unpacking into cupboards and drawers. No Insurance for owner packed goods
To ensure clear access to both properties where the walk from the rear of our largest vans, (36 feet long by 8 feet wide) is no more than 10 meters to a normal entrance. If the access or layout of the new delivery address does not conform to normal one or two storey layouts you must let us know so that we can quote correctly or you may incur further costs.
To arrange parking permits (if required) for Cheshire Removals vehicle’s
To ensure all household effects have been moved from the collection address prior to our departure.
If you are doing your own packing any delay due to items not being ready for removal may incur extra charges
This contract is subject to the laws of England and Wales if our principal place of business is situated in England or Wales, or to the laws of Scotland if our principal place of business is situated in Scotland.