REMOVAL TERMS
 Terms & Conditions |
A)
These terms and conditions of business set out the
basis upon which Removalgroup will arrange removals
and/or storage of your goods with nominated Removal
Contractors on your behalf. References throughout these
terms and conditions to “you”/“your” refer
to the customer of Removalgroup (and where referred
to in the removal terms and conditions section set
out below, the customer of the Removal Contractor).
B)
Where removals and/or storage are paid for in full
and/or paid for in part by a property developer any
references to payment of removal costs and ancillary
charges as referred to within these terms and conditions
will, subject to confirmation in writing from the property
developer to you, constitute reference to payment of
those costs/charges by the property developer. However
for the avoidance of doubt the removal terms and conditions
referred to below will still apply to any removal services
carried out by a Removal Contractor on your behalf.
You are strongly advised to liaise with your property
developer and/or Removalgroup in relation to any services
excluded from the removal under the removal terms and
conditions set out below, and coverage (or not) by
the property developer for costs for those additional
services (if any).
C)
Removalgroup are solely responsible for arranging removal
and/or storage with the Removal Contractor. Removalgroup
are not removers and provide no removal or storage
services. Removalgroup will arrange removal and/or
storage services with Removal Contractors on the basis
of the removal terms and conditions set out below (or
substantially those terms and conditions), save where
agreed otherwise in writing between Removalgroup and
yourselves e.g. if a Removal Contractor has specific
removal requirements or terms outside or in addition
to the removal terms and conditions set out below.
D)
The removal terms and conditions set out below contain
provisions which exclude and/or limit a Removal Contractors
liability for loss and/or damage to your goods and
also set out provisions governing insurance of those
goods. You are particularly referred to clause 3 (regarding
insurance) clause 8 (exclusions and limitations of
liability) and clause 12 (for damages to premises or
property other than the removed goods). The removal
conditions also contain time limits for claiming against
a Removal Contractor (see clause 10).
E)
Removalgroup will also be responsible for administration
of the removal/storage contracts. Accordingly any references
in the removal/storage terms and conditions set out
below relating to correspondence/notices/payments (including
all requests for increased limits of liability and/or
notices of claim) are to be sent by the customer to
Removalgroup at Mere Green House, 46-48 Mere Green
Road, Sutton Coldfield, B75 5BT. Correspondence can
also be forwarded to House to Home by fax to fax number
01213 080810.
F)
Any disputes between you and Removalgroup are subject
to English law and to be determined by the English
Courts.
G)
By accepting our terms and conditions, we reserve the
right to store your contact details for both contact
and marketing purposes by either ourselves or related
third parties.
| REMOVAL/STORAGE
Terms & Conditions |
These
conditions explain your rights, obligations, and responsibilities
and those of the Removal Contractor for removal/storage
services. Where these conditions use the word ‘you’ or ‘your’ it
means you as the removal customer, The Removal Contractor
means the Removal Contractor agreed with House to Home
on the removal customers behalf.
 1.
Quotation |
The
removal quotation issued by Removal Contractor (“the
quotation”) is a fixed price. Unless otherwise
stated on its face, it does not include insurance,
customs duties and inspections or any other fees payable
to government bodies. The Removal Contractor may change
the quoted price for the removal or make additional
charges if any of the following have not been taken
into account when preparing the quotation or, if separately
confirmed by the Removal Contractor in writing:-
(a)
You do not accept the quotation in writing within 28
days, providing at the time of acceptance a firm removal
date which the Removal Contractor agrees in writing.
(b)
By reason of your delay, the removal is not carried
out or completed within three months of the date of
acceptance of the quotation.
(c)
The Removal Contractors’ costs increase (or decrease)
because of currency fluctuations (where applicable)
or changes in taxation or freight charges for reasons
beyond their control.
(d)
The work is carried out on a Saturday, Sunday or Public
Holiday at your request.
(e)
The Removal Contractor has to collect or deliver goods
from/to above the ground and first upper floor of a
property.
(f)
The Removal Contractor supply any additional services
not included or requested to be included in the quotation,
including moving or storing extra goods (these conditions
will apply to such work in any event).
(g)
The stairs, lifts or doorways at the property/ies are
inadequate for free movement of the goods without the
need for mechanical equipment or structural alteration,
or the approach, road or drive to the property/ies
is unsuitable for the Removal Contractors’ vehicles
and/or containers to get to and load and/or unload
within 20 metres of the doorway, and as a result the
Removal Contractors have to carry out extra work not
included within the quotation.
(h)
Any parking or other fees or charges that have to be
paid by the Removal Contractor in order to carry out
the removal services on your behalf.
(i)
There are delays or events outside the Removal Contractors
reasonable control.
(j)
The Removal Contractors are asked to agree in writing
to increase their limit of liability (as set out in
clause 8 of these conditions).
In
all these circumstances a revised quotation will be
put forward and, if agreed, you will pay the adjusted
charges.
| 2.
Work not included in the quotation |
Unless
agreed by the Removal Contractor, in writing, they
will not, as part of the quoted removal services:
(a)
Dismantle or assemble unit or system furniture, fitments
or fittings.
(b)
Disconnect or reconnect appliances, fixtures, fittings
or equipment.
(c)
Take up or lay fitted floor coverings.
(d)
Move storage heaters, unless they are dismantled.
(e)
Move items from a loft or cellar, unless properly lit,
and floored and safe access is provided.
(f)
Move or store any items excluded under clause 4 of
these conditions.
The
Removal Contractors staff will not be authorised or
qualified to carry out such work. It is recommended
that a properly qualified person is separately employed
by you to carry out these services, if required.
| 3.
Your responsibility |
It
will be your sole responsibility to:
(a)
Declare to the Removal Contractor the value of the
goods being removed and/or stored.
(b)
Arrange adequate
insurance cover for the goods submitted for removal,
and/or storage, against all insurable risks,
(c)
Obtain at your own expense, all documents, permits,
licences, and/or customs documents necessary for the
removal to be completed.
(d)
Be present or represented throughout the removal.
(e)
Take all reasonable steps to ensure that nothing that
should be removed is left behind and nothing is taken
away in error.
(f)
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.
(g)
Prepare and properly stabilise all appliances or electronic
equipment prior to their removal.
(h)
Empty, properly defrost and clean refrigerators and
deep freezers. The Removal Contractors are not responsible
for the contents of this equipment.
(i)
Provide House to Home and the Removal Contractor with
a contact address for correspondence during removal,
and/or storage of goods.
Other
than by reason of the Removal Contractors negligence,
they will not be liable for any loss or damage, costs
or additional charges that may arise from any of these
matters.
| 4.
Goods not to be submitted for removal or storage |
The
following items are specifically excluded from this
contract unless otherwise agreed as below.
(a)
Jewellery, watches, trinkets, precious stones or metals,
money, deeds, securities, stamps, coins, or goods or
collections of any similar kind.
(b)
Prohibited or stolen goods, drugs, potentially dangerous,
damaging or explosive items, including gas bottles,
aerosols, paints, firearms and ammunition.
(c)
Plants or goods likely to encourage vermin or other
pests and/or plants or goods likely to cause infestation.
(d)
Refrigerated or frozen food, drink, products or goods.
(e)
Any animals and their cages or tanks including pets,
birds or fish.
(f)
Goods which require a special licence or government
permission for export or import.
Such
goods will not be removed by the Removal Contractor
except with their prior written agreement. In the event
that they do remove such goods, the Removal Contractor
will not accept liability for loss or damage wholly
or mainly attributable to the special nature of the
goods concerned. If you submit such goods without the
Removal Contractors knowledge and prior written agreement
they will not be liable for any loss or damage and
you will indemnify the Removal Contractor against any
charges, expenses, damages or penalties claimed against
them. In addition, the Removal Contractor shall be
entitled to dispose of (without notice) any such goods
which are listed under paragraphs 4(b), 4(c) or 4 (d).
| 5.
Ownership of the goods |
By
entering into this contract, you declare that:
(a)
The goods to be removed and/or stored are your own
property, or
(b)
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.
You
will meet any claim for damages and/or costs against
the Removal Contractor if these declarations are not
true.
| 6.
Charges if you postpone or cancel the removal |
If
you postpone or cancel this contract, the Removal Contractor
may charge according to how much notice is given. Notification
must be in writing by recorded delivery or electronic
medium that can provide proof of time and date stamp.
(a)
More than 14 working days before the removal was due
to start: NIL payable.
(b)
Less than 14 working days, but more than 7 working
days before the removal was due to start: 30% of the
full removal charge.
(c)
Less than 7 working days, but more than 2 working days
before the removal was due to start: 60% of the full
removal charge.
(d)
Within 48 hours of the start of the removal, 100% of
the full removal charge (the start of the removal is
viewed as the first day that the removal crew are due
to be present at the property)
| 7.
Paying for the Removal |
Unless
otherwise agreed by the Removal Contractor in writing:
(a)
Payment is required, by cleared funds in advance of
the removal or storage period.
(b)
You may not withhold any part of the agreed price.
(c)
We accept most major Debit and Credit cards. Please
note there is a charge of 2.9% for all Credit Card
transactions.
| 8.
Our liability for loss or damage |
For
the purposes of this clause, reference to an item is
reference to any one article, suite, pair, set, complete
case, carton, package or other container.
(a)
The Removal Contractors liability for loss or damage
is limited. This is set out in
clause
8(a)(i) below. You may request the Removal Contractor
increase their liability, as set out in clause 8(b)
below. This is subject to their express written agreement
in advance of carrying out the removal and/or storage
and payment of any additional charges.
(i)
In the event of the Removal Contractor losing or damaging
your goods, if they are
liable,
the Removal Contractor will pay you up to a maximum
sum of £40.00 sterling for each item which is
lost or damaged, to cover the cost of repairing or
replacing that item.
OR
(ii)
The Removal Contractor, in their sole discretion, may
choose to repair or replace the damaged item. If an
item is repaired the Removal Contractor will not be
liable for depreciation in value.
(b)
Subject to receiving your itemised (and valued) inventory
with a request in writing for the Removal Contractor
to increase their liability (above that set out in
clause 8(a) above), prior to the removal and/or storage
commencing, the Removal Contractors may offer to extend
their maximum liability to the value declared by you
to them. An additional charge for the removal/storage
is likely. This is not an insurance on the goods and
you are strongly advised to accept the insurance offered
in the Removal Contractors quote (if any) or if arranging
insurance cover yourself, you are advised to show this
contract to your insurance company.
(c)
Other than by reason of the Removal Contractors negligence,
they will not be liable for
any
loss, damage or failure to produce or deliver the goods
if this is caused by one or other of the circumstances
set out in the following:
I.
By fire, howsoever caused.
II.
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 the Removal Contractors
reasonable control.
III.
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.
IV.
By moth or vermin or similar infestation.
V.
By cleaning, repairing or restoring unless the Removal
Contractors did the work.
VI.
To any goods in wardrobes, drawers or appliances, or
in a package, bundle, case or other container not both
packed and unpacked by the Removal Contractor.
VII.
For electrical or mechanical derangement to any appliance,
instrument or equipment unless there is evidence of
external impact.
VIII.
To jewellery, watches, trinkets, precious stones or
metals, money, deeds, securities, stamps, coins, or
goods or collections of a similar kind, howsoever caused,
unless you have previously given the Removal Contractor
full particulars with value, and they have confirmed
in writing that they accept responsibility as in conditions
8(a) or 8(b) above.
IX.
To any goods which have a relevant proven defect or
are inherently defective.
X.
To animals and their cages or tanks including pets,
birds or fish.
XI.
To plants.
XII.
To refrigerated or frozen food, drink, products or
goods.
(d)
Other than by reason of the Removal Contractors negligence,
the Removal Contractor will not be liable for damages
or costs resulting indirectly from, or as a consequence
of loss, damage, or failure to produce the goods.
(e)
No employee of the Removal Contractor shall be separately
liable to you for any loss, damage, mis-delivery, errors
or omissions under the terms of this contract.
9.
Extra conditions that apply to removals to/from
a foreign country outside the United Kingdom:For
goods destined to, or received from a place outside
the United Kingdom.
|
(a)
The Removal Contractor will accept liability only for
loss or damage to goods when they are in the Removal
Contractors actual possession, and if it can be proven
that they were negligent. In such circumstances, the
Removal Contractors will accept liability as in condition
8(a)(i) or 8(b) above. The Removal Contractor are not
liable for any loss, damage or failure to produce the
goods if it is caused by those circumstances set out
in condition 8(c) above.
(b)
Where the Removal Contractor engages an international
transport operator, shipping company or airline, to
convey your goods to the place, port or airport of
destination, they do so on your behalf and subject
to the terms and conditions set out by that carrier.
By agreeing to these terms you confirm their availability
to appoint such party on your behalf.
(c)
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, and may be liable for General
Average contribution (e.g. the costs incurred to preserve
the vessel/conveyance and cargo) and salvage charges
(eg. charges payable to a person who saves those goods),
or the additional cost of onward transmission to the
place, port or airport of destination. These are insurable
risks and if appropriate it is your responsibility
to arrange adequate marine/transit insurance cover.
These risks will not be insured by the Removal Contractor.
(d)
The Removal Contractors do not accept liability for
goods confiscated, seized or removed by Customs Authorities
or other Government Agencies.
(e)
All loads that are based on a shared container or shared
vehicle are subject to additional terms, delivery times
cannot be guaranteed and any dates or times given should
be used for the purpose of guidance only. If time scales
are quoted in days then this is calculated on working
days and excludes Saturday, Sunday or any bank holiday
in both the UK and country of delivery.
| 10.
Time limit for claims |
(a)
For goods which the Removal Contractors deliver, you
must note any visible loss, damage or failure to produce
any goods at the time of delivery.
(b)
If you or your agent collect goods from the Removal
Contractors warehouse, you must note any loss or damage
at the time the goods are handed to you, requesting
that the Removal Contractor acknowledges and confirms
your note.
(c)
Notwithstanding clause 8, the Removal Contractor will
not be liable for any loss of or damage to the goods
unless a claim is notified to the Removal Contractor
(or their foreign correspondent if condition 9 applies)
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 the Removal Contractor, as the case
may be.
(d)
The time limits referred to in clauses 10(a), 10(b)
and 10 (c) above shall be essential to the contract.
(e)
Upon your written request, the Removal Contractor may
at their discretion agree to extend your time for compliance
with clause 10 (c), PROVIDED your request is received
within the time limits provided for above. Subject
to this proviso the Removal Contractor will not unreasonably
refuse such a request.
| 11.
Delays in transit |
(a)
Other than by reason of the Removal Contractors negligence,
they will not be liable for delays in transit.
(b)
If through no fault of the Removal Contractor they
are unable to deliver your goods, e.g. late arrival
of keys to the property/ies preventing completion of
the removal service on the allocated day, the Removal
Contractor will take them into store. The contract
will then be fulfilled and any additional service(s),
including storage and delivery, will be at your expense.
(c)
If through no fault of the Removal Contractor they
are unable to complete the removal services on the
stated delivery date due to delay on your part the
Removal Contractor may be entitled to ask for additional
charges, such as for extra waiting time.
| 12.
Damage to premises or property other than goods |
(a)
The Removal Contractor will not be liable for any damage
to premises or property other than goods submitted
for removal and/or storage unless they have been negligent.
(b)
If the Removal Contractors cause damage as a result
of moving goods under your express instruction, against
the Removal Contractors advice, and to move the goods
in the manner instructed will inevitably cause damage,
they shall not accept that they were negligent.
(c)
If the Removal Contractors 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. This is
essential to the contract.
| 13.
Right to Hold the Goods (lien) |
The
Removal Contractors shall have a right to withhold
and/or ultimately dispose of some or all of the goods
until you have paid all the Removal Contractors’ charges
and any other payments due under this or any other
contract. These include any charges that they have
paid out on your behalf. Whilst the Removal Contractors
hold the goods without payment you will be liable to
pay all storage charges and other costs incurred as
a result of them withholding your goods and these removal/storage
terms and conditions shall continue to apply.
| 14.
Disputes |
If
there is a dispute arising from this agreement, which
cannot be resolved by agreement or any applicable Alternative
Dispute Resolution Scheme, either you or the Removal
Contractor, may refer it to Arbitration with disputes
being determined by an arbitrator appointed by the
Chartered Institute of Arbitrators. The identity of
the Arbitrator to be agreed between you and the Removal
Contractor. This contract to be subject to the law
of the Country in which the Removal Contractors principal
place of business is situated.
| 15.
Sub-contracting the work |
(a)
The Removal Contractors reserve the right to sub-contract
some or all of the work.
(b)
If the Removal Contractors sub-contract, then these
conditions will still apply.
| 16.
Route and method |
(a)
The Removal Contractors have the full right to choose
the route for delivery.
(b)
Unless it has been specifically agreed in writing on
the Quotation, other space/volume/capacity on the Removal
Contractors vehicles and/or the container may be utilised
for consignments of other customers.
| 17.
Advice and information |
Advice
and information in whatever form it may be given is
provided by the Removal Contractor for their customer
only. Any oral advice given without special arrangement
is provided gratuitously and without contractual liability.
EXTRA
CONDITIONS THAT APPLY TO STORAGE OF GOODS
| 18.
Your forwarding address |
(a)
If you send goods to be stored you must provide the
Removal Contractor with a correspondence address for
letters and notify them if it changes. All correspondence
and notices will be considered to have been received
by you seven days (7) after posting to the last address
recorded by the Removal Contractor.
(b)
If you do not provide an address or respond to the
Removal Contractor’s correspondence or notices,
they may publish such notices in a public newspaper
in the area to or from which the goods were removed.
| 19.
List of goods (inventory) or receipt |
Where
the Removal Contractor produces a list of your goods
(an inventory) or a receipt and sends it to you, it
will be accepted as accurate unless you write to them
within seven (7) days of receipt, notifying them of
any errors or omissions.
| 20.
Revision of storage charges |
The
Removal Contractor may review their storage charges
periodically. You will be given twenty eight (28) days
notice in writing of any increases.
| 21.
Right to Sell or dispose of the Goods |
On
giving you twenty eight (28) days notice the Removal
Contractor is entitled to require you to remove your
goods from their custody and pay all money due to them.
If you fail to pay all outstanding debts due to the
Removal Contractor they are entitled to 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
with the removal company and any eventual surplus after
settlement of all money (and charges) due to the Removal
Contractor will be paid to you (without interest).
| 22.
Termination |
If
payments are up to date the Removal Contractor will
not end this contract except by giving you three (3)
calendar months notice in writing. If you wish to terminate
your storage contract, you must give the Removal Contractor
at least fourteen (14) days notice. If they can release
the goods earlier, they 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.
| 23.
Hand out charges |
If
you make your own arrangements to collect the goods
from the Removal Contractors’ warehouse they
are entitled to make a charge for handing them over.
The Removal Contractors liability will cease upon handing
over the goods.
FEB
2006
A
G WINTER T/A
Removalgroup
46-48 Mere Green Road
Sutton Coldfield
Birmingham
B75 5BT
