-
-
Terms and Conditions of
The National Guild of Removers & Storers Ltd © 2005
-
These conditions set out the terms of
the contract between the Removal and/or Storage Contractor (“the
Contractor”) and you (“the Customer”) and explain your rights and
obligations and responsibilities and those of the Contractor.
-
1.
Interpretation
-
1.1 Any
reference in these conditions to “we” or “us” is a reference to the
Contractor.
-
1.2
Any reference in these conditions to “you” is a reference to the
Customer.
-
1.3
“Goods” means the goods being removed and/or stored.
-
2.
Quotations
-
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
three months of the quotation date
-
2.2.2 Our costs increase as a result of
currency fluctuations or changes in taxation or freight charges beyond
our control
-
2.2.3 We have to collect or
deliver Goods above the first upper floor
-
2.2.4 We supply any additional
services
-
2.2.5 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 Access to the collection
or delivery point is inadequate or the approach is unsuitable for our
vehicles.
-
2.2.7 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 Our quotation is not a guarantee
that we have vehicles available on the day you require. Accordingly
your signed acceptance of our quotation does not constitute a contract
between us until you have our written confirmation that we can move
your Goods on your required date. We will send our written
confirmation within one working day of our receipt of your acceptance
of our quotation.
-
3.
Work excluded from our quotations
-
Unless
previously agreed in writing we will not: -
-
3.1 Dismantle or assemble
unit-furniture (flat-pack), fittings or fitments
-
3.2 Disconnect or reconnect appliances, fittings or equipment.
-
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 excluded 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
-
4. Excluded Property
-
The
following items are specifically excluded from this contract and will
not be removed: -
-
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.
-
Such goods will not be removed by us
except without prior written agreement. If you submit such goods
without our knowledge and prior written agreement we will not be
liable for any loss or damage except when death or injury is caused by
our negligence or that of 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 (without notice) any such goods which are listed under
paragraphs 4.2, 4.3, 4.4, 4.5, & 4.7.
-
4.8 Breakage
of owner packed property unless the box or container shows signs of
external damage
-
5. Customer's responsibility
-
It is
your sole responsibility to:-
-
5.1 Declare
to us the proper value of the Goods.
-
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 stabilise all appliances prior to their removal.
-
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.
-
6. 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.
-
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. Postponements/Cancellations
-
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:-
-
Between 4-7 days: 50% of the total removal
charges
-
3 days: 75% of the total removal charges
-
1-2 days: 90% of the total removal
charges
-
Less
than 24 hours:
100% of the total removal charges.
-
7.2 Condition 7.1 will not apply if
you elect to take any removal postponement/cancellation protection
waiver for which we have quoted.
-
8. 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. Unless we agree otherwise, you may not
withhold any part of the agreed price. Interest at 2% per month
calculated on a daily basis, is charged on all overdue accounts.
-
We reserve the right to terminate this
contract if payment is not received before the removal date, and not
to carry out any services quoted for. Failure to comply with our
payment terms will also mean that the Goods are not insured.
-
9. Our liability for loss or damage
-
9.1 Restricted liability
-
9.1.1 If you do not provide us with a
declaration of value of your goods or you do not require us to accept
Regular Liability pursuant to clause 9.2 below, then in the event that
we lose or damage your goods through our negligence or our breach of
contract, 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. In this respect an item is defined as any one
article, suite, pair, set, complete case, package, carton or other
container.
-
9.1.2 We may
choose to repair or replace the damaged or lost item. However if we
choose the repair the item we will not be liable for any depreciation
in value.
-
9.1.3 Other than because of our
negligence, we will not be liable for any loss, damage or failure to
-
deliver the goods if it is
caused by any of the following circumstances:
-
9.1.4 Fire howsoever caused.
-
9.1.5 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.
-
9.1.6 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.
-
9.1.7 Cleaning, repairing or
restoring unless we did the work.
-
9.1.8 Moth or vermin or similar
infestation.
-
9.1.9 Electrical or mechanical
derangement to any appliance, instrument or equipment unless there
-
is evidence of external
impact.
-
9.1.10 Additionally we will not be
liable for any loss of or damage to:
-
9.1.11 Any goods in wardrobes,
drawers or appliances, or in a package, bundle, case or other
container
-
not both packed and unpacked by us.
-
9.1.12 Jewellery, watches, trinkets,
precious stones or metals, money, deeds, securities, stamps, coins, or
goods or collections of a similar kind, unless you have previously
given us full information including value, and we have confirmed in
writing that we will accept responsibility
-
9.1.13 Goods which have a relevant
proven defect or are inherently defective.
-
9.1.14 Animals and their cages or
tanks including pets, birds or fish.
-
9.1.15 Plants.
-
9.1.16 Refrigerated or frozen food or
drink.
-
9.1.17 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 the goods.
-
9.2 Regular Liability
-
9.2.1 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:
-
9.2.1.1 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 £30,000 (unless we have agreed a higher amount with you).
-
9.2.1.2 Where the lost or damaged item
is part of a pair or a set, our liability to you, where it is assessed
to be the cost of replacement of that item, it 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.
-
9.3 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
-
10.
Delays in transit
-
10.1 Unless we give a specifically
agreed written timescale then arrival and departure times are an
estimate only.
-
10.2 If we do not keep to an agreed
written time scale 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 and any additional service(s), including storage and delivery, will be at your expense.
-
11.
Damage to premises
-
We shall only be liable for damage to
premises caused by our negligence. Any damages to premises must be
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.
-
12. 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.
-
13. Our rights to withhold or
dispose of goods
-
We have a legal right to withhold or
(subject to complying with the notice procedure in condition 16.6)
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.
-
14. Disputes
-
14.1 If there is a dispute
arising from this agreement which cannot be resolved either you or we
may refer it to the Conciliation Service provided by The National
Guild of Removers and Storers ("the Guild"). A referral of any matter
to the Guild by us does not affect your right to pursue the matter
through the Court.
-
14.2 As a member of the National
Guild of Removers and Storers we participate in the Removals Industry
Ombudsman Scheme ("the Scheme"). In the event that you are not
satisfied with the result of the Conciliation Service referred to
above you are entitled to refer the matter to the Ombudsman subject
always to the rules of the Scheme from time to time.
-
15.
Sub-contracting the work
-
15.1 We reserve the right to
sub-contract some or all of the work for which we have provided a
quotation without reference to you.
-
15.2 If we sub-contract
these conditions will still apply in full.
-
16.
Storage services
-
The following terms in addition to all
other terms set out in this document will apply to all contracts for
the storage of goods:-
-
16.1 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.
-
16.2 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.
-
16.3 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.
-
16.4 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 receive payment of all charges due from you to
us.
-
16.5 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.
-
16.6 On giving you 28 days'
notice we are entitled to require you to remove your goods from our
custody and pay all money due to us. 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.
-
16.7 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 endeavours to arrange the release of your goods on the
dates you require, specific dates cannot be guaranteed.
-
16.8 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.
-
17. Whole
agreement
-
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.
-
18. Jurisdiction
-
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.
