Terms and Conditions of Rogers Removals © 2010
Introduction
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 set out our liability to You for loss and damage
to Your
goods and premises. Please read these clauses carefully. We are
able to insure your goods on our policy up to a maximum figure
of £50,000.00 if you accept our Insurance Option (see Term
12).
1. Our Quotation
1.1 Our quotation is not a guarantee that we have availability
to accept your booking on the date you require. Accordingly your
signed acceptance of our quotation does not constitute a contract
between us until you have our written confirmation that we have
accepted your booking.
1.2 Our quotation, unless otherwise stated, does not include
insurance, customs duties, port charges including (but not limited
to) demurrage,
inspections, or any fees, or taxes payable to government bodies
or agencies.
1.3 Our quotation is valid for twenty-eight days from the date
of issue. Unless already included in Our quotation, reasonable
additional charges may apply in the following circumstances:
1.3.1 If the work does not commence within twenty-eight days of
acceptance;
1.3.2 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;
1.3.3 Our costs change because of currency fluctuations, changes
in taxation, freight, fuel, ferry or toll charges beyond our control.
1.3.4 The work is carried out on a Sunday, or Public Holiday or
outside normal hours (call for details) at your request.
1.3.5 We have to collect or deliver goods at Your request above
the first floor level or below ground floor level which we were
not previously made aware of.
1.3.6 If You or Your agents request collection or access to Your
goods whilst they are in store. We charge a £10 plus VAT
handling fee per storage container to allow you to access during
our working hours.
1.3.7 We supply any additional services, including moving or storing
extra goods (these conditions apply to such work).
1.3.8 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.
1.3.9 We have to pay parking charges or fines for illegal parking
or other fees or charges in order to carry out services on Your
behalf. You will be responsible for paying all such charges.
1.3.10 There are delays or events outside Our reasonable control
which increase or extend the resources or time allowed to complete
the agreed work (see Term 6.2).
1.3.11 If goods or materials which we loan to you are not returned
to us or are returned in an unusable condition (see Term 3.1.9).
1.3.12 We agree in writing to increase Our limit of liability set
out in Clause 8.1 prior to the work commencing;
1.4 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 or take down blinds
or curtains.
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 Condition 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 bricks, paving
slabs, planters and the like.
2.1.7 Move any item(s) which Our removal crew reasonably believe
they cannot move safely or the removal of which may damage the
item(s) in question or its or their surroundings. 3 Your responsibility
3.1 You agree 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 Term 8.1 or 8.1.1
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 Ensure that adequate parking is available for Our vehicle(s)
at both the collection and delivery addresses and pay for any parking
charges, fines or fees as necessary.
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 Make a proper inspection of premises, property and other
goods to ensure that nothing that should be removed is left behind
and nothing is taken away in error and to check for damage caused
by Us (see Term 9.1.3).
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 disconnect and stabilise all appliances
or electronic equipment prior to their removal.
3.1.9 Ensure that our boxes or other items loaned to You by Us
remain in good condition and are made available for Us to collect
within 28 days following the move (unless otherwise agreed in writing).
We will make a charge of £2 plus VAT per box for boxes not
returned or those which are returned in an unusable condition.
3.1.10 Empty, properly defrost and clean refrigerators and deep
freezers. We are not responsible for the contents.
3.1.11 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.
3.1.12 Provide Us with a correct and up to date contact address
and telephone number during removal transit and/or storage of goods
and update us in writing immediately of any 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.
3.1.13 Ensure all payments to Us are made on time.
3.1.14 Advise the removal crew if You would like fragile items
which we have packed to be unpacked at the delivery address to
the nearest surface by Us.
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 Goods not to be submitted for removal or storage
4.1 Unless previously agreed in writing by a director or other
authorised company representative, the following items are excluded
from our liability and 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 Prohibited or stolen goods, drugs, pornographic material,
potentially dangerous, damaging or explosive items, including gas
bottles, aerosols, fuels, paints, firearms and ammunition.
4.1.2 Jewellery, watches, trinkets, precious stones or metals,
money, deeds, securities, passports, 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.
4.2 If You submit such goods without Our written agreement We will
make them available for Your collection (if we discover them) and
if You do not collect them within a reasonable time We may 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 Ownership 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 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.
6 Postponement, Cancelation and Waiting Charges
6.1 If You postpone or cancel a booking, We will charge You a reasonable
postponement or cancellation fee according to how much notice
is given as set out below in Terms 6.1.1 – 6.1.4. If You
wish to cancel or postpone a booking you must notify us in writing
(email is acceptable). If You cancel or postpone a booking at
a time when Our office is closed the cancelation or postponement
charge will be calculated from the date Our office reopened and
we were able to receive Your message or letter.
6.1.1 More than 10 working days before the removal was due to start:
No charge.
6.1.2 Between 7 and 10 days inclusive before the work was due to
start: 50% of the charge previously agreed.
6.1.3 Between 4 and 6 days inclusive before the work was due to
start: 75% of the charge previously agreed.
6.1.4 Between 0 and 3 days inclusive before the work was due to
start: 100% of the charge previously agreed.
6.2 Our quotation is based upon us being able to begin unloading
our vehicle(s) before 2pm on the day of delivery (unless specified
in writing). If we are prevented from doing so for reasons beyond
our control, waiting charges will become payable at a rate of £20
per man and per vehicle per hour plus VAT. We offer a Waiting Charge
Waiver for a fee equivalent to 7.5% of the total removal charge.
If the Waiting Charge Waiver is accepted and paid for at least
24 hours prior to the move commencing, all waiting charges will
be waived for a maximum of three hours.
7 Payment
7.1 Unless otherwise agreed by Us in writing, payment is required
in full by cleared funds in advance of the storage period and
at the point of booking for removals. 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.
7.3 You may not withhold payment for any reason (except with our
written consent). Failure to comply with our payment terms will
result in any liability that we have previously agreed to accept
for Your goods becoming null and void.
7.4 Cheques returned to us as unpaid will incur a charge of £20
plus VAT which will be added to Your account.
7.5 Storage charges are calculated by rounding up to the nearest
full week (also see Term 1.3.6).
7.6 In respect of all sums which are overdue to us, We will charge
2% of the amount owed to us for each week that the account remains
overdue.
8 Our liability for loss or damage
8.1 If You choose not to accept Our Insurance Option 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
Term 1.3.12 (Our Quotation). Unless otherwise agreed in writing,
if we are negligent or in breach of contract We will pay You
up to £50 for each item which is lost or damaged as a direct
result of any negligence or breach of contract on Our part to
cover (or contribute towards) the cost of repairing or replacing
that item. However, the first £50 of the total value of
the claim(s) is excluded from Our liability.
8.1.1 Subject to Our having received Your itemised valued inventory
(see Term 3.1.1) within a reasonable period prior to the commencement
of work We may agree to increase Our liability, for an additional
charge. We will not unreasonably withhold consent to such a request.
This is not insurance cover and Your attention is drawn to the
Insurance Option in Clause 12.
8.2 For goods destined to, or received from a place outside the
United Kingdom;
8.2.1 We will only accept liability for loss or damage arising
from Our negligence or breach of contract whilst the goods are
in Our physical possession (Term 8.1.1 above will apply).
8.2.2 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.
8.2.3 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.
8.2.4 We do not accept liability for goods confiscated, seized,
removed or damaged by Customs Authorities or other Government Agencies.
8.3 For the purposes of this Agreement an item is defined as:
8.3.1 The entire contents of a box, parcel, package, carton, or
similar container; and
8.3.2 Any other object or thing that is moved, handled or stored
by us.
9 Damage to premises, property or other goods
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 (see Term
10.6). Therefore Our liability is limited as follows:
9.1.1 If we cause loss or damage to premises or property or other
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/or where moving the
goods in the manner instructed is likely to cause damage, We shall
not be liable for any damage which results.
9.1.3 If We are responsible for causing damage to Your premises,
property or other goods submitted for removal and/or storage, You
must note this on the worksheet or waybill before Our staff leave
the premises. We will not be liable for any claims made for damage
where the damage was not noted on the worksheet or waybill before
Our staff left the premises in question (see Term 3.1.6).
10 Exclusions of liability
10.1 We shall not be liable for loss, damage, 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.
10.2 We will not be liable for any loss, damage or failure to produce
the goods as a result of:
10.2.1 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.
10.2.2 Moth or vermin or similar infestation.
10.2.3 Cleaning, repairing or restoring unless We arranged for
the work to be carried out.
10.2.4 Changes caused by atmospheric conditions such as dampness,
mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration
unless directly linked to ingress of water. OR
10.2.5 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.
10.2.6 For electrical or mechanical derangement to any appliance,
instrument, clock, computer or other equipment unless there is
evidence of related external damage.
10.2.7 For any goods which have a pre-existing defect or are inherently
defective.
10.2.8 For perishable items and/or those requiring a controlled
environment.
10.2.9 For items referred to in Clause 4.
10.2.10 For plants and self assembly furniture.
10.2.11 For any floor coverings, pathways or driveways.
10.3 No employee of Ours shall be separately liable to you for
any loss, damage, misdelivery, errors or omissions under the terms
of this Agreement.
10.4 Where goods are handed out from store Our liability will cease
upon handing over the goods to You or Your authorised representative
(see Term 11.1).
10.5 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.
10.6 We shall not be liable for loss or damage if there are other
workmen at either the collection or delivery addresses unless it
is proved beyond reasonable doubt that Our staff were responsible.
10.7 Our liability does not cover any loss or damage which is not
caused by Us or items which are not lost or damaged but which may
form part of a set.
11 Time limit for claims
11.1 If You or Your authorised representative collect the goods,
We must be notified in writing (on the release form or waybill)
of any damage before You or Your agent load the item(s) in question
and also notified in writing (on the release form or waybill)
of any loss before You or Your agent leave Our premises or
the hand
over location.
11.2 We will not be liable for any loss or damage to any property
or premises unless it is pointed out to our staff and noted by
You on the waybill before Our staff leave the premises (see Term
9.1.3). Any claim for loss or damage must then be made to us
in writing within seven (7) days of delivery by Us to their destination. 12 Insurance Option
This condition applies if You have accepted and paid for the Insurance
Option we offer at least 24 hours before the removal is due to
commence. Details of the cover are set out in the Summary Of
Our Insurance provided to You (leaflet enclosed with quote) full
details of the policy are available upon request.
12.1 We shall take out and maintain a contract of insurance in
accordance with the Summary Of Our Insurance. The insurance will
cover Us for any claims made by You if Your goods are lost or damaged
whilst in the care custody or control of ourselves, our agents
or sub-contractors. The basis of settlement shall be the replacement
value of the goods taking into account the value of the goods stated
by You when You entered into this agreement not exceeding £50,000.00
(unless agreed by us in writing). You must notify Us in writing
of any item(s) due to be moved or stored by Us with a value exceeding £5000.00
if you accept Our Insurance Option. Our policy is not new for old
and the insurers will take in to account the age and degree of
use when settling a claim. Our policy does not cover items which
are excluded from Our liability within this contract.
12.2 In the event of a claim the following provisions shall apply:
We will provide you with a claims form you will return to Us and
We shall notify the insurer within 7 days of receipt from You.
You will be responsible for quantifying the claim and providing
two competitive quotes to repair or replace item(s) as necessary.
For the purposes of processing any claim You must provide Us, the
insurer or any agent appointed by the insurer (to investigate Your
claim) with such information as may reasonably be required to assist
with enquiries relating to the claim. We will also provide to You,
the insurer, or any agent appointed by the insurer (to investigate
the claim), with such information and assistance in relation to
the claim as may reasonably be required. While we will, notify
claims to the insurer, we are not under any circumstances obliged
to start or threaten to start any legal proceedings in relation
to any such claim [unless specifically agreed with you in writing].
12.3 When an insurance claim has been made and insurers have agreed
to settle the claim, We shall pay or arrange for payment to be
made direct to You any settlement agreed with insurers after deduction
of any outstanding sums due to Us from You. For the avoidance of
doubt, You agree that our liability to You in respect of any claim
shall be limited to the sums, which We are able to recover from
insurers under such insurance cover and We shall have no further
liability to You in respect of Your claim.
12.4 The first £50 of any claim is not covered by Us or the
insurers that we appoint. You will be responsible for paying the
first £50 of the total value of any claim(s).
12.5 We are not qualified or authorised to give You any advice
concerning this insurance cover and We make no representations
and give no warranties as to whether it meets Your particular demands
or needs. It is Your responsibility to make your own judgment as
to whether such insurance meets Your own requirements. We will
not be liable for any loss or damage costs or expenses You incur
if the insurance does not meet Your requirements.
12.6 Items listed in clause 4 and 10 will not be covered under
Our insurance policy or Our liability to You.
12.7 Nothing in this Condition 12 shall make us Your agent.
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.
13.3 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.
14 Our Right to Hold the Goods (lien)
“
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 Term 21 and 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 disposal and legal costs) reasonably incurred
by Us in recovering Our charges and applying Our right of lien.
These terms and conditions shall continue to apply.
15 Disputes
If there is a dispute arising from this Agreement, which cannot
be resolved, either party may refer it to the or to the conciliation
services provided by the National Guild of Removers (NGRS) or
the British Association of Removers (BAR). If the dispute cannot
be settled by this method, it may be referred by either party
to the Removals Industry Ombudsman (Tel: 01753 888206) or to
the BAR Arbitration Service (Tel: 01923 699486). Both schemes
offer an independent and impartial dispute resolution service.
Using the Removals Industry Ombudsman service is free of charge.
Conciliation 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 utilised 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 laws of England and Wales.
20 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 / providing,
or within a reasonable period agreed between us, notifying Us
of any errors or omissions.
21 Revision of storage charges
We review our storage charges periodically. You will be given 30
days’ notice in writing of any increases.
22 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 and charges which We incur as
a result will be added to Your account.
23 Termination
If payments are up to date and the account is well maintained,
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 (this is
not a guarantee that we will have availability to deliver on
the date You require). 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.
|
Terms
and Conditions
