These Conditions set out the
rights and obligations of the Remover (“we”, “us” or “our”) and the
Customer (“you” or “your”). These Terms and Conditions can only be
changed with the prior written agreement of both the Remover and the
Customer. We cannot provide insurance cover in relation to your goods
and you should therefore consider whether you need separate insurance
cover. Your attention is drawn to Clause 9, which sets out our
liability in respect of your goods.
Our quotation is inclusive
of VAT but unless otherwise stated does not include customs, duties,
inspections or any other fees or taxes payable to any statutory body.
Any such duties or fees will be payable by you in addition to the price
stated in the quotation.
We reserve the right to
amend the price stated in the quotation to take account of changes of
circumstances which were not taken into account when preparing our
quotation and are confirmed by us in writing. Such factors may include
where the work is not carried out or completed within 3 months of
the date stated in the quotation;
increased costs resulting from currency fluctuations or changes
in taxation or freight charges;
we have to collect or deliver goods at your request above the
ground floor and first upper floor;
we supply any additional services;
the work is carried out outside of normal business hours (between
8.00am and 6.00pm) at your request;
we are required to provide additional services not included
within the quotation, including the moving or storing extra goods;
we are unable to obtain access to the delivery or collection
point or such accesses inadequate or inappropriate for our vehicles;
we have to pay parking or other charges; or
there are delays or events outside our reasonable control which
increase the cost or resources required to complete the work.
Our quotation does not
constitute a contract and accordingly there is no contract between us
until you have our written confirmation that we can move your goods on
the required date. Such confirmation will be sent within five
business days following receipt of your acceptance of our quotation and
the contracts then concluded will be on these Terms and Conditions.
Unless otherwise agreed in
writing, the following is not included within the quotation:-
dismantling or assembly of units or furniture (including flat
disconnecting, reconnecting, dismantling or reassembling any
appliances, fixtures, fittings or equipment;
taking up or removal of fitted floor coverings;
the movement of any item or items which our staff reasonably
believe they cannot move safely, whether due to its nature or its
You are recommended to make
arrangements for any such work to be provided for separately.
declare in writing to us the value of the goods being removed
and/or stored (unless you elect for our liability to be limited to £50
per item as set out in Clause 9.1);
obtain at your own expense all permissions, consents, licences,
permits or customs documents required for the removal of the goods;
be present, either personally, or through an authorised
representative, during the collection and delivery process;
prepare and stabilise all appliances prior to their removal;
take reasonable precautions to prevent the unauthorised removal
of goods not belonging to you and check to ensure that your goods are
provide proper protection for goods left unattended or in
empty, defrost and clean refrigerators and freezing equipment.
In addition you must provide
us with contact details during the removal process including transit
and/or storage of goods to the point of delivery.
We will not be liable for
any loss, damage, cost or additional expense that may occur as a result
of your failure to fulfil these obligations unless by reason of our own
negligence or breach of contract.
Ownership of Goods
You confirm to us that the
goods being removed are your property or that you have the authority of
the owner to enter into this contract in relation to the removal of the
goods and the storage thereof.
You undertake to indemnify
us for any claims and keep us indemnified against any claims resulting
from any breach by you of Clause 5.1.
Unless previously agreed by
us in writing by a director, the following items are excluded from this
contract and will not be removed and must not be submitted for store;
prohibited, stolen goods, drugs, pornographic material,
potentially dangerous, damaging or explosive items, aerosols, paints and
firearms and ammunition;
jewellery, watches, trinkets, precious stones or metals, money,
deeds, securities, stamps, coins or goods or collections of any similar
any goods likely to encourage vermin or other pests or to cause
infestation or contamination;
perishable items and/or those requiring a controlled environment
or refrigerated or frozen food or drink;
animals, birds or fish;
goods requiring any licence or government consent for export or
import or any movement contemplated within the removal.
If we do agree to remove any
such goods we will not accept any liability for loss or damage unless we
are negligent or in breach of contract. If you submit any such goods
without our knowledge we will make them available for your collection
and if you do not collect such goods within a reasonable time we reserve
the right to take further steps in relation to the disposal of any such
goods. You must indemnify us against any additional charges, expenses,
damages, costs or claims incurred by us as a result.
If this agreement is
postponed or cancelled, we may charge you depending on the amount of
notice of cancellation or postponement given. Our charges are as
more than 7 working days prior to the removal – no charge;
between 3 and 7 working days inclusive before the removal was due
to start – not more than 50% of the removal charge;
less than 3 working days before the removal was due to start –
the full amount.
For this purpose working
days includes Mondays to Fridays other than Public Holidays.
You must pay our charges so
that we have cleared funds in advance of the removal.
You must not withhold any
part of the agreed price.
We reserve the right to
charge interest on overdue amounts.
Payment terms may only be
varied with our written agreement in advance.
Our Liability for Loss or
Our liability for negligence
or breach of contract or otherwise under common law in relation to your
goods is limited to the value declared to us under Clause 4.1.1. or
£50,000 whichever is the least. If no such value is declared, or if you
so elect, for the maximum amount of £50 per item. These limits may
affect the quotation.
We are not liable on a “new
for old” basis for any lost or damaged goods.
We shall not be liable to
the extent that loss or damage is caused or contributed to by moving
goods under your express instructions, against our advice, and in a
manner which is likely to cause damage.
You must notify us as soon
as reasonably possible of any damage to your premises or property other
than goods submitted for removal and/or storage.
We are not liable for the
Loss or damage to cars or other motor vehicles (except motor
cycles and mopeds or the like) and/or, boats and/or caravans unless
carried within a closed vehicle, or within a trailer specially
constructed or adapted for the purpose, but including loading and
unloading, and storage within a suitable building, where carried or
stored as an incidental part of a domestic removal and/or storage
Electrical and mechanical derangement unless shown to be as a
result of physical external damage to the item concerned or as a result
of fire, flood, collision or overturning of road vehicles or other
Breakage, scratching, denting, chipping, staining and tearing of
items packed by you including trunks, suitcases and the like unless
reasonably attributable to physical damage to such items caused by
collision or overturning of road vehicles or other conveyances. This
policy shall also exclude claims for missing items unless a valued list
of contents is supplied by you to us prior to commencement of transit
and such list approved by us.
Loss or damage which occurs prior to collection or packing by us
or after delivery or unpacking by us.
Loss or damage to jewellery, watches, trinkets, precious stones,
precious metals, coins, money, deeds, bonds, securities and stamps or
collections of similar kind.
Loss or damage caused by wear and tear, gradual deterioration,
warping or shrinkage, moth and/or vermin unless it can reasonably be
demonstrated that such loss or damage arose as a result of our actions
or failings of those of our subcontractors, agents or servants.
Any consequential loss.
Loss or damage to refrigerated or frozen food and/or drink,
plants, house plants, brittle objects, items with inherent defects
howsoever caused and/or goods likely to encourage vermin or other pests
or to cause infection.
Prohibited or stolen goods, drugs, potentially dangerous,
damaging or explosive items including gas bottles, aerosols, paints,
firearms and ammunition.
Animals and their cages or tanks including pets, birds or fish.
Mysterious disappearance of customers goods in transit or in
store unless evidence can be provided to prove beyond all reasonable
doubt that the loss is solely attributable to the dishonesty or
connivance of our employees.
None of our employees will
incur any separate liability to you.
If the value of your goods
in store are, at the time of loss or damage, collectively of greater
value than the value declared, then you will bear the equivalent
proportion of the claim in the same ratio as the actual value exceeds
the declared value.
Our liability is limited to
the reasonable cost of repair and no claim will be considered in respect
of any depreciation in value of any item as a result of such repair.
Where any item consists of
items in a pair or set, we will not pay more than the value of any
particular part or parts which may be lost or damaged, without reference
to any special value which such part or parts may have as part of a pair
or set, nor more than a proportionate part of the declared value of the
pair or set.
Delays in Transit
Unless specifically agreed
all arrival and departure times are estimates only.
If a specific timetable is
agreed in writing between us and any delay within our reasonable control
occurs we will pay your reasonable expenses resulting from our failure
to keep to the agreed written timetable. If through no fault of ours
we are unable to deliver your goods and take them into storage then any
additional storage charges and delivery charges incurred as a result
will be at your expense.
Time Limit for Making Claims
You must notify us of any
loss or damage within 7 days of the collection of goods by you or their
delivery by us to their destination, unless we agree to an extension of
this time limit. If you fail to make a notification to us of such loss
or damage we will not be liable.
Withholding or Disposal of
We have a right to withhold
and/or ultimately dispose of some or all of the goods until you have
paid all our charges and any other payments due under this or any other
agreement between us. These may include any charges which we have paid
out on your behalf. While we hold the goods you will be liable to pay
all storage charges and other costs incurred by us as a result of
withholding your goods and these Terms and Conditions will continue to
We reserve the right to
sub-contract part or all of the work provided for under this Agreement
in which case these Terms and Conditions will continue to apply in full.
We may change our storage
charges and you will be given three months notice of any such change in
advance in writing.
These Terms and Conditions
are subject to the Law of England and Wales.
These Terms and Conditions
together with our quotation form the whole agreement between us and all
other correspondence or oral discussions or representations are
We may terminate this
contract on three months notice in writing. If you wish to terminate
this agreement while your goods are in storage you must give at least 10
working days notice in writing. You remain liable for charges for
storage up to the date of release of the goods to you.
© K Dennis Removals Ltd 2015 All rights reserved