TERMS AND CONDITIONS
These conditions explain the rights, obligation 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 condition can be varied or amended subject to prior written agreement. Your attention is drown to Clauses 4, 9,11 and 12, which set out our liability to you for loss of or damage to goods and property.
1. Our Quotation
1.1. Our quotation, unless otherwise stated, does not include custom duties and inspections or any other fees or taxes payable to government bodies. It does include us accepting liability for your goods, subject to clauses 2.2, 3.2, 5.2, 5.3 and previous of Clauses 4, 9, 10, 11, and 12.
1.2. We may change the price or make additional charges if circumstances are found to apply, which have not been taken into account when preparing our quotation and confirmed by us in writing.
1.3. Our cost change because of currency fluctuation or changes in taxation or freight charges beyond our control.
1.4. The work is carried out on Saturday, Sunday or Public Holiday or outside normal hours (08.00 -18.00hrs) at your request.
1.5. We have to collect or deliver goods at your request above the ground floor and first upper floor.
1.6. If you collect some or all of the goods from our warehouse, we are entitled to make a charge for handing them over.
1.7. We supply any additional services, including moving or storing extra goods (these conditions apply to such work).
1.8. The stairs, lifts or doorways are inadequate for free movements 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 meters of the doorway.
1.9. We have to pay parking or other fees or charges in order to carry out services on your behalf.
1.10. These are delays or events outside our reasonable control, which increase or extend the resources or time allowed to complete the agreed work.
1.11. In any such circumstances, adjusted charges will apply and become payable.
2. Work not included in our quotation
2.1. Unless agreed by us in writing, we will not:
2.1.1. Dismantle or assemble unit or system furniture (flat-pack), fitments or fittings
2.1.2. Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment.
2.1.3. Take up or lay floor coverings
2.1.4. Move items from a loft, unless property lit and floored and safe access is provided.
2.2. Our staff are not authorised or qualified to carry out such work. We recommend that a properly qualified person is separately employed by you to carry out these services.
3. Your responsibility
3.1. It will be your sole responsibility to:
3.1.1. Be present or represented during the collection and delivery of the removal.
3.1.2. Ensure authorized signature on agreed inventories, receipts, waybills, job sheets or other relevant documents by way to confirmation of collection or delivery goods.
3.1.3. Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
3.1.4. Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
3.1.5. Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
3.1.6. Provide us with contact address for correspondence during removal transit and/or storage of goods.
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. Our responsibility
4.1. It is our responsibility to deliver your goods to you, or produce them your collection, undamaged. By “undamaged” we mean in the same condition as they were in at the time when they were packed or otherwise made ready for transportation and/or storage.
4.2. In the event that we have undertaken to pack the goods, or otherwise make them ready transportation and/or storage, it is our responsibility to deliver them to you, or produce them for your collection, undamaged. Again, by “undamaged” we mean in the same condition as they were in immediately prior to begine paced/made ready for transportation or storage.
5. Goods not to be submitted for removal or storage
5.1. Unless previously agreed in writing by a director or other authorised company representative, the following items must not be submitted for removal or storage and will under no circumstances be moved or stored with us. The items listed under 5.1.1. below may present risks to health and safety of fire. Items listed under 5.1.2 to 5.1.3 below carry other risks and you should make your own arrangements for their transport and storage.
5.1.1. Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
5.1.2. Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.
5.1.3. Perishable items and / or those requiring a controlled environment.
6. Ownership of the goods
6.1. By entering into this agreement, you guarantee that:
6.1.1. The goods to be removed and / or stored are your own property, or
6.1.2. 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.
6.1.3. You will pay us for any claim for damages and / or costs brought against us if either warranty 6.1.1 or 6.1.2 is not true.
7. Charges if you postpone or cancel the removal
7.1. If you postpone or cancel this agreement, we will charge you according to how much notice is given. “Working days” refer to the normal working week of Monday to Friday and excludes weekends and public holidays.
7.1.1. More than 7 Working days before the removal was due to start: No charge.
7.1.2. If we required a 50% deposit from you prior to your removal, you are then liable to a cancellation fee of up to 50% if you cancel or postpone within 7 working days of the date your removal was due to start.
7.2. Any expenditure’s covered by White Van Gentlemen prior to the removal such as parking suspensions, ferry bookings, crate hire and machinery hire will be reclaimed by us on cancellation.
7.3. If there is a long delay (for example waiting for keys) there would be a charge of £60+ VAT per hour. This is very unusual but can unfortunately occur.
8. Payment
8.1. Unless otherwise agreed by us in writing:
8.1.1. A deposit of 50% of the removal is required on confirmation of booking the removal.
8.1.2. Full payment is required by cleared funds in advance of the removal.
8.1.3. You may not withhold any of the agreed price.
9. Damage to the premises or property other than goods
9.1. Due to the fact that third party contractors are frequently present at the time of collection or delivery our liability for loss or damage is limited as follows:
9.1.1. If we cause loss or damage to premises or property other than 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 where to move the goods in the manner instructed is likely to cause damage, we shall not be liable.
9.1.3. If we are responsible for causing damage to your premises or to property other than goods submitted for the removal and / or storage, you must note this on the worksheet or delivery receipt as soon as practically possible or within a reasonable time. This is fundamental to the agreement.
10. Exclusions of liability
10.1. In respect of Limited liability, we will not be liable for the loss of or damage to your goods as a result of fire or explosion howsoever that fire or explosion was caused, unless we have been in breach of contract.
10.2. In respect of standard liability and Limited liability, other than as a result of our negligence or breach of contract we will not be liable for any loss or damage to, or failure to produce the following goods:
10.2.1. Bonds, securities, stamps of all kinds, Manuscripts and other documents or electronically held data records, mobile telephones.
10.2.2. Perishable items and / or those requiring a controlled environment.
10.2.3. Furs exceeding £100 in value, jewellery, watches, Precious stones and metals, money, coins, deeds.
10.3. In respect of standard liability and Limited liability, other than as a result of our negligence or breach of contract we will not be liable for any loss or damage to, or failure to produce the goods if caused by any of the following circumstances: -
10.3.1.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.
10.3.2.By vermin, moth, insects, and similar infestation, damp, mould, mildew or rust.
10.3.3.By cleaning, repairing or restoring unless we arranged for the work to be carried out.
10.3.4.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.
10.3.5.Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by our subcontractor or us. In the event of an accident involving an owner packed container where the damage would have occurred irrespective of the quality of the packing, then our liability is limited to £100 or its actual value whichever is less.
10.3.6.For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of external damage.
10.3.7.For any goods which have a pr-existing defect or are inherently defective.
10.4. No employee of ours shall be separately liable to you for any loss, damage, miss-delivery, errors or omissions under the terms of this agreement.
10.5. Our liability will cease upon handing over goods from our warehouse or upon handing over goods from our warehouse or upon completion of delivery (see clause 11.2 below)
11. Time limit for claims
11.1. For goods that we deliver, you must notify us in writing of any visible loss, damage or failure to produce any goods at the time of delivery.
11.2. If you or your agent collect the goods, you must notify us in writing of any loss or damage at the time the goods are handed to you or your agent.
11.3. Notwithstanding clauses 8 & 9 we will not be liable for any loss of or damage to the goods unless a claim is notified to us, or to our agent or the company carrying out the collection or delivery of the goods on our behalf, 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 us.
12. Delays in transit
12.1. Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit.
12.2. If through no fault of ours we are unable to deliver your goods, we will take them in to store. This agreement will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense.
13. Our right to hold the goods (lien)
13.1. We shall 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. (See also clause 18). 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 incurred by our withholding your goods and these terms and conditions shall continue to apply.
14. Our right to subcontract the work
14.1. We reserve the right to sub-contract some or all the work.
14.2. If we sub-contract, then these conditions will still apply.
15. Route and Method
15.1. We have the right to chose the method and route by which to carry out the work.
15.2. 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.
16. Your forwarding address
16.1. If you send goods to be stored, you must provide an address for correspondence and notify us if it changes. All correspondence and notices will be considered to have been received by you seven days after sending it to your last address recorded by us.
16.2. If you do not provide an address and / or do not respond to our correspondence or notices, we may publish such notes in a public newspaper in the area to or from which the goods were removed. Such notice will be considered to have been received by you seven days after the publication date of the newspaper.
Note: If we are unable to contact you, we will charge you any costs incurred in establishing your whereabouts.
17. List of goods (inventory) or receipt
Where we produce a list of your goods (inventory) or a re 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, or a reasonable period agreed between us, notifying us of any errors or omissions.
18. Revision of storage charges
We review our storage charges periodically. You will be given 3 months notice in writing of any increases.
19. 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 the 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 sue is not received, we may seek to recover the balance from you.
20. Termination
If payments are up to date, 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. 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.