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Terms & Conditions

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. Your attention is drawn to 
Clauses 4, 9, 10, 11 and 12  which set out our liability to you for 
loss of or damage to goods and property.

Our Quotation
1.1  Our quotation, unless otherwise stated, does not include 
customs 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 the provisions 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. 
These include:
1.2.1  You do not accept our quotation in writing within 28 
days, or the work is not carried out or completed within three months.
1.2.2  Our costs change because of currency fluctuations or 
changes in taxation or freight charges beyond our control.
1.2.3  The work is carried out on a Saturday, Sunday, or 
Public Holiday or outside normal hours (08.00-18.00hrs) at your request.
1.2.4  We have to collect or deliver goods at your request 
above the ground floor and first upper floor.
1.2.5  If you collect some or all of the goods from our 
warehouse, we are entitled to make a charge for handing them over.
1.2.6  We supply any additional services, including moving or 
storing extra goods (these conditions apply to such work).
1.2.7  The 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.
1.2.8  We have to pay parking or other fees or charges in 
order to carry out services on your behalf.
1.2.9  There are delays or events outside our reasonable 
control which increase or extend the resources or time allowed to 
complete the agreed work.
1.2.10  We agree in writing to increase our limit of liability 
set out in clause 9.1.1
1.3  In any such circumstances, adjusted charges will apply and 
become payable.
2  Work not included in the 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 fitted floor coverings.
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 Clause 5.
2.2  Our staff are not authorized 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  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 clause 9.1 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  Be present or represented during the collection and 
delivery of the removal.
3.1.4  Ensure authorized signature on agreed inventories, 
receipts, waybills, job sheets or other relevant documents by way of 
confirmation of collection or delivery of goods.
3.1.5  Take all reasonable steps to ensure that nothing that 
should be removed is left behind and nothing is taken away in error.
3.1.6  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.
3.1.7  Prepare adequately and stabilize all appliances or 
electronic equipment prior to their removal.
3.1.8  Empty, properly defrost and clean refrigerators and 
deep freezers.  We are not responsible for the contents.
3.1.9  Provide us with a 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 for 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 for 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 being packed/ made 
ready for transportation or storage.
4.3  If we fail to discharge the responsibilities identified in 
clause 4.1 and 4.2, we will, subject to the provisions of clauses 9, 
11 and 12, be liable under this agreement to compensate you for such 
failure.
4.4  We will not be liable to compensate you where clauses 2.2, 
3.2, 5.2 and 5.3 apply unless loss or damage occurred as a result of 
negligence or breach of contract on our part.
4.5  If you do not provide us with a declaration of value of your 
goods, or if you do not require us to accept standard liability 
pursuant to clause 9.1 we will not be liable to you for failure to 
discharge the responsibilities identified in clause 4.1 and 4.2, 
unless that failure was caused by negligence or breach of contract on 
our part.
4.6  The amount of our liability under this clause shall be 
determined in accordance with clauses 9 and 11.
5.  Goods not to be submitted for removal or storage
5.1  Unless previously agreed in writing by a director or other 
authorized company representative, the following items must not be 
submitted for removal or storage and will under no circumstances be 
moved or stored by us.  The items listed under 5.1.1 below may 
present risks to health and safety and of fire.  Items listed under 
5.1.2 to 5.1.6 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  Plants or goods likely to encourage vermin or other 
pests or to cause infestation or contamination.
5.1.4  Perishable items and/or those requiring a controlled 
environment.
5.1.5  Any animals, birds or fish.
5.1.6  Goods which require special licence or government 
permission for export or import.
5.2  If we do agree to remove such goods, we will not accept 
liability for loss or damage unless we are negligent or in breach of 
contract, in which case all these conditions will apply.
5.3  If you submit such goods without our knowledge we will make 
them available for your collection and if you do not collect them 
within a reasonable time we will apply for an appropriate court order 
to dispose of any such goods found in the consignment without 
notice.  You will furthermore pay to us any charges, expenses, 
damages, legal costs or penalties incurred by us.
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 10 working days before the removal was due to 
start:  No charge.
7.1.2  Between 5 and 10 working days inclusive before the 
removal was due to start: not more than 30% of the removal charge.
7.1.3  Less than 5 working days before the removal was due to 
start: not more than 60% of the removal charge.
8.  Payment
8.1  Unless otherwise agreed by us in writing:
8.1.1  Payment is required by cleared funds in advance of the 
removal or storage period.
8.1.2  You may not withhold any part of the agreed price.
8.1.3  In respect of all sums which are overdue to us, we will 
charge interest on a daily basis calculated at 4% per annum above the 
prevailing base rate for the time being of the Bank of England.
9.  Determination of amount of our liability for loss or damage
9.1  Standard Liability.
9.1.1  If you provide us with a declaration of the value of 
your goods, and subject to clause 3.1.1, the amount of our liability 
to you in the event of loss or damage to those goods in breach of 
clause 4 will be determined in accordance with Clauses 9.1.2, 9.1.3 
and 11 below, subject to a maximum liability of £25,000. We may agree 
to accept liability for a higher amount, in which case we may make an 
additional charge.
9.1.2  In the event of loss of or damage to your goods in 
breach of clause 4, our liability to you is to be assessed as a sum 
equivalent to the cost of their repair or replacement whichever is 
the smaller sum, taking into account the age and condition of the 
goods immediately prior to their loss or damage, and subject to the 
maximum liability of £25,000 referred to in clause 9.1.1 (unless we 
have agreed a higher amount with you).
9.1.3  Where the lost or damaged item is part of a pair or 
set, our liability to you, where it is assessed as the cost of 
replacement of that item, 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.
9.2  Limited Liability.
9.2.1  If you do not provide us with a declaration of value, 
or if you do not require us to accept Standard Liability pursuant to 
clause 9.1, then our liability to you is to be determined in 
accordance with Clauses 9.1.3, 9.2.2 and 11.
9.2.2  In the event of loss of or damage to your goods caused 
by negligence or breach of contract on our part, our liability to you 
is to be assessed as a sum equivalent to the cost of their repair or 
replacement, taking into account their age and condition immediately 
prior to their loss or damage, subject to a maximum liability of £40 
per item. Your attention is drawn to clause 11.1 which applies to 
Limited Liability.


9.3  For goods destined to or received from a place outside the UK
9.3.1  We will only accept Standard Liability if you provide 
us with a detailed valuation of your goods on the valuation form 
which we provide. All other provisions of Clause 9.1 will apply.
9.3.2  We do not accept liability for loss of or damage to 
goods confiscated, seized, removed or damaged by Customs Authorities 
or other Government Agencies unless we have been negligent or in 
breach of contract.
9.3.3  We do not accept liability for loss of or damage to 
goods occurring in certain overseas countries, including Gambia, 
Iran, Iraq, Nigeria, Libya, Lebanon, Angola, Cambodia, Vietnam, N. 
Korea and Former States of the USSR, unless we have been negligent or 
in breach of contract. This list is not exhaustive, and we will 
advise you at the time of quotation if this exclusion applies.
We will accept liability for loss or damage
(a) arising from our negligence or breach of contract 
whilst the goods are in our physical possession, or
(b) whilst the goods are in the possession of others if 
the loss or damage is established to have been caused by our failure 
to pack the goods to a reasonable standard where we have been 
contracted to pack the goods that are subject to the claim. In either circumstance clause 9.1 or 9.2 above will 
apply.
9.4  An Item is defined as :-
9.4.1  The entire contents of a box, parcel, package, carton, or 
similar container;  and
9.4.2  Any other object or thing that is moved, handled or stored 
by us.
10.  Damage to premises or property other than goods
10.1  Because third party contractors are frequently present at the 
time of collection or delivery our liability for loss or damage is 
limited as follows:
10.1.1  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.
10.1.2  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.
10.1.3  If we 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 as 
soon as practically possible or within a reasonable time.  This is 
fundamental to the Agreement.
11.  Exclusions of liability
11.1  In respect of Limited Liability, we will not be liable for 
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 
negligent or in breach of contract.
11.2  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 of, damage to, or failure to produce the 
following goods :-
11.2.1  Bonds, Securities, Stamps of all kinds, Manuscripts or 
other Documents or Electronically held Data Records, Mobile Telephones
11.2.2  Plants or goods likely to encourage vermin or other 
pests or to cause infestation or contamination.
11.2.3  Perishable items and/or those requiring a controlled 
environment.
11.2.4  Furs exceeding £100 in value, Jewellery, Watches, 
Precious Stones and Metals, Money, Coins, Deeds.
11.2.5  Any animals, birds or fish.
11.3  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 of, damage to, or failure to produce the goods 
if caused by any of the following circumstances:-
11.3.1  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 our reasonable control.
11.3.2  Loss or damage arising from ionising radiations or 
radioactive contamination
11.3.3  Loss or damage arising from Chemical, Biological, Bio-
chemical, Electromagnetic Weapons and Cyber Attack
11.3.4  Indirect or consequential loss of any kind or description
11.3.5  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.
11.3.6  By vermin, moth, insects and similar infestation, 
damp, mould, mildew or rust
11.3.7  By cleaning, repairing or restoring unless we arranged 
for the work to be carried out.
11.3.8  By change to atmospheric or climatic conditions.
11.3.9  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.
11.3.10  Loss of or damage to china, glassware and fragile 
items unless they have been both professionally packed and unpacked 
by the us or our  Subcontractor.  In the event of an accident 
involving an owner packed container where 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.
11.3.11  For electrical or mechanical derangement to any 
appliance, instrument, clock, computer or other equipment unless 
there is evidence of related external damage.
11.3.12  Loss or damage of motor vehicles caused by 
scratching, denting and marring unless you obtain from us a pre-
collection condition report.
11.3.13  Loss or damage to a vehicle whilst being driven or 
for the purpose
of being driven under its own power other than for the purpose of 
loading onto or unloading from the carrying conveyance or container. 
Loss or damage sustained by accessories and removable items unless 
lost with the vehicle
11.3.14  For any goods which have a pre-existing defect or are 
inherently defective.
11.4  No employee of ours shall be separately liable to you for any 
loss, damage, mis-delivery, errors or omissions under the terms of 
this Agreement.
11.5  Our liability will cease upon handing over goods from our 
warehouse or upon completion of delivery (see Clause 12.2 below).
12  Time limit for claims
12.1  For goods which we deliver, you must notify us in writing of 
any visible loss, damage or failure to produce any goods at the time 
of delivery.
12.2  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.
12.3  Notwithstanding clauses 9, 10 and 11 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.
12.4  The time limit for notifying us of your claim may be extended 
upon receipt of your written request provided such request is 
received within seven (7) days of delivery.  Consent to such a 
request will not be unreasonably withheld.
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.
14  Our Right to Hold the Goods (lien)
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 23). 
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.
15  Disputes
If there is a dispute arising from this Agreement, which cannot be 
resolved, either party may refer it to the Conciliation Service 
provided by the British Association of Removers (BAR).  If the 
dispute cannot be settled by this method, it may be referred by 
either party to the BAR Arbitration Service.  Under this scheme, the 
case will be independently determined by an arbitrator appointed by 
the Chartered Institute of Arbitrators.  Recourse to arbitration is 
subject to certain limits, current details of which are available 
upon request from BAR, Tel: 020 8861 7769, Fax: 020 8861 3332, 
Email: .  This 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 utilized 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 law of the country in which the 
office of the company issuing this contract is situated.
20  Your forwarding address
20.1  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.
20.2  If you do not provide an address and/or do not respond to our 
correspondence or notices, we may publish such notices 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.
21  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, or a reasonable period 
agreed between us, notifying us of any errors or omissions.
22  Revision of storage charges
We review our storage charges periodically.  You will be given 3 
months notice in writing of any increases.
23  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.
24  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 (working days are defined in Clause 7 above).  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.
© Liability Terms - Copyright of The British Association of Removers 
Limited 2004 these contract conditions for use only by firms having 
permission
 

 

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