Terms and Conditions
REMOVAL REMEDY LTD
TERMS AND CONDITIONS OF SERVICES
No variation of these conditions (or of any of the documents referred to herein) shall be valid unless it is in writing and signed by or on behalf of you and us. The terms of these conditions cannot be varied other than by your and our mutual consent. Our consent can only be provided by the [managing director/director/senior manager] and must be evidenced in writing.
Where reference is made to “client”, “you” or “your” it means you, the client entering into the agreement with us for services, and includes the party to whom our quotation is addressed and the party by whom the acceptance is signed, and “your” has a corresponding meaning.
Where reference is made to “we”, “us” or “our” it means Removal Remedy Ltd.
“Quotation” means our formal document setting out the quotation cost of your removal.
“Goods” means all furniture and other effects which are to be the subject of the services.
“Service” means the whole of the work to be undertaken by us in connection with the goods including office, storage, disposal, gym equipment and removals and international removals (if applicable).
“Agreement” means the contract between you and us for the supply of the services in accordance with these conditions, including the confirmed acceptance in writing and quotation and any relevant schedules.
“Subcontractor” means any person other than one of our employees who, under any agreement or arrangement with us (whether directly or indirectly) performs or agrees to perform the whole or any part of the services.
“Working days” refer to Monday to Friday including weekends and public holidays.
“Variation” shall include any variation, supplement, deletion or replacement however effected.
“Lien” is our legal right to hold your goods until you have paid all outstanding charges.
“Force majeure’’ refers to any circumstance not within our reasonable control including strikes or disturbances, acts of nature, fire, floods, lightning, severe weather, shortages of materials, rationing, service failures, failure of or delay of any person from which the party must obtain information in order to perform its obligations under the agreement, failure or delay in any system of electronically transmitting or receiving information or funds, earthquakes, war, revolution, terrorist act, civil commotion, acts of public enemies, blockade, embargo, or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government.
We reserve the right to refuse to quote for the carriage of goods for any particular person and for carriage of any goods or classes of goods at our discretion.
All quotations are based on normal working hours, 8.30am – 6pm Monday to Friday, 9am – 6pm on Saturday and 11am – 5pm on Sunday. Work commenced outside of these hours is classed as “Out of Hours Services” and will incur overtime fees, unless otherwise specified by us in writing.
Our detailed quotation will provide a comprehensive summary of all inclusions but excludes cancellation/postponement waivers, fees to government bodies or agencies, charges associated with any extensive customs examination, quarantine charges, bond or storage charges, customs charges, or any extraordinary expenses. This is not an exhaustive list. Unless otherwise stated, these charges remain your total responsibility.
Our quotation for any European international service is based on current ocean and/or air freight rates. All calculations or foreign currency in our quotation have been converted at the prevailing rate of exchange at the date of the quotation. We reserve the right to alter our quotation should a significant variance to these rates occur, prior to or at the start of the commencement by us of your removal.
If the removal varies from that contained within the quotation provided and the acceptance, or if we are prevented from or delayed in undertaking the move or any part thereof (except where that prevention or delay results from a factor within our control), we will also be entitled to make a reasonable additional charge.
All pricing in our quotation is in pounds sterling (GBP) unless otherwise indicated.
EXCLUDED FROM QUOTATION
WE WILL NOT:
Disconnect or reconnect appliances, fixtures and fittings.
Take up or lay fitted floor coverings.
Move items from or access a loft area, without the provision of adequate lighting, safe access and suitable flooring.
Move loaded refrigerators/deep freezers.
Dismantle or assemble limited garden items such as sheds, greenhouses, garden shelters, large outdoor play equipment, trampolines, hot tubs, satellite dishes, or move paving slabs, ground planters and the like.
Due to our strict observance of our duty of care with our employees, we will only move items in accordance with the manual handling operations regulations 1992 (U.K.) or any equivalent law or regulations. If this is not possible, you will be informed of the issue and that we will not be able to move the item. We will then bear no further responsibility for the movement of the item.
In providing the service, we promise to:
Use the required knowledge, behaviours, qualifications, training and skills essential for every service.
Ensure that all materials we use are of satisfactory quality and are fit for purpose.
Comply with all applicable health and safety, laws and regulations in force.
Have no liability to you if such compliance results in any breach of our responsibilities contained within the agreement; and take due care of all goods in our possession.
Additional charges will be applied in the following circumstances:
If the move does not take place within twenty-eight days of the quoted date of the services.
Any fluctuations in currency, changes in taxation, freight, fuel, ferry or toll charges beyond our control.
Moves carried out on a Saturday, Sunday, public holidays or if you request delivery and/or collection outside of our normal working hours (listed above).
Collection and/redelivery above the first upper floor in apartments/buildings without an available lift.
Any additional services proffered, such as the moving or storage of further items.
If mechanical equipment is required or structural alteration to the property as a consequence of prohibitive restrictions in space at the entrance or approach to your property, or the road or drive is unsuitable for our vehicles and/or containers to load and/or unload within 20 metres of the doorway.
There are unforeseeable delays or events which impact the resources or timescales initially allowed to carry out the move.
You are in full agreement that you will be liable for any reasonable charges arising as a consequence of any of the above circumstances.
Unless otherwise agreed, a minimum deposit of 30% of the removal cost is payable upon acceptance of our quotation, on fixed quoted services costing over £500. This is non-refundable, unless the client has cancelled their booking 28 days prior to their scheduled service.
Unless otherwise agreed, a minimum deposit of 30% of the removal cost is payable upon acceptance of our quotation, on services that will take longer then 5 hours to complete. This is non-refundable, unless the client has cancelled their booking 28 days prior to their scheduled service.
The balance of the deposit for the service due to be provided must be received by us and payment cleared at least three working days before the removal is due to take place.
If you fail to make such payment, we reserve the right to refuse to undertake the removal, offer storage or fulfil the desired service, until such payment is received.
You may not withhold any part of monies due because of any claim you may wish to make against us.
All outstanding balances must be paid upon completion of the service provided.
We are aware situations and issues may occur where this may cause the client to not be able to pay upon completion of the job. If this applies to you, you MUST sign a LATE PAYMENT AGREEMENT before your booking commences.
If you have not paid within the agreed terms, we will be entitled to charge interest on all overdue sums calculated at 50% of the total balance due.
We will also be entitled to recover all our reasonable costs that may be incurred by us to recover such outstanding amounts. (e.g. Debt collection fees, court costs, solicitor fees, etc.)
We offer insurance for the goods to be insured during the transit and storage, including public liability. We are also covered for building and personal belongings damaged whilst under our care.
In the unlikely event of any damage, for up to £200 we cover / promise to replace / repair like for like. Items that are non-repairable or replaceable, where a cash replacement is not suitable, we'll go through insurance.
We do not offer separate insurance cover, not unless the goods have been packed by us and/or you are using our materials.
If you pack items yourself, standard damage liability only will apply for those items.
This insurance will be separate from this contract and subject to the terms and conditions of the policy.
The details of the type of insurance held and the rates set out can be provided upon request.
NOTIFICATION OF LOSS OR DAMAGE
For goods which we deliver, you must give us detailed notice in writing of any loss and damage within 2 days of delivery by us.
With regards to misplaced items, or ascertaining the proximate cause of damage, we would request that we are notified within 2 working days, when the events are more easily investigated.
In any claim for loss or damage under this agreement, any estimate of the value of the goods which you have provided to us, whether for the purposes of insurance or otherwise, will be evidence that the total value of the goods did not exceed that estimate at the time of loss or damage. Page 5 of 9 When collection is made from our premises, it is imperative that you or your authorised person/s inspect your goods thoroughly before departure and note any loss or damage at that time. We will be unable to consider claims retrospectively once the goods have left our premises.
If a date for the services is agreed upon in the quotation and acceptance of booking and you require that date to be altered, postponed or cancelled or the goods are not available on that date, we will be entitled to charge a reasonable postponement or cancellation fee, dependent on the notice received.
The fees are as follows for alteration/postponement/cancellation notice received:
More than fifteen working days before the services were due to start – no charge.
Between ten and fifteen working days before the services were due to start – 30% of the charges. Less than ten working days before the removal was due to start – 40% of the cost of the charges.
Less than three working days before the removal was due to start – 50% of the charges.
Within twenty-four hours of the move taking place – 85% of our charges.
Cancellations, postponements and rebooking’s naturally interfere with all existing bookings, any possible bookings and the foreman/porters/specialists assigned to these bookings.
Any delivery/completion times stated by us are estimated and based upon local and travel information at the time of the quotation.
Transit times may vary due to a number of prevalent factors outside our control including but not limited to industrial disputes, weather, traffic and road conditions, changes in sailing or departure dates made by the ferry/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 collection/delivery/ 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.
We shall not be bound to deliver the goods except to you or your authorised person. If we cannot deliver the goods either because there is no authorised person there to receive them on our arrival, or because we cannot gain access to the premises, or for any other reason beyond our control or if we are prevented from or delayed in undertaking the removal or any part thereof (except where that prevention or delay results from a factor within our control), we will be entitled to unload the goods into a warehouse or storage facility, and will be entitled to charge an additional amount for storage and for the subsequent re-delivery of the goods.
If we cannot deliver the goods or there are delays in delivery, we will endeavour to contact you to ascertain whether you have any alternative instructions and if so, we will carry out those instructions if reasonably practicable. We will be entitled to make a reasonable additional charge for any additional work or costs thereby required or entailed.
We reserve the right to select the most appropriate storage facility.
The agreement will then be considered satisfied and any additional service(s), including the reasonable cost of storage and redelivery, will be brought by you.
TERMS OF STORAGE
You will prepare an inventory of goods for storage usage and will ask you to sign that inventory. We will furnish you with a copy of the inventory which we will also be signed by us, Removal Remedy.
Regardless of whether you sign the inventory or not, failure to object to its accuracy will result in the inventory being relied upon as conclusive evidence of the goods received and being held in storage.
You agree to advise us of an address to which we can forward any notice or correspondence, and to promptly notify us of any change of address. All letters and notices will have been legally served and received seven days after posting if they have been sent to that address.
In the event that we are unable to contact you, we will charge you any reasonable costs incurred in establishing your whereabouts.
Storage charges are payable one month in advance. If you remove the goods before the end of a one-month period, you will not receive a refund of any unused storage.
You are entitled, upon giving us reasonable notice, to inspect the goods in store.
If payments are up to date, we will not end this contract except by giving you two months’ notice in writing. If you wish to terminate your storage contract, you must give us at least 14 working days’ notice (working days are defined in the Quotation heading 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.
Where goods are handed out from storage, our liability will cease upon handing over the goods to you or your authorised representative.
All charges including removal charges must be paid before the goods may be taken out of store.
If you fail to make the required payment for your storage, without signing a Late payment agreement, we may request that you remove your goods from our care and control and to pay all monies due to us in full. If you fail to make payment and/or remove your goods we may exercise our right to donate, sell or dispose of some or all of the goods under the Torts (Interference with Goods) Act 1977 s.12 and Part II of Schedule 1 of that Act.
All proceeds from the sale will be put towards the amount owed. You will be liable for any reasonable expenses we incur in respect of holding the sale or disposing of the goods. Any surplus monies will be paid to you without interest.
For the purposes of preparing for the sale of the goods under the clauses stated above, or otherwise as permitted by law, we are authorised by you to open any boxes in storage to inspect and identify the contents and we may at our discretion decide which contents will be offered for sale or donated. At our discretion, any items we do not offer for sale may be stored by us for such period as we consider appropriate and we may invite you to collect those items from us once we have been paid all moneys due by you to us for services provided under this or any other agreement.
GOODS EXCLUDED FROM REMOVAL OR STORAGE
The following items will under no circumstances be moved or stored by us and must not be presented for removal and/or storage:
For all items listed below, all of which carry varying degrees of risk, and you are required to make your own arrangements for their transport and storage.
Passports, travel documents, wallets, handbags containing valuables, mobile phones, portable IT, electronic devices, currency, cash, bank or credit cards, jewellery, watches, trinkets, precious stones, money, deeds, securities, stamps, coins, valuable or fragile collections of any kind.
Perishable items and/or those requiring a controlled environment.
Dangerous, damaging or explosive items, including paint, aerosols, ammunition, firearms or weapons of any kind.
Animals, plants or goods, including food, likely to encourage vermin or other pests or to cause infection.
Goods which require special licence or government permission for export or import.
Prohibited or stolen goods or drugs.
If you do include any of the above in the goods to be removed, we will not accept any liability whatsoever for any loss or damage to them.
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 further liability to you.
If any of the items or substances which are listed above are in your goods, we may remove, destroy or otherwise dispose of donate or sell such items or substances, in which case we will pay you the net proceeds of the sale following deduction of any expenses incurred by us and any payments or sums due to us from you.
You will indemnify us against all claims made and for any loss or damage that we or someone else may suffer through the presence of those items or substances.
By agreeing to the terms of your requested service, you confirm that you will:
Respond promptly to all requests from us relating to the services and ensure that all information provided is accurate.
Remunerate us for any charges, such as parking and/or meter suspension fines, incurred during the removal process.
Personally attend or appoint an authorised representative for the duration of the entire removal process, except when the goods are being unloaded into or loaded from store. We will have no liability for any consequential or other loss as a result of your failure to do so.
Sign all inventories, job sheets, contracts or other relevant documents as confirmation of collection or delivery of the goods. Your authorised representative will sign on your behalf in your absence.
Ensure that all agreed goods and/or possessions have been collected and that no item has been taken in error before we leave your premises.
Arrange appropriate supervision for goods left in otherwise unoccupied or unattended premises, or where other individuals such as tradesmen, workmen, service operatives, tenants, visitors are, or may be, present. We will have no liability for any consequential or other loss as a result of your failure to do so.
Ensure all electronic appliances and/or equipment are suitably prepared for the specialists before removal.
Thoroughly defrost, empty and clean refrigerators and deep freezers. We are not liable for the contents or any resultant issues resulting from your failure to do so.
Ensure that all domestic appliances, including but not limited to washing machines, dishwashers, hose pipes, and petrol lawn mowers, are cleaned and dry, with no residual fluid left in them.
Present us with a current contact address and telephone number during the removal process and/or storage of goods.
We will accept no liability for any loss, damage, or additional charges arising from your failure to discharge the above warranties, other than as a result of our proven negligence and/or breach of contract.
DATA AND PRIVACY
To enable us to provide you with your quotation, and to enable and assist us to provide our services, we collect and hold personal information (such as your personal details and information concerning your proposed move forwarded to us), and on occasion photographs/videos taken to assist us with providing a quotation or assessing a claim.
By asking us to provide you with a quotation for removal/relocation/storage/packing and unpacking services, gym equipment relocation and disposals you consent to the collection and use of information you have provided to us for the purposes described above. Page 9 of 9 Where we process any of your data, we will comply with all requirements and obligations under the GDPR and data protection laws.
Any communication given to us or you in connection with the agreement must be in writing, addressed to us, at our registered office or to you at such other address you have specified, and will be sent by email.
The agreement (including any non-contractual obligations or liabilities arising out of or in connection with it) is governed by and construed in accordance with the laws of England and Wales.
This Agreement is binding, containing the entire agreement and understanding amongst both parties, The Company “REMOVAL REMEDY LTD” and The Client.
This Agreement may only be amended or modified by a written instrument, executed by both the Company and the Client.