These Conditions explain your rights, obligations and those of Storeys Removals. A contract is a two-way arrangement and it is important that everyone knows where they stand. Where the word ‘you’ or ‘your’ appears, it means the customer, ‘we’, ‘us’ or ‘our’ means Storeys Removals. These conditions can only be changed or amended with our written permission. In Clauses 8, 9, 10 and 11 we limit or exclude Our liability for loss or damage. We recommend You arrange insurance to cover Your goods or premises. We are able to arrange insurance for Your benefit upon request. This insurance will be separate from this contract and subject to the terms and conditions of the policy.
- Our quotation is a fixed price. It does not include custom duties and inspection or any
other fees payable to Government bodies. We may change the price or make additional
charges if any of the following have not been taken into account when preparing our
quotation and confirmed by us in writing.
(a) Fluctuations or changes in taxation or freight charges beyond our control.
(b) The work is carried out on Sunday or Public Holiday and our costs increase (or
decrease) because of currency your request.
(c) We have to collect or deliver goods above the first upper floor unless previously
agreed and outlined in your quotation.
(d) We supply any additional service including moving or storing extra goods; (these
conditions apply to such work).
(e) 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 vehicle and/or containers to load and/or unload within 20 metres of the doorway
resulting in extra work.
(f) We agree in writing to increase Our limit of liability set out in Clause 8(a) prior to the work commencing.
- Work not included in the quotation – unless outlined on the quotation
(a) Dismantle or assemble any unit or system furniture (flat-pack), fitments or fittings.
(b) Disconnect or reconnect appliances, fixtures, fittings or equipment.
(c) Take up or lay fitted floor coverings.
(d) Move storage heaters unless they are dismantled.
(e) Move items from a loft, unless previously agreed and outlined in our quote.
(0 Move or store any items excluded under clause 4.
- Your responsibility
(a) Obtain at your own expense, all documents, permits, licences and customs documents
necessary for the removal to be completed.
(b) Be present or represented throughout the entire removal.(this is essential to the contract)
(c) Take all reasonable steps to ensure that nothing that should be removed is left behind
and nothing is taken away in error.
(d) 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.
(e) Prepare adequately and stabilise all appliances or electronic equipment prior to their
removal.
(f) Empty, properly defrost and clean refrigerators and deep freezers. We are not
responsible for the contents.
(g) Provide us with a contact address and phone number for correspondence during removal transit and/or
storage of goods.
Other than by reason of our agreed negligence, we will not be liable for any loss or damage, costs or additional charges that may arise from any of these matters.
- Goods not to be submitted for removal or storage.
(a) Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities,
stamps, coins or goods or collections of a similar kind.
(b) Prohibited or stolen goods, drugs, potentially dangerous, damaging or explosive
items, including gas bottles, aerosols, paints, firearms and ammunition.
(c) Plants or goods likely to encourage vermin or other pests or to cause infestation.
(d) Refrigerated or frozen food or drink.
(e) Any animals and their cages or tanks including pets, birds or fish.
(f) Goods which require special licence or government permission for, export or import.
Such goods, we will not accept liability for loss or damage wholly or mainly attributable
to the special nature of the goods concerned. If you submit such goods without our
knowledge and prior written agreement we will not be liable for any loss or damage and
you will indemnify us against any charges, expenses, damages or penalties claimed
against us. In addition we shall be entitled to dispose of (without notice) such goods,
which are listed under paragraph 4.
- Ownership of goods.
By entering into this contract you declare that:-
(a) The goods to be removed and/or stored are your own property, or 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.
- Charges if you postpone or cancel the removal.
If you postpone or cancel this contract, we will charge according to how much notice is given:-
(a) More than 14 days before the removal was due to start: NIL
(b) Less than 14 days, but more than 8 days before the removal was due to start: 30% of
the removal charge.
(c) Less than 8 days before the removal was due to start: 60% of the removal charge.
- Paying for the removal.
Unless otherwise agreed in writing:-
(a) Payment is required, if by cheque or bacs 7 working days prior to the removal or cash on the day of removal.
(b) You may not withhold any part of the agreed price.
- Our liability for loss or damage:
8(a) Our liability for loss or damage is limited, as set out in clause 8.2 below. Alternatively, you may request us to increase our liability, as set out in clause 1(f):
8(b) In the event of our negligence or breach of contract resulting in loss of or damage to your goods, we will pay a sum equivalent to the cost of their repair or replacement up to a maximum of £40 for any one item, or, prior to the commencement of work and subject to our having received your itemized valued inventory, at our request, 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 8A.
Then, following clause your clause 8(i) please add clause 8A below (which relates to insurance on a deregulated basis):
8A Insurance Option
This condition applies only if you have accepted the Insurance Option. In that event, the following provisions of this condition shall apply.
We shall maintain an “Open Cover” insurance policy from which we are able to grant sub-policies to Customers who accept the Insurance Option. If You accept the Insurance Option we shall arrange to extend the rights to you the rights under our Open Cover insurance policy by way of a sub-contract of insurance in accordance with the summary of terms provided to you which will provide cover for you for your Goods. For the purposes of such insurance cover the indemnity value of the goods shall be the value of the goods stated in our Acceptance of Removal Quotation.
If loss or damage occurs to the Goods as a result of any matter which may result in a claim under such insurance cover, we shall notify the insurer promptly of the claim and in any event within 2 business days of receipt from you of a written direction to notify a claim in the form attached to the Summary of Terms. For the purposes of processing any such claim You shall provide us, the insurer or any agent of the insurer appointed to investigate such claim with such information and existence as may reasonably be required in relation to the claim. We will also provide to you, the insurer, or any agent of the insurer appointed to investigate the claim, with such information and assistance in relation to the claim as may reasonably be required. In addition, we will send to you a copy of all correspondence with the insurer or any agent of the insurer relating to the claim (including the notification). While we will, in accordance with the previous provision of this paragraph, 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].
In the event that we make a claim under such insurance cover in respect of damage or loss caused to the Goods, we shall pay or arrange for payment to You that part of any proceeds of such claim made by us which relates to such damage or loss to the Goods after deduction of any outstanding sums due to us from you. For the avoidance of doubt, You acknowledge that our liability in respect of any claim under such insurance cover is restricted to the payment to You of those sums which we recover which relate to the Goods.
We do not give any advice concerning the insurance cover referred to in Condition 8A and it is for you to make your own judgment whether such insurance is appropriate to cover the Goods and risks to them.
Nothing in this Condition 8A shall make us Your agent.
(c) For goods destined to, or received from a place outside the United Kingdom:
We will only accept liability for loss or damage (i) arising from Our negligence or breach of contract whilst the goods are in Our physical possession, or (ii) 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.
(d) 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.
(e) Other than by reason of our agreed negligence we will not be liable for any loss, damage or failure to produce the goods if it is caused by those circumstances set out in the following:-
- By war, invasion, acts of foreign enemies, hostilities (whether war is declared or
not), civil war, terrorism, rebellion and/or military coup, acts of God, industrial
action or other such events outside our reasonable control.
- By normal wear and tear, natural deterioration, leakage or evaporation or from
perishable or unstable goods, this includes goods left within furniture or appliances.
- By moth or vermin or similar infestation.
- By cleaning, repairing or restoring unless we did the work.
- To any goods in furniture; drawers or appliances, or in a package, bundle, case or
other container not both packed and unpacked by us.
- For electrical or mechanical derangement to any appliance, instrument or equipment
unless there is evidence of external impact and 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.
- (f) We do not accept liability for goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless such confiscation, seizure, removal or damage arose directly as a result of Our negligence or breach of contract.
- (g) For the purposes of this Agreement an item is defined as: (i) The entire contents of a box, parcel, package, carton, or similar container; and (ii) Any other object or thing that is moved, handled or stored by ushave agreed to being negligent.
- To jewellery, watches, trinkets, precious stones or metals, money, deeds, securities,
stamps, coins or goods or collections of a similar kind, howsoever caused, unless you
have previously given us full particulars with value and we have confirmed in
writing that we accept responsibility.
- To any goods, which have a relevant proven, defect or are inherently defective.
- To animals and their cages or tanks including pets, birds or fish.
- To plants or plant pots
- To refrigerated or frozen or drink.
– (h) Other than by reason of our agreed negligence, we will not be liable for damages or cost resulting indirectly from, or as a consequence of loss, damage or failure to produce the goods.
(i) No employee of ours shall be separately liable to you for any loss, damage, mis-deliver, errors or omissions under the terms of this contract.
- Damage to premises or property other than goods
(a) 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. therefore Our liability is limited as follows: (i) 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. (ii) If We cause damage as a result of moving goods under Your express instruction, against our advice, and where moving the goods in the manner instructed is likely to cause damage, We shall not be liable. (iii) 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 after the damage occurs or is discovered or in any event within a reasonable time. This is fundamental to the Agreement.
10 Exclusions of liability
(a) We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to insure Your Goods. If You ask Us in writing to arrange insurance cover for You We will, provided You declare the full replacement value of Your Goods and pay the premium in advance.
(b) We shall not be liable for 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.
(c) Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of:
(i) 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.
(ii) Moth or vermin or similar infestation. (iii) Cleaning, repairing or restoring unless We arranged for the work to be carried out. (iv) Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR (v) 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. (vi) For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage. (vii) For any goods which have a pre-existing defect or are inherently defective. (viii) For perishable items and/or those requiring a controlled environment. (ix) Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. (x) For items referred to in Clause 4.
(d) No employee of Ours shall be separately liable to you for any loss, damage, misdelivery, errors or omissions under the terms of this Agreement.
(e) Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised representative (see Clause 11a below).
(f) We will not be liable for any loss or damage caused by Us or Our employees or agents in circumstances where: (i) there is no breach of this Agreement by Us or by any of Our employees or agents (ii) such loss or damage is not a reasonably foreseeable result of any such breach.
- Damage to premises or property other than goods.
(a) We will not be liable for any damages to premises or property other than goods
submitted for removal and/or storage unless we have agreed to being negligent.
(b) If we cause damage as a result of moving goods under your express instruction,
against our advice and where to move goods in the manner instructed would inevitably
cause damage, we shall not accept that we were negligent.
(c) 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 satisfaction form provided this must be agreed countersigned and witnessed. This is
essential to the contract.
12 Time limit for claims
(a) If You or Your authorised representative collect the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
(b) For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit 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
(a) Other than by reason of Our negligence or breach of contract, We will not be liable for delays in transit.
(b) 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.
(c) 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.
- Our right to hold onto the goods.
We shall reserve our right to withhold or ultimately dispose of all of the goods until you have paid all our charges any other payments due under this or any other contract. These include any charges that we have paid out on your behalf while we hold the goods and wait for payment 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.
- Advice and Information.
The company provides advice and information in whatever form that it may be given for the customer only. Any oral advice given without special arrangement is provided gratuitously and without contractual liability.
- Revision of storage charges.
We review our storage charges periodically. You will be given 28 days notice in writing of an increase.
- Our right to sell or dispose of goods.
On giving 28 days 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 debts due to us we are entitled to sell or dispose of some of all the goods without further notice. The cost of the sale of 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.
- Termination
If payments are up to date we will not end this contract except by giving you three calendar months notice in writing. If you wish to terminate your storage contract, you must give us at least 14 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.