VAN GO MOVERS
REMOVALS SERVICES TERMS AND CONDITIONS
Introduction
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.
In Clauses 8, 9, 10, and 11 We limit or exclude Our liability for loss and damage. We exclude or limit our liability to a fixed sum per item as detailed in condition (8.1 and 8.2 and 8.6 and 9.1.5)
For Your benefit, if we are contracted to package Your items for transport, for the items that We package We can provide replacement value insurance providing that You complete a valued inventory of items before the removals day and the insurance premium is paid in addition to any other removals cost before the day of the move. For all other items that we move on your behalf, You are responsible for obtaining adequate packaging insurance and transport insurance for items packaged by You or anyone else including any unpackaged goods or items.
Your home, property or premises is not a controlled work area for Us, there may be hazards or cluttered areas that are beyond our control, therefore We reserve the right to ask You to sign Our service agreement with a waiver indemnifying Us against liability for loss or any damage, before We agree to move Your items.
1. Our Quotation
1.1 Our quotation, unless otherwise stated does not include, insurance, premiums, packing, customs duties, port charges including (but not limited to) demurrage, inspections, or any fees.
1.2 Our Quotation is valid for twenty-eight days from the date of issue. Unless already included in Our Quotation, reasonable additional charges will apply in the following circumstances:
1.2.1 We have to collect or deliver goods at Your request above the ground floor and first upper floor.
1.2.2 We supply any additional services, including packaging or moving extra goods (these conditions apply to such work).
1.2.3 The entrance or exit to the premises, 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 30 metres of the doorway.
1.2.4 We have to pay parking or other fees or charges (including fines where you have not arranged agreed suspension of parking restrictions) in order to carry out services on Your behalf. For the purpose of this Agreement parking fines for illegal parking, caused by Our negligence, are not fees or charges and You are not responsible for paying them.
1.2.5 There are delays or events outside Our reasonable control which increase or extend the resources or time allowed to complete the agreed work.
1.2.6 We agree in writing to increase Our limit of liability set out in Clause 8.1 prior to the work commencing.
1.3 You agree to pay any reasonable charges arising from the above circumstances.
2 Work not included in the quotation
2.1 Unless agreed by us in writing, we will not:
2.1.1 Dismantle or assemble furniture of any kind
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 4.
2.1.6 Dismantle or assemble garden furniture and equipment including, but not limited to: sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or move paving slabs, planters and the like.
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 responsibility to:
3.1.1 Arrange adequate insurance cover for the premises or goods submitted for transit against all insurable risks as Our liability is limited (under clauses 8.1 and 8.2. and 8.3).
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 Pay for any parking or meter suspension charges incurred by Us in carrying out the work.
3.1.4 Be present or represented throughout the collection and delivery of the removal.
3.1.5 Where We provide You with inventories, receipts, waivers, job sheets or other relevant documents You will ensure that they are signed by You or Your authorised representative as confirmation of collection or delivery of the Goods and agreement of conditions.
3.1.6 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
3.1.7 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.
3.1.8 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
3.1.9 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
3.1.10 Ensure that all domestic and garden appliances, including but not limited to washing machines, dish washers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them.
3.1.11 Provide Us with a correct and up to date contact address and telephone number during removal transit and/or storage of goods.
3.1.12 Arrange appropriate transport, storage or disposal of goods listed in clause 4
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.
3.3 For high value items such as fine art paintings and conveyance of goods with a per load value above £10,000 or where we are not contracted to do the packaging and readying of items for transit You are responsible for obtaining insurance.
4 Goods and Items not to be submitted for removal
4.1 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 by Us. The items listed under 4.1.1 below may present risks to health and safety and of fire. Items listed under 4.1.2 to 4.1.7 below carry other risks and You should make Your own arrangements for their transport.
4.1.1 Potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, motor bikes, firearms and ammunition.
4.1.4 We shall notify you as soon as practicable if any of the Goods, are in Our opinion hazardous to health, dirty or unhygienic 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 liability to You.
4.1.5 Perishable items and/or those requiring a controlled environment.
4.1.6 Any animals, birds, fish, reptiles or plants.
4.1.7 Goods or items which require special licence or government permission for export or import.
4.1.8 Under no circumstances will Prohibited or stolen goods or drugs be moved by Us.
4.2 If You submit such goods without Our knowledge, We will make them available for Your collection or You agree to pay Us any charges, expenses, damages, legal costs or penalties reasonably incurred by Us in disposing of the goods if not collected.
5 Ownership of the goods or items
5.1 By entering into this Agreement, you guarantee that:
5.1.1 The goods or items to be removed are Your own property, or the goods or items are Your property free of any legal charge; or
5.1.2 You have the full authority of the owner or anyone having a legal interest in them to enter into this Agreement, and You have made the owner fully aware of these terms and conditions prior to entering into this Agreement and that they have agreed to them.
5.1.3 You will provide a full indemnity and pay Us in respect of any claim for damages and/or costs brought against Us if either statement made in 5.1.1 or 5.1.2 is untrue.
6 Charges if You postpone or cancel the removal
6.1 If You postpone or cancel this Agreement, We reserve the right to charge you a reasonable postponement or cancellation fee if We specify this in writing before the removals date.
7 Payment
7.1 Invoiced payments for organisations or companies issued by Us shall be paid within thirty (30) days of the date of invoice unless otherwise agreed in writing by Us.
7.2 Payment on arrival or cash on delivery for single or few items delivery Payment shall be made available or settled and confirmed electronically via BACS payment on the move day before the removal starts. In default of such payment, We reserve the right to refuse to commence removal until such payment is received.
7.3 We accept payments via Cash, Cheque or BACS (Bankers' Automated Clearing Service).
7.4 We produce fully itemised invoices with details of the customer service and a receipt of payments and a valid purchase order.
8 Our liability for loss or damage
8.1 We limit Our liability to a fixed limit per item. The amount of liability We accept under this agreement is reflected in Our charges for the work. If You wish Us to increase Our limit of liability per item You agree to pay a higher price for the work as stated in Condition 1.2.6 (Our Quotation).
8.2 Unless otherwise agreed in writing if we are negligent or in breach of contract We will pay You up to £40 for each Item which is lost or damaged as a direct result of any negligence or breach of contract on Our part.
8.3 If we are also contracted to package Your items for a full removals service, for Your benefit, for the items that We package We can provide full replacement value insurance providing that You complete a valued inventory of items before the removals day and the insurance premium is paid in addition to any other removals cost before the day of the move.
8.4 For the purposes of this Agreement an Item is defined as:
8.4.1 The entire contents of a box, parcel, package, carton, or similar container; and
8.4.2 Any other furniture, appliance or object that is moved or handled by us.
8.5 Damage includes:
8.5.1 Damage to premises, property or Items.
8.6 Your home, property or premises is not a controlled work area for Us, there may be hazards or cluttered areas that are beyond our control, therefore We reserve the right to ask You to sign or verbally agree to Our service agreement with a waiver indemnifying Us against liability for loss or any damage, before We agree to move Your items.
9 Damage to premises or property other than goods
9.1. 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. Also as You may have recent damage from the outgoing owners or tenants vacating that you had not noticed.
Therefore, Our liability is limited as follows:
9.1.1 If We accept that We have caused loss or damage to premises or property other than goods or items 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 We shall not be liable where You have signed Our Service Agreement Waiver or If We cause damage as a result of moving Items under Your express instruction, or above ground floors, or against our advice, or where moving items in the manner instructed is likely to cause damage, or where movables and chattels restrict access.
9.1.4 If We are responsible for causing damage to Your premises or to property other than goods submitted for removal, 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 (4) days. This is fundamental to the Agreement.
9.1.5 Your home, property or premises is not a controlled work area for Us, there may be hazards or cluttered areas that are beyond our control, therefore We reserve the right to ask You to sign or verbally agree to Our service agreement with a waiver indemnifying Us against liability for loss or any damage, before We agree to move Your items.
10 Exclusions of liability
10.1 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 or items.
10.2 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.
10.3 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:
10.3.1 Normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods or items. This includes goods or items left within furniture or appliances.
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration. OR
10.3.5 For any goods or items in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by Us.
10.3.6 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
10.3.7 For any goods or items which have a pre-existing defect or are inherently defective.
10.3.8 For perishable items and/or those requiring a controlled environment.
10.3.9 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
10.3.10 For items referred to in Clause 4.
10.3.11 Damage caused as a result of moving goods or items under Your express instruction, against our advice, and where moving the goods or items in the manner instructed is likely to cause damage, OR cluttered properties or walkways where movables have not been cleared away and is likely to cause damage We shall not be liable.
10.4 No employee of Ours shall be separately liable to you for any loss, damage, missed delivery, errors or omissions under the terms of this Agreement.
10.5 Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised representative (see Clause 11.1 below).
10.6 We will not be liable for any loss or damage caused by Us or Our employees or agents in circumstances where:
(a) there is no breach of this Agreement by Us or by any of Our employees or agents
(b) such loss or damage is not a reasonably foreseeable result of any such breach.
10.7 Pairs and sets clause, in the event of loss or damage to any article forming part of a pair or set We shall not be liable for more than the value of the particular part or parts which may be lost or damaged
10.8 We shall not be liable for fine art, paintings, currency, Jewellery and recorded media or computer storage media.
11 Time limit for claims
11.1 For goods which We deliver, You must give Us detailed notice in writing of any loss or 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 four (4) days of delivery. Consent to such a request will not be unreasonably withheld.
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 nor the customer We are unable to deliver Your goods, We will take them into store. The current moving Agreement will then be fulfilled and any additional service(s), including storage and delivery, will be at Your expense.
12.3 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.
13 Our right to sub-contract the work14.1 We reserve the right to sub-contract some or all of the work.
14.2 If We sub-contract, then these conditions will still apply.
14 Route and method
15.1 We have the right to choose the method and route by which to carry out the work and the location in respect of storage.
15.2 Unless it has been specifically agreed otherwise in writing in our Quotation, other space/volume/capacity on Our vehicles may be utilised for consignments of other customers.
15 Applicable law
Any dispute between us will be governed by the non-exclusive law and jurisdiction of the English or Scottish Courts. If you currently reside or are moving to a place outside the jurisdiction of the Courts of the United Kingdom, alternative laws or jurisdiction of local courts may apply subject to our written agreement prior to the work or services commencing.
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Optional Service Waiver - for all self-packing customers including single or few items delivery.
An indemnity waiver will be presented to You (the customer) to sign on the move day, before We proceed with moving Your goods and items, this further limits our liability.