TERMS & CONDITIONS
Introduction: The following conditions define the rights/obligations, and also the responsibilities of all parties to this agreement. Within these conditions the word ‘You’ or ‘Your’ refers to the Customer; however, ‘Us’, ‘We’ or ‘Our’ means RED LION REMOVALS. The following can be varied or amended subject to prior written agreement.
Important: Please be aware that it is part of these terms & conditions that if upon loading your belongings we find that we are unable to deliver them on the scheduled day due to circumstances beyond our control. e.g. You are unable to complete the move into Your new home due to the transfer of funds not going through or for other contractual reasons or due to exceptional weather conditions which mean that We are not safely able to reach Your new address, flooding or snow etc. there will be an excess charge for re-delivery of Your goods at a later date as well as possible storage charges if the goods are held by Us until such re-delivery; nor will We be responsible for any costs incurred by yourselves as a result of such circumstances.
QUOTATION AND PAYMENT
1. Our Quotation
1.1 Quotations include Value Added Tax but do not include any other customs duties or fees For the price quoted we agree to accept liability for loss or damage to your goods and premises subject to clauses 2.2, 7.2, 16.2, 16.3 and the provisions of clauses 8, 9, 10 and 11.
1.2 Our quotation is valid for 28 days from the date of issue. Unless already included in our quotation, additional charges will apply in the following circumstances:
1.2.1 If the work does not commence within 28 days of acceptance;
1.2.2 Where We have given You a price including redelivery from our storage within Our quotation and the re-delivery from our storage has not taken place within six months from the date of the issue of the quotation;
1.2.3 Our costs change because of currency fluctuations, changes in taxation, freight, ferry, fuel or toll charges beyond our control;
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 request collection or access to Your goods whilst they are in storage;
1.2.6 We supply any additional services, including moving or storing extra goods (these
conditions apply to such work);
1.2.7 The entrance or exit to the premises, lifts, stairs, 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 to load and/or unload within 15 metres of the doorway;
1.2.8 We have to pay parking fees/fines 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;
1.3 You agree to pay any reasonable charges arising from the above circumstances.
1.4 Your signed acceptance of our quotation is not yet a contract between Us and You until You
receive a written confirmation that We are available on your required day. We will send Our written confirmation within one working day of our receipt of your acceptance of Our quotation.
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 attic, unless properly lit and floored and safe access is provided; 2.1.5 Move or store any items excluded under clause 8;
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. Payment
3.1 Unless otherwise agreed by us in writing, payment is required in full by 12pm on the day of the removal. We reserve the right to refuse to commence unloading of Your Goods until such payment is received.
4. Charges if you postpone or cancel the removal
4.1 If you postpone or cancel this Agreement, we reserve the right to charge you a postponement or cancellation fee according to how much notice is given as set out below at 4.1.1 – 4.1.4. “Working days” refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays.
4.1.1 More than 10 working days before the removal was due to start: no charge;
4.1.2 Between 5 and 10 working days inclusive before the removal was due to start: not more
than 50% of the deposit paid;
4.1.3 Less than 5 working days before the removal was due to start: 100% of the deposit paid;
4.1.4 On the day the work starts or at any time after the work commences: 100% of Our charges.
5. Our right to lien, sell or dispose the goods
5.1 “Lien” is the legal right of the Remover to hold goods until the Customer has paid all outstanding charges. We shall have a right to withhold and ultimately dispose of some or all of the goods if you fail to pay the charges and any other payments due under this or any other Agreement. 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 (including legal costs) incurred by us in recovering our charges and applying our right of lien. These terms and conditions shall continue to apply.
RIGHTS/OBLIGATIONS AND RESPONSIBILITIES
6. Your responsibility
6.1 It will be Your responsibilities to:
6.1.1 It’s Your responsibilities to provide parking (reserve a space for the van outside of the property before our arrival and to the property where We deliver). If there is no pre-arranged parking and our van receives a ticket, it will be Your responsibilities to pay the fine.
6.1.2 Obtain at Your own expense, parking fines, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed;
6.1.3 Pay for any parking or meter suspension charges incurred by Us in carrying out the work;
6.1.4 Be present or represented throughout the collection and delivery of the removal;
6.1.5 Ensure that inventories, receipts, waybills, job sheets or other relevant documents are signed by You or Your authorised representative as confirmation of collection or delivery of goods;
6.1.6 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error;
6.1.7 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal;
6.1.8 Empty, properly defrost and clean refrigerators and deep freezers as We are not responsible for the contents;
6.1.9 Ensure that all domestic and garden appliances, including but not limited to washing machines, dish washers, hose pipes and petrol lawn mowers are clean and dry and have no residual fluid left in them;
6.1.10 Provide Us with a correct and up-to-date contact address and telephone number during removal transit and/or storage of goods.
6.1.11 Declare to us the proper value of the Goods
6.2 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.
6.3. Ownership of the goods
6.3.1 By entering into this Agreement, You guarantee that:
6.3.1.1 The goods to be removed and/or stored are Your own property, or the goods are Your property free of any legal charge; or
6.3.1.2 You have the full authority of the owner or anyone having a legal interest in the goods 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;
6.3.1.3 If at any time following the implementation of this Agreement to its termination another person has or obtains an interest in the goods You must advise Us of their name and address in writing immediately;
6.3.1.4 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 6.3.1.1 or 6.3.1.2 is untrue.
6.3.1.5 If you wish to transfer responsibility of this Agreement to a third party you must advise us in writing, giving us their full name and address. We will issue a new Agreement to them. Our Agreement with You will remain in force until we have received a signed Agreement from the third party.
7. Our responsibilities
7.1 We shall, subject to the exclusions set out below, be responsible for any damage done to the Goods whilst they are in our custody and control under the terms and conditions of this contract.
7.2 If goods are lost or are damaged beyond repair then our liability will be, at most, the value of the goods lost or damaged beyond repair, as defined by clause 8.1.1.
7.3 If goods are damaged but can be repaired then our liability will be, at most, the repair cost plus the amount that the goods have reduced in value, if at all, because of the repair.
7.4 We will not be subjected to recompense you where clauses 2.2, 6.2, 16.2 and 16.3 apply unless loss or damage occurred as a result of heedlessness or breach of contract on our part.
7.5 In respect of any particular item our liability will not, under any circumstances, exceed the value of the item in question, as defined by clause 8.1.1.
7.6 Unless otherwise agreed in writing prior we will not be liable for any parking fines obtained by us in carrying out the work.
8. Determination of amount of our liability for loss or damage
8.1 Standard Liability:
8.1.1 If you advise us of the value of your goods, prior to the work commencing and subject to clause 6.1.11, 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 by clauses 8.1.2, 8.1.3 and 10, up to a maximum liability of £30,000 in the event of the total loss of the goods – We may agree to accept liability for a higher amount, in which case we may make an additional charge;
8.1.2 In the event of loss of or damage to your goods in breach of clause 8, our liability to you shall not exceed 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, up to the maximum liability of £30,000 referred to in clause 8.1.1 (unless We have agreed a higher amount with you);
8.1.3 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.
8.2 Limited Liability:
8.2.1 If you have not provided us with a written valuation prior to the work commencing, or you do not require us to apply the Standard Liability in clause 8.1, then our liability to you will be determined in accordance with clauses 8.1.3, 8.2.2 and 10;
8.2.2 In the event of loss of or damage to your goods caused by our negligence or breach of
contract, our liability to you shall not exceed £40 per item.
8.3 For goods destined to or received from a place outside the UK:
8.3.1 We will only accept Standard Liability if you provide us with a valuation of your goods on the form which We provide – all other provisions of clause
8.1 will apply;
8.3.2 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;
8.3.3 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, 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;
8.3.4 Subject to clauses 8.1 and 8.2 above We will accept liability for loss or damage only in the following circumstances: (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.
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 object or thing that is moved, handled or stored by Us.
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. Therefore, our liability 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 moving 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 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
10.1 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.
10.2 Unless We are negligent or in breach of contract (in which case Our liability will be limited under either Standard or Limited Liability as set out in clause 8) We will not be liable for any loss of, damage to, or failure to produce the following goods:
10.2.1 Bonds, securities, stamps of all kinds, manuscripts or other documents or electronically held data records, mobile telephones;
10.2.2 Plants or goods likely to encourage moth, vermin or other pests or to cause infestation or contamination;
10.2.3 Perishable items and/or those requiring a controlled environment;
10.2.4 Furs exceeding £100 in value, jewellery, watches, precious stones and metals, money,
coins, deeds;
10.2.5 Any animals, birds or fish.
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 of, damage to, or failure to produce the goods if caused by any of the following circumstances:
10.3.1 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;
10.3.2 Loss or damage arising from ionising radiations or radioactive contamination;
10.3.3 Loss or damage arising from chemical, biological, bio-chemical, electromagnetic
weapons and cyber-attack;
10.3.4 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, or (b) such loss or damage is not a reasonably foreseeable result of any such breach;
10.3.5 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;
10.3.6 By vermin, moth, insects and similar infestation;
10.3.7 By cleaning, repairing or restoring unless We arranged for the work to be carried out;
10.3.8 Changes to atmospheric conditions which result in mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water caused by Our negligence or breach of contract;
10.3.9 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;
10.3.10 Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by 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 maximum liability is limited to £100 for the entire contents of the box or the actual value of the damaged items (taking into account the items’ age and condition at the time of loss or damage) whichever is less;
10.3.11 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage;
10.3.12 Loss or damage of motor vehicles caused by scratching, denting and maiming unless You obtain from Us a pre-collection condition report;
10.3.13 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;
10.3.14 For any goods which have a pre-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 completion of delivery (see clause 15.1 below).
11. Our right to sub-contract the work
11.1 We reserve the right to sub-contract some or all of the work.
11.2 If we sub-contract, then these conditions will still apply.
DISPUTES AND CLAIMS
12. Disputes If there is a dispute arising from this Agreement which cannot be resolved, either party may refer it to a trusted Arbitration Service and can also be referred to the Law Courts for a decision to be made.
13. Applicable law Any dispute between us will be governed by the non-exclusive law and jurisdiction of the UK 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.
14. 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.
15. Time limit for claims
15.1 If you or your authorised representative collects 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 otherwise we shall not be liable.
15.2 Notwithstanding clauses 8, 9 and 10 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 within 7 days.
15.3 We will not be liable for any items/goods not packed/unpacked by us (as in 10.3.9 and 10.3.10). However, if we pack and unpack then you have 7 days to report (in writing) any loss or damage to items packed and unpacked by us. The same applies to any furniture (or other items) delivered by us; you have 7 days to report any loss or damage.
GOODS, STORAGE AND TRANSIT
16. Goods not to be appeased for removal or storage
16.1 Unless formerly agreed in writing by a director or other recognized 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 16.1.1 below may present risks to health and safety and of fire. Items listed under 16.1.2 to 16.1.7 below carry other risks and you should make your own arrangements for their transport and storage.
16.1.1 Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including alcohol, gas bottles, aerosols, paints, firearms and ammunition; we are also unable to pack and/or move religious and/or (extremely) sentimental items.
16.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind;
16.1.3 Goods likely to encourage vermin or other pests or to cause infestation or contamination;
16.1.4 Goods, which in Our opinion are hazardous to health, dirty or unhygienic or likely to attract vermin or pests – We may refuse such goods without liability to You;
16.1.5 Perishable items and/or those requiring a controlled environment;
16.1.6 Any animals, birds, fish, reptiles or plants;
16.1.7 Goods which require special licence or government permission for export or import.
16.2 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.
16.3 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 may apply for an appropriate court order to dispose of any such goods found in the consignment. You will pay to us any charges, expenses, damages, legal costs or penalties incurred by us disposing of the goods.
17. 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.
18. Revision of storage charges
We review our storage charges periodically. You will be given 30 days’ notice in writing of any increases.
19. Your forwarding address
19.1 If you instruct us to store your goods, you must provide a correct and up-to-date address and telephone number and notify us if it changes. All correspondence and notices will be considered to have been received by you seven days after sending it by first class post to your last address recorded by us.
19.2 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.
20. Delays in transit
20.1 Other than by reason of our negligence or breach of contract, we will not be liable for
delays in transit.
20.2 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.
20.3 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.
21. Route and method
21.1 We have the right to choose the method and route by which to carry out the work.
21.2 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.
22. Driveways: If you are in any way concerned that your driveway is unable to take the weight of our vehicles please advise us accordingly, particularly about drain covers under gravel driveways. When you give permission for us to drive onto your driveway, it is on the understanding that this is at your own risk. Failure to advise or notify us of any potential weaknesses will absolve us from any claims for compensation resulting from damage to said driveway.
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.