Terms and conditions

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. Your attention is drawn to clauses 4, 8, 9, 10, and 11 which set out our liability to you for the 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, and the provisions of clauses 4, 8, 9, 10, and 11.
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 cost change because of currency fluctuations or changes in taxation or freight charges beyond our control.
1.2.3. We collect or deliver at your request above the ground floor and first upper floor.
1.2.4. We supply any additional services, including moving extra goods (these conditions apply to such work).
1.2.5. 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 to load or unload within 20 meters of the doorway.
1.2.6. We have to pay parking or other fees or charges in order to carry out services on your behalf.
1.2.7. There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work.
1.2.8. We agree in writing to increase our limit of liability set out in clause 8.1.1.
1.2.9. In any such circumstances, adjusted charges will apply and become payable.

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 reassemble 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.
2.2. 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.

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 reassemble 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.
2.2. 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.

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. If it is subsequently established that the value of the goods removed is greater than the actual value you declare, you agree that our liability under clause 8.1 will be reduced to reflect the proportion that you 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 authorised 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 stabilise 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.
3.2. Other than by reason of our negligence or breach of contract, we will not be liable for any loss or damage, cost or additional charges that may arise from failure to discharge these responsibilities.

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.
4.2. In the event that we have undertaken to pack the goods, or otherwise make them ready for transportation, it is our responsibility to deliver them to you undamaged. Again by "undamaged" we mean in the same condition as they were immediately prior to being packed/made ready for transportation.
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 7, 8, and 10, be liable under this agreement to compensate you for such failure.
4.4. We will not be liable to compensate you where clause 2.2, 3.2, and 5.2 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 8.1, 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 clause 8 and 10.

Goods Not to Be Submitted for Removal

5.1. Unless previously agreed in writing by the director or other authorised company representative, the following items must not be submitted for removal, and under no circumstances be moved. 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.
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 exporting 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.

Goods Not to Be Submitted for Removal

6.1. By entering into this agreement, you guarantee that:
6.1.1. The goods to be removed 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 cost brought against us if either warranty 6.1.1 or 6.1.2 is not true.

Payment

7.1. Unless otherwise agreed by us in writing:
7.1.1. Payment is required by cleared funds in advance of the removal if payment by cheque.
7.1.2. You may not withhold any part of the agreed price.
7.1.3. In respect of all sums which are overdue to us, we will charge on a daily basis calculated at 4% per annum above the prevailing base rate for the time being of the bank of England.

Determination of Amount of Our Liability for Loss or Damage

8.1. Standard liability 
8.1.1. 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 clause 8.1.2, 8.1.3 and 10 below, subject to a maximum liability of £10,000. 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 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 £10,000 referred to in clause 8.1.1(unless we have agreed the 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 do not provide us with a declaration of value, or if you do not require us to accept standard liability pursuant to clause 8.1, then our liability to you is to be determined in accordance with clauses 8.1.3, 8.2.2 and 9.
8.2.2. 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 10.1 which applies to limited liability.

Determination of Amount of Our Liability for Loss or Damage

9.1. Because third-party contractors are frequently present at the time of collection or delivery our liability for loss or damage is limited as follows:
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 damage area only.
9.1.2. If we cause damage as a result of moving goods under your express instructions, against our advice, and where to move 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, you must note this on the work sheet or delivery receipt as soon as practically possible or within a reasonable time. This is fundamental to the agreement.

Exclusions of Liability

10.1. In respect of limited liability, we will not be liable for the 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. 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:
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 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. 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.
10.3.2. Loss or damage arising from radiations or radioactive contamination.
10.3.3. Loss or damage arising from chemical, biological, bio-chemical, electromagnetic weapons and cyber-attack.
10.3.4. Indirect or consequential loss of any kind or description.
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, damp, mould, mildew or rust. 
10.3.7. By cleaning, repairing or restoring unless we arranged for the work to be carried out.
10.3.8. By change to atmospheric or climatic conditions.
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 liability is limited to £100 or its actual value whichever is less.
10.3.11. For electrical or mechanical derangement to any appliance, instruments, 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 marring unless you obtain from us a pre-collection condition report.
10.3.13. Loss or damage to a vehicle while 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, misdelivery, errors or omissions under the terms of this agreement.
10.5. Our liability will cease upon handing over goods upon completion of delivery (see clause 11.2).

Time Limit for Claims

11.1. 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.
11.2. Notwithstanding clauses 7, 8 and 9, 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 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 7 days of delivery of the goods by us.
11.3. 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.

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.

Disputes

13.1. If there is a dispute arising from this agreement which cannot be resolved, subject to the agreement of both parties, either you or we may refer the dispute to an arbitrator appointed by the chartered Institute of Arbitrators. The cost of such arbitration will be at the discretion of the arbitrator. This does not prejudice your right to commence court proceedings.

Our Rights to Subcontract the Work

14.1 We reserve the right to subcontract some or all of the work.
14.2 If we subcontract, then these conditions still apply.

WEBSITE TERMS AND CONDITIONS OF USE

Ownership of Rights

All rights, including copyright, in this website are owned by or licensed to Moving Solutions. You may not modify, distribute or re-post anything on this website for any purpose. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Moving Solutions. To request permission to use contents, please contact us.

Accuracy of Content

Moving Solutions has taken every care in the preparation of the contents of this website, in particular to ensure that all products/services have been fairly described. To the extent permitted by applicable law, Moving Solutions disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on the website. Moving Solutions shall not be liable to any person for any loss or damage which may arise from the use of the information contained in any of the materials on this website.

Damage to Your Computer

Moving Solutions makes every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and filter out anything that may damage it. Moving Solutions shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using our website.

Links to Other Websites

We have placed links on this website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents. Moving Solutions cannot accept any liability in respect of the use of these websites.

Legal Notices

There may be legal notices on other areas of this website which relate to your use of the website, all of which will, together with these Terms and Conditions govern your use of this website.

Changes to Legal Notices

We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

Law, Jurisdiction and Language

This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.

Moving Solutions are ready to do the hard work for you from start to finish. 

Share by: