Three Counties Moves
Terms & Conditions
Gentle and efficient home removals provided to and from Hertfordshire, Bedfordshire & Buckinghamshire.
These conditions explain the rights, obligations and responsibilities of all parties to this Agreement. In Clauses 6, 15, 16, and 17 we limit or exclude our liability for
loss and damage. We are able to extend our liability for your benefit upon request. These terms and conditions can be varied or amended subject to prior written
agreement.
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.
DEFINITIONS
i. Where reference is made to “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. ii. Where
reference is made to “we”, “us” or “our” it means
iii. “quotation” means our formal document setting out the quotation
cost of your removal.
iv. “goods” means all furniture and other effects which are to be the
subject of the services.
v. “service” means the whole of the work to be undertaken by us in
connection with the goods including storage (if applicable).
vi. “agreement” means the contract between you and us for the
supply of the services in accordance with these conditions,
including the signed acceptance and quotation and any relevant
schedules.
vii. “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. viii. “working days” refer to
Monday to Friday and excludes weekends and public holidays.
“variation” shall include any variation, supplement, deletion or
replacement however effected. ix. “Lien” is our legal right to hold your
goods until you have paid all outstanding charges.
x. “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.
1. QUOTATION
1.1 Our quotation is valid for thirty days from the issue date and is a
fixedprice.
1.2 All quotations are based on normal working hours, Monday to
Friday, unless otherwise specified by us in writing.
1.3 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, demurrage or container detention fees, customs
charges, or any extraordinary expenses. This is not an exhaustive
list. Unless otherwise stated, these charges remain your total
responsibility.
1.4 Our quotation for any 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.
1.5 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.
1.6 All pricing in our quotation is in pounds sterling unless otherwise
indicated.
2. EXCLUDED FROM QUOTATION
2.1 We will not:
2.1.1 Take down or put up unit furniture, fitments or fixtures or garden
furniture and equipment
2.1.2 Disconnect or reconnect appliances, fixtures and fittings.
2.1.3 Take up or lay fitted floor coverings.
2.1.4 Move items from or access a loft area, without the provision of
adequate lighting, safe access and suitable flooring.
2.1.5 Move loaded refrigerators/deep freezers.
2.1.6 Move night storage heaters unless they have been properly
dismantled
2.1.7 Move or store any items excluded under clause 12.2.
2.1.8 Dismantle or assemble garden furniture and equipment including,
but not limited to sheds, greenhouses, garden shelters, outdoor
play equipment, gym equipment, trampolines, hot tubs, satellite
dishes, or move paving slabs, planters and the like.
2.2 Our staff are not authorised or qualified to undertake the works referred
to in 2.1 and we therefore recommend that a properly qualified person is
engaged by you to carry out these services.
2.3 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.
3. SERVICES
3.1 In providing the service, we undertake to:
Use the required knowledge, behaviours and skill essential for the
service.
Ensure that all materials we use are of satisfactory quality and are fit for
purpose.
3.2 Comply with all applicable laws and regulations in force. Have no liability
to you if such compliance results in any breach of our responsibilities
contained withi
4. ADDITIONAL CHARGES
4.1 Additional charges will be applied in the following circumstances:
4.1.1 If the move does not take place within twenty-eight days of the
quoted date of the services.
4.1.2 If the storage period exceeds six months in duration and we have
provided you with a quotation inclusive of redelivery (and the
redelivery from store has not taken place).
4.1.3 Any fluctuations in currency, changes in taxation, freight, fuel,
ferry or toll charges beyond our control.
4.1.4 Moves carried out on a Saturday, Sunday, public holiday, or if you
request delivery and/or collection outside of our normal working
hours (08.00-17.00hrs).
4.1.5 Collection and/redelivery above the ground floor and first upper
floor.
4.1.6 Any additional services proffered, such as the moving or storage
of further items.
4.1.7 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
© Association of Independent Movers 2023
TERMS AND CONDITIONS May
2023 v6
unsuitable for our vehicles and/or containers to load
and/or unload within 20 metres of the doorway;
4.1.8 There are unforeseeable delays or events which impact
the resources or timescales initially allowed to carry out
the move; or
4.1.9 We agree, in writing and prior to the move commencing,
to increase our liability limit contained in clause 15.1.
4.2 You are in full agreement that you will be liable for any
reasonable charges arising as a consequence of any of the above
circumstances.
5. PAYMENT
5.1 Unless otherwise agreed, a minimum deposit of 30% of the
removal cost is payable upon acceptance of our quotation.
5.2 The balance of the removal cost must be received by us and
payment cleared at least three working days before the removal
is due to take place
5.3 If you fail to make such payment, we reserve the right to refuse
to undertake the removal or offer storage until such payment is
received.
5.4 You may not withhold any part of monies due because of any
claim you may wish to make against us.
5.5 If you have not paid within the agreed terms, we will be entitled
to charge interest on all overdue sums on a daily basis, calculated
at 3% per annum above the prevailing Bank of England base rate.
5.6 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.
6. INSURANCE (also see Clause 15 DAMAGE LIABILITY)
6.1 It is your responsibility to insure your goods. If you ask us in
writing to arrange insurance cover for you, we may extend our
liability to cover your goods (to a maximum liability of £25,000),
provided you declare the full replacement value of your goods
and pay the admin fee in advance.
6.2 We offer to arrange for the goods to be insured during the transit
and storage only, and the details of the type of insurance and the
rates are set out in our quotation and/or will be provided on
request.
6.3 In the event of loss of or damage to your goods, our liability to
you will 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.
6.4 If you pack items yourself, standard damage liability only will
apply for those items.
6.5 We will not be able to offer cover when collecting and/or
delivering goods to/from a third-party premises/storage facility.
This exclusion applies to any goods that have been delivered to
our premises. You may, of course, arrange insurance with an
insurer of your choice.
6.6 We suggest you acquire cover which provides indemnity for
perils such as Fire, Flood and Theft where there is proof of forced
entry.
7.CANCELLATION/POSTPONEMENT
7.1 If a date for the services is agreed upon in the quotation and
acceptance, 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.
7.2 The fees are as follows for alteration/postponement/cancellation
notice received:
7.2.1 More than fifteen working days before the services were
due to start – no charge.
7.2.2 Between ten and fifteen working days inclusive before
the services were due to start – 30% of the charges.
7.2.3 Less than ten working days before the removal was due
to start – 60% of the cost of the charges.
7.2.4 Less than three working days before the removal was due to start
– 75% of the charges.
7.2.5 Within twenty-four hours of the move taking place – 100% of our
charges.
8. WAIVER INSURANCE
8.1 If offered and paid for in advance of the commencement of the services
(i.e. at the time of booking), we agree to waive the Cancellation charges
up to the day before the move.
8.2 Our agreement to waive the charges is conditional upon us receiving your
written notice of the intention to cancel/postpone no later than 12:00
hours on the preceding working day before services were due to
commence.
8.3 The cancellation/postponement charge will entitle you to only one
cancellation/ postponement.
9. DELIVERY
9.1 Any delivery times stated by us are estimated and based upon local and
travel information at the time of the quotation.
9.2 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.
9.3 We will advise you of any material changes to the collection/delivery/
transit times as soon as we become aware.
9.4 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.
9.5 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 redelivery of the goods.
9.6 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.
9.7 We reserve the right to select the most appropriate storage facility.
9.8 The agreement will then be considered satisfied and any additional
service(s), including the reasonable cost of storage and redelivery, will be
borne by you.
10. ROUTE AND METHOD OF REMOVAL
10.1 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.
10.2 We shall be entitled to carry or arrange for the transportation of the goods
by any reasonable route, having given due regard to all the circumstances
including, but not limited to, the nature and destination of any other
goods being carried on or in the conveying vehicle.
10.3 We have the right to choose the location in respect of storage.
10.4 We reserve the right to sub-contract some or all of the removal and if we
do so, then these terms and conditions will prevail.
11. TERMS OF STORAGE
11.1 We will prepare an inventory of goods received for storage and will ask
you to sign that inventory. We will furnish you with a copy of the inventory
which we will ask you to sign.
11.2 Regardless of whether you sign the inventory or not, failure to object to
its accuracy within 7 days of receiving it from us, will result in the inventory
being relied upon as conclusive evidence of the goods received by us.
11.3 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.
11.4 In the event that we are unable to contact you, we will charge you any
reasonable costs incurred in establishing your whereabouts. 11.5 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.
11.6 You are entitled, upon giving us reasonable notice, to inspect the
goods in store, but a reasonable charge may be made by us for
this service.
11.7 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 viii above).
11.8 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.
11.9 Where goods are handed out from store our liability will cease
upon handing over the goods to you or your authorised
representative.
11.10 All charges including removal charges must be paid before the
goods may be taken out of store.
11.11 If you fail to make the required payment for your storage, 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 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.
11.12 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.
11.13 For the purposes of preparing for the sale of the goods under
clauses 11.11 or 12.5 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. 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.
11.14 We review our charges annually and will give 28 days’ notice of
any changes which will commence from the beginning of the next
onemonth accounting period.
12. GOODS EXCLUDED FROM REMOVAL OR STORAGE
12.1 The following items will under no circumstances be moved or
stored by us and must not be presented for removal and/or
storage.
12.2 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.
i. 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.
ii. Perishable items and/or those requiring a controlled
environment. iii. Dangerous, damaging or explosive items,
including paint, aerosols, ammunition, firearms or weapons
of any kind.
iv. Animals, plants or goods, including food, likely to encourage
vermin or other pests or to cause infection.
v. Goods which require special licence or government
permission for export or import; and
vi. Prohibited or stolen goods or drugs.
12.3 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.
12.4 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.
12.5 If any of the items or substances which are listed under 12.2 are in your
goods we may remove, destroy or otherwise dispose of 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.
12.6 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.
13. YOUR WARRANTIES
13.1 Any information which you have provided to us and on which we have
reasonably relied in assessing any quotation of the resources necessary to
carry out the work is accurate genuine and true. We will not be liable for
any costs, charges or losses that you incur if this is not the case.
13.2 You are either the owner of the goods, or the authorised agent of the
owner.
13.3 For goods that you have packed, you have complied with all laws and
regulations relating to the packaging, labelling or carriage of the goods,
and that the goods are packed in a manner adequate, having regard to
their nature, to withstand the ordinary risks of removal, carriage and
storage.
13.4 The consignee of the goods (whether you or some other person) is the
holder of the requisite entry documentation (passport, visa etc) for, or has
such residency status in, the country of destination of the goods as may
be necessary to authorise the importation of the goods to that country.
13.5 You are required to, prior to the commencement of the removal or
storage, provide us with written notice of any goods which are of a fragile
or breakable nature (which are not readily apparent as such) or works of
art, collections of items etc having an individual value (or collection) in
excess of £1,500. We may either refuse to carry any such goods or require
them to be packed, at your cost, in bespoke containers or packaging, if we
consider it appropriate. We may also request that you arrange specialist
insurance for these items, independent from our insurance.
13.6 You will, prior to the commencement of the removal or storage, provide
us with written notice of any goods which may be liable for duties or
subject to quarantine restrictions.
13.7 You will ensure, to the best of your ability, that all goods to be removed
(other than goods being removed from store) or stored are uplifted by us
and that none is taken in error.
13.8 You warrant that the goods to be removed and/or stored are owned by
you and are free of any legal charge. Where this is not the case, you
warrant that:
13.8.1 you have the requisite agreement of the owner of the goods (or
anyone having a legal interest in them), obtained before entering
into this agreement, having made them fully aware of the terms
and conditions contained within; and
13.8.2 you will immediately advise us of the name and address in writing
of any other person/s who has or obtains an interest in the goods.
13.9 You will indemnify us against any claim for damages and/or costs brought
against us if the declarations in clauses 13.8.1 and 13.8.2 are found to be
untrue.
13.10 If you wish to transfer responsibility for this agreement to a third party,
you may do so by providing us with written notification of their full name,
address and the nature of their interest, following our receipt and
acknowledgment of which, we will issue and enter into a new agreement
with them.
13.11 Our agreement with you will not finish until we are in receipt of the signed
agreement from the third party.
14. YOUR RESPONSIBILITIES
14.1 By agreeing to the terms of your removal, you confirm that you will:
14.1.1 Respond promptly to all requests from us relating to the services
and ensure that all information provided is accurate.
14.1.2 Arrange all-risks insurance cover for all goods being moved, as our
liability is limited as contained in clause 15.1.
14.1.3 Obtain all obligatory documents, permits, licences, and customs
documents necessary for the removal.
14.1.4 Remunerate us for any charges, such as parking and/or meter
suspension fines, incurred during the removal process.
© Association of Independent Movers 2023
TERMS AND CONDITIONS May
2023 v6
14.1.5 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.
14.1.6 Sign all inventories, job sheets or other relevant
documents as confirmation of collection or delivery of
the goods. Your authorised representative will sign on
your behalf in your absence.
14.1.7 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.
14.1.8 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.
14.1.9 Ensure all electronic appliances and/or equipment are
suitably prepared for the removal.
14.1.10 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.
14.1.11 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.
14.1.12 Furnish us with a current contact address and telephone
number during the removal process and/or storage of
goods; and
14.1.13 Make requisite arrangements for the transportation,
storage and/or disposal of goods listed in clause 12.2.
14.2 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.
15. DAMAGE LIABILITY
15.1 If you do not provide us with a declaration of value of your goods,
or if you do not require Extended Liability, 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 or, at our discretion, we will pay
for repairing or replacing the item. This will apply even if the item
is part of a pair or set and may have a special value.
15.2 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 us.
15.3 If the goods sustain damage by reason of defective or inadequate
packing or unpacking, and the packing or unpacking (as the case
may be) was not undertaken by us, we will not be liable.
15.4 We will not be liable for any claim in the event that you dispose
of and/or replace the item/s before we have had the opportunity
to assess the damage.
15.5 Liability is only accepted for loss or damage when the goods are
15.5.1 in our possession and negligence can be proven; or
15.5.2 in the possession of others and if the loss or damage is
proven to have been as a direct result of our failure to
pack the goods to a suitable standard (where we have
been contracted to.)
15.6 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.
15.7 Damage to property other than goods
Because third party contractors or others are frequently present at the time
of collection or delivery, it is not always possible to prove culpability for loss
or damage. Therefore, our limit of liability is as below:
15.7.1 If we cause the loss or damage as a result of our negligence or
breach of contract, our liability shall be limited to making good
the damaged area only.
15.7.2 If we cause the damage as a result of moving goods under your
express instruction, against our advice, and where moving the
goods in the manner instructed was likely to cause damage, we
shall not be liable.
15.7.3 If we are responsible for causing damage, you must note this on
the job sheet or delivery receipt as soon as it occurs and, in any
event, before we leave the premises. This is fundamental to the
agreement.
16. NOTIFICATION OF LOSS OR DAMAGE
16.1 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.
16.2 With regards to misplaced items, or ascertaining the proximate cause of
damage, we would request that we are notified within seven working
days, when the events are more easily investigated.
16.3 In any claim for loss or damage under this clause 16, 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.
16.4 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 on the collection paperwork at the time. We
will be unable to consider claims retrospectively once the goods have left
our premises.
16.5 The time limits contained in 16.1 and 16.2 and 16.4 are essential.
17. EXCLUSIONS OF LIABILITY
17.1 We will not be liable for:
i. Any loss or damage occurring in the course of the provision of removal
by a third party. ii. Loss or damage resulting from inadequate or improper
packing or unpacking unless the goods damaged or causing damage were
both packed and unpacked by us.
iii. Loss or damage to 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.
iv. Perishable items and/or those requiring a
controlled environment.
v. For electrical or mechanical derangement to any appliance,
instrument, clock, computer or other equipment unless there is
evidence of related external damage.
vi. Any loss or damage involving the restoration or reconstruction of
information or data or any item of so-called consequential loss
17.2 We shall not be liable for loss or damage caused by the following, unless we
have been negligent or in breach of contract.
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. Fire, moth or vermin, Acts of God, war, terrorism, invasion, acts of
foreign enemies, hostilities (whether war is declared or not), civil war,
rebellion or military coup, adverse weather, third party industrial
action, traffic, re-scheduled sailing, departure or arrival times, port
congestion or other events outside of our control;
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;
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. To any goods which have a proven defect.
vii. To animals, plants and items referred to in clause 17.1 viii. For items
referred to in clause 12.2.
© Association of Independent Movers 2023
TERMS AND CONDITIONS May
2023 v6
17.3 If you instruct us to move, transport or dismantle self-assembly or
interconnecting furniture, we will not be liable for any damage to it
nor for its quality when reassembled by you or us. This also applies
to other furniture which is unsuitable for removal or transport.
17.4 We will not be liable for any consequential and/or indirect loss/es
arising out of your failure to adequately insure your goods for their
full value.
17.5 Nothing in this clause excludes or limits our liability to you for:
i. Death or personal injury caused by our negligence;
ii. Our fraudulent misrepresentation; or
iii. Any other liability that is not permissible to be limited or
excluded under our law.
17.6 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; or
ii. Such loss or damage is not a reasonably foreseeable result of
any such breach.
17.7 We will not be liable for any loss or damage nor any delay which
results from any cause beyond our reasonable control.
18. INTERNATIONAL REMOVALS
18.1 We will use our reasonable endeavours to provide you with up to
date information to assist you with the import/export of your
goods.
18.2 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 and we will have no liability for the detrimental
impact of any resultant changes of such information save where
we are in breach of our duty of reasonable care and skill.
18.3 It is your absolute responsibility to seek appropriate advice to
verify the accuracy of any information that You provided to Us.
18.4 Where we use the services of a 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 are subject to
the terms and conditions contained within the terms and
conditions of the carrier.
18.5 If for reasons beyond the carrier’s control, the vessel/conveyance
fails to deliver the goods or routes them to a place other than the
original destination, you have limited remedy against the carrier
and you are likely to be liable for general average contribution.
We recommend that you take out marine insurance based on this
fact.
18.6 The contribution is likely to be the costs incurred to preserve the
vessel/conveyance and cargo, and also any salvage charges
incurred, or the additional cost of onward transmission to the
place, port or airport of destination.
18.7 These are insurable risks and it is your responsibility to arrange
adequate marine/transit insurance cover. We can assist with the
provision of such.
18.8 Other than by reason of our proven negligence or breach of
contract, we will not be liable for delays with the transportation
process.
18.9 Any transit times given by us are estimated and based on the
information known to us at the time. Transit times may vary due
to a number of factors outside of our control. We will advise you
of any material changes to transit times as soon as we become
aware of them.
18.10 If through no fault of ours we are unable to deliver your goods,
we will inform you and you may choose for us either:
i. Where possible to deliver them to an alternative location; or ii.
take them into store. At this point, the contract between us will
then be fulfilled and any additional service(s), including storage
and delivery provided by us or on our behalf, will be at your
reasonable expense.
18.11 We accept no liability whatsoever for goods confiscated, seized
or removed by customs authorities, government agencies or
other official body
18.12 For goods which we are delivering you must claim for any loss, damage or
failure to produce the goods:
i. Within 7 days of the delivery date, if you have insured your goods
with us; and
ii. Within 7 days of the delivery date, if you have not insured your goods
with us.
GENERAL CONDITIONS APPLYING TO ALL SERVICES
19. LIEN
We shall have a right to withhold and ultimately dispose of some or all of
your goods if you fail to pay all our charges and other payments due to us.
These include any charges, taxes or other levies that we have paid out on
your behalf.
While we hold the goods and await payment, you will be responsible for
paying reasonable storage charges and all the other necessary expenses
that continue to apply.
These terms and conditions will apply to the goods held in this way. We have
a right to withhold and/or ultimately dispose of some or all of the goods if
you have not paid these charges, taxes or levies that we have paid on your
behalf in accordance with law (see above re 1977 Act).
20. OUR RIGHT TO SUB-CONTRACT
We may use service partners or sub-contractors for some or all of the work.
If we do, these terms and conditions will still apply to you and us. In addition,
you agree to the terms and conditions set forth in the Bills of Lading and
Consignment Notes issued by other carriers or companies (which we accept
in our capacity as your Agent) involved and those terms and conditions form
part of this contract
21. THIRD PARTY CLAIMS
You will be responsible for paying any expenses, charges, penalties etc
claimed against us by a third party in respect of the goods, unless they were
incurred as a result of our proven negligence or breach of contract. These
include any parking levies incurred whilst carrying out the services, unless
we have agreed to pay them in writing.
22. FORCE MAJEURE
Neither party will be held liable for any delay nor failure under the
agreement if the delay or failure is as a direct result of force majeure,
provided that the affected party:
i. Immediately notifies the other party of the salient issue;
ii. Provides a reasonable estimate on how long it will continue;
iii. Notifies when it has ended;
iv. Takes all reasonable steps to avoid or mitigate the force majeure; and
v. Reverts immediately when the event of force majeure ends.
23. ANTI-BRIBERY AND ANTI-CORRUPTION
We will observe all relevant laws, statutes and regulations relating to antibribery and anti-corruption, including the Bribery Act 2010 and we will not
engage in any activity or conduct, which constitutes an offence under
sections 1, 2 or 6 of the Bribery Act 2010.
We have our own anti-bribery and anti-corruption policies, and will enforce
them where appropriate.
24. DISPUTES
If you or we consider that a dispute has arisen in relation to this agreement
(either during the removal, or after completion), written notice of the
dispute will be given to the other party.
Following the submission, we will continue to perform any outstanding
commitments under the agreement.
In the event that the two parties (you and we) cannot resolve the dispute
between us, you are entitled to refer the dispute to the Furniture and Home
Improvement Ombudsman, which is an independent dispute resolution
provider.
Use of the dispute resolution service does not prejudice your right to
commence court proceedings in England and Wales.
25. 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. Our privacy policy allows
us to use such personal information for these purposes, but all such
information will be held subject to the policy, which can be found
on our website.
By asking us to provide you with a quotation for
removal/relocation/storage/packing and unpacking services,
arrange insurance, you consent to the collection and use of
information you have provided to us for the purposes described
above.
Where we process any of your data, we will comply with all
requirements and obligations under the data protection laws.
26. KEY WAITING
Our quote dose not include us waiting for keys should there be a delay in
receiving them on the day. Our removal team will wait outside your new
property up to
1.00pm, at no charge, however after 1.00pm, there will be a key waiting
charge of
£25+vat per crew member, per hour or part thereof, up until the time we
gain access.
For example, if keys are not received and therefore, we cannot gain access
until
3pm,
with a 3 person team, there will be a charge of 2 hours per person
(£150.00
+vat
total).
A key waiting waiver can be purchased from us prior to your removal
day. On your removal day, the team will stay to unload for as long as
their working hours allow according to the Working Time Directive.
If key exchange does not happen by 4pm or we cannot gain access to your
new property at all on your removal day, we will arrange storage for your
goods at your
cost. We will then reorganize your re-delivery at the same cost to you of
the original
booked move. Re-delivery dates are subject to availability. If we are
booked up and
cannot redeliver the next day, or you next preferred day, we will
offer an alternative day that we have available.
27. NOTICES
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 recorded
delivery or other next working day delivery service, commercial courier, or
email.
Such communication will be deemed to have been received, if sent by
recorded delivery or other next working day delivery service, or
commercial courier, on the date and at the time that the delivery receipt
is signed or if sent by email, one business day after transmission.
28.APPLICABLE LAW
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.
29.ENTIRE AGREEMENT
The agreement comprises the entire contract between you and us and
supplants and dismisses all previous assurances, warranties, promises,
representations and interpretations between you and us, whether
proffered verbally or in writing, relating to our services and both parties
agree that they will have no remedies in respect of any statement,
representation, assurance or warranty (whether made innocently or
negligently) that is not set out in the agreement
