MGR REMOVALS LTD
TERMS & CONDITIONS
The following terms and conditions govern the contract between the Removal/ Storage contractor (“the Contractor”) and you (“the Customer”) which you will be deemed to have accepted if you decide to take part. These Terms and Conditions can only be changed by a prior written agreement signed by both the Contractor and the Customer. Please read them carefully and always keep a copy for future reference.
1. Interpretation of terms used
1.1 Any reference in these conditions to “we”, “us”, “our” is a reference to the Contractor.
1.2 Any reference in these conditions to “you” is a reference to the Customer.
1.3 Any reference in these conditions to “goods” is a reference to the goods to be removed or stored.
1.4 Any reference in these conditions to “agreement” is a reference to the official contractual state between the two parties, the Contractor and the Customer, after the following steps had been completed:
1.4.1 Agreeing on a date for the removal or transportation of goods into storage to take place;
1.4.2 Written confirmation by the two parties that the removal can go ahead;
1.4.3 Issuing and receiving of the invoice that is to be paid in 4 days’ time in full by customers who choose a fixed price removal or the minimum booking charge if the removal is book by hour;
1.4.4 Accepting and signing of the Terms and Conditions and of the Inventory;
2. Our Quotation
2.1 Our quotation is inclusive of VAT.
2.2 Unless otherwise stated, our quotation does not include customs, duties, inspections or any other fees or taxes payable to any statutory body. Any such duties or fees will be payable by you in addition to the price stated in the quotation.
2.3 We reserve the right to amend the price stated in the quotation to take into account changes of circumstances which were not foreseen when preparing our quotation and are confirmed by us in writing. Additional charges may apply in the following circumstances:
2.3.1 Where the work is not carried out or completed within 1 month of the date stated in the quotation;
2.3.2 Increased costs resulting from currency fluctuations or changes in taxation or freight charges;
2.3.3 We have to collect or deliver goods at your request above the ground floor and first upper floor (if not agreed in advance); 2.3.4 We are required to supply any additional services such as taking down curtains, lamps, chandeliers or other fixtures;
2.3.5 The work is carried out outside of normal business hours (between 8.00am and 6.00pm) at your
2.3.6 We are required to provide additional services not included within the quotation, including moving or storing of extra goods;
2.3.7 The entrance or exit to the premises, the doorways, lifts or stairs are not permitting the removal of goods without specialized equipment or structural alterations ; or we are unable to obtain access to the delivery or collection point or the road or drive is unsuitable for our vehicles to load or unload within 20 meters from the doorway;
2.3.8 We have to pay for parking tickets, penalties or other charges in order to carry our services in your behalf; or
2.3.9 There are delays or events outside our reasonable control which increase the cost or resources required to complete the work.
2.4 Our quotation does not constitute a contract and accordingly there is no contract between us until you have our written confirmation that we can move your goods on the requested date. Such confirmation will be sent within 2 business days following receipt of your acceptance of our quotation and the contracts then concluded will be on these Terms and Conditions.
3. Additional work not included in quotation
3.1 Unless otherwise agreed in writing, the following is not included within the quotation:-
3.1.1 Dismantling or reassembling of any kind of furniture; or disconnecting, reconnecting or reassembling of any fixtures, fittings or appliances;
3.1.2 Removing or laying of fitted floor coverings;
3.1.3 The removal of any item or items which our staff reasonably believe they cannot move safely, whether due to its nature or its position.
3.1.4 The removal of goods from a loft, unless properly illuminated, evenly floored and with safe access;
3.1.5 Dismantling or reassembling of any garden furniture or appliances such as sheds, greenhouses, outdoor play equipment, or moving extremely heavy objects such as paving slabs or planters; 3.1.6 Clearing driveways or any access areas of snow, ice or other materials 3.2 Our staff are not qualified or authorized to carry out such jobs and we recommend that you make separate arrangements for such work to be completed by a qualified person.
4. Property excluded from our contracts
4.1 The following items are specifically excluded from our contracts and our staff have been instructed to never remove or take them into storage unless previously agreed in writing by the company director:
4.1.1 Jewellery, watches, precious stones, money, personal documents such as passports, deeds, securities, stamps, coins or any goods that form a collection;
4.1.2 Prohibited or stolen goods, drugs, pornographic material, potentially dangerous or damaging materials such as explosives, aerosols, paints, firearms or ammunition;
4.1.3 Goods likely to encourage vermin infestation, pests or to cause or spread contamination;
4.1.4 Frozen or refrigerated foods and drinks;
4.1.5 Any pets and their cages or tanks;
4.1.6 Cars, boats, caravans.
4.1.7 Furs, perfumes, cigars, tobacco or any perishable goods;
4.1.8 Goods requiring any license or government consent for export or import or any movement contemplated within the removal.
4.2 If we do agree to remove any such goods, we will not accept any liability for loss or damage unless we are negligent or in breach of contract. If you submit any such goods without our knowledge, we will make them available for your collection and if you do not collect such goods within a reasonable time, we reserve the right to take further steps in relation to the disposal of any such goods. You must indemnify us against any additional charges, expenses, damages, costs or claims incurred by us as a result.
5. Your responsibilities
5.1. You agree to:
5.1.1 Advise us in writing on the value of the goods to be removed and/or stored (unless you elect for our liability to be limited to GPB 200 per item as set out in Clause 10.1
5.1.2 Complete, sign and return to us the inventory form before the removal job is carried out;
5.1.3 Sign our T&Cs and return the form to us before any work commences.
5.1.4 Obtain at your own expense all permissions, consents, licenses, permits or customs documents required for the removal of the goods;
5.1.5 Pay for any parking or meter suspension charges incurred by us while carrying the work on your behalf;
5.1.6 Be present, either personally, or through an authorized representative, during the collection and delivery process;
5.1.7 Ensure that any relevant documents such as inventories, receipts, job sheets are signed by You or Your authorized representative as confirmation of collection or delivery of goods;
5.1.8 It is your responsibility to make sure that nothing that was agreed to be moved is being left behind or that goods that were not supposed to be moved were removed in error;
5.1.9 Prior to the removal ensure that all appliances or electronic devises are prepared and stabilized;
5.1.10 Provide proper protection for goods left unattended or in unoccupied premises;
5.1.11 Inform us of any possible disruptions during removal like broken lift, building works etc.
5.1.12 Empty, defrost and clean refrigerators and freezing equipment.
5.1.13 Ensure that all domestic or garden appliances such as washing machines, pipe hoses, etc are clean and dry without any residual fluid left inside that could leak during removal;
5.2 In addition you must provide us with contact details during the removal process including transit and/or storage of goods to the point of delivery.
6. Our responsibility
6.1 It is Our responsibility to deliver your goods to You as stated in the agreement, or have them for collection, undamaged, meaning in the same condition as when they were packed or made ready for us to remove and/ or store.
6.2 It is Our responsibility to deliver your goods that we have packed for you to You or have them prepared for your collection, undamaged, meaning in the same condition prior to us packing them or storing them;
6.3 If you book removal with us at fixed price, we make it our responsibility, in case of a late key, to still move you at no extra cost as long as the move can happen on the same day.
6.4 We make it our responsibility to respect the date set for the removal. In case of a no show by our staff, we agree to refund the You twice the value of the removal.
6.5 If we fail 6.1 and 6.2, please refer to Clause 10.4
7. Ownership of Goods
7.1 By entering this Agreement, you confirm to us that:
7.1.1 The goods to be removed or/and stored are solely your property
7.1.2 You have the proper authority from the owner or any other person with legal interest in the goods to enter this agreement in the relation to the removal and /or storing of the goods.
7.1.3 If at any time between entering the agreement and the termination of it You will inform us of any other person who might have gained legal right over the goods and You must inform us in writing of their names and address;
7.2 You undertake to indemnify us for any claims and keep us indemnified against any claims resulting from any breach by you of Clause 7.1.
8. Postponements and Cancellations
8.1 If this agreement is postponed or cancelled, we reserve the right to charge you a postponement or cancellation fee, depending on the amount of notice of cancellation or postponement given. Our charges are as follows:-
8.1.1 More than 10 working days prior to the removal – no charge;
8.1.2 Between 5 and 10 working days inclusive before the removal was due to start – not more than 30% of the removal charge;
8.1.3 Less than 5 working days before the removal was due to start – no more than 60% of the removal charge;
8.1.4 Within the last 24hrs before the removal was due to start – full amount;
8.2 For this purpose working days includes Mondays to Fridays other than Public Holidays.
9.1 You must pay our charges before the removal. The booking is not confirmed unless full or minimum payment is received.
9.2 You must not withhold any part of the agreed price.
9.3 We reserve the right to charge interest on overdue amounts. We will be calculating the interest charged on the amounts due to us on daily basis at a rate of 4% per annum above the prevailing base rate for the time being of the Bank of England. 8.4 Payment terms may only be changed in advance with our written consent.
10. Our Liability for Loss or Damage
10.1 Our liability for negligence or breach of contract or otherwise under common law in relation to your goods is limited to the value declared to us under Clause 5.1.1. or £30,000 whichever is the least. If no such value is declared, or if you so elect, for the maximum amount of £200 per item. These limits may affect the quotation.
10.2 We are not liable on a “new for old” basis for any lost or damaged goods.
10.3 We shall not be liable to the extent that loss or damage is caused or contributed to by moving goods under your express instructions, against our advice, and in a manner which is likely to cause damage.
10.4 You must notify us within 7 days of any damage to your premises or property other than goods submitted for removal and/or storage.
11. Excluded Risks
11.1 We are not liable for the following:
11.1.1 Loss or damage to cars or other motor vehicles (except motor cycles and mopeds or the like) and/or, boats and/or caravans unless carried within a closed vehicle, or within a trailer specially constructed or adapted for the purpose, but including loading and unloading, and storage within a suitable building, where carried or stored as an incidental part of a domestic removal and/or storage contract.
11.1.2 Incorrect dismantling/reassembly of swings and trampolines.
11.1.3 Electrical and mechanical derangement unless shown to be as a result of physical external damage to the item concerned or as a result of fire, flood, collision or overturning of road vehicles or other conveyances.
11.1.4 Loss or damage which occurs prior to collection or packing by us or after delivery or unpacking by us.
11.1.5 Loss or damage to jewellery, watches, trinkets, precious stones, precious metals, coins, money, deeds, bonds, securities and stamps or collections of similar kind except whilst secured in a locked safe or strong room.
11.1.6 Loss or damage caused by wear and tear, gradual deterioration, warping or shrinkage, moth and/or vermin unless it can reasonably be demonstrated that such loss or damage arose as a result of our actions or failings of those of our subcontractors, agents or servants.
11.1.8 Loss or damage to refrigerated or frozen food and/or drink, plants, house plants, brittle objects, items with inherent defects howsoever caused and/or goods likely to encourage vermin or other pests or to cause infection.
11.1.9 Prohibited or stolen goods, drugs, potentially dangerous, damaging or explosive items including gas bottles, aerosols, paints, firearms and ammunition.
11.1.10 Animals and their cages or tanks including pets, birds or fish.
11.1.11 Mysterious disappearance of customers goods in transit or in store unless evidence can be provided to prove beyond all reasonable doubt that the loss is solely attributable to the dishonesty or connivance of our employees.
11.2 None of our employees will incur any separate liability to you.
11.3 If the value of your goods in store are, at the time of loss or damage, collectively of greater value than the value declared, then you will bear the equivalent proportion of the claim in the same ratio as the actual value exceeds the declared value.
11.4 Our liability is limited to the reasonable cost of repair and no claim will be considered in respect of any depreciation in value of any item as a result of such repair.
11.5 Where any item consists of items in a pair or set, we will not pay more than the value of any particular part or parts which may be lost or damaged, without reference to any special value which such part or parts may have as part of a pair or set, nor more than a proportionate part of the declared value of the pair or set.
11.6 A 3.5 tonne van can be loaded with 1 tonne worth of goods and a 7.5 tonne lorry with 3.1 tonne worth of goods. The driver is the person deciding whether the van/lorry is overloaded or whether more goods can be loaded in the vehicle. It can be checked on demand at local recycling centers at the cost of £5-10 payable by the client. The driver will inform you if additional vans or more trips are needed. The price will be discussed with the office and amended accordingly.
12. Delays in Transit
12.1 Unless specifically agreed all arrival and departure times are estimates only.
12.2 If a specific timetable is agreed in writing between us and any delay within our reasonable control
occurs, we will pay your reasonable expenses resulting from our failure to keep to the agreed written timetable. If through no fault of ours we are unable to deliver your goods and take them into storage then any additional storage charges and delivery charges incurred as a result will be at your expense. 12.3 For any other kinds of delays, please refer to Clause 6.3 and 6.4.
13. Damage to premises or property other than goods
13.1 It often happens that third parties are present at the premises at the time of removal or delivery of goods. In such situations in which the responsibility for loss or damage is hard to be proved, we limit our liability to the following instances:
13.1.1 In case our staff cause damage or loss to the premises or property other than the goods to be removed as a result of negligence or breach of contract, we are liable to restore to good only the damaged area.
13.1.2 We are not liable for damaged caused by removing property at your express instruction and against our professional advice;
13.1.3 In the unfortunate even we are responsible for any damage or loss caused to your premises or property other the goods to be removed, it is your responsibility to note the damage or loss in the job sheet as soon as possible and notify the office within 7 working days from the moving day.
14. Exclusion from liability
14.1 In respect of Limited Liability, we will not be hold liable for the loss and damage of your goods in the following conditions:
14.1.1 We are not liable for any goods in wardrobes, drawers, appliances, or in a package, carton, container, case not packed and/or unpacked by us.
14.1.2 We are not liable for the loss or damage to items such as china, glassware or fragile items unless they have been professionally packed and unpacked by us.
14.1.3 We are not liable for any goods which have a pre-existing fault or are inherently defect.
15. The right to sub-contract the work
15.1 We reserve our right to use sub-contractors for some or all of the work if necessary; 15.2 In case we sub-contract, then the same terms and conditions will still apply.
16. Revision of storage charges
We retain our right to review our storage charges periodically. In case of any increase in price, you will be given 30 days’ notice.
17. Our right to sell or dispose of the goods
17.1 If payments in relation to moving or storing of your goods are in arrears, and on giving You three months’ notice, we reserve the right to require you to remove your goods from our custody and pay the amount due to us in full.
17.2 In case you fail to pay us the amount you owe us in full, we reserve the right to sell or dispose of some or all the goods without any further notice. Your account will be charged with the cost of the sale or disposal. Any eventual surplus will be paid to you without interest. If the full amount due is not received , we may seek to recover the balance from you.
18. Time Limit for Making Claims
You must notify us of any loss or damage within 7 days of the collection of goods by you or their delivery by us to their destination, unless we agree to an extension of this time limit. If you fail to make a notification to us of such loss or damage, we will not be liable.
19. Materials delivery within London and neighboring areas costs £15.
20. Applicable law
Any dispute between us, the Contractor and you, the Customer, will be governed by the non-exclusive law and jurisdiction of English or Scottish Courts. If you currently reside or intend to move outside the jurisdiction of the courts of the United Kingdom, the laws and jurisdiction of the local courts may apply but only with our written agreement prior to the removal to be commenced.
21. Whole Agreement
These Terms and Conditions together with our quotation form the whole agreement between us and all other correspondence or oral discussions or representations are excluded.
We may terminate this contract on three months’ notice in writing. If you wish to terminate this agreement while your goods are in storage you must give at least 10 working days’ notice in writing. You remain liable for charges for storage up to the date of release of the goods to you.