Terms and conditions
These Conditions set out the rights and obligations of the remover ( we-us-our ) and the customer ( you-your ). These Terms and Conditions can only be changed with the prior written agreement of both the remover and the customer.
1.0 Our quotation is an inclusive price and if moving abroad does not include customs duties , inspections or any other fees or taxes payable to any statutory body. Any such duties or fees due will be payable by you in addition to the price stated in the quotation.
2.0 We reserve the right to amend the price stated in the quotation to take account of changes of circumstances which were not taken into account when preparing our quotation and are confirmed to us in writing.
Such factors may include the following :-
2.1 Where the work is not carried out within 3 months of the date stated in the quotation.
2.2 Increased costs resulting from currency fluctuations or changes in taxation, freight charges or increased road fuel prices.
2.3 We have to collect or deliver goods at your request to above ground and first floor and were not made aware of this at time of quotation.
2.4 We supply any additional services.
2.5 The work is carried out outside normal working hours ( 8.00 am to 6.30 pm ) at your request after the quotation is given. Extra charges will also apply if the move is carried out on a Saturday, Sunday or Bank Holiday.
2.6 We are requested to provide additional services not included in the quotation, including the moving or storing of extra goods.
2.7 We are unable to access the collection or delivery point or such access is inadequate or innapropriate for our vehicles. If access is not possible then we may offer the alternative for you to hire at your expense a smaller vehicle. We will then tranship the load piece-meal and will charge for the extra time needed on a pro rata basis. If our driver is required to drive the hired vehicle then all insurance cover for the vehicle and goods carried must be organised and paid for by yourselves.
2.8 We have to pay parking or parking penalty charges.
2.9 There are delays or events outside our control which increase the cost or recources required to complete the work.
2.10 Our quotation does not constitute a contract and accordingly there is no contact between us until you have returned the ‘Acceptance’ form duly signed and dated with the appropriate deposit paid and we have confirmed receipt of such form. The contract will then be on these
3.0 Unless otherwise agreed in writing the following is not included in the quotation.
3.1 Dissmantling or assembly of units including flatpack.
3.2 Disconnecting, reconnecting, dissmantling or reassembling any appliances, fixtures, fittings or equipment.
3.3 Taking up or removal of fitted floor coverings.
3.4 The movement of any item or items which our staff reasonably believe they cannot move safely, whether due to its nature or position.
3.5 You are recommended to make arrangements for any such work to be provided for separately.
3.6 If you have requested and paid for a dissmantling and/or reassembling service it is on the express understanding that as we are dealing with previously erected goods, whilst all care will be taken, we will not be liable for any damage howsoever caused.
4. 0 You must
4.1 Declare in writing to us the value of the goods being removed and/or stored ( unless you elect for our liability to be limited to £50 per item as set out in clause 9.0 )
4.2 Obtain at your own expense all permissions, consents, licences, permits or customs documents required for the removal of the goods.
4.3 Be present either personally or through an authorised representative during the collection and delivery process.
4.4 Prepare and stabalise all appliances prior to their removal.
4.5 Take reasonable precautions to prevent the unauthorised removal of goods not belonging to you and check to ensure that all your goods are duly removed.
4.6 Provide proper protection for goods left unattended or in unoccupied premises.
4.7 If you have elected to pack yourself then all packing to be completed by the time of commencement of move. If this has not happened and it adds unforseen time to the move then extra charges will apply pro rata to price quoted.
4.8 Empty, defrost and clean refrigerators and freezing equipment.
4.9 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.
4.10 We will not be liable for any loss, damage, cost or additional expense that may occur as a result of your failure to fulfill these obligations unless by reason of our own negligence or breach of contract.
Ownership of Goods
5.0 You confirm to us that the goods being removed are your property or that you have the authority of the owner to enter into this contract in relation to the removal of the goods and storage thereof.
5.1 You undertake to indemnify us for any claims and keep us indemnified against any claims resulting from any breach by you of clause 5
6.0 Unless previously agreed by us in writing by a director the following items are excluded from this contract and will not be removed.
6.1 Prohibited, stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items such as aerosols, paints and firearms and/or ammunition. Also gas in any form or bulk liquids including oils, fuels and/or cleaning products.
6.2 Jewellry, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or collections of any similar kind.
6.3 Any goods likely to encourage vermin or other pests or to cause infestation or contamination.
6.4 Perishable items and/or those requiring a controlled enviroment or refrigerated or frozen food or drink.
6.5 Animals, birds, fish or any livestock.
6.6 Goods requiring any licence or government consent for export or import or any movement contemplated within the removal.
6.7 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.
6.8 We accept no liability for any garden furniture, pots, plants etc due to the nature of weathering that can make such items unstable and brittle.
6.9 We will not cross lawns or other surfaces that are unreasonably wet/muddy/soggy or in any other way that would affect safety or the ability for us to remain in a clean and tidy condition.
Postponement and Cancellation
7.0 If this agreement is postponed or cancelled we may charge you depending on the amount of notice given. Our charges are as following:-
7.1 More than 7 days before booked date – no charge.
7.2 Between 3 and 7 days before booked date :- up to and not more than 20% of the removal charge.
7.3 Less than 3 days before the booked date :- the full amount.
7.4 For this purpose working days include Mondays to Fridays other than public holidays.
7.5 If cancellation is with more than 7 days notice and a deposit has been paid and/or boxes delivered, then we will make a nominal charge to cover the cost of delivery/collection/cancellation .
7.6 If key exchange does not happen on the removal day after we have loaded then we will arrange storage for your goods at your cost. We will then reorganise your re delivery at the same cost to you of the original booked move.
7.7 If key exchange/access happens after 5.00 pm then we reserve the right to unload the following day. This option will be considered if the unload is likely to be completed after 9.00 pm. The calculation used for this is that the unload time is usually 2/3 rds of loading time. In this circumstance then a pro-rata rate to the move itself will be levied. This option is usually only considered, but not restricted to, the larger/long distance moves.
7.8 If a move is cancelled and a box delivery has been effected then the deposit may be returned ( subject to 7.1 7.2 7.3 ) less a minimum charge dependent on distance of £15 each for delivery and collection.
8.0 You must pay our charges so that we have cleared funds in advance of the removal.
8.1 We will accept cash payment on the day of the removal only if agreed prior and stated on the ‘Acceptance’ form.
This has to be paid prior to the commencement of loading.
8.2 You must not withold any part of the agreed price.
8.3 We reserve the right to charge interest on overdue amounts.
8.4 Payment terms may only be varied with our writen agreement in advance.
8.5 There is no agreement to conduct your move on any agreed date until a £100 (minimum) deposit has been paid and we have confirmed availability. This will guarantee your move date and be subject to Postponement & Cancellation as 7.2
Our Liability for Loss or Damage
9.0 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 4.1 or £30,000 whichever is the least. If no such value is declared, or if you so elect, for the maximum amount of £50 per item. In this respect an item is defined as any one article, suite, pair, set, complete case, package, carton or other container. These limits may affect the quotation.
9.1 We are not liable on a ‘ new for old ‘ basis for any lost or damaged goods.
9.2 We shall not be liable to the extent that loss or damage is caused or contributed to by moving goods under your express instuctions against our advice and in a manner that is likely to cause damage.
9.3 You must notify us as soon as possible of any damage to premises and to goods for removal
9.4 We may offer at a charge of £1.00 per £1,000.00 of declared value extended liability ‘. Extended Liability must be agreed prior to the move and will cover as standard goods up to the value you request. An excess of £50 will apply to any claims within this warranty. With this cover a valuation must be given by yourself on the ‘ Acceptance ‘ form. We recommend this option as giving you the most comprehensive cover.
9.5 We shall not be liable for damage to flat pack units that we are asked to move in their completed state.
9.6 We shall not be liable for scuffs or other removal marks to soft furnishings and/or mattresses that are not protected or that we have not been requested to supply and fit such coverings and protection to.
9.7 In clauses 4, 9, 10, 11 and 12 we set out our liability to you for loss and damage to your goods and premises. Please read these clauses carefully.
9.8 In respect of payment being made in the unlikely event of a damaged item, then this payment is subject to the said item becoming the property of Smooth Moves Removals Ltd.
10.0 We are not liable for the following.
10.1 Loss or damage to cars or other motor vehicles unless carried in an enclosed vehicle or trailer specially constructed for the purpose.
10.2 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 vehicle or other conveyance.
10.3 Breakage, scratching, denting, chipping, staining and tearing of items packed by you including trunks, suitcases and the like unless reasonably attributed to physical damage to such items caused by collision or overturning of road vehicle or other conveyance. To reiterate and clarify self packed items are not covered.
10.4 This policy shall also exclude claims for missing items unless an inventory is supplied by you and approved by us prior to the move.
10.5 Loss or damage which occurs prior to collection or packing by us or after delivery or unpacking by us.
10.6 Loss or damage to jewellery, watches, trinkets, precious stones, precious metals, coins, money, deeds, bonds, securities and stamps or collections of a similar kind.
10.7 Loss or damage caused by wear and tear, general deterioration, warping or shrinkage, moth or vermin unless it can be reasonably demonstrated that such loss or damage arose as a result of our actions or failings.
10.8 Any consequential loss.
10.9 Loss or damage to refrigerated or frozen food and/or drink, plants, house plants, brittle objects, including plastic items with inherent defects howsoever caused and/or goods likely to encourage vermin and other pests to cause infection. Outdoor garden pots and containers are specifically excluded form any cover.
10.10 Prohibited or stolen goods, drugs, potentially dangerous, damaging or explosive items including gas bottles, aerosols, paints, firearms and/or ammunition.
10.11 Animals and their cages or tanks including pets, birds or fish.
10.12 Mysterious disappearance of customers goods in transit unless evidence ( inventory ) can be provided to prove beyond reasonable doubt that the loss is soley attributable to the dishonest actions of an employee.
10.13 None of our employees will incur any liability to you.
10.14 If the value of your goods in store or in transit is, 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.
10.15 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.
10.16 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.
Delays In Transit
11.0 Unless specifically agreed all arrival and departure times are estimates only.
11.1 If a specific timetable is agreed in writing between us and any delay within our reasonable control occurs we will pay for your reasonable expenses resulting from our failure to keep to the agreed writen 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.
Time Limit For Making a Claim
12.0 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 in writing to an extension of this time limit. If you fail to make a notification to us of such loss or damage within this time scale we will not be liable.
Witholding or Disposal of the Goods
13.0 We have the right to withold and/or ultimately dispose of some or all of the goods until you have paid our charges and any other monies due under this or any other agreement between us. This specifically applies to potential claims for loss or damage that are reported to us before the move is completed.
14.0 We reserve the right to sub –contract part or all of the work provided for under this agreement in which case these Terms and Conditions will continue to apply in full.
15.0 These Terms and Conditions are subject to the Law of England and Wales.
16.0 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.
17.1 We may terminate this contract on three months notice in writing or after three months following the quotation date. If you wish to terminate this agreement whilst your goods are in our 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.