Man And Van Terms and Conditions
The following conditions here state the rights, obligations, and responsibilities of all parties involved in this Agreement. In places where the words 'you' or 'your' appear, they refer to the Customer: 'we', 'us' or 'our' signifies the ÂRemover. The present terms and conditions can be changed and/or amended subject to prior written notice. Your attention is drawn to our cancellation policy described in Clause 6, Clauses 8, 9, 10, and 11 which restrict our liability and you should therefore consider taking out specialist insurance to cover your goods or property.
1. Introduction
1.1 Please check that the details in these Terms and on the Order Confirmation are complete and accurate before you commit yourself to the contract.
If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing.
2. Our Quote:
2.1 Our quote, unless stated otherwise, excludes insurance, customs duties and inspections, fees for parking or any other charges or taxes owed to government bodies.
2.2 Please note, our minimum charge of 2 hours based on the number of men applies.
2.3 We aim to arrive on time; however, our project arrival times for jobs are only estimates; we regret that we can offer no discounts should our team be late at arriving at your property.
2.4 The price may be subject to change or additional charges may be added on, if unforeseen circumstances are found which apply to you, but have not been taken into account previously when preparing the quote. These circumstances may include:
2.4.1. Service taking place on a Saturday, Sunday or on a Public Holiday or out of normal working hours (08.00-18.00hrs).
2.4.2. We must collect or deliver goods at your request on a floor above ground floor and first upper floor level.
2.4.3. Should we supply any additional services other than those initially required, including removal services or the storing of extra goods (these conditions apply to such work), as well as packing and unpacking.
2.4.4. The stairs, lifts or doorways are inadequate for easy movement of the items without the need of mechanical equipment or structural alteration, or if the access, road or driveway is unsuitable for our removal vehicles and/or containers to load and/or unload within a circumference of 20 metres from the doorway of the property.
2.4.5. We are forced to pay parking or other types of fees/charges so as to be able to carry out our services on your behalf.
2.4.6. There are noticeable delays or events outside of our reasonable control which increase or extend the amount of resources or time permitted to undertake the work agreed.
2.5 Work not included in the quotation:
2.5.1. Unless agreed by us in writing, we will not:
2.5.2. Dismantle or assemble unit or system furniture (flat pack), fitments or fittings.
2.5.3. Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment.
2.5.4. Take up or lay fitted floor coverings.
2.5.5. We recommend that a properly qualified person is separately employed by you to carry out these services.
2.6 Debit or credit card details are to be collected at the time of booking, in order to secure a slot for the service to be provided.
3. Your responsibility:
3.1 It is your sole responsibility to: send a detailed list of all items to us at least 5 days before the scheduled removal date, unless a surveillance survey of the property, conducted by one of our operatives has taken place or is due to take place.
3.1.1 If you fail to submit a list of items to be handled during the removal, we reserve the right to cancel/increase the service and service cost previously quoted.
3.2 You must declare to us, in writing, the (financial) value of the items to be moved and/or stored. If it has been subsequently established that the value of the goods to be moved or stored is greater than the actual value that you declare to us, you agree that our liability Clauses under Clauses: 8.1 and 8.2 will be lowered in relation to the proportion that your declared value is in accordance to their actual financial value.
3.3 Arrange sufficient insurance cover for the items submitted for removals transit and/or storage, against all insurable risks, as our liability is restricted under Clauses: 8.1 and 8.2.
3.4 You should obtain at your own expense, all of the necessary documents, permits, permissions, licences, customs documents which are necessary for the removal.
3.5 You are to be present or represented at the time of the collection and delivery of the removal items.
3.6 Take all of the reasonable steps to ensure that nothing is left behind and/or nothing is loaded for removal by mistake, when it should or should not be moved.
3.7 Arrange the proper protection for the goods left in an unoccupied or unattended property, or where other people, such as (but not limited to) tenants or workmen are, or will be present.
3.8 Sufficiently prepare and stabilise all appliances or electronic equipment before the removal takes place.
3.9 Provide our company with a contact address for easy correspondence throughout the time when the removal of goods takes place.
3.10 We will not be liable for any loss or damage(s), charges or additional fees that may arise as a result of failure to correspond with these responsibilities.
4. Items not listed for removal
4.1 If not previously agreed in writing by a director or other authorised representative of the company, the following items must not be submitted for removal and under no circumstances will be moved or stored by our firm. The items listed under the Clauses (4.1.1.) below could possibly present risks in terms of health and safety and of fire hazards. Items stated under Clauses: (4.1.2) to (4.1.6) below bear other risks and you should make your own separate arrangements for their transport and storage.
4.1.1 Illegal or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
4.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.
4.1.3 Live items or goods, such as plants and food which are likely to attract vermin or other pests or could cause infestation and/or contamination.
4.1.4 Perishable items and/or those requiring a more controlled environment and temperature control.
4.1.5 Animals of any sort, as well as birds or fish.
4.1.6 Items that need special licence(s) or government permission in order to be able to export or import.
4.2 If our company does not agree to remove such items then we will not accept liability for any loss or damage(s). Should you submit such belongings without our prior knowledge, our company will make them available for you to collect and if you do not collect them within a reasonable period of time, our company will apply for an appropriate court order so as to dispose of any items found in such situation without any notice. You will furthermore be forced to pay us any fees, expenses, damages, legal costs or penalties incurred by us.
5. Ownership of the goods
5.1 Upon entering into this Agreement, you ensure that:
5.1.1 The items to be moved and/or stored are from your own property, or
5.1.2 The person(s) who own or show an interest in them have given you permission to make this contract and have been made aware of these conditions.
5.1.3 You will be forced to pay us for the claim for damages and/or charges brought up against us if either warranty (5.1.1) or (5.1.2) is false.
6. Re-schedule/Cancellation of Service
6.1 In case you decide to re-schedule/cancel the service you will be charged according to the amount of notice given. Business days refer to a normal five day work week, meaning Monday to Friday and do not include weekends and Public Holidays.
6.2 In case you decide to cancel the appointment less than 24 hours prior to the scheduled appointment, a fee of £50 will apply without further notice
6.3 We reserve the right to charge £25 in case the appointment needs to be rescheduled in a short notice (less than 24 hours prior to the job).
7. Pricing and Payment
7.1 Our prices are based on pictures and information provided by you. We reserve the right to amend the Quote/Order Confirmation should we feel it is necessary.
7.2 Prices are based on a 2 hour minimum charge.
7.2.1 Should the Removals Service exceed the time estimated you will be charged accordingly on 30 minute increments, in accordance to our hourly rates.
7.2.2 You will be charged starting from the time of the team's arrival at the pickup address.
7.3 An additional surcharge of £10 will apply for all appointments/jobs taking place after working hours, or after 6:00 PM. This is a one time, static charge, not per hour.
7.4 An additional congestion charge of £11.5, may apply in cases where the team/s have to travel through a congestion zone
7.5 An additional 20% surcharge will be added to appointment/jobs taking place on holidays.
7.6 If either the pick up or the delivery address is located more than 5 miles outside of the M25, an additional surcharge of £50-£75 will be added.
7.7 Any payments connected with the services provided are organised by the methods listed below and are as follows:
7.7.1 Cash payment
7.7.2 Bank transfer payment
7.7.3 Card payment
7.8 An invoice will be issued within a period of seven days after the payment has been received. Please note all payments are to be made according to the details listed on the invoice.
7.9 Cash payments
7.9.1 Payments in cash are accepted after the completion of the work, and will be collected by the team on site.
7.9.2. Payments in cash may be put in to an envelope or other sort of container and left at a specified location inside of the property, or may be left with a contact person present at the site where the work is being undertaken. The company staff/subcontractors must be informed of all of the necessary details regarding this.
7.9.3 Payments in cash may be left at a specified location, other than at the site where the work is being undertaken, in situations where the keys for the property are to be picked up/delivered back to a different address.
7.9.4. In the case that our teams have to travel a distance further than 3 miles to pick up or drop off the keys of the property, an additional charge will be added based on the distance to be travelled for key pick up/drop off.
7.9.5 In situations where the payment in cash is not received according to the previously mentioned conditions: (Clause: 7.6 of our Payment terms and conditions). Should the cash payment not be received in accordance to the aforementioned conditions in (Clause 7.10 we reserve the right to process a payment from the card details, provided by the client during the time of organising the service
7.11 Bank transfer payments
7.11.1 All necessary bank account data required in order to implement the payment is provided by the company's staff via an email, which contains an invoice. Invoice includes sub contractors details. If these terms of payment are not met, our company maintains the right to cancel the service being carried out.
7.11.2 Bank transfer payments from individual and corporate clients are only acceptable if made upfront. 50% of the payment must be made prior to the beginning of the service, and the rest of the payment is expected and must be made a no later than three days after the completion of the service.
7.11.3 Services valuing £300.00 or more, are to be secured with a deposit of 50% of the total service value, to be paid at least 2 days before the service commences. Second half of the payment is due upon completion of the job.
7.11.4 In cases where payment were not made in advance or upon completion of the job, the full payment must be received no later than 3 business days after the invoice issuance date. Should these terms not be met, payments are considered overdue. We reserve the right to charge interest for overdue payments.
7.11.5 Should a bank transfer payment not be received in accordance to the aforementioned conditions, we reserve the right to process a payment from the card details provided by the client during the process of organising the service(s).
7.11.6 All of the bank information needed for the payment is provided by the company staff via email, including the invoice. Should these terms not be met, our company maintains the right to cancel the service(s).
7.12 Card payments
7.12.1. Card details linked with services provided for private customers, corporate customers, agencies and other types of business registered entities are provided upon the act of organising a booking for the services. These details serve as a security measure in relation to last minute cancellations in accordance with our Terms and Conditions, as well as for sorting payments if such payment method is agreed during the process of arranging the booking.
7.12.2 The card details given by the client are used for processing the cost of the relevant service, inclusive of a transaction charge. A transaction fee of 2% may be applied when paying by credit card. This is in addition to the quoted amount for the service(s) provided.
7.12.3 In cases where card payment fails, customer is promptly informed by the company. If no action is taken by the client so as to address the issue, an invoice is sent to the client via email. The payment is expected to be received within 5 business days.
8. Liability
8.1 We cannot be held liable for late arrivals and job prolonging due to traffic conditions and unforeseen circumstances beyond our control.
8.2 Our liability for loss or damage is restricted, as clarified in the point below:
8.2.1 Should the negligence or breach of contract result in loss of or damage to your items, the team carrying out the job will be liable for the repayment of the sum equivalent to the cost of their repair or replacement, whichever option is the smaller cost and that does not exceed a maximum of £80 of any one item (see below).
8.2.2 For goods received or to be delivered from a destination outside the United Kingdom
8.2.3 Where we engage an international transport operator, shipping company or ferry/airline to relocate your goods to the place, port or airport of destination, we will do so on your behalf and subject to the terms and conditions set out by that carrier.
8.2.4 If the transporting vessel/conveyance, if for reasons beyond the carrier's control, fail to deliver the goods, or transport them to a destination other than the original stated destination, you have limited recourse against the carrier and may be liable for General Average contribution(s) (e.g. the costs incurred to preserve the vessel/conveyance and cargo) and salvage charges, or the additional fee of an onward transmission to the destination, port or airport of destination. These are insurable risks and it is therefore your responsibility to organise adequate marine/transit insurance cover.
8.2.5 We do not accept liability for any items confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless we have been negligent or have breached the contract.
8.3 Liability is limited to the subcontractors carrying out the work. Therefore the subcontractors providing the service will be liable for loss or damage.
8.4 For the purpose of this Agreement an item is defined as:
8.4.1 The whole contents of any one box, parcel, package, carton, or similar container; and
8.4.2 Any other object or thing that is relocated, handled or stored by us.
9. Damage to premises or property other than items
9.1 Due to 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 any loss or damages to the premises or to the property, other than to the goods intended for removal, as a result of our own negligence or breaching of contract, liability shall be restricted to repairing only the damaged area.
9.1.2 If we cause damage as a result of moving goods under your express instruction, against our advice and where to relocate the items in the manner instructed is likely to cause damage, we shall not be liable.
9.1.3 Should the team providing the service be responsible for causing damage to your premises or to property other than items intended for removal and/or storage, you must make a claim upon completion of the service or within 24 hours after it. Claims must be made with the team upon completion of the job, and with the office in written form, no later than 24 hours after the service has been provided. Claims made later than the previously mentioned period will be disclaimed / dismissed.
10. Exclusions of liability
10.1 Other than due to our negligence or breach of contract, we will not be liable for any loss, damages or failure to produce the items if the issue is caused as a result of any of the following situations:
10.1.1 For any goods which have a pre-existing default or are inherently defective.
10.1.2 For electrical or mechanical damage to any appliance, instrument, clock, computer or other equipment unless there is sufficient evidence of some sort of related external damage.
10.1.3 As a result of 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.
10.1.4 For any belongings in wardrobes, drawers or appliances or in a package, bundle, carton, case or other container of which were not packed and/or unpacked by us.
10.1.5 Due to moth or vermin or similar infestation.
10.1.6 For perishable items and/or those requiring a controlled environment.
10.1.7 By fire no matter how it is caused.
10.1.8 In the case of force majeure events, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, third party industrial action or other such events outside our reasonable control.
10.1.9 For items referred to in Clause 4.
10.1.10 For damages or charges resulting indirectly from, or as a consequence of, loss, damage, or failure to produce the items including, but not limited to, loss of use or amenity.
10.2 Please note liability is limited to the teams providing the service which in most cases may be subcontractors, registered entities.
10.3 Liability will cease upon handing over items, we will not be liable for any items breaking or becoming loose after the service.
11. Time limit for claims
11.1 For items 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. The written claim must be supported by pictures, and sent to our customer service department.
11.2 If you or your agent collects the goods, you must ensure that you have notified us in writing of any loss or damages noted at the time when the goods were handed over to you or to your agent/representative or no later than 24 hours after the completion of the service.
11.3 Notwithstanding Clauses 8, 9 and 10, our company cannot be held liable for any loss of or damages to the items unless a claim is submitted to us, or to our agent or the company conducting the collection or delivery of the goods by us, 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 a period of 24 hours of completion of the service.
12. Delays in removals transit
12.1 If due to and as a result of something that is no fault of our own, we are unable to deliver your goods, we will take them into storage for you to maintain their safety and security. The Agreement will be then fulfilled and any service(s) in addition, including storage and delivery services, will be at your own expense.
12.1.1. An overnight storage fee of £150 will apply.
13. Our right to sub-contract services
13.1 We reserve the right to sub-contract some or all of the work to be carried out.
13.2 Should we sub-contract any or some of the work, these conditions will still apply.
14. Route and method
14.1 We have the authority to decide the method and route in which we take when carrying out the project assigned to us.
14.2 If not otherwise agreed in writing and stated so in our Quote, other space/volume/capacity on our vehicles and/or the container may be used for consignments of our other clients.
15. Our Right to Hold the Goods (lien)
15.1 We reserve the right to hold and/or ultimately dispose of some or all of the items until the time when you have paid all the charges presented to you and any other payments due under this or any other Agreement. These include any charges that we have paid out on your behalf. While we hold the goods you will be liable to pay all storage charges and other costs incurred by our withholding your goods and these terms and conditions shall continue to be valid.
16. Our right to Sell or dispose of the Goods
16.1 If the payment of our fees which relate to your belongings is in arrears and on giving you three months' notice, we are allowed to ask you to remove your items from our custody and pay all money owed to us. Should you fail to pay any or all of the outstanding payments due to us, we are within our rights to sell or dispose of some or all of the items in our presence without giving you any further notice. The total fee of the sale or disposal will be charged to you. The overall proceeds will be paid to your account and any surplus later on shall be credited to you without interest. If the total amount owed to us is not received, we might choose to seek to recover the balance from you.