Terms & Conditions
Introduction
These conditions explain the rights, obligations and responsibilities of all parties to this Agreement. Where we use the word ‘you’ or ‘your’ it means the Customer: ‘we’, ‘us’ or ‘our’ means the Remover. These terms and conditions can be varied or amended subject to prior written agreement. Your attention is drawn to Clauses 3, 4, 9 and 10 which set out our liability to you for loss of or damage to goods and property.
Our quotation
Our quotation, unless otherwise states, does not include customs duties and inspections or any other fees or taxes payable to Government Bodies. It does include us accepting liability for your goods, subject to Clauses 4, 9, 10 and 11.
We may change the price or make additional changes if circumstances are found to apply which may have not been taken into account when preparing our quotation, whether the quotation was given in person or over the phone. These include:
The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal hours (08.00-18.00hrs) at your request.
We have to collect or deliver goods at your request above the ground floor and first upper floor.
We supply any additional services, including moving or storing extra goods (these conditions apply to such work)
The stairs, lifts or doorways are inadequate for free movement of the goods without mechanical equipment or structural alteration, or the approach, road or drive is unsuitable for our vehicles and/or containers to load and/or unload within 20 metres of the doorway. Please inform us of any access defaults. For example trees/bushes preventing removal lorry access.
You have to pay fees or charges in order to carry out services on your behalf in regards to Yellow Lines, Parking Permits, Congestion Charge, LEZ & Tolls.
There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work. We agree to 8.00am - 5.00pm. A job that exceeds these hours will be subject to an extra £35 per hour, per member of staff.
Your removal is of a greater distance than agreed.
Keys for the new properties are not available by 1pm.
We agree in writing to increase our limit of liability set out in clause 9.1.
Price/quotation may change subject to misrepresentation factors including distance of carrying property, excess of household items, extra stairs, floors and landing.
We can cancel/delay house removals due to adverse weather conditions, poor lighting or dangerous obstructions in or around our area of work, in line with the Health and Safety Act for Workmen 1974.
In any such circumstances, adjusted charges will apply and become payable.
Work not included in the quotation
Unless agreed by us when we quote your removal, we will not:
Dismantle or assemble unit or system furniture (flat-pack), fitments or fittings.
Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment.
Take up or lay fitted floor coverings.
Move items from a loft, unless properly lit and floored and safe access is provided.
Move or store any items excluded under Clause 5.
Our staff are not authorised or qualified to carry out such work. We recommend that a properly qualified person is separately employed by you to carry out these services.
Your responsibility
It will be your sole responsibility to:
Obtain at your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.
Be present or represented during the collection and delivery of the removal.
To have us present when accessing goods we have placed in storage under Clause 9.3.15.
Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
Arrange protection for goods left in unoccupied or unattended premises, or where other people such as (but not limited to) tenants or workmen are, or will be present.
Prepare adequately and stabilise all appliances or electronic equipment prior to their removal.
Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
Provide us with a correct address for correspondence during the removal transit and/or storage of goods.
Check your properties after all goods have been removed and give verbal approval there has been no damage to the premises or property under Clause 8.
All items must be properly boxed up for the removal. Loose items will be left a side.
Other than by reason of our negligence or breach of contract, we will not be liable for any loss or damage, cost or additional charges that may arise from failure to discharge these responsibilities.
Our responsibility
It is our responsibility to deliver your goods to you undamaged. By “undamaged” we mean in the same condition as they were in at the time when they were packed or otherwise made ready for transportation and/or storage.
In the event that we are required to pack the goods, or otherwise make them ready for transportation and/or storage, it is our responsibility to deliver them to you, or produce them for your collection, undamaged. Again, by “undamaged” we mean in the same condition as they were in immediately prior to being packed/made ready for transportation or storage.
If we fail to discharge the responsibilities identified in Clauses 4.1 and 4.2, we will, subject to the provisions of Clause 9, be liable under this agreement to compensate you for such failure.
We will not be liable to compensate you where Clauses 3.2 and 5.2 apply unless loss or damage occurred as a result of negligence or breach of contract on our part.
The amount of our liability under this Clause shall be determined in accordance with Clause 9.
Goods not to be submitted for removal or storage
Unless previously agreed in writing by a director or other authorised company representative, the following items must not be submitted for removal or storage and will under no circumstances be moved or stored by us. The items listed under 5.1.1 below may present a risk to health and safety and fire. Items listed under 5.1.2 below carry other risks and you should make your own arrangements for their transport and storage.
Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.
Plants or goods likely to encourage vermin or other pest or to cause infestation or contamination.
Perishable items and/or those requiring a controlled environment.
Any animals, birds or fish.
If we do agree to remove such goods, we will not accept liability for loss of damage unless we are negligent or in breach of contract, in which case all these conditions will apply.
Ownership of the goods
By entering into this Agreement, you guarantee that:
The goods to be removed and/or stored are your own property, or
The person(s) who own or have an interest in them have given you authority to make this contract and have been made aware of these conditions.
Determination of amount of our liability for loss or damage
Standard liability
If you provide us with a declaration of the value of your goods and the amount of our liability to you in the event of loss or damage to those goods in breach of Clause 4 we will be determined in accordance with Clauses 9.2, 9.3 and 11 below, subject to a maximum liability of £50,000. We may agree to accept liability for a higher amount, in which case we may make an additional charge.
In the event of loss or damage to your goods in breach of Clause 4, our liability to you is to be assessed assum 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.
Where the lost or damaged item is part of a pair or set, our liability to you, where it is assessed as the cost of replacement of that item, is to be assessed as a sum equivalent to the cost of that item in isolation, not the cost of that item as part of a pair or set.
Limited liability
If you do not provide us with a declaration of value, or if you do not require us to accept Standard Liability pursuant to Clause 9.1, then our liability to you is to be determined in accordance with Clauses 9.2 and 11.
In the event of loss of or damage to your goods caused by negligence or breach of contract on our part, our liability to you is to be assessed as a sum equivalent to the cost of their repair or replacement, taking into account their age and condition immediately prior to their loss or damage, subject to a maximum liability of £40 per item.
An item defied as:-
The entire contents of a box, parcel, package, carton, or similar container; and
Any other object or thing that is moved, handled or stored by us.
Damage to premises or property other than goods
Due to there being third party contractors frequently present at the time of collection or delivery, our liability for our loss or damage is limited as follows:
If we cause loss or damage to premises or property other than goods for removal as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.
If we cause damage as a result of moving goods under your express instruction, against our advice and where to move the goods in the manner instructed is likely to cause damage, we shall not be liable.
If we are responsible for causing damage to your premises or to property other than goods submitted for removal and/or storage, you must note this on the worksheet or delivery receipt as soon as practically possible or within a reasonable time. This is fundamental to the Agreement.
Exclusions of liability
In respect of Limited Liability, we will not be liable for loss of or damage to your goods as a result of fire or explosion however that fire or explosion was caused, unless we have been negligent or in breach of contract.
In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the following goods:-
Bonds, Securities, Stamps of all kinds, Manuscripts or other documents or electronically held data records or mobile telephones.
Plants or goods likely to encourage vermin or other pests or to cause infection or contamination.
Perishable items and/or those requiring a controlled environment.
Furs exceeding £100 in value, jewellery, watches, precious stones and metals,, money, coins and deeds.
Any animals, birds or fish.
In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to or failure to produce the goods if caused by any of the following circumstances:-
By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control.
Loss or damage arising from ionising radiators or radioactive contamination.
Loss or damage arising from chemical, biological, bio-chemical, electromagnetic weapons or cyber attack.
Indirect or consequential loss of any kind.
By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliance.
By vermin, moth, insects and similar infestation, damp, mould, mildew or rust.
By cleaning, repairing or restoring unless we arranged for the work to be carried out.
By change to atmospheric or climate conditions.
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.
Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by us or our subcontractor. In the event of an accident involving an Owner packed container where damage would have occurred irrespective of the quality of the packing, then our liability is limited to £100 or its actual value, whichever is less.
For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
Loss or damage of motor vehicles caused by scratching, denting and marring unless you obtain from us a pre-collection condition report.
Loss or damage to a vehicle whist being driving or for the purposes of being driven under its own power other than for the purpose of loading onto or unloading from the carrying conveyance or container. Loss or damage sustained by accessories and removable items unless lost with the vehicle.
For any goods which have a pre-existing defect or are inherently defective.
Customers have accessed goods we have placed in storage, without our presence.
No employee of ours shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement.
Time limit for claims
For goods which we deliver, you must notify us in writing of any visible loss, damage or failure to produce any goods at the time of delivery.
Notwithstanding Clauses 9 and 10, we will not be liable for any loss or damage to the goods unless a claim is notified to us, or to our agent or the company carrying out the collection or delivery of the goods on our behalf, in writing as soon as such loss or damages is discovered (or within reasonable diligence ought to have been discovered) and in any event within three (3) days of delivery of the goods by us.
The time limit for notifying us of your claim may be extended upon receipt of your written request provided such request received within three (3) days of delivery. Consent to such a request will not be unreasonably withheld.
Delays in transit
Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit.
If through no fault of ours we are unable to deliver your goods, we will take them into store. The Agreement will then be fulfilled and any additional service(s) including storage and delivery will be at your own expense.
Our right to hold the goods (lien)
We shall have the right to withhold and/or ultimately dispose of some or all of the goods until you have paid all our charges and any other payments due under this or any other Agreement. These shall 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 apply.
Disputes
If there is a dispute arising from this agreement which cannot be resolved, subject to the agreement of both parties, either you or we may refer the dispute to an arbitrator appointed by the Chartered Institute of Arbitrators. The cost of any such arbitration will be at the discretion of the arbitrator. This does not prejudice your right to commence proceedings.
Applicable law
This contract is subject to the Law of the country in which the office of the company issuing this contract is situated.
Your forwarding address
If you send goods to be stored, you must provide an address for correspondence and notify us if it changes. All correspondence and notices will be considered to have been received by you seven (7) days after sending it to your last address recorded by us.
If you do not provide an address or respond to our correspondence or notices, we may publish such notices in a public newspaper in the area to or from which the goods were removed. Such notice will be considered to have been received by you seven (7) days after the publication date of the newspaper.
Note: If we are unable to contact you we will charge you any costs incurred in establishing your whereabouts.
Payments
We require a 30% deposit on the day of booking. If you cancel your booking within five (5) days of your moving date your deposit is non-refundable.
Payments can be made by BANK TRANSFER (see bank details below), or CASH.
Outstanding balance of removal has to be paid on the morning of the removal.
These are the legal terms and conditions for:
Browning's House Removals
5 Bull Orchard
Barming
Maidstone
Kent
ME16 9EU
Proprietor: Kristen Dean Browning
BACS Payments:
Browning's House Removals
60-60-08
46686509