TERMS AND CONDITION
These conditions explain the rights, obligations, and responsibilities of all parties to this Agreement. Removalsure is the trading name of 2S Services Ltd. Where we use the word ‘You’ or ‘Your’ it means the Customer: ‘We’, ‘Us’ or ‘Our’ means Removalsure T/A 2S Services Ltd. These terms and conditions can be varied or amended subject to prior written agreement. Your attention is drawn to Clauses 8, 9, 10, and 11 which limit our liability and you should therefore consider specialist insurance to cover your goods or premises
1 Our Quotation
1.1 Our quotation, unless otherwise stated, does not include insurance, customs duties and inspections or any other fees or taxes payable to government bodies.
1.2 We may change the price or make additional charges if circumstances are found to apply which have not been taken into account when preparing our quotation and confirmed by us in writing including but not limited to:
1.2.1 You do not accept our quotation in writing within 28 days, or the work is not carried out or completed within three months of the date of booking.
1.2.2 Our costs change because of currency fluctuations or changes in taxation or freight charges beyond our control.
1.2.3 The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal working hours (08.00-17.00hrs) at your request.
1.2.4 We have to collect or deliver goods at your request above the ground floor and first upper floor.
1.2.5 If you collect some or all of the goods from our warehouse, we are entitled to add a charge for handing them over.
1.2.6 We supply any additional services, including moving or storing extra goods (these conditions apply to such work).
1.2.7 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 to load and/or unload within 20 metres of the doorway.
1.2.8 We have to pay parking or other fees or charges in order to carry out services on your behalf.
1.2.9 There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work.
1.2.10 We agree in writing to increase our limit of liability set out in Clause 8.1.
1.3 In any such circumstances, adjusted charges may apply and become payable.
1.4 All prices are based on hourly rates unless previously agreed in writing. All services have a minimum charge of two hours (see section 1.5.4) with any additional time charged in 30 minute increments. Prices are estimated to the best of our ability and based on information provided. If a job is to overrun the hourly rates apply, likewise, if the job was to take less time you will only be charged accordingly subject to minimum booking period.
1.4.1 Our charges commence when our team first arrives at your first collection address and finish when our team has unloaded your items at the final delivery address. For fixed quotations unless otherwise confirmed by us in writing we require access to destination address upon arrival. If such is not available we reserve the right to charge additionally for any waiting time that may occur.
1.4.2 An extra charge of £11.50 will be incurred if travelling through the Congestion charge zone.
1.4.3 Jobs requiring our vehicles to travel outside the M25 may attract an additional charge to cover driving time to or from London. This charge will be added to the total cost of the job and you will be made fully aware of this if applicable.
1.4.4 Unless otherwise agreed in writing, all our services have a minimum booking period of 2 hours except those services which we agree to allocate three men. Three men jobs have a minimum booking period of 3 hours. Services including three men team and a lorry have a minimum booking period of 5h, packing service when done on a separate day has a minimum booking period of 2 hours.
1.4.5 Fixed Price quotations have included 1.5 hours for loading the goods and 1.5 hours for unloading them. Any additional time taken to load/unload the vehicle will be charged accordingly to our hourly rates.
1.4.6 Please note that to secure your booking with Removalsure T/A 2S Services Ltd ; we will require your debit / credit card details, including the registered address of the card.
2 Work not included in the quotation
2.1 Unless agreed by us in writing, we will not:
2.1.1 Dismantle or assemble unit or system furniture (flat-pack), fitments or fittings.
2.1.2 Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment.
2.1.3 Take up or lay fitted floor coverings.
2.1.4 Move items from a loft, unless properly lit and floored and safe access is provided.
2.1.5 Move or store any items excluded under Clause 4.
2.1.6 Move items through windows regardless of which floor the property is on.
2.1.7 Remove doors or windows.
2.2 Our staff are not authorized or qualified to carry out such work. We recommend that a properly qualified person is separately employed by you to carry out these services.
3 Your responsibility
3.1 It will be your sole responsibility to:
3.1.1 Declare to us, in writing, the value of the goods being removed and/or stored. If it is subsequently established that the value of the goods removed or stored is greater than the actual value you declare, you agree that our liability under clause 8.1 and 8.2 will be reduced to reflect the proportion that your declared value bears to their actual value.
3.1.2 Arrange adequate insurance cover for the goods submitted for removal transit and/or storage, against all insurable risks as our liability is limited under clauses 8.1 and 8.2.
3.1.3 Obtain at your own expense, all documents, permits, permissions, licenses, customs documents necessary for the removal to be completed.
3.1.4 Be present or represented during the collection and delivery of the removal.
3.1.5 Ensure authorized signature on agreed inventories, receipts, waybills, job sheets or other relevant documents by way of confirmation of collection or delivery of goods.
3.1.6 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
3.1.7 Arrange proper 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.
3.1.8 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
3.1.9 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
3.1.10 Provide us with a contact address for correspondence during removal transit and/or storage of goods.
3.1.11 It is the customers responsibility to provide full disclosure in order for Removalsure T/A 2S Services Ltd to provide accurate quotations. We require full address details of all collection / destination addresses; size of your property including storeys / number of bedrooms; lofts, sheds and / or garage each property has that you wish us to move items from; if a your property is a flat, which floor it is on and if property is serviced by a working lift; will lift be able to convey all your items, if there is no lift or it is not working, what condition the stairs are for access; approx. distance (in meters) that we can legally park (or park at customers own risk) from your properties entrance; a list of inventory including number and size of boxes; how many items can be / or need to be dismantled and therefore reassembled at the destination address (s). If going into storage, please advise the size of room booked in square feet.
3.1.12 Parking outside all collection and delivery addresses remains the responsibility of the customer and must be arranged by the customer. If no other arrangements are made and our vehicle is to receive any infringements whilst carrying out your job, the customer is liable to pay for this. Customer will be notified and payments to be received in full on completion of the job.
3.1.13 Please note that Removalsure T/A 2S Services Ltd as the registered keeper / owner of the vehicle has to pay any and all parking fines. Where possible upon actual receipt of PCN, we will always pay within 14 days thus entitling us to the allowed 50% payment discount. It is this amount which is added to your bill.
Please note, we will require parking to be arranged even on the days of “packing only” as our teams will need to transport and deliver materials.
3.1.14 It is responsibility of the client to reconfirm all the details for the appointment with the office on the day before the actual service is booked to happen.
3.2 Other than by reason of our negligence or breach of contract, we will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.
4. Goods not to be submitted for removal or storage
4.1 Unless previously agreed in writing by a director or other authorized 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 (4.1.1) below may present risks to health and safety and of fire. Items listed under (4.1.2) to (4.1.6) below carry other risks and you should make your own arrangements for their transport and storage.
4.1.1 Prohibited 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, important documents or goods or collections of any similar kind.
4.1.3 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
4.1.4 Perishable items and/or those requiring a controlled environment.
4.1.5 Any animals, birds or fish.
4.1.6 Goods which require special license or government permission to carry.
4.1.7 Items too big to pass through doors and staircases or too heavy to be lifted by 2 men.
4.2 If we do agree to remove such goods, we will not accept liability for loss or damage unless we are negligent or in breach of contract, in which case all these conditions will apply. If you submit such goods without our knowledge we will make them available for your collection and if you do not collect them within a reasonable time we will apply for an appropriate court order to dispose of any such goods found in the consignment without notice. You will furthermore pay to us any charges, expenses, damages, legal costs or penalties incurred by us.
5. Ownership of the goods
5.1 By entering into this Agreement, you guarantee that:
5.1.1 The goods to be removed and/or stored are your own property, or
5.1.2 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.
5.1.3 You will pay us for any claim for damages and/or costs brought against us if either warranty (5.1.1) or (5.1.2) is not true.
6. Charges if you postpone or cancel the removal
6.1 If you postpone or cancel this Agreement, we will charge you according to how much notice is given.
6.1.1 More than 24 hours before the removal was due to start: No charge.
6.1.2 Less than 24 hours before the removal was due to start: The booking deposit of £100 will be charged.
7. Our right to stop/deny the service:
7.1 We reserve the right to stop the service at any point
7.1.1 If safe access to all collection or delivery address is not provided for our teams.
7.1.2 When it is found that the service could not be performed as requested by the client: including but not limited to: removal vehicle has to be parked over 50m from the property; part or all of the furniture cannot fit into the lift (where applicable); part or all of the furniture needs to be taken through a window / balcony above raised ground floor; the removal team or office staff is being treated inappropriately and or disrespectfully.
7.1.3. If we have reasonable believe that full payment for service provided will not be settled as per section 8 of this T&C.
7.1.4 In case of injury or accident during the removal process.
In any case we reserve the right to collect payment for the service and materials provided including time required to unload our vehicle(where applicable) subject to our minimum charges described in section 3.
8.1 Unless otherwise agreed by us in writing:
8.1.1 You may not withhold any part of the agreed price.
8.1.2 In respect of all sums which are overdue to us, we will charge interest on a daily basis calculated at 4% per annum above the prevailing base rate for the time being of the Bank of England.
8.1.3 Unless otherwise agreed in writing prior to the removal date, we accept payments by card or in cash.
8.1.4. For removals within London area we require 50% of the confirmation amount to be collected upon arrival of the team at the first collection address and the balance prior to completion of the service according to the time required to complete the service.
8.1.5 For those customers who are unable to be present at the final destination address, to make payment by cash and/or card, we will process the payment due to us in full, by using the card details collected to secure the booking. No disputes will be entered into and payment due will be taken in full.
8.1.6 Customers making payments by Debit/Credit card either must be the card holder or have the authorization of the cardholders. Any revoked card payments will be immediately transferred to our 3rd party collection agency for re collection with stipulated penalty charges incurred.
8.1.7 For international moves – (outside of mainland United Kingdom), we collect payment by card. We require at least 50% of the payment 48 hours prior to loading at the collection address with the balance required prior to unloading at the destination address. If paying by BACS, written notification must be agreed prior to your move date. All payments by BACS must be cleared funds and in our account 48 hours prior to your job commencing.
8.1.8 For fixed price moves Removalsure T/A 2S Services Ltd prefers to collect payment by card. We require at least 50% payment prior to sending out the team to the pick up address of the client. If paying by BACS, written notification must be agreed prior to your move date. All payments by BACS must be cleared funds and in our account 48 hours prior to your job commencing.
9. Our liability for loss or damage
9.1 Our liability for loss or damage is limited, as set out in clause 9.1.1 below. Alternatively, you may request us to increase our liability, as set out in clause 9.1.2 below by notifying us in writing no later than 3pm 2 working days prior to commencement of work:
9.1.1 In the event of our negligence or breach of contract resulting in loss of or damage to your goods, the first 150GBP of any claim is considered an excess fee and for any claim exceeding this amount we will pay a sum equivalent to the cost of their replacement or repair to a reasonable standard whichever is the smaller sum up to a maximum of 40GBP for any one item (see below), or
9.1.2 Prior to the commencement of work and subject to our having received your itemized valued inventory (see 3(3.1.1)) we may agree to increase our liability, for an additional charge up to a maximum liability of 50 000GBP. We will not unreasonably withhold consent to such a request. This is not insurance cover and you are strongly advised to arranging insurance cover yourself and to show this contract to your insurance company.
9.2.1 We will accept liability for loss or damage
(a) arising from our negligence or breach of contract whilst the goods are in our physical possession, or
(b) whilst the goods are in the possession of others if the loss or damage is established to have been caused by our failure to pack the goods to a reasonable standard where we have been contracted to pack the goods that are subject to the claim.
In either circumstance clause 9.1.1 and 9.1.2 above will apply.
9.2.2 Where we engage an international 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 subject to the terms and conditions set out by that carrier.
9.2.3 If the carrying vessel/conveyance, should for reasons beyond the carrier‟s control, fail to deliver the goods, or route them to a place other than the original destination, you have limited recourse against the carrier, and may be liable for General Average contribution (e.g. the costs incurred to preserve the vessel/conveyance and cargo) and salvage charges, or the additional cost of onward transmission to the place, port or airport of destination. These are insurable risks and it is your responsibility to arrange adequate marine/transit insurance cover.
9.2.4 We do not accept liability for goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless we have been negligent or in breach of contract.
9.2.5 We do not accept liability for loss or damage to items we have not been able to physically take into the required property/premises, where this is due to size or weight of set items.
9.3 For the purposes of this Agreement an item is defined as:
9.3.1 The entire contents of a box, parcel, package, carton, or similar container; and
9.3.2 Any other object or thing that is moved, handled or stored by us.
9.4 No claim will be accepted or proceeded before full payment for the services and materials provided is settled.
10. Damage to premises or property other than goods
10.1 If we cause damage as a result of moving goods under your express instruction, against our advice, or where to move the goods is likely to cause damage, we shall not be liable.
11. Exclusions of liability
11.1 Other than as a result of our negligence or breach of contract we will not be liable for any loss, damage or failure to produce the goods if caused by any of the following circumstances
11.1.1 By fire howsoever caused
11.1.2 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, third party industrial action or other such events outside our reasonable control.
11.1.3 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 appliances.
11.1.4 By moth or vermin or similar infestation.
11.1.5 By cleaning, repairing or restoring unless we arranged for the work to be carried out.
11.1.6 By change to atmospheric or climatic conditions.
11.1.7 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.
11.1.8 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
11.1.9 For any goods which have a pre-existing defect or are inherently defective.
11.1.10 For animals and their cages or tanks including pets, birds or fish.
11.1.11 For plants
11.1.12 For perishable items and/or those requiring a controlled environment.
10.1.13 For items referred to in Clause 4.
10.1.14 For damages or costs resulting indirectly from, or as a consequence of, loss, damage, or failure to produce the goods including but not limited to loss of use or amenity.
11.2 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.
11.3 Our liability will cease upon handing over goods from our warehouse (see Clause 12.2 below).
12 Time limit for claims
12.1 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.
12.2 If you or your agents collect the goods, you must notify us in writing of any loss or damage at the time the goods are handed to you or your agent.
12.3 Notwithstanding clauses 8, 9 and 10 we will not be liable for any loss of 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 damage is discovered (or with reasonable diligence ought to have been discovered) and in any event within seven (7) calendar days of delivery of the goods by us.
12.4 The time limit for notifying us of your claim may be extended upon receipt of your written request provided such request is received within seven (7) calendar days of delivery.
Consent to such a request will not be unreasonably withheld.
13 Delays in transit
13.1 Job arrival times are estimated. Although we always do our best to be on time, circumstances out of our control may cause delays. We will not accept responsibility for any customer losses due to unforeseen or unavoidable delays.
13.2 If through no fault of ours we are unable to deliver your goods, we will take them into storage. The Agreement will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense.
13.3 Removalsure T/A 2S Services Ltd reserves the right to refuse, cease or stop the packing or moving process at any time if our staff are abused or threatened in any way.
14 Our Right to Hold the Goods (lien)
We shall have a 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. (See also Clause 22). 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 apply.
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 court proceedings.
16 Our right to sub-contract the work
16.1 We reserve the right to sub-contract some or all of the work without notice.
17 Route and method
17.1 We have the right to choose the method and route by which to carry out the work.
17.2 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 utilized for consignments of other customers.
18 Advice and information for International Removals
We will use our reasonable endeavours to provide you with up to date information to assist you with the import/export of your goods. 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. It is your responsibility to seek appropriate advice to verify the accuracy of any information provided.
18.1 Applicable law
This contract is subject to the law of the country in which the office of the company issuing this contract is situated.
20 Your forwarding address
20.1 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 days after sending it to your last address recorded by us.
20.2 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 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.
21 List of goods (inventory) or receipt
Where we produce a list of your goods (inventory) or a receipt and send it to you, it will be accepted as accurate unless you write to us within 10 days of the date of our sending, or a reasonable period agreed between us, notifying us of any errors or omissions.
22 Revision of storage charges
We review our storage charges periodically. You will be given 3 months notice in writing of any increases.
23 Our right to Sell or dispose of the Goods
If payment of our charges relating to your goods is in arrears, and on giving you three months notice, we are entitled to require you to remove your goods from our custody and pay all money due to us. If you fail to pay all outstanding amounts due to us, we may sell or dispose of some or all of the goods without further notice. The cost of the sale or disposal will be charged to you. The net proceeds will be credited to your account and 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.
If payments are up to date, we will not end this contract except by giving you three months notice in writing. If you wish to terminate your storage contract, you must give us at least 10 working days notice (working days are defined in Clause 6 above). 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.