Terms and 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 4, 9, 10, 11 and 12 which set out our liability to you for loss of or damage to goods and property.
1. Our Quotation
1.1 Our quotation, unless otherwise stated, 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 3.2, 5.2, 5.3 and the provisions of Clauses 4, 9, 10, 11 and 12.
1.2 Our quotation is not a confirmation that we have availability on the day you require. Accordingly, acceptance of our quotation does not guarantee an agreement with us until you have our written confirmation that we will move your goods on the requested date and the deposit has been paid.
1.3 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. These include:
1.3.1 You do not accept our quotation in writing within 28 days, or the work is not carried out or completed within three months.
1.3.2 Our costs change because of currency fluctuations or changes in taxation or freight charges beyond our control.
1.3.3 The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal hours (08.00-18.00hrs) at your request.
1.3.4 We have to collect or deliver goods at your request above the ground floor and first upper floor.
1.3.5 There is a delay in getting keys or other reasons that require us to wait. The first hour is free of charge, there is an hourly rate charge of £25 per hour per employee on the job. – Example; 2 employees would be charged at £50 per hour for waiting. Unless “late key waiver” is opted for in which case there would be no additional charges for waiting as per the late key waiver terms and conditions.
1.3.5.1 “Late Key Waiver” is an option to be paid by the customer 2 weeks before the job and is a fixed amount of £200. If “late key Waiver” is purchased then if there is a delay in getting keys or any other reason that Alba Removals has to wait there will be no extra charge for waiting. The late key waiver lasts until 8pm – after 8pm Alba Removals will close and cease services until the following day and the “late key waiver” will expire. If “late key waiver” is not opted for then in the event that there is a wait then clause 1.3.5 will apply charging £25 per employee per hour.
1.3.6 We supply any additional services, including moving or storing extra goods (these conditions apply to such work).
1.3.7 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 and/or containers to load and/or unload within 20 metres of the doorway. Access Should allow for 10m long vehicle.
1.3.8 We have to pay parking or other fees or charges in order to carry out services on your behalf.
1.3.9 There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work.
1.3.10 We agree in writing to increase our limit of liability set out in clause 9.2.1
1.3 In any such circumstances, adjusted charges will apply and become payable.
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 5.
2.1.6 Taking down or putting up of fixtures, gas, electric or other fittings
2.1.7 Dismantle or assemble garden furniture
2.1.8 Move any antique or high value items over £500 unless it has been declared to us in writing before the move and we have agreed in writing that we will move it.
2.1.9 Move any item(s) which we believe cannot be moved safely or there may be damage to the item or items in question or surrounding environment.
2.1.10 Clear access points from snow or ice etc.
3. Your responsibility
3.1 It will be your sole responsibility to:
3.1.1 Read and understand our terms and conditions before accepting our quote.
3.1.2 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 9.2 will be reduced to reflect the proportion that your declared value bears to their actual value.
3.1.3 Obtain at your own expense, all documents, permits, permissions, licences, 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 Ensure that all domestic and garden appliances, including but not limited to washing machines, dish washers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them.
3.1.11 Ensure that any items not packed by Alba Removals have been done so correctly with any required packing materials in place as we will not be liable for any damage to items not packed by us except when there is evidence of external impact.
3.1.12 It is the your responsibility to lock/unlock and retain keys to all items of furniture, the company does not accept liability for any lost keys.
3.1.13 Provide us with a contact address for correspondence during removal transit and/or storage of goods.
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.
3.2.1 If unsatisfied on our limit of liability to any eventual claim, the customer agrees to pay any insurance excess to our insurers if they wish to claim against any insurance we hold.
4. Our responsibility
4.1 It is our responsibility to deliver your goods to you, or produce them for your collection, 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.
4.2 In the event that we have undertaken 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.
4.3 If we fail to discharge the responsibilities identified in clause 4.1 and 4.2, we will, subject to the provisions of clauses 9, 11 and 12, be liable under this agreement to compensate you for such failure.
4.4 If you do not provide us with a declaration of value of your goods, or if you do not require us to accept standard liability pursuant to clause 9.2 we will not be liable to you for failure to discharge the responsibilities identified in clause 4.1 and 4.2, unless that failure was caused by negligence or breach of contract on our part.
4.5 The amount of our liability under this clause shall be determined in accordance with clauses 9 and 11.
5. Goods not to be submitted for removal or storage
5.1 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 5.1.1 below may present risks to health and safety and of fire. Items listed under 5.1.2 to 5.1.6 below carry other risks and you should make your own arrangements for their transport and storage.
5.1.1 Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
5.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.
5.1.3 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
5.1.4 Perishable items and/or those requiring a controlled environment.
5.1.5 Any animals, birds or fish.
5.1.6 Goods which require special licence or government permission for export or import.
5.2 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.
5.3 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.
6. Ownership of the goods
6.1 By entering into this Agreement, you guarantee that:
6.1.1 The goods to be removed and/or stored are your own property, or
6.1.2 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.
6.1.3 You will pay us for any claim for damages and/or costs brought against us if either warranty 6.1.1 or 6.1.2 is not true.
6.1.4 That the property is owned by the customer or the customer has all required permissions and approval and that there will be no problems for us entering the properties with or without vehicles.
6.1.5 You hereby indemnify Alba Removals of any loss or damage suffered or caused by the company in entering the property with or without vehicles.
7. Charges if you postpone or cancel the removal
7.1 If you postpone this Agreement, we will charge you according to how much notice is given. “Working days” refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays.
7.1.1 Change date of the move more than 10 working days before the removal was due to start: No charge.
7.1.2 Change date of the move Between 5 and 10 working days inclusive before the removal was due to start: not more than 30% of the removal charge.
7.1.3 Change date Less than 5 working days before the removal was due to start: not more than 40% of the removal charge.
7.1.4 Change date On the day the work starts or at any time after the work commences up to 100% of our removal charges.
7.2 If you cancel this Agreement, we will charge you according to how much notice is given. “Working days” refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays.
7.2.1 Cancel More than 10 working days before the removal was due to start: not more than 30% of the removal charge
7.2.2 Cancel Between 5 and 10 working days inclusive before the removal was due to start: not more than 40% of the removal charge.
7.2.3 Cancel Less than 5 working days before the removal was due to start: not more than 75% of the removal charge.
7.2.4 Cancel On the day the work starts or at any time after the work commences up to 100% of our removal charges.
8. Payment
8.1 Unless otherwise agreed by us in writing:
8.1.1 Payment is required by cleared funds in advance of the removal or storage period.
8.1.2 You may not withhold any part of the agreed price. Deposit must be paid within 48 hours of receipt of invoice. Full payment must be made 2 weeks prior to the job. If the job is booked earlier than 2 weeks time the full payment is required within 48 hours to confirm your booking.
8.1.3 For any job that is an hourly rate, there is £500 deposit to be paid within 48 hours of receipt of invoice. The full payment will be based on an estimated time. After the job is complete, the customer will pay any remaining balance if the time exceeds the estimation. There will be no refund if job takes less time as the vehicles and staff have been booked for that set time.
9. Determination of amount of our liability for loss or damage
9.1.1 If we are requested to dismantle, build or reassemble furniture, this work is undertaken at the customers own risk and the customer indemnifies us of any responsibility for furniture which is dismantled and doesn’t correctly reassemble, or is damaged due to dismantling or assembly.
9.1.2 If we agree at our own discretion to move or construct any system (flat-pack) furniture, the customer agrees that while all reasonable attempts will be made to correctly handle and assemble these items, the company will take no responsibility for damage of any kind to the item(s) while carrying out these services, including and up to the accidental destruction of the item(s).
9.1.3 The company will take no responsibility for goods that have been delivered into storage. Upon delivery into the agreed upon address the customer or customer’s representative should ensure the goods are left in a suitable and safe manner. All issues must be raised in writing before we have left the final address, otherwise it shall be seen that the goods were left in good and suitable condition and that we shall have no further liability for these goods.
9.1.4 The customer is liable for the excess. This excess applies to all claims unless agreed otherwise in writing.
9.1.5 Any claim must be raised on completion of the removal so that our staff would have a chance to record it.
9.2 Standard Liability.
9.2.1 If you provide us with a declaration of the value of your goods, and subject to clause 3.1.2, the amount of our liability to you in the event of loss or damage to those goods in breach of clause 4 will be determined in accordance with Clauses 9.2.2, 9.2.3 and 11 below, subject to a maximum liability of £25,000. We may agree to accept liability for a higher amount, in which case we may make an additional charge.
9.2.2 In the event of loss of or damage to your goods in breach of clause 4, our liability to you is to be assessed as a sum 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, and subject to the maximum liability of £25,000 referred to in clause 9.2.1 (unless we have agreed a higher amount with you).
9.2.3 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.
9.3 Limited Liability.
9.3.1 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 9.2.3, 9.3.2 and 11.
9.3.2 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. Your attention is drawn to clause 11.1 which applies to Limited Liability.
9.4 For goods destined to or received from a place outside the UK
9.4.1 We will only accept Standard Liability if you provide us with a detailed valuation of your goods on the valuation form which we provide. All other provisions of Clause 9.2 will apply.
9.4.2 We do not accept liability for loss of or damage to goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless we have been negligent or in breach of contract.
9.4.3 We do not accept liability for loss of or damage to goods occurring in certain
overseas countries, including Gambia, Iran, Iraq, Nigeria, Libya, Lebanon, Angola, Cambodia, Vietnam, N. Korea and Former States of the USSR, unless we have been negligent or in breach of contract. This list is not exhaustive, and we will advise you at the time of quotation if this exclusion applies.
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 9.2 or 9.3 above will apply.
9.5 An Item is defined as :-
9.5.1 The entire contents of a box, parcel, package, carton, or similar container; and
9.5.2 Any other object or thing that is moved, handled or stored by us.
9.6 We can object to deliver your items through in-accessible entrance as we would not be liable for damage to the obstructive structures or the item itself. Example of such items are large sofas, American type fridge freezers, wardrobes, etc.
9.7 It is the responsibility of the customer or the customers representative to see that no article required to be removed is left behind, that no goods or fixtures are taken away in error and that articles left in unoccupied premises are protected. The company accepts no liability in respect of any such matter and the customer shall indemnify the company against all claims in respect thereof.
10. Damage to premises or property other than goods
10.1 Because third party contractors are frequently present at the time of collection or delivery our liability for loss or damage is limited as follows:
10.1.2 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.
10.1.3 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.
10.1.4 If we are responsible for causing damage to your premises or to property other than goods submitted for removal and/or storage, you must let us know immediately. This is fundamental to the Agreement.
10.2 If We are negligent or in breach of contract or otherwise responsible for causing loss or damage to Your premises We will pay You a maximum of £75
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 of, damage to, or failure to produce the goods if caused by any of the following circumstances:-
11.1.1 Fire or explosion howsoever caused.
11.1.2 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones.
11.1.3 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.
11.1.4 Furs exceeding £80 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds.
11.1.5 Loss or damage arising from ionising radiations or radioactive contamination
11.1.6 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack
11.1.7 Any motor-powered vehicles including cars, motorcycles, boats, caravans, go-karts etc.
11.1.8 Indirect or consequential loss of any kind or description.
11.1.9 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.
11.1.10 By vermin, moth, insects and similar infestation, damp, mould, mildew or rust.
11.1.11 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
11.1.12 Perishable items and/or those requiring a controlled environment.
11.1.13 Any animals, birds or fish.
11.1.14 By cleaning, repairing or restoring unless we arranged for the work to be carried out.
11.1.15 By change to atmospheric or climatic conditions.
11.1.16 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.
11.1.17 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
11.1.18 For any goods which have a pre-existing defect or are inherently defective.
11.1.19 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.
11.2 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 or upon
completion of delivery (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 agent 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 9, 10 and 11 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) 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) days of delivery. Consent to such a request will not be unreasonably withheld.
13. Delays in transit
13.1 Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit.
13.2 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 expense.
13.3 We shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of our obligations under this agreement if such delay or failure results from events, circumstances or causes beyond our reasonable control including but not limited to adverse weather conditions. In such circumstances we shall be entitled to a reasonable extension of time for performing such obligations, provided that if the period of delay or non-performance continues for 4 weeks then you may terminate this agreement, without penalty by giving not less than 7 days written notice to us.
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 23). 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.
15. 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 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.
16.2 If we sub-contract, then these conditions will still apply.
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.
19. 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.