8.3.1 We will only 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.
8.3.2 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.
8.3.3 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 may have limited recourse against the carrier depending upon the
carriers particular terms and conditions of carriage, and You 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.
8.3.4 We do not accept liability for goods confiscated, seized, removed or damaged
by Customs Authorities or other Government Agencies unless such confiscation, seizure,
removal or damage arose directly as a result of Our negligence or breach of contract.
8.4 For the purposes of this Agreement an item is defined as:
8.4.1 The entire contents of a box, parcel, package, carton, or similar container;
and
8.4.2 Any other object or thing that is moved, handled or stored by us.
9.1 Because third party contractors or others are frequently present at the time
of collection or delivery it is not always possible to establish who was responsible
for loss or damage. therefore Our liability is limited as follows:
9.1.1 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.
9.1.2 If We cause damage as a result of moving goods under Your express instruction,
against our advice, and where moving the goods in the manner instructed is likely
to cause damage, We shall not be liable.
9.1.3 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 after the damage occurs or is
discovered or in any event within a reasonable time. This is fundamental to the
Agreement.
10. Exclusions of liability
10.1 We shall not be liable for loss or damage caused by fire or explosion. It is
Your responsibility to insure Your Goods against fire or explosion. If You ask Us
in writing to arrange fire insurance cover for You We will, provided You declare
the full replacement value of Your Goods and pay the premium in advance.
10.2 We shall not be liable for delays or failures to provide the services under
this Agreement as a result of war, invasion, acts of foreign enemies, hostilities
(whether war is declared or not), civil war, terrorism, rebellion and/or military
coup, Act of God, adverse weather, third party industrial action, re-scheduled sailing,
departure or arrival times, port congestion, or other such events outside our reasonable
control.
10.3 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 as a result of:
10.3.1 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.
10.3.2 Moth or vermin or similar infestation.
10.2.4 Cleaning, repairing or restoring unless We arranged for the work to be carried
out.
10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew,
rusting, tarnishing, corrosion, or gradual deterioration unless directly linked
to ingress of water.
OR
10.3.5 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.
10.3.6 For electrical or mechanical derangement to any appliance, instrument, clock,
computer or other equipment unless there is evidence of related external damage.
10.3.7 For any goods which have a pre-existing defect or are inherently defective.
10.3.8 For perishable items and/or those requiring a controlled environment.
10.3.9 For items referred to in Clause 4.
10.4 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.
10.5 Where goods are handed out from store Our liability will cease upon handing
over the goods to You or Your authorised representative (see Clause 11.1 below).
10.6 We will not be liable for any loss or damage caused by Us or Our employees
or agents in circumstances where: (a) there is no breach of this Agreement by Us
or by any of Our employees or agents (b) such loss or damage is not a reasonably
foreseeable result of any such breach.
11. Time limit for claims
11.1 If You or Your authorised representative collect the goods, We must be notified
in writing of any loss or damage at the time the goods are handed to You or Your
agent or as soon as practically possible.
11.2 For goods which We deliver, You must advise us in writing of any loss and damage
within thirty days of delivery by Us. We may agree to extend this time limit 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.
12. Delays in transit
12.1 Other than by reason of Our negligence or breach of contract, We will not be
liable for delays in transit.
12.2 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.
12.3 Any transit times quoted by Us are estimated and based upon information known
to Us at the time. Transit times may vary due to a number of factors outside Our
control including but not limited to changes in sailing or departure dates made
by the freight/ shipping company, changes in the routes used by the freight/shipping
company and port congestion. We will advise You of any material changes to the transit
times as soon as We become aware. We will not be liable for any loss or damage incurred
by You as a result of delays in transit time unless directly attributable to Our
negligence or breach of contract.
13. Our Right to Hold the Goods (lien)
"Lien is the legal right of the remover to hold goods until the customer has
paid all outstanding charges. We shall have a right to withhold and ultimately dispose
of some or all of the goods if You fail to pay the 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 (including legal costs) reasonably incurred
by Us in recovering Our charges and applying Our right of lien. These terms and
conditions shall continue to apply.
14 Disputes
If there is a dispute arising from this Agreement, which cannot be resolved, either
party may refer it to the Conciliation Service provided by the British Association
of Removers (BAR). If the dispute cannot be settled by this method, it may be referred
by either party to the BAR Arbitration Service. Under this scheme, the case will
be independently determined by an arbitrator appointed by Independent Dispute Resolution
Services Ltd. Recourse to arbitration is subject to certain limits, current details
of which are available upon request from BAR, Tel: 01923 699486, Fax: 01923 699481,
Email: consumer.affairs@bar.co.uk. Conciliation does not prejudice Your right to
commence court proceedings.
15. Our right to sub-contract the work
15.1 We reserve the right to sub-contract some or all of the work.
15.2 If We sub-contract, then these conditions will still apply.
16. Route and method
16.1 We have the right to choose the method and route by which to carry out the
work.
16.2 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 utilised
for consignments of other customers.
17. 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. Applicable law
Any dispute between us will be governed by the non-exclusive law and jurisdiction
of the English or Scottish Courts. If you currently reside or are moving to a place
outside the jurisdiction of the Courts of the United Kingdom, alternative laws or
jurisdiction of local courts may apply subject to our written agreement prior to
the work or services commencing.
19. Your forwarding address
19.1 If You instruct Us to store Your goods, You must provide a correct and up to
date address and telephone number and notify Us if it changes. All correspondence
and notices will be considered to have been received by You seven days after sending
it by first class post to Your last address recorded by Us.
19.2 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.
20. 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 within a reasonable period agreed between us, notifying Us of
any errors or omissions.
21. Revision of storage charges
We review our storage charges periodically. You will be given 30 days notice
in writing of any increases.
22. 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.
23. Termination
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.
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