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/Client: „We‟, „Us‟ or „Our‟ means the Remover/Subcontractor. These terms and conditions can be varied or amended subject to prior written agreement.
1. Our Quotation
1.1 Our quotation, unless otherwise stated, does not include insurance, cancellation/postponement/waiting waivers, customs duties, port charges including (but not limited to) demurrage, inspections, or any fees, or taxes payable to government bodies or agencies.
1.2 Our Quotation is valid for 7 Days from the date of issue. Unless already included in Our Quotation, reasonable additional charges will apply in the following circumstances:
1.2.1 If the work does not commence within 7 days of acceptance;
1.2.2 Our costs change because of currency fluctuations, changes in taxation, freight, fuel, ferry or toll charges beyond our control.
1.2.3 We supply any additional services, including moving or storing extra goods (these conditions apply to such work).
1.3 You agree to pay any reasonable charges arising from the above circumstances.
2. Work not included in the quotation
2.1 Unless agreed by us in writing, we will not:
2.1.1 Dismantle or assemble furniture of any kind
2.1.2 Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment, take up or lay fitted floor coverings.
2.1.3 Move items from a loft, unless properly lit and floored and safe access is provided.
2.1.4 Move or store any items excluded under Clause 4.
2.1.5 Dismantle or assemble garden furniture and equipment including, but not limited to: sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or move paving slabs, planters and the like.
3. Your responsibility
3.1 It will be your responsibility to:
3.1.1 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.
3.1.2 Obtain at Your own expense, all documents, permits, permissions, licenses and customs documents necessary for the removal to be completed.
3.1.3 Pay for any parking or meter suspension charges incurred by us in carrying out the work.
3.1.4 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
3.1.5 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
3.1.6 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
3.1.7 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;
3.1.8 Provide us with a correct and up to date contact address and telephone number during removal transit and/or storage of goods.
3.1.9 Arrange appropriate transport, storage or disposal of goods listed in clause 4
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 4.1.3 below carry other risks and You should make Your own arrangements for their transport and storage.
4.1.1 Potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
4.1.2 Goods which require special licence or government permission for export or import.
4.1.3 Under no circumstances will Prohibited or stolen goods, drugs or pornographic material be moved or stored by Us.
4.2 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 may apply for a court order to dispose of any such goods found in the consignment. You agree to pay Us any charges, expenses, damages, legal costs or penalties reasonably incurred by Us in disposing of the goods.
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 the goods are Your property free of any legal charge; or
5.1.2 You have the full authority of the owner or anyone having a legal interest in them to enter into this Agreement and You have made the owner fully aware of these terms and conditions prior to entering into this Agreement and that they have agreed to them.
5.1.3 If at any time following the implementation of this agreement to its termination another person has or obtains an interest in the goods You will advise Us of their name and address in writing immediately.
5.1.4 You will provide a full indemnity and pay Us in respect of any claim for damages and/or costs brought against Us if either statement made in 5.1.1 or 5.1.2 is untrue.
5.1.5 If You wish to transfer responsibility of this Agreement to a third party You will advise Us in writing giving Us their full name and address. We will issue a new agreement to them. Our Agreement with You will remain in force until We have received a signed agreement from the third party.
6. Charges if You postpone or cancel the removal and Waiting Charges
6.1 If You postpone or cancel this Agreement, we reserve the right to charge you a reasonable postponement or cancellation fee according to how much notice is given as set out below at
6.1.1 – 6.1.5. “Working days” refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays.
6.1.1 More than 10 working days before the removal was due to start: No charge.
6.1.2 Between 5 and 10 working days inclusive before the removal was due to start: not more than 30% of the removal charge.
6.1.3 Less than 5 working days before the removal was due to start: not more than 60% of the removal charge.
6.1.4 Within 24 hours of the move taking place; not more than 75% of the removal charge.
6.1.5 On the day the work starts or at any time after the work commences: up to 100% of Our charges.
6.2 Waiting Waiver
6.2.1 Our quotation is based upon us being able to begin unloading our vehicle(s) at the agreed time on the day of the booking (unless specified in writing). If we are prevented from doing so for reasons beyond our control, waiting charges will become payable at the agreed hourly rate. We offer a Waiting Charge Waiver for a fee equivalent to 10% of the
total removal charge. If the Waiting Charge Waiver is accepted and paid for at least 24 hours prior to the move commencing, all waiting charges will be waived for a maximum of three hours.
7.1 Unless otherwise agreed by Us in writing, payment is required in full by cleared funds in 7 days of completion of the booking / removal or storage period.
7.2 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.
7.3 Payment will be subject to our Invoice Term‟s and Conditions therefore if you do not agree with our Invoice Terms and Conditions, we have the right to refuse offering our services to you.
8. Our liability for loss or damage
8.1 We do not know the value of Your goods therefore We limit Our liability to a fixed limit per item. The amount of liability We accept under this agreement is reflected in Our charges for the work. If You wish Us to increase Our limit of liability per item You agree to pay a higher price for the work as stated in Condition 1.2.4 (Our Quotation).
8.2 Unless otherwise agreed in writing if we are negligent or in breach of contract, we will pay You up to the value of £50 per item which is lost or damaged as a direct result of any negligence or breach of contract on Our part.
8.3 For goods destined to, or received from a place outside the United Kingdom:
8.3.1 We will only accept liability for loss or damage
- arising from Our negligence or breach of contract whilst the goods are in Our physical possession, or
- 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:
- 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.
9. Damage to premises or property other than goods
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 submit this to us in writing 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 unless we have been negligent or in breach of contract. It is Your responsibility to insure Your Goods
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.
10.3.3 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, mold, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water.
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 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
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:
- there is no breach of this Agreement by Us or by any of Our employees or agents
- 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 give Us detailed notice in writing of any loss and damage within seven 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.
13.1 We reserve the right to sub-contract some or all of the work.
13.2 If We sub-contract, then these conditions will still apply.
13.3 You agree that we may use another carrier in order to support our provision of the services to you (this will be at our own expense) and you agree that both we and this other carrier shall be entitled to the protection of all of the terms of this Agreement which exclude or limit liability for any losses or damage.
14. Route and method
14.1 We have the right to choose the method and route by which to carry out the work and the location in respect of storage.
14.2 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.
15. 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.
16. Your forwarding address
16.1 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.
16.2 If We are unable to contact you, we will charge you any costs incurred in establishing Your whereabouts.
17. Revision of storage charges
We review our storage charges periodically. You will be given 7 days‟ notice in writing of any increases.
18. 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 7 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.
You agree to indemnify, defend and hold harmless Modern Movers, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your breach of the Terms of Service.
21.1 Force Majeure shall not include any event caused by the negligence or intentional action of a Party or such Party‟s subcontractors or agents or employees or by a failure to observe good professional practice.
21.2 Force Majeure shall not include insufficiency of funds or failure to make any payment required hereunder.
21.3 Failure of a Party to fulfill any of its obligations hereunder shall not be considered to be a breach of or default under this Agreement insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care, and reasonable alternative measures, all intending to carry out the terms of this Agreement.
21.4 A Party affected by an event of Force Majeure shall take all reasonable measures to remove such Party‟s inability to fulfill its obligations hereunder with a minimum of delay. The Parties shall take all reasonable measures to minimize the consequence of any event of Force Majeure.
21.5 A Party affected by an event of Force Majeure shall notify in writing the other Party of such event as soon as possible, and in any event not later than five (5) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give notice of the restoration of normal conditions as soon as possible.
21.6 Not later than fourteen (14) days after Modern Movers, as a result of an event of Force Majeure, has become unable to discharge a material portion of its obligations, the Parties shall consult with each other to agree on appropriate measures to be taken in the circumstances.
Modern Movers shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect.
So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly.
Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
26. 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.
If there is a dispute arising from this Agreement, which cannot be resolved, either party may refer it to the low-cost independent Alternative Dispute Resolution (ADR) scheme provided by the British Association of Removers (BAR).
Under this scheme, the case will be determined by an accredited independent ADR organisation. Recourse to the independent ADR scheme is subject to certain limits, current details of which are available upon request from BAR, Tel: 01923 699486, Fax: 01923 699481, Email: email@example.com. ADR does not prejudice Your right to commence court proceedings.
28. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Modern Movers.
Any waiver of any provision of the Terms of Service will be effective only if it is in writing and signed by a Director of Modern Movers.
If you have questions or comments about this Terms of Service, please contact us at:
Company Name : Modern Movers
Street Address : 55 Beulah Road
City, State Zip : LONDON, E17 9LG
Phone Number : 0203 488 9827
Email : firstname.lastname@example.org