Terms and Conditions
ROBYN WHITE REMOVALS - TERMS AND CONDITIONS
1. These terms and conditions form the basis of the contract between us, Robyn White Removals and you the customer. It defines and sets out the rights, obligations, and responsibilities of both you and us under this contract. It is a legally binding contract and so it is important that both parties know where they stand.
2. Where we use the word "you" or "your" it means the customer; "we", "us" or "our" means us as named above. Where we use the word "goods" this refers to the items that are to be subject to the removal pursuant to this contract.
3. It is important that you read and understand the terms and conditions that will apply to this contract before agreeing to the work to be undertaken. If there is anything that you do not understand or do not wish to agree to, then please discuss it with us prior to agreement of the works commencing. Only enter into this contract if you wish to be bound by these terms and conditions.
OWNERSHIP OF THE GOODS
4. You hereby agree and confirm that you are either:
(a) The owner of the goods; and/or
(b) Are duly authorised by the owner or owners of the goods to enter into this contract on these terms and conditions for and on behalf of the owner(s).
GOODS THAT WE WILL NOT ACCEPT FOR REMOVAL
5. We will happily remove most items that you may wish to submit for removal. However, we are, subject to clauses 7-9 below, unable in the normal course of business to accept any of the following types of items:
(a) Any living thing, including any animals, birds, fish and plants;
(b) Any goods that are likely to encourage vermin or other pests or to cause infestation;
(c) Any goods that require a special license;
(d) Any goods that require government permission to import or export;
(e) Any food and/or drink that is, or needs to be, refrigerated or frozen;
(f) Any drugs;
(g) Any stolen, prohibited or illegal goods;
(h) Any goods that are potentially dangerous, explosive or otherwise liable to cause damage. This includes, but is not limited to, firearms, ammunition, paints, aerosols, gas bottles and canisters.
WHAT WE WILL DO
6. We shall:
(a) Dismantle and reassemble items ONLY if requested and have agreed to do so;
(b) Remove them at the agreed time and date and deliver to the delivery address;
(c) Place the goods in a room as designated by you
(d) Store them in an external facility, only if requested beforehand.
We shall at all times care for the goods whilst they are in our custody and control showing all reasonable care in the circumstances. We furthermore will endeavour to act and undertake our obligations at all times in a professional manner.
7. We shall only remove or deliver items into a loft, or similar space if agreed in writing and it is safe, which shall include, but shall not be limited to being adequately lit and floored, and the access to it being safe.
8. We hold insurance, with a specialist insurer, to cover our potential liability to you for loss or damage to your goods or for property damage. We also hold public liability insurance. The insurance is subject to terms and policy excess.
WHAT WILL NOT DO
9. Unless previously agreed in writing. Please note - No insurance cover is provided whatsoever in carrying out the terms 9(a) to 9(f):
(a) Dismantling or assembling flat pack furniture, or a property's fitments or fittings;
(b) Disconnecting or reconnecting any equipment or appliances;
(c) Securing or preparing for transit, as necessary, equipment or appliances, such as but not limited to securing washing machine drums;
(d) Taking up or laying fitted floor coverings of any kind;
(e) Move items from a loft, unless properly lit and floored and safe access is provided:
(f) Removing storage heaters unless they are already disconnected and adequately dismantled.
We recommend that a proper qualified person be separately employed by you to carry out these services.
10. The quotation provided is for a fixed price for the work presented. It is based on our contracting to remove and/or store the goods subject to these terms and conditions.
11. The quotation will remain open for a period of 1 month from the date of the quotation. After then it shall be treated as having been automatically withdrawn.
12. The contract will be formed when you agree via email or verbally to book Robyn White Removals. This will form a legally binding contract between you and us. That contract will be subject to these terms and conditions.
13. If you make any amendment to the quotation when returning it to us then this will not act as an acceptance of the quotation. However if we decide to go ahead with the removal or storage, subject to the amendment then it will still be subject to a contract on these terms and conditions. However where you seek to amend the quotation we shall also be able to reject the alterations and not undertake the work for you, or to re-quote for it subject to your proposed amendments.
14. For the avoidance of doubt the following matters or circumstances have not, unless otherwise agreed, been taken into account or included in the quotation:
(a) The removal not commencing, other than because of our breach, within 1 month of acceptance of the quotation;
(b) The work being undertaken on a Sunday or public holiday;
(c) Collection or delivery other than from/to the ground or first floor of a property;
(d) Removal of extra goods that have not been shown or made known to us;
(e) Provision of extra services;
(f) Removal of any goods mentioned at clause 6;
(g) Any costs, charges or fees that are incurred, including parking fees and permits, in undertaking any removal;
(h) The properties involved not having proper and/or adequate access. This includes, but is not limited to, not being able to park within 20 metres of the door to the property, the access being unsuitable for our vehicles or the property being inadequate for the free and easy movement of the goods into and within the property.
(i) Changes to our costs due to changes in currency values, taxation or freight charges which are beyond our reasonable control;
(j) Delays occurring for reasons that are outside our reasonable control, including waiting an unreasonable time for keys to be released;
(k) The total value of the goods being in excess of £20,000.
15. If the removal does include any of the matters set out at clause 14, and the quotation was not adjusted to take these into account, then you will pay to us the extra costs and expenses incurred because of the effect of those matters.
16. The quotation shall not under any circumstances include a charge for arranging or otherwise procuring insurance over the goods themselves during the removal or storage.
DECLARATION OF VALUE
17. The value of the goods, for the purposes of this contract shall be their current replacement cost, including due allowance in respect of age, wear and tear and depreciation. All liability and compensation for loss and/or damage shall be calculated on this basis and not on a "new for old" basis.
18. Under the terms and conditions of this contract we have assumed that the value of the goods submitted for removal or storage does not exceed £20,000. Accordingly unless a higher limit is declared our liability to you under this contract for loss and/or damage to the goods shall be limited up to a total of £20,000.
19. However, we do not know the value of the goods to be submitted for removal and/or storage. We are giving you the chance to discuss and agree different amounts from that set out at clause 18. If the goods are worth more than a total of £20,000 we ask that you tell us and declare the actual value to us as soon as possible.
20. Subject to an increase in the quotation and/or price being agreed, if applicable, and to our written consent to the increased value applying we will uplift our total potential liability for loss and/or damage to the goods under this contract from £20,000 to the value you have declared.
21. Whilst we have many responsibilities under this contract there are some matters that you must be responsible for. These are:
(a) Declaring to us, in accordance with clause 20, the value of your goods, if you wish for our total potential liability for loss and/or damage to the goods to be more than £20,000;
(b) Being present, either yourself or through a representative, throughout collection and delivery of the goods;
(c) Checking that all the goods are both collected and delivered;
(d) Checking that nothing is collected and/or delivered in error;
(e) Obtaining all necessary permits, licenses, customs documents etc. that are necessary for the removal to take place;
(f) Preparing the property and goods for the removal, including dismantling beds, dining tables and wardrobes that are too large to be carried, as well as disconnecting all relevant appliances and electronic equipment and emptying and de-frosting any fridges and freezers.
22. When you know your definite moving date, you can secure the date with a confirmed fixed booking with a 20% deposit (50% deposit for long distance removals). Deposits are payable at the time of booking by card or bank transfer.
23. If your move goes ahead on the confirmed fixed date, your deposit amount will be deducted from your final bill.
24. If your confirmed fixed date changes and you notify us more than 3 working days before the original moving date, we will endeavour to accommodate your new date and transfer your deposit to the new date. If we are unable to accommodate the new date we will refund your deposit minus a £25.00 administration fee. If you notify us of the change of date with less than 3 working days notice we reserve the right to retain your deposit in full.
25. If you do not have a confirmed date, but wish to book and pay your deposit to access your free boxes, we will endeavour to accommodate your moving date once it is confirmed. If we are unable to accommodate your moving date we will refund your deposit minus a £25.00 administration fee.
POSTPONEMENT AND CANCELLATION
26. By agreeing to undertake the removal we incur costs in preparing for it and also lose the opportunity to undertake further work that would use the same resources. Because of this we may suffer loss if you cancel this contract or postpone its performance. The amount we will potentially lose will depend on when the cancellation and/or postponement occurs. With lots of experience in the industry we understand that house sales often fall through. Please refer to section 24 and 25 for details regarding our deposit and cancellation policy.
PAYMENT OF OUR CHARGES
27. You will pay for all removal services, at the agreed rate, on the completion of the removal. Cash, card or bank transfer will be required before we leave the premises.
UNDERTAKING THE REMOVAL
28. We will undertake the removal with professional care and skill and taking reasonable account of all the circumstances. However, we specifically reserve the right to undertake the removal in a manner that we think is appropriate including:
(a) Sub-contracting all or part of the job to another removal;
(b) Choosing the route we think is most effective; and
(c) Using such vehicles, containers and methods of transport and/or storage as we believe are appropriate.
This does not however affect our responsibilities under this contract to take care of your goods and to provide the services within the appropriate timescales.
OUR LIABILITY FOR LOSS OR DAMAGE
29. We shall, subject to the exclusions set out below, be responsible for any damage done to the goods whilst they are in our custody and control under the terms and conditions of this contract.
30. We shall, subject to the exclusions set out below, be responsible for the loss of any goods whilst they are in our custody and control under the terms and conditions of this contract.
31. Goods will be deemed to remain in our possession when the carrying vehicle is being carried on a ferry whether the vehicle's crew are actually in the vehicle or not. In such circumstances our liability will be ascertained as if it were a domestic removal.
32. If goods are lost or are damaged beyond repair then our liability will be, at most, the value of the goods lost or damaged beyond repair, as defined by clause 18.
33. If goods are damaged but can be repaired then our liability will be, at most, the repair cost plus the amount that the goods have reduced in value, if at all, because of the repair.
34. In respect of any particular item our liability will not, under any circumstances, exceed the value of the item in question, as defined by clause 17.
DELAYS IN TRANSIT
35. If the collection or delivery of the goods is delayed we will, if the delay arises from our negligence, pay your reasonable expenses that arise as a result of the delay, such as but not limited to reasonable hotel costs.
36. Under no circumstances shall our liability for delay exceed a total of £1000.
37. Other than as set out in clause 31 we shall not be responsible and shall not have to indemnify or compensate you in respect of any costs or losses arising from delay.
38. If we are unable to deliver the goods we may take them into store. Other than where the delay results from our negligence the original removal and/or storage contract will then be fulfilled and any additional service(s), including storage and delivery, will be provided in accordance with these terms and conditions and at your expense.
DAMAGE TO ITEMS OR PROPERTY OTHER THAN THE GOODS BEING REMOVED OR STORED
39. We will not be liable for any damage whether to premises, property or the goods as a result of moving goods under your express instruction, and against our advice where moving the goods in the manner instructed will inevitably cause damage.
40. In any event we shall only be liable for damage to premises or property, other than the goods being submitted for removal or storage, where such damage arises due to negligence on our part.
41. Where damage to premises or property, other than the goods being submitted for removal or storage, does occur we must ask that you inform us immediately. In the absence of such notification, we may not be able to accept any liability for the damage.
NOTIFICATION OF CLAIMS & TIME LIMITS FOR CLAIMS
42. IMPORTANT: TIME LIMIT FOR NOTIFICATION OF CLAIMS.
All claims for loss of or damage to goods must be notified to us in writing whether the goods were unpacked or not, within 7 days of delivery of the goods. In a case of loss or non-delivery of all the goods the claim must be notified within 7 days of the anticipated delivery date, or when you were informed of the loss, whichever is earlier. In all cases these time limits will apply unless a time extension is requested by you, within the 7 day period, and such extension is agreed by us in writing. We will not unreasonably refuse to grant such an extension of time.
ADVICE, INFORMATION AND THE BASIS OF AGREEMENT
43. In this document we set out the terms and conditions of the contract between us. Please do not rely on promises or claims, written or verbally made, that contradict the terms and conditions of this document. In the event of any apparent contradiction between these terms and conditions and a promise or claim made please refer to us for clarification.
LAW AND JURISDICTION
44. This contract shall be subject to exclusive English law and jurisdiction.