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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’, ‘Our’ & ‘Company’ means Legit Removals LTD also known as Legit Removals.
Our Quotation
1.1Our 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.
1.2 Our quotes are based on the volume and distance of the move and any additional services you may require. If an online survey has been provided, the quote is based on the estimated volume and not on the number of men or vans.
1.3 We may amend 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 If you do not accept the quotation in writing within 14 days.
1.3.2 Changes in our availability due to supply and demand and demand factors.
1.3.3 Our costs change because of currency fluctuations, changes in taxation or freight charges beyond our control.
1.3.4 The work is carried out at your request on a weekend, public holiday or outside normal working hours (08:00 – 18:00).
1.3.5 We have to collect or deliver goods above the ground and on the first upper floor at your request.
1.3.6 We supply any additional services including moving or storing extra goods.
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 &/or containers to load &/or unload within 20 metres of the doorway.
1.3.8 If you deliver or collect some or all of the goods to and from a warehouse, We are entitled to add additional fees to hand them over,
1.3.9 We have to pay parking or other fees, charges, penalties & fines to carry out services on your behalf.
1.3.10 There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed Work.
1.3.11 We agree in writing to increase our limit of liability set out in Clause 8.1.
1.3.12 In any such circumstances, adjusted charges may apply and be payable
2 Work we will not carry out & which is not included in your quote:
2.1 Unless agreed by us in writing, we will not:
2.1.1 Dismantle or assemble a 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 provided it has safe access.
2.1.5 Move or store any items excluded under Clause 4. Our staff are not qualified or authorised to carry out such work, if they do so, it is without our consent and we accept no liability for it.
2.1.6 We will dispose of any goods or waste subject to written confirmation & payment of additional charges and disposal fees.
2.1.7 We retain the right not to commence or not to continue any Work for health and safety or legality & we shall be entitled to retain any deposit & charges for any Work up to that point.
2.1.8 We retain the right not to commence or not to continue any work if at any point the customer is abusive towards any member of Mario Moving.
2.1.9 We reserve the right to cancel the move at any time if you or your partner are manifesting aggressive behaviour.
3 Your responsibility
3.1 It will be your sole responsibility to ensure that you, personally or through an authorised representative:
3.1.1 Declare to us, in writing, that the value of the goods being stored/removed has substantial value (£50,000).
3.1.2 Obtain at your own expense, all documents, permits, permissions, licences, and Customs documents necessary for the Work to be completed.
3.1.3 Be present or represented preferably during the Work but certainly during the collection & delivery phases.
3.1.4 Ensure authorised signatures on agreed inventories, receipts, job sheets, timesheets or other relevant documents by way of confirmation of collection or delivery of goods or labour or vehicle time. If you do not sign any of these items for any reason you authorise our representative to sign them on your behalf & any charges or other consequences arising will be as if you had signed yourself.
3.1.5 Take all reasonable steps to ensure that nothing that should be removed is left behind & nothing is taken away in error.
3.1.6 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.
3.1.7 Prepare adequately & stabilise all appliances or electronic equipment before the Work.
3.1.8 Empty, properly defrost & clean refrigerators & deep freezers. We are not responsible for the contents.
3.1.9 Ensure that all domestic and garden appliances, including but not limited to washing machines, dishwashers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them,
3.1.10 Provide us with correct and up to date contact address and telephone number during transit and/or storage of goods.
3.1.11 Arrange the necessary parking space for our vans at both pickup and delivery addresses.
3.1.12 When choosing to do your packing, we will send you instructions demonstrating how to correctly pack. If you pack incorrectly and as such, the goods do not fit into our vans, you may incur extra costs.
3.2 Other than because of Our negligence or breach of this contract, we will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities & may cancel the Work at our discretion without any further liability to you.
4 Goods not to be submitted for removal or storage
4.1 Unless previously agreed in writing by an authorised company representative, the following items must not be submitted for removal or storage and under no circumstances be moved or stored by Us. The items listed under 4.1.1 may present risks to health and safety and of fire. Items listed under 4.1.2 to 4.1.7 and below, carry other risks and you should make your arrangements for their transport and storage.
4.1.1 Potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paint, firearms and ammunition and prohibited or stolen goods.
4.1.2 Jewellery, watches, deeds, money, mobile telephones, securities, portable media and computing devices, stamps, coins, or goods or collections of any similar kind.
4.1.3 Goods are likely to encourage vermin or other pests or to cause infestations or contamination such as plants.
4.1.4 Perishable items and/or those requiring a controlled environment.
4.1.5 Any animals, birds, fish and reptiles.
4.1.6 Goods that require a special licence or government permission for export or import.
4.2 If such goods are submitted without our knowledge, we will make them available for your collection and if you do not collect within a reasonable time, we will apply for an appropriate court order to dispose of any such goods found in our consignment. Furthermore, you will be liable to pay us any charges, expenses, damages, legal costs or penalties incurred by us.
4.3 If we do agree to remove such goods, we will not accept liability for loss or damage unless we are negligent or breach of contract, in which all these conditions will apply.
5 Ownership of Goods
5.1 By entering into this Agreement, you guarantee that:
5.1.1 The goods to be removed and/or stored are your 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 before entering into this Agreement and that they have agreed to them.
5.1.3 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.
6 Charges if you postpone, amend or cancel your move and waiting for 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.
6.1.1. ‘Working days’ refer to the normal week of Monday to Friday and excludes weekends and Public Holidays. All changes and cancellations must be made to our email account.
6.1.2 More than 7 working days before the removal was due to commence: No charge
6.1.3 Less than 7 days before the removal was due to commence: 100% of the removal charge
6.2 Waiting Waiver In any event where we are unable to begin unloading our vans due to delays and logistical issues that are not of our own making (i.e: you do not have the house keys, house cleaning) a charge of £60 .00 per hour will incur. For a move outside the M25 area, a charge of £80.00 per hour will apply.
7 Payment
7.1 Unless otherwise agreed by us in writing:
7.1.1 Payment is required by cleared funds in advance of the removal or storage period although, we may under certain circumstances commence work if a deposit of 20% has been made at the time of booking & accept payment of the balance of our charges on completion of the move. If your move requires an external service, such as a ferry, payment for this must be provided to us at the time of reservation. For all the moves that go outside the M25 belt or overseas, payment is required before leaving London.
7.1.2 In respect of all sums which are overdue to us, we will charge interest at the rate of 12.5% per month accruing daily.
7.1.3 An administration charge of £15.00 for each occasion that we communicate or attempt to communicate with you by post, email or telephone.
7.1.4 By providing us with your credit/debit card details, you are authorising us to use that card, to charge you in full for the remaining balance of your move.
8 Our liability for loss or damage
8.1 Our liability for loss or damage is limited as we cannot determine the value of goods, please refer to clause 8.1.1. Alternatively, you may request to increase our limit of liability in which we may make an additional charge.
8.1.1 Subject to Clause 3.1.1, the amount of liability to you in the event of loss or damage to those goods is up to a maximum of £50,000 and we will not be liable for the first £250 of any claim.
8.1.1a In the event of loss or damage, we will not be liable without clear evidence demonstrating that the loss or damage is a result of our gross negligence; and in all circumstances, our liability is subject to the entirety of these terms and conditions and also to the below:
8.1.1b If we cause loss or damage to your goods, our liability to you is to be assessed as a sum equivalent to the cost of repair or replacement taking into account their age and condition at the time of loss or damage.
8.1.1c If we cause loss or damage to your goods for removal as a result of our gross negligence, our liability shall be limited to making goods to a reasonable standard, the damaged area only.
8.2 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.
8.3 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 carrier’s terms and conditions.
8.4 For 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 Damage to premises or property other than goods
9.1 Because third party contractors are frequently present at the time of collection or delivery, our liability for loss or damage is limited as follows:
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 of the damaged area only.
9.1.2 If we cause damage as a result of moving goods under your express instruction, against our advice, & where to move 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 property other than goods submitted for removal 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 unless we have been negligent or in breach of contract.
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, 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 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 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 or climate conditions.
10.3.5 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other containers 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 any items which are older than 5 years old.
10.3.10 For items made of pressed wood/carton. (for example, items made by IKEA)
10.3.11 For sentimental value.
10.3.12 For plants. 10.3.13 For any item costing over £100.00, you failed to produce a receipt confirming the purchase date and cost.
10.3.14 For claims for emotional stress or injury to feelings.
10.3.15 For items referred to in Clause 4
10.4 No employee of ours shall be liable separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement.
10.5 We shall not be liable if at any point we stop due to abusive behaviour from the client towards our team members. 10.6 We will not be responsible for the items already packed in boxes by the customer.
10.6 We will not be responsible for the items already packed in boxes by the customer.
11 Time limit for claims
11.1 For goods that we deliver, you must notify us in writing of any visible loss, damage or failure to produce any goods at the time of delivery.
11.2 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.
11.3 Notwithstanding clauses 8,9 and 10, we will not be liable for any loss or damage to the goods unless a claim is notified to us, in writing as soon as such loss or damage is discovered & in any event within seven days of delivery of goods by us.
11.4 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 days from delivery of goods by us.
11.5 For all the claims you must provide the evidence within 7 days from the date of the move otherwise your claim will not be processed.
11.6 If you have a damage claim you must provide us with access to assess it within 2 weeks of discovery.
11.7 We shall not be responsible for any claim not fully quantified by you within 1 month of discovery.
12 Delays in transit
12.1 Other than because 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 the store. The Agreement will then be fulfilled and any
additional service(s), including storage and delivery, will be at your expense.
13 Our rights 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 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 any other costs (including legal) 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 for determination by an arbitrator appointed by the Chartered Institute of Arbitrators. The cost of any such arbitration will be at the discretion of the arbitrator and 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 and the location in respect of storage.
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 before the work or services commence.
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 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. Storage charges are payable to the date when the notice should have taken effect.
Liability Terms - For Non-British Association of Remover Members