removal contract
Removals Terms & Conditions
Terms of the contract between Nigel Hammond trading as Eddy Leasing Limited Contractor (“the Contractor”) and you (“the Customer”) explaining rights, obligations, and responsibilities of both parties.
1. Interpretation
“Throughout these Terms and Conditions, “We” or “Us” refers to the Contractor, while “You” refers to the Customer. “Goods” refers to the items being removed and/or packed/unpacked, while “Services” refers to the relevant services we are providing to you, such as domestic removal services or office removals. These Terms and Conditions can be varied or amended subject to prior written agreement.”
Please note: We limit or exclude Our liability for loss and damage. We recommend You arrange insurance to cover Your Goods and premises.
2. Quotation/Estimate
2.1.1 Our quotation / estimate, unless otherwise stated, does not include insurance. We take every care to ensure there are no breakages,
(We ask you take out your own insurance, to cover against any breakages).
2.1.2 Our quotation / estimate is valid for 28 days from the date of issue and is subject to availability of time and resources.
2.1.3 All quotations are provided as an estimate unless specified in advance in writing as a fixed price service. We will use Our best endeavours to complete the Services in the estimated time, but any additional chargeable hours will be included in the final invoice.
(This to protect us against issues like not being able to park near the loading or unloading locations.)
2.1.4 You must advise us as soon as possible if you wish us to include any additional Goods as part of the Services we are providing. Once advised, we will advise you of any estimated price increase to the quotation / estimate. The additional Goods will not be included in the work until we have agreed the price increase with You.
(We do this because on rare occasions Customers have added additional items to the moving job without prior agreement).
2.1.5 These Terms and Conditions are subject to any written terms to the contrary stated in the quotation / estimate and for the avoidance of doubt in the event of any conflict, the terms of Our quotation / estimate shall take precedence over these Terms and Conditions.
2.2 Unless already included in Our quotation / estimate, reasonable additional charges will apply in the following circumstances:
2.2.1 We have to collect or deliver Goods at Your request above the ground floor and first upper floor.
(This involves additional labour and takes more time).
2.2.2 The entrance or exit to the premises, 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.
(We need good access or we have to carry items a long way which incurs additional costs).
2.2.3 We have to pay parking or other fees for example the Bristol Clean Air Zone.
2.2.4 There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the Services. (Sometimes we have been delayed due to football matches and other events).
2.2.5 We agree in writing to increase Our limit of liability set out in clause 7.1 prior to the work commencing.
2.3 You agree to pay any reasonable charges arising from the above circumstances.
3. Work not included in our quotations/estimates
3.1 Unless previously agreed in writing we will not:
3.1.1 Dismantle or assemble unit-furniture (flat-pack), fittings or fitments (save as provided for in clause 3.2.1). (We expect to find everything boxed and ready to be moved).
3.1.2 Disconnect or reconnect appliances, fixtures, fittings, or equipment (save as provided for in clause 3.2.2).
3.1.3 Take up fitted floor coverings.
3.1.4 Take down curtains, blinds, or other window coverings.
3.1.5 Move items from a loft, unless properly lit and properly floored and safe access is provided.
3.1.6 Move any items excluded in clause 5.
3.1.7 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. (This can be done for additional charges).
3.1.8 Undertake any work our removal staff is not authorised or qualified to carry out, which may cause damage or injury, or move any item or items which our removal staff reasonably believe they cannot move safely or the removal of which may damage the item or items in question or its or their surroundings. We recommend that a properly qualified and appropriately insured third party person is separately contracted by you to carry out any such tasks. Accordingly, in these circumstances, we cannot be held liable to You for any property damage or injury, or other losses sustained as a consequence.
3.1.9 Open or reseal paints, oils, lubricants, or other materials deemed by us to be unsafe for transport or storage or otherwise hazardous in any way.
3.1.10 Move storage heaters (unless dismantled) or loaded freezers or refrigerators. (These are very heavy and need to be emptied before transportation).
4. Your responsibility
4.1 Inform us, of the Goods being removed, it is your responsibility to inform Us of all the goods that are being removed. (This ensures We have allowed enough time to complete the job and have enough space in the van).
4.2 It is your responsibility to arrange adequate insurance cover for the Goods submitted against all insurable risks. If You have not arranged adequate insurance cover in those circumstances (including cover against accidental loss or damage and loss or damage caused by fire, lightning, or explosion etc) then You should not submit those Goods to Us as part of the Services. In the event that You do submit such Goods, then You acknowledge that the restrictions on Our liability limits as set out in clause 7.1 shall apply (together with the additional relevant limitations of liability as set out elsewhere in these Terms and Conditions) and You agree that they are reasonable and enforceable. (In short please take out your own insurance to protect against breakages).
4.5 Be present or represented throughout the course of the Services, including the collection and delivery of the removal and 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. (We do not want to be held accountable for anything being stolen).
4.6 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal. We will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities, unless caused by negligence.
4.7 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
4.8 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. (No body wants petrol leaking out of the lawn mower).
4.9 Provide Us with a correct and up to date contact address and telephone number during removal, transit and/or storage of Goods. ( We might need to call you to discuss something).
4.10 Arrange appropriate transport, storage or disposal of Goods listed in clause 5.
4.11 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error. (It works well to use Postit notes to mark the items to be removed).
4.12 We will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities, unless caused by our negligence.
5. Excluded Property – Goods not to be submitted for removals
Unless previously agreed in writing by Eddy Leasing Limited or a company representative, the following items must not be submitted for removal and will under no circumstances be moved by Us. The items listed under 5.1 below may present risks to health and safety and of fire. Items listed under 5.2 to 5.8 below carry other risks and You should make Your own arrangements for their transport.
5.1 Potentially dangerous, damaging, or explosive items, including gas bottles, aerosols, paints, firearms, and ammunition.
5.2 Jewellery, furs, wines, tobacco, cigars, cigarettes, precious stones or metals, cash and the like, bullion, deeds, securities, portable media and computing devices, stamps, coins, or goods or collections of any similar kind, fine art.
5.3 Goods likely to encourage vermin or other pests or to cause infestation or contamination.
5.4 Perishable items and/or those requiring a controlled environment.
5.5 Any animals, birds, fish, or reptiles.
5.6 Goods which require special licence or government permission for export or import.
5.7 Under no circumstances will Prohibited or stolen goods, drugs or pornographic material be moved by Us.
5.8 Any other goods or items specifically excluded from cover from time to time by our Goods in Transit insurance policy.
5.9 Inspection of goods and disposal of certain goods
5.9.1 We reserve the right to open or inspect Goods to ensure compliance with clause 5 above or in the interests of health, safety, or security.
5.9.2 If upon opening or inspecting the Goods We on reasonable grounds believe that the Customer is in breach of clause 5.1 to 5.8 above or that the Goods pose a threat to health, safety, or security We shall be entitled (without prejudice to any other rights it may have) to dispose of the Goods forthwith without compensation to You.
6. Ownership of the goods
By entering these Terms and Conditions, you guarantee that:
6.1 The Goods to be removed are Your own property free of any legal charge; or
6.2 You have the full authority of the owner or anyone having a legal interest in them to enter these Terms and Conditions, and You have made the owner fully aware of these them prior to entering into this Agreement and that they have agreed to them.
6.3 If at any time following the implementation of these Terms and Conditions through 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.
6.4 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 6.1 or 6.2 is untrue.
6.5 These Terms and Conditions are personal to You, and you must not sub-contract, assign, charge or otherwise encumber or transfer the benefit or burden of these Terms and Conditions to any third party without our prior written consent.
7. Our liability for loss or damage
Limited liability
7.1 It is Your responsibility to insure Your Goods.
8. Damage to premises or property other than Goods
8.1 Because the customer themselves, 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:
8.1.1 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 to a maximum limit of £150 per damaged area unless additional quoted evidence is supplied to Us in writing (for the repair costs of the damaged area only) and We agree in our absolute discretion in writing to contribute towards the cost of any such repair works prior to the same being undertaken.
8.1.2 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.
8.1.3 As a strict condition of these Terms and Conditions, if We are responsible for causing damage to Your premises or to property other than Goods submitted for removal, you must advise us in writing the day the work was carried out. If outside of this time, we shall not be held liable for any such damage.
9. Additional exclusions of liability
9.1 We shall not be liable for loss or damage caused by fire or explosion unless we have been negligent. It is Your responsibility to insure Your goods against such perils.
9.2 We shall not be liable for delays or failures to provide the Services under this Agreement as a result of war, 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, pandemic or other such events outside of Our reasonable control.
9.3 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:
9.3.1 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.
9.3.2 Moth or vermin or similar infestation.
9.3.3 Cleaning, repairing, or restoring unless We arranged for the work to be carried out.
9.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
9.3.5 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.
9.3.6 For electrical or mechanical derangement to any appliance, instrument, clock, computer, or other equipment unless there is evidence of related external damage.
9.3.7 For any goods which have a pre-existing defect or are inherently defective.
9.3.8 For perishable items (including food and drink whether frozen, chilled, or otherwise) and/or those requiring a controlled environment.
9.3.9 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
9.3.10 Breakage of owner packed property unless the box or container shows signs of external damage (and We have acted negligently in relation to such damage).
9.3.11 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of a similar kind.
9.3.12 Bonds, manuscripts and documents or electronically held data records, mobile telephones, laptops, desktop computers, tablets, computer network technology and such like.
9.3.13 As to any broken glass coverings on pictures.
9.3.14 For items referred to in clause 5.
9.4 No employee of ours shall be separately liable to you for any loss, damage, mis-delivery, errors, or omissions under the terms of these Terms and Conditions.
9.5 Our liability will cease upon handing over the Goods to You or Your authorised representative.
9.6 We will not be liable for any loss or damage caused by us in circumstances where:
(a) there is no breach of this Agreement by Us or any negligence on Our part or their part; and / or
(b) such loss or damage is not a reasonably foreseeable result of any such breach.
10. Time limits for claims
10.1 For the avoidance of any doubt, it is Your responsibility to check your Goods for any loss or damage which may have occurred during transit.
11. Our rights to withhold or dispose of goods
We have a legal right to withhold or ultimately dispose of some or all the Goods until You have paid all our charges and other payments due under these Terms and Conditions. These include any charges that We have paid out on your behalf. While We hold the Goods and wait for payment You will be liable to pay all storage charges and other costs incurred as a result of Our withholding your Goods and these Terms and Conditions will continue to apply. (We normally take full payment upfront so this is not normally a problem).
12. Disputes
12.1 In the event of any dispute being raised, this does not alter the timescales for payment of our Invoices, which shall remain payable in full. You shall not have any rights of set-off in the event of a dispute. Consumers have a right to set off as per CMA guidance 27 (5.8.1 onwards)
13. Sub-contracting
13.1 We reserve the right to sub-contract some or all the Services for which we have provided a quotation without reference to You.
13.2 If we sub-contract these Terms and Conditions will still apply in full.
(This only happen in rare cases like a van breaking down or someone being ill).
14. Route and method
14.1 We have the right to choose the method and route by which to carry out the Services.
14.2 Unless it has been specifically agreed otherwise in writing in Our quotation/estimate, other space/volume/capacity on Our vehicles may be utilised for consignments.
15. Inventory
On checking the quotation where we have provided a list of goods, it will be accepted as accurate unless you write to Us 48 hours prior to the agreed removal date.
16. Whole agreement
These Terms and Conditions together with our quotation/estimate are intended to form the whole agreement between us and to prevail over any verbal discussions or any prior agreements. Should we mutually agree to any variation of these terms such variation should be confirmed in writing. Any variation however agreed shall not invalidate the remainder of these Terms and Conditions.
17. Applicable Law
This contract is subject to the laws of England and Wales and any disputes arising pursuant to it (or any document referred to within it) or in respect of its formation shall be subject to the exclusive jurisdiction of the courts of England and Wales.
18. Payment Terms
18.1 Unless otherwise agreed by Us in advance in writing (either via the quotation / estimate or otherwise):
18.1.1 Payment is required in full by cleared funds in advance of the removal services or storage period (as applicable). You may not withhold payment of any part of the agreed price, payment terms are 50% deposit and 50% on completion.
18.1.2 In the event that additional services are required outside the remit of the original quotation / estimate, the services take longer than estimated, or any other factor of the type listed in clauses 2 or 3 arises leading to an increase in charges, then in the event that such matters are known before the services are carried out then payment in full for all such matters is required at the same time as payment of the agreed price in clause 18.1.1 above. Whereby such matters are not known prior to the services being commenced then such additional amounts are payable on immediate conclusion of the services.
18.2 In respect of all sums which are overdue to Us, we will charge interest on a daily basis at 3% per annum above the prevailing base rate for the time being of the Bank of England.
18.3 Payment can be made in cash, by credit/debit card or via bank transfer. In some cases, we may require you to pay a deposit payment in advance at or following the time of booking. Where such a deposit in advance is paid, it will be deducted from the final invoice.
18.4 For the avoidance of any doubt, we reserve the right to state alternative payment terms in our quotation / estimate, and where we do so, those alternative terms shall apply. In other circumstances we may raise a draft Invoice in advance of a purchase order being received and final invoice being raised. Where any such circumstances apply, this will be stated in our quotation / estimate.
(Please note in some cases We are happy with a 50% deposit and the remained paid on completion).
19. Cancellations and Postponements
If you cancel or postpone the agreed Services, we reserve the right to charge a reasonable fee based on the potential loss to Us. We incur costs in preparing for your Services and we also lose the opportunity to book Services for other clients using the same resources. “Working days” are normal working days Monday to Friday and excludes weekends and Public Holidays.
19.1 We have the right to retain a reasonable amount of the deposit if cancelled within 14 days.