The terms and conditions set out in this Agreement between Express Movers and the Customer; explaining your rights, obligations and responsibilities and those of Express Movers.
• Definitions • Any reference in these conditions to “we” or “us” is a reference to the Express Movers. • Any reference in these conditions to “you” is a reference to the Customer. • Any reference in these conditions to “party” is a reference to either the Customer or Express Movers. • Any reference in these conditions to “cut off point” is in reference to what is legally allowable under the rules and regulations. • Any reference in these conditions to “waiting time” is in reference to time waiting for access. • Any reference in these conditions to CHAPS (Clearing House Automated Payment System) is a reference to funds transfer for property purchase. • Quotations • Quotations do not include customs duties or any other levies of fees payable to any government or other statutory bodies, any such duties or fees will be payable by the customer. • Although, we quote a fixed price we reserve the right to amend it or make additional charges if any of the following have not been taken into account when preparing the quotation. • If the move is not completed within 3 months of the quotation date. • Increase in costs e.g. currency fluctuations or changes in taxation or freight charges outside our control. • We have to collect or deliver goods from/to an additional address or an address deemed significantly differently to property type described by the customer to Express Movers. • We supply any additional services outside what was quoted. • There are delays outside our reasonable control. • Access to a collection or delivery property is inadequate or the approach is unsuitable for the vehicles required for the size and weight of the goods to be moved. • Any parking or other fees or charges that we have to incur and pay in order to carry out the services you require. • If access to the property is delayed past 1300 hours (1pm) we may charge ‘waiting time’ until 1700 hours (5pm) (see Delays) • If access to the delivery property goes beyond 1700 hours (5pm) (see Delays) • Quotations only include a limited liability insurance cover • Our quotation and your signed acceptance; is not a guarantee or constitute an agreement that we have vehicles available on the day you require. Only when you have our confirmation that we can move your goods on the requested date. • Work excluded from our quotations Unless previously agreed in writing we will not: • Dismantle or assemble furniture, fitments or fittings. • Disconnect or reconnect appliances, fittings or equipment. • Remove or lay fitted floor coverings. • Move night storage heaters unless they are dismantled. • Move or store any items excluded under Excluded property 4 Excluded property The following items are specifically excluded from this agreement and will not be moved or stored: • Jewellery of any kind, precious metals, watches, money, deeds, securities, stamps, coins or goods or collections of a similar kind. • Potentially dangerous, damaging or explosive items. • Goods likely to encourage vermin or other pests or to cause infection. • Any animals and their cages or tanks. • Any garden or house plants (bagged or potted) • Any illegal substances, illegal plants or any other kind of medications. • Such goods will not be moved by us except without prior written agreement (anything
deemed illegal will not be moved at all). Any goods submitted without prior knowledge and written agreement, we will not be liable for any loss or damage except when death or injury is caused by our negligence or that of our employees. You will indemnify us against any charges, expenses, damages or penalties claimed against us by third parties. In addition we shall be entitled to dispose and charge you for the disposal of any such goods which are listed under paragraphs ii, iii or vi. 5 Customer’s responsibility It is your sole responsibility to: • Declare to us the market value of the goods being moved and/or stored. • At your expense ensure you have all documents necessary for the removal to be completed. • Be present yourself or appoint a responsible person at the collection and/or delivery property to ensure that nothing is moved or left in error. • Correctly prepare all appliances prior to their removal in accordance with manufacturers’ recommendations. Other than by reason of our negligence we will not be liable for any loss or damage, costs or additional charges that may arise from these matters. 6 Ownership of the goods By signing and accepting this agreement you confirm: • The goods to be moved are your own property • You have the written authority from the owner of the property to make this agreement in respect of the goods to be moved or stored. • You will be responsible to pay for any claim for damages and/or costs against either of the above if this proves to be untrue. 7 Cancellations If you cancel the booked move date and this agreement; we may charge according to how much notice you provide prior to the agreed removal date: • 2-7 days: 30% of the booking. • 24-48 hours: 75% of the booking. • Less than 24 hours: 100% of the booking. 8 Payment terms Unless you have our written agreement to the contrary you must pay our charges (7) seven days prior to your booked removal date. We reserve the right to charge interest on a daily basis, calculated at 4% per annum above the current base rate of the Bank of England for any amount that becomes outstanding. 9 Insurance Cover A Standard Liability • To have this cover you must advise us of a fair market value of your goods prior to work commencing, and pay the agreed premium prior to the move date. • In the event of loss or damage to your goods, our liability shall be a reasonable amount equivalent to the repair or replacement of those goods, whichever is the lower, up to a maximum of the declared value, if we have been negligent. • Where an item is part of a pair or set, our liability is assessed as the cost of that item only and not the cost of the item as part of a pair or set. B Limited Liability • If you do not require our Standard Liability cover, then our liability shall only be a maximum of £40.00 per item, if we have been negligent. • An item; is defined as the entire contents of a box, carton or other container and any other object moved by us. • In the event of a total or partial loss or damage to your goods, we will not be liable for the following: • “new for old” replacement value for lost or damaged goods. • any loss or damage which is not caused by us. • any unforeseeable additional costs you might incur as a result of loss of a particular item. C Overseas • We will not be liable for loss or damage to goods which are seized, confiscated, removed or damaged by Customs Authorities or other Government Agencies, unless we have been negligent or in breach of contract.
• We do not accept liability for loss or damage to goods in every overseas country. We will advise you at the time of quotation if this exclusion applies. 10 Delays • Upon us arriving at the delivery property; if there is a delay in legally accessing the property beyond 1300 hours (1pm) we reserve the right to charge ‘waiting time’ of £30 per hour per man until the “cut off point” of 1700 hours (5pm). • If accessing the delivery property legally, is delayed for any reason including ‘CHAPS’ beyond 1700 hours (5pm) this will be deemed the ‘cut off point’. In-line with the Rules and Regulations governing drivers’ hours and the Working Time Regulations; • We may have to hold your goods in storage and arrange to deliver your goods again at a mutually agreed date and time. This will incur additional charges, of storage and another delivery charge. 11 Damage to premises We shall only be liable for damage to premises caused by our negligence. Any damages to premises must be recorded on our paperwork then confirmed in writing to us within (5) five days. Please do not assume; that if you have requested any alleged damage is recorded on our paperwork only, that we will automatically accept liability. 12 Time limits for claims We will not be liable for any loss or damage to any goods unless any claim for loss or damage is notified to us in writing within (5) five days of delivery by us. 13 Our rights to withhold goods We have a legal right to withhold goods until you have paid all our charges and other payments due under this agreement. These include any additional 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 withholding your goods and these terms and conditions will continue to apply. 14 Disputes If there is a dispute arising from this agreement and after attempting to compromise fairly, either you or we, may refer it to an independent Dispute Resolution Company at the expense of whichever party wishes to take the matter to a Dispute Resolution Company. 15 Sub-contracting Sometimes to ensure you have the move on the date you require, we reserve the right to subcontract some or all of the work for which we have provided a quotation without reference to you. However, we will endeavour if possible to inform you if this is to be the case. If we do sub-contract these terms and conditions will still apply in full. 16 Storage services The following terms in addition to all other terms set out in this document will apply to all contracts for the storage of goods: • If you require storage facilities you are required to provide a forwarding address and notify us immediately in writing (letter or email) if it changes. All correspondence and notices will be deemed to have been received by you (7) seven days after sending it to the last known forwarding address recorded by us. • Where we provide an inventory of goods stored on your behalf it will be accepted as accurate unless you provide us with written notice of any errors or omissions within (7) seven days of us sending the inventory to you. • All charges for storage services are payable in advance. All our charges must be paid in full in cleared funds before any goods are released from storage. • You will be given (28) twenty-eight days notice in writing of any storage charge increases following which our revised rates as notified will apply. • If you fail to pay all outstanding debts or regularly default on payments and we have given you a (1) one month warning of disposal notice; we are entitled to sell (if possible) or dispose of all of the goods without further notice. The cost of the sale or disposal will be charged to you, if the outstanding debt and costs have been paid in full and there is any surplus we will reimburse you the surplus amount without interest. After disposal and there is still an amount owing, we may take further action to recover the outstanding amount with added recovery fees and costs, we also reserve the right to charge interest on a daily basis, calculated at 4% per annum above the current base rate of the Bank of England for any amount that is outstanding. • If your payments are up to date we will not end this agreement except by giving you
(3) three calendar months notice in writing. If you wish to terminate your storage agreement you should give at least (14) fourteen days notice. If we can release the goods earlier we will do so, provided you are up to date with all your storage payments. • If you choose someone else to collect your goods from our storage facilities we may make a charge for handing them over. Our responsibilities for such goods will cease upon them being handed over. Jurisdiction This agreement is subject to the laws of England and Wales.