Terms and Conditions
These conditions explain the rights, obligations, and responsibilities of both the Remover and the Customer in relation to removal and storage services provided by the Remover, unless otherwise agreed in writing between the Remover and the Customer.
The parties to the Contract are the Firm, Entity, or Company identified overleaf (the “Remover” or “us”) and the person, entity, or Company identified overleaf (the “Customer” or “you”) who requests the removal and/or storage services.
“Work” means removal, transportation, lifting, handling, packing/unpacking, storage, and any other services rendered to you by us.
“Premises” means the place(s) where the work is to be performed or the goods stored.
“Equipment” means anything used by us in the execution of the work.
“Contract” means the contract for the supply and acquisition of the Work.
“Terms” means the standard terms of purchase set out in this document and (unless the context otherwise requires) includes any special terms agreed in writing between the Remover and the Customer.
The Remover is not a Common Carrier and does not contract as such.
4. Quotation and Price
4.1 Unless otherwise agreed in writing:
The Quotation will remain open for acceptance for 28 days from the Quotation date.
The Quotation is for a fixed price, but the Remover is entitled to change the price after acceptance, if, due to circumstances beyond its control, the work against which the original price applied, changes.
If, during performance of the Contract, the work changes through factors beyond the Remover’s control, the Remover is entitled to change the price to reflect the changes in the work.
4.2 The quotation constitutes an offer by the Remover to acquire the Work subject to these Terms
5. Work excluded from the Quotation
Unless otherwise agreed in writing the following work shall be excluded from the quotation and the Contract:
The packing and/or unpacking of goods before and after a removal.
The dismantling and/or re-assembly of furniture, fixtures, or fittings.
The disconnection, preparation for transit, and re-connection of any electrical apparatus or equipment.
The removal and/or relaying of carpets, blinds, curtains, and any removal/re-affixing of any wall mounted fixtures and fittings.
The Remover may be willing to carry out any or all of the services above for an additional agreed price.
The Remover will use all reasonable endeavours to perform the work within or at the agreed time. It will, however, not be liable for any loss or damage, whether direct or indirect, or of a consequential nature resulting from its failure to perform the work within the agreed time. If the Remover is delayed in completing the work as a result of circumstances beyond its control, you agree to grant an extension of time for the work to be completed and further agree to pay any additional charges emanating from the provision of additional resources.
7. Customer’s Warranties
The Customer undertakes and warrants;
The goods to be removed and/or stored are Your own property, or the goods are Your property free of any legal charge;
That You have the full authority of the owner or anyone having a legal interest in them to enter into this Contract and You have made the owner fully aware of these terms and conditions prior to entering into this Contract and that they have agreed to them.
That there is proper and suitable access at all appropriate times to his premises to enable the Remover to carry out the work described overleaf.
That he shall be solely responsible for the safety and security of all of the goods up to the point of departure from the collecting address and as from the point of arrival at the delivery address.
That he shall be solely responsible for the safeguarding of all the Remover’s packing cases and any other removal equipment during such time as the same are at the collecting address or at the delivery address during the removal operation.
That he will Obtain at his own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.
That he will arrange and pay for any necessary parking facilities for the Removers vehicles, including any meter suspension charges incurred by Us in carrying out the work.
That he will not submit for removal or storage any dangerous or toxic article or substance or which is likely to encourage vermin or other pests or likely to cause or transmit any infectious or contagious disease.
If he 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.
To ensure that there is an authorised signature on agreed inventories, receipts, waybills, job sheets or other relevant documents by way of confirmation of collections or delivery of goods.
That he 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 7(a) or 7(b) is untrue.
If he wishes to transfer responsibility of this Contract to a third party he will advise Us in writing giving Us their full name and address. We will issue a new Contract to them. Our Contract with You will remain in force until We have received a signed Contract from the third party.
8. Payment by Customer.
Unless previously otherwise agreed in writing, the Customer must pay in advance for all removal services and in any event must pay within 30 days of completion of the removal.
If he does not pay within 30 days, the Customer shall pay interest on any outstanding balance at the rate of 2.5% per month (both before and after judgment) from the due date for payment until the outstanding amount has been paid in full.
Set-off. The Customer shall not be entitled to withhold any part of the agreed price on the ground that he has a claim against the Remover arising out of this or any other contract.
The payment amount detailed in an invoice is due by the stated Payment Due date. The total amount outstanding will be accelerated upon the customer’s default on its payment obligation. Should the customer also acquire the service(s) of a subsidiary company or trading division of the Remover, the total amount outstanding to each subsidiary will become accelerated upon the customers default on its payment obligation to any one of the said subsidiary companies.
9. Postponement of removal
By way of liquidated damages the Customer agrees to pay the following sums in the event of his postponement of the removal:
If notification of postponement is received by the Remover between seven to ten working days before removal, a sum representing 15% of the removal charges.
If the notification is received less than seven working days before removal, a sum representing 20% of the removal charges.
If the Customer does not stipulate a new date for the removal within 28 days of postponement the contract will be deemed to be cancelled.
10. Cancellation of removal
By way of liquidated damages the Customer agrees to pay a sum representing 50% of the removal charges in the event of his cancellation of the removal, save that if the cancellation is notified to the Remover less than 48 hours before removal the percentage shall rise to 75%.
The Remover reserves the right to sub-contract all or part of the removal work. If the Remover sub-contracts, he does so as the agent of the Customer which means that the removal will still be carried out in accordance with and subject to these terms and conditions.
12. Inter-change and method
The Remover may at any time inter-change goods between vehicles and warehouses and may choose which route or by which means the goods shall be carried.
13. Inspection of goods and disposal of certain goods
The Remover reserves the right to open or inspect goods to ensure compliance with clause 7(h) above or in the interests of health, safety or security.
If upon opening or inspecting the goods the Remover on reasonable grounds believes that the Customer is in breach of clause 7(h) above or that the goods pose a threat to health, safety or security the Remover shall be entitled (without prejudice to any other rights it may have) to dispose of the goods forthwith without compensation to the Customer.
14.1 Goods received or held by the Remover are subject
to a particular lien for the payment of removal or storage charges
to a general lien for all monies owed to the Remover for any services rendered to the Customer under this or any other contract
If the lien is not satisfied within 28 days of the Removers notification of the exercise of such lien, the Remover shall be entitled to sell the Customer’s goods and apply the proceeds of sale towards satisfaction of the lien.
15. Remover’s Liability
15.1Nothing in this Contract shall limit or exclude the Remover’s liability for:
(a)death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
15.2 Subject to clause 15.1:
(a) the Remover shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) the Remover’s total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £40.00 per item up to a maximum of £[ ]. In the event that the Customer arranges all risks insurance then the Remover’s liability will be limited to the risks covered in that policy.
The Remover strongly advises the Customer to review his own insurance arrangements to ensure that he holds adequate cover.
15.3 Except as set out in this Contract, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
15.4 This clause 15 shall survive termination of the Contract.
16. Time limits for reporting claims
If it is believed that the Remover has been responsible for loss and/or damage to goods and/or premises, such claims must be made verbally within three working days of the alleged incident, and confirmed in writing within seven working days of the alleged incident, for such claim to receive attention. Any claim brought outside these time periods will not be accepted.
17. Claim by third party against the Remover
If the Remover is required to pay any charge, expense, damage or penalty to a third party arising out of the performance of the contract, the Customer will indemnify the Remover against such payment unless it was brought about by the Remover’s negligence.
If any dispute or difference shall arise between the Remover and the Customer the matter shall be referred to the arbitration of a single arbitrator to be agreed between the parties or in default of agreement an arbitrator who is a barrister of not less than 10 years standing and appointed by the President for the time being of the British Association of Removers The arbitration shall take place in London if at the date of acceptance of the quotation the Customer resided in England or Wales or in Edinburgh if at the said date the Customer resided in Scotland.
19. Proper law of the Contract
These terms and conditions shall be governed by English law if the Customer resided in England or Wales at the date of acceptance of the quotation or by Scottish law if at the said date the Customer resided in Scotland.
20. Variations of Terms
No variation of these terms and conditions shall be effective unless the variation is recorded in writing and acknowledged by the other party prior to work commencing.
ADDITIONAL TERMS AND CONDITIONS FOR STORAGE OF GOODS
21. Address of Customer
The Customer must at all times keep the Remover informed in writing of his current address Notification of change of address shall not be effective unless it is acknowledged in writing by the Remover. The Remover agrees to make this acknowledgement promptly upon receipt of this notification. Any notice to the Customer (under this or any other clause herein) which is made to his last known address shall be deemed to be good notice and duly served 7 days after the date of posting.
Where an inventory is prepared it shall be deemed to be conclusive evidence of the Customer’s goods which are stored, unless the Remover receives the Customer’s notification in writing of any error or omission within 7 days of his receipt of the inventory. Such notification shall not be effective unless acknowledged in writing by the Remover. The Remover agrees to make this acknowledgement promptly upon receipt of this notification.
23. Payment of storage charges
Storage charges are payable 3 months in advance. If the Customer removes the goods from storage before the expiration of the 3 month period, the Remover will credit the account of the Customer for the unexpired portion of such period. This allowance will not be given for periods of less than one complete week.
All charges (including removal charges) shall be paid (and any cheques cleared) before the goods are removed from storage.
24. Revision of storage charges
The Remover shall be entitled to revise storage charges periodically. The Remover will give the Customer at least 28 days notice of an increase in charges, such increase to take effect at the beginning of the next accounting period.
25. Termination of storage contract
The Customer shall be entitled to terminate the storage contract by giving the Remover at least 14 days notice in writing. The notice shall not be effective unless received by the Remover. If the Remover agrees to release the goods on less than 14 days notice the Remover reserves the right to charge for the full 14 days period of notice.
Provided the Customer is not in arrears with the payment of storage charges, the Remover shall not terminate the storage contract save on 3 months notice in writing.
The Remover shall be entitled to make a separate charge for stowing or unstowing the goods and, if the Customer elects to make his own arrangements for the delivery or collection of goods to or from the warehouse, for receiving or handing over the same.
27. Damage to premises or property other than goods
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:
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.
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.
If We are responsible for causing damage to Your premises or to property other than goods submitted for removal and/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 Contract.
Insurance Policy summary
Important Facts about your insurance – For Commercial Customers
If you purchase the insurance for loss or damage to your effects arranged by Ede’s (UK) Ltd (hereinafter referred to as the Company) the insurance conditions set out below will apply. Please note irrespective of whether you purchase this insurance Ede’s (UK) Ltd liability for loss or damage to your effects is limited by the trading conditions, which form part of their contract with you.
This summary does not contain the full terms and conditions of the insurance which are in the Master Policy Document. You may inspect the policy at our office on request.
This insurance is arranged by Jelf Insurance Brokers Ltd with Brit Insurance Ltd (see name and address below). Jelf Insurance Brokers Ltd are authorised and regulated by the Financial Conduct Authority under Firm Reference No. 302751.
Removals & Storage (Excluding Self-Storage)
All risks of physical loss or damage in transit or store anywhere in the United Kingdom, The Channel Islands, The Isle of Man, Member States of the European Union, Norway and Switzerland.
This insurance is effective from the time your insured Property is professionally packed and/or uplifted from your residence or business location for the commencement of the transit and continues, including storage if any, until your insured Property is professionally delivered to the final destination. If the goods are professionally unpacked coverage is extended to cover the period of professional unpacking provided this takes place within 7 days of delivery.
Where part or all of the transit involves a waterborne movement Institute Cargo Clauses A and Institute War & Strikes Clauses (Cargo) apply as per the overseas removal conditions (Clause 10) contained in the policy.
The policy is extended to include transits during the period of storage between the premises of Carpet Cleaners, Repairers and Restorers and the storage locations
The Policy limitations and excluded property/causes are as shown below.
As declared to the Company on the acceptance form. Unless confirmed in writing by them prior to the move the sum insured shall not exceed :
Office/Commercial Removals :
£250,000 any one vehicle load / £750,000 any one loss.
BASIS OF CLAIM SETTLEMENT (New For Old)
The settlement of any claim shall be by replacement, repair and/or compensation at Underwriter’s option. In the event of the total loss or destruction of any article insured under this Insurance, the basis of settlement shall be the cost of replacing the article as new provided that the article is substantially the same as but not better than the original when new. For household linen and clothing only Underwriter’s will take into consideration the age, quality, degree of use & consequent market value of items. Where a repair is undertaken settlement is restricted to the reasonable costs of repairs. No claim will attach for depreciation consequent upon such repair.
The basis of claims settlement shall be limited to the physical cost of replacing the documents excluding the value of the information contained thereon and/or cost of reprinting, re-issue and/or reconstitution UNLESS the specific archival and document extension is effective.
Where the archival and document extension is effective the basis of settlement shall be to indemnify the Insured for reasonable costs of reprinting and/or reasonable costs of reissue and/or reconstitution including, where applicable, fresh research or exploration to obtain essential information.
UNDER-INSURANCE (Clause 5 of the Policy)
If you fail to declare the full market value of your property on the acceptance form, in the event of a claim you will only be entitled to recover from Insurers the proportion of the loss as the declared value bears to the total value of your property. If you under-insure you may well suffer.
PAIRS AND SETS CLAUSE (Clause 8 of the Policy)
Where items are part of a pair or set, Insurers will only pay for the actual parts that are lost or damaged. No payment will be made for articles that are not damaged
If at the time of loss there is other insurance in force this insurance shall only respond to the extent that losses are not recoverable under the other insurance
The Insurers will not pay the first £250 of each claim.
CLAIMS NOTIFICATION (Clause 20 of the Policy)
In the event of loss and/or damage that may give rise to a claim under this insurance, immediate notice must be given in writing to Ede’s (UK) Ltd, 169 Garth Road, Morden, Surrey SM4 4LF (telephone 020 8773 6700). It is a general condition under this insurance that full details of any losses and/or damages for removals and storage must be notified within 7 days after delivery or in the case of non-delivery within 7 days from when your goods would normally be delivered unless a time extension has been requested by you and agreed by the Company in writing. For overseas removals and storage outside the United Kingdom the time limit is 30 days. These time limits apply whether or not your goods have been unpacked.
CANCELLATION (Clause 21 of the Policy)
This insurance contract in being advised and arranged for you as a Commercial Customer is not subject to Statutory Cancellation Rights. Early cancellation is possible by you or the Insurer. In this event you will remain liable for the premium due for the period on risk.
PAYMENT OF PREMIUM
In the event that the Company (the Agent) advises premiums are outstanding, Insurers will only settle a valid claim once premiums have been paid.
In the event of Insurers not being able to fulfil their financial obligation under the Policy in paying your valid claim you may be entitled to compensation under the Financial Services Compensation Scheme (FSCS) of up to £2,000 for the first part of your claim and 90% of the remainder of your claim. Further information about compensation scheme arrangements is available from the FSCS on telephone : + 44 (0)20 7892 7300 or www.fscs.org.uk
CONTRACT (RIGHTS OF THIRD PARTIES) ACT 1999 EXCLUSION CLAUSE (CARGO)
This insurance does not confer any benefits for any third parties
CHOICE OF LAW AND JURISDICTION
The parties are free to choose the law and jurisdiction applicable to this insurance contract. Unless specifically agreed to the contrary this insurance shall be subject to English law and the exclusive jurisdiction of the Courts of England and Wales. All terms and conditions and communication will be in English unless otherwise stated.
Any enquiry or complaint should be addressed first to the arranging broker Jelf Insurance Brokers Ltd, Standard House, Weyside Park, Godaming, Surrey GU2 1XE Telephone +44 (0)1483 539922.
In the unlikely event that you remain dissatisfied please contact:
The Customer Relations Officer, Brit Insurance Ltd, 55 Bishopsgate, London EC2N 3AS. Tel No. 020 7984 8600 Fax No. 020 7984 8859.
In the event you wish to pursue matters further you may be able to refer the matter to the Financial Ombudsman Service.
The Financial Ombudsman Service can normally deal with complaints from private individuals and from small businesses
and charities with an annual turnover /charity income of less than £1 million. The Financial Ombudsman Service, South Quay Plaza 183 Marsh Wall, London E14 9SR Helpline: 0845 080 1800 Switchboard: + 44 (0)20 7964 1000
EXCLUDED PROPERTY (Clause 14 of the Policy)
1. Money, Coins, Bullion, Deeds, Bonds, Securities and the like
3. Explosives and flammables except where carried as part of a household, office removal or storage contract.
4. Loss of data records other than cost of blank data carrying materials
PROPERTY INSURED LIMITATIONS (Clause 15 of the Policy)
Unless agreed otherwise in writing by the Company, the following limitations apply: –
Stamps of all kinds, Jewellery, Watches, and Precious Stones are limited to a maximum of £500 combined total for all such items unless contained in a locked safe or strongroom.
Furs, mobile phones, perfumery, beers, wines, spirits and the like, tobacco, cigars and cigarettes, explosives, flammables are limited to a maximum combined total for all such items of £10,000
EXCLUDED CAUSES (Clause 16 of the Policy)
1. Loss or damage caused by wear, tear, gradual deterioration (including the deterioration of contents of deep freeze units), inherent vice or latent defect.
2. Loss or damage caused by moth, insect or vermin unless from an external cause.
3. Loss or damage caused by leakage of liquid from a receptacle or container unless packed by the Company
4. Mechanical or electrical damage or derangement of any mechanical or electrical goods unless reasonably attributable to physical damage to such items from an Insured Peril or following fire, flood, collision or overturning of road vehicles or other conveyances in which the insured property is being carried.
5. Any consequence of War, Invasion, Act of Foreign Enemy Hostilities (whether War be declared or not), Civil War, Rebellion, Revolution, Insurrection or Military or Usurped Power or Confiscation or Nationalisation or Requisition or destruction of or damage to property by or under the order of any Government or public or local authority. This exclusion shall not apply to overseas removals whilst your property is waterborne.
6. Loss or damage in respect of goods in storage caused by or resulting from Acts of Terrorism or any person(s) acting from a political motive. This exclusion shall not apply to storage in the ordinary course of transit as more fully set out in the ermination of Transit Clause (Terrorism).
7. Consequential loss of any kind or description.
8. Loss or damage or liability or expense directly or indirectly caused by or contributed to, by, or arising from: Ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel
The radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof.
Any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter
The radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes
Any chemical, biological, bio-chemical or electromagnetic weapon
9. Loss or damage or liability or expense directly, or indirectly, caused by or contributed to, by or arising from the
use or operation, as a means for inflicting harm, of any computer, computer system, computer software program, malicious
code, computer virus or process or any other electronic system. This exclusion will not operate to exclude losses (which would
otherwise be covered) to overseas removals whilst your property is waterborne arising from the use of any computer, computer
system or computer software program or any other electronic system in the launch and/or guidance system and/or firing
mechanism of any weapon or missile.
10. Loss, destruction or damage directly occasioned by pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds.
11. In respect of overseas removals and storage only this insurance excludes the risks of breakage, scratching, denting, chipping, staining and tearing of owner packed effects, including trunks, suitcases and the like unless reasonably attributable to physical damage to such items from collision or overturning of road vehicles or other conveyances. Also excluding claims for missing items unless a valued list of the contents is supplied by the owner to the Remover prior to the commencement of transit, and such list approved by the Insurer. The paragraphs relating to excluded goods shall still apply.
12. If your claim be in respect of any fraudulent act, or if any fraudulent means be used by you or any one claiming indemnity under this Insurance or any one acting on his or their behalf, to obtain any benefit under this insurance, or if any loss or damage be occasioned by the wilful act or with the connivance of you, or any one claiming indemnity under this Insurance all benefit under this insurance will be forfeited.
13. Computer Millennium clause with Named Peril Extension.
DUTY OF DISCLOSURE/MISREPRESENTATION
It is your responsibility to ensure that all material facts have been disclosed to Insurers – i.e. any fact which may affect Insurers view of the risk. Incorrect information or failure to disclose all material facts could invalidate all or part of the cover and result in the claim being declined. This insurance shall be voidable in the event of misrepresentation, misdescription or non-disclosure of any material fact.