TERMS AND CONDITIONS
- These terms and conditions form the basis of the contract between us, Melhuish 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. It does include provisions that limit our responsibilities and potential liability to you. We specifically draw your attention to these.
- 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 subject to the removal, pursuant to this contract.
- It is important that you read and understand the terms and conditions that will apply to this contract before signing. If there is anything that you do not understand or do not wish to agree to, then please discuss it with us before signing and returning the quotation. Only enter into this contract if you wish to be bound by the terms and conditions set out below.
OWNERSHIP OF THE GOODS
- IMPORTANT NOTE
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).
- You shall be responsible for any losses, expenses, or other costs incurred by us which are caused by:
(a) an untrue statement made deliberately by you; and/or
(b) the statement at clause 4 not being true.
GOODS THAT WE WILL NOT ACCEPT FOR REMOVAL
- We will happily remove most items you 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 licence;
(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 or 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;
(i) Any jewellery, including trinkets and watches, and precious stones or metal items made from precious metals or including precious stones;
(j) Any money, securities, financial or legal documents, including but not limited to share certificates and leases;
(k) Any collections of stamps, coins or other similar collectable items.
- If you intend to submit any such items for removal you must declare this to us in advance of the removal being undertaken. In such circumstances we shall not be obliged to remove the items in question unless we have confirmed in writing that we are willing to do so. If we do agree to remove or store the items in question we shall be entitled to charge extra in respect of the same. If you are not happy with extra charge levied then you shall be entitled to terminate this contract, before the removal commences.
- If we do agree to accept such items for removal then we shall not be liable for any loss or damage that occurs due to the special nature of sensitivities of the goods involved. Other than this exclusion we remain liable for other losses as we would under the balance of this contract.
- If such items are removed by us without our knowledge and written agreement to do so then we shall not be liable for any loss or damage to those items whatsoever including but not limited to that occurring due to the special nature or sensitivities of the goods involved. Furthermore, in such circumstances you shall be responsible for any losses, expenses, or other costs incurred by us which are caused by the special nature of the items in question, such as but not limited to clean up costs and damage of other goods.
WHAT WE SHALL DO
- We shall:
(a) pack the goods, if requested and have agreed to do so;
(b) remove them at the agreed time and date and deliver to the delivery address;
(c) unpack them, if requested and have agreed to do so;
We shall at all times care for the goods whilst they are in our custody and control showing all reasonable care in circumstances. We furthermore will endeavour to act and undertake our obligations at all times in a professional manner.
- We shall only remove or deliver items into a loft, or similar space, which shall not be limited to being adequately lit and floored, and the access to it being safe.
- We hold insurance, with a specialist insurer, to cover our potential liability to you for loss of damage to your goods or for losses arising from delay up to the level of liability under this contract. The insurance is subject to terms and policy excess. If you would like more detail as to the level of insurance we hold we would be delighted to refer you to our insurance brokers who will discuss the level of cover provided with you.
WHAT WE WILL NOT DO
- There are certain things that we do not do and which are not covered under this contract. They are:
(a) dismantling or assembling flat pack furniture, or a property’s filament 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) removing storage heaters unless they are already disconnected and adequately dismantled.
- Our staff are not authorised or qualified to carry out such work. We recommend that a proper qualified person be separately employed by you to carry out these services.
- We do not arrange insurance to cover your goods. We are unable to offer this service due to FCA regulation on the sale of insurance.
- The quotation provided is for a fixed price for the work presented. It is based on our contracting to remove the goods subject to these terms and conditions.
- The quotation will remain open for a period of 28 days from the date of quotation. After then it shall be treated as having been automatically withdrawn.
- The contract will be formed when you sign, where indicated, and return the quotation to us. This will form a legally binding contract between you and us. That contract will be subject to terms and conditions. You should only sign and return the quotation if you are happy with the quotation if you are happy with the quotation and these contract terms and conditions and wish to enter into a legally binding contract on these terms and conditions.
- If you make any amendment to the quotation when returning it to us then this will not act as an acceptance of the quotation. But, if we decide to go ahead with the removal or storage, subject to the amendment then it will 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.
- 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 3 months of acceptance of the quotation;
(b) The work being undertaken on a weekend or public holiday;
(c) Collection or delivery other than to the ground or first floor of a property;
(d) Removal of extra goods that have not been shown of 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 easy movement of 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;
(k) The total value of goods being in excess of £10,000
(l) Late key release. Waiting time shall apply from 2.00pm if we are unable to gain access to the off-load address.
- If the removal does include any of the matters set out at clause 20, 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.
- The quotation shall not under any circumstances include a charge for arranging or otherwise procuring insurance over the goods themselves during the removal.
DECLARATION OF VALUE
- The value of the goods, for the purpose 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 or old” basis.
- Under the terms and conditions of this contract we have assumed that the value of the goods submitted for removal 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 to a total of £10,000.
- However, we do not know the value of the goods to be submitted for removal. We are giving you the chance to discuss and agree different amounts from that set out at clause 24. If the goods are worth more than £10 000, we ask that you tell us and declare the actual value as soon as possible.
- 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 out total potential liability for loss and/or damage to the goods under this contract from £20,000 to the value you have declared.
- 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 25, the value if your goods if you wish for our total potential liability for loss and damage to the goods to be more than £10,000;
(b) Being present, either yourself or through a representative, throughout the collection and delivery of the goods;
(c) Checking that all goods are both collected and delivered;
(d) Checking that nothing is collected/delivered in error;
(e) Obtaining all necessary permits, licences, customs documents etc that are necessary for the removal to take place;
(f) Preparing the property and goods for the removal, including but not limited to disconnecting all relevant appliances and electronic equipment and emptying and de-frosting any fridges and freezers;
(g) Arranging proper security and protection for any goods that will be left in premises which will be unattended or to which third parties may have access either prior to collection or following delivery.
- You must, before the commencement of the removal, provide us with a contract address and contact details which we can use if we need to contact you during removal. If these details change you must inform us. If we contact you in writing using the details you have provided we will be entitled to assume that you have duly received communication from us.
- If you wish for your goods to be insured whilst being removed or stored you must arrange this. We cannot arrange such insurance due to FCA Regulation. However, we do maintain insurance of our own to cover our potential liability to you for loss and/or damage to your goods or for losses arising from delay up to the level of liability under this contract.
- You shall be responsible for any losses, expenses or other costs incurred by us arising from your failure to attend to any of the matters set out at clauses 27-30 unless that loss was in fact caused by our negligence.
PAYMENT OF OUR CHARGES
- Clauses 32-35 set out the basis on which our charges must be paid, unless we agree otherwise.
- You will pay for all removal services, at the agreed rate, prior to the commencement of the removal. This term is important to the contract and unless we are paid with cleared funds prior to the commencement of the removal we shall be able to treat the removal as cancelled on the date of the removal.
- You will pay any other charges or monies that become due or payable under this contract within 30 days of us sending you an invoice or request for the same.
- Interest shall accrue and you shall pay it on all overdue or outstanding monies at a rate of 4% above the base rate of the Royal Bank of Scotland plc.
- 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 of storage in a manner that we think is appropriate including:
(a) subcontracting all or part of a job to another removal company;
(b) choosing the route we think is most effective; and
(c) using such vehicles, containers and methods of transport 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
- 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.
- 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.
- 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 repairs, as defined by clause 23, above.
- If goods are damaged but can be repaired then our liability will be, at most, the repair cost plus the amount the goods have reduced in value, if at all, because of the repair.
- In respect of any particular item our liability will not, under any circumstances exceed the value of the item in question, as defined in clause 23 above.
WHAT WE WILL NOT BE LIABLE FOR
IMPORTANT NOTE. THESE TERMS EXCLUDE AND LIMIT OUR RESPONSIBILITIES TO YOU
- We shall not be responsible for the first £250 of any claim for loss or damage to goods (policy excess)
- We shall not be responsible for any claim for loss or damage to goods or delay where the total claim amounts to less than a total of £250.
- Where any item forms part of a set we shall not be liable for more than the value of that particular item, without reference to any special value which such item may have been part of a pair or set.
- We shall not under any circumstances be responsible or liable for any consequential or indirect losses, including but not limited to loss of profits or lost opportunity.
- Other than where losses occur because of negligence on our part we will not be liable for losses arising from:
(a) War, invasion, acts of foreign enemies, hostilities, (whether declared or not), civil war, terrorism, rebellion and/or coup, Act of God, industrial action or other events outside of reasonable control;
(b) Normal wear and tear, ageing, natural or gradual deterioration, leakage or evaporation;
(c) Incidence of moths, vermin or similar infestation;
(d) Cleaning, repairing or restoring, unless we agreed to the work;
(e) Electrical or mechanical derangement to any appliance or equipment unless there is evidence of external impact damage;
(f) Any inherent defect in the goods;
(g) Changes of atmospheric or climatic conditions;
(h) Damage to motor bikes or other motor vehicles moving unless we have issued a pre-collection condition report;
(i) Damage to any motor bike or other motor vehicle moving under its own power other than during the normal course of loading and unloading.
- Other than where losses occur because of negligence on our part we will not be liable for:
(a) Loss or damage to the goods that occurs before we have taken possession, custody and control of the goods;
(b) Loss or damage to the goods that occurs after we have delivered or handed over the goods to you or a party nominated by you;
(c) Loss of goods that have not been packed and unpacked by us. This includes goods packed in wardrobes, drawers, cases, boxes or any other type of container.
(d) Damage to goods arising from the normal handling of those goods where those goods have not been both packed and unpacked by us. This includes goods packed in wardrobes, drawers, cases, boxes or other types of container regardless of the apparent quality of the packaging.
- We shall not be responsible or liable if you submit for removal any of the goods listed at clause 6, without our agreement in accordance with clause 7. Such goods shall be removed entirely at your risk.
- If we do agree, in accordance with clause 7, to remove any goods set out at clause 6 then our liability for loss and damage to them should be limited as set out in clause 8.
- No employee of ours shall be separately liable to you for any loss, damage or delay or other breach of this contract.
DELAYS IN TRANSIT
- We shall not be responsible and shall not have to indemnify or compensate you in respect of any costs or losses arising from delay,
- 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 contract will be fulfilled and any additional service(s), including storage and delivery will be provided in accordance with these terms and conditions at your expense.
DAMAGE TO ITEMS OR PROPERTY OTHER THAN THE GOODS BEING REMOVED
- 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.
- In any event we shall only be liable for damage to the premises or property, other than the goods being submitted for removal, where such damage arises due to negligence on our part.
- Where damage to premises or property, other than the goods being submitted for removal, does occur we must ask that you inform us immediately and note the damage on the worksheet or delivery receipt. In the absence of such notification, we will not be able to accept any liability for the damage.
NOTIFICATION OF CLAIMS & TIME LIMITS FOR CLAIMS
- In cases where we deliver goods you must notify us of any visible loss, damage or failure to produce any goods at the time of delivery. This should be noted on the worksheet or delivery receipt.
- If we do not deliver then you must notify us of any visible loss, damage or failure to produce any goods at the time when you, or your representative, take possession of the goods. This should be noted on the worksheet or delivery receipt.
- 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 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.
OUR RIGHT TO WITHHOLD OR DISPOSE OF GOODS (LIEN)
- We may keep hold of all or some of your goods until you have paid all the charges you owe us, even if unpaid charges do not relate to those goods.
- Furthermore we may sell all or some of your goods to recover any unpaid charges. We can only do this after giving you 30 days written notice that we intend to do so. If we do sell any of your goods, and the proceeds from the sale are greater than the amount you owe us, we will pay you any excess amount after deducting the cost of selling the goods.
ADVICE, INFORMATION AND BASIS OF AGREEMENT
- In this document we set out terms and conditions of the contract between us. Please do not rely on promises or claims, written or verbally made, that contradict terms and conditions of this document. In the event of any apparent contradiction between these terms and conditions and a promise or claim made refer to us for clarification.
LAW AND JURISDICTION
- This contract shall be subject to exclusive English law and jurisdiction
- The provisions contained in this contract are considered fair and reasonable by the parties but if any provision shall be found to be unenforceable but would be valid if any part of it would be deleted or modified, the provision shall apply with such notification as may be necessary to make it valid and effective.