Terms & Conditions
A) These terms and conditions of business set out the basis
upon which Removalgroup will arrange removals and/or storage
of your goods with nominated Removal Contractors on your
behalf. References throughout these terms and conditions
to “you”/“your” refer to the customer
of Removalgroup (and where referred to in the removal terms
and conditions section set out below, the customer of the
Removal Contractor).
B) Where removals and/or storage are paid for in full and/or
paid for in part by a property developer any references to
payment of removal costs and ancillary charges as referred
to within these terms and conditions will, subject to confirmation
in writing from the property developer to you, constitute
reference to payment of those costs/charges by the property
developer. However for the avoidance of doubt the removal
terms and conditions referred to below will still apply to
any removal services carried out by a Removal Contractor
on your behalf. You are strongly advised to liaise with your
property developer and/or Removalgroup in relation to any
services excluded from the removal under the removal terms
and conditions set out below, and coverage (or not) by the
property developer for costs for those additional services
(if any).
C) Removalgroup are solely responsible for arranging removal
and/or storage with the Removal Contractor. Removalgroup
are not removers and provide no removal or storage services.
Removalgroup will arrange removal and/or storage services
with Removal Contractors on the basis of the removal terms
and conditions set out below (or substantially those terms
and conditions), save where agreed otherwise in writing between
Removalgroup and yourselves e.g. if a Removal Contractor
has specific removal requirements or terms outside or in
addition to the removal terms and conditions set out below.
D) The removal terms and conditions set out below contain
provisions which exclude and/or limit a Removal Contractors
liability for loss and/or damage to your goods and also set
out provisions governing insurance of those goods. You are
particularly referred to clause 3 (regarding insurance) clause
8 (exclusions and limitations of liability) and clause 12
(for damages to premises or property other than the removed
goods). The removal conditions also contain time limits for
claiming against a Removal Contractor (see clause 10).
E) Removalgroup will also be responsible for administration
of the removal/storage contracts. Accordingly any references
in the removal/storage terms and conditions set out below
relating to correspondence/notices/payments (including all
requests for increased limits of liability and/or notices
of claim) are to be sent by the customer to Removalgroup
at Mere Green House, 46-48 Mere Green Road, Sutton Coldfield,
B75 5BT. Correspondence can also be forwarded to House to
Home by fax to fax number 01213 080810.
F) Any disputes between you and House to Home are subject
to English law and to be determined by the English Courts.
REMOVAL/STORAGE Terms & Conditions
These conditions explain your rights, obligations, and responsibilities
and those of the Removal Contractor for removal/storage services.
Where these conditions use the word ‘you’ or ‘your’ it
means you as the removal customer, The Removal Contractor
means the Removal Contractor agreed with House to Home on
the removal customers behalf.
1. Quotation
The removal quotation issued by Removal Contractor (“the
quotation”) is a fixed price. Unless otherwise stated
on its face, it does not include insurance, customs duties
and inspections or any other fees payable to government bodies.
The Removal Contractor may change the quoted price for the
removal or make additional charges if any of the following
have not been taken into account when preparing the quotation
or, if separately confirmed by the Removal Contractor in
writing:-
(a) You do not accept the quotation in writing within 28
days, providing at the time of acceptance a firm removal
date which the Removal Contractor agrees in writing.
(b) By reason of your delay, the removal is not carried
out or completed within three months of the date of acceptance
of the quotation.
(c) The Removal Contractors’ costs increase (or decrease)
because of currency fluctuations (where applicable) or changes
in taxation or freight charges for reasons beyond their control.
(d) The work is carried out on a Saturday, Sunday or Public
Holiday at your request.
(e) The Removal Contractor has to collect or deliver goods
from/to above the ground and first upper floor of a property.
(f) The Removal Contractor supply any additional services
not included or requested to be included in the quotation,
including moving or storing extra goods (these conditions
will apply to such work in any event).
(g) The stairs, lifts or doorways at the property/ies are
inadequate for free movement of the goods without the need
for mechanical equipment or structural alteration, or the
approach, road or drive to the property/ies is unsuitable
for the Removal Contractors’ vehicles and/or containers
to get to and load and/or unload within 20 metres of the
doorway, and as a result the Removal Contractors have to
carry out extra work not included within the quotation.
(h) Any parking or other fees or charges that have to be
paid by the Removal Contractor in order to carry out the
removal services on your behalf.
(i) There are delays or events outside the Removal Contractors
reasonable control.
(j) The Removal Contractors are asked to agree in writing
to increase their limit of liability (as set out in clause
8 of these conditions).
In all these circumstances a revised quotation will be put
forward and, if agreed, you will pay the adjusted charges.
2. Work not included in the quotation
Unless agreed by the Removal Contractor, in writing, they
will not, as part of the quoted removal services:
(a) Dismantle or assemble unit or system furniture, fitments
or fittings.
(b) Disconnect or reconnect appliances, fixtures, fittings
or equipment.
(c) Take up or lay fitted floor coverings.
(d) Move storage heaters, unless they are dismantled.
(e) Move items from a loft or cellar, unless properly lit,
and floored and safe access is provided.
(f) Move or store any items excluded under clause 4 of these
conditions.
The Removal Contractors staff will not be authorised or
qualified to carry out such work. It is recommended that
a properly qualified person is separately employed by you
to carry out these services, if required.
3. Your responsibility
It will be your sole responsibility to:
(a) Declare to the Removal Contractor the value of the goods
being removed and/or stored.
(b) If any insurance cover offered by the Removal Contractor
in the quotation and is not accepted (and paid for in advance
of the start of the removal) arrange adequate insurance cover
for the goods submitted for removal, and/or storage, against
all insurable risks,
(c) Obtain at your own expense, all documents, permits,
licences, and/or customs documents necessary for the removal
to be completed.
(d) Be present or represented throughout the removal.
(e) Take all reasonable steps to ensure that nothing that
should be removed is left behind and nothing is taken away
in error.
(f) 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.
(g) Prepare and properly stabilise all appliances or electronic
equipment prior to their removal.
(h) Empty, properly defrost and clean refrigerators and
deep freezers. The Removal Contractors are not responsible
for the contents of this equipment.
(i) Provide House to Home and the Removal Contractor with
a contact address for correspondence during removal, and/or
storage of goods.
Other than by reason of the Removal Contractors negligence,
they will not be liable for any loss or damage, costs or
additional charges that may arise from any of these matters.
4. Goods not to be submitted for removal or storage
The following items are specifically excluded from this
contract unless otherwise agreed as below.
(a) Jewellery, watches, trinkets, precious stones or metals,
money, deeds, securities, stamps, coins, or goods or collections
of any similar kind.
(b) Prohibited or stolen goods, drugs, potentially dangerous,
damaging or explosive items, including gas bottles, aerosols,
paints, firearms and ammunition.
(c) Plants or goods likely to encourage vermin or other
pests and/or plants or goods likely to cause infestation.
(d) Refrigerated or frozen food, drink, products or goods.
(e) Any animals and their cages or tanks including pets,
birds or fish.
(f) Goods which require a special licence or government
permission for export or import.
Such goods will not be removed by the Removal Contractor
except with their prior written agreement. In the event that
they do remove such goods, the Removal Contractor will not
accept liability for loss or damage wholly or mainly attributable
to the special nature of the goods concerned. If you submit
such goods without the Removal Contractors knowledge and
prior written agreement they will not be liable for any loss
or damage and you will indemnify the Removal Contractor against
any charges, expenses, damages or penalties claimed against
them. In addition, the Removal Contractor shall be entitled
to dispose of (without notice) any such goods which are listed
under paragraphs 4(b), 4(c) or 4 (d).
5. Ownership of the goods
By entering into this contract, you declare that:
(a) The goods to be removed and/or stored are your own property,
or
(b) The person(s) who own or have an interest in them, have
given you authority to make this contract, and have been
made aware of these conditions.
You will meet any claim for damages and/or costs against
the Removal Contractor if these declarations are not true.
6. Charges if you postpone or cancel the removal
If you postpone or cancel this contract, the Removal Contractor
may charge according to how much notice is given. Notification
must be in writting by recorded delivery or electronic medium
that can provide proof of time and date stamp.
(a) More than 10 working days before the removal was due
to start: NIL payable.
(b) Less than 10 working days, but more than 8 working days
before the removal was due to start: 30% of the full removal
charge.
(c) Less than 8 working days, but more than 2 working days
before the removal was due to start: 60% of the full removal
charge.
(d) Within 48 hours of the start of the removal, 100% of
the full removal charge (the start of the removal is viewed
as the first day that the removal crew are due to be present
at the property)
7. Paying for the Removal
Unless otherwise agreed by the Removal Contractor in writing:
(a) Payment is required, by cleared funds in advance of
the removal or storage period.
(b) You may not withhold any part of the agreed price.
(c) We accept most major Debit and Credit cards. Please
note there is a charge of 2.9% for all Credit Card transactions.
8. Our liability for loss or damage
For the purposes of this clause, reference to an item is
reference to any one article, suite, pair, set, complete
case, carton, package or other container.
(a) The Removal Contractors liability for loss or damage
is limited. This is set out in
clause 8(a)(i) below. You may request the Removal Contractor
increase their liability, as set out in clause 8(b) below.
This is subject to their express written agreement in advance
of carrying out the removal and/or storage and payment of
any additional charges.
(i) In the event of the Removal Contractor losing or damaging
your goods, if they are
liable, the Removal Contractor will pay you up to a maximum
sum of £40.00 sterling for each item which is lost
or damaged, to cover the cost of repairing or replacing that
item.
OR
(ii) The Removal Contractor, in their sole discretion, may
choose to repair or replace the damaged item. If an item
is repaired the Removal Contractor will not be liable for
depreciation in value.
(b) Subject to receiving your itemised (and valued) inventory
with a request in writing for the Removal Contractor to increase
their liability (above that set out in clause 8(a) above),
prior to the removal and/or storage commencing, the Removal
Contractors may offer to extend their maximum liability to
the value declared by you to them. An additional charge for
the removal/storage is likely. This is not an insurance on
the goods and you are strongly advised to accept the insurance
offered in the Removal Contractors quote (if any) or if arranging
insurance cover yourself, you are advised to show this contract
to your insurance company.
(c) Other than by reason of the Removal Contractors negligence,
they will not be liable for
any loss, damage or failure to produce or deliver the goods
if this is caused by one or other of the circumstances set
out in the following:
I. By fire, howsoever caused.
II. By war, invasion, acts of foreign enemies, hostilities
(whether war is declared or not), civil war, terrorism, rebellion
and/or military coup, Act of God, industrial action or other
such events outside the Removal Contractors reasonable control.
III. By 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.
IV. By moth or vermin or similar infestation.
V. By cleaning, repairing or restoring unless the Removal
Contractors did the work.
VI. To any goods in wardrobes, drawers or appliances, or
in a package, bundle, case or other container not both packed
and unpacked by the Removal Contractor.
VII. For electrical or mechanical derangement to any appliance,
instrument or equipment unless there is evidence of external
impact.
VIII. To jewellery, watches, trinkets, precious stones or
metals, money, deeds, securities, stamps, coins, or goods
or collections of a similar kind, howsoever caused, unless
you have previously given the Removal Contractor full particulars
with value, and they have confirmed in writing that they
accept responsibility as in conditions 8(a) or 8(b) above.
IX. To any goods which have a relevant proven defect or
are inherently defective.
X. To animals and their cages or tanks including pets, birds
or fish.
XI. To plants.
XII. To refrigerated or frozen food, drink, products or
goods.
(d) Other than by reason of the Removal Contractors negligence,
the Removal Contractor will not be liable for damages or
costs resulting indirectly from, or as a consequence of loss,
damage, or failure to produce the goods.
(e) No employee of the Removal Contractor shall be separately
liable to you for any loss, damage, mis-delivery, errors
or omissions under the terms of this contract.
9. Extra conditions that apply to removals to/from a foreign
country outside the United Kingdom:For goods destined to,
or received from a place outside the United Kingdom.
(a) The Removal Contractor will accept liability only for
loss or damage to goods when they are in the Removal Contractors
actual possession, and if it can be proven that they were
negligent. In such circumstances, the Removal Contractors
will accept liability as in condition 8(a)(i) or 8(b) above.
The Removal Contractor are not liable for any loss, damage
or failure to produce the goods if it is caused by those
circumstances set out in condition 8(c) above.
(b) Where the Removal Contractor engages an international
transport operator, shipping company or airline, to convey
your goods to the place, port or airport of destination,
they do so on your behalf and subject to the terms and conditions
set out by that carrier. By agreeing to these terms you confirm
their availability to appoint such party on your behalf.
(c) If the carrying vessel/conveyance, should for reasons
beyond the carrier’s control, fail to deliver the goods,
or route them to a place other than the original destination,
you may have limited recourse against the carrier, and may
be liable for General Average contribution (e.g. the costs
incurred to preserve the vessel/conveyance and cargo) and
salvage charges (eg. charges payable to a person who saves
those goods), or the additional cost of onward transmission
to the place, port or airport of destination. These are insurable
risks and if appropriate it is your responsibility to arrange
adequate marine/transit insurance cover. These risks will
not be insured by the Removal Contractor.
(d) The Removal Contractors do not accept liability for
goods confiscated, seized or removed by Customs Authorities
or other Government Agencies.
10. Time limit for claims
(a) For goods which the Removal Contractors deliver, you
must note any visible loss, damage or failure to produce
any goods at the time of delivery.
(b) If you or your agent collect goods from the Removal
Contractors warehouse, you must note any loss or damage at
the time the goods are handed to you, requesting that the
Removal Contractor acknowledges and confirms your note.
(c) Notwithstanding clause 8, the Removal Contractor will
not be liable for any loss of or damage to the goods unless
a claim is notified to the Removal Contractor (or their foreign
correspondent if condition 9 applies) in writing as soon
as such loss or damage is discovered (or with reasonable
diligence ought to have been discovered) and in any event
within seven (7) days of delivery of the goods by the Removal
Contractor, as the case may be.
(d) The time limits referred to in clauses 10(a), 10(b)
and 10 (c) above shall be essential to the contract.
(e) Upon your written request, the Removal Contractor may
at their discretion agree to extend your time for compliance
with clause 10 (c), PROVIDED your request is received within
the time limits provided for above. Subject to this proviso
the Removal Contractor will not unreasonably refuse such
a request.
11. Delays in transit
(a) Other than by reason of the Removal Contractors negligence,
they will not be liable for delays in transit.
(b) If through no fault of the Removal Contractor they are
unable to deliver your goods, e.g. late arrival of keys to
the property/ies preventing completion of the removal service
on the allocated day, the Removal Contractor will take them
into store. The contract will then be fulfilled and any additional
service(s), including storage and delivery, will be at your
expense.
(c) If through no fault of the Removal Contractor they are
unable to complete the removal services on the stated delivery
date due to delay on your part the Removal Contractor may
be entitled to ask for additional charges, such as for extra
waiting time.
12. Damage to premises or property other than goods
(a) The Removal Contractor will not be liable for any damage
to premises or property other than goods submitted for removal
and/or storage unless they have been negligent.
(b) If the Removal Contractors cause damage as a result
of moving goods under your express instruction, against the
Removal Contractors advice, and to move the goods in the
manner instructed will inevitably cause damage, they shall
not accept that they were negligent.
(c) If the Removal Contractors 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. This is essential to the contract.
13. Right to Hold the Goods (lien)
The Removal Contractors shall have a right to withhold and/or
ultimately dispose of some or all of the goods until you
have paid all the Removal Contractors’ charges and
any other payments due under this or any other contract.
These include any charges that they have paid out on your
behalf. Whilst the Removal Contractors hold the goods without
payment you will be liable to pay all storage charges and
other costs incurred as a result of them withholding your
goods and these removal/storage terms and conditions shall
continue to apply.
14. Disputes
If there is a dispute arising from this agreement, which
cannot be resolved by agreement or any applicable Alternative
Dispute Resolution Scheme, either you or the Removal Contractor,
may refer it to Arbitration with disputes being determined
by an arbitrator appointed by the Chartered Institute of
Arbitrators. The identity of the Arbitrator to be agreed
between you and the Removal Contractor. This contract to
be subject to the law of the Country in which the Removal
Contractors principal place of business is situated.
15. Sub-contracting the work
(a) The Removal Contractors reserve the right to sub-contract
some or all of the work.
(b) If the Removal Contractors sub-contract, then these
conditions will still apply.
16. Route and method
(a) The Removal Contractors have the full right to choose
the route for delivery.
(b) Unless it has been specifically agreed in writing on
the Quotation, other space/volume/capacity on the Removal
Contractors vehicles and/or the container may be utilised
for consignments of other customers.
17. Advice and information
Advice and information in whatever form it may be given
is provided by the Removal Contractor for their customer
only. Any oral advice given without special arrangement is
provided gratuitously and without contractual liability.
EXTRA CONDITIONS THAT APPLY TO STORAGE OF GOODS
18. Your forwarding address
(a) If you send goods to be stored you must provide the
Removal Contractor with a correspondence address for letters
and notify them if it changes. All correspondence and notices
will be considered to have been received by you seven days
(7) after posting to the last address recorded by the Removal
Contractor.
(b) If you do not provide an address or respond to the Removal
Contractor’s correspondence or notices, they may publish
such notices in a public newspaper in the area to or from
which the goods were removed.
19. List of goods (inventory) or receipt
Where the Removal Contractor produces a list of your goods
(an inventory) or a receipt and sends it to you, it will
be accepted as accurate unless you write to them within seven
(7) days of receipt, notifying them of any errors or omissions.
20. Revision of storage charges
The Removal Contractor may review their storage charges
periodically. You will be given twenty eight (28) days notice
in writing of any increases.
21. Right to Sell or dispose of the Goods
On giving you twenty eight (28) days notice the Removal
Contractor is entitled to require you to remove your goods
from their custody and pay all money due to them. If you
fail to pay all outstanding debts due to the Removal Contractor
they are entitled to 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 with the removal company and any eventual
surplus after settlement of all money (and charges) due to
the Removal Contractor will be paid to you (without interest).
22. Termination
If payments are up to date the Removal Contractor will not
end this contract except by giving you three (3) calendar
months notice in writing. If you wish to terminate your storage
contract, you must give the Removal Contractor at least fourteen
(14) days notice. If they can release the goods earlier,
they will do so, provided that your account is paid up to
date. Charges for storage are payable to the date when the
notice should have taken effect.
23. Hand out charges
If you make your own arrangements to collect the goods from
the Removal Contractors’ warehouse they are entitled
to make a charge for handing them over. The Removal Contractors
liability will cease upon handing over the goods.
May 2004
Removalgroup
46-48 Mere Green Road
Sutton Coldfield
Birmingham
B75 5BT
