TERMS AND CONDITIONS OF SERVICES
These conditions explain your rights, obligations, and responsibilities and those of your contractor. The terms of these conditions cannot be varied other than by your and our mutual consent. Our consent can only be provided by John Eley - The Owner and must be evidenced in writing.
As explained in your invoice, by confirming your removal date and paying the non-refundable deposit you confirm that you are in agreement of these terms and conditions and these will be legally binding.
Definitions
Where reference is made to “you” or “your” it means you, the client entering into the agreement with us for services, the party to whom the quotation is addressed.
Where reference is made to “us”, “we” or “our”, it means us, J E & SON REMOVALS.
“Quotation” means our formal document setting out the quotation cost of your removal.
“Service” means the work to be undertaken by us.
“Goods” means the furniture and any other effects which are to be the subject of our services.
“Working days” refer to Monday to Friday and excludes weekends and bank holidays, unless otherwise agreed by you and us.
“Lien” is our legal right to hold your goods until you have paid all outstanding charges upon completion of our services.
1.Quotation
1.1 Our quotation is valid for 60 days and is a fixed-price.
1.2 All quotations are based on normal working hours, Monday to Friday, unless otherwise specified by us in writing.
1.3 If the removal varies from the original quotation or if we are prevented from or delayed in undertaking the move or any part thereof (except where that prevention or delay is caused by a factor out of our control), this may incur a reasonable additional charge.
1.4 We will take into account any potential key-waits and factor this into our quotation.
1.5 We create a full inventory of the contents of your property at the time of quotation to aid us in making sure your removal goes as smoothly as possible. We use this inventory on the moving day. Any extra items or furniture not included on the original inventory may incur an additional charge, this will be discussed with you during the move and will be payable on completion of the service.
1.6 It is SOLELY your responsibility to show us all items and rooms in/outside the property to ensure we provide the right quotation and the correct vehicles and staff on the day.
1.7 We will not usually provide a quotation without completing a pre-move survey at your property.
1.8 Quotes are valid for 60 days only and any length of time thereafter will require a new survey to be carried out by us where the price of the removal may change which could mean an increase in cost from the original quotation.
1.9 We may change the price or make additional charges if any of the following have not been taken into account when preparing our estimate and confirmed by us in writing:
(a) The work is carried out on a Saturday, Sunday or bank holiday, at your request.
(b) We supply any additional services, including moving extra goods, packing and dismantling and reassembling.
(c) Any parking or other fees or charges that we have to pay in order to carry our services on your behalf.
2. Work not included in the quotation
2.1 Unless agreed by us in writing, we will not:
(a) Dismantle or assemble a unit or system furniture (flat-pack), 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, unless properly lit, and floored, and safe access is provided.
3. Goods not to be submitted for removal
3.1 The following items are specifically excluded from this contract:
(a) Prohibited or stolen goods, drugs, potentially dangerous, damaging or explosive items including gas bottles, aerosols, paints, firearms and ammunition.
(b) Any animals and their cages and tanks including pets, birds and fish.
(c) Refrigerated or frozen food or drink.
(d) Contaminated or unhygienic materials or goods, which could cause infestation or illness.
3.2 Such goods will not be removed by us except with our prior written agreement. In the event that we do remove such goods, we will not accept liability for loss or damage wholly or mainly attributable to the special nature of the goods concerned.
3.3 If you submit such goods without our knowledge and prior written agreement we will not be liable for any loss or damage and you will indemnify us against any charges, expenses, damages or penalties claimed against us.
3.4 In addition, we shall be entitled to dispose of (without notice) any such goods which are listed under paragraphs 3.1 (a), (c), and (d).
4. Ownership of the goods
4.1 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 interest in them, have given you and us authority.
4.2 You will meet any claim for damages and/or costs against us if these declarations are not true.
5. Services
5.1 In providing the service, we undertake to:
(a) Use the required knowledge, behaviours, skills and training essential for the service.
(b) Ensure that all materials we use are of satisfactory quality and are fit for purpose.
(c) Comply with all applicable laws and regulations in force.
(d) Take due care of all goods in our possession.
5.2 We may use service partners or subcontractors for some or all of the work. If we do, these terms and conditions will still apply to you and us.
5.3 We have the right to choose the method and route by which to carry out the services.
6. Your responsibility
6.1 It will be your sole responsibility to:
(a) Obtain at your own expense, all documents necessary for the removal to be completed.
(b) Be present or represented throughout the removal.
(c) Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
(d) 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.
(e) Prepare adequately and stabilise all appliances or electronic equipment prior to their removal.
(f) Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
(g) Provide us with a contact address for correspondence during removal transit.
6.2 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 any of these matters.
7. Paying for the removal
7.1 Unless otherwise agreed by us in writing:
(a) Payment is required, by cleared funds on completion of the removal.
(b) You may not withhold any part of the agreed price.
(c) In respect of refusal to pay for our service we have the legal right to remove and withhold your goods until full payment is received. Please see “lien” in the definitions part of these terms.
(d) Payment can be made in cash, by credit/debit card or via bank transfer. Card payments are subject to a 2% administration charge.
(e) We require you to pay a deposit payment in advance at the time of booking. This will be deducted from your final payment due.
8. Deposit, postponement and cancellation
8.1 Unless otherwise agreed by us in writing:
(a) A non-refundable deposit of 20% of the total quotation will be due upon confirmation of booking and setting a firm removal date.
(b) We understand that sometimes you may need to change this date due to unforeseen circumstances and we appreciate that it may not be affordable for you to risk losing your deposit if this happens, so we will accept a change of removal date for a one-off fee of £50 to cover administration costs if the change is made up to 2 weeks prior to your original removal date.
(c) The one-off fee will be payable for every change of date made within the correct time-frame as set out in 8.1 (b).
(d) Any change made within the 2 weeks (13 days) leading up to the removal date will require you to pay a further non-refundable deposit of 20% to secure your new removal date.
(e) If you cancel the firm removal date completely, at any time, without arranging another removal date, the non-refundable deposit of 20% will not be returned to you.
9. Our liability for loss or damage
9.1 Limited liability
9.1.1 Unless otherwise agreed in writing:
(a) If we do not know the value of your goods we therefore limit our liability to a fixed limit per item.
(b) If we are negligent or in breach of contract we will pay you up to £50 for each item which is lost or damaged as a direct result of any negligence or breach of contract on our part.
(c) For the purposes of this agreement an item is defined as:
(i) The entire contents of a box, parcel, package, carton, or similar container.
(ii) Any other object or thing that is moved, handled or stored by us.
(d) If you wish us to increase our limit of liability per item, you agree to pay a higher price for the work, which will be agreed in writing prior to the removal date.
9.1.2 It is your responsibility to insure your goods.
9.1.3 We may choose to repair or replace the damaged or lost item. However, if we choose to repair the item, we will not be liable for any depreciation in its value.
9.1.4 We will not be liable for any claim in the event that you dispose of and/or replace the item/s before we have had the opportunity to assess the damage.
9.2 Standard Liability
9.2.1 We have a “Goods in Transit” policy which can be endorsed to cover a customer’s goods subject to the terms, limitations and exclusions of the policy.
(a) If you wish to benefit from any available cover in this regard, it is a strict condition of such cover and of these Terms and Conditions that you declare to us in advance, in writing, the value of the goods being removed (or otherwise forming part of our Services as the case may be) in a form of a signed valued inventory list before the Services take place (provided in pdf form via email or printed copy).
(b) The value to be used is the current value (not a new for old value). As our customer, you will have no enforceable rights under our policy, any such claims can only be made by us.
9.2.2 Any liability under clauses 9 (Limited liability) and (Standard liability) above is explicitly subject to all or any other applicable exclusions set out elsewhere in these Terms and Conditions (including clauses 10,11 and 12).
10. Damage to premises or property other than goods
10.1 Because the customers 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:
(a) If we cause the loss or damage as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.
(b) 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.
(c) As a strict condition of these Terms and Conditions, If we are responsible for causing damage, you must notify us as soon as it occurs and, in any event, before we leave the premises. This is fundamental to the agreement.
(d) In the event you do not notify us in accordance with this clause, we shall not be held liable for any such damage.
11. Additional exclusions of liability
11.1 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.
11.2 We shall not be liable for delays or failures to provide the services under this agreement as a result of war, invasion, 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, pandemic or other such events outside of our reasonable control.
11.3 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:
(a) 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.
(b)Moth or vermin or similar infestation.
(c) Cleaning, repairing or restoring unless we arranged for the work to be carried out.
(d) Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water.
(e) Any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us.
(f) Electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
(g) Any goods which have a pre-existing defect or are inherently defective.
(h) Perishable items (including food and drink whether frozen, chilled or otherwise) and/or those requiring a controlled environment.
(i) Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
(j) 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).
(k) Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of a similar kind, unless you have previously given us full information including value, and we have confirmed in advance in writing the level of cover in relation to those specific items and / or how we suggest they should be dealt with (as the case may be). Any such cover will be strictly subject to our terms of insurance and any relevant exclusions or limitations in our policy.
(l) Loss of or damage to china, glassware and fragile items, unless they have been both professionally packed and unpacked by us or our subcontractor. In the event of an accident involving an owner packed container where damage has occurred irrespective of the quality of the packing, our liability is limited to £50 or its actual value, whichever is less.
(m) Bonds, manuscripts and documents or electronically held data records, mobile telephones, laptops, desktop computers, tablets, computer network technology and such like, (unless there is evidence that we have acted negligently in relation to such damage).
(n) Plants, (unless there is evidence that we have acted negligently in relation to such damage).
(o) As to any broken glass coverings on pictures, our liability shall be capped at £25 per picture, (where there is evidence that we have acted negligently in relation to such damage).
(p) Any items referred to in clause 3.
11.4 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.
11.5 Our liability will cease upon handing over the goods to you or your authorised representative.
11.6 We will not be liable for any loss or damage caused by us or our employees or subcontractors in circumstances where:
(a) There is no breach of this agreement by us or by any of our employees or subcontractors, or any negligence on our part or their part.
(b) Any such loss or damage is not a reasonably foreseeable result of any such breach.
11.7 Nothing in this clause excludes or limits our liability to you for:
(a) Death or personal injury caused by our negligence.
(b) Our fraudulent misrepresentation.
(c) Any other liability that is not permissible to be limited or excluded under our law.
12. Time limits for claims
12.1 For goods which we deliver, you must give us detailed notice in writing of any loss and damage as soon as reasonably possible following delivery and in any event within 7 days of delivery by us.
12.2 In the event you do not notify us in accordance with this clause (12), we shall not be held liable for any such claims and our liability is excluded in that regard to the fullest extent permitted by law.
12.3 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.
13. Our rights to withhold or dispose of goods
13.1 We have a legal right to withhold or ultimately dispose of some or all of your goods until you have paid all our charges and other payments due under these Terms and Conditions.
13.2 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.
14. Disputes
14.1 If there is a dispute arising from these Terms and Conditions which cannot be resolved either you or we may refer the matter to the Ombudsman subject always to the rules of the scheme from time to time.
14.2 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.
15. Data and privacy
15.1 To enable us to provide you with your quotation, and to enable us to provide our services, we collect and hold personal information (such as your personal details and information concerning your proposed move forwarded to us), and on occasion photographs/videos taken to assist us with providing a quotation or assessing a claim.
15.2 By asking us to provide you with a quotation, you consent to the collection and use of information you have provided to us for the purposes described above.
15.3 We sometimes use pictures taken during the removal for advertising and promotional purposes on our website and social media account and we will always ask for your verbal consent before doing this.
15.4 If you do not give us consent to do this, we will not publicise them on the platforms mentioned above.
16. Whole agreement
16.1 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.
16.2 Should we mutually agree to any variation of these terms such variation should be confirmed in writing, (including email or text message).
16.3 Any variation however agreed shall not invalidate the remainder of these Terms and Conditions.
If you require a copy of these terms in a larger format, please let us know.