Terms & Conditions
These Conditions set out the rights and obligations of the remover ( we-us-our ) and the customer ( you-your ). These Terms and Conditions can only be changed with the prior written agreement of both the remover and the customer.
Quotation
1.0 Our quotation is an inclusive price and if moving abroad does not include customs duties , inspections or any other fees or taxes payable to any statutory body. Any such duties or fees due will be payable by you in addition to the price stated in the quotation.
Amendments
2.0 We reserve the right to amend the price stated in the quotation to take account of changes of circumstances which were not taken into account when preparing our quotation and are confirmed to us in writing.
Such factors may include the following :-
2.1 Where the work is not carried out within 3 months of the date stated in the quotation.
2.2 Increased costs resulting from currency fluctuations or changes in taxation, freight charges
or increased road fuel prices.
2.3 We have to collect or deliver goods at your request to above ground and first floor and were
not made aware of this at time of quotation.
2.4 We supply any additional services.
2.5 The work is carried out outside normal working hours ( 8.00 am to 6.30 pm ) at your request
after the quotation is given. Extra charges will also apply if the move is carried out on a
Saturday, Sunday or Bank Holiday.
2.6 We are requested to provide additional services not included in the quotation, including the
moving or storing of extra goods.
2.7 We are unable to access the collection or delivery point or such access is inadequate or
inappropriate for our vehicles. If access is not possible then we may offer the alternative for
you to hire at your expense a smaller vehicle. We will then tranship the load piece-meal and
will charge for the extra time needed on a pro rata basis. If our driver is required to drive the
hired vehicle then all insurance cover for the vehicle and goods carried must be organised and
paid for by yourselves.
2.8 We have to pay parking or parking penalty charges.
2.9 There are delays or events outside our control which increase the cost or resources required to
complete the work.
2.10 Our quotation does not constitute a contract and accordingly there is no contact between us
until you have returned the ‘Acceptance’ form duly signed and dated with the appropriate
deposit paid and we have confirmed receipt of such form. The contract will then be on these
Terms and Conditions.
Additional Work
3.0 Unless otherwise agreed in writing the following is not included in the quotation.
3.1 Dismantling or assembly of units including flatpack.
3.2 Disconnecting, reconnecting, dismantling or reassembling any appliances, fixtures, fittings or
equipment.
3.3 Taking up or removal of fitted floor coverings.
3.4 The movement of any item or items which our staff reasonably believe they cannot move
safely, whether due to its nature or position.
3.5 You are recommended to make arrangements for any such work to be provided for separately.
3.6 If you have requested and paid for a dismantling and/or reassembling service it is on the
express understanding that as we are dealing with previously erected goods, whilst all care will
be taken, we will not be liable for any damage howsoever caused.
Your Responsibilities
4. 0 You must
4.1 Declare in writing to us the value of the goods being removed.
4.2 Obtain at your own expense all permissions, consents, licences, permits or customs documents
required for the removal of the goods.
4.3 Be present either personally or through an authorised representative during the collection and
delivery process.
4.4 Prepare and stabilise all appliances prior to their removal.
4.5 Take reasonable precautions to prevent the unauthorised removal of goods not belonging to
you and check to ensure that all your goods are duly removed.
4.6 Provide proper protection for goods left unattended or in unoccupied premises.
4.7 If you have elected to pack yourself then all packing to be completed by the time of
commencement of move. If this has not happened and it adds unforeseen time to the move
then extra charges will apply pro rata to price quoted.
4.8 Empty, defrost and clean refrigerators and freezing equipment.
4.9 In addition you must provide us with contact details during the removal process including
transit and/or storage of goods to the point of delivery.
4.10 We will not be liable for any loss, damage, cost or additional expense that may occur as a
result of your failure to fulfil these obligations unless by reason of our own negligence or
breach of contract.
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Ownership of Goods
5.0 You confirm to us that the goods being removed are your property or that you have the authority of the owner to enter into this contract in relation to the removal of the goods and storage thereof.
5.1 You undertake to indemnify us for any claims and keep us indemnified against any claims resulting from any breach by you of clause 5
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Excluded Goods
6.0 Unless previously agreed by us in writing by a director the following items are excluded from this contract and will not be removed.
6.1 Prohibited, stolen goods, drugs, pornographic material, potentially dangerous, damaging or
explosive items such as aerosols, paints and firearms and/or ammunition. Also gas in any form
or bulk liquids including oils, fuels and/or cleaning products.
6.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins
or collections of any similar kind.
6.3 Any goods likely to encourage vermin or other pests or to cause infestation or contamination.
6.4 Perishable items and/or those requiring a controlled environment or refrigerated or frozen food
or drink.
6.5 Animals, birds, fish or any livestock.
6.6 Goods requiring any licence or government consent for export or import or any movement
contemplated within the removal.
6.7 If we do agree to remove any such goods we will not accept any liability for loss or damage
unless we are negligent or in breach of contract. If you submit any such goods without our
knowledge we will make them available for your collection and if you do not collect such goods
within a reasonable time we reserve the right to take further steps in relation to the disposal of
any such goods. You must indemnify us against any additional charges, expenses, damages,
costs or claims incurred by us as a result.
6.8 We accept no liability for any garden furniture, pots, plants etc due to the nature of weathering
that can make such items unstable and brittle.
6.9 We will not cross lawns or other surfaces that are unreasonably wet/muddy/soggy or in any
other way that would affect safety or the ability for us to remain in a clean and tidy condition.
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Postponement and Cancellation
7.0 If this agreement is postponed or cancelled we may charge you depending on the amount of
notice given. Our charges are as following:-
7.1 More than 7 days before booked date – no charge.
7.2 Between 3 and 7 days before booked date :- up to and not more than 20% of the removal
charge.
7.3 Less than 3 days before the booked date :- the full amount.
7.4 For this purpose working days include Mondays to Fridays other than public holidays.
7.5 If cancellation is with more than 7 days notice and a deposit has been paid and/or boxes
delivered, then we will make a nominal charge to cover the cost of delivery/collection/
cancellation .
7.6 If key exchange does not happen on the removal day after we have loaded then we will
arrange storage for your goods at your cost. We will then reorganise your re delivery at the
same cost to you of the original booked move.
7.7 If key exchange/access happens after 5.00 pm then we reserve the right to unload the following day.
This option will be considered if the unload is likely to be completed after 9.00 pm.
The calculation used for this is that the unload time is usually 2/3 rds of loading time.
In this circumstance then a pro-rata rate to the move itself will be levied.
This option is usually only considered, but not restricted to, the larger/long distance moves.
7.8 If a move is cancelled and a box delivery has been effected then the deposit may be returned
( subject to 7.1 7.2 7.3 ) less a minimum charge dependent on distance of £15 each for
delivery and collection.
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Payment
8.0 You must pay our charges so that we have cleared funds in advance of the removal.
8.1 We will accept cash payment on the day of the removal only if agreed prior and stated on the ‘Acceptance’ form.
This has to be paid prior to the commencement of loading.
8.2 You must not withhold any part of the agreed price.
8.3 We reserve the right to charge interest on overdue amounts.
8.4 Payment terms may only be varied with our written agreement in advance.
8.5 There is no agreement to conduct your move on any agreed date until a £100 (minimum) deposit has been paid and we have confirmed availability.
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This will guarantee your move date and be subject to
Postponement & Cancellation as 7.2
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Our Liability for Loss or Damage
9.0 Our liability for negligence or breach of contract or otherwise under common law in relation to your goods is limited to the value declared to us under Clause 4.1 or £30,000 whichever is the least. If no such value is declared, or if you so elect, for the maximum amount of £50 per item. In this respect an item is defined as any one article, suite, pair, set, complete case, package, carton or other container. These limits may affect the quotation.
9.1 We are not liable on a ‘ new for old ‘ basis for any lost or damaged goods.
9.2 We shall not be liable to the extent that loss or damage is caused or contributed to by moving
goods under your express instructions against our advice and in a manner that is likely to cause
damage.
9.3 You must notify us as soon as possible of any damage to premises and to goods for removal
9.4 We offer insurance up to £30,000 or declared valuation.
9.5 We shall not be liable for damage to flat pack units that we are asked to move in their
completed state.
9.6 We shall not be liable for scuffs or other removal marks to soft furnishings and/or mattresses
that are not protected or that we have not been requested to supply and fit such coverings and
protection to.
9.7 In clauses 4, 9, 10, 11 and 12 we set out our liability to you for loss and damage to your goods
and premises. Please read these clauses carefully.
9.8 In respect of payment being made in the unlikely event of a damaged item, then this payment
is subject to the said item becoming the property of Smooth Moves Removals Ltd.
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Excluded Risks
10.0 We are not liable for the following.
10.1 Loss or damage to cars or other motor vehicles unless carried in an enclosed vehicle or trailer
specially constructed for the purpose.
10.2 Electrical and mechanical derangement, unless shown to be as a result of physical external
damage to the item concerned or as a result of fire, flood,collision or overturning of road
vehicle or other conveyance.
10.3 Breakage, scratching, denting, chipping, staining and tearing of items packed by you
including trunks, suitcases and the like unless reasonably attributed to physical damage to
such items caused by collision or overturning of road vehicle or other conveyance. To
reiterate and clarify self packed items are not covered.
10.4 This policy shall also exclude claims for missing items unless an inventory is supplied by you
and approved by us prior to the move.
10.5 Loss or damage which occurs prior to collection or packing by us or after delivery or
unpacking by us.
10.6 Loss or damage to jewellery, watches, trinkets, precious stones, precious metals, coins,
money, deeds, bonds, securities and stamps or collections of a similar kind.
10.7 Loss or damage caused by wear and tear, general deterioration, warping or shrinkage, moth or vermin unless it can be reasonably demonstrated that such loss or damage arose as a result
of our actions or failings.
10.8 Any consequential loss.
10.9 Loss or damage to refrigerated or frozen food and/or drink, plants, house plants, brittle
objects, including plastic items with inherent defects howsoever caused and/or goods likely to
encourage vermin and other pests to cause infection. Outdoor garden pots and containers
are specifically excluded form any cover.
10.10 Prohibited or stolen goods, drugs, potentially dangerous, damaging or explosive items
including gas bottles, aerosols, paints, firearms and/or ammunition.
10.11 Animals and their cages or tanks including pets, birds or fish.
10.12 Mysterious disappearance of customers goods in transit unless evidence ( inventory ) can be
provided to prove beyond reasonable doubt that the loss is solely attributable to the dishonest
actions of an employee.
10.13 None of our employees will incur any liability to you.
10.14 If the value of your goods in store or in transit is, at the time of loss or damage, collectively of
greater value than the value declared, then you will bear the equivalent proportion of the
claim in the same ratio as the actual value exceeds the declared value.
10.15 Our liability is limited to the reasonable cost of repair and no claim will be considered in
respect of any depreciation in value of any item as a result of such repair.
10.16 Where any item consists of items in a pair or set, we will not pay more than the value of any
particular part or parts which may be lost or damaged, without reference to any special value
which such part or parts may have as part of a pair or set, nor more than a proportionate part
of the declared value of the pair or set.
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Delays In Transit
11.0 Unless specifically agreed all arrival and departure times are estimates only.
11.1 If a specific timetable is agreed in writing between us and any delay within our reasonable control occurs we will pay for your reasonable expenses resulting from our failure to keep to the agreed written timetable. If through no fault of ours we are unable to deliver your goods and take them into storage then any additional storage charges and delivery charges incurred as a result will be at your expense.
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Time Limit For Making a Claim
12.0 You must notify us of any loss or damage within 7 days of the collection of goods by you or their delivery by us to their destination unless we agree in writing to an extension of this time limit. If you fail to make a notification to us of such loss or damage within this time scale we will not be liable.
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Witholding or Disposal of the Goods
13.0 We have the right to withhold and/or ultimately dispose of some or all of the goods until you have paid our charges and any other monies due under this or any other agreement between us. This specifically applies to potential claims for loss or damage that are reported to us before the move is completed.
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Subcontracting
14.0 We reserve the right to sub –contract part or all of the work provided for under this agreement in which case these Terms and Conditions will continue to apply in full.
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Applicable Law
15.0 These Terms and Conditions are subject to the Law of England and Wales.
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Whole Agreement
16.0 These Terms and Conditions together with our quotation form the whole agreement between us and all other correspondence or oral discussions or representations are excluded.
Termination
17.1 We may terminate this contract on three months notice in writing or after three months following the quotation date. If you wish to terminate this agreement whilst your goods are in our storage you must give at least 10 working days notices in writing. You remain liable for charges for storage up to the date of release of the goods to you.