Terms and Conditions | Man and Van Removal Service London

TERMS AND CONDITIONS - YESREMOVALS

Our Quotation
a. our quotation, unless otherwise stated, does not include customs duties and inspections or any other fees or taxes payable to government bodies.
b. we may change the price or make additional charges if circumstances are found to apply which have not been taken into account

Work not included in the quotation
Unless agreed by us in writing, we will not:
a. Dismantle or assemble unit or system furniture (flat-pack), fitments or fittings.
b. Disconnect, reconnect, dismantle or reassemble appliances, fixtures fittings or equipment.
c. Take up or lay fitted floor coverings.
d. Move items from a loft, unless properly lit and floored and safe access is provided.
e. Undertake any work our staff are not authorised or qualified to carry out. We recommend that a properly qualified person is separately employed for such works.

Your responsibility
It will be your sole responsibility to:
a. Declare to us, in writing, the value of the goods being removed and/or stored. If it is subsequently established that the value of the goods removed or stored is greater than the actual value you declare, you agree that our liability will be reduced to reflect the proportion that your declared value bears to their actual value.
b. Obtain at your own expense all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.
c. Be present or represented during the packing, collection and delivery of the removal.
d. Ensure authorised signature on agreed inventories, receipts, waybills, job sheets or other relevant documents by way of confirmation of collection or delivery of goods.
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 and packaging for all goods to be removed in order that they may reasonably withstand transit. By transit we mean being stacked with other packed items within the interior of our vehicles and undergoing a journey to the destination address by proper protection we mean being stacked within boxes in such a way so as to reasonably withstand the weight of the items above without causing damage through either excess weight or spills/leakages of any kind. By proper packaging we mean bubble wrap, tissue paper, padding, packing peanuts, sturdy unused boxes and packing tape. Any items left unpacked or not adequately packed will not be covered by our goods in transit insurance. All items of Clothing must be packed by Yes Removals employees to be covered by our goods in transit insurance.
g. Prepare, protect and pack adequately and stabilize all appliances or electronic equipment prior to their removal ready for transit - By transit we mean being stacked with other packed items within the interior of our vehicles and undergoing a journey to the destination address by proper protection we mean being packed singly in boxes, electronic items to be stacked at your own risk and will not be covered under our goods in transit insurance. By proper packaging we mean bubble wrap, tissue paper, padding, packing peanuts, sturdy unused boxes and packing tape. It is your responsibility to ensure that delicate electronic items such as t.v's, plasma screens, computer screens, games consoles, hi-fi and sound equipment, etc are wrapped in adequate layers of bubble wrap and packed into boxes with packing peanuts and taped up securely. Any items left unpacked or not adequately packed in the above described manner will not be covered by our goods in transit insurance.
i. Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
j. Provide us with a contact address for correspondence during removal transit and/or storage of goods and a landline telephone number that we can contact you on.

If using our packing service you must ensure that
A1. All furniture is dismantled ready for packing unless a dismantling service is requested and agreed upon beforehand.
B1. You are present at all times during the packing process, it is your responsibility to ensure that no goods are removed or left behind in error.
C1. All goods are securely placed within your home ready for the packing process so as not to cause damage, accident or injury to your goods, yourselves or Yes Removals employees.
D1. Certain items of clothing including shoes, hats, belts, sunglasses, jewellery, costume jewellery, handbags and other accessories should be stored in their original boxes/cases or suitable equivalent, one item per box/case before packing.
E1. Any item not packed by Yes Removals at your request during the packing process will not be covered by our goods in transit insurance.
k. Other than by reason of our negligence or breach of contract, we will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.

Our responsibility
a. It is our responsibility to deliver your goods to you, or produce them for your collection, undamaged. By 'undamaged' we mean in the same condition as they were in at the time when they were packed or otherwise made ready for transportation and/or storage.
b. In the event that we have undertaken to pack the goods, or otherwise make them ready for transportation and/or storage, it is our responsibility to deliver them to you, or produce them for your collection, undamaged. Again, by 'undamaged' we mean in the same condition as they were in immediately prior to being packed/made ready for transportation or storage.
c. If we fail to discharge these responsibilities identified in clauses 1 and 2 we will be liable under this agreement to compensate you for such failure.
d. We will not be liable to compensate you where you have not observed previous clauses that are your responsibility unless loss or damage occurred as a result of negligence or breach of contract on our part.

Determination of amount of our liability for loss or damage

Standard Liability

If you provide us with a declaration of the value of your goods, and the amount of our liability to you in the event of direct loss (excluding any consequential losses) or damage to those goods will be determined in accordance with Clauses 9 (a) and 11 below, subject to a maximum liability of 25,000. We are not liable for the first 50.00 GBP of any claim for Goods in Transit. We may agree to accept liability for a higher amount, in which case we may make an additional charge.

9(a)In the event of direct loss of or damage to your goods, our liability to you is to be assessed as a sum equivalent to the cost of their repair or replacement whichever is the smaller sum, taking into account age, wear and tear, depreciation and condition of the goods immediately prior to their loss or damage, and subject to the maximum liability of 25,000 GBP (unless we have agreed a higher amount with you). For the avoidance of doubt, all liability and compensation for loss shall be calculated as above and not on a "new for old" basis.

We will always seek to repair a good in the first instance in which case the damage will be limited to the repair costs.

Where the lost or damaged item is part of a pair or set, our liability to you, where it is assessed as the cost of replacement of that item, is to be assessed as a sum equivalent to the cost of that item in isolation, not the cost of that item as part of a pair or set.

Limited Liability

If you do not provide us with a declaration of value, or if you do not require us to accept Standard Liability, then our liability to you is to be determined in accordance with Clause 9 (b) and 11.

9 (b)In the event of direct loss (excluding any consequential losses) of or damage to your goods caused by negligence on our part, our liability to you is to be assessed as a sum equivalent to the cost of their repair or replacement, taking into account their age, wear and tear, depreciation and condition immediately prior to their loss or damage, subject to a maximum liability of 40 GBP per item (see below for details).
For the avoidance of doubt, all liability and compensation for loss shall be calculated as above and not on a "new for old" basis.
We will always seek to repair a good in the first instance in which case the damage will be limited to the repair costs.
Your attention is drawn to clause 11 which applies to Limited Liability.

General

For goods destined to or received from a place outside the UK. We will only accept Standard Liability if you provide us with a detailed valuation of your goods on the valuation form which we provide.

We do not accept liability for loss of or damage to goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless we have been negligent or in breach of contract.

We will accept liability for loss or damage:

(a) arising from our negligence whilst the goods are in our physical possession, or
(b) whilst the goods are in the possession of others if the loss or damage is established to have been caused by our failure to pack the goods to a reasonable standard where we have been contracted to pack the goods that are subject to the claim.

An Item is defined as :-

The entire contents of a wardrobe, drawer, box, parcel, package, carton, or similar container; and

Any other object or thing that is moved, handled or stored by us.

Goods not to be submitted for removal or storage
Unless previously agreed in writing by a director or other authorised company representative, the following items must not be submitted for removal or storage and will under no circumstances be moved or stored by us.
a. Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
b. Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.
c. Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
d. Perishable items and/or those requiring a controlled environment.
e. Any animals, birds or fish.
f. Goods which require special licence or government permission for export or import.
If we do agree to remove such goods, we will not accept liability for loss or damage unless we are negligent or in breach of contract, in which case all these conditions will apply.
If you 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 will apply for an appropriate court order to dispose of any such goods found in the consignment without notice. You will furthermore pay to us any charges, expenses, damages, legal costs or penalities incurred by us.

Ownership of the goods
By entering into this Agreement, you guarantee that:
a. The goods to be removed and/or stored are your own property, or 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.
b. You will pay us for any claim for damages and/or costs brought against us if either warranty a. is not true.

Charges if you postpone or cancel the removal
If you postpone or cancel this Agreement, we will charge you according to how much notice is given. 'Working days' refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays.
a. More than 10 working days before the removal was due to start: No charge.
b. Between 5 and 10 working days inclusive before the removal was due to start: not more than 30% of the removal charge.
c. Less than 5 working days before the removal was due to start: not more than 60% of the removal charge.

Payment
Unless otherwise agreed by us 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. In respect of all sums which are overdue to us, we will charge a late fee + an admin fee after 7 days of the due date of payment at the rate of 12 GBP late payment fee + 15 GBP admin fee.
d.If you decide to cancel your removal for any reason you will not receive a refund of your deposit. If you are cancelling because a home buy has fallen through or as a result of any other unforeseen circumstance we may agree to deduct your deposit from any future move booked with us.

For goods destined to or received from a place outside the UK
a. We will only accept Standard Liability if you provide us with a detailed valuation of your goods on the valuation form which we provide.
b. We do not accept liability for loss of or damage to goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless we have been negligent or in breach of contract.

Damage to premises or property other than goods
Because third party contractors are frequently present at the time of collection or delivery our liability for loss or damage is limited as follows:
a. 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.
b. If we cause damage to either your goods, third party goods or our goods/vehicles as a result of moving goods under your express instruction, against our advice, and where to move the goods in the manner instructed is likely to cause damage, we shall not be liable.
c. 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 or within a reasonable time. This is fundamental to the Agreement.

11 Exclusions of liability
In respect of Limited Liability, we will not be liable for loss of or damage to your goods as a result fire or explosion howsoever that fire or explosion was caused, unless we have been negligent or in breach of contract.
In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the following goods:-
a. Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones.
b. Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
c. Perishable items and/or those requiring a controlled environment.
d. Furs exceeding 100 GBP in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds.
e. Any animals, birds or fish.
In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:-
a. 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 our reasonable control.
B. Loss or damage arising from ionising radiations or radioactive contamination.
c. Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack.
d. Indirect or consequential loss of any kind or description.
e. 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.
f. by vermin, moth, insects and similar infestation, damp, mould, mildew or rust.
g. By cleaning, repairing or restoring unless we arranged for the work to be carried out.
h. by change to atmospheric or climatic conditions.
i. for any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us.
j. 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 would have occurred irrespective of the quality of the packing, then our liability is limited to 100 GBP or its actual value whichever is less.
k. For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
l. For any goods which have a pre-existing defect or are inherently defective.
m. Our liability will cease upon handing over goods from our warehouse or upon completion of delivery.

Time limit for Claims
For goods which we deliver, you must notify us in writing of any visible loss, damage or failure to produce any goods at the time of delivery.
If you or your agent collect the goods, you must notify us in writing of any loss or damage at the time the goods are handed to you or your agent.

we will not be liable for any loss of or damage to the goods unless a claim is notified to us, or to our agent or the company carrying out the collection or delivery of the goods on our behalf, in writing as soon as such loss or damage is discovered (or with reasonable diligence ought to have been discovered) and in any event on the day of delivery of the goods by us.
The time limit for notifying us of your claim may be extended upon receipt of your written request either by hand written note or email plus telephone call to the Yes Removal office,(due to the nature of emails, email request will not be accepted without telephone confirmation to confirm it has been sent)provided such request is received on the day of delivery. Consent to such a request will not be unreasonably withheld.
Delays in transit

Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit.
If through no fault of ours we are unable to deliver your goods, we will take them into store. The Agreement will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense.

Our Right to Hold the Goods (lien)
We shall have a right to withhold and/or ultimately dispose of some or all of the goods until you have paid all our charges and any other payments due under this or any other Agreement. These include any charges that we have paid out on your behalf.
While we hold the goods you will be liable to pay all storage charges and other costs incurred by our withholding your goods and these terms and conditions shall continue to apply.

Our right to sub-contract the work
We reserve the right to sub-contract some or all of the work.
If we sub-contract, then these conditions will still apply.

Route and method
We have the right to choose the method and route by which to carry out the work.
Unless it has been specifically agreed otherwise in writing in our Quotation, other space/volume/capacity on our vehicles and/or the container may be utilized for consignments of other customers.

Advice and information for International Removals
We will use our reasonable endeavours to provide you with up to date information to assist you with the import/export of your goods.
Information on such matters as national or regional laws and regulations which are subject to change and interpretation at any time is provided in good faith and is based upon existing known circumstances. It is your responsibility to seek appropriate advice to verify the accuracy of any information provided.

Applicable law
This contract is subject to the law of the country in which the office of the company issuing this contract is situated.

Your forwarding address
If you send goods to be stored, you must provide an address for correspondence and nofity us if it changes. All correspondence and notices will be considered to have been received by you seven days after sending it to your last address recorded by us.
If you do not provide an address and/or do not respond to our correspondence or notices and we are unable to contact you, we will charge you any costs incurred in establishing your whereabouts.

List of goods (inventory) or receipt
Where we produce a list of your goods (inventory) or a receipt and send it to you, it will be accepted as accurate unless you write to us within 7 days of the date of our sending, or a reasonable period agreed between us, notifying us of any errors or omissions.

Revision of storage charges
We review our storage charges periodically. You will be given 1 months' notice in writing of any increases.

Our right to sell or dispose of the goods
On giving you 28 days' notice we are entitled to require you to remove your goods from our custody and pay all money due to us. If you fail to pay all outstanding debts due to us we are entitled to sell or dispose of some or all 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 and any eventual surplus will be paid to you without interest.

Termination
If payments are up to date, we will not end this contract except by giving you three months' notice in writing. If you wish to terminate your
storage contract, you must give us at least 10 working days' notice. If we can release the goods earlier, we 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.

Validity and Severance

If any of these provisions is held to be illegal or unenforceable, in whole or in part, under and enactment or rule or law, then that provision shall to the extent necessary and insofar as permitted by law (i) be deemed not to form part of these terms and conditions; and (ii) be deemed to be replaced by such provision as is valid and enforceable and which is as close as permissible to the invalid or unenforceable provision. The validity and enforceability of the remainder of these Conditions shall not be effected.