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A) This Agreement shall be interpreted and
construed exclusively under the laws of England, Wales, Scotland and
Ireland and the laws of England shall prevail in the event of any
conflict of law. You hereby consent to such jurisdiction.
B) These terms and conditions of business
set out the basis upon which Chichester Removals will arrange removals
and/or storage of your goods with ourselves or with a nominated
Removals Contractor on your
behalf. They contain provisions which exclude and/or limit
Chichester Removals liability for loss and/or damage to your goods and also set
out provisions governing insurance of those goods.
C) Where these conditions use the word ‘you’
or ‘your’ it means you as the removal customer, Chichester Removals
means Chichester Removals as defined at the end of this page or a
Removals Contractor referred by us whose services you accept. 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 Chichester
Removals (see clause 10).
1. The Quotation
The removal quotation issued by
Chichester Removals (“the quotation”) is a fixed price. Unless
otherwise stated, it does not include customs duties and
inspections or any other fees payable to government bodies. Chichester
Removals 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
Chichester Removals 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 Chichester Removals 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) Chichester Removals’ 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 Weekend or Bank Holiday at your
request.
- (e) Chichester Removals has to collect or deliver goods from/to above
the ground and first upper floor of a property.
- (f) Chichester Removals 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 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 is unsuitable for Chichester Removals’ vehicles and/or
containers to get to and load and/or unload within 20 metres of the
doorway, and as a result Chichester Removals 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 Chichester Removals in order to carry out the removal services on your
behalf.
- (i) There are delays or events
outside Chichester Removals
reasonable control.
- (j) Chichester Removals 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 Chichester Removals, 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.
- Chichester Removals 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 Chichester
Removals the value of the goods being
removed and/or stored.
- (b) If any insurance cover
offered by Chichester Removals 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. Chichester Removals are not responsible for the contents of this
equipment.
- (i) Provide House to Home and
Chichester Removals with a contact
address for correspondence during removal, and/or storage of goods.
Other than by reason of Chichester
Removals 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
Chichester Removals except with their prior written agreement. In the
event that they do remove such goods, Chichester Removals 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 Chichester Removals knowledge and prior written agreement they
will not be liable for any loss or damage and you will indemnify
Chichester Removals against any charges, expenses, damages or
penalties claimed against them. In addition, Chichester Removals 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 Chichester Removals if these declarations are not true. 6. Charges if you postpone or cancel the removal
If you postpone or cancel this
contract, Chichester Removals may
charge according to how much notice is given. Notification must be in
writing by recorded delivery or electronic medium that can provide
proof of time and date stamp.
- (a) More than 14 working days before the removal was due to start:
Nothing
payable.
- (b) Less than 14 working days, but more than 7 working days before the
removal was due to start: 30% of the full removal charge.
- (c) Less than 7 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 Chichester
Removals 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
via PayPal. Please note there is a charge of 2.9% for
all 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) Chichester
Removals liability for loss or damage is limited.
This is set out in clause 8(a)(i) below. You may request Chichester
Removals 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
Chichester Removals losing or damaging your goods,
if they are liable, Chichester Removals
will pay you up to a maximum sum in line with their
insurance (currently £20,000) subject to the normal
Insurance Company terms and conditions. If you require
a higher cover you must arrange it (or we can help
with this). Cover in Europe is not included and must
be arranged separately.
OR
- (ii) Chichester
Removals, in their sole discretion, may choose to
repair or replace the damaged item. If an item is
repaired Chichester Removals will not be liable for depreciation in value.
- (b) Subject to
receiving your itemised (and valued) inventory with a
request in writing for Chichester Removals to increase
their liability (above that set out in clause 8(a)
above), prior to the removal and/or storage
commencing, Chichester Removals 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 Chichester Removals 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 Chichester Removals 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
Chichester Removals 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
Chichester Removals
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 Chichester Removals.
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 Chichester
Removals 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 Chichester Removals negligence, Chichester
Removals 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
Chichester Removals shall be separately liable to
you for any loss, damage, mis-delivery, errors or omissions under the
terms of this contract.
9. Extra conditions
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) Chichester
Removals will accept liability only for loss or
damage to goods when they are in Chichester Removals
actual possession, and if it can be proven that they
were negligent. In such circumstances, Chichester
Removals will accept liability as in condition
8(a)(i) or 8(b) above. Chichester Removals 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 Chichester
Removals 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 Chichester
Removals.
- (d) Chichester
Removals do not accept liability for goods
confiscated, seized or removed by Customs Authorities or other
Government Agencies.
- (e) All loads that are based on a shared container or shared vehicle
are subject to additional terms, delivery times cannot be guaranteed
and any dates or times given should be used for the purpose of
guidance only. If time scales are quoted in days then this is
calculated on working days and excludes Saturday, Sunday or any bank
holiday in both the UK and country of delivery.
10. Time limit for claims
- (a) For goods
which Chichester Removals 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 Chichester Removals
warehouse, you must note any loss or damage at the
time the goods are handed to you, requesting that
Chichester Removals acknowledges and
confirms your note.
- (c)
Notwithstanding clause 8, Chichester Removals will
not be liable for any loss of or damage to the
goods unless a claim is notified to Chichester
Removals (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 Chichester
Removals, 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, Chichester Removals 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
Chichester Removals will not
unreasonably refuse such a request.
11. Delays in transit
- (a) Other than
by reason of Chichester Removals negligence, they
will not be liable for delays in transit.
- (b) If through
no fault of Chichester Removals 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, Chichester Removals 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 Chichester Removals they are unable
to complete the removal services on the stated
delivery date due to delay on your part
Chichester Removals may be entitled to ask for additional
charges, such as for extra waiting time.
12. Damage to premises or property other than goods
- (a) Chichester
Removals 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
Chichester Removals cause damage as a result
of moving goods under your express
instruction, against Chichester Removals advice,
and to move the goods in the manner instructed will inevitably cause
damage, they shall not accept that they were negligent.
- (c) If
Chichester Removals 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)
Chichester Removals shall have a right to withhold and/or ultimately
dispose of some or all of the goods until you have paid all Chichester
Removals’ 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 Chichester Removals 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 Chichester Removals, 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 Chichester Removals. This contract to be
subject to the law of the Country in which Chichester Removals
principal place of business is situated. 15. Sub-contracting the work
- (a)
Chichester Removals reserve the right to sub-contract some or
all of the work.
- (b) If
Chichester Removals sub-contract, then these conditions will
still apply.
16. Route and method
- (a)
Chichester Removals 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 Chichester
Removals
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 Chichester Removals for their customer only. Any oral advice given
without special arrangement is provided gratuitously and without
contractual liability.
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