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1. These terms and conditions from the basis of the
contract between us. The JCD MOVING GROUP and you the
customer. It defines and sets out the rights, obligations,
and responsibilities of both you and us under this contract.
It is a legally binding contract and so it is important
that both parties know where they stand. It does include
provisions that limit our responsibilities and potential
liability to you. We specifically draw your attention
to these.
2. Where we use the word "you" or "your"
it means the customer, "we", "us"
or "our" means us as named above. Where we
use the word "goods" this refers to the items
that are to be subject to the removal or storage, pursuant
to this contract.
3. It is important that you read and understand the
terms and conditions that will apply to this contract
before signing if there is anything you do not understand
or do not wish to agree to, then please discuss it with
us before signing and returning the quotation. Only
enter into this contract if you wish to be bound by
the terms and conditions set out below.
4. You were offered a contract for removal and/or storage
based on our limited liability trading conditions. A
copy of them was supplied with our original quotation.
However you have expressed a wish to contract with us
on our extended liability terms and conditions.
OWNERSHIP OF THE GOODS
5. IMPORTANT NOTE
You hereby agree and confirm that you are either:
a. The owner of the goods: and/or
b. Are duly authorized by the owner or owners of the
goods to enter into this contract on these terms and
conditions for and on behalf of the owner(s).
6. You shall be responsible for any losses, expenses,
or other costs incurred by us which are caused by:
a. An untrue statement made deliberately by you: and/or
b. The statement at clause 4 not being true.
GOODS THAT WE WILL NOT ACCEPT FOR REMOVAL OR STORAGE
7. We will happily remove and store most items that
you may wish to submit for removal or storage. However,
we are, subject to clause 8 - 10 below, unable in the
normal course of business to accept any of the following
types of items;
a. Any living thing, including any animals, birds, fish
and plants;
b. Any goods that are likely to encourage vermin or
other pets or to cause infestation;
c. Any goods that require a special license;
d. Any goods that require government permission to import
or export ;
e. Any food and/or drink that is, or needs to be, refrigerated
or frozen;
f. Any drugs;
g. Any stolen or prohibited or illegal goods;
h. Any goods that are potentially dangerous, explosive
or otherwise liable to cause damage. This includes,
but is not limited to, firearms, ammunition, paints,
aerosols, gas bottles and canisters.
i. Any jewellery, including trinkets and watches, and
precious stones;
j. Any money, securities, financial or legal documents,
including but not limited to share certificates and
leases;
k. Any collections of stamps, coins or other similar
collectable items.
8. If you intend to submit items for removal or storage
you must declare this to us in advance of the removal
or storage being undertaken. In such circumstances we
shall not be obliged to remove or store the items in
question unless we have confirmed in writing that we
are willing to do so. If we do agree to remove or store
the items in question we shall be entitled to charge
extra in respect of the same. If you are not happy with
the extra charge levied then you shall be entitled to
terminate this contract, before the removal or storage
commences.
9. If we do agree to accept such items for removal or
storage then we shall not be liable for any loss or
damage that occurs due to the special nature or sensitivities
of the goods involved. Other than this exclusion we
remain liable for other losses as we would under the
balance of this contract.
10. If such items are removed or stored by us without
our knowledge and written agreement to do so then we
shall not be liable for any loss or damage to those
items whatsoever including but not limited to that occurring
due to the special nature or sensitivity of the goods
involved. Furthermore in such circumstances you shall
be responsible for any losses, expenses or other cost
occurred by us which are caused by the special nature
of the items in question, such as but not limited to
clean up costs and damage to other goods.
WHAT WE WILL DO
11. We shall;
a. Pack the goods, if required and have agreed to do
so;
b. Remove them at the agreed time and date and deliver
to the delivery address;
c. Unpack them, if requested and have agreed to do so;
d. Store them, if the contract provides for them to
be stored. We shall at all times care for the goods
whilst they are in our custody and control showing all
responsible care in the circumstances. We further more
will endeavor to act and undertake our obligations at
all times in a professional manner.
12. We shall only remove or deliver items into a loft,
or similar space, if it is safe, which shall include
but shall not be limited to being adequately lit and
floored, and the access to it being safe.
13. We hold insurance, with a specialist insurer; to
cover our potential liability to you for loss or damage
to your goods or for losses arising from delay up to
the level of liability under this contract. The insurance
is subject to terms and policy excess. If you would
like more details as to the level of insurance we hold
we would be delighted to refer you to our insurance
brokers who will discuss the level of cover provided
with you.
WHAT WE WILL NOT DO
14. There are certain things we do not do and which
are not covered under this contract.
They are;
a. Dismantling or assembling flat pack furniture, or
a property's fitments or fittings;
b. Disconnecting or reconnecting any equipment or appliances;
c. Securing or preparing for transit, as necessary,
equipment or appliances, such as but not limited to
securing washing machine drums;
d. Taking up or laying fitted floor covering of any
kind
15. Our staff are not authorized or qualified to carry
out such work. We recommend that a proper qualified
person be separately employed by you to carry out these
services.
16. We do not arrange insurance to cover your goods.
We are unable to offer this service due to FSA regulation
on the sale of insurance.
OUR QUOTATION
17. The quotation provided is for a fixed price for
the work presented. It is based on our contracting to
remove and/or store the goods subject to these terms
and conditions.
18. The quotation will remain open for a period of 28
days from the date of quotation. After then it shall
be treated and having been automatically withdrawn.
19. The contract will be formed when you sign, where
indicated, and return the quotation to us. This will
form a legally binding contract between you and us.
That contract will be subject to these terms and conditions.
You should sign and return the quotation if you are
happy with the quotation and these contract terms and
wish to enter into a legally binding contract on these
terms and conditions.
20. If you make any amendment to the quotation when
returning it to us then this will not act as an acceptance
of quotation. However if we decide to go ahead with
the removal or storage, subject to amendment then it
will be subject to a contract on these terms and conditions.
However where you seek to amend the quotation we shall
also be able to reject the alterations and not undertake
the work for you, or to re-quote for it subject to your
proposed amendments.
21. For the avoidance of doubt the following matters
or circumstances have not, unless otherwise agreed,
been taken into account or included in the quotation.
a. The removal not commencing, other than because of
our breech, within 3 months of accepting the quotation,
b. The work being undertaken on a weekend or public
holiday;
c. Collection or delivery other than to the ground or
first floor of a property;
d. Removal or storage of extra goods that have not yet
been shown or made known to us;
e. Provision of extra services;
f. Removal or storage of any goods mentioned in clause
7;
g. Any costs, charges or fees that are incurred, including
parking fees and permits, in undertaking or removal;
h. The properties involved not having proper and/or
adequate access. This includes, but is not limited to,
not being able to park within 20 meters of the door
to the property, the access being unsuitable for our
vehicles or the property being inadequate for the free
and easy movement of the goods into and within the property;
i. Changes to our cost due to changes in currency values,
taxation or freight charges which are beyond our reasonable
control;
j. Delays occurring for the reasons that are our responsible
control;
k. The total value of the goods being in excess of £25,000
22. If the removal or storage does not include any of
the matters set out at clause 21, and the quotation
was not adjusted to take these into account, then you
will pay us the extra costs and expenses incurred because
of the effect of those matters.
23. The quotation shall not under any circumstances
include a charge for arranging or otherwise procuring
insurance over the goods themselves during the removal
or storage.
DECLARATION OF VALUE
24. The value of goods, for the purposes of this contract,
shall be their current replacement cost, including due
allowance in respect of age, wear and tear and depreciation.
All liability and compensation for loss and/or damage
shall be calculated on this basis and not on a "new
for old" basis.
25. Under the terms and conditions of this contract
we have assumed that the value of the goods submitted
for removal or storage does not exceed £25,000
according unless a higher limit is declared our liability
to you under this contract for loss and/or damage to
the goods shall be limited to a total of £25,000
26. However, we do not know the value of the goods to
be submitted for the removal and/or storage. We are
giving you the chance to discuss and agree different
amounts from that set out at clause 25, if the goods
are worth more than a total of £25,000 we ask
you to tell us and declare the actual value to us as
soon as possible. You will note that the quotation form
provides for such a declaration.
27. Subject to an increase in the quotation and/or price
being agreed, if applicable, and to our written consent
to the increased value applying we will uplift our total
potential liability for loss and/or damage to the goods
under this contract from £25,000 - to the value
you have declared
28. Whilst we have many responsibilities under this
contract there are some matters that you must be responsible
for , these are:
a. Declaring to us, in accordance with clause 26, the
value of your goods if you wish for our total potential
liability for loss/damage to the goods to be more than
£25,000,
b. Being present, either yourself or through representative,
throughout collection and delivery of goods;
c. Checking that all the goods are both collected and
delivered;
d. Checking that nothing is collected and/or delivered
in error;
e. Obtaining all necessary permits, licenses, customs
documents ect that are necessary for the removal to
take place;
f. Preparing the property and goods for the removal,
including but not limited to disconnecting all relevant
appliances and electronic equipment and emptying and
defrosting any fridges and freezers;
g. Arranging proper security and protection for any
goods that will be left in the premises which will be
unattended or to which third parties may access either
prior to collection or following delivery.
29. You, must before the commencement of the removal,
provide us with a contact address and contact details
which we can use if we need to contact you during the
removal and/or storage of the goods. If these details
change you must inform us. If we contact in writing
using the details you have provided we will be entitled
to assume that you have duly received any communication
from us.
30. If you wish for the goods to be insured whilst being
removed or stored you must arrange this. We cannot arrange
such insurance due to FSA regulation. However, we do
maintain insurance of our own to cover our potential
liability to you for loss and/or damage to your goods
or for loss arising form delay up to the level of liability
under this contract.
31. You shall be responsible for any losses, expenses
or other costs incurred by us arising from your failure
to attend to any of the matters set out at clauses 27
- 30 unless that loss was in fact caused by our negligence.
POSTPONEMENT AND CANCELLATION
32. By agreeing to undertake the removal or storage
we incur costs in preparing for it and also lose the
opportunity to undertake further work that would use
the same resources. Because of this we may suffer loss
if you cancel this contact or postpone its performance.
The amount we will potentially lose will depend on when
the cancellation and/or postponement occurs. If you
postpone or cancel, we will charge the following;
a. More than 15 working days before the removal was
due to start NIL.
b. Less than 15 but more than 10 working days 30% of
the removal charge.
c. Less than 10 working days 50% of the removal charge.
d. Less than 24 hours 100% of the removal charge.
PAYMENT OF OUR CHARGES
33. Clauses 34 - 37 set out the basis on which our charges
must be paid, unless we agree otherwise.
34. You will pay for all removal services, at the agreed
rate, prior to the commencement of the removal. This
term is important to the contract and unless we are
paid with clear funds prior to the commencement of the
removal we shall be able to treat the removal as cancelled
on the date of removal.
35. You will pay any other charges or monies that become
due or payable under this contract within 30 days of
us sending you an invoice or request for the same.
36. You will pay all storage charges 4 weekly in advance.
37. Interest shall accrue and you shall pay it in all
overdue or outstanding monies at a rate of 4% above
the basic rate of Royal Bank of Scotland plc.
UNDERTAKING THE REMOVAL
38. We will undertake the removal and storage with professional
care and skill and taking reasonable account of all
the circumstances. However , we specifically reserve
the right to undertake the removal or storage in a manner
that we think is appropriate including;
a. Sub contracting all or part of the job to another
removal or storage company;
b. Choosing the route we think is most effective, and;
c. Using such vehicles, containers and methods of transport
and/or storage as we believe are appropriate.
39. This does not however affect our responsibilities
under this contract to take care of your goods and to
provide the services within the appropriate timescales.
OUR LIABILITY FOR LOSS OR DAMAGE
40. We shall, subject to the exclusions set out below,
be responsible for any damage done to the goods whilst
they are in our custody and control under the terms
and conditions of this contract.
41. We shall, subject to the exclusions set out below
be responsible for any loss of any goods whilst they
are in our custody and control under the terms and conditions
of this contract.
42. If goods are lost or are damaged beyond repair then
our liability will be, at most, the value of the goods
lost or damaged beyond repair, as defined by clause
24 above.
43. If goods are damaged but can be repaired then our
liability will be, at most, the repair cost plus the
amount that the goods have reduced in value, if at all,
because of the repair.
44. In respect of any particular item our liability
will not. Under any circumstances exceed the value of
the item in question, as defined by clause 24 above.
WHAT WE WILL BE LIABLE FOR
IMPORTANT NOTE: THESE ITEMS EXCLUDE AND LIMIT OUR RESPONSIBILITIES
AND LIABILITY TO YOU.
45. We shall not be responsible for any claim for loss
or damage to the goods or for delay where the total
claim amounts to less than a total of £50.00.
46. Where any item forms part of a pair of set we shall
not be liable for more than the value of that particular
item(s), without reference to any special value which
such item may have as part of a pair or set.
47. We shall not under any circumstances be responsible
or liable for any consequential or indirect losses,
including but not limited to loss of profits or lost
opportunities.
48. Other than where losses occur because of negligence
on our part we will not be liable for losses arising
from:
a. War, invasion, acts of foreign enemies, hostilities
(whether declared or not).
Civil war, terrorism, rebellion and/or coup, act of
god, industrial action or other events outside our reasonable;
control
b. Normal wear and tear, ageing, natural or gradual
deterioration, leakage or evaporation.
c. Incidence of moths, vermin or similar infestation.
d. Cleaning, repairing or restoring, unless we agreed
to do the work;
e. Electrical or mechanical derangement to any appliance
or equipment unless there is evidence of external impact
damage;
f. Any inherent defect in the goods;
g. Changes of atmospheric or climatic conditions;
h. Damage to motor bike or other motor vehicles unless
we have issued a pre-collection condition report;
i. Damage to any motor bike or other motor vehicles
moving under its own power other than during the normal
course of loading or unloading.
49. Other than where losses occur because of negligence
on our part we will not be liable for losses arising
from:
a. Loss or damage to the goods that occurs before we
have taken possession, custody and control of the goods;
b. Loss or damage to the goods that occurs after we
have delivered or handed over the goods to you or a
party nominated by you;
c. Loss of goods that have not been both packed and
unpacked by us. This includes goods packed in wardrobes,
drawers, cases, boxes or other types of container;
d. Damage to goods that arises for the normal handling
of those goods where those goods have not been packed
by us. This included goods packed in wardrobes, drawers,
cases, boxes or other type of container regardless of
the apparent quality of the packing.
50. We shall not be responsible or liable if you submit
for removal or storage any of the goods listed at clause
8, without our agreement, in accordance with clause
7. Such goods shall be removed or stored entirely at
your risk.
51. If we do agree, in accordance with clause 9, to
remove or store any of the goods set out in clause 7
then our liability for loss and damage to them shall
be limited as set out in clause 9.
52. No employee of ours shall be separately liable to
you for any loss, or damage or delay or other breach
of contract.
DELAYS IN TRANSIT
53. If the collection or delivery of the goods is delayed
we will, if the delay arises from our negligence, pay
your reasonable expenses that arises as a result of
the delay, such as but not limited to reasonable hotel
costs.
54. Under no circumstances shall our liability for delay
exceed a total of £2000.
55. Other than as set out in clauses 56 and 57 we shall
not be responsible and shall not have to indemnify or
compensate you in respect of any costs or losses arising
from the delay.
56. If we are unable to deliver the goods we may take
them into store. Other than where the delay results
from our negligence the original removal and/or storage
contract will then be provided in accordance with these
terms and conditions at your expense.
DAMAGE TO ITEMS OR PROPERTY OTHER THAN THE GOODS BEING
REMOVED OR STORED
57. We will not be liable for and damage whether to
premises, property or the goods as a result of moving
goods under your express instruction, and against our
advice where moving the goods in the manner instructed
will inevitably cause damage.
58. In any event we shall only be liable for damage
to premises or property, other than the goods being
submitted for removal or storage, where such damage
arises due to negligence on our part.
59. Where damage to premises or property, other than
the goods being submitted for removal or storage, does
occur we must ask that you inform us immediately and
note the damage on the worksheet or delivery receipt.
In the absence of such notification we will not be able
to accept any liability for the damage.
NOTIFICATION OF CLAIMS & TIME LIMITS FOR CLAIMS:
60. In cases where we deliver goods, you must notify
us of any visible loss, damage or failure to produce
any goods at the time of delivery. This should be noted
on the worksheet or delivery received.
61. If we do not deliver then you must notify us of
any visible loss, damage or failure to produce any goods
at the time when you, or representative, take possession
of the goods. This should be noted on the worksheet
or delivery receipt.
IMPORTANT: TIME LITIT FOR NOTIFICATION OF CLAIMS
62. All claims for loss of or damage to goods must be
notified to us in writing whether the goods were unpacked
or not, within 7 days of the anticipated delivery date,
or when you were informed of the loss, whichever is
earlier. In all cases these time limits will apply unless
a time extension is requested by you, within the 7 day
period, and such extension is agreed by us in writing.
We will not unreasonably refuse to grant such an extension
of time.
OUR RIGHT TO WITHHOLD OR DISPOSE OF THE GOODS (LIEN)
63. We may keep hold of all or some of your goods until
you have paid all the charges you owe us, even if the
unpaid charges do not relate to those goods.
64. Furthermore we may sell all or some of your goods
to recover any unpaid charges. We can only do this after
giving you 30 days written notice that we intend to
do so. If we do sell any of your goods, and the proceeds
from the sale are greater than the amount you owe us,
we will pay out with interest any excess amount after
deducting the cost of selling and storing the goods
and any other necessary expenses.
ADVICE, INFORMATION AND THE BASIS OF AGREEMENT
65. In this document we set out the terms and conditions
of the contact between us. Please do not rely on promises
or claims, written or verbally made, that contradict
the terms and conditions of this document. In the event
of any apparent contradiction between these terms and
conditions and a promise or claim made please refer
to us for clarification.
LAW AND JURISDICTION
66. This contract shall be subject to exclusive English
law and jurisdiction
EXTRA CONDITIONS THAT APPLY TO THE STORAGE OF GOODS
67. If you have failed to provide an address in accordance
with clause 29 or if you fail to respond to our correspondence
then we shall be entitled to publish notes in an area
from which the goods were removed. The publican of such
notice shall be accepted as valid communication with
you.
68. It is important that we both know what you have
in store. Where we prepare an inventory of the goods
taken into store and this is forwarded to you this must
be checked. You must inform us, as soon as possible,
of any inaccuracies. It shall be assumed that if you
do not bring any inaccuracies. The 7 day period can
be extended if you request a time extension, within
the 7 day period, and the same is confirmed in writing
by us. We will not unreasonably refuse to grant such
an extension of time.
69. We reserve the right to review our storage charges
periodically. We will inform you of any change in the
applicable rate by giving you notice in writing not
less than 1 month before the changes in rates. The new
rates will apply from the end of that 1 month period.
70. We reserve the right to terminate the storage contract
by giving you not less than 3 months notice in writing.
If the goods have been collected by you, or on behalf,
or delivered to you or to your order, by the time the
storage contact terminates then the goods will thereafter
only be held entirely at your risk and we will have
no liability in respect of the same.
71. If you wish to terminate the storage contract you
may do so by giving us not less than 14 days notice
in writing.
72. If you decide to collect the goods rather than having
them delivered then we reserve the right to charge a
reasonable hand out charge for handing then over. You
are reminded that our responsibility for the goods ends
in accordance with clause 49(a) (b) (c) and (d). We
must stress the importance of goods being properly checked
by you on delivery or handing over to you or your representative.
EXTRA CONDITIONS THAT APPLY TO FOREIGN REMOVALS
73. The following terms apply only where the goods are
destined for or rate received from a place outside the
United Kingdom:
a. We will accept liability only for loss or damage
to goods when it occurs whilst they are in our actual
possession. For the avoidance of any doubt goods will
be deemed to remain in our possession when carrying
vehicle is being carried on a ferry whether the vehicle's
crew are actually in the vehicle or not. In such circumstances
our liability will be ascertained as if it were a domestic
removal. If the loss or damage occurs whilst the goods
are in possession of another party, such as a shipping
line, we will not be liable and you will have to pursue
any claim against that party;
b. Where we engage an internal transport operator, shipping
company or airline, to convey your goods to or from
a place, port or airport, we do so on your behalf and
the contract with the carrier shall be subject to any
terms and conditions set out by that carrier.
c. The carrier referred to at clause 73(a) and (b) may
restrict his liability by reference to contractual terms
and conditions and international conventions. These
my severely restrict the potential liability that the
carrier has to you;
d. Further more you may become liable for General Average
contribution (that is costs incurred to preserve the
carrying vessel and cargo in certain circumstances),
salvage costs and costs of forwarding transmission;
e. You are therefore strongly recommended to arrange
adequate marine/transit insurance cover over the goods,
this is your sole responsibility and we will not in
any way accept liability if you fail to arrange adequate
or appropriate insurance cover over the goods;
f. We will not accept liability for goods confiscated,
seized or removed by Customs Authorities or similar
bodies and Government Agencies other than in circumstances
where such confiscation seizure or remo0val occurs due
to our negligence.
GENERAL
74. The provisions contained in this contract are considered
fair and reasonable by the partied but if any provision
shall be found to be unenforceable but would be valid
if any part of it were deleted of modified, the provision
shall apply with such modifications as may be necessary
to make it valid and effective.
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