1. Introduction

    These Conditions set out the rights and obligations of the Remover (“we”, “us” or “our”) and the Customer (“you” or “your”). These Terms and Conditions can only be changed with the prior written agreement of both the Remover and the Customer. Your attention is drawn to Clause 9, which sets out our liability in respect of your goods.

  2. Quotation

    1. Our quotation is inclusive of VAT (if applicable) but unless otherwise stated does not include customs, duties, inspections or any other fees or taxes payable to any statutory body. Any such duties or fees will be payable by you in addition to the price stated in the quotation.

    2. 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 by us in writing. Such factors may include the following:-

      1. where the work is not carried out or completed within 3 months of the date stated in the quotation;

      2. increased costs resulting from currency fluctuations or changes in taxation or freight charges;

      3. we have to collect or deliver goods at your request above the ground floor and first upper floor;

      4. we supply any additional services;

      5. the work is carried out outside of normal business hours (between 8.00am and 6.00pm) at your request;

      6. we are required to provide additional services not included within the quotation, including the moving or storing extra goods;

      7. we are unable to obtain access to the delivery or collection point or such access is inadequate or inappropriate for our vehicles;

      8. we have to pay parking or other charges in order to carry out the service charges you require. In these circumstances you will be responsible for the extra charges; or

      9. there are delays or events outside our reasonable control which increase the cost or resources required to complete the work including waiting time if you are delayed or you do not have your keys. This will be charged at £60 per van per hour.

    3. Our quotation does not constitute a contract and accordingly there is no contract between us until you have our written confirmation that we can move your goods on the required date. Such confirmation will be sent within 5 business days following receipt of your acceptance of our quotation and the contracts then concluded will be on these Terms and Conditions.

  3. Additional Work

    1. Unless otherwise agreed in writing, the following is not included within the quotation:-

      1. dismantling or assembly of units or furniture (including flat pack items);

      2. disconnecting, reconnecting, dismantling or reassembling any appliances, fixtures, fittings or equipment;

      3. taking up or removal or laying of fitted floor coverings;

      4. taking down or re-hanging curtains, blinds or other window coverings or rails;

      5. the movement of any item or items which our staff reasonably believe they cannot move safely, whether due to its nature or its position or which by doing so may damage the item(s) or surrounding areas.

    2. You are recommended to make arrangements for any such work to be provided for separately.

  4. Your Responsibilities

    1. You must:-

      1. declare in writing to us the value of the goods being removed and/or stored (unless you elect for our liability to be limited to £50 per item as set out in Clause 9.1);

      2. obtain at your own expense all permissions, consents, licences, permits or customs documents required for the removal of the goods;

      3. be present, either personally, or through an authorised representative, during the collection and delivery process;

      4. prepare and stabilise all appliances prior to their removal;

      5. take reasonable precautions to prevent the unauthorised removal of goods not belonging to you and check to ensure that your goods are duly removed;

      6. provide proper protection for goods left unattended or in unoccupied premises;

      7. empty, defrost and clean refrigerators and freezing equipment;

      8. provide safe working conditions including clear walkways and stairways etc;

      9. use adequate containers to hold your goods to avoid the risk of containers crushing and splitting;

    2. 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. If you are using our storage service, you must notify us in writing of changes to contact details

    3. 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.

  5. Ownership of Goods

    1. 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 the storage thereof.

    2. You undertake to indemnify us for any claims and keep us indemnified against any claims resulting from any breach by you of Clause 5.1.

  6. Excluded Goods

    1. Unless previously agreed by us in writing by a director, the following items are excluded from this contract and will not be removed and must not be submitted for store;

      1. prohibited, stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, aerosols, paints and firearms and ammunition;

      2. jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or goods or collections of any similar kind;

      3. any goods likely to encourage vermin or other pests or to cause infestation or contamination;

      4. perishable items and/or those requiring a controlled environment or refrigerated or frozen food or drink;

      5. animals, birds or fish;

      6. Plants;

      7. Furs, perfumery, wines, spirits, tobacco, cigars and cigarettes;

      8. goods requiring any licence or government consent for export or import or any movement contemplated within the removal.

    2. If we do agree to remove any such goods by prior written agreement, 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.

  7. Postponements and Cancellations

    1. If this agreement is postponed or cancelled, we may charge you depending on the amount of notice of cancellation or postponement given. Our charges are as follows:-

      1. more than 24 hours prior to the removal – no charge unless extra hire of equipment, transport or staff has had to be supplied. Then the full costs of this will be charged to you;

      2. less than 24 hours before the removal was due to start – the full amount.

  8. Payment

    1. Payments should be made as follows:

      1. A deposit should be paid to secure your booking.

      2. Fixed price jobs: 50% deposit on booking, 50% balance to be paid 48 hours before removal day in order to ensure that monies are cleared.

      3. Hourly rate jobs: 1st hour deposit on booking, balance to be paid by card to the driver;

      4. Storage: deposit of 1 month, then to be paid monthly in advance by 15th of each month;

    2. You must not withhold any part of the agreed price.

    3. With prior written agreement, organisations may be invoiced for the removal and you must pay on receipt. We do not offer credit terms.

    4. We reserve the right to charge interest at 8% plus the Bank of England base rate on overdue amounts not received within 30 days of completion of service or 30 days after receipt of invoice.

    5. Furthermore, a late payment fee of £40 will be charged on all overdue accounts.

    6. Payment terms may only be varied with our written agreement in advance.

    7. Failure to comply with our payment terms will also mean that the goods are not insured.

  9. Our Liability for Loss or Damage

    1. 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 4.1.1. 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.

    2. We are not liable on a “new for old” basis for any lost or damaged goods.

    3. 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 which is likely to cause damage.

    4. You must notify us within 24 hours of any damage to your premises or property other than goods submitted for removal and/or storage.

  10. Excluded Risks

    1. We are not liable for the following:

      1. Loss or damage to cars or other motor vehicles (except motor cycles and mopeds or the like) and/or, boats and/or caravans unless carried within a closed vehicle, or within a trailer specially constructed or adapted for the purpose, but including loading and unloading, and storage within a suitable building, where carried or stored as an incidental part of a domestic removal and/or storage contract.

      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 vehicles or other conveyances.

      3. 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.

      4. Breakage, scratching, denting, chipping, staining and tearing of items packed by you including boxes, trunks, suitcases and the like unless the container shows signs of external damage and provided that adequate containers were used. Containers or boxed which are open or not adequately sealed will not be covered. This policy shall also exclude claims for missing items unless a valued list of contents is supplied by you to us prior to commencement of transit and such list is approved by us.

      5. Loss or damage to any goods in wardrobes, drawers or appliances not both packed and unpacked by us.

      6. Loss or damage which occurs prior to collection or packing by us or after delivery or unpacking by us.

      7. Loss or damage to jewellery, watches, trinkets, precious stones, precious metals, coins, money, deeds, bonds, securities and stamps or collections of similar kind.

      8. Loss or damage caused by wear and tear, gradual deterioration, warping or shrinkage, moth and/or vermin unless it can reasonably be demonstrated that such loss or damage arose as a result of our actions or failings of those of our subcontractors, agents or servants

      9. Any consequential loss.

      10. Loss or damage to refrigerated or frozen food and/or drink, plants, house plants, brittle objects, items with inherent defects howsoever caused and/or goods likely to encourage vermin or other pests or to cause infection.

      11. Prohibited or stolen goods, drugs, potentially dangerous, damaging or explosive items including gas bottles, aerosols, paints, firearms and ammunition.

      12. Animals and their cages or tanks including pets, birds or fish.

      13. Mysterious disappearance of customers goods in transit or in store unless evidence can be provided to prove beyond all reasonable doubt that the loss is solely attributable to the dishonesty or connivance of our employees.

    2. None of our employees will incur any separate liability to you.

    3. If the value of your goods in store are, 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.

    4. 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.

    5. 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.

    6. We will not insure if we have advised that extra manpower is required but you decide not to hire or provide.

    7. We will not insure items that you move or help us to move.

  11. Delays in Transit

    1. Unless specifically agreed all arrival and departure times are estimates only.

    2. If a specific timetable is agreed in writing between us and any delay within our reasonable control occurs we will pay 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.

  12. Damage to Premises

    1. We shall only be liable for damage to premises caused by our negligence. Any damages to premises must be noted on the delivery receipt and confirmed in writing to us within 24 hours.

  13. Time Limit for Making Claims

    You must notify us of any loss or damage within 24 hours of the collection of goods by you or their delivery by us to their destination, unless we agree to an extension of this time limit. If you fail to make a notification to us of such loss or damage we will not be liable.

  14. Withholding or Disposal of the Goods

    We 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 between us. These may include any charges which 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 us as a result of withholding your goods and these Terms and Conditions will continue to apply.

  15. Sub-Contracting

    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.

  16. Storage Services

    1. The following terms will apply to all contracts for the storage of goods (in addition to all other terms set out in this document):

      1. All correspondence and notices will be deemed to have been received by you 7 days after posting to the last contact address provided by you;

      2. The manner in which goods are transported and whether we use conventional or containerised storage shall be within our sole discretion unless otherwise confirmed in writing

      3. Where we provide an inventory of goods stored on your behalf it will be accepted as accurate unless you provide us with written notice of any errors or omissions with 14 days of our posting the inventory to you;

      4. All charges for storage services are payable as agreed. All charges including removal charges must be paid in full in cleared funds before any goods are released from storage and we shall be entitled to exercise a lien over those goods until we receive payment of all charges due from you to us.

    2. We may change our storage charges and you will be given three months notice of any such change in advance in writing.

  17. Applicable Law

    These Terms and Conditions are subject to Scots Law.

  18. Whole Agreement

    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.

  19. Termination

    1. We may terminate this contract on three months notice in writing. If you wish to terminate this agreement while your goods are in storage you must give at least 10 working days notice in writing. You remain liable for charges for storage up to the date of release of the goods to you.

    2. Provided your payments are up to date, we will use reasonable endeavours to arrange the release of your goods on the dates you require, however specific dates cannot be guaranteed.

    3. If we wish to terminate your storage contract due to non payment, we will give you 28 days’ notice to require you to remove your goods from our custody and pay all money due to us. Any such notice will tell you that we will dispose of your goods 3 months thereafter if you fail to pay all outstanding sums due to us and, in that event, we will do so without further notice. The cost of the sale or disposal will be charged to you.

    4. If you choose someone else to collect your goods from our storage facilities, we are entitled to make an administration charge for handing them over. Our responsibility for such goods will cease upon their being handed over to your chosen representative.

Copyright © 2018 Man With A Van Edinburgh