Insurance Option

9A   This Condition applies only if you have accepted the Insurance Option.  In that event, the following provisions of this Condition 9A shall apply.

9A.1    We maintain an “open cover” insurance policy from which we are able to grant sub-policies to customers who accept the Insurance Option. If you accept the Insurance Option we shall arrange to extend to you the rights under our open cover insurance policy by way of a sub-contract of insurance in accordance with the summary of terms provided to you which will provide cover to you for your Goods. For the purposes of such insurance cover the indemnity value of the Goods shall be the value of the Goods stated in the acceptance of our quotation.

9A.2    If loss or damage occurs to the Goods as a result of any matter which may result in a claim under such insurance cover you shall be required to notify the insurer promptly of the claim in writing.  For the purposes of processing any such claim you shall provide the insurer or any agent of the insurer appointed to investigate such claim with such information and assistance as may reasonably be required in relation to the claim.  We will also provide to you, or the insurer, or any agent of the insurer appointed to investigate the claim, with such information and assistance in relation to the claim as may reasonably be required.

9A.3    We have accepted the voluntary jurisdiction of the Financial Ombudsman Scheme and the National Guild of Removers and Stores’ Insurance Consumer Code of Practice in relation to the offer of the Insurance Option. However, we do not give any advice concerning the insurance cover referred to in Condition 9A.1 and it is for you to make your own judgement whether such insurance is appropriate to cover the Goods and risks to them.

9A.4   Nothing in this Condition 9A shall make us your agent.

Delays in transit

10.1    Unless we give a specifically agreed written timescale then arrival and departure times are an estimate only.

10.2    If we do not keep to an agreed written time scale schedule and any delay is within our reasonable control we will pay your reasonable expenses which arise as a result of our not keeping to the agreed written time schedule. If through no fault of ours we are unable to deliver your Goods, we will take them into store. This contract will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense.

We shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of our obligations under this agreement if such delay or failure results from events, circumstances or causes beyond our reasonable control including but not limited to adverse weather conditions. In such circumstances we shall be entitled to a reasonable extension of time for performing such obligations, provided that if the period of delay or non-performance continues for 4 weeks then you may terminate this agreement, without penalty by giving not less than 7 days written notice to us.

In the event that the agreement is terminated under clause 10.3 and we have part performed any of our obligations under this agreement, including but not limited to a completed or part-completed packing service and/or any storage requirement, any charges incurred by us at the time of your termination under clause 10.3 shall become chargeable in accordance with our standard rates applicable at the time.

In the event of termination under clause 10.3, any monies already paid will be refunded save that we reserve the right to set off such sums as are due to us under clause 10.3.1

10.3.3   We shall not be liable for any costs or charges you incur as a result of the termination of the agreement under clause 10.3.

Damage to premises

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 seven days unless you request a reasonable extension which we agree in writing. Because third party contractors or others are frequently present at the time of collection or delivery it is not always possible to

Establish who was responsible for loss or damage. If We are negligent or in breach of contract or otherwise responsible for causing loss or damage to Your premises We will pay You either;

A: the cost of repairing the damaged area to a maximum limit of £75; or

B: up to a maximum of £75 on each premises.

Time limits for claims

We will not be liable for any loss or damage to any goods unless any claim for loss or damage is notified to us in writing by recorded delivery post or email WITHIN SEVEN DAYS (this is a requirement of insurers) of either their collection by you or delivery by us to their destination, unless you request a reasonable extension which we agree in writing.  Day one of seven to start the day after either their collection by you or delivery by us to their destination.

Our rights to withhold or dispose of Goods

We have a legal right to withhold or (subject to complying with the notice procedure in condition 16.6) ultimately dispose of some or all of the Goods until you have paid all our charges and other payments due under this contract. These include any charges that we have paid out on your behalf. While we hold the Goods and wait for payment you will be liable to pay all storage charges and other costs incurred as a result of our withholding your Goods and these terms and conditions will continue to apply.

Disputes

11.1     If there is a dispute arising from this agreement which cannot be resolved either you or we may refer it to the Conciliation Service provided by The National Guild of Removers and Storers (“the Guild”). A referral of any matter to the Guild by us does not affect your right to pursue the matter through the Court.

11.2     As a member of the National Guild of Removers and Storers we participate in the Removals Industry Ombudsman Scheme (“the Scheme”). In the event that you are not satisfied with the result of the Conciliation Service referred to above you are entitled to refer the matter to the Ombudsman subject always to the rules of the Scheme from time to time.

Sub-contracting the work

12.1     We reserve the right to sub-contract some or all of the work for which we have provided a quotation without reference to you.

12.2   If we sub-contract these conditions will still apply in full.

Storage services

The following terms in addition to all other terms set out in this document will apply to all contracts for the storage of Goods:-

13.1     If you require storage facilities you are obliged to provide a forwarding address and notify us in writing if it changes. All correspondence and notices will be deemed to have been received by you seven days after posting it to the last forwarding address recorded by us.

13.2     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.

13.3     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 within 14 days of our posting the inventory to you.

13.4     All charges for storage services are payable in advance. All our 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 u

13.5     We review our storage charges periodically. You will be given 28 days’ notice in writing of any increases following which our revised rates as notified will apply. We will always act reasonably in reviewing our storage charges.

13.6     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. Any such notice will tell you that we will dispose of your Goods three 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. The net proceeds will be credited to your account and any eventual surplus will be paid to you without interest.

13.7     If your payments are up to date we will not end this contract except by giving you three calendar months’ notice in writing. If you wish to terminate your storage contract you should give at least 14 days’ notice. Whilst we will use reasonable endeavours to arrange the release of your Goods on the dates you require, specific dates cannot be guaranteed.

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

Whole agreement

These Terms and Conditions together with our quotation are intended to form the whole agreement between us and to prevail over any verbal discussions. Should we mutually agree to any variation of these terms such variation should be confirmed in writing. Any variation however agreed shall never invalidate the remainder of these Terms and Conditions.

Jurisdiction

This contract is subject to the laws of England and Wales if our principal place of business is situated in England or Wales, or to the laws of Scotland if our principal place of business is situated in Scotland.