House Clearances
Terms and Conditions
Easy Movers Terms and Conditions
1. Our Quotation
1.1 Our quotation, unless otherwise stated, does not include customs duties port charges including (but not limited to) demurrage and inspections or any fees or taxes payable to government bodies or agencies. For the price quoted we agree to accept liability for loss or damage to your goods and premises subject to clauses 2.2, 3.2, 5.2, 5.3 and the provisions of Clauses 4, 9, 10, 11 and 12.
1.2 Our Quotation is valid for twenty-eight days from the date of issue. Unless already included in Our Quotation, additional charges will apply in the following circumstances:
1.2.1 If the work does not commence within twenty-eight
days of acceptance;
1.2.2 Where We have given You a price including redelivery from store
within our Quotation and the re-delivery from store has not taken place
within six months from the date of the issue of the quotation;
1.2.3 Our costs change because of currency fluctuations, changes in
taxation, freight, fuel, ferry or toll charges beyond our control.
1.2.4 The work is carried out on a Saturday, Sunday, or Public Holiday or
outside normal hours (08.00-18.00hrs) at your request.
1.2.5 We have to collect or deliver goods at your request above the
ground floor and first upper floor.
1.2.6 If You or Your agents request collection or access to Your goods
whilst they are in store;
1.2.7 We supply any additional services, including moving or storing extra
goods (these conditions apply to such work).
1.2.8 The entrance or exit to the premises, stairs, lifts, or doorways are
inadequate for free movement of the goods without mechanical
equipment or structural alteration, or the approach, road or drive is
unsuitable for our vehicles and/or containers to load and/or unload
within 20 metres of the doorway.
1.2.9 We have to pay parking or other fees or charges in order to carry
out services on your behalf. For the purpose of this Agreement parking
fines are not fees or charges. You are not responsible for paying them;
1.2.10 There are delays or events outside our reasonable control which
increase or extend the resources or time allowed to complete the agreed
work.
1.2.11 We agree in writing to increase Our limit of liability set out in
Clause 9.1.1 prior to the work commencing;
1.2.12 Waiting Times charges are as follows
(a) 3.5 tonne vehicle £125 per hour
(b) 7.5 tonne vehicle £210 per hour
1.3 You agree to pay any reasonable charges arising from the above circumstances.
2. Work not included in the quotation
2.1 Unless agreed by us in writing, we will not:
2.1.1 Dismantle or assemble furniture of any kind
2.1.2 Disconnect, re-connect, dismantle or re-assemble appliances,
fixtures, fittings or equipment.
2.1.3 Take up or lay fitted floor coverings.
2.1.4 Move items from a loft, unless properly lit and floored and safe
access is provided.
2.1.5 Move or store any items excluded under Clause 5.
2.1.6 Dismantle or assemble garden furniture and equipment including,
but not limited to: sheds, greenhouses, garden shelters, outdoor play
equipment, and satellite dishes, or move paving slabs, planters and the
like.
2.2 Our staff are not authorized or qualified to carry out such work. We recommend that a properly qualified person is separately employed by you to carry out these services.
3. Your responsibility
3.1 You agree to:
3.1.1 Advise us in writing of the value of the goods being removed and/or
stored prior to the work commencing. If it is established that the value of the goods removed or stored exceeds the value you have stated, our
liability under clause 9.1 will be reduced to reflect the proportion that
your declared value bears to their actual value.
3.1.2 Obtain at your own expense, all documents, permits, permissions,
licences, customs documents necessary for the removal to be completed.
3.1.3 Pay for any parking or meter suspension charges incurred by us in
carrying out the work.
3.1.4 Be present or represented throughout the collection and delivery of
the removal.
3.1.5 Ensure that inventories, receipts, waybills, job sheets or other
relevant documents are signed by you or your authorised representative
as confirmation of collection or delivery of goods.
3.1.6 Take all reasonable steps to ensure that nothing that should be
removed is left behind and nothing is taken away in error.
3.1.7 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.
3.1.8 Prepare adequately and stabilize all appliances or electronic
equipment prior to their removal.
3.1.9 Empty, properly defrost and clean refrigerators and deep freezers.
We are not responsible for the contents.
3.1.10 Ensure that all domestic and garden appliances, including but not
limited to washing machines, dish washers, hose pipes, petrol lawn
mowers are clean and dry and have no residual fluid left in them;
3.1.11 Provide Us with a correct and up to date contact address and
telephone number during removal transit and/or storage of goods.
3.1.12 Arrange appropriate transport, storage or disposal of goods listed
in Clause 5
3.2 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.
4. Our responsibility
4.1 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.
4.2 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.
4.3 If we fail to discharge the responsibilities identified in clause 4.1 and 4.2, we will, subject to the provisions of clauses 9, 11 and 12, be liable under this agreement to compensate you for such failure.
4.4 We will not be liable to compensate you where clauses 2.2, 3.2, 5.2 and 5.3 apply unless loss or damage occurred as a result of negligence or breach of contract on our part.
4.5 If you do not provide us with a declaration of value of Your goods, or if You do not require us to accept standard liability pursuant to clause 9.1 We will not be liable to You for failure to discharge the responsibilities identified in clause 4.1 and 4.2, unless that failure was caused by negligence or breach of contract on our part.
4.6 The amount of our liability under this clause shall be determined in accordance with clauses 9 and 11.
5. Goods not to be submitted for removal or storage
5.1 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. The items listed under 5.1.1 below may present risks to health and safety and of fire. Items listed under 5.1.2 to 5.1.7 below carry other risks and you should make your own arrangements for their transport and storage.
5.1.1 Prohibited or stolen goods, drugs, potentially dangerous, damaging
or explosive items, including gas bottles, aerosols, paints, firearms and
ammunition.
5.1.2 Jewellery, watches, trinkets, precious stones or metals, money,
deeds, securities, stamps, coins, or goods or collections of any similar
kind.
5.1.3 Goods likely to encourage vermin or other pests or to cause
infestation or contamination.
5.1.4 Goods, which in our opinion are hazardous to health, dirty or
unhygienic or likely to attract vermin or pests. We may refuse such goods
without liability to you.
5.1.5 Perishable items and/or those requiring a controlled environment.
5.1.6 Any animals, birds fish reptiles or plants.
5.1.7 Goods which require special licence or government permission for
export or import.
5.2 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.
5.3 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 may apply for an appropriate court order to dispose of any such goods found in the consignment. You will pay to us any charges, expenses, damages, legal costs or penalties incurred by Us disposing of the goods.
6. Ownership of the goods
6.1 By entering into this Agreement, you guarantee that:
6.1.1 The goods to be removed and/or stored are your own property, or
the goods are your property free of any legal charge; or
6.1.2 You have the full authority of the owner or anyone having a legal
interest in the goods to enter into this Agreement and You have made
the owner fully aware of these terms and conditions prior to entering into this Agreement and that they have agreed to them.
6.1.3 If at any time following the implementation of this agreement to its
termination another person has or obtains an interest in the goods you
must advise us of their name and address in writing immediately.
6.1.4 You will provide a full indemnity and pay us in respect of any claim
for damages and/or costs brought against us if either statement made in
6.1.1 or 6.1.2 is untrue.
6.1.5 If you wish to transfer responsibility of this Agreement to a third
party you must advise us in writing giving us their full name and address.
We will issue a new agreement to them. Our Agreement with You will
remain in force until we have received a signed agreement from the third
party.ss otherwise agreed in writing, payments must be made by
Credit/Debit Card.
7. Charges if You postpone or cancel the removal
7.1 If you postpone or cancel this Agreement, We reserve the right to charge you a postponement or cancellation fee according to how much notice is given as set out below at 7.1.1 – 7.1.4. “Working days” refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays.
7.1.1 More than 10 working days before the removal was due to start: No
charge.
7.1.2 Between 5 and 10 working days inclusive before the removal was due
to start: not more than 30% of the removal charge.
7.1.3 Less than 5 working days before the removal was due to start: not
more than 60% of the removal charge.
7.1.4 On the day the work starts or at any time after the work commences
100% of our charges.
7.2 Cancellation/Postponement Waiver. If offered and paid for in advance of the commencement of the services, we agree to waive the charges in Clauses 7.1.1, 7.1.2 and 7.1.3. Our agreement to waive the charges is conditional upon us receiving a written notice of your intention to cancel/postpone, no later than 17:00 hours on the preceding working day before the work commences. The cancellation/postponement waiver will entitle you to only one cancellation/postponement.
8. Payment
8.1 Unless otherwise agreed by us in writing, payment is required in full by cleared funds in advance of the removal or storage period. In default of such payment we reserve the right to refuse to commence removal or storage until such payment is received.
8.2 In respect of all sums which are overdue to Us, We will charge interest on a daily basis calculated at 4%
per annum above the prevailing base rate for the time being of the Bank of England.
8.3 Unless otherwise agreed in writing, payments must be made by Credit/Debit Card.
8.4 Where additional costs are applicable within these Terms or on agreement to carry out extra work (and your acceptance of the cost) payment will be collected from the Credit/Debit Card details provided by you.
8.5 Storage charges and agreed additional charges will be collected as they become due and by entering into this Agreement, you authorise us to take storage payments using the Credit/Debit Card details provided.
9. Determination of amount of our liability for loss or damage
9.1 Standard Liability.
9.1.1 If You advise Us of the value of Your goods, prior to the work
commencing and subject to clause 3.1.1, the amount of Our liability to You
in the event of loss or damage to those goods in breach of clause 4 will be
determined by Clauses 9.1.2, 9.1.3 and 11, up to a maximum liability of
£25,000 in the event of the total loss of the goods. We may agree to accept
liability for a higher amount, in which case we may make an additional
charge.
9.1.2 In the event of loss of or damage to Your goods in breach of clause 4,
Our liability to You shall not exceed a sum equivalent to the cost of their
repair or replacement whichever is the smaller sum, taking into account
the age and condition of the goods immediately prior to their loss or
damage, up to the maximum liability of £25,000 referred to in clause 9.1.1
(unless We have agreed a higher amount with You).
9.1.3 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.
9.2 Limited Liability.
9.2.1 If you have not provided us with a written valuation prior to the work
commencing, or you do not require us to apply the Standard Liability in
clause 9.1, then our liability to You will be determined in accordance with
Clauses 9.1.3, 9.2.2 and 11.
9.2.2 In the event of loss of or damage to your goods caused by our
negligence or breach of contract, our liability to you shall not exceed £40
per item.
9.3 For goods destined to or received from a place outside the UK
9.3.1 We will only accept Standard Liability if you provide us with a
valuation of your goods on the form which we provide. All other provisions
of Clause 9.1 will apply.
9.3.2 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.
9.3.3 We do not accept liability for loss of or damage to goods occurring in
certain overseas countries, including Gambia, Iran, Iraq, Nigeria, Libya,
Lebanon, Angola, Cambodia, Vietnam, N. Korea and Former States of the
USSR, unless We have been negligent or in breach of contract. This list is
not exhaustive, and we will advise you at the time of quotation if this
exclusion applies.
9.3.4 Subject to clauses 9.1 and 9.2 above We will accept liability for loss or
damage only in the following circumstances:
(a) arising from our negligence or breach of contract 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.
9.4 For the purposes of this Agreement an item is defined as :-
9.4.1 The entire contents of a box, parcel, package, carton, or similar
container; and
9.4.2 Any other object or thing that is moved, handled or stored by us.
10 Exclusions of liability
10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to insure Your Goods. If You ask Us in writing to arrange insurance cover for You We will, provided You declare the full replacement value of Your Goods and pay the premium in advance.
10.2 We shall not be liable for delays or failures to provide the services under this Agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control.
10.3 Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of:
10.3.1 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.
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless We arranged for the work to
be carried out.
10.3.4 Changes caused by atmospheric conditions such as dampness,
mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration
unless directly linked to ingress of water. OR
10.3.5 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.
10.3.6 For electrical or mechanical derangement to any appliance,
instrument, clock, computer or other equipment unless there is evidence
of related external damage.
10.3.7 For any goods which have a pre-existing defect or are inherently
defective.
10.3.8 For perishable items and/or those requiring a controlled
environment.
10.3.9 Loss of structural integrity of furniture constructed of particle board
resulting from crumbling of the board.
10.3.10 For items referred to in Clause 4.
10.4 No employee of Ours shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement.
10.5 Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised representative (see Clause 11.1 below).
10.6 We will not be liable for any loss or damage caused by Us or Our employees or agents in circumstances where:
(a) there is no breach of this Agreement by Us or by any of Our
employees or agents
(b) such loss or damage is not a reasonably foreseeable result of any
such breach.
11 Time limit for claims
11.1 If You or Your authorised representative collect the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
11.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit upon receipt of Your written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld.
12 Delays in transit
12.1 Other than by reason of Our negligence or breach of contract, We will not be liable for delays in transit.
12.2 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.
12.3 Any transit times quoted by Us are estimated and based upon information known to Us at the time. Transit times may vary due to a number of factors outside Our control including but not limited to changes in sailing or departure dates made by the freight/shipping company, changes in the routes used by the freight/shipping company and port congestion. We will advise You of any material changes to the transit times as soon as We become aware. We will not be liable for any loss or damage incurred by You as a result of delays in transit time unless directly attributable to Our negligence or breach of contract.
13 Our Right to Hold the Goods (lien)
“Lien” is the legal right of the remover to hold goods until the customer has paid all outstanding charges. We shall have a right to withhold and ultimately dispose of some or all of the goods if You fail to pay the charges and any other payments due under this or any other Agreement. (See also Clause 22). 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 (including legal costs) reasonably incurred by Us in recovering Our charges and applying Our right of lien. These terms and conditions shall continue to apply.
15 Our right to sub-contract the work
15.1 We reserve the right to sub-contract some or all of the work.
15.2 If We sub-contract, then these conditions will still apply.
16 Route and method
16.1 We have the right to choose the method and route by which to carry out the work and the location in respect of storage.
16.2 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 utilised for consignments of other customers.
17 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.
18 Applicable law
Any dispute between us will be governed by the non-exclusive law and jurisdiction of the English or Scottish Courts. If you currently reside or are moving to a place outside the jurisdiction of the Courts of the United Kingdom, alternative laws or jurisdiction of local courts may apply subject to our written agreement prior to the work or services commencing.
19 Your forwarding address
19.1 If You instruct Us to store Your goods, You must provide a correct and up to date address and telephone number and notify Us if it changes. All correspondence and notices will be considered to have been received by You seven days after sending it by first class post to Your last address recorded by Us
19.2 If You do not provide an address or respond to Our correspondence or notices, We may publish such notices in a public newspaper in the area to or from which the goods were removed. Such notice will be considered to have been received by You seven days after the publication date of the newspaper. Note: If We are unable to contact you, We will charge you any costs incurred in establishing Your whereabouts.
20 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 10 days of the date of our sending, or within a reasonable period agreed between us, notifying Us of any errors or omissions.
21 Revision of storage charges
We review our storage charges periodically. You will be given 30 days’ notice in writing of any increases.
22 Our right to Sell or dispose of the Goods
If payment of Our charges relating to Your goods is in arrears, and on giving You three months’ 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 amounts due to Us, We may sell or dispose of some or all of 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. If the full amount due is not received, We may seek to recover the balance from You.
23 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 (working days are defined in Clause 6 above). 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.
