This is the terms and conditions for the website https://www.simpsonsremovalsmcr.co.uk.
Our quotation, unless otherwise stated, does not include insurance, customs duties, port charges including (but not limited to) demurrage, inspections, or any fees, or taxes payable to government bodies or agencies.
Our quotation is valid for 28 days from the date of issue. Unless already included in our quotation, reasonable additional charges will apply in the following circumstances:
You agree to pay any reasonable charges arising from the above circumstances.
Work not included in the quotation
Unless agreed by us in writing, we will not:
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.
It will be your responsibility to:
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 a failure to discharge these responsibilities.
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 below carry other risks and you should make your own arrangements for their transport and storage.
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 a court order to dispose of any such goods found in the consignment. You agree to pay us any charges, expenses, damages, legal costs or penalties reasonable incurred by us in disposing of the goods.
By entering into this agreement, you guarantee that:
If you postpone or cancel this agreement, we reserve the right to charge you a reasonable postponement or cancellation fee according to how much notice is given. ‘Working days’ refer to the normal working week of Monday to Friday and excludes weekends and public holidays.
More than 10 working days before the removal was due to start: no charge
Between 5 and 10 working days inclusive before the removal was due to start: not more than 30% of the removal charge.
Less than 5 working days before the removal was due to start: not more than 60% of the removal charge
On the day the work starts or at any time after the work commences up to 100% of our charges.
If the scheduled removal date is postponed more than once by you, we will charge the full amount for each postponement thereafter. No refunds for a postponement will be given.
Unless otherwise agreed by us in writing, payment is required in full by cleared funds 24 hours 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. Such advance payments are protected under the BAR pre-payment protection scheme as details in the BAR code of practice.
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.
We do not know of the value of your goods therefore we limit out liability to a fixed limit per item. The amount of liability we accept under this agreement is reflected in our charges for the work. If you wish us to increase our limit of liability per item you agree to pay a higher price for the work. unless otherwise agreed in writing if we are negligent or in breach of contract we will pay you up to £40 for each item which is lost or damaged as a direct result of any negligence or breach of contract on our part to cover the cost of repairing or replacing the item.
For goods destined to, or received from a place outside the United Kingdom
We will only accept liability for loss or damage
Arising from our negligence or breach of contract whilst the goods are in our physical possession, or 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.
The entire contents of a box, parcel, package, carton, or similar container; and Any other object or thing that is moved, handled or stored by us.
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 the loss or damage. Therefore our liability is limited as follows.
If we cause loss or damage to premises or property other than goods for removal as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only. If we cause damage as a result of moving goods under your express instruction, against our advice, and where moving the goods in the manner instructed is likely to cause damage, we shall not be liable. if we are responsible for causing damage to your premises or the property other than goods submitted for removal and/or storage, you must note this on the worksheet or delivery receipt as soon as practically possible after the damage occurs or is discovered or in any event within a reasonable time. This is fundamental to the agreement.
We shall not be liable for loss or damage caused by fire or explosion. It is your responsibility to insure your goods against fire or explosion. If you ask us in writing to arrange fire insurance cover for you we will, provided you declare the full replacement value of your goods and pay the premium in advance.
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-scheduling sailing, departure or arrival times, port congestion, or other such events outside our reasonable control.
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:
There is not breach of this agreement by us or by any of our employees or agents. Such loss or damage is not a reasonably foreseeable result of any such breach.
If you or your authorised representative collects 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 as soon as practically possible. For goods which we deliver, you must advise us 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.
Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit. 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. 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 freight/shipping Company, changes in the routes used by the freight 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 attributable to our negligence or breach of contract.
Our right to hold the goods (lien) ‘Lien’ is the right to 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. 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) reasonable incurred by us in recovering our charges and applying our right of lien. These terms and conditions shall continue to apply. Disputes If there is a dispute arising from this agreement, which cannot be resolved, either party may refer it to the conciliation service provided by the British Association of Removers (BAR). If the dispute cannot be settled by this method, it may be referred by either party to the BAR arbitration service. Under this scheme, the case will be independently determined by an arbitrator appointed by Independent dispute resolution services LTD. Recourse to arbitration is subject to certain limits, current details of which are available upon request from BAR, Tel: 01923 699486, Fax: 01923 699481, Conciliation does not prejudice your right to commence court proceedings. Our right to sub-contract the work
We reserve the right to sub-contract some or all of the work If we sub contract, then these conditions will still apply.
We have the right to choose the method and route by which to carry out the work Unless it has been specifically agreed otherwise in writing in our quotation, other space/volume/capacity on our vehicles and/or container may be utilized for consignments of other customers.
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. 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. Your forwarding address
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.
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 publication date of the newspaper. Note: If we are unable to contact you, we will charge you any costs incurred in establishing your whereabouts.
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 as accepted as accurate unless you write to us within 10 days of the date of our sending, or within a reasonable period agreed by us, notifying us of any errors or omissions.
Revisions of storage charges We review our storage charges periodically. You will be given 30 days notice in writing of any increases.
Our right to sell or dispose of 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.
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. 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.