Home and Office Removals
These conditions form the contract between the customer and Tomlinson Removals & Storage. It is important that you read them carefully. Alternative terms and conditions can apply if agreed in writing before we start services. This contract is subject to English Law and the jurisdiction of the English Courts, unless both parties have agreed otherwise.
For the purposes of this contract, the following words shall have the following meanings:
We, Us, Our: Tomlinson Removals & Storage.
You, Your: The customer or Your agent or representative.
Goods: The goods that are subject the services.
Services: Any work we have agreed to carry out on your behalf.
Working days are Monday to Friday, excluding bank holidays.
Our quotation is based upon information you have provided. It is valid for 28 days from the date stated. It is subject to availability of resources. We may amend our quotation if:
A. The services do not commence within 28 days from the date of your acceptance
B. You request additional services or add extra goods.
C. In our opinion, equipment, structural alteration, or additional resources are required where stairs, lifts, windows or doorways are inadequate for the free movement of the goods without risk of damage or injury to our employees or others.
D. The approach road or drive is unsuitable for our vehicles and/or containers to load/unload within 20 metres of the doorway.
E. We are asked to collect or deliver above ground or first upper floors unless agreed.
F. Additional goods are placed in store or require access to the goods or goods are handed out from store.
G. The services are carried out on a Saturday, Sunday, or public holiday
H. If we incur any costs arising from any of the circumstances mentioned in clause 5.
I. We agree in writing to increase our limits of liability in conditions 8 or 9.
2. Services Not Included
Unless agreed otherwise in writing before the date of this quotation, our price does not include:
A. Dismantling or assembling furniture.
B. Dismantling or assembling fitments or fixtures (of any description) including curtains.
C. Disconnecting or connecting appliances or equipment.
D. Taking up or laying fitted floor coverings.
E. Moving loaded freezers or refrigerators
F. Dismantling or assembling sheds, greenhouses, garden shelters, outdoor play equipment, heavy or cumbersome garden items, or satellite dishes.
G. Moving goods from or to a loft/attic unless the loft/attic is properly lit, floored, and has a safe means of entry or exit.
10% deposit needs to be paid to reserve your moving slot and the remaining amount is payable before unloading.
4. Declaration of Ownership/ Authority to CONTRACT
You declare that:
A. The goods are your property free of any legal charge or claim from any third party.
B. You have the full authority of the owner or anyone having a legal interest in the goods to enter into this contract and they have been made fully aware of these terms and conditions and agreed to them. You agree to pay us in respect of any claims, charges and demands including legal costs arising from any claim made in relation to the goods by the owner or any third party. If another person has or obtains an interest in the goods, you must advise us in writing giving us the full name and address of the third party. We will issue a new contract to the third party. Your responsibilities under this contract will continue until such times as we receive a signed contract from the third party.
5. Your responsibilities
A. To be present or represented throughout the collection and delivery of the goods to ensure that nothing to be removed or left behind and nothing is taken away in error: Additional charges will apply for collecting/returning goods left behind or collected in error.
B. To arrange proper protection for goods left in unoccupied or unattended premises or where other people such as tenants or workmen are or will be present. We shall not be liable for any loss or damage if you fail to do so.
C. Not to offer for removal or storage; jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps or coins (or similar collections of any kind), plants and animals. We will not be liable for any claims for loss or damage to these items if they are placed in our care or custody. You must make alternative transport or storage arrangements for such items.
D. Not to offer for removal, or storage any item or thing unless you have insured that item or thing against accidental loss or damage and loss or damage caused by fire, lighting, or explosion.
E. Not to offer for removal, or storage any items (including food stuffs) which in our opinion are dangerous, damaging or explosive, hazardous to health, in dirty unhygienic condition, or likely to attract vermin or other pests. We may refuse to remove or store such items without any liability to you. If such items are removed or stored by us or anyone else through the presence of such items. We may remove and dispose of such items if in our opinion they pose a risk or you refuse to collect them. You agree to pay us any costs or expenses incurred by us in relation to their removal and disposal.
F. To empty and defrost refrigerators and freezers and to make alternative transport arrangements for their contents. We shall not be liable for damage to any freezer or refrigerator or its contents which results from the freezer or refrigerator being moved partially or fully loaded, nor for any illness or deterioration in such contents resulting from a change in temperature.
G. To ensure that all domestic and garden appliances, including but not limited to washing machines, dishwashers, hosepipes, petrol lawnmowers are clean and dry and there is no residual fluid left in them.
H. To pay for any parking meter suspension charges which we incur whilst carrying out services for you.
6. Cancelling and Postponement
If you cancel or postpone the services:
A. 7 days from the start date there are no charges
B. On the day the services start or at any time after the services have commenced you agree to pay 100% of the price of the services.
7. Our liability for loss and damage to the goods
We do not know the value of your goods, therefor we limit our liability to a fixed limit per item. The amount of risk we accept under this condition is reflected in our price for the services. If you wish us to increase our limit of liability per item, you agree to pay a higher price for the services. Unless agreed otherwise in writing, if we are negligent or in breach of contract, we will pay you up to £40 for each item which is either lost or damaged to cover the cost of repairing or replacing that item. For the purposes of this contract an item defined as follows:
A. The contents of a box, parcel, package, carton, or similar container.
B. Any other object, suite, set or thing is moved or handled or stored by us. It is your responsibility to ensure goods against loss or damage.
8. limits of liability for damage to premises:
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 premise.
9. Exclusions of liability
We shall not be liable for:
A. Loss or damage caused by fire at your property. You must take out fire insurance to cover your goods against this risk. If you ask us in writing to arrange insurance cover for you, we will, provided you declare the full value of your goods and pay the premium in advance. Details of the insurance we can arrange are available upon request.
B. Loss or damage caused where goods have been packed or unpacked by you or others.
C. Loss or damage caused by changes in atmospheric conditions including but not limited to; dampness, mould, or mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly attributable to an ingress of water caused by our negligence or breach of contract.
D. Loss or damage caused by vermin, moth, or other infestation.
E. Loss or damage caused if goods have any inherent defects or suffer from any inherent vice/fault.
F. For any delay of failure to perform the services due to circumstances outside of our control which shall include but not limited to; fire, war, sabotage, civil disturbance, acts or restrictions, bylaws, prohibitions, or measures on the part of local or government authority, industrial disputes, embargoes, bad weather or equipment or vehicle breakdown.
10. Time limits for reporting claims
You must provide us with precise details of your claim including the amount claimed in writing within the time limit stated belwo otherwise we will not be liable:
A. For goods believed to be lost or damaged - within a reasonable period. Not exceeding seven days after the delivery of the goods.
B. For goods removed from our premises by anyone other than us - at the time the goods are handed over.
C. For damage to premises - at the time of delivery of your goods by recording such damage on the delivery sheet.
11. NON-PAYMENT/RIGHT OF LIEN:
A. If our charges are not paid, we reserve the right to apply a lien on your goods. Lien is a legal right to retain goods until a debt is paid. The goods will be held until payment is made in full. The terms and conditions of this contract will continue to apply to the goods. You will be responsible for any administration charges, costs, storage charges, legal costs, and expenses whilst the goods are subject to the lien. All administration charges, costs, storage charges, legal costs and expenses must be paid in full before then lien is lifted. We shall have a general or particular lien upon all goods in our possession for all money you owe us or for expenses incurred by us and for payments we make on your behalf. If some of the goods have been delivered, removed, dispatched, or sold, the general lien shall apply to any goods that remain in our possession.
B. Notice of sale or disposal;
If any charges remain outstanding for more than 30 days we may give you 30 days written notice requiring you to remove all goods from our care, control or custody and pay all outstanding sums. If having served you with notice at your last known address, you do not comply with the notice, we may sell or otherwise dispose of all or part of the goods without further reference to you. Any proceeds of sale will be credited to your storage account or against any other payments due to us from you. You will be responsible for any costs incurred by us selling or disposing of the goods. Any surplus proceeds of the sale will be paid to you without interest. Goods that cannot be sold will be made available to you for collection. If they are not collected within 30 days from the date of our written request to collect them, the goods shall be treated as abandoned and will be disposed of. We shall not be liable for any claim made in respect of the goods.
12. Settling Disputes
If a dispute arises under this agreement in the United Kingdom that cannot be resolved it may be referred by either party to the Conciliation Service provided by the Removals Ombudsman Scheme. This does not prejudice your rights to commence legal proceedings.
A. Registered address:
You must provide a postal and where possible and e-mail address to which all communications are to be directed and shall notify us in writing of any change. ALL communications to you will be treated as having been duly served and received by email on the day it is sent or 3 days after posting by first class post if sent by post to the registered address or the address from which the last communication was received by us. If we are unable to contact you at the address advised, you will be responsible for all costs we incur in establishing your whereabouts.
If we provide an inventory or receipt for goods it need not state the contents of any article, suite, case, bundle, package or other container. The inventory or receipt shall be final except for any specific item which you may point out in writing within seven days of receiving the inventory. No claim may be made in respect of any item not described in the inventory or receipt.
C. Revision of storage charges:
Storage charges are subject to revision and you will be notified of any increase in writing 30 days before the increase comes in to effect.
D. Termination by us:
If payment due from you is not in arrears we may end this agreement by giving you 30 days notice.