Highlands Removals Storage Wick Thurso Caithness
 
 
 

TERMS AND CONDITIONS

These conditions explain your rights, obligations and responsibilities and those of our company. A contract is a two-way arrangement and it is important that everyone knows where they stand. Where we use the word ‘you’ or ‘your’ it means the customer: ‘we’, ’us’ or ‘our’ means Colin Mackenzie Removals & Storage. These conditions can only be changed or amended by our written agreement.

1. Our Quotation
Our quotation is a fixed price. Unless otherwise stated it does not include insurance, customs duties and inspections or any other fees payable to government bodies.
We may change the price or make additional charges if any of the following have not been taken into account when peparing out quotation and comfirmed by us in writing.
(a) The work is carried out on a Saturday, Sunday, or Public Holiday at your request.
(b) We have to collect or deliver goods above the ground and first upper floor.
(c) We supply any additional services, including moving or storing extra goods, (these conditions apply to such work).
(d) The stairs, lifts or doorways are inadequate for free movement of the goods without mechanical equipment or structral 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, and this means we have to do extra work.
(e) Any parking or other fees or charges that we have to pay in order to carry out services on your behalf.
(f) There are delays or events outside our reasonable control.
(g) We agree in writing to increase our limit of liability set out in clause 8.
In all these circumstances, you will pay the adjusted charges.

2. Work not included in the quotation
Unless agreed by us in writing we will not:
(a) Dismantle or assemble unit or system furniture (flat-pack), fitments or fittings.
(b) Disconnect or reconnect appliances, fixtures, fittings or equipment.
(c) Take up or lay fitted floor coverings.
(d) Move storage heaters unless they are dismantled.
(e) Move items from or to a loft.
(f) Move or store any items excluded under clause 4.
Our staff are not authorised 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
It will your sole responsibility to:
(a) Declare to us the value of the goods being removed and/or stored.
(b) Arrange adequate insurance cover for the goods submitted for the removal transit and/or storage, against all insurable risks.
(c) Obtain at your own expense, all documents, permits, licenses, customs documents necessary for the removal to be completed.
(d) Be present or represented throughout the removal.
(e) Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
(f) 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.
(g) Prepare adequately and stabilise all appliances or electronic equipment prior to their removal.
(h) Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for contents.
(i) Provide us with a contract address for correspondence during removal transit and/or storage of goods.
Other than by reason of our negligence, we will not be liable for any loss or damage, costs or additional charges that may arise from any of these matters.

4. Goods not to be submitted for removal or storage.
The following items are specifically excluded from this contract.
(a) Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or goods or collections of any similar kind.
(b) Prohibited or stolen goods, drugs potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
(c) Plants or goods likely to encourage vermin or other pests to cause infestation.
(d) Refrigerated or frozen food or drink.
(e) Any animals and their cages or tanks including pets, birds or fish.
(f) Goods which require special licence or government permission for export or import.
Such goods will not be removed by us except with our prior written agreement. In the event that we do remove such goods, we not accept liability for loss or damage wholly or mainly attributable to the special nature of the goods concerned. If you submit such goods without our knowledge and prior written agreement we will not be liable for any loss or damage and you will indemnify is against any charges, expenses, damages or penalties claimed against us. In addition we shall be entitled to dispose of (without notice) any such goods which are listed under paragraphs 4(b), 4(c) 4(d).

5. Ownership of the goods
By entering into this contract, you declare that:
(a) The goods to be removed and/or stored are your own property, or
(b) The person(s) who own or have an interest in them, have given you authority to make this contract, and have been made aware of these conditions.
You will meet any claim for damages and/or costs against us if these declarations are not true.

6. Charges if you postpone or cancel the removal
If you postpone or cancel this contract, we may charge according to how much notice is given.
(a) More than 10 days before the removal was due to start; NIL
(b) Less than 10 days, but more than 5 days before removal was due to start; 30% of the removal charge.
(c) Less than 5 days before the removal was due to start; 60% of the removal charge.

7. Paying for the removal
Unless otherwise stated agreed by us in writing:
(a) payment is required by cleared funds in advance of the removal/storage period.
(b) You may not withhold any part of the agree price.
(c) In respect of all sums which are overdue to us, we will charge interest calculated at 5% above the base rate for the time being of National Bank.

8. Our liability for loss or damage
Our liability for loss or damage is limited as set out in clause 8(a) below. You may request us to increase our liability, as set out in clause 8(c) below, subject to our express written agreement in advance of carrying out the removal and/or storage and payment of an additional charge.
(a) In the event of our losing or damaging your goods, if we are liable, we will pay you up to a maximum sum of £50.00 sterling for each item which is lost or damaged, to cover the cost of replacing that item.
Or
(b) We may choose to repair or replace the damaged item. If an item is repaired we are not liable for depreciation in value.
(c) Always subject to receiving you itemised valued inventory and request in writing to increase or liability, prior to the removal and/or storage commencing, we may offer to extend our maximum liability to the value declared by you to us. This is not insurance on the goods and you are strongly advised to accept the insurance offered in our quote or if arranging insurance yourself, you are advised to show this contract to your insurance company.

For the purposes of clauses 8(a), 8(b) and 8(c), an item is defined as any one article, suite, pair, set or complete case, carton, package or other container.
(d) Other than by reason of our negligence, we will not be liable for any loss, damage or failure to produce the goods if it is caused by those circumstances set out in the following:
(i) By fire howsoever caused.
(ii) By war invasion, acts of foreign enemies, hostilities (whether was 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.
(iii) By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods left within furniture or appliances.
(iv) By moth or vermin or similar infestation.
(v) By cleaning, repairing or restoring unless we did the work.
(vi) To any goods in wardrobes, drawers or appliances, or in a package, bundle, case or other container not packed and unpacked by us.
(vii) For electrical or mechanical derangement to any appliance, instrument or equipment unless there is evidence of external impact.
(viii) To jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or goods or collections of a similar kind, howsoever caused, unless you have previously given us full particulars with value, and we have confirmed in writing that we accept responsibility as in conditions 8(a) or 8(c) above.
(ix) To any goods which have a relevant proven defect or are inherently defective.
(x) To animals and their cages or tanks including pets, birds or fish.
(xi) To plants.
(xii) To refrigerated or frozen food or drink.
(e) Other than by reason of our negligence, we will not be liable for damages or costs resulting indirectly form, or as a consequence of loss, damage or failure to produce goods.
(f) No employee of the contractor named on the front of this contract shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this contract.

9. Time limits for claims
(a) For goods which we deliver, you must not any visible loss, damage or failure to produce any goods at the time of delivery.
(b) If you or your agent collects from our warehouse, you must note any loss of or damage at the time the goods are handled to you.
(c) Notwithstanding clause 8, we will not be liable for any loss or damage the goods unless a claim is notified to us or our foreign correspondent in writing as soon as such loss or damage is discovered (or with reasonable diligence ought to have been discovered) and in any event with seven (7) days of collection of the goods from us or delivery of the goods by us, as the case may be.
(d) The time limits referred to in clauses 10(a), 10(b) and 10(c) above shall be essential to contract.
(e) Upon your written request we may at our discretion agree to extend your time for compliance with 10(c), PROVIDED your request is received within the time limits provided for and subject to this proviso we will not unreasonably refuse such a request.

10. Delays in transit
(a) Other than by reason of negligence, we will not be liable for delays in transit.
(b) If through no fault of ours we are unable to deliver your goods, we will take them into store. The contact will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense.

11. Damage to premises or property other than goods
(a) We will not be liable for any damage to premises or property other than goods submitted for removal and/or storage unless we have been negligent.
(b) If we cause damage as a result of moving goods under your express instruction, against our advice, and where to move the goods in the manner instructed will inevitably cause damage, we shall not accept we were negligent.
(c) If we are responsible for causing damage to your premises or to property other than goods submitted for removal and/or storage, you must note this on the worksheet or delivery receipt. This is essential to the contract.

12. Our right to hold the goods (lien)
We shall 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 other contract. These include any charges that we have paid out on your behalf. While we hold you goods and these terms and conditions shall continue to apply.

13. Our right to sub-contract the work
(a) We reserve to right to sub-contract some or all the work.
(b) If we sub-contract these conditions will still apply.

14. Route and method
(a) We have the full right to choose the route for delivery
(b) Unless it has been specifically agreed in writing on our Quotation, other space/volume/capacity on our vehicles and/or the container may be utilised for consignments of their customers.

15. Advice and information
Advice and information in whatever form it may be given is provided by the company for the customer only. And oral advice given without special arrangement is provided gratuitously and without liability.

16. Applicable law
This contract is subject to the law of the country in which the office of the company issuing this contract is situated.

EXTRA CONDITIONS THAT APPLY TO THE STORAGE OF GOODS

17. Your forwarding address
(a) If you send goods to be stored you must provide an address for letters and notify us if it changes. All correspondence and notices will be considered to have been received by you seven days after posting it to your last address recorded by us.
(b) If you do not provide an address or respond to our correspondence or notices, we may publish such notices in public newspaper in the area to or from which the goods were removed.

18. Revision of storage charges
We review our storage charges periodically. You will be given 28 days notice writing of any increases.

19. Our right to sell or dispose of the goods
On giving you 28 days notice we are entitled to require to you to remove the goods from our custody and pay all money due to us. If you fail to pay all outstanding debts due to us we are entitled to sell or dispose of some or all 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.

20. Termination
If 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 must give us at least 14 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.

21. Hand out charges
If you make your own arrangements to collect the goods from our warehouse we are entitled to make a charge for handling them over. Our liability will cease upon handling over the goods.

22. Money owed – Removals & Storage
Any cost incurred collecting money owed will be added to your account.

   
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