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CALL A VAN callavan.co.uk
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Terms & Conditions. Page 2 of 3:
DECLARATION OF VALUE
23. The value of the goods, for the purposes of this contract, shall be their current replacement cost, including due allowance in respect of age, wear and tear and depreciation. All liability and compensation for loss and/or damage shall be calculated on this basis and not on a “new for old” basis.
24. Under the terms and conditions of this contract we have
assumed that the value of the goods submitted for removal or storage does not exceed £10,000. Accordingly unless a higher limit is declared our liability to you under this contract for loss and/or damage to the goods shall be limited to a total of £10,000.
25. However, we do not know the value of the goods to be submitted for removal and/or storage. We are giving you the chance to discuss and agree different amounts from that set out at clause 24. If the goods are worth more than a total of £10,000 we ask that you tell us and declare the actual value to us as soon as possible.
26. Subject to an increase in the quotation and/or price being agreed, if applicable, and to our written consent to the increased value applying we will uplift our total potential liability for loss and/or damage to the goods under this contract from £10,000 to the value you have declared.
27. Whilst we have many responsibilities under this contract there are some matters that you must be responsible for. These are:
(a) Declaring to us, in accordance with clause 25, the value of your goods if you wish for our total potential liability for loss and/or damage to the goods to be more than £10,000;
(b) Being present, either yourself or through a representative, throughout collection and delivery of the goods;
(c) Checking that all the goods are both collected and delivered;
(d) Checking that nothing is collected and/or delivered in error;
(e) Obtaining all necessary permits, licences, customs documents etc that are necessary for the removal to take place;
(f) Preparing the property and goods for the removal, including but not limited to disconnecting all relevant appliances and electronic equipment and emptying and de-
(g) Arranging proper security and protection for any goods that will be left in premises which will be unattended or to which third parties may have access either prior to collection or following delivery.
28. You must, before the commencement of the removal, provide us with a contact address and contact details which we can use if we need to contact you during the removal and/or storage of the goods. If these details change you must inform us. If we contact you in writing using the details you have provided we will be entitled to assume that you have duly received any communication from us.
29. If you wish for your goods to be insured whilst being removed or stored you must arrange this. We cannot arrange such insurance due to F.S.A. regulation. However, we do maintain insurance of our own to cover our potential liability to you for loss and/or damage to your goods or for losses arising from delay up to the level of liability under this contract.
30. You shall be responsible for any losses, expenses or other costs incurred by us arising from your failure to attend to any of the matters set out at clauses 26-
JOB POSTPONEMENT, CANCELLATION, OR REVISAL OF AN ESTIMATE
31. By agreeing to undertake a removal, storage, or disposal we incur costs in preparing for it and also lose the opportunity to undertake further work that would use the same resources. Because of this we can suffer loss if you cancel a booking/contract or postpone its start, or completion.
32. We withhold the right to postpone, revise the estimate or cancel a job if when we arrive on site the job differs in any way from the description we were given to obtain the initial estimate.
33. Cancellation: There will be a charge made of £65.00 upon us receiving cancellation of a booking as specified by the cancellation day and time shown in 33a.
33a. Cancellation days, cancellations must be received by not later than 5:00 pm on the day of the cancellation.
Cancel on a Monday for job booked on Friday.
Cancel on a Tuesday for job booked on Saturday, or a Monday.
Cancel on a Monday for job booked on Tuesday where a Bank or Public holidays intervene.
Cancel on a Thursday for job booked on Tuesday at all other times.
Cancel on a Friday for job booked on Wednesday.
34. Cancellation: There will be no refunds made for jobs cancelled within the time frame as shown in 33a above and they will incur the full cost of the job. NO REFUND.
34a. Where applicable jobs that commence on a Sunday are not subject to a cancellation day and time as above and will not receive a refund against cancellation whenever it might be received by us.
PAYMENT OF OUR CHARGES
35. Clauses 36-
36. You will pay for all removal services before they commence unless previously agreed otherwise. Whilst we always endeavour to park legally if we cannot then it is a condition of our contract that you make an immediate payment to the driver of £75 (£105 if our vehicle is required to stop on a Red Route ). If a ticket is not received this payment will be immediately refunded to you when the job is completed. If a ticket is received the deposit will be forfeit. This payment is wholly for the paying of parking charges NOT as whole or part payment of the moving charges. If the offence is on a red route then the payment will be retained because we receive a ticket through the post. Payment of any other parking charges (pay and display, meters etc) will also be your responsibility.
38. You will pay all storage charges one month in advance.
39. Interest shall accrue and you shall pay it on all overdue or outstanding monies at a rate of 4% above the base rate of our bankers.
UNDERTAKING THE REMOVAL
40. We will undertake the removal and storage with professional care and skill and taking reasonable account of all the circumstances. However, we specifically reserve the right to undertake the removal or storage in a manner that we think is appropriate including:
(b) choosing the route we think is most effective; and
(c) using such vehicles, containers and methods of transport and/or storage as we believe are appropriate.
41. This does not however affect our responsibilities under this contract to take care of your goods and to provide the services within the appropriate timescale's.
OUR LIABILITY FOR LOSS OR DAMAGE
42. We shall, subject to the exclusions set out below, be responsible for any damage done to the goods whilst they are in our custody and control under the terms and conditions of this contract.
43. We shall, subject to the exclusions set out below, be responsible for the loss of any goods whilst they are in our custody and control under the terms and conditions of this contract.
44. If goods are lost or are damaged beyond repair then our liability will be, at most, the value of the goods lost or damaged beyond repair, as defined by clause 23, above.
45. If goods are damaged but can be repaired then our liability will be, at most, the repair cost plus the amount that the goods have reduced in value, if at all, because of the repair.
46. In respect of any particular item our liability will not, under any circumstances, exceed the value of the item in question, as defined by clause 23 above.
WHAT WE WILL NOT BE LIABLE FOR IMPORTANT NOTE. THESE TERMS EXCLUDE AND LIMIT OUR RESPONSIBILITIES AND LIABILITY TO YOU
47. We shall not be responsible for the first £250 of any claim for loss or damage to the goods or for delay.
48. Where any item forms part of a pair or set we shall not be liable for more than the value of that particular item, without reference to any special value which such item may have as part of a pair or set.
49. We shall not under any circumstances be responsible or liable for any consequential or indirect losses, including but not limited to loss of profits or lost opportunity.
50. Other than where losses occur because of negligence on our part we will not be liable for losses arising from:
(a) War, invasion, acts of foreign enemies, hostilities (whether declared or not), civil war,
terrorism, rebellion and/or coup, Act of God, industrial action or other events outside our
(b) Normal wear and tear, ageing, natural or gradual deterioration, leakage or evaporation;
(c) Incidence of moths, vermin or similar infestation;
(d) Cleaning, repairing or restoring, unless we agreed to do the work;
(e) Electrical or mechanical derangement to any appliance or equipment unless there is
evidence of external impact damage;
(g) Any inherent defect in the goods;
(h) Changes of atmospheric or climatic conditions;
(i) Damage to motor bikes or other motor vehicles unless we have issued a pre-
(j) Damage to any motor bike or other motor vehicle moving under its own power other than during the normal course of loading and unloading.
51. Other than where losses occur because of negligence on our part we will not be liable for:
(a) Loss or damage to the goods that occurs before we have taken possession, custody and control of the goods; (b) Loss or damage to the goods that occurs after we have delivered or handed over the goods to you or to a party nominated by you; (c) Loss of goods that have not been both packed and unpacked by us. This includes goods packed in wardrobes, drawers, cases, boxes or other type of container; (d) Damage to goods that arises from the normal handling of those goods where those goods have not been both packed and unpacked by us. This includes goods packed in wardrobes, drawers, cases, boxes or other type of container regardless of the apparent quality of the packing. (e) We shall not be responsible for damage to any furniture that has been dismantled and not correctly wrapped in protective material. This includes all forms of flat packs. It is the customers responsibility to make sure all furniture and appliances are correctly protected to safe guard against scratches or dents or damage while in transit.52. We shall not be responsible or liable if you submit for removal or storage any of the goods listed at clause 6, without our agreement, in accordance with clause 7. Such goods shall be removed or stored entirely at your risk. 53. If we do agree, in accordance with clause 7, to remove or store any of the goods set out at clause 6 then our liability for loss and damage to them shall be limited as set out in clause 8. 54. No employee of ours shall be separately liable to you for any loss, damage or delay or other breach of this contract.
DELAYS IN TRANSIT
55. We make every effort to be with you at the time you have requested. However the time given is an estimated time of arrival and we do not guarantee to arrive at that time. Every effort will be made to keep you informed should any delay occur. There is no automatic discount for late arrival.
56. We shall not be held liable for any delay to the start time of your job.
57. Other than as set out in clauses 55 and 56 we shall not be responsible and shall not have to indemnify or compensate you in respect of any costs or losses arising from delay.
58. If we are unable to deliver the goods we may take them into store. Other than where the delay results from our negligence the original removal and/or storage contract will then be fulfilled and any additional service(s), including storage and delivery, will be provided in accordance with these terms and conditions and at your expense.