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Terms & Conditions. Page 3 of 3:
DAMAGE TO ITEMS OR PROPERTY OTHER THAN THE GOODS BEING REMOVED OR STORED
59. We will not be liable for any damage whether to premises, property or the goods as a result of moving goods under your express instruction, and against our advice where moving the goods in the manner instructed will inevitably cause damage.
60. In any event we shall only be liable for damage to premises or property, other than the goods being submitted for removal or
storage, where such damage arises due to negligence on our part.
61. Where damage to premises or property, other than the goods being submitted for removal or storage, does occur we must ask that you inform us immediately and note the damage on the worksheet or delivery receipt. In the absence of such notification we will not be able to accept any liability for the damage.
NOTIFICATION OF CLAIMS & TIME LIMITS FOR CLAIMS
62. In cases where we deliver goods you must notify us of any visible loss, damage or failure to produce any goods at the time of delivery. This should be noted on the worksheet or delivery receipt.
63. If we do not deliver then you must notify us of any visible loss, damage or failure to produce any goods at the time when you, or your representative, take possession of the goods. This should be noted on the worksheet or delivery receipt.
64. IMPORTANT: TIME LIMIT FOR NOTIFICATION OF CLAIMS
All claims for loss of or damage to goods must be notified to us in writing whether the goods were unpacked or not, within 7 days of delivery of the goods. In a case of loss or non-
OUR RIGHT TO WITHHOLD OR DISPOSE OF THE GOODS (LIEN)
65. We may keep hold of all or some of your goods until you have paid all the charges you owe us, even if the unpaid charges do not relate to those goods.
66. Furthermore we may sell all or some of your goods to recover any unpaid charges. We can only do this after giving you 30 days written notice that we intend to do so. If we do sell any of your goods, and the proceeds from the sale are greater than the amount you owe us, we will pay you any excess amount after deducting the cost of selling the goods.
ADVICE, INFORMATION AND THE BASIS OF AGREEMENT
67. In this document we set out the terms and conditions of the contract between us. Please do not rely on promises or claims, written or verbally made, that contradict the terms and conditions of this document. In the event of any apparent contradiction between these terms and conditions and a promise or claim made please refer to us for clarification.
LAW AND JURISDICTION
68. This contract shall be subject to exclusive English law and jurisdiction.
EXTRA CONDITIONS THAT APPLY TO THE STORAGE OF GOODS
69. If you have failed to provide an address in accordance with clause 28 or if you fail to respond to our correspondence then we shall be entitled to publish notices in an area from which the goods were removed. The publication of such notice shall be accepted as valid communication with you.
70. It is important that we both know what you have in store. Where we prepare an inventory of the goods taken into store and this is forwarded to you this must be checked. You must inform us, as soon as possible, of any inaccuracies. It shall be assumed that if you do not bring any inaccuracies to our attention within 7 days that you are in agreement with the contents of the inventory. The 7 day period can be extended if you request a time extension, within the 7 day period, and the same is confirmed in writing by us. We will not unreasonably refuse to grant such an extension of time.
71. We reserve the right to review our storage charges periodically. We will inform you of any change in the applicable rates by giving you notice in writing not less than 2 months before the change in rates. The new rates will apply from the end of that 2 month period.
72. We reserve the right to terminate the storage contract by giving you not less than 3 months notice in writing. If the goods have not been collected by you, or on your behalf, or delivered to you or to your order, by the time the storage contract terminates then the goods will thereafter only be held entirely at your risk and we will have no liability in respect of the same.
73. If you wish to terminate the storage contract you may do so by giving us not less than 7 -
74. If you decide to collect the goods rather than having them delivered then we reserve the right to charge a reasonable hand out charge for handing them over. You are reminded that our responsibility for the goods ends in accordance with clause 51. We must stress the importance of goods being properly checked by you on delivery or handing over to you or your representative.
EXTRA CONDITIONS THAT APPLY TO OVERSEAS REMOVALS
75. The following terms apply only where the goods are destined for or are received from a place overseas:
(a) We will accept liability only for loss or damage to goods when it occurs whilst they are in our actual possession. For the avoidance of any doubt goods will be deemed to remain in our possession when the carrying vehicle is being carried on a ferry whether the vehicle’s crew are actually in the vehicle or not. In such circumstances our liability will be ascertained as if it were a domestic removal. If the loss or damage occurs whilst the goods are in possession of another party, such as a shipping line, we will not be liable and you will have to pursue any claim against that party;
(b)Where we engage an international transport operator, shipping company or airline, to convey your goods to or from a place, port or airport, we do so on your behalf and the contract with that carrier shall be subject to any terms and conditions set out by that carrier;
(c)The carrier referred to at clause 75(a) and (b) may restrict his liability by reference to contractual terms and conditions and international conventions. These may severely restrict the potential liability that the carrier has to you;
(d) Furthermore you may become liable for General Average contribution (that is the costs incurred to preserve the carrying vessel and cargo in certain circumstances), salvage costs and costs of forward transmission;
(e) You are therefore strongly recommended to arrange adequate marine/transit insurance cover over the goods. This is your sole responsibility and we will not in any way accept liability if you fail to arrange adequate or appropriate insurance cover over the goods;
(f) We will not accept liability for goods confiscated, seized or removed by Customs Authorities, or similar bodies and Government Agencies other than in circumstances where such confiscation, seizure or removal occurs due to our negligence.
RATES & MILEAGE SUPPLEMENTS
76. Supplemented rates are charged at an increased rate to cover the cost of job and daily working time overruns. Initially, it’s always best to make sure you book enough time for the job. If you need help, we’re here to help with this. Simply give us a call on 01296 821 801.
(a) Where a specified time has been booked and then exceeded there are additional costs to pay as follows. Extra time will be charged in 15 minute increments at Driver Only or Driver/Porter rate £14.00. Driver/Porter and one extra porter rate £22.00 respectively.
(b) Pay As You Go (PAYG) If time exceeds the first hour booked extra time will be charged in 15 minute increments at Driver/Porter rate £16.00. Driver/Porter and one extra porter rate £24.00 respectively.
(c) Where hourly or part hourly rates are shown ”subject to mileage.” The mileage charge will be added to the contracted rate for any mileage travelled to complete the job. The mileage rate is available on request.
(d) Where any specified mileage is exceeded. The extra mileage will be charged at the prevailing contracted rate which is available on request.
77. The provisions contained in this contract are considered fair and reasonable by the parties but if any provision shall be found to be unenforceable but would be valid if any part of it were deleted or modified, the provision shall apply with such modifications as may be necessary to make it valid and effective.
78. You do not pay VAT on our services. Therefore, our invoices must not be used for VAT input accounting purposes.