Terms of the contract between Chess Move Deliveries Ltd the Removal Contractor(“the Contractor”) and you (“the Customer”) explaining rights, obligations andresponsibilities of both parties.
“We” or “Us” is a reference to the Contractor. “You” is a reference to the Customer.“Goods” means the goods being removed and/or packed/unpacked and “Services”means the relevant services we are providing to you pursuant to these Terms andConditions, such as domestic removal services, office removals, packing services orstorage services as the case may be. These Terms and Conditions can be varied oramended subject to prior written agreement. In clauses 5, 7, 8, 9 and 10 We limit orexclude Our liability for loss and damage. We recommend You arrange insurance tocover Your Goods and premises.
2.1.1 Our quotation / estimate, unless otherwise stated, does not includeinsurance, waiting waivers, customs duties, port charges including (but not limited to)demurrage, inspections, or any fees, or taxes payable to government bodies oragencies.
2.1.2 Our quotation / estimate is valid for 28 days from the date of issue and issubject to availability of time and resources.
2.1.3 All quotations are provided as an estimate unless specified in advance inwriting as a fixed price service. We will use Our reasonable endeavours to completethe Services in the estimated time, but any additional chargeable hours will beincluded in the final invoice.
2.1.4 There is a 2 hour minimum charge Monday to Saturday and a 3 hourminimum charge on Bank Holidays and Sundays on all Our Services. After theminimum period, Our rates are charged in time blocks of 30 minute periods each.
2.1.5 You must advise Us as soon as possible if You wish Us to include anyadditional Goods as part of the Services we are providing. Once advised, We willadvise You of any estimated price increase to the quotation / estimate. Theadditional Goods will not be included in the work until We have agreed the priceincrease with You.
2.1.6 These Terms and Conditions are subject to any written terms to thecontrary stated in the quotation / estimate and for the avoidance of doubt in the eventof any conflict, the terms of Our quotation / estimate shall take precedence overthese Terms and Conditions.
2.2 Unless already included in Our quotation / estimate, reasonable additionalcharges will apply in the following circumstances:
2.2.1 Our costs change because of currency fluctuations, changes in taxation,freight, fuel, ferry or toll charges beyond our control.
2.2.2 We have to collect or deliver Goods at Your request above the ground floorand first upper floor.
2.2.3 We supply any additional Services, including moving or storing extra Goods(these conditions apply to such work).
2.2.4 The entrance or exit to the premises, stairs, lifts or doorways are inadequatefor free movement of the Goods without mechanical equipment or structuralalteration, or the approach, road or drive is unsuitable for our vehicles and/orcontainers to load and/or unload within 20 metres of the doorway.
2.2.5 We have to pay parking or other fees or charges (including fines where youhave not arranged agreed suspension of parking restrictions) in order to carry out theServices on Your behalf. For the purpose of these Terms and Conditions, parkingfines for illegal parking, caused by Our negligence, are not fees or charges and Youare not responsible for paying them.
2.2.6 There are delays or events outside Our reasonable control which increase orextend the resources or time allowed to complete the Services.
2.2.7 We agree in writing to increase Our limit of liability set out in clause 7.1 prior tothe work commencing.
2.2.8 The work is carried out on a Saturday, Sunday, or Public Holiday or outsidenormal hours (08.00 – 18.00 hours) at Your request (or by reason of necessity inview of any agreed timescales or schedules agreed).
2.3 You agree to pay any reasonable charges arising from the above circumstances.
3. Work not included in our quotations/estimates
3.1 Unless previously agreed in writing we will not:
3.1.1 Dismantle or assemble unit-furniture (flat-pack), fittings or fitments (save asprovided for in clause 3.2.1)
3.1.2 Disconnect or reconnect appliances, fixtures, fittings or equipment (save asprovided for in clause 3.2.2).
3.1.3 Take up or lay fitted floor coverings.3.1.4 Take down or re-hang curtains, blinds or other window coverings.
3.1.5 Move items from a loft, unless properly lit and properly floored and safe accessis provided.
3.1.6 Move any items excluded in clause 5.
3.1.7 Dismantle or assemble garden furniture and equipment including, but notlimited to: sheds, greenhouses, garden shelters, outdoor play equipment, andsatellite dishes, or move paving slabs, planters and the like.
3.1.8 Undertake any work Our removal staff is not authorised or qualified to carryout, which may cause damage or injury, or move any item or items which Ourremoval staff reasonably believe they cannot move safely or the removal of whichmay damage the item or items in question or its or their surroundings. Werecommend that a properly qualified and appropriately insured third party person isseparately contracted by You to carry out any such tasks. For the avoidance of anydoubt, where any of Our staff elects to carry out any such tasks at Your request, theydo so without Our consent and without Our authority and thereby in doing so areacting outside the terms of their employment and are doing so at their own risk andWe will not be insured for any such tasks. Accordingly, in these circumstances, Wecannot be held liable to You for any property damage or injury or other lossessustained as a consequence.
3.1.9 Open or reseal paints, oils, lubricants or other materials deemed by Us to beunsafe for transport or storage or otherwise hazardous in any way.
3.1.10 Move storage heaters (unless dismantled) or loaded freezers or refrigerators.
3.2 In certain circumstances, We may agree to carry out the following steps on theunderstanding and strict condition that We shall not be held liable for any damagesor losses caused as a result:-
3.2.1 We may dis-assemble and re-assemble IKEA (and similar brands) flat packfurniture. We will not however dis-assemble and re-assemble custom, specialist,delicate, rare or expensive pieces of furniture, We strongly recommend that youcontact the manufacturer, relevant retailer or other suitable furniture expert forguidance in relation to dis-assembly and re-assembly of such items before takingany such steps Yourselves or arrange for appropriate specialist independentcontractors to carry out such tasks ; and
3.2.2 We may disconnect and reconnect dishwashers, washing machines, dryersand other electrical appliances, except fittings and fixtures. We take no responsibilityif any such appliances do not function correctly on reconnection.
4. Your responsibility
4.1 Declare to us, in writing, the value of the Goods being removed / stored in a formof a signed valued inventory list before the removals take place (provide in pdf formvia email or printed copy). The value to be used is the current value (not a new forold value).
4.2 If you do not provide Us with a Valued Inventory of the Goods to be removed /stored it is Your responsibility to arrange adequate insurance cover for the Goodssubmitted against all insurable risks as Our liability is restricted to a maximum£50.00 per item as per clause 7.1 (Limited Liability). If You have not arrangedadequate insurance cover in those circumstances (including cover against accidentalloss or damage and loss or damage caused by fire, lightning or explosion etc) thenYou should not submit those Goods to Us as part of the Services. In the event thatYou do submit such Goods, then You acknowledge that the restrictions on Ourliability limits as set out in clause 7.1 shall apply (together with the additional relevantlimitations of liability as set out elsewhere in these Terms and Conditions) and Youagree that they are reasonable and enforceable.
4.3 Obtain at Your expense all documents necessary for the Services to becompleted.
4.4 Ensure authorised signature on agreed inventories, receipts, waybills or otherrelevant documents on collection or delivery of Goods.
4.5 Be present or represented throughout the course of the Services, including thecollection and delivery of the removal and arrange proper protection for Goods left inunoccupied or unattended premises, or where other people such as (but not limitedto) tenants or workmen are, or will be present.
4.6 Prepare adequately and stabilize all appliances or electronic equipment prior totheir removal. We will not be liable for any loss or damage, costs or additionalcharges that may arise from failure to discharge these responsibilities.
4.7 Empty, properly defrost and clean refrigerators and deep freezers. We are notresponsible for the contents.
4.8 Ensure that all domestic and garden appliances, including but not limited towashing machines, dish washers, hose pipes, petrol lawn mowers are clean and dryand have no residual fluid left in them.
4.9 Provide Us with a correct and up to date contact address and telephone numberduring removal, transit and/or storage of Goods.
4.10 Arrange appropriate transport, storage or disposal of Goods listed in clause 5.
4.11 Take all reasonable steps to ensure that nothing that should be removed is leftbehind and nothing is taken away in error.
4.12 We will not be liable for any loss or damage, costs or additional charges thatmay arise from failure to discharge these responsibilities.
5. Excluded Property – Goods not to be submitted for removals
Unless previously agreed in writing by a director or other authorised companyrepresentative, the following items must not be submitted for removal and will underno circumstances be moved by Us. The items listed under 5.1 below may presentrisks to health and safety and of fire. Items listed under 5.2 to 5.8 below carry otherrisks and You should make Your own arrangements for their transport.
5.1 Potentially dangerous, damaging or explosive items, including gas bottles,aerosols, paints, firearms and ammunition.
5.2 Jewellery, furs, wines, spirits, watches, tobacco, cigars, cigarettes, trinkets,precious stones or metals, cash and the like, bullion, deeds, securities, mobiletelephones, portable media and computing devices, stamps, coins, or goods orcollections of any similar kind, prepaid phone cards and similar, bonds, fine art.
5.3 Goods likely to encourage vermin or other pests or to cause infestation orcontamination.
5.4 Perishable items and/or those requiring a controlled environment.
5.5 Any animals, birds, fish, reptiles or plants.
5.6 Goods which require special licence or government permission for export orimport.
5.7 Under no circumstances will Prohibited or stolen goods, drugs or pornographicmaterial be moved by Us.
5.8 Any other goods or items specifically excluded from cover from time to time byour Goods in Transit insurance policy.
5.9 Inspection of goods and disposal of certain goods
5.9.1 We reserve the right to open or inspect Goods to ensure compliance withclause 5 above or in the interests of health, safety or security.
5.9.2 If upon opening or inspecting the Goods We on reasonable grounds believethat the Customer is in breach of clause 5.1 to 5.8 above or that the Goods pose athreat to health, safety or security We shall be entitled (without prejudice to any otherrights it may have) to dispose of the Goods forthwith without compensation to You.
5.9.3 If You submit such Goods without Our knowledge We will make them availablefor Your collection and if You do not collect them within a reasonable time We maydispose of any such Goods found in the consignment. You agree to pay Us anycharges, expenses, damages, legal costs or penalties reasonably incurred by Us indisposing of the Goods (including in relation to any court applications which may berequired).
6. Ownership of the goods
By entering into these Terms and Conditions, You guarantee that:
6.1 The Goods to be removed are Your own property free of any legal charge; or
6.2 You have the full authority of the owner or anyone having a legal interest in themto enter into these Terms and Conditions and You have made the owner fully awareof these them prior to entering into this Agreement and that they have agreed tothem.
6.3 If at any time following the implementation of these Terms and Conditionsthrough to its termination another person has or obtains an interest in the Goods Youwill advise Us of their name and address in writing immediately.
6.4 You will provide a full indemnity and pay Us in respect of any claim for damagesand/or costs brought against Us if either statement made in 6.1 or 6.2 is untrue.
6.5 These Terms and Conditions are personal to You and you must not sub-contract,assign, charge or otherwise encumber or transfer the benefit or burden of theseTerms and Conditions to any third party without our prior written consent.
7. Our liability for loss or damage
7.1 If We do not know the value of Your goods We therefore limit Our liability to afixed limit per item. Unless otherwise agreed in writing if we are negligent or inbreach of contract We will pay You up to £50 for each item which is lost or damagedas a direct result of any negligence or breach of contract on Our part. If You wish Usto increase Our limit of liability per item, You agree to pay a higher price for the workas stated in Condition 2.2.7.
7.2 It is Your responsibility to insure Your Goods.
7.3 We may choose to repair or replace the damaged or lost item. However, if Wechoose to repair the item, we will not be liable for any depreciation in its value.
7.4. Standard Liability
We have a “Goods in Transit” policy which can be endorsed to cover a customer’sGoods subject to the terms, limitations and exclusions of the policy. If you wish tobenefit from any available cover in this regard, it is a strict condition of such coverand of these Terms and Conditions that you declare to us in advance, in writing, thevalue of the Goods being removed (or otherwise forming part of our Services as thecase may be) in a form of a signed valued inventory list before the Services takeplace (provided in pdf form via email or printed copy). The value to be used is thecurrent value (not a new for old value). As Our customer, You will have noenforceable rights under our policy, any such claims can only be made by Us.
7.5. Any liability under clauses 7.1 (Limited Liability) or clause 7.4 (Standard Liability)above is expressly subject to all or any other applicable exclusions set out elsewherein these Terms and Conditions (including clauses 7.2 to 7.3, clause 8, clause 9 andclause 10).
8. Damage to premises or property other than Goods
8.1 Because the customer themselves, third party contractors or others arefrequently present at the time of collection or delivery it is not always possible toestablish who was responsible for loss or damage. Therefore, Our liability is limitedas follows:
8.1.1 If We cause loss or damage to premises or property other than Goods forremoval as a result of Our negligence or breach of contract, Our liability shall belimited to making good the damaged area only to a maximum limit of £75 perdamaged area unless additional quoted evidence is supplied to Us in writing (for therepair costs of the damaged area only) and We agree in our absolute discretion inwriting to contribute towards the cost of any such repair works prior to the samebeing undertaken.
8.1.2 If We cause damage as a result of moving Goods under Your expressinstruction, against our advice, and where moving the Goods in the mannerinstructed is likely to cause damage, We shall not be liable.
8.1.3 As a strict condition of these Terms and Conditions, if We are responsible forcausing damage to Your premises or to property other than Goods submitted forremoval, You must note this on the worksheet or delivery receipt as soon aspracticable after the damage occurs (and in no circumstances later than the end ofthe day in which the work was carried out). In the event You do not so notify Us inaccordance with this clause, We shall not be held liable for any such damage.
9. Additional exclusions of liability
9.1 We shall not be liable for loss or damage caused by fire or explosion, unless wehave been negligent. It is Your responsibility to insure Your goods against suchperils.
9.2 We shall not be liable for delays or failures to provide the Services under thisAgreement as a result of war, invasion, acts of foreign enemies, hostilities (whetherwar is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God,adverse weather, third party industrial action, re-scheduled sailing, departure orarrival times, port congestion, pandemic or other such events outside of Ourreasonable control.
9.3 Other than as a result of Our negligence or breach of contract We will not beliable for any loss, damage or failure to produce the goods as a result of:
9.3.1 Normal wear and tear, natural or gradual deterioration, leakage or evaporationor from perishable or unstable goods. This includes goods left within furniture orappliances.
9.3.2 Moth or vermin or similar infestation.
9.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carriedout.
9.3.4 Changes caused by atmospheric conditions such as dampness, mould,mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linkedto ingress of water. OR
9.3.5 For any goods in wardrobes, drawers or appliances, or in a package, bundle,carton, case or other container not both packed and unpacked by Us.
9.3.6 For electrical or mechanical derangement to any appliance, instrument, clock,computer or other equipment unless there is evidence of related external damage.
9.3.7 For any goods which have a pre-existing defect or are inherently defective.
9.3.8 For perishable items (including food and drink whether frozen, chilled orotherwise) and/or those requiring a controlled environment.
9.3.9 Loss of structural integrity of furniture constructed of particle board resultingfrom crumbling of the board.
9.3.10 Breakage of owner packed property unless the box or container shows signsof external damage (and We have acted negligently in relation to such damage).
9.3.11 Jewellery, watches, trinkets, precious stones or metals, money, deeds,securities, stamps, coins, or goods or collections of a similar kind, unless You havepreviously given Us full information including value, and we have confirmed inadvance in writing the level of cover in relation those specific items and / or how Wesuggest they should be dealt with (as the case may be) Any such cover will bestrictly subject to our terms of insurance and any relevant exclusions or limitations inour policy.
9.3.12 Loss of or damage to china, glassware and fragile items, unless they havebeen both professionally packed and unpacked by Us or our subcontractor. In theevent of an accident involving an owner packed container where damage hasoccurred irrespective of the quality of the packing, our liability is limited to £50 or itsactual value, whichever is less.
9.3.13 Bonds, manuscripts and documents or electronically held data records,mobile telephones, laptops, desktop computers, tablets, computer networktechnology and such like.
9.3.14 Plants; and
9.3.15 As to any broken glass coverings on pictures, our liability shall be capped at£25 per picture.
9.3.16 For items referred to in clause 5.
9.4 No employee of Ours shall be separately liable to you for any loss, damage, misdelivery, errors or omissions under the terms of these Terms and Conditions.
9.5 Our liability will cease upon handing over the Goods to You or Your authorisedrepresentative.
9.6 We will not be liable for any loss or damage caused by Us or Our employees oragents or sub-contractors in circumstances where:
(a) there is no breach of this Agreement by Us or by any of Our employees or agentsor sub-contractors, or any negligence on Our part or their part; and / or
(b) such loss or damage is not a reasonably foreseeable result of any such breach.
10. Time limits for claims
10.1 If You or Your authorised representative collect the Goods, We must be notifiedin writing of any loss or damage at the time the Goods are handed to You or Yourrepresentative or as soon as practicable thereafter, and in no circumstances laterthan 7 days after collection of the Goods.
10.2 For goods which We deliver, You must give Us detailed notice in writing of anyloss and damage as soon as reasonable practicable following delivery and in anyevent within 7 days of delivery by Us. In exceptional circumstances, we may agreeto extend this time limit upon receipt of Your written request provided such request isreceived within 7 days of delivery.
10.3 In the event You do not so notify Us in accordance with this clause 10, We shallnot be held liable for any such claims and our liability is excluded in that regard to thefullest extent permitted by law.
10.4 For the avoidance of any doubt, it is Your responsibility to check your Goods forany loss or damage which may have occurred during transit.
11. Our rights to withhold or dispose of goods
We have a legal right to withhold or ultimately dispose of some or all of the Goodsuntil You have paid all our charges and other payments due under these Terms andConditions. These include any charges that We have paid out on your behalf. WhileWe hold the Goods and wait for payment You will be liable to pay all storage chargesand other costs incurred as a result of Our withholding your Goods and these Termsand Conditions will continue to apply.
12.1 If there is a dispute arising from these Terms and Conditions which cannot beresolved either You or We may refer the matter to the Ombudsman subject always tothe rules of the Scheme from time to time.
12.2 In the event of any dispute being raised, this does not alter the timescales forpayment of our Invoices, which shall remain payable in full. You shall not have anyrights of set-off in the event of a dispute.
13.1 We reserve the right to sub-contract some or all of the Services for which wehave provided a quotation without reference to You.
13.2 If we sub-contract these Terms and Conditions will still apply in full.
14. Route and method
14.1 We have the right to choose the method and route by which to carry out theServices.
14.2 Unless it has been specifically agreed otherwise in writing in Ourquotation/estimate, other space/volume/capacity on Our vehicles may be utilised forconsignments.
Where You produce a valued list of goods (valued inventory) and send it to Us, it willbe accepted as accurate unless you write to Us 48 hours’ prior to the agreedremoval date.
16. Whole agreement
These Terms and Conditions together with our quotation/estimate are intended toform the whole agreement between us and to prevail over any verbal discussions orany prior agreements. Should we mutually agree to any variation of these terms suchvariation should be confirmed in writing. Any variation however agreed shall notinvalidate the remainder of these Terms and Conditions.
17. Applicable Law
This contract is subject to the laws of England and Wales and any disputes arisingpursuant to it (or any document referred to within it) or in respect of its formationshall be subject to the exclusive jurisdiction of the courts of England and Wales.
18. Payment Terms
18.1 Unless otherwise agreed by Us in advance in writing (either via the quotation /estimate or otherwise):
18.1.1 Payment is required in full by cleared funds in advance of the removalservices or storage period (as applicable). You may not withhold payment of any partof the agreed price.
18.1.2 In the event that additional services are required outside the remit of theoriginal quotation / estimate, the services take longer than estimated, or any otherfactor of the type listed in clauses 2 or 3 arises leading to an increase in charges,then in the event that such matters are known before the services are carried outthen payment in full for all such matters is required at the same time as payment ofthe agreed price in clause 18.1.1 above. Whereby such matters are not known priorto the services being commenced then such additional amounts are payable onimmediate conclusion of the services.
18.2 In respect of all sums which are overdue to Us, We will charge interest on adaily basis at 4% per annum above the prevailing base rate for the time being of theBank of England.
18.3 Payment can be made in cash, by credit/debit card or via bank transfer. Cardpayments are subject to a 3% administration charge. In some cases, We mayrequire you to pay a deposit payment in advance at or following the time ofbooking. Where such a deposit in advance is paid, it will be deducted from the finalinvoice.
18.4 Any payment queries must be directed to Our head office on or before the daythe services our carried out. Our removal staff do not have the authorisation toamend quotations or discuss sums due.
18.5 VAT is due on all our Services at the prevailing rate. Any sums stated in theseTerms and Conditions or in the quotation / estimate shall be deemed to be statedexclusive of VAT unless expressly stated in writing as being inclusive.
18.6 For the avoidance of any doubt, we reserve the right to state alternativepayment terms in our quotation / estimate, and where we do so, those alternativeterms shall apply. For example, in certain circumstances we may require payment infull 7 days before the Services are carried out, or in other circumstances we mayraise a draft Invoice in advance of a purchase order being received and final invoicebeing raised. Where any such circumstances apply, this will be stated in ourquotation / estimate.
19. Cancellations and Postponements
If you cancel or postpone the agreed Services, we reserve the right to charge a feebased on the potential loss to Us. We incur costs in preparing for your Services andwe also lose the opportunity to book Services for other clients using the sameresources. “Working days” are normal working days Monday to Friday and excludesweekends and Public Holidays. The fees are set out below at 19.1 – 19.6.
19.1 You have the right to cancel / postpone until 10 working days’ prior to theagreed date without paying any fee.
19.2 If You cancel / postpone the Services between 5 and 10 working days prior tothe agreed date, We have the right to charge up to 30% of the agreed estimate /fixed price.
19.3 If You cancel / postpone the Services less than 5 working days before theagreed date, We have the right to charge up to 60% of the agreed estimate / fixedprice.
19.4 If You cancel / postpone the Services within 24 hours of the agreed date, wehave the right to charge up to 75% of the agreed estimate / fixed price.
19.5 If You cancel / postpone the Services on the agreed date or at any time on thisdate, We have the right to charge 100% of the agreed estimate / fixed price.
19.6 The amounts and timescales stated in this clause 19 are strictly subject toanything contrary specified as regards cancellation in the quotation / estimate wherewe deem it appropriate.
20. International Freight Forwarding
20.1 Where our Services relate to packing Your Goods for onward internationalshipping by a third party freight company then We are only responsible for the Goodswhilst the Goods are in Our physical possession. When the Goods are handed overto the third party freight company, the Goods shall be their responsibility and shall behandled at their risk, and thereafter at the risk and responsibility of the end carrier/s(if different).
20.2 If You have any queries related to insurance cover or contractualresponsibilities with respect to onward transit then the same should be raised directlywith the relevant third parties concerned. You are advised to arrange Your owncomprehensive insurance to cover your Goods during such international transit if inany doubt.
20.3 We do not accept any liability for loss of or damage to goods confiscated,seized, removed or damaged by Customs Authorities or other GovernmentAgencies.
20.4 Under no circumstances do we accept any liability for loss of or damage togoods occurring in certain overseas countries, including Gambia, Iran, Iraq, Nigeria,Libya, Lebanon, Angola, Cambodia, Vietnam, N. Korea and Former States of theUSSR. This list is not exhaustive and we will advise you at the time of quotation if thecountry your goods are being shipped to is not on this list but is included in thisexclusion of liability.