Moving Mountains Terms and Conditions
These terms and conditions (“Terms”) explain the rights, obligations and responsibilities of both the Remover (“We”, “Us” or “Our”) and the Customer (“You” or “Your”) in relation to removal services provided by the Remover.
Our liability for loss or damage is limited or excluded in Clauses 13, 14 & 15. We strongly recommend You arrange insurance to cover Your goods or premises, and We can provide it if required. Any insurance provided by Us will be separate to this contract and the terms conditions of the policy will be provided separately.
- The parties to the contract are (a) Moving Mountains Removals Ltd and (b) the person, entity or company identified who requests the removal and/or storage services; the Customer.
- “Contract” Means the contract of work for the supply and acquisition of the Work entered into by the Company and Customer
- “Equipment” Means anything used by us in the execution of the Work
- “Goods” Means all or part of those goods and/or other property which are subject to the Contract
- “Premises” Means the places(s) where the Work is carried out
- “Work” Means the work to be performed and/or other property which are the subject of the Contract, including handling, lifting, packing and unpacking, removal, storage and any other services rendered to you by us
3 Quotation and Price
- 4.1 Any quotation given by the Company constitutes an offer to carry out the Work by Us subject to these terms
- 4.2 Any quotation given by Us is valid for 28 days from the quotation date
- 4.3 If you issue a purchase order in response to our quotation or accept Our quotation otherwise, You are agreeing to these Terms and to the exclusion of all other terms, including any terms accompanying your purchase order or other acceptance document.
- 4.4 The quotation provided is for a fixed price, however the Remover is entitled to amend the price if circumstances beyond Our control (including without limitation events of Force Majeure and Customer’s acts or omissions), after acceptance, or during the performance of the Contract, change the Work against which the original price was applied (see Clause 6)
4 Work excluded from quotation
- Unless otherwise agreed in writing, We will not;
- 4.1 Dismantle or reassemble any item of furniture.
- 4.2 Move or handle any heavy or bulky item.
- 4.3 Decommission or re-commission any IT.
- 4.4 Pack or unpack any items.
- 4.5 Disconnect, re-connect, disassemble or re-assemble appliances; fixtures, fittings or equipment.
- 4.6 Rehang any items onto any surface.
5 Additional works
- In the Event that the Remover carries out additional works as a result of the following;
- 5.1 The Work specified in the contract including work or services which the Company was not
made aware prior to, and not included in, the Quotation for the Works.
- 5.2 The Customer requesting additional works or services either prior to commencement of the Works or during its completion.
- 5.3 Access and/or parking at either premises which has been unsatisfactorily arranged by the Customer.
- The Company shall be entitled to charge, in addition to the quoted price, such additional sum as is reasonable, having regarded to the additional works.
- 6.1 The Remover will use all reasonable endeavours to perform the Work within or at the agreed time. It will, however not be liable for any loss or damage caused as a result from its failure to perform the Work within the agreed time, unless through Our own negligence or breach of contract.
- 6.2 If the Remover is delayed in completing the Work as a result of circumstances beyond its control, you agree to grant an extension of time for the Work to be completed and pay any additional charges emanating from the provision of additional resources.
7 Customer warranties
- You undertake and warrant:
- 7.1 That you are the owner of the Goods which are relevant to the Work, (see Clause 8 for more detail).
- 7.2 That there is proper and suitable access at all appropriate times to Your premises to enable the Remover to carry out the Work.
- 7.3 That you obtain at Your expense all documents, permissions, licenses and permits necessary for the Work to be carried out.
- 7.4 That you will arrange, and pay for, all necessary parking facilities for the Remover’s vehicle/s.
- 7.5 That you will be solely responsible for the safeguarding of all the Remover’s packing cases and any other removal equipment during such time as the same are at the collecting and/or delivery address during the removal operation.
- 7.6 That you will be solely responsible for the safety and security of all of the goods up to the point of departure from the collection address and as from the point of arrival at the delivery address.
- 7.7 That You will be present or represented throughout the duration of the removal.
- 7.8 That You will ensure all documentation relating to the removal is signed, by You or Your representative, as confirmation of delivery or collection of the Goods.
- 7.9 That you take all reasonable steps to ensure that no item is left or taken in error.
- 7.10 That all storage units are emptied, unless agreed in writing prior to the removal.
- 7.11 That any appliance is disconnected and free from any residual fluid
8 Ownership of Goods
- By entering this Agreement, the Customer guarantees that:
- 8.1 You are in full title of the goods and they are free of any legal charge,
- 8.2 You have full and unreserved authority from the owner, or any other persons or entities having a legal interest in the Goods, to enter into the Agreement, and that any owner is made fully aware of the Terms of the Agreement, and that they have agreed to them.
- 8.3 Following the acceptance of this Agreement to its termination, if another person or entity obtains, or has, an interest in the Goods You will notify Us immediately, in writing, of their name, address and contact details.
- 8.4 In the event of any claim being made against the Remover by any third party in respect of any loss or damage, You will provide full indemnity to the Remover if the statement made in either 8.1 or 8.2 is untrue.
- 8.5 Should You wish to transfer Ownership to a third party during the Agreement, You will provide Us, in writing, their full name, address and contact details. We will then issue the third party a new Agreement and Our Agreement with You will remain in place until We have received a signed Agreement from the third party.
9 Goods not to be submitted for removal
- The following items must not be submitted for removal or storage unless otherwise agreed in writing by You;
- 9.1 Any goods, which may present risks to health and safety or fire risks.
- 9.2 Any potentially dangerous, explosive or toxic articles or substances.
- 9.3 Any goods which are likely to encourage vermin or other pests or to cause or transmit infectious disease.
- 9.4 Any prohibited or stolen goods.
- 9.5 Any perishable goods or goods which require a controlled environment.
- Unless previously otherwise agreed in writing, you must pay in advance for all removal services.
- The Customer may upon notice in writing to the Company, postpone the date upon which the Work was to be carried out in which event the Company shall be entitled to make the following charges;
- 11.1 If more than 10 working days before the date when the work was due to start, no charge apart from consumables specifically purchased to perform the Work.
- 11.2 If between 8-10 working days (inclusive) before the date referred to on the quotation – 15% of the (removal) charge stated on the quotation or otherwise agreed.
- 11.3 If less than 8 working days (inclusive) before the date referred to on the quotation – 20% of the (removal) charge stated on the quotation or otherwise agreed.
- 11.4 If you do not stipulate a new date for the removal within 28 days of postponement the Contract will be deemed to be cancelled.
- If You postpone or cancel this Agreement, We reserve the right to charge you a reasonable postponement or cancellation fee;
- 12.1 3 - 10 days before the removal was due to start – not more than 50% of the removal charges.
- 12.2 48hrs before the removal was due to start - not more than 75%.
- 12.3 Less than 24hrs – 100% of the removal charges.
13 Removers Liability
- 13.1 Our insurance covers up to £50000 per one load. If you wish Us to increase Our limit of liability You agree to pay a higher price for the Work.
- 13.2 Unless otherwise agreed in writing if we are negligent or in breach of contract We will pay You up to £40 for each item which is lost or damaged as a direct result of any negligence or breach of contract on Our part.
- 13.3 For the purposes of this Agreement an item is defined as;
- 13.3.1 The entire contents of a box, parcel, package, carton, crate, or similar container.
- 13.3.2 Any other object, which is being moved, handled or stored by Us.
14 Exclusions of Liability
- 14.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to insure Your Goods. If you ask Us in writing to arrange insurance cover for You We will, provided You declare the full replacement value of Your Goods and pay the premium in advance.
- 14.2 We shall not be liable for delays or failures to provide the services under this Agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war 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 or arrival times, port congestion, or other such events outside Our reasonable control.
- 14.3 Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of;
- 14.3.1 Normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances.
- 14.3.2 Moth or vermin or similar infestation.
- 14.3.3 Cleaning repairing or restoring unless We arranged for the work to be carried out.
- 14.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless linked to ingress of water.
- 14.3.5 For any Goods in a box, parcel, package, carton, crate, or similar container not both packed and unpacked by Us.
- 14.3.6 For electrical or mechanical derangement to any appliance, instrument, computer or other equipment unless there is evidence of related external damage.
- 14.3.7 For any goods which have a pre-existing defect or are inherently defective.
- 14.3.8 For perishable items and/or those requiring a controlled environment.
- 14.3.9 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
- 14.3.10 For the items referred to in Clause 9 (Goods not to be submitted for removal)
- 14.4 No employee of Ours shall be separately liable to You for any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement.
- 14.5 Where Goods are handled out from store Our liability will cease upon handling over the Goods to Your authorised representative.
- 14.6 We will not be liable for any loss or damage caused by Us or Our employees or agents in circumstances where:
- 14.6.1There is no breach of this Agreement by Us by any of Our employees or agents.
- 14.6.2 Such loss or damage is not a reasonably foreseeable result of any such breach.
15 Damage to property other than Goods
- Because third party contractors or others are frequently present at the time of collection or delivery, it is not always possible to establish who was responsible for any loss or damage, therefore our liability is limited as follows;
- 15.1 If we cause loss or damage to premises or property other than goods for removal as a result of Our negligence or breach of contract, Our liability shall be limited to making good the damaged area only.
- 15.2 If We cause damage as a result of moving goods under Your express instructions, against our advice, and where moving goods in the manner instructed is likely to cause damage, We shall not be liable.
- 15.3 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 as soon as practically possible after the damage occurs or is discovered or in any event within a reasonable time. This is fundamental to the Agreement.
16 Time limits for reporting claims
- If it is believed that the Remover has been responsible for loss and/or damage to goods and/or premises, such claims must be made verbally and in writing within 30 days of the alleged incident. Any claim brought outside this time period will not be accepted.
- If there is a dispute arising from this Contract, which cannot be resolved, either party may refer it to the English courts in accordance with Clause 24.
18 Our Right to Hold the Goods (Lien) “Lien” is the legal right of the remover to hold goods until the customer has paid all outstanding charges.
- 18.1 Goods received or held by the Remover are subject:
- 18.1.1 To a particular lien for the payment of removal or storage charges.
- 18.1.2 To a general lien for all monies owed to the Remover for any services rendered to you under this or any other contract.
- 18.2 If the lien is not satisfied within 28 days of the Remover’s notification of the exercise of such lien, the Remover shall be entitled to sell Your goods and apply the proceeds of sale towards satisfaction of the lien. While We hold the goods You will be liable to pay all storage charges and other costs (including legal costs) reasonably incurred by Us in recovering Our charges and applying Our right of lien.
- The Remover reserves the right to subcontract all or part of the Work. If the Remover subcontracts the Work it does so as your agent which means that the removal will still be carried out in accordance with, and subject to, these Terms.
20 Inter-change and method
- The Remover may at any time inter-change goods between vehicles and warehouses and may choose which route or by which means the goods shall be carried.
- Where an inventory is prepared it shall be deemed to be conclusive evidence of the Customer’s goods that are stored, unless the Remover receives the Customer’s notification in writing of any error or omission within 7 days of the receipt of the inventory. Such notification shall not be effective unless acknowledged in writing by the Remover. The Remover agrees to make this acknowledgement promptly upon receipt of this notification.
- 22.1 Either party may, by written notice, terminate the Contract immediately if the other party breaches any of its obligations under the Contract, and the breach (if capable of being remedied) remains unremedied for 14 days after written notice of such breach has been served.
- 22.2 Either party may also terminate the Contract immediately by giving notice in writing if the other;
- 22.2.1 Convenes a meeting of its creditors, or
- 22.2.2 Becomes insolvent, or
- 22.2.3 Is unable to pay its debts as they fall due, or
- 22.2.4 Has an administrative receiver or receiver or administrator appointed over any of its assets or business, or
- 22.2.5 Is the subject of a petition presented to put it into liquidation, or
- 22.2.6 Enters into a voluntary arrangement with its creditors.
- 22.3 Where We become entitled to terminate the Contract under 17 We shall be entitled to cancel or suspend the Work without any liability to You and if Work has been carried out but not paid for, the price shall become immediately due and payable.
- 22.4 Termination of the Contract will have no effect on any rights or liabilities of either party, which arose, on or before termination.
23 Ownership of Crates
- 23.1 Ownership of all crates, materials and equipment shall remain with the Company but shall remain the responsibility of the Customer until the return of the third party contractor. The Customer is responsible for obtaining a signed Delivery and collection note.
- 23.2 The Customer accepts any charges raised as a result of extended hire periods than quoted and for any loss.
24 Governing law and jurisdiction
- These Terms shall be governed by English Law.
- Additional Terms and Conditions For Storage of Goods
26 Address of customer
- 26.1 You must at all time keep the Remover informed in writing of Your current address.
- 26.2 Notification of a change of address shall not be effective unless the Remover acknowledges it, in writing.
27 Payment of storage charges
- 27.1 Storage charges are payable 3 months in advance. If the Customer removes the Goods from storage before the expiration of the 3 month period, the Remover will credit the account of the Customer for the unexpired portion of such period. This allowance will not be given for periods of less than 1 complete week.
- 27.2 All charges (including removal charges) shall be paid (and any cheques cleared) before the Goods are removed from storage.
28 Revision of storage charges
- The Remover shall be entitled to revise storage charges from time to time. The Remover will give the Customer 28 days notice of an increase in charges, such increase to take effect at the beginning of the next accounting period.
29 Termination of storage
- 29.1 The Customer shall be entitled to terminate the storage by giving the Remover at least 14 days notice in writing. The notice shall not be effective unless received by the Remover. If the Remover agrees to release the Goods, on less than 14 days notice the Remover reserves the right to charge for the full 14 day period of notice.
- 29.2 Provided the Customer is not in arrears with the payment of storage charges, the Remover shall not terminate the storage save on 3 months notice in writing.
- The Remover shall be entitled to make a separate charge for stowing or unstowing the Goods and, if the Customer elects to make his own arrangements for the delivery or collection of Goods to or from the warehouse, for receiving on handling over the same.