1. DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.2 "Customer" means any person who purchases Goods and Services from the Supplier;
1.3 "Goods" means the articles specified in the Proposal;
1.4 "Proposal" means a statement of work, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.5 "Services" means the services specified in the Proposal;
1.6 "Supplier" means www.movingeverywhere.co.uk of BCR House, 3 Bredbury Business Park, Stockport, Cheshire, SK6 2SN;
1.7 “Removal Contractor” means the company in which the supplier arranges the services.
1.7 "Terms and Conditions" means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2. GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer's statutory rights as a Consumer.
3. QUOTATION, & ORDER
3.1 All Supplied Quotation shall remain valid for a period of 30 days.
3.2 The Customer shall be deemed to have accepted the Quotation by placing an order with the Supplier ("the Order") within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services shall be deemed to be acceptance of the Quotationl pursuant to these Terms and Conditions.
3.4 The quoted price may change or additional charges may apply if any of the following have not been taken into account when preparing the quotation:-
3.5 You do not accept the quotation within 30 days from the Quotation date.
3.6 By reason of your delay, the removal is not carried out within 3 months of the date of the acceptance of the Quotation.
3.7 If the move is carried out on a Saturday, Sunday or Bank Holiday, which was not previously agreed when the Quotation was calculated.
3.8 If at the time of the move it is found that the move is different to the information you have supplied via your online Quotation request. Then the Removal Contractors may charge additional amount to cover the cost of additional time and labour.
3.9 The Removal Contractor has to supply any additional services, previously not included in the quotation, such as disconnecting appliances, dismantling furniture, or storing additional items not previously included in the quotation.
3.10 Should access to the property be not as described, and will not allow free movement of the goods without the need of alterations or hire of additional equipment, or the access to the propertybe not suitable for the Removal Vehicle to get within 20 meters of the doorway, and as a result the removal Contractors have to do additional work not included in the Quotation.
3.11 Any charges incurred for parking, toll roads, congestion fees, or any other charges levied by the government for transportation of goods from the current property to the new property.
4. Work not included in the Quotation
4.1 Unless agreed in writing by the Removal Contractor, they will not, as part of the quoted removal services:
4.2 Disconnect or reconnect appliances, fixtures, fittings or equipment
4.3 Take up or lay fitted carpet or floor coverings
4.4 Dismantle or assemble unit or system furniture, fitments or fittings.
4.5 Move storage heaters, unless they are dismantled.
4.6 Move items from a loft or a cellar, unless properly lit and safe access os provided.
4.7 To move or store any items excluded in section 5.1 to 5.
5. RESTRICTED ITEMS NOT TO BE MOVED
5.1 The following items are not permitted to be removed unless previously agreed and an inventory is submitted in writing to the Suppliers and Contractors:
5.2 Jewellery, watches, precious stones or metals, money, deeds, securities, stamps, coins or goods or collections. Prohibited or stolen items, drugs, dangerous, damaging or explosive items, including gas bottles, firearms, and ammunition.
5.4 Plants or goods which may cause vermin or other pest infestation.
5.6 Any animals and their cages, or tanks including birds or fish.
5.7 If you have any goods you are unsure of then please request permission to be moved by the Contractor prior to the move date.
6. OWNERSHIP OF GOODS
By entering the contract you declare that:
6.1 The goods to be removed and/or stored are your own property, or
6.2 The person(s) who own or have an interest in them, have given you permission to make this contract, and have been made aware of the Contract.
You will meet any claim for damages, and any costs against the Removal Contractor if these declarations are not true.
7. PRICE AND PAYMENT
7.1 The price for the Goods and Services is as specified in the Proposal and is inclusive of VAT and any applicable charges outlined in the Proposal. The quote show costs excluding and including VAT for your reference.
7.2 Payment of the price shall be in the manner specified in the Proposal.
7.3 Payment is required by cleared funds in advance of the removal or storage period.
7.4 You may not withhold any part of the payment, failure to finalise the balance before the move date will result in the move being postponed until the balance has been paid.
7.5 Any cancellation fees incurred due to 7.4 will be met by you.
7.6 We accept payment by most major debit and credit cards, and paypal. A surcharge of 2.9% for all credit cards and paypal payments will be charged.
7.7
Payment is due in 5 working days in advance of the agreed moving date. Should payment not be received by the move date then the move may be cancelled, unless it has been agreed to pay cash or cheque on completion of your move. This decision will be made after agreement with the Removal contractors. If the move goes ahead then payment must be made within 3 working days of the move date. If payment is not received by the 3rd working day, then on the 4th working day a fee of £25.00 is added to the balance for collection charges, then an additional £5.00 per day thereafter up to a maximum of £100.00. If payment is not received after 20 days then the collection will be passed to a debt collection agency. And the customer will be subject to the DCA fees.
8. REMOVAL DATE
8.1 The date you provide us with for your move date, will complete the contract and should this date change charges if you postpone or cancel the removal will apply as per section 9.1
8.2 All risk in the Goods shall pass to the Customer upon delivery.
9. CHARGES IF YOU POSTPONE OR CANCEL THE MOVE
9.1 If you postpone or cancel the move, the Removal Contractor may charge according to how much notice is given. Notification must be in writing to us at www.movingeverywhere.co.uk .
9.1(a) More than 14 working days before the removal date as section 8.1 : Nil payable
9.1(b) More than 7 working days, less than 14 working days as section 8.1: 20% of the Removal Charge.
9.1(c) More than 2 working days, less than 7 working days from section 8.1: 40% of the Removal Charge.
9.1(d) Within 2 days of the removal date as section 8.1: 60% of the Removal Charge.
9.2 If the move has not been concluded within 3 months of the booking date, then no refund of the deposit will be made available if cancellation is requested. This will cover the cost of administration and time taken to arrange and confirm the booking.
10. TITLE
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
11. CUSTOMER'S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
11.1 co-operate with the Supplier;
11.2 provide the Supplier with any information reasonably required by the Supplier; Such information is the inventory checklist. This will form part of the contract and will enable us to provide a quote based on moving the items on the inventory. If on the day of the move there are non disclosed items then the move price will be increased on a pro-rata basis calculating original cost per cu ft and multiplying by the new cu ft. The additional amount is due upon completion of the move, or at a date agreed by us.
11.3 obtain all necessary permissions, parking permits, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer; and
11.4 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
11.5 Should any damage be incurred then it is your responsibility to advise us, within 14 working days and provide us with photographs and a written description of the damage. Liability for damage will only be accepted if it may be proven without reasonable doubt the Removal contractors have been negligent in the manner in which they have conducted the move.
11.6 It is your responsibility to ensure that your goods are adequately insured for trsnsportation, we can arrange this for you upon request, with an FSA regulated company.
12. SUPPLIER'S OBLIGATIONS
12.1 The Removal Company will work in a manner which ensures the goods removed from the property are not damaged and replaced in the new home in the condition they were collected in.
12.2 The Supplier and Removal Contractors shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
12.3 The Supplier accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
12.4 The Removal Contractor, at their discretion, may chose to replace or repair any damaged items, the removal Contractors will not be liable for depreciation in value.
12.5 The Removal Contractor agrees to pay all costs incurred by Movingeverywhere.co.uk in the unlikely event that the Removal Comntractors are unable to conduct an agreed move. If Movingeverywhere.co.uk have to contract another Removal Company to complete the move the difference in cost of the agreed removal price and the new removal cost, along with any refunds due to the customer are the responsibility of the initial Removal Contractor, and must be paid within 28 days of the move date.
13. RIGHT TO HOLD THE GOODS
13.1 The Removal Contractor shall have the right to withhold and or dispose of some or all of the goods until you have paid for any additional costs incurred due to any conditions in section 3. All payments should be made prior to the completion of the move unless, written authorization has been provided by us.
14. GOODS IN STORAGE
14.1 If goods are stored by the Removal Contractor, or any other company as recommended by us, then you must provide us with a correspondence address, and contact telephone information.
14.2 If you do not provide and address or respond to the Removal Contractors, ours or the Storage Companies written or telephone requests, they may publish such notices in a public newspaper in the area to ot form which the goods were moved, all costs incurred will be charged to your account. The goods will not be released until the account has been paid in full. Additional charges will be applied for additional time in storage.
14.2 If after 28 days of the Removal Contractors written attempts, you do not pay the bill in full then they may sell or dispose of some or all of the goods to cover the cost of the outstanding account. Any additional proceeds will be credited to your account awaiting your instructions.
14.3 If you make your own arrangements to collect the goods out of storage, then they will be entitled to charge for handing them over. The Removal Contractors liability will cease upon handing over the goods.
15. LIMITATION OF LIABILITY
15.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury, however the Supplier shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
15.2 The Supplier shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
16. FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
17. SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
18. GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
