1. OUR QUOTATION. 1.1 Our quotation, unless otherwise stated, does not include customs duties and inspections or any other fees or taxes payable to government bodies. It does include us accepting liability for your vehicle, subject to clauses 2.2, 3.2, 5.2, 5.3 and the provisions of Clauses 4, 9, 10, 11 and 12. 1.2 We may change the price or make additional charges if circumstances are found to apply which have not been taken into account when preparing our quotation and confirmed by us in writing. These include: 1.2.1 You do not accept our quotation in writing within 28 days, or the work is not carried out or completed within two months. 1.2.2 Our costs change because of currency fluctuations or changes in taxation or freight charges beyond our control. 1.2.3 We supply any additional services, including moving or storing extra vehicles (these conditions apply to such work). 1.2.4 The approach, road or drive is unsuitable for our vehicles and/or containers to load and/or unload. 1.2.5 We have to pay parking or other fees or charges in order to carry out services on your behalf. 1.2.6 There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work. 1.3 In any such circumstances adjusted charges will apply and become payable.
2. WORK NOT INCLUDED IN THE QUOTATION. 2.1 Unless agreed by us in writing, we will not: 2.1.1 Disconnect, re-connect, clean, dismantle or re-assemble any part of your vehicle. 2.1.2 Move or store any items excluded under Clause 5. 2.2 Our staff are not authorized or qualified to carry out such work. We recommend that a properly qualified person is separately employed by you to carry out these services.
3. YOUR RESPONSIBILITY. 3.1 It will be your sole responsibility to: 3.1.1 Declare to us, in writing, the value of the vehicle being removed and/or stored. If it is subsequently established that the value of the vehicle removed or stored is greater than the actual value you declare, you agree that our liability under clause 9.1 will be reduced to reflect the proportion that your declared value bears to it’s or their actual value. 3.1.2 Obtain at your own expense, all documents, permits, permissions, licences, customs documents necessary for the shipment to be completed. 3.1.3 Be present or represented during the collection and delivery of the vehicle. 3.1.4 Ensure authorized signature on agreed inventories, receipts, waybills, job sheets or other relevant documents by way of confirmation of collection or delivery of the vehicle. 3.1.5 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error. 3.1.6 Arrange proper protection for the vehicle left in unoccupied or unattended premises, or where other people such as (but not limited to) tenants or workmen are, or will be present. 3.1.7 Prepare adequately the vehicle prior to it’s shipment. 3.1.8 Provide us with a contact address for correspondence during shipment, transit and/or storage of the vehicle. 3.2 Other than by reason of our negligence or breach of contract, we will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.
4. OUR RESPONSIBILITY. 4.1 It is our responsibility to deliver your vehicle to you, or produce it for your collection, undamaged. By “undamaged” we mean in the same condition as it was in at the time when it was packed or otherwise made ready for transportation and/or storage. 4.2 In the event that we have undertaken to prepare the vehicle, or otherwise make it ready for transportation and/or storage, it is our responsibility to deliver it to you, or produce it for your collection, undamaged. Again, by “undamaged” we mean in the same condition as it was in immediately prior to being received/packed/made ready for transportation or storage. 4.3 If we fail to discharge the responsibilities identified in clause 4.1 and 4.2, we will, subject to the provisions of clauses 9, 11 and 12, be liable under this agreement to compensate you for such failure. 4.4 We will not be liable to compensate you where clauses 2.2, 3.2, 5.2 and 5.3 apply unless loss or damage occurred as a result of negligence or breach of contract on our part. 4.5 If you do not provide us with a declaration of value of your vehicle on the form we provide, or if you do not require us to accept standard liability pursuant to clause 9.1 we will not be liable to you for failure to discharge the responsibilities identified in clause 4.1 and 4.2, unless that failure was caused by negligence or breach of contract on our part. 4.6 The amount of our liability under this clause shall be determined in accordance with clauses 9 and 11.
5. VEHICLES NOT TO BE SUBMITTED FOR SHIPMENT OR STORAGE. 5.1 Unless previously agreed in writing by a director or other authorized company representative, the following items must not be submitted for shipment or storage and will under no circumstances be moved or stored by us. The items listed under 5.1.1 below may present risks to health and safety and of fire. Items listed under 5.1.2 and 5.1.3 below carry other risks and you should make your own arrangements for their transport and storage. 5.1.1 Potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition. 5.1.2 Prohibited or stolen vehicles or vehicles with any monies outstanding. 5.1.3 Vehicles which require special licence or government permission for export or import. 5.2 If we do agree to remove such goods, we will not accept liability for loss or damage unless we are negligent or in breach of contract, in which case all these conditions will apply. 5.3 If you submit such a vehicle without our knowledge we will make it available for your collection and if you do not collect it within a reasonable time we will apply for an appropriate court order to dispose of any such vehicle without notice. You will furthermore pay to us any charges, expenses, damages, legal costs or penalties incurred by us.
6. OWNERSHIP OF THE VEHICLE. 6.1 By entering into this Agreement, you guarantee that: 6.1.1 The vehicle to be shipped and/or stored is your own property, or 6.1.2 The person(s) who owns or has an interest in it has given you authority to make this contract and has been made aware of these conditions. 6.1.3 You will pay us for any claim for damages and/or costs brought against us if either warranty 6.1.1 or 6.1.2 is not true.
7. CHARGES IF YOU POSTPONE OR CANCEL THE SHIPMENT. 7.1 If you postpone or cancel this Agreement, we will charge you according to how much notice is given. ‘Working days’ refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays. 7.1.1 More than 10 working days before the shipment was due to start: No charge. 7.1.2 Between 5 and 10 working days inclusive before the shipment was due to start: not more than 30% of the shipment charge. 7.1.3 Less than 5 working days before the shipment was due to start: not more than 60% of the shipment charge.
8. PAYMENT. 8.1 Unless otherwise agreed by us in writing: 8.1.1 Payment is required by cleared funds in advance of the shipment or storage period. 8.1.2 You may not withhold any part of the agreed price. 8.1.3 In respect of all sums which are overdue to us, we will charge interest on a daily basis calculated at 4% per annum above the prevailing base rate for the time being of the Bank of England.
9. DETERMINATION OF AMOUNT OF OUR LIABILITY FOR LOSS OR DAMAGE. 9.1 Standard Liability. 9.1.1 If you provide us with a declaration of the value of your vehicle on the valuation form we provide, and make payment of the additional charge for us to accept Standard Liability, subject to clause 3.1.1, the amount of our liability to you in the event of loss or damage to that vehicle in breach of clause 4 will be determined in accordance with Clauses 9.1.2, 9.1.3 and 11 below. 9.1.2 In the event of loss of or damage to your vehicle in breach of clause 4, our liability to you is to be assessed as a sum equivalent to the cost of repair or replacement whichever is the smaller sum, taking into account the age, condition and value you declared of the vehicle immediately prior to loss or damage. 9.1.3 Where the lost or damaged item is part of a pair or set or collection, our liability to you, where it is assessed as the cost of replacement of that vehicle, is to be assessed as a sum equivalent to the cost of that vehicle in isolation, not the cost of that vehicle as part of a pair or set or collection. 9.2 Limited Liability. 9.2.1 If you do not provide us with a declaration of value, or if you do not require us to accept Standard Liability pursuant to clause 9.1, then our liability to you is to be determined in accordance with Clauses 9.1.3, 9.2.2 and 11. 9.2.2 In the event of loss of or damage to your vehicle caused by negligence or breach of contract on our part, our liability to you is to be assessed as a sum equivalent to the cost of repair or replacement, taking into account age and condition immediately prior to loss or damage, subject to a maximum liability of £40 per vehicle. Your attention is drawn to clause 11.1 which applies to Limited Liability. 9.3 For a vehicle destined to or received from a place outside the UK. 9.3.1 We will only accept Standard Liability if you provide us with a detailed valuation of your vehicle on the valuation form which we provide. All other provisions of Clause 9.1 will apply. 9.3.2 We do not accept liability for loss of or damage to a vehicle confiscated, seized, or removed by Customs Authorities or other Government Agencies unless we have been negligent or in breach of contract. 9.3.3 We do not accept liability for loss of or damage to a vehicle occurring in certain overseas countries including Afghanistan, Albania, Angola, Benin, Cambodia, Cuba, Ethiopia, Gambia, Iran, Iraq, Lebanon, Former Yugoslavia, Former USSR, Laos, Libya, Liberia, Nigeria, North Korea, Republic /Democratic Republic of Congo, Sierra Leone, Somalia, Sudan, Syria, Vietnam, Yemen, unless we have been negligent or in breach of contract. This list is not exhaustive, and we will advise you at the time of quotation if this exclusion applies. We will accept liability for loss or damage (a) arising from our negligence or breach of contract whilst the vehicle is in our physical possession, or (b) whilst the vehicle is in the possession of others if the loss or damage is established to have been caused by our failure to pack the vehicle to a reasonable standard where we have been contracted to pack the vehicle that is subject to the claim. In either circumstance clause 9.1 or 9.2 above will apply. 9.4 An Item is defined as : 9.4.1 Any vehicle, motorised or otherwise; and 9.4.2 Any other object or thing that is moved, shipped, handled or stored by us.
10. DAMAGE TO PREMISES OR PROPERTY OTHER THAN A VEHICLE. 10.1 Because third party contractors are frequently present at the time of collection or delivery our liability for loss or damage is limited as follows: 10.1.1 If we cause loss or damage to premises or property other than the vehicle for shipment as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only. 10.1.2 If we cause damage as a result of moving a vehicle under your express instruction, against our advice, and where to move the vehicle in the manner instructed is likely to cause damage, we shall not be liable. 10.1.3 If we are responsible for causing damage to your premises or to property other than the vehicle submitted for shipment and/or storage, you must note this on the worksheet, pre-shipment vehicle condition report or delivery receipt as soon as practically possible or within a reasonable time. This is fundamental to the Agreement.
11. EXCLUSIONS OF LIABILITY. 11.1 In respect of Limited Liability, we will not be liable for loss of or damage to your vehicle as a result of fire or explosion howsoever that fire or explosion was caused, war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control unless we have been negligent or in breach of contract. 11.2 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the following goods : 11.2.1 Any goods, personal effects or any other items contained within a vehicle and excluding any loss and/or damage caused by such contents to the vehicle. 11.3 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the vehicle if caused by any of the following circumstances: 11.3.1 Loss or damage arising from ionising radiations or radioactive contamination. 11.3.2 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack. 11.3.3 Indirect or consequential loss of any kind or description. 11.3.4 By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods or vehicle. This includes goods left within a vehicle. 11.3.5 By vermin, moth, insects and similar infestation, damp, mould, mildew or rust. 11.3.6 By cleaning, repairing or restoring unless we arranged for the work to be carried out. 11.3.7 By change to atmospheric or climatic conditions. 11.3.8 For electrical or mechanical derangement or breakdown to any vehicle unless there is evidence of related external damage. 11.3.9 Loss or damage of motor vehicles caused by scratching, denting and marring unless you obtain from us a pre-shipment vehicle condition report. 11.3.10 Loss or damage to a vehicle whilst being driven or for the purpose of being driven under its own power other than for the purpose of loading onto or unloading from the carrying conveyance or container. 11.3.11 Loss or damage sustained by accessories and removable items unless lost with the vehicle. 11.3.12 For any vehicle which had a pre-existing defect or was inherently defective. 11.4 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. 11.5 Our liability will cease upon handing over the vehicle from our warehouse or upon completion of delivery (see Clause 12.2 below). 11.6 In respect of Standard Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to or failure to produce the vehicle if caused by War, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup unless the vehicle is on an overseas vessel or aircraft.
12. TIME LIMIT FOR CLAIMS. 12.1 For a vehicle which we deliver, you must notify us in writing of any visible loss, damage or failure to produce any vehicle at the time of delivery. 12.2 If you or your agent collect the vehicle, you must notify us in writing of any loss or damage at the time the vehicle are handed to you or your agent. 12.3 Notwithstanding clauses 9, 10 and 11 we will not be liable for any loss of or damage to the vehicle unless a claim is notified to us, or to our agent or the company carrying out the collection or delivery of the vehicle on our behalf, in writing as soon as such loss or damage is discovered (or with reasonable diligence ought to have been discovered) and in any event within thirty (30) days of delivery of the vehicle by us. 12.4 The time limit for notifying us of your claim may be extended upon receipt of your written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld. 12.5 Any dispute concerning the handling of claims should in the first instance be referred to Removal Claims Service, Swan House, 24 Bridge Street, Leatherhead, Surrey, KT22 8BX Tel. 01372 385970; Fax. 01372 385971; email: info@removalclaims.co.uk.
13. DELAYS IN TRANSIT. 13.1 Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit. 13.2 If through no fault of ours we are unable to deliver your vehicle, we will take it into store. The Agreement will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense.
14. OUR RIGHT TO HOLD THE VEHICLE (LIEN). We shall have a right to withhold and/or ultimately dispose of the vehicle until you have paid all our charges and any other payments due under this or any other Agreement. (See also Clause 23). These include any charges that we have paid out on your behalf. While we hold the vehicle you will be liable to pay all storage charges and other costs incurred by our withholding your vehicle and these terms and conditions shall continue to apply.
15. DISPUTES. If there is a dispute arising from this Agreement, which cannot be resolved, either party may refer it to the Chartered Institute of Arbitrators. Recourse to arbitration is subject to certain limits, current details of which are available upon request. This does not prejudice your right to commence court proceedings.
16. OUR RIGHT TO SUB-CONTRACT THE WORK. 16.1 We reserve the right to sub-contract some or all of the work or enter into contracts with third parties all of whom shall be considered to have been retained by you. 16.2 If we sub-contract or enter into third party contracts, then these conditions will still apply as well as the terms and conditions of the sub-contractor or third party.
17. ROUTE AND METHOD. 17.1 We have the right to choose the method and route by which to carry out the work. 17.2 Unless it has been specifically agreed otherwise in writing in our Quotation, other space/volume/capacity on our vehicles and/or the container may be utilized for consignments of other customers.
18. ADVICE AND INFORMATION FOR INTERNATIONAL REMOVALS. We will use our reasonable endeavours to provide you with up to date information to assist you with the import/export of your vehicle. Information on such matters as national or regional laws and regulations which are subject to change and interpretation at any time is provided in good faith and is based upon existing known circumstances. It is your responsibility to seek appropriate advice to verify the accuracy of any information provided.
19. APPLICABLE LAW. This contract is subject to the law of the country in which the office of the company issuing this contract is situated.
20. YOUR FORWARDING ADDRESS. 20.1 If you send a vehicle to be shipped or stored, you must provide an address for correspondence and notify us if it changes. All correspondence and notices will be considered to have been received by you seven days after sending it to your last address recorded by us. 20.2 If you do not provide an address or respond to our correspondence or notices, we may publish such notices in a public newspaper in the area to or from which the vehicle was delivered. Such notice will be considered to have been received by you seven days after the publication date of the newspaper. Note: If we are unable to contact you, we will charge you any costs incurred in establishing your whereabouts.
21. VEHICLE RECEIPT. Where we produce a receipt and send it to you, it will be accepted as accurate unless you write to us within 10 days of the date of our sending, or a reasonable period agreed between us, notifying us of any errors or omissions.
22. REVISION OF STORAGE CHARGES. We review our storage charges periodically. You will be given 14 days notice in writing of any increases.
23. OUR RIGHT TO SELL OR DISPOSE OF THE VEHICLE. If payment of our charges relating to your vehicle is in arrears or if you fail to take delivery of the vehicle at destination, and on giving you 14 days notice, we are entitled to require you to remove your vehicle from our custody and pay all money due to us. If you fail to pay all outstanding amounts due to us and/or take delivery of the vehicle, we may sell or dispose of the vehicle without further notice. The cost of the sale or disposal will be charged to you. The net proceeds will be credited to your account and any eventual surplus will be paid to you without interest. If the full amount due is not received, we may seek to recover the balance from you.
24. TERMINATION. If payments are up to date, we will not end this contract except by giving you 14 days notice in writing. If you wish to terminate your contract, you must give us at least 7 working days’ notice (working days are defined in Clause 7 above). If we can release the vehicle earlier, we will do so, provided that your account is paid up to date.

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