Commercial Moving Terms & Conditions
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1.Parties The parties to this contract are Abels Office Moving Services part of Abels Moving Services Ltd (“The Contractor”) and the person identified in the quotation who requests the move or storage services (“The Customer”). The contractor is not a common carrier.
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2.Quotation and Price (unless otherwise agreed in writing)
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(a)The quotation will remain open for acceptance for 28 days from the quotation date.
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(b)The quotation is for a fixed price, but The Contractor is entitled to increase the price after acceptance if due to circumstances beyond their control the performance of the contract becomes substantially more onerous for them to carry out or by your delay the work is not carried out or completed within six months. We have to pay operational charges in order to carry out the services, which may be brought in or amended at any time by the law. These may include (but are not limited to) Low Emission Zone (LEZ) charges and congestion charges.
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(c)Any increase in price shall be limited to the extra cost (plus profit) occasioned to The Contractor carrying out the contract.
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(d)“Work” means removal, transportation, lifting, handling, packing/unpacking, storage, and any other services rendered to you by us.
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(e)“Premises” means the place(s) where the work is to be performed or the goods stored.
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(f)“Equipment” means anything used by us in the execution of the work.
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(g)“Contract” means the contract for the supply and acquisition of the Work.
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(h)“Terms” means the standard terms of purchase set out in this document and (unless the context otherwise requires) includes any special terms agreed in writing between the Remover and the customer.
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(i)“Working days” means Monday to Friday (excluding Statutory & Bank Holidays)
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(j)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, whether direct or indirect, or of a consequential nature resulting from its failure to perform the work within the agreed time. 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 further agree to pay any additional charges emanating from the provision of additional resources.
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3.Work excluded from the quotation. (unless otherwise agreed in writing)
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(a)The packing and unpacking of goods before and after removal.
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(b)The dismantling or re-assembling of furniture, fixings or fittings.
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(c)The disconnection, preparation for transit or reconnection of electrical apparatus / equipment.
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(d)The removal or relaying or re-hanging of fitted floor coverings, curtains or blinds.
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(e)The work is carried out on a Saturday, Sunday or Public Holiday or outside normal hours (0800 to 1800hrs) at your request.
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(f)The contractor may, however, be willing to carry out the above- mentioned work for an agreed price which will be agreed in writing prior to the move.
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4.Customer’s Warranties The customer undertakes and warrants:
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(a)That he is the owner of the goods, before and after removal. Free of any legal charge.
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(b)That if he is not the owner of the goods, he is authorised by or has the written consent of the owner to enter into this contract.
That he will provide a full indemnity and pay Us in respect of any claim for damages and/or costs brought against Us if either statement made in 4(a) or 7(b) is untrue. -
(c)That there is proper and suitable access at all appropriate times to the premises to enable The Contractor to carry out all the work described in the contract.
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(d)That he shall be solely responsible for the safety and security of all of the goods up to the departure from the collecting address and from the point of arrival at the delivery address.
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(e)That he shall be solely responsible for the safeguarding of all (the contractor’s packing cases and any other moving equipment during such time as the same are at the collecting address or at the delivery address during the moving operation.
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(f)That he will obtain at his own expense all documents necessary for the move to be carried out.
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(g)That he will arrange and pay for any necessary parking facilities for The Contractor’s vehicles unless shown to be included within the quotation.
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(h)That he will not submit for moving or storage any dangerous or toxic article or substance which is likely to encourage vermin or other pests or likely to cause or transmit any infection or contagious disease. If he submit such goods without Our knowledge, We will make them available for Your collection and if You do not collect them within a reasonable time We may apply for a court order to dispose of any such goods found in the consignment. You agree to pay Us any charges, expenses, damages, legal costs, or penalties reasonably incurred by Us in disposing of the goods.
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5.Payment by Customer
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(a)Unless previously agreed in writing, The Customer must pay in advance for all moving services and in any event must pay within 30 days of completion of the move.
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(b)If he does not pay within 30 days, The Customer shall pay interest on any outstanding balance at the rate of 2.5% per month (or part).
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(c)Set-off. The Customer shall not be entitled to withhold any part of the agreed price on the grounds that he has a claim against The Contractor arising out of this or any other contract.
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6.Postponement of the move. (“working days” refers to Monday – Friday excluding bank holidays) By way of liquidated damages, the Customer agrees to pay the following sum in the event of:
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(a)If notification of postponement is received by The Contractor between 10 to 7 working days before the move, a sum representing 15% of the moving charges. 6 to 3 days 30% of the moving charges, 2 days or less is regarded as a cancellation.
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(b)If The Customer does not stipulate a new date for the move within 28 days of postponement, the contract will be deemed to be cancelled and clause 7 will apply.
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7.Cancellation of the move. (“working days” refers to Monday – Friday excluding bank holidays) By way of liquidated damages, The Customer agrees to pay the following sums of the removal charges in the event of cancelling the move. 5-10 working days prior 30%, less than 5 working days 50%, less than 2 working days 75%, less than 1 working day 100% of the removal charge.
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8.Sub-contracting The Contractor reserves the right to subcontract all or part of the move. If The Contractor sub-contracts, he does so as the agent of The Customer which means that the move will still be carried out in accordance with and subject to these terms and conditions
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9.Inter-change and method The Contractor 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.
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10.Inspection of goods and disposal of certain goods
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(a)The Contractor reserves the right to open or inspect goods to ensure compliance with Clause 4(h) above or in the interest of health, safety or security.
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(b)If upon opening or inspecting the goods The Contractor on reasonable grounds believes that The Customer is in breach, of Clause 4(h) above or that the goods pose a threat to health, safety or security The Contractor shall be entitled (without prejudice to any other rights it may have) to dispose of the goods forthwith without compensation to The Customer.
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11.Lien Goods received or held by The Contractor are subject:
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(a)To a particular lien for the payment of moving or storage charges.
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(b)To a general lien for all monies owed to The Contractor for any services rendered to The Customer under this or any other contract.
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(c)If the lien is not satisfied within 28 days of The Contractor’s notification of the exercise of such lien, The Contractor shall be entitled to sell The Customer’s goods and apply the proceeds of the sale towards the satisfaction of the lien.
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12.Contractor’s liability
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(a)The Contractor shall not be liable for any loss or damage of any description (other than death and personal injury) or for any delay or misdelivery of goods whether caused by The Contractor’s negligence or breach of any term of this contract (whether expressed or implied, statutory or otherwise) or caused in some other manner.
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(b)In particular, The Contractor shall not be liable for any loss of profit, consequential loss or damage of any description howsoever arising.
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(c)If The Customer accepts Abels insurance, liability will be limited to the risks covered by the policy. If The Customer does not accept Abels insurance clauses 12(a) and (b) shall apply.
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(d)The Remover’s total liability to The Customer in respect of all other losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £40.00 per item, maximum £400.
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(e)The Remover strongly advises The Customer to review his own insurance arrangements to ensure that he holds adequate cover. The Remover will provide an offer of insurance on the quotation page. Cover is not effective until the premium has been paid. Otherwise, our liability is limited as detailed above.
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13.Claims by third party against The Contractor. If The Contractor is required to pay any charge, expense, damage or penalty to a third party arising out of the performance of the contract. The Customer will indemnify The Contractor against such payment unless it was brought about by The Contractor’s negligence.
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14.Arbitration If any dispute or difference shall arise between The Contractor and The Customer the matter may be referred to the arbitration of a single arbitrator, to be agreed between the parties or in default of agreement an arbitrator appointed by the President for the time being of the Institute of Arbitrators. This does not prejudice your rights under the Consumer Arbitration Agreements Act 1988.
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15.Proper law of contract These Terms and Conditions and contract is made at our office and is subject to English Law and the jurisdiction of English courts only.
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16.Variation of Terms No variation of these Terms and Conditions shall be effective unless the variation is recorded in writing and acknowledged by a Director of Abels, in writing, prior to work commencing.
ADDITIONAL TERMS AND CONDITIONS FOR STORAGE OF GOODS -
17.Address of Customer The Customer must always keep The Contractor informed in writing of his current address. Notification of change of address shall not be effective unless it is acknowledged in writing by The Contractor. The Contractor agrees to make his acknowledgement promptly upon receipt of this notification. Any notice to The Customer (under this or any other clause herein) which is made to his last known address shall be deemed to be good notice and duly served 7 days after the date of posting.
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18.Inventory Where an inventory is prepared it shall be conclusive evidence of The Customer’s goods which are stored unless The Contractor receives the Customer’s notification in writing of any error or omission within 7 days of his receipt of the inventory. Such notification shall
not be effective unless acknowledged in writing by The Contractor. The Contractor agrees to make this acknowledgement, in writing promptly upon receipt of this notification. -
19.Payment of storage charges
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(a)Storage charges are payable in advance. If The Customer removes the goods from storage before the expiration of the invoiced period, The Contractor will credit from the account of The Customer for the unexpired portion of such period.
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(b)All charges (including moving charges) shall be paid before the goods are removed from storage.
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20.Revision of storage charges The Contractor shall be entitled to revise storage charges from time to time. The Contractor will give The Customer at least 30 days’ notice for an increase in charges, such increase to take effect at the beginning of the next accounting period.
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21.Termination of storage contract
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(a)The Customer shall be entitled to terminate the storage contract by giving The Contractor at least 15 working days’ notice in writing. Only effective if received by The Contractor.
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(b)Provided The Customer is not in arrears with the payment of storage charges, The Contractor shall not terminate the storage contract save on a 3-month notice in writing.
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(c)Deliveries and handouts from the store will be booked as soon as practicably possible given other work already booked in.
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22.Handling The Contractor 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 delivery or collection to or from our warehouse, for receiving or handling over of the same.
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23.Damage to premises or property other than goods. Our liability is limited as follows:
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(a)If We cause loss or damage to premises or property other than goods for removal because of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.
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(b)If We cause damage as a result of moving goods under Your express instruction, against our advice, and where moving the goods in the manner instructed is likely to cause damage, We shall not be liable.
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(c)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 contract.
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