These conditions explain your rights, obligations and responsibilities and those of the removal/installation Contractor (JT & Sons Relocations). A contract is a two-way agreement and it is important that everyone is in full understanding and agreement of the terms set out below. The word 'You' is mentioned it means the customer and 'we' or 'us' means JT & Sons Relocations. Should an amendment be required this must be agreed in writing.
The parties to this contract are firm or company identified overleaf ('The Contractor' JT & Sons Relocations) and the person identified who requests the removal or installation services ('the Customer'). The Contractor is not a common carrier.
2. Quotation and Price
2.1 The quotation will remain open for acceptance for 30 days from the quotation date.
2.2 The quotation is for a fixed price but we (JT & Sons Relocations Ltd) are entitled to increase the price after acceptance if due to circumstances beyond it's control the performance of the contract becomes substantially more onerous for us to carry out.
2.3 The increase in cost will be limited to the extra cost incurred to us in carrying out this contract.
3. Work excluded from the quotation
The following will be excluded from our quotation unless otherwise agreed by us in writing prior to your move.
3.1 a) Packing or Unpacking of goods before and after removal:
b) Dismantling and Reassembly of furniture, fixtures or fittings
c) The disconnection, preparation for transit or reconnection of electrical
apparatus or equipment.
d) The removal or re-laying or re-hanging of fitted floor coverings, curtains or blinds.
3.2 JT & Sons Relocations may be willing to carry out the above-mentioned work for an agreed price, which must be confirmed in writing.
4. Excluded Property
The following items are specifically excluded from this contract and will not be removed:
4.1 Jewellery, watches, trinkets, precious stones, money, deeds, securities, stamps, coins, or goods or collections of a similar nature.
4.2 Potentially dangerous, damaging, or explosive items.
4.3 Goods likely to encourage vermin or other pests or to cause infection.
4.4 Refrigerated or frozen food or drink.
4.5 Any animals and their cages or tanks including pets, birds or fish.
4.6 Furs, perfumery, wines, spirits, tobacco, cigars, cigarettes, foodstuffs, perishable goods or any kind of explosives.
Such goods will not be removed by us except without prior written agreement. If you submit such goods without our knowledge and prior written agreement, we will not be liable for any loss or damage except when death or injury is caused by our negligence or that of our employees or agents and you will indemnify us against any charges, expenses, damages or penalties claimed against us by third parties. In addition, we shall be entitled to dispose or (without notice) any such goods that are listed under paragraphs 4.2, 4.3, 4.4, 4.5 & 4.6.
5. Customer's Responsibilities
The Customer undertakes and warrants:
5.1 That you are the owner of the goods to be removed or stored.
5.2 That if you are not the owner of the goods, you are authorised by or has the consent of he owner to enter into this contract.
5.3 That there is proper and suitable access at all appropriate times to your premises to enable us to carry out the work described overleaf.
5.4 That you will be solely responsible for the safety and security of all the goods up to the point of departure from the collection address and as from the point of arrival at the delivery address.
5.5 That you will declare to us, in writing, the value of the goods being removed and/or stored. If it is subsequently established that the value of the goods 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 their actual value.
5.6 That you will obtain at your own expense, all documents, permits, permissions, licenses or customs documents necessary for the removal to be completed, unless otherwise agreed in writing by us.
5.7 That you will be present or represented during the entirety of the removal or installation works.
5.8 That you will ensure authorized signature on agreed inventories, instruction sheets or any other relevant documentation by way of confirmation of collection or delivery of goods.
5.9 Take all reasonable steps to ensure that nothing that should be removed is left behind and that nothing is taken away in error.
5.10 Arrange proper protection for goods left in unoccupied or unattended premises, or where other people such as (but not limited to) workers are, or will be present.
5.11 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal, unless otherwise agreed by us in writing.
5.12 Provide us with a contact address for correspondence during removal transit and/or storage of goods.
5.a.1 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.
6. Payment of Removal Charges
6.1 All payments required to be made pursuant to this agreement by either party shall be made within 30 days of the date of the relevant invoice in GBP in cleared funds. You may not withhold any part of the agreed price.
6.2 Interest at 2% per month, calculated on a daily basis, is charged on all overdue accounts.
If you postpone or cancel this contract, we may charge according to how much notice you provide prior to the agreed removal date as follows:
More than 7 days :- No Charge
Between 4 and 7 days :- 50% of the total removal charges
3 days :- 75% of the total removal charges
Between 1 - 2 days :- 90% of the total removal charges
Less than 24 hours :- 100% of the total removal charges
8. Our Liability for Loss or Damage
8.1 In the event that we lose or damage your goods, if we are liable, we will pay you up to a maximum of £40.00 sterling for each item which is lost or damaged, to cover the cost of repairing or replacing that item. In this respect, an item is defined as any one article, suite, pair, set, complete case, package, carton or other container.
8.1.1 Where the lost or damaged item is part of a apair or set, our liability to you, where it is assessed as the cost of replacement of that item, is to be assessed as a sum equivalent to the cost of that item in isolation, not the cost of that item as part of a pair or set.
8.2 We may choose to repair or replace the damaged or lost item. However, if we choose to repair the item we will not be liable for any depreciation in value.
8.3 Other than because of our negligence, we will not be liable for any loss, damage or failure to deliver the goods if it is caused by any of the following circumstances:
8.3.1 Fire, howsoever caused.
8.3.2 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.
8.3.3 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.
8.3.4 Cleaning, repairing or restoring unless we did the work.
8.3.5 Moth or vermin or similar infestation.
8.3.6 Electrical or mechanical derangement to any appliance, instrument or equipment unless there is evidence of external impact.
8.4 Additionally we will not be liable for any loss of or damage to:
8.4.1 Any goods in wardrobes, drawers or appliances or in a package, bundle, case or other container not both packed and unpacked by us.
8.4.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or goods or collections of a similar kind, unless you have previously given us full information including value, and we have confirmed in writing that we will accept responsibility in accordance with 8.1 above.
8.4.3 Goods that have a relevant proven defect or are inherently defective.
8.4.4 Animals and their cages or tanks including pets, birds or fish.
8.4.6 Refrigerated or frozen food or drink.
8.5 Other than because of our negligence, we will not be liable for damages or costs resulting indirectly from, or as a consequence of loss, damage, or failure to deliver the goods.
9. Damage to Premises
We shall only be liable for damage to premises caused by our negligence. Any damages to premises must be noted on the delivery receipt/instruction sheet and confirmed to us in writing within seven days unless you request a reasonable extension, which we agree in writing.
10. Time Limits for Claims
We will not be liable for any loss or damage to any goods unless any claim for loss or damage is notified to us in writing WITHIN SEVEN DAYS (this is a requirement of the insurers) of either delivery by us to their destination or their collection by you from our premises, unless you request a reasonable extension which we agree in writing.
11. Our rights to withhold or dispose of goods (Lien)
11.1 We have a legal right to withhold or ultimately dispose of some or all of the goods until you have paid all our charges and other payments due under this contract. These include any charges that we have paid out on your behalf. While we hold the goods and wait for payment, you will be liable to pay all storage charges and other costs incurred as a result of our withholding your goods and these terms and conditions will continue to apply.
12. Sub-contracting the Work
12.1 We reserve the right to sub-contract some or all of the work for which we have provided a quotation without reference to you.
12.2 If we sub-contract these conditions will still apply in full.
13. List of Goods (Inventory) or Receipt
13.1 Where we produce a list of your goods (inventory) or 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.
14. Force Majeure
14.1 Neither you or us shall be liable to the other or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of it's obligations in relation to the Services, if the delay or failure was due to any cause beyond that party's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond either party's reasonable control:
14.1.1 Acts of God, explosion, flood, tempest, fire or accident.
14.1.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition.
14.1.3 Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
14.1.4 Strikes, lock-outs, or other industrial actions or trade disputes.
14.1.5 Difficulties in obtaining raw materials, labour, fuel, part or machinery.
14.1.6 Power failure or breakdown in equipment/machinery.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms & conditions and the remainder of the provision in question shall not be affected thereby.
16. Applicable Law and Jurisdiction
These terms and conditions shall be governed and construed in accordance with English and Welsh law and the parties shall submit to the non-exclusive jurisdiction of the English and Welsh Courts.
We may terminate the agreement forthwith if:
17.1 You are in breach of any of it's obligations hereunder or;
17.2 You have entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or have an administrator, administrative receiver or receiver appointed over all or a substantial part of it's undertaking or assets.
17.3 You have become bankrupt or shall be deemed unable to pay your debts by virtue of Section 123 of the Insolvency Act of 1986.
17.4 You cease or threaten to cease to carry on business.
17.5 Any circumstances whatsoever beyond the reasonable control of us (including but not limited to the termination of the service through no fault of our own) arise that necessitate for whatever reason the termination of the provision of services.
17.6 In the event of termination under clause 17.1 - 17.5 we shall retain any sums already paid to it by you without prejudice to any other rights that we may have whether at law or otherwise.
17.7 If payments are up to date, we will not end this contract except by giving you three months notice in writing. If you wish to terminate your contract, you must give us at least 14 working days' notice. If we can release goods earlier (if applicable), we will do so, provided that your account is paid up to date.