1 These conditions set out the terms of the Contract between Tierney Rudledge t/a Last Minute Moves (the Business) and the Customer and explain your rights and obligations and responsibilities (Terms). Your attention is drawn to clause 9, which sets out our liability in respect of your Goods. 1. INTERPRETATION 1.1 Definitions: “Declaration of Value” means a written statement detailing the total value of the Goods. “Goods” means the goods being removed or stored “Premises” means both the premises which the Goods are removed from and delivered to as per the Customer’s instruction. “Quotation” means a written summary of the Business’s quote of fees for the work instructed by the Customer. “Quotation Date” means the date which the Quotation is sent to the Customer. “Removals Team” means the team of people employed by the Business to move the Goods. “VAT” means value added tax or any other tax of a similar nature. 1.2 Interpretation: (a) Any reference in these conditions to ‘we’, ‘us’ or ‘our’ is a reference to the Business. (b) Any reference in these conditions to ‘you’ is a reference to the Customer. (c) Any words following the terms including, include, in particular, for example or any similar expression, shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms. (d) A reference to writing or written includes fax and email.

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2. QUOTATIONS 2.1 Quotations are subject to VAT. 2.2 Although we quote a fixed price, we reserve the right to amend the price or add additional charges if any of the following have not been taken into account when preparing the quotation: (a) If due to any circumstances outside our control the work is not carried out or completed within three months of the Quotation Date; 2 (b) Our costs increase as a result of changes in taxation or freight charges beyond our control; (c) We supply any additional services, including moving or storing extra goods (these conditions apply to such services). This may include (but is not limited to) situations in which it becomes clear when we collect your goods that there are additional goods, of which we were not informed when we provided our quote and which was not, therefore, included in the quote. (d) the work is carried out on a Saturday, Sunday, or Public Holiday or outside of normal business hours (between 8:00am and 6:00pm) at your request; (e) There are delays outside our reasonable control in which event we will make an additional charge for the waiting time calculated in accordance with our standard rates applicable at the time; (f) The entrance or exit to the Premises, stairs, lifts or doorways are inadequate for free movement of the goods without mechanical equipment or structural alteration, or the approach, road, or drive is unsuitable for our vehicles to load and/or unload within 20 metres of the doorway to the entrance or exit of the Premises; (g) Any parking, operational, or other fees or charges that we have to incur and pay in order to carry out the services you require. Including (but are not limited to) Low Emission Zone charges and congestion charges. 2.3 In all the circumstances as set out in clause 2.2, the Customer will be responsible for the extra charges. 2.4 Our quotation is not a guarantee that we have vehicles available on the day you require. Accordingly, your signed acceptance of our quotation does not constitute a contract between us until you have our written confirmation that we can move your Goods on your required date. We will send our written confirmation within five working days of our receipt of your acceptance of our quotation.

 

3. WORK EXCLUDED FROM QUOTATIONS 3.1 Unless previously agreed in writing, we will not: (a) Dismantle or assemble unit-furniture (flat-pack), garden furniture and equipment, fixtures, fittings, or fitments (and in any event these works will not be covered by any insurance provided); (b) Disconnect or reconnect appliances, fixtures, fittings, or equipment; (c) Remove or lay fitted floor coverings; (d) Move items from the loft space of the Premises, unless properly lit and floored and safe access is provided; 3 (e) Take down or re-hang curtains, blinds, or other window coverings; (f) Move night storage heaters unless they are dismantled; (g) Move items excluded under clause 4 of these Terms; (h) Move any item or items which our Removals Team believe they cannot move safely or the removal of which may damage the item or items in question or its or their surroundings. 3.2 You are recommended to make such arrangements for any such work to be provided separately.

 

4. EXCLUDED PROPERTY 4.1 The following items are specifically excluded from these Terms and will not be removed or stored: (a) Bottle wines and spirits; (b) Cigars, cigarettes, and tobacco, but excluding raw leaf tobacco; (c) Potentially dangerous, damaging, or explosive items, including gas bottles, aerosols, paints, firearms, fuels, oils and ammunition; (d) Non-ferrous metals in raw scrap bar ingot or similar form; (e) Furs/skin clothing and ready-made garments, foot wear, fashion accessories; (f) Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or goods or collections of any similar kind; (g) Perfumes and scents; (h) Mobile phones and similar or associated goods and accessories; (i) Audio and Visual equipment; (j) Computer equipment or associated goods, software, and accessories; (k) Photographic equipment and accessories; (l) Goods requiring a controlled environment, such as temperature; (m) Any animals and their cages or tanks which includes but is not limited to pets, birds, fish, reptiles, or plants; (n) Goods which require a special licence or government permission to import or export; (o) Under no circumstances will goods, where ownership of which is prohibited by law, be moved or stored by us. 4 4.2 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. 4.3 If you submit any such goods without our knowledge, we will make them available for your collection and if you do not collect such goods within reasonable time we reserve the right to take further steps in relation to the disposal of any such goods. You must indemnify us against any additional charges, expenses, damages, costs, or claims incurred by us as a result.

 

5. CUSTOMERS RESPONSIBILITY 5.1 It is your sole responsibility to: (a) Arrange adequate insurance cover for the Goods submitted for removal and/or storage, against all insurable risk as our liability is limited under clause 9; (b) Declare to us the proper value of the Goods by way of a Declaration of Value (unless you elect for our liability to be limited to the amount we are able to recover under our insurance cover as set out in clause 9.1); (c) Obtain at your expense all documents necessary for the removal to be completed; (d) Be present or appoint a representative at the departure and destination points to ensure that nothing is removed or left in error or is left in the incorrect room; (e) Prepare adequately and stabilise all appliances prior to their removal; (f) Take reasonable precautions to prevent the unauthorised removal of goods not belonging to you and check to ensure that your goods are duly removed; (g) Provide proper protection for goods left unattended or in unoccupied premises; and (h) Empty, defrost and clean refrigerators and freezing equipment; 5.2 Ensure that all domestic and garden appliances, including but not limited to washing machines, dishwashers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them. In addition, you must provide us with contact details during the removal process including transit to the point of delivery. 5.3 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 as a result of any failure to fulfil the responsibilities detailed in clause 5.1.

 

6. OWNERSHIP OF THE GOODS 6.1 By entering into the Contract, you confirm to us that: 5 (a) The Goods are your own property, or the Goods are your property free of any legal charge; or (b) you have the authority of the owner of the Goods, and you have made them fully aware of these Terms prior to entering into the Contract and that they have agreed to them. 6.2 The Customer will be responsible for paying any claim for damages and costs which may arise if any of clause 6.1 proves to be untrue.

 

7. POSTPONEMENTS AND CANCELLATIONS 7.1 If you postpone or cancel the Contract, we reserve the right to charge in accordance with how much notice you have provided prior to the agreed removal date. Our charges are as follows: (a) No charge where notice has been provided more than 10 working days before the removal was due to start. (b) Not more than 30% of the removal charge where notice has been provided between 5 and 10 working days inclusive before the removal was due to start. (c) Not more than 60% of the removal charge where notice has been provided less than 5 working days before the removal was due to start. (d) Not more than 75% of the removal charge where notice has been provided within 24 hours before the removal was due to start. (e) Up to 100% of the removal charge where notice has been provided on the day the removal was due to start or at any time after the removal commences. 7.2 For this purpose, working days includes Mondays to Fridays other than Public Holidays. 7.3 Clause 7.1 will not apply if the Customer elects to take any removal postponement or cancellation protection waiver for which we have quoted. 7.4 Our agreement to waive charges under clause 7.3 is conditional upon us receiving written notice of your intention to postpone or cancel no later than 5:00 pm on the preceding working day before services commence. The postponement or cancellation protection waiver will entitle you to only one opportunity to postpone or cancel the Contract.

 

8. PAYMENT OF REMOVAL CHARGES 8.1 Unless you have our written agreement to the contrary you must pay our charges, so we have cleared funds in our nominated bank account prior to the delivery of your Goods. 6 8.2 Unless agreed otherwise, you must not withhold any part of the agreed price. 8.3 We reserve the right to charge interest on all overdue accounts at a rate of 4% per annum above base rate. 8.4 We reserve the right to terminate the Contract if payment is not received before the removal date, and not to carry out any services quoted for. 8.5 Failure to comply with the payment terms will also mean that the Goods are not insured.

 

 

9. LIABILITY FOR LOSS OR DAMAGE 9.1 Restricted Liability: (a) Neither we or our employees will be liable for damages or costs resulting indirectly from, or as a consequence of loss, damage, or failure to deliver the Goods, unless caused by our negligence or breach of contract. (b) If you do not provide us with a Declaration of Value or you do not require us to accept liability pursuant to clause 9.2, in the event that we lose or damage the Goods as a consequence of our own negligence or breach of contract, we will pay you the amount we are able to recover under our insurance cover for the item(s) which are lost or damaged. (c) In respect to clause 9.1(a), an item is defined as any one article, suite, pair, set, complete case, package, carton, or other container. (d) We may choose to repair or replace the lost or damaged item, but we shall not be liable for any depreciation in value. (e) Unless pursuant to clauses 9.1(a)-(c), we shall not be liable for any loss, damage, or failure to deliver the Goods if it is caused by any of the following circumstances: (i) Fire; (ii) 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 the Business’s control; (iii) Defective or inadequate packing insulation or labelling; (iv) Deliberate abandonment of goods or other property (v) Normal wear and tear, natural or gradual depreciation/deterioration, shortage in weight, leakage or evaporation or from perishable or unstable goods; 7 (vi) Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water; (vii) Cleaning, repairing, restoring unless we conducted this work; (viii) Moth, vermin or similar infestation; and (ix) Electrical or mechanical derangement to any appliance, instrument or equipment unless there is evidence of external impact. (x) Inherent vice (f) In additional to clause 9.1(e), we will not be liable for any loss or damage to: (i) Any of the Goods left in furniture or appliances, or in a package, bundle, case, or other container not both packed and unpacked by us; (ii) Any of the Goods which are confiscated, seized, or removed by Customs Agencies or Government Agencies unless such confiscation, seizure or removal arose directly as a result of our negligence or breach of contract; (iii) Any of the Goods which have a relevant proven defect or are inherently defective; (iv) For items referred to in Clause 4 9.2 Valuable Goods: (a) If you provide us with a Declaration of Value of the Goods and you agree to pay an additional charge, the value of our liability will be as follows: (i) In the event of loss or damage caused by our negligence or breach of contract, our liability to you will be assessed as a sum equivalent to the cost of their repair or replacement, taking into account the age and condition of the Goods immediately prior to their loss or damage. (ii) Where the lost or damaged item is part of a pair or a set, our liability to you, where it is assessed to be the cost of the replacement of that item, shall be the sum equivalent to the cost of that item in isolation, not the cost of the item as part of a pair or a set. 9.3 Any liability that arises under clause 9.1 or 9.2 is expressly subject to all or any other applicable exclusions set out elsewhere in these Terms.

 

10. DELAY IN TRANSIT 10.1 Unless we provide a specifically agreed timescale in writing, arrival and departure times are to be an estimate only. 8 10.2 If we do not keep to an agreed timescale provided in writing and any delay is caused by our negligence or breach of contract, we will pay your reasonable expenses which are a result of the agreed timescale not being fulfilled. 10.3 If, through no fault of our own, we are unable to deliver the Goods, we will take them into storage, the Contract will be considered fulfilled and any additional service(s), including storage and delivery, will be at your expense.

 

11. DAMAGES TO PREMISES 11.1 We shall only be liable for damages to the Premises caused by our negligence or breach of contract and our liability shall be limited to making good the damaged area only. 11.2 If we cause damage as a result of moving the 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. 11.3 Any damages caused to the Premises must be noted on the delivery receipt as soon as practically possible after the damage occurs or is discovered or in any event within a reasonable time.

 

12. TIME LIMITS FOR CLAIMS 12.1 We will not be liable for any loss or damage to any of the Goods unless any claim for loss or damage is notified to us in writing as soon as such loss or damage is discovered (or with reasonable diligence ought to have been discovered) and in any event in detail within seven days of either the collection of the Goods by you or the delivery of the Goods by us to their destination. We may agree a reasonable extension if requested by you in writing.

 

13. RIGHTS TO WITHHOLD OR DISPOSE OF GOODS 13.1 We have a legal right to withhold, sell or dispose of the Goods, subject to giving you three months’ notice, until you have paid all our charges and other payments due under the Contract which include charges that we have paid on behalf of you. 13.2 Whilst we hold the Goods and await payment from you, you will be liable to pay all storage charges and other costs incurred as a result of us withholding the Goods and these Terms will continue to apply. 13.3 The cost of any sale or disposal of some or all of the Goods 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. 9

 

14. EPIDEMIC AND PANDEMIC POLICY Outbreak Event: an event or delay caused by, or arising from or in relation to, an epidemic or pandemic, including but not limited to Coronavirus, that prevents or delays the carrying out of obligations under these Terms, including (but not limited to): a) absences or unavailability of our staff; b) any illness, quarantining, shielding or self-isolation (including, but not limited to, precautionary self-isolation) of you, or anyone living with you prior to the removal date; c) any illness, quarantining, shielding or self-isolation (including, but not limited to, precautionary self-isolation) of us or our staff, or anyone living with us or our staff prior to the removal date; d) any recommended or mandatory measures introduced by the Government intended to prevent or delay the spread of the illness or disease; e) any disruption of, or interruption to, any services such as electronic transmission of monies or the postal service or to services provided by utilities providers, including (but not limited to) electricity, gas, water, sewage, telecommunications, and data services; 14.1 If, due to an Outbreak Event, a party (Affected Party) is prevented from, or delayed in, carrying out any of their obligations under these Terms, neither party shall be in breach of these Terms or liable for any failure to perform, or any delay in performing, any of its obligations under these Terms that are prevented or delayed by that Outbreak Event. 14.2 Each party agrees with the other party that it shall: (a) notify the other party as soon as reasonably practicable (and in any event no later than two working days) after becoming aware of an Outbreak Event that will prevent or delay carrying out any of their obligations under these Terms and that notice shall include details of that Outbreak Event; (b) notify the other party as soon reasonably practicable (and in any event no later than two working days) after any Outbreak Event that was preventing or delaying carrying out any of their obligations under these Terms has ceased to have that effect and that notice shall identify the Outbreak Event to which it relates; (c) use all reasonable endeavours to mitigate the effect of any Outbreak Events on the performance of its obligations; and (d) seek to agree an alternative moving date mutually agreed between both parties. 10

 

15. WHOLE AGREEMENT These Terms together with our Quotation are intended to form the whole agreement between the Business and the Customer and shall prevail over any verbal discussions.

 

16. VARIATION 16.1 Except as set out in these Terms, no variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives). 16.2 Any variation shall not invalidate these Terms.

 

17. NOTICES 17.1 Any notice given to a party under or in connection with the Contract shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at the last known residential address (if an individual), the registered office (if a company) or the principal place of business (in any other case); or sent by email. 17.2 Any notice shall be deemed to have been received: (a) if delivered by hand, at the time the notice is left at the proper address; (b) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second working day after posting; or (c) if sent by email at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 16(C), business hours mean 9.00 am to 5.00 pm Monday to Friday on a day that is not a public holiday in the place of receipt. 17.3 This clause 17 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

 

18. LIST OF GOODS (INVENTORY) OR RECEIPT 18.1 Where we produce a list of the 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 within a reasonable period agreed between us, notifying us of any errors or omissions.

 

19. REVISION OF STORAGE CHARGES We review our storage charges periodically. You will be given 30 days’ notice in writing of any increases. 11

 

20. TERMINATION If payments are up to date, we will not end the Contract except by giving you three months’ notice in writing. If you wish to terminate your storage contract, you must give us at least 10 working days’ notice (working days are defined in Clause 17 above). If we can release the Goods earlier, we will do so, provided that your account is paid up to date. Charges for storage are payable to the date when the notice should have taken effect.

 

21. GOVERNING LAW The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

 

22. JURISDICTION Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.