Terms and Conditions
These Conditions explain your rights, obligations and responsibilities, and those of the removal or storage contractor. A contract is a two-way arrangement and it is important that everyone knows where they stand. Where we use the word you, it means the customer, we or us means the contractor named on the front of this contract. These conditions can only be changed or amended by written agreement between you the customer and us the contractor.
Our liability for loss or damage is limited (in this connection please pay special attention to clause 8). For this reason we have included removals insurance in our quotation/estimate. Insurance is a separate contract between you and the insurers and the insurance conditions are separate from our conditions of contract. If you want us to carry out any service or move goods, which are specifically excluded by these conditions, you must have our written agreement before signing this contract.
1. OUR QUOTATION/ESTIMATE
Our quotation/estimate does not include customs duties, taxes, fees or other duties payable to government bodies. Although it is a fixed price we may change it or make additional charges if any of the following have not been taken into account when preparing the quotation/estimate:
- You do not accept it within 28 days.
- If by your delay the work is not carried out or completed within 3 months.
- Our cost increases because of currency fluctuations or changes in taxation or freight charges beyond our control.
- We have to collect or deliver goods above a second floor.
- We supply any additional services, including moving or storing extra goods. (These conditions also apply to such work).
- There are delays or events outside our control.
- The work is carried out on a Saturday, Sunday or Public Holiday at your request.
- The 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 and or containers to load and/or unload within 50 metres of the doorway, and this means we have to do extra work.
- Any parking or other fees or charges that we have to pay to carry out services on your behalf.
In all these circumstances you will pay the extra charges.
2. WORK NOT INCLUDED IN THE QUOTATION/ESTIMATE
Unless agreed in writing we will not: -
- Dismantle or assemble unit or system furniture (flat pack) fixtures or fittings
- Disconnect or reconnect appliances, fixtures, fittings or equipment.
- Take up or lay fitted floor coverings.
- Move storage heaters unless they are dismantled.
- Move items from a loft unless properly lit and floored, and safe access is provided.
- Remove dismantle or assemble sheds, swings, climbing frames or any other garden ornaments or fittings.
- Move or store any items excluded under clause 5.
Our staff are not authorised or qualified to carry out such work. We recommend that a properly qualified person is separately employed by you to carry these services. If any of our staff does this kind of work for you without our written agreement we will not be liable for any loss or damage occasioned of whatsoever nature and howsoever caused.
3. YOUR RESPONSIBILITY DURING REMOVAL
It will be your responsibility to : -
- Declare to us the value of the goods being removed and/or stored.
- Arrange adequate insurance cover and pay at your own expense for full replacement value for the goods submitted for removal transit and/or storage, against all insurable risks.
- Obtain at your own expense all documents, permits, licences, customs documents necessary for the removal to be completed.
- Be present or represented throughout the move.
- Ensure that nothing is taken away in error or left behind.
- Arrange proper protection for goods left in unoccupied or unattended premises or where other people such as (but not limited to ) tenants or workmen are, or will be present.
- Prepare adequately and stabilise all appliances and electronic equipment prior to their removal.
- Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
- Provide us with a contact address for correspondence during removal transit and/or storage.
We will not be liable for any damage, costs or additional charges that may arise from your failure of any of these matters.
4. OWNERSHIP OF THE GOODS
By entering into this contract you declare that:-
- The goods to be removed and/or stored are your own property
- You have the unconditional authority as agent of the owner of the property to make this contract on their behalf in respect of the goods to be moved or stored, and that he/she have been made aware of these conditions and have agreed to be bound by them.
- You will meet any claim for damages and/or costs against us if these declarations are not true. You agree to indemnify us and keep us indemnified against any claims or actions if these declarations and warranties are not true.
5. GOODS NOT TO BE SUBMITTED FOR REMOVAL OR STORAGE.
The following items are specifically excluded from this contract and shall not be presented to us for removal and/or storage.
- Jewellery, watches, trinkets, precious stones or metals, money deeds, securities, stamps, coins or goods or collections of a similar kind.
- Prohibited or stolen goods, drugs, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
- Plants or goods likely to encourage vermin or other pests or to cause infection.
- Refrigerated or frozen food or drink.
- Any animals and their cages or tanks including pets, birds or fish.
- Jewellery, watches, trinkets, precious stones or metals, money deeds, securities, stamps, coins or goods or collections of a similar kind.
- Prohibited or stolen goods, drugs, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
- Plants or goods likely to encourage vermin or other pests or to cause infection.
- Refrigerated or frozen food or drink.
- Any animals and their cages or tanks including pets, birds or fish.
In the event that we remove such goods, we will not accept any responsibility for the loss or damage. In addition we shall be entitled to dispose of (without notice) any such goods which are listed under paragraphs 5B, 5C or 5D.
6. POSTPONEMENT/CANCELLATION
If you postpone or cancel this contract we may charge you according to how much notice is given as follows:
- More than 14 days before the removal was due to start. Nil.
- Less than 14 days but more than 8 days before the removal was due to start then 25% of the removal charge.
- Less than 8 days but more than 3 days before the removal was due to start 35% of the removal charge.
- Less than 3 days before the removal was due to start 60% of the removal charge.
7. PAYMENT FOR THE REMOVAL
Unless otherwise agreed by us in writing.
- Payment is required, by cleared funds in advance of the removal or storage period.
- You may not withhold any part of the agreed price.
- In respect of all sums which are overdue to us, we will charge interest calculated at 1.5% per month accruing on a daily basis.
8. OUR LIABILITY FOR LOSS OR DAMAGE
If we are liable for losing or damaging or failing to deliver your goods, our liability will be limited to a maximum payment in proportion to Euro € 200.00 per cubic metre of the volume of the item lost or damaged even if it forms part of a pair or set. We may choose to repair or replace the damaged item. If an item is repaired we are not liable for depreciation in value. We shall not be liable for loss or damage resulting from:
- By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, acts of God, industrial action or other such events outside our control.
- By normal wear and tear, natural or gradual deterioration, leakage or evaporation, or from perishable or unstable goods, or atmospheric or climatic changes.
- By moth or vermin or similar infestation.
- Consequential loss of any kind or description.
- Any goods not packed or unpacked by us.
- Items which are brittle or have an inherent defect, contents of deep freezers, the mechanism in clockwork, electronic or motor driven goods (unless there are outward signs and visible signs of impact damage) sensitive equipment or self-assembled, regardless of who built it originally or for self assembled furniture which is not suitable for transporting.
- Items left inside cupboards or other furniture.
- Fixtures, fittings, property or goods damaged as a result of difficult access.
- Goods received by a third party in an unknown condition.
- Any items referred to in clause 5
- By fire however caused
9. DELAYS IN TRANSIT
If we do not keep to an agreed written time schedule and the delay is within our reasonable control we will pay you reasonable expenses up to a maximum of Euro € 100.00. If through no fault of ours we are unable to deliver your goods, we will then take them into store. The contract will be fulfilled and any additional service(s), including storage and delivery, will be at y our expense.
10. DAMAGE TO PREMISES OR PROPERTY OTHER THAN GOODS.
If we cause damage as a result of moving goods under your express instructions against our advice, and where to move the goods in the manner instructed will inevitably cause damage, we shall not accept liability.
If we are responsible for causing damage to your premises or to property, you must note this on the collection/delivery docket. This is essential to the contract. Our maximum liability in respect of any damage shall be limited to the reasonable cost of repair
11. TIME LIMITS FOR CLAIMS
We will not be liable for any loss or damage to any goods unless:
- Any claim for loss or damage to goods which you or your agent collect from us is notified to us in writing at the time of collection.
- For goods which we deliver, you must note any visible loss, damage or failure to produce any goods at the time of delivery.
- You notify us in writing if any loss of or damage to the goods within 7 days of their delivery by us to their destination.
- The time limits referred to in clauses 11A, 11B and 11C above shall be essential to the contract.
- Upon your written request we may at our discretion agree to extend your time for compliance with clause 11C, provided your request is received within the time limits provided for and subject to this proviso we will not unreasonably refuse such request.
12. OUR RIGHT TO HOLD GOODS (LIEN)
We shall have a right to withhold or ultimately dispose of some or all goods until you have paid all our charges and other payments due under the 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 by withholding your goods and these terms and conditions shall continue to apply.
13. OUR RIGHT TO SELL OR DISPOSE OF GOODS
On giving you 28 days notice we are entitled to require you remove your goods from our custody and pay all money due to us. If you fail to pay all outstanding debts due to us we are entitled to sell or dispose of some or all the goods 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.
14. DISPUTES
If there is a dispute arising from this agreement which cannot be resolved, either you or we, may refer it to an independent Arbitrator to be governed by the Arbitration Acts 1954 to 1980 as amended and to be appointed by the President for the time being of the incorporate. Law Society of Ireland. This shall not prejudice your or our rights.
15. CLAIMS AGAINST US
Where these are made by third parties (people other than you) in respect of the goods or the service provided by us, you will be liable to pay and indemnify us against any charges, expenses or penalties claimed against us unless you can prove that we were responsible.
16. ROUTE AND METHOD
- We may at any time, interchange the goods between vehicles and warehouses and may also decide as to which route or by which means the goods shall be carried.
- Unless it has been specifically agreed in writing on our quotation, other space/volume/capacity on our vehicle and/or container may be utilised for consignments of other customers.
17. OUR RIGHT TO SUBCONTRACT
- We reserve the right to sub-contract some or all of the work.
- If we sub-contract, then these conditions will still apply.
18. ADVICE AND INFORMATION
Advice and information in whatever form it may be given is provided by us for you only. Any oral advise given without special arrangement is provided gratuitously and without contractual liability.
19. WHERE THE LAW APPLIES
This contract is subject to Irish Law and the exclusive jurisdiction of the Irish Courts.
EXTRA CONDITIONS THAT APPLY TO THE STORAGE OF GOODS
20. YOUR FORWARDING ADDRESS
- If you send goods to be stored you must provide a forwarding address and notify us in writing if it changes. All correspondence and notices will be considered to have been received by you seven days after posting it to your last address recorded by us.
- 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 goods were removed and you shall be responsible for such expenses or costs arising.
21. INVENTORY
- 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 seven days of receiving it, notifying us of any errors or omissions.
- No claim shall be made in respect of any items not described in the inventory or receipt.
22. PAYMENT
Storage charges are payable three months in advance whether requested or not. All charges including removal charges must be paid in full in accordance with clause 7 before the goods may be taken out of store.
23. REVISION OF STORAGE CHARGES
We review our storage charges periodically. You will be given 28 days notice in writing of any increase giving reason for the increase.
24. TERMINATION
If your payments are up to date we will not end this storage contract except by giving you three calendar months notice in writing. If you wish to terminate your storage contract, you must give us at least 14 days notice. If we can release the goods earlier we will do so, provided that your account is up to date.
25. HANDLING CHARGES
If you choose someone else to delivery your goods into our warehouse or collection from our warehouse we are entitled to make a charge for handling in or out of store. Our liability will cease upon handing over the goods.
26. INTEREST AND LATE PAYMENT OF INVOICE
Interest at the rate of 20 per cent per annum, calculated on a daily basis, may be charged by us to you on any invoice that remains unpaid for more than 28 days from the date of such invoice.