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TERMS & CONDITIONS
The terms and conditions outlined in this Agreement clarify the rights, obligations, and responsibilities of all parties involved. The terms 'You' or 'Your' refer to the Customer, while 'We', 'Us', or 'Our' refer to the Remover (TRSL). The terms and conditions may be altered or modified with the Agreement of all parties involved, provided that it is done in writing beforehand. Our liability for loss and damage is limited or excluded in Clauses 8, 9, 10, and 11.
We advise you to get insurance to protect your expensive items or premises, either through our company or a third-party provider. We can offer insurance for your advantage upon request, as specified in clause 8.2.
1. Quotation
1.1 Our Quotation includes Value Added Tax (VAT) but does not cover cancellation/postponement waivers, customs duties, port costs (including demurrage), inspections, or any fees or taxes payable to government organisations or agencies unless otherwise specified.
1.2 Our Quotation remains valid for twenty-eight days from the day it was issued. Unless explicitly stated in our Quotation, additional charges will be incurred in the following circumstances:
1.2.1 If the job does not start within twenty-eight days of being accepted.
1.2.2 If we have provided you with a price that includes redelivery from the exact place in our Quotation, and the redelivery has not occurred within six months from the date of the Quotation.
1.2.3 Our expenses are subject to variations due to currency fluctuations, alterations in taxation, freight charges, fuel costs, congestions and ferry or toll charges beyond our control.
1.2.4 We provide services on weekdays, weekends, public holidays, or during hours beyond the typical range of 08.00-20.00hrs, as per your request.
1.2.5 We are required to gather or transport items as per your request on the basement, ground floor or floors above the first floor and the first floor above it. The man-hire charges differ for each floor, with only access to the staircase. In this case, the available lift service will incur reduced costs.
1.2.6 If you or your representatives request the retrieval or entry of your belongings while they are being stored.
1.2.7 We provide supplementary services, such as transporting or storing additional items (these conditions apply to such tasks).
1.2.8 The entry or exit points of the premises, including stairs, elevators, or doorways, are insufficient for the unobstructed movement of goods without machinery or structural modifications. Additionally, the access road or driveway is unsuitable for our vehicles to load and unload within a 20-meter from the doorway.
1.2.9 In order to perform services on your behalf, we are required to pay parking or other fees or penalties, including fines, if you have not made arrangements to suspend parking restrictions. Under this Agreement, parking fines resulting from Our fault are not considered fees or charges, and You are not obligated to pay them.
1.2.10 Delays or circumstances beyond our control may occur, resulting in an increase or extension of the resources or time required to accomplish the agreed task.
1.2.11 We mutually consent in written form to raise the maximum amount of responsibility specified in Clause 8.1 & 8.2 before the commencement of the task.
1.3 You are obligated to cover any reasonable expenses resulting from the aforementioned situations.
2. Any additional tasks or responsibilities are not included in the Quotation..
2.1 We shall not undertake any action unless we have explicitly approved it in written form via e-mail or text messages.
2.1.1 Perform the act of disassembling or assembling furniture of any type.
2.1.2 Perform the actions of disconnecting, reconnecting, dismantling, or reassembling appliances, fixtures, fittings, or equipment.
2.1.3 Install or remove fitted floor coverings.
2.1.4 Transfer objects from a loft only if it is well-illuminated, has a solid floor, and offer secure entry.
2.1.5 Remove or reinstall curtains, blinds, or other window coverings.
2.1.6 Relocate or place in the van storage of any objects that are not covered by the provisions stated in Clause 4.
2.1.7 Disassemble or assemble garden furniture and equipment, such as sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or relocate paving slabs, planters, and similar items.
2.1.8 Perform any tasks that our removal personnel are not permitted or qualified to perform, which could potentially result in damage.
3. Your duty
3.1 You will be solely responsible for:
3.1.1 Please inform us in writing about the value of the goods that are being taken away or stored in our van. Alternatively, you can arrange suitable insurance coverage for the goods that are being transported or stored to protect against any risks that can be insured. This is necessary because our responsibility is limited according to clause 8.1 unless you specifically ask us to assume standard liability and provide a detailed list of the value of the items, as described in clause 8.2.
3.1.2 You are responsible for acquiring, at your own cost, all the relevant documentation, permits, permissions, licences, and customs documents required to complete the removal process.
3.1.3 You are responsible for covering any parking or metre suspension fees we may incur while performing the work.
3.1.4 Ensure presence or representation during the collection and delivery process of the removal.
3.1.5 When we give you inventories, receipts, waybills, job sheets, or other important papers, you must make sure that you or your authorised representative sign them to acknowledge the collection or delivery of the goods.
3.1.6 Make sure to take appropriate measures to guarantee that no items that should be removed are left behind, and no items are mistakenly taken away.
3.1.7 Ensure adequate safeguards are in place for products left in vacant or unattended premises or the presence of other individuals such as tenants or workforces.
3.1.8 Ensure proper preparation and stabilisation of all appliances or electronic equipment before removing them.
3.1.9 Ensure that refrigerators and deep freezers are empty, defrosted, and cleaned thoroughly. We do not bear any responsibility for the contents.
3.1.10 Verify that all household and gardening equipment, such as washing machines, dishwashers, hose pipes, and petrol lawnmowers, are thoroughly cleaned and dried, with no remaining fluid residue.
3.1.11 Please inform us with an accurate and current contact address and telephone number while your products are being transported or stored in our van for removal.
3.1.12 Organise suitable transportation, storage, or disposal of goods specified in section 4.
3.2 Except for cases where we are at fault or have violated the contract, We will not be held responsible for any loss, damage, expenses, or additional fees that may occur due to our inability to fulfil these obligations.
4. Items that should not be presented for removal or storage
4.1 Unless explicitly allowed by a director or other authorised representative of the company, the following things are prohibited from being submitted for removal or storage. Under no circumstances will we transport or store these objects. The objects specified under section 4.1.1 below may pose health and safety issues and fire hazards. Items listed from 4.1.2 to 4.1.7 below entail additional risks, and you are responsible for preparing for their transportation and storage inside the van.
4.1.1 Items that have the potential to cause harm, destruction, or explosions, such as petrol bottles, aerosols, paints, guns, and ammunition.
4.1.2 This category includes items such as jewellery, watches, small decorative objects, valuable gemstones or metals, currency, legal documents, financial assets, mobile phones, portable devices for media and computing, stamps, coins, or similar commodities or collections.
4.1.3 Commodities that are prone to attracting, such as rodents or other pests or that may lead to infestation or contamination.
4.1.4 We will promptly inform you in writing if we consider any Goods that are hazardous to health, unclean, unsanitary, or likely to attract vermin or pests. We will specify the conditions under which we would be willing to accept such Goods or if we refuse to take them. If we decline to accept the items, we will not be held responsible for any obligations towards you.
4.1.5 Items that are prone to decay or spoilage or those that necessitate a regulated environment.
4.1.6 All living organisms include mammals, birds, fish, reptiles, and plants.
4.1.7 Commodities that necessitate a particular licence or governmental authorisation for transporting towards export or import purposes.
4.1.8 We shall not, under any circumstances, transport or keep prohibited or stolen products, drugs, or pornographic material.
4.2 In the event that you submit such goods without our knowledge and prior written Agreement, we will not be held responsible for any loss or damage unless it is a result of our negligence or the negligence of our employees or agents. You will be held accountable for any charges, expenses, damages, or penalties claimed against us by third parties.
4.2.1 Furthermore, we have the right to sell (without prior notification) any of these goods.
5. Goods ownership
5.1 Upon entering into this Agreement, you affirm that:
5.1.1 The products that will be taken away and/or stored belong to you and are not subject to any legal claim.
5.1.2 You possess complete authorisation from the owner or any individual with a lawful stake in the subject matter to engage in this Agreement. Furthermore, you have adequately informed the owner about the terms and conditions outlined in this Agreement and obtained their explicit consent.
5.1.3 In the event that someone else becomes interested in the products after this Agreement is implemented and before it is terminated, you must promptly inform us in writing of their name and address.
5.1.4 You are obligated to fully compensate and reimburse us for any claims for damages or costs that are filed against us if either statement stated in 5.1.1 or 5.1.2 is shown to be false.
5.1.5 In the event that you intend to transfer the obligations of this Agreement to a third party, you must inform us in writing, providing us with the complete name and address of such party. We will provide them with a new agreement. The validity of our Agreement with 'You' shall persist until 'We' have obtained a formal agreement from the third party.
6. There are charges incurred if you choose to delay or cancel the removal.
6.1 In the event that you choose to delay or terminate this Agreement, we retain the authority to impose a fair fee for the delay or termination based on the amount of notice provided, as outlined in sections 6.1.1 - 6.1.4. "Working days" refers to the standard workweek from Monday to Friday, excluding weekends and public holidays.
6.1.1 If the removal is cancelled more than five working days before it was scheduled to begin, there will be no fee. Between 2 and 5 working days, including the day the removal was scheduled to start, a maximum of £50 of the cancellation fee is applicable. Within 48 hours of the relocation occurring, the change of location fee will be charged at £20 plus variable charges for that new location estimated.
6.2 Waiver of Cancellation/Postponement Upon receiving payment prior to the start of the services, we will agree to exempt the fees outlined in Clauses 6.1.1, 6.1.2, and 6.1.3. In order for us to waive the charges, we require written notice from you indicating your desire to cancel or postpone no later than 17:00 hours on the working day before services are scheduled to begin. The Cancellation/Postponement charge grants you the right to cancel or postpone your reservation only once.
7. Payments
7.1 Payment must be made partially with cleared money either at the time of booking or within 14 days of the removal or storage period unless we have agreed otherwise in writing. If pre-booking payment is not made, we have the right to refuse to start the process of removal or storage until payment is received.
7.2 In the case of hourly removals, we may ask for the minimum hourly payment to be made before the removals begin in order to confirm the booking. The remaining balance will be collected within 48 hours after the removal is completed. You are obligated to pay the entire agreed sum without any deductions. Payment must be made upon receipt of the invoice.
7.3 We will apply a daily interest rate of 2% per month to any outstanding amounts owed to us after the completion of delivery.
8. Our responsibility for any loss or damage
8.1 The extent of liability is restricted. If you fail to furnish us with a declaration of the value of your items before the start of the job, or if you do not, request us to acknowledge Standard Liability as per Chapter 8.2. If we restrict our obligation, it will be subject to a predetermined maximum amount for each individual item. The extent of our legal responsibility that we assume in this Agreement is indicated by the fees we charge for the work. If you desire for us to raise our liability limit per item, you must consent to pay a higher fee for the service, as specified in Condition 1.2.11 (Our Quotation).
8.1.1 Unless explicitly stated in a written agreement, we will compensate you with a maximum of £5000 that is lost or damaged due to our carelessness or violation of the contract. The compensation will be based on the cost of repairing or replacing the item, whichever is lower.
8.1.2 We have the option to either repair or replace the item that has been damaged or lost. Nevertheless, in the event that we want to repair the item, we shall not assume responsibility for any decrease in its value.
8.1.3 For products that are intended for or acquired from a location outside of the United Kingdom:
8.1.3.1 We will alone assume responsibility for any loss or damage.
(a) Resulting from Our negligence or violation of the contract while the items are in Our actual control,
(b) If it is proven that the loss or damage to the products occurred while they were in the ownership of others, and this loss or damage was caused by our failure to pack the goods adequately, as agreed upon in the contract, then we are responsible for the claim. 8.1.3.2 When we hire an international transport operator, shipping company, or airline to transfer your goods to the designated place, port, or airport of arrival, we act as your representative and follow the terms and conditions specified by the carrier.
8.1.4 In this Agreement, an item is defined as:
8.1.4.1 The complete contents of a box, parcel, package, carton, or other similar container.
8.1.4.2 Any additional item or entity that is transported, manipulated, or stored by our organisation.
8.2 Standard Liability refers to the level of legal responsibility that is considered to be normal or expected in a given situation. We own a comprehensive "Goods in Transit" insurance policy that provides coverage for all potential risks of physical loss or damage to goods while in transit inside the United Kingdom. This policy can be modified to include coverage for our clients' goods. Kindly inform us of the valuation of your merchandise for insurance purposes, and we will furnish you with a removal quotation that includes an insurance option. Kindly be aware that this insurance has been exclusively organised in the name of our organisation. As a customer, you will not possess any legally binding entitlements under our insurance policy. If you furnish us with a signed statement stating the value of your products before the start of transportation and consent to an extra fee, our liability towards you will be determined as follows:
8.2.1 If we are responsible for any loss or damage due to our negligence or failure to fulfil our Agreement, we will be liable to you for the cost of repairing or replacing the goods, whichever is lower.
8.2.2 The assessment of the valuables' cost will consider the age and condition of the goods before the loss or damage occurred. However, our liability is limited to a maximum of £5,000 unless we have agreed to a higher amount with you by arranging additional high-value goods insurance.
8.2.3 In cases where a lost or damaged item is part of a pair or set, our liability to you is determined by the cost of replacing that specific item alone rather than the cost of the item as part of a pair or set.
8.2.4 If you intentionally make a false or fraudulent claim, whether it is about the amount or any other aspect, this insurance policy will be invalidated, and all claims made under it will be lost.
8.2.5 As per the policy conditions, we are not liable for the initial £250 of any claim for loss or damage covered by this insurance.
8.2.6 Any claims related to removals and storage contracts in Great Britain must be reported to the remover on the day the property is delivered, regardless of whether it is unpacked or not.
8.3 The liability mentioned in paragraphs 8.1 and 8.2 is specifically subject to any other exemptions mentioned elsewhere in this Agreement.
9. The infliction of harm or destruction upon buildings or possessions, excluding merchandise.
9.1 Due to the frequent presence of third-party contractors or others during collection or delivery, it is sometimes difficult to determine the person liable for any loss or damage. Hence, our obligation is restricted in the following manner:
9.1.1 In the event that we are responsible for causing harm or destruction to a location or property, excluding products intended for relocation, due to our carelessness or violation of the contract, our liability will be restricted to repairing the affected area exclusively. 9.1.2 We will not be held responsible for any harm that occurs when we move items according to your specific instructions, even if we advise against it and believe that moving the goods in the recommended manner is likely to cause damage.
9.1.3 In the event that we are accountable for any harm caused to your property or premises, excluding the goods that were entrusted to us for removal or storage, it is imperative that you promptly record this on the worksheet or delivery receipt. This should be done as soon as the damage is noticed or discovered, or at the very least within a reasonable timeframe. This is a crucial aspect of the Agreement.
10. Limitations of liability
10.1 Our liability for loss or damage resulting from fire or explosion is limited to cases where we have acted negligently or violated the terms of the contract. Ensuring the safety of your goods is your duty. If you request us in written form to arrange insurance coverage for you, we will do so on the condition that you disclose the complete value of your goods and pay the payment in advance.
10.2 We shall not be held responsible for any loss, damage, or inability to generate the specified goods:
10.2.1 This category includes bonds, securities, stamps, manuscripts, documents, electronically held data records, and mobile telephones.
10.2.2 Plants or items that are likely to attract rodents or other pests or cause infestation or contamination.
10.2.3 Perishable items and/or items that need a controlled atmosphere.
10.2.4 Items that are not allowed to be transported include furs valued at more than £100, jewellery, watches, precious stones and metals, money, coins, and deeds.
10.2.5 All animals, birds, or fish.
10.3 We will not be held responsible for any delays or failures to provide the services specified in this Agreement due to circumstances beyond our control, such as war, invasion, acts of foreign enemies, hostilities (whether war is officially declared or not), civil war, terrorism, rebellion and/or military coup, natural disasters, severe weather conditions, third party industrial action, changes in sailing schedules, departure or arrival times, port congestion, or any other events that are outside of our reasonable control.
10.4 Except for instances where we are at fault or have violated the terms of the contract, we will not be held responsible for any loss, damage, or inability to provide the goods due to:
10.4.1 Excluded damages include those resulting from normal wear and tear, gradual degradation, leakage or evaporation, as well as damages caused by perishable or unstable items. This encompasses items that are left inside furniture or appliances.
10.4.2 Infestation by moths, vermin, or similar pests.
10.4.3 Cleaning, repairing, or restoring is only allowed if We have made arrangements for the work to be done.
10.4.4 Alterations resulting from climatic circumstances, such as moisture, mould, mildew, rust, tarnish, corrosion, or progressive decay, unless the entry of water directly causes them.
10.4.5 We are not responsible for any goods stored in closets, drawers, appliances, or containers that were not packed or unpacked by us, unless the damage was caused by a significant accident involving the transportation.
10.4.6 This warranty does not cover any electrical or mechanical malfunction of appliances, instruments, clocks, computers, or other equipment, unless there is visible external damage that is directly attributable to the malfunction.
10.4.7 Pertaining to things that possess a pre-existing flaw or are fundamentally defective. 10.4.8 Pertaining to things that are likely to decay or spoil and/or those that necessitate a regulated environment.
10.4.9 Assembling furniture made from particle board deteriorates due to the crumbling of the board, leading to a loss of its structural stability if there are no details or text provided.
10.4.10 Pertaining to objects mentioned in Clause 4.
10.5 Under the terms of this Agreement, no employee of ours will be individually responsible to you for any loss, damage, mis-delivery, errors, or omissions.
10.6 Our liability ends when we deliver the goods to you or your approved representative, as stated in Clause 11.1 below.
10.7 We shall not be held responsible for any loss or harm resulting from our actions or the actions of our employees or agents under the following circumstances:
10.7.1 Neither we nor any of our employees or agents have violated this Agreement.
10.7.2 Such loss or harm is not a foreseeable consequence of any breach.
11. Claims must be submitted within a specified time frame.
11.1 In the event that you or your authorised representative retrieve the products, we must be informed in written form of any loss or damage at the moment the goods are transferred to you or your agent or as soon as reasonably feasible.
11.2 In the case of products that 'We' provide, it is necessary for 'You' to provide 'Us' with a written notice containing specific details of any loss or damage made by Us within the day of the delivery. Upon receiving your written request within the day of delivery, we may agree to extend this time restriction. Approval for such a request will be given unless there is a valid basis to refuse.
12. There were 12 instances of delays during transportation.
12.1 Except for instances when we are at fault due to carelessness or contract violation, we will not be held responsible for any delays during transportation.
12.2 If we cannot deliver your products due to circumstances beyond our control, we shall store them. Upon completion of the Agreement, any supplementary service(s), such as storage and delivery, shall be incurred at your own cost.
12.3 The transit times we provided are approximate and determined based on the information available to us. Transit duration may fluctuate owing to several circumstances beyond our jurisdiction, such as alterations in sailing or departure dates implemented by the freight/shipping company, modifications in the routes employed by the freight/shipping company, and congestion at ports. We will promptly notify you of any significant alterations to the transit times as we are informed. Unless caused by our negligence or breach of contract, we are not responsible for any loss or damage you may experience due to delays in transit time.
13. The Legal Right to Retain Possession of the Goods (lien)
A "lien" is the legal entitlement of the remover to retain possession of goods until the consumer has settled all due charges. If you fail to pay the charges and any other payments due under this or any additional Agreement, we have the authority to retain and ultimately sell any or all of the items. (Refer to Clause 22 for further information). These encompass any expenses that We have disbursed on Your behalf. During the time that you possess the goods, you will be responsible for paying all fees related to storage and other expenses (including legal fees) that we reasonably expend in order to collect our charges and enforce our right to retain the items. The terms and conditions will remain in effect.
14 Conflicts
In the event of a disagreement originating from this Agreement, and if the disagreement cannot be addressed after a thorough examination of the circumstances by the company's management, the matter will be pursued through legal processes, taking into account the restrictions outlined in clause 18.
15. Our prerogative to outsource the task.
15.1 We retain the prerogative to delegate a portion or the entirety of the tasks to a third party. If we engage in sub-contracting, these conditions will remain applicable.
16. Route and method
16.1 We possess the authority to select the technique and path for executing the task, as well as the storage location.
16.2 Unless explicitly stated in writing in our Quotation, any additional space/volume/capacity on our vehicles and/or containers may be used for shipments from other customers.
17. Tips and Guidance for International Relocations
We will make every effort to supply you with current information to help you with the import/export of your goods. The offered information regarding national or regional laws and regulations, which are subject to change and interpretation, is given in good faith and is based on current known circumstances. It is incumbent upon you to actively seek suitable counsel in order to confirm the veracity of any material provided.
18 Jurisdictional legislation
The resolution of any disagreement between us shall be subject to the non-exclusive legal framework and authority of the English or Scottish Courts. Suppose you live or plan to move to a location beyond the jurisdiction of the Courts of the United Kingdom. In that case, different laws or the jurisdiction of local courts may apply, but only if we have agreed to it in writing before starting the work or providing the services.
19. Please provide your new address for correspondence.
19.1 In the event that you request us to keep your items, it is imperative that you furnish us with an accurate and current address and telephone number. Furthermore, it would help if you promptly informed us of any changes to this information. Any communication or notifications will be deemed received by you seven days after being sent via first-class mail to your most recent address on record with us.
19.2 In the event that you fail to provide an address or fail to react to our communication or notifications, we reserve the right to publish these notifications in a publicly circulated newspaper within the relevant geographical area from which the items were transported. The notice will be deemed received by you seven days after the newspaper's publishing date. Please be aware that if we are unable to reach you, we reserve the right to impose any expenses associated with determining your whereabouts.
20. Inventory or receipt of goods
Suppose we provide you with a list of your products (inventory) or a receipt and send it to you. In that case, it will be considered correct unless you notify us of any errors or omissions within ten days of the date of our sending or a mutually agreed acceptable period.
21. We do not have storage facilities, but they can be arranged with a third party if requested.
22. Our entitlement to vend or discard the merchandise
If you fail to pay the charges for your products, and after giving you a three-month warning, we have the right to demand that you take your goods out of our possession and settle all outstanding payments owed to us. In the event that you do not fulfil your obligation to pay the full amount owed to us, we have the right to sell or dispose of some or all of the products without providing any additional notice. You will be responsible for bearing the expense of the sale or disposal. The remaining funds will be added to your account, and any excess amount will be paid to you without any additional interest. In the event that the entire outstanding balance is not received, we may pursue the recovery of the remaining amount from you.
23. Condition Termination period
Unless payments are current, we will terminate this contract only after providing written notice of three months. To complete your storage contract, you are required to provide us with a minimum of 10 working days' notice, as outlined in Clause 6. Should we have the opportunity to release the products ahead of schedule, we will do so on the condition that your account is fully settled. Payment for storage fees is required until the day when the notice should have been implemented.
tasremoval.co.uk
37 Blaney Crescent, Newham, London, E6 6BB, United Kingdom
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