These conditions set out the terms of the agreement between the Yanchuks Removals (“the Contractor”) and you (“the Customer”) and explain your rights and obligations and responsibilities and those of the Contractor.
1. INTERPRETATION
- Any reference in these conditions to “we” or “us” is a reference to the Contractor.
- Any reference in these conditions to “you” is a reference to the Customer.
- “quotation” means our formal document setting out the quotation cost of your removal.
- “goods” means all furniture and other effects which are to be the subject of the services.
- “service” means the whole of the work to be undertaken by us in connection with the goods including storage (if applicable).
- “agreement” means the contract between you and us for the supply of the services in accordance with these conditions, including the acceptance and quotation and any relevant schedules.
- “sub-contractor” means any person other than one of our employees who, under any agreement or arrangement with us (whether directly or indirectly) performs or agrees to perform the whole or any part of the services.
2. QUOTATIONS
- Quotations do not include any other customs duties levies or fees payable to Government or other Statutory Bodies and all such duties or fees (if any) will be payable by you in addition to the quoted price.
- Although we quote a fixed price, we reserve the right to amend it or make additional charges if any of the following have not been considered when preparing the quotation:
- Any changes in taxation, freight, fuel, ferry or toll charges beyond our control;
- We have to collect or deliver goods above the ground floor and first upper floor;
- We supply any additional services such as the moving or storage of further items, packaging and packaging materials, dismantling and reassembling;
- There are delays and events outside our reasonable control which impact the resources or timescales initially allowed to carry out the move;
- Access to the collection or delivery point is inadequate or the approach is unsuitable for our vehicles; or
- Any parking or other fees or charges that we have to incur and pay in order to carry out the services you require.
- You are in full agreement that you will be liable for any reasonable charges arising because of any of the above circumstances.
- All pricing in our quotation is in pounds sterling unless otherwise indicated.
Our quotation is valid for fifteen days from the issue date unless agreed otherwise.
3. SERVICES
- In providing the service, we undertake to use the required knowledge, behaviours and skill essential for the service, and to ensure that all materials we use are of satisfactory quality and are fit for purpose.
- We comply with all applicable laws and regulations in force.
- We have no liability to you if such compliance results in any breach of our responsibilities contained within the agreement; and
- We take due care of all goods whilst in our possession.
4. CUSTOMER`S RESPONSIBILITY
It is your sole responsibility to:
- Be present yourself 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 wrong room;
- Prepare adequately and stabilise all appliances prior to their removal. Other than by reason of our negligence we will not be liable for any loss or damage, costs or additional charges that may arise from any of these matters;
- Ensure that the fridge freezer, deep freezers are defrosted before transportation;
- Provide us with a correct and up to date contact address and telephone number during removal transit and/or storage of goods;
- Ensure that the goods or items you have packed are packed properly as the items packed by yourself are not covered under our insurance;
- Other than by reason of our negligence or breach of agreement, we will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.
5. FURNITURE DISMANTLING AND REASSEMBLING
We can dismantle and rebuild furniture if the furniture is designed to do so and in a condition that allows this to happen. This must be agreed to do so prior to the move.
6. OWNERSHIP OF THE GOODS
- By entering into this agreement you confirm to us that:
- The goods are your own property; or
- You have the authority of the owner of the property to make this agreement in respect of the goods.
- You will be responsible to pay for any claim for damages and/or costs against either of the above if this proves to be untrue.
7. ITEMS WE WILL NOT MOVE
Dangerous chemicals or hazardous substances, toxic waste, paint tins and gas bottles. Live animals, firearms, drugs or any other illegal goods.
8. PROVISIONAL BOOKINGS
We can provisionally book you in so we can easily access your information and move your moving date around if needed with ease. A provisional booking is not a confirmed booking. We will do our best to advise if availability is running out for a date that might be provisionally booked. A provisional booking is not a guaranteed booking.
9. PAYMENT
- Unless otherwise agreed a minimum deposit of 50% of the removal cost is payable upon acceptance of our quotation.
- Unless otherwise agreed the balance of the removal cost must be received by us and payment cleared at least three days before the removal is due to take place.
- If you fail to make such payment, we reserve the right to refuse to undertake the removal or offer storage until such payment is received.
- You may not withhold any part of monies due because of any claim you may wish to make against us.If you have not paid within the agreed terms, we will be entitled to charge interest on all overdue sums on a daily basis, calculated at 5% plus the prevailing Bank of England base rate.
- We will also be entitled to recover all our reasonable costs that may be incurred by us to recover such outstanding amounts (e.g. Debt collection fees, court costs, solicitor fees, etc.).
10. CANCELLATION/POSTPONEMENT
- If a date for the services is agreed upon in the quotation and you require for date to be postponed or cancelled or the goods are not available on that date, we will be entitled to charge a reasonable postponement or cancellation fee, dependent on the notice received.
- The fees are as follows for postponement/cancellation notice received:
- More than seven days before the services were due to start – no charge.
- Less than seven days inclusive before the services were due to start – 30 % of the charges.
- Less than three days before the removal was due to start – 50% of the charges.
- Within twenty-four hours of the move taking place – 100% of our charges.
11. DELAYS IN TRANSIT
- Unless we give a specifically agreed written timescale then arrival and departure times are an estimate only.
- Transit times may vary due to a number of prevalent factors outside our control including but not limited to industrial disputes, weather, traffic and road conditions, changes in sailing or departure dates made by the ferry/freight company, changes in the routes used by the ferry/freight company and port congestion.
- We will advise you of any material changes to the collection/delivery/ transit times as soon as we become aware.
- We will not be liable for any loss or damage incurred by you as a result of delays in transit time unless directly attributable to our negligence or breach of agreement.
- We shall not be bound to deliver the goods except to you or your authorised person. If we cannot deliver the goods either because there is no authorised person there to receive them on our arrival, or because we cannot gain access to the premises, or for any other reason beyond our control or if we are prevented from or delayed in undertaking the removal or any part thereof (except where that prevention or delay results from a factor within our control), we will be entitled to unload the goods into a warehouse or storage facility, and will be entitled to charge an additional amount for storage and for the subsequent re-delivery of the goods.
- If we cannot deliver the goods or there are delays in delivery, we will contact you to ascertain whether you have any alternative instructions and if so, we will carry out those instructions if reasonably practicable. We will be entitled to make a reasonable additional charge for any additional work or costs thereby required or entailed.
- The agreement will then be considered satisfied and any additional service(s), including the reasonable cost of storage and redelivery, will be borne by you.
12. ROUTE AND METHOD OF REMOVAL
We shall be entitled to carry, or arrange for the transportation of the goods by any reasonable route, having given due regard to all the circumstances including, but not limited to, the nature and destination of any other goods being carried on or in the conveying vehicle.
We reserve the right to select the most appropriate storage facility if required.
13. SUB-CONTRACTING THE WORK
We reserve the right to sub-contract some or all the removal for which we have provided a quotation without reference to you and if we do so, then these terms and conditions will prevail.
14. PUBLIC LIABILITY INSURANCE
We are covered up to 2 million pounds sterling.
15. NOTIFICATION OF LOSS OR DAMAGE
You must give us detailed notice in writing of any loss and damage within seven days of delivery by us.
16. DISPUTES
If there is a dispute arising from this agreement which cannot be resolved, subject to the agreement of both parties, either you or we may refer the dispute to an arbitrator appointed by the Chartered Institute of Arbitrators. The cost of any such arbitration will be at the discretion of the arbitrator. This does not prejudice your statutory right to commence court proceedings.
17. WHOLE AGREEMENT
All terms and conditions together with our quotation are intended to form the whole agreement between us and to prevail over any verbal discussions. Should we mutually agree to any variation of these terms such variation should be confirmed in writing. Any variation however agreed shall never invalidate the remainder of these terms and conditions.
18. JURISDICTION
This agreement is subject to the laws of England and Wales.