Terms and Conditions

Terms and Conditions

These conditions set out the terms of the contract between L Rose Man & Van (“the Contractor”) and you (“the Customer”) and explain your rights and obligations and responsibilities and those of the Contractor.

Interpretation

1.1 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.

Any reference to “Insurance Option” is to the Insurance Option set out in Clause 9A.

“Goods” means the goods being removed and/or stored.

Quotations

2.1 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.

2.2 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 taken into account when preparing the quotation:-

2.2.1 If due to any circumstances outside our control the work is not carried out or completed within 2 months of the quotation date

2.2.2 Our costs increase as a result of currency fluctuations or changes in taxation or freight charges beyond our control

2.2.3 We have to collect or deliver Goods above the first upper floor

2.2.4 We supply any additional services

2.2.5 There are delays outside our reasonable control in which event we will make additional charges calculated in accordance with our standard rates applicable at the time.

2.2.6 Access to the collection or delivery point is inadequate or the approach is unsuitable for our vehicles.

2.2.7 Any parking or other fees or charges that we have to incur and pay in order to carry out the services you require. In all these circumstances you will be responsible for the extra charges.

2.3 A waiting time charge of £50 per hour will be charged for every hour we are waiting to unload or waiting for access to your new property (we will only charge this after the 1st hour of waiting and all waiting time will be rounded up to the next hour)

2.4 Our quotation is not a guarantee that we have vehicles available on the day you require. Accordingly, 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 one working day of our receipt of your acceptance of our quotation.

2.5 We agree in writing to increase our limit of liability set out in Clause 9.1.1 prior to the work commencing.

2.6 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 meters of the doorway.

Work excluded from our quotations

Unless previously agreed in the accepted quote we will not: –

3.1 Dismantle or assemble unit-furniture (flat-pack), fittings or fitments (and in any event these works will not be covered by any insurance provided.)

3.2 Disconnect or reconnect appliances, fittings or equipment.

3.3 Remove or lay fitted floor coverings.

3.4 Take down or re-hang curtains, blinds or other window coverings.

3.5 Move night storage heaters unless they are dismantled.

3.6 Move or store any items excluded under Clause 4.

Move any item or items which our removal crew reasonably believe they cannot move safely or the removal of which may damage the item or items in question or its or their surroundings.
Clear driveways or other access areas (at either collection or delivery address) from snow or ice or other materials.

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 kind.

4.2 Potentially dangerous, damaging or any kind of 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 Cars, boats and caravans.

4.7 Furs, perfumery, wines, spirits, tobacco, cigars, cigarettes, foodstuffs or perishable goods.

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 of (without notice) any such goods which are listed under paragraphs 4.2, 4.3, 4.4, 4.5, & 4.7.

4.8 Breakage of owner packed property

Customer’s responsibility

It is your sole responsibility to:-

5.1 Declare to us the proper value of the Goods on the valued inventory sent to you when booking is confirmed.

5.2 Obtain at your expense all documents necessary for the removal to be completed.

5.3 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.

5.4 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.

5.5 Pay for any parking or meter suspension charges incurred by us in carrying out the work unless otherwise agreed in writing.

5.6 Ensure that the fridge freezer, deep freezers are defrosted before transportation and not switched on straightaway, the recommended time to switch on these appliances is 24 hours after delivery. We do not pack and / or transport refrigerated or frozen contents.

5.7 Provide us with a correct and up to date contact address and telephone number during removal transit of goods.

5.8 Ensure that the Goods or items you have packed are packed properly as the items packed by yourself are not covered under our insurance.

5.9 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.

Ownership of the Goods

By entering into this contract you confirm to us that:-

6.1 The Goods are your own property; or

6.2 You have the authority of the owner of the property to make this contract 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.

Postponements/Cancellations

7.1 If you postpone or cancel this contract we may charge according to how much notice you provide prior to the agreed removal date:-

More than 7 days before the removal was due to start: No charge.

Less than 7 days before the removal was due to start: 50% of the removal charge.

On the day the work starts or at any time after the work commences 100% of our charges.

Payment of Removal Charges

Unless you have our written agreement to the contrary you must pay our charges so we have cleared funds in advance of your goods being unloaded from the van. Unless we agree otherwise, you may not withhold any part of the agreed price. Interest at 2% per month calculated on a daily basis, is charged on all overdue accounts.

Failure to comply with our payment terms will also mean that the Goods are not insured.

Our liability for loss or damage

9.1 Goods in Transit Insurance’ covers consignments against damage or loss while they are being transported from one place to another or being stored during a journey. All goods in transit are insured for up to £ 25,000, claims exceeding this amount are non-refundable.

There is no cover for owner packed goods.

Customers must report any damages of their goods while our driver is with them so that they can log a complaint and take photographs to establish the breakages, if this is not possible then photographic evidence of any damages must be supplied by the customer via email within 24 hours of completion of removal. We will not accept responsibility for damages discovered after this time has passed or if photographic evidence of any damages is not supplied

‘Public Liability Insurance’ protects against claims of property damage or injuries that a third party suffers as a result of business activity.

9.2 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.

9.3 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:

9.3.1 Fire howsoever caused.

9.3.2 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.

9.3.3 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.

9.3.4 Cleaning, repairing or restoring unless we did the work.

9.3.5 Moth or vermin or similar infestation.

9.3.6 Electrical or mechanical derangement to any appliance, instrument or equipment unless there is evidence of external impact.

9.4 Additionally we will not be liable for any loss of or damage to:

9.4.1 Any Goods in wardrobes, drawers or appliances, or in a package, bundle, case or other container not both packed and unpacked by us.

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 9.1 above.
Goods which have a relevant proven defect or are inherently defective.

9.4.4 Animals and their cages or tanks including pets, birds or fish.

9.4.5 Plants.

9.4.6 Refrigerated or frozen food or drink.

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.

9.5 Wear and tear, gradual deterioration, scratching, bruising or denting;

9.6 Loss or damage of motor vehicles / goods / furniture caused by scratching, denting and marring unless you obtain from us a pre-collection condition report. Most of items we move are not brand new and it is not possible to make a note of scratches or the current condition of every item which is the reason why scratches are not covered in the insurance unless you request a pre-collection report of item/s for which charges may apply.

10. Delays in transit

10.1 Unless we give a specifically agreed written timescale then arrival and departure times are an estimate only.

10.2 If through no fault of ours we are unable to deliver your Goods, we will take them into store. This contract will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense.

We shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of our obligations under this agreement if such delay or failure results from events, circumstances or causes beyond our reasonable control including but not limited to adverse weather conditions. In such circumstances we shall be entitled to a reasonable extension of time for performing such obligations, provided that if the period of delay or non-performance continues for 4 weeks then you may terminate this agreement, without penalty by giving not less than 7 days written notice to us.
In the event that the agreement is terminated under clause 10.3 and we have part performed any of our obligations under this agreement, including but not limited to a completed or part-completed packing service and/or any storage requirement, any charges incurred by us at the time of your termination under clause 10.3 shall become chargeable in accordance with our standard rates applicable at the time.
In the event of termination under clause 10.3, any monies already paid will be refunded save that we reserve the right to set off such sums as are due to us under clause 10.3.1

10.3.3 We shall not be liable for any costs or charges you incur as a result of the termination of the agreement under clause 10.3.

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 and confirmed with photographic evidence to us within 24 hours via email. Because third party contractors or others are frequently present at the time of collection or delivery it is not always possible to Establish who was responsible for loss or damage. If We are negligent or in breach of contract or otherwise responsible for causing loss or damage to your premises we will pay you either;

A: the cost of repairing the damaged area to a maximum limit of £75; or

B :up to a maximum of £75 on each premises.

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 via email WITHIN 24 HOURS of completion of the removals (this is a requirement of insurers) of either their collection by you or delivery by us to their destination, unless you request a reasonable extension which we agree in writing.

Our rights to withhold or dispose of Goods

We have a legal right to withhold or (subject to complying with the notice procedure in condition 16.6) 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.

14. Sub-contracting the work

14.1 We reserve the right to sub-contract some or all of the work for which we have provided a quotation without reference to you.

14.2 If we sub-contract these conditions will still apply in full.

15. Whole agreement

These 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.