![](3D"DDLTradingConditionsremovals_storage_files/image002.jpg")
CONDITIONS OF DAVID DU=
GGLEBY
LIMITED FOR CARRYING OUT REMOVALS, PACKING
These
conditions form the basis of the contract between the customer and
Whenever
the following words or phrases appear in this agreement they always have the
same meanings:
We,
or Us, or Our, or Contractor:
You
and Your: The customer or the customer’s agent or representative.
Goods:
The Goods that are being moved or stored.
Work:
any services
1
Quotation
We
may amend Our quotation if:
A. Our quotation is not ac=
cepted
within fourteen days or You ask us to carry out additional Work in which ca=
se
We will provide you with a further quotation; or
B. Additional Goods,
are included in the Work. You must advise us as soon as possible if You wish Us to include additional Goods. We will advis=
e You of any price increase. The additional Goods will n=
ot be
included in the Work until We have agreed a price with You; or
C. Stairs, lifts, windows =
or
doorways are inadequate for the free movement of the Goods without risk of
damage or injury or the use of the use of mechanical equipment or structural
alterations, or the approach road or drive is unsuitable for Our vehicles
and/or containers to load/unload within 20metres of the doorway, or We are
asked to collect or deliver above ground or first floors.
D. Goods are handed to You=
from
store or You require access to Your goods whilst they are in store; or
E. Our overheads or operat=
ional
costs go up as a result of increases in but not limited to taxes, road or o=
ther
tolls, fuel or any other costs or expenses outside Our<=
/span>
control.
In
these circumstances you will have to pay the adjusted charges.
2
Work not included
Unless
agreed otherwise in writing before the date of the quotation, Our price does
not include taking down or putting up unit or self assembly kit furniture,
fitments and fixtures, disconnecting and connecting domestic or other
appliances and fittings, taking up or laying fitted floor coverings, moving
loaded freezers or refrigerators, moving storage heaters not dismantled or =
any
other items We specifically exclude in writing.
We
will not move Goods from or to a loft/attic unless the loft/attic is proper=
ly
lit, floored and has a safe means of entry and exit. If any of Our employees carries out such Work, at Your request, =
and
without Our prior written agreement, they do so without Our authority and
outside the terms of their employment with Us. We shall not be liable for a=
ny
loss or damage, which may occur in carrying out such work.
3 Your
responsibilities
You
agree
A. to be present or repres=
ented
throughout the removal to ensure that nothing that should be removed is left
behind and that nothing is taken away in error;
B. to<=
/span> arrange proper protect=
ion
for Goods left in unoccupied or unattended premises or where other people s=
uch as
tenants or workmen are present. If you fail to protect Your Goods We shall =
not
be liable for any loss or damage;
C. not to offer for remova=
l or
storage jewellery, watches, trinkets, precious stones or metals, money, dee=
ds,
securities, stamps or coins(or similar collections of any kind), plants and
animals. We do not accept any liability for any claims for loss or damage to
these items if they are placed in Our care or cu=
stody.
Please make alternative transport or storage arrangements for such items.
D. not=
to offer for removal,
packing or storage any Goods (including foodstuffs) which in Our opinion are
dangerous, damaging or explosive, hazardous to health, in an unhygienic
condition, or likely to attract vermin or other pests. You agree that We may refuse to handle or store such items without
liability to You. If such items are handled or stored by Us You agree to
indemnify Us for any loss or damage incurred by =
Us or
anyone else through the presence of such substances. We may remove, destroy=
or
otherwise dispose of these articles or substances in which case you will pa=
y Us any costs or expenses incurred by Us.
E. To empty and defrost
refrigerators and freezers and to make alternative transport arrangements f=
or
their contents. We shall not be liable for damage to any freezer or
refrigerator being moved partially or fully loaded, nor for any illness or
deterioration in such contents resulting from a change in temperature.
F. To make sure that all
domestic and garden appliances, including but not limited to washing machin=
es,
dishwashers, hosepipes, petrol lawnmowers, are clean and dry and there is no
residual fluid left in them;
G. To pay for any parking =
meter
suspension charges which We incur whilst carryin=
g out
Work for You.
4 Declaration=
of
Ownership
By
accepting this Agreement You declare that the Goods to be handled are either
Your own property free of any legal charge or burden on them or that You ha=
ve
the full authority of the owner or anyone having a legal interest in them to
enter this contract on their behalf.
You
agree to indemnify Us against any claims, charge=
s and
demands made against Us arising from any claim to the Goods made by another
person. If any other person has or obtains an interest in the Goods You must
advise us of their name and address in writing immediately.
5 Charges if =
you
postpone or cancel the removal:
If
You cancel or postpone the Work on the day the Work starts, You agree to pa=
y Us
50% of the price of the Work; If You cancel or postpone the Work at anytime
after the Work has started You agree to pay Us 100% of the price of the Wor=
k.
6 Payment
A. Unless otherwise agreed
differently in writing, payment is due on invoice.
7 Our Liabili=
ty For
Loss And Damage To The Goods:
We
do not know the value of Your Goods therefore We=
limit
Our liability to a fixed limit per vehicle load or container in store. The
amount of risk We accept under this condition is
reflected in Our price for the Work. Unless otherwise agreed in writing, if=
We are negligent or in breach of contract We will pay =
You up
to £25,000 for items which are either lost or damaged to cover the co=
st
of replacing or repairing the items in any one vehicle load. In respect of
items stored the cover is limited to £5,000 per container.
8 Exclusions =
of
Liability
We
shall not be liable for:
A. Loss or damage in exces=
s of
the limits in section (7).
B. Loss or damage caused w=
here
Goods have been packed or unpacked by You or oth=
ers.
C. Loss or damage cause by
change in atmospheric conditions but not limited to dampness mould or milde=
w, rusting,
tarnishing, corrosion or gradual deterioration unless directly attributed t=
o an ingress of water caused by Our negligence or breach=
of
contract.
D. Loss or damage caused by
sonic bang, war and allied risks, pollution and contamination or radioactiv=
e contamination;
E. Loss or damage cause by
vermin, moth, other infestation or depreciation consequential to repair;
F. Loss or damage caused if
Goods have any inherent defects or suffer from any inherent vice;
G. Any claims resulting fr=
om
difficulties or inability in obtaining, fuel or other supplies, war invasio=
n,
act of foreign hostilities (whether war be declare or not), terrorist acts,
civil war, rebellion, revolution, insurrection, military or usurped power or
civil commotion of any kind;
H. Any claims made for los=
s of
use, amenities enjoyment, profits, or any other indirect or consequential l=
oss
that was not in contemplation or brought to Our
attention in writing at the time this contract was made. You
must notify Us in writing of specific loss or da=
mage
within the time limit stated below otherwise We will not be liable: A. For Goods believed to b=
e lost
or damaged - within seven days after the due date of delivery of Goods; B. For Goods removed from =
Our
premises by anyone other than Us- at the time that the Goods are handed ove=
r; C. For damage to premises-=
at
the time of delivery of Your Goods. If We are negligent or in breach of contract or otherwise
responsible for causing damage to Your premises We will pay You either; A. The cost of repairing t=
he
damaged area to a maximum limit of £75; or B. Up to maximum of £=
;75 on
each premises. If Our
charges are not paid, any Goods in Our possession or custody will be remove=
d to
store and retained until payment is made. We shall be entitled to charge for
storing these Goods. Any costs incurred in removing them to or from store w=
ill
be met by You. All charges must be paid in full =
before
the Goods can be released. If Our charges are no=
t met
in full on the due date interest will be payable at 3% above the base rate =
of
HSBC plc on all monies outstanding. We shall have a general or particular lien upon =
all
Goods in Our possession for all money You owe Us=
or
for expenses incurred by Us and for payments We make on Your behalf. If som=
e of
the Goods have been delivered, removed, dispatched, or sold, the general li=
en
will apply to any Goods that remain in Our posse=
ssion.
We shall be entitled to charge warehouse rent and all other expenses whilst=
We maintain a lien on all Goods, all these conditions =
shall
continue to apply to them C. End of Agreement/Power =
of In the event of more than six weeks rental being=
outstanding
We may give You 28 days written notice requiring=
You
to remove all Goods from Our care, control or custody and pay all debts due=
. If
You do not remove the Goods We may sell or other=
wise
dispose of all or part of them without further notice. Any proceeds of sale
will be credited to Your storage account or against any other payments due =
to
Us from You. You will be responsible for any costs incurred by Us in sellin=
g or
disposing of the Goods. Any surplus proceeds will be paid to You without in=
terest.
If
we cancel or postpone the Work We will refund to You any charges You have p=
aid
to Us. If we cancel or postpone on the day Work starts or at any time
thereafter We will refund to You the price of the Work paid for after deduc=
ting
any Work We have done on Your behalf. For the purposes of this agreement th=
is
clause will not apply if the work is affected by adverse weather, traffic
congestion, road works, parking difficulties, fuel shortages, industrial
action, vehicle breakdown, or as a result of circumstances outside Our cont=
rol.
A delay in commencing or during Work will not constitute as a cancellation =
or
postponement. You
agree that We may; A. select the route and the
means by which the Goods shall be carried or stored; B. employ sub-contractors =
if We
subcontract the Work, these conditions will apply to the sub contractor. C. utilise any surplus spa=
ce on
the vehicles or in containers for the consignment of other customers. This
agreement is subject to English Law and the jurisdiction of the English Cou=
rts.
A. Registered Address: You must provide an ad=
dress
to which all communications are to be directed and shall notify Us9 Time Limits=
for
Reporting Claims
10 Limits of
Liability for Damage to Premises
11 A.
If Our Charges Are Not Paid
B. =
Lien
(=
220;Lien”
means the right to hold property until a debt is paid in full).
12 Changes by=
Us
and Delays in Transit
13 Route and =
Method
14 Applicable=
Law
15 Storage:
Additional Conditions
in
writing of any change. All communications to You will be treated as having =
been
duly served and received after 3
days after posting by first class post if sent by
post to the registered address or to the address from which the last
communication was received by Us; or if there is no registered address serv=
ices
will be effected by publication in a newspaper circulating in the area from
which the Goods were removed. If We are unable to contact You at the address
advised, You will be responsible for all costs we incur in establishing Your
whereabouts.
A. Inventory:
B. Revision of Storage Cha=
rge: Storage charges are su=
bject
to revision and You will be notified of any increase in writing 28 days bef=
ore
the increase come into effect.