Terms & Conditions
Removals Services Terms Conditions
Terms of the contract between Delta Solution BR PT Ltd the Removal Contractor (“the Contractor”) and you (“the Customer”) explaining rights, obligations and responsibilities of both parties.
Table of
Contents
Interpretation
“We” or “Us” is a reference to the Contractor. “You” is a reference to the
Customer. “Goods” means the goods being removed and/or packed/unpacked and
“Services” means the relevant services we are providing to you pursuant to
these Terms and Conditions, such as domestic removal services, office
removals, packing services or storage services as the case may be. These
Terms and Conditions can be varied or amended subject to prior written
agreement. In clauses 5, 7, 8, 9 and 10 We limit or exclude Our liability
for loss and damage. We recommend You arrange insurance to cover Your Goods
and premises.
Quotation/Estimate
include insurance, waiting waivers, customs duties, port charges including
(but not limited to) demurrage, inspections, or any fees, or taxes payable
to government bodies or agencies.
2.1.2 Our quotation / estimate is valid for 7 days from the date of
issue and is subject to availability of time and resources.
2.1.3 All quotations are provided as an estimate unless specified in
advance in writing as a fixed price service. We will use Our reasonable
endeavours to complete the Services in the estimated time, but any
additional chargeable hours will be included in the final invoice.
2.1.4 There is a 3 hour minimum charge Monday to Friday and a 3 hour
minimum charge on Bank Holidays, Sundays only reserved slots on all Our
Services. After the minimum period, Our rates can be charged in time blocks
of 30 minute periods each.
2.1.5 You must advise Us as soon as possible if You wish Us to
include any additional Goods as part of the Services we are providing.
Once advised, We will advise You of any estimated price increase to the
quotation / estimate. The additional Goods will not be included in the
work until We have agreed the price increase with You.
2.1.6 These Terms and Conditions are subject to any written terms to
the contrary stated in the quotation / estimate and for the avoidance of
doubt in the event of any conflict, the terms of Our quotation / estimate
shall take precedence over these Terms and Conditions.
2.2 Unless already included in Our quotation / estimate, reasonable
additional charges will apply in the following circumstances:
2.2.2 We have to collect or deliver Goods at Your request above the ground
floor and first upper floor.
2.2.3 We supply any additional Services, including moving or storing extra
Goods (these conditions apply to such work).
2.2.4 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 and/or containers to load and/or unload within 20 metres of the
doorway.
2.2.5 We have to pay parking or other fees or charges (including fines
where you have not arranged agreed suspension of parking restrictions) in
order to carry out the Services on Your behalf those will be added to the
quote.
For the purpose of these Terms and Conditions, parking fines for illegal
parking, caused by Our negligence, are not fees or charges and You are not
responsible for paying them.
2.2.6 There are delays or events outside Our reasonable control which
increase or extend the resources or time allowed to complete the Services.
2.2.7 We agree in writing to increase Our limit of liability set out in
clause 7.1 prior to the work commencing.
2.2.8 The work is carried out on a Saturday, Sunday, or Public Holiday or
outside normal hours (08.00 – 18.00 hours) at Your request (or by reason of
necessity in view of any agreed timescales or schedules agreed).
2.3 You agree to pay any reasonable charges arising from the above
circumstances.
Work not included in our quotations/estimates
3.1.1 Dismantle or assemble unit-furniture (flat-pack), fittings or
fitments (save as provided for in clause 3.2.1)
3.1.2 Disconnect or reconnect appliances, fixtures, fittings or equipment
(save as provided for in clause 3.2.2).
3.1.3 Take up or lay fitted floor coverings.
3.1.4 Take down or re-hang curtains, blinds or other window coverings.
3.1.5 Move items from a loft, unless properly lit and properly floored and
safe access is provided.
3.1.6 Move any items excluded in clause 5.
3.1.7 Dismantle or assemble garden furniture and equipment including, but
not limited to: sheds, greenhouses, garden shelters, outdoor play
equipment, and satellite dishes, or move paving slabs, planters and the
like.
which Our removal staff reasonably believe they cannot move safely or the
removal of which may damage the item or items in question or its or their
surroundings. We recommend that a properly qualified and appropriately
insured third party person is separately contracted by You to carry out any
such tasks. For the avoidance of any doubt, where any of Our staff elects
to carry out any such tasks at Your request, they do so without Our consent
and without Our authority and thereby in doing so are acting outside the
terms of their employment and are doing so at their own risk and We will
not be insured for any such tasks. Accordingly, in these circumstances, We
cannot be held liable to You for any property damage or injury or other
losses sustained as a consequence.
3.1.9 Open or reseal paints, oils, lubricants or other materials deemed by
Us to be unsafe for transport or storage or otherwise hazardous in any way.
3.1.10 Move storage heaters (unless dismantled) or loaded freezers or
refrigerators.
3.2 In certain circumstances, We may agree to carry out the following steps
on the understanding and strict condition that We shall not be held liable
for any damages or losses caused as a result:
3.2.1 We may dis-assemble and re-assemble IKEA (and similar brands) flat
pack furniture. We will not however dis-assemble and re-assemble custom,
specialist, delicate, rare or expensive pieces of furniture, We strongly
recommend that you contact the manufacturer, relevant retailer or other
suitable furniture expert for guidance in relation to dis-assembly and re-
assembly of such items before taking any such steps Yourselves or arrange
for appropriate specialist independent contractors to carry out such tasks
; and
3.2.2 We may disconnect and reconnect dishwashers, washing machines, dryers
and other electrical appliances, except fittings and fixtures. We take no
responsibility if any such appliances do not function correctly on
reconnection.
Your responsibility
stored in a form of a signed valued inventory list before the removals take
place (provide in pdf form via email or printed copy). The value to be used
is the current value (not a new for old value).
4.2 If you do not provide Us with a Valued Inventory of the Goods to be
removed / stored it is Your responsibility to arrange adequate insurance
cover for the Goods submitted against all insurable risks as Our liability
is restricted to a maximum £50.00 per item as per clause 7.1 (Limited
Liability). If You have not arranged adequate insurance cover in those
circumstances (including cover against accidental loss or damage and loss
or damage caused by fire, lightning or explosion etc) then You should not
submit those Goods to Us as part of the Services. In the event that You do
submit such Goods, then You acknowledge that the restrictions on Our
liability limits as set out in clause 7.1 shall apply (together with the
additional relevant limitations of liability as set out elsewhere in these
Terms and Conditions) and You agree that they are reasonable and
enforceable.
4.3 Obtain at Your expense all documents necessary for the Services to be
completed.
or other relevant documents on collection or delivery of Goods.
4.5 Be present or represented throughout the course of the Services,
including the collection and delivery of the removal and 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.
4.6 Prepare adequately and stabilize all appliances or electronic equipment
prior to their removal. We will not be liable for any loss or damage, costs
or additional charges that may arise from failure to discharge these
responsibilities.
4.7 Empty, properly defrost and clean refrigerators and deep freezers. We
are not responsible for the contents.
4.8 Ensure that all domestic and garden appliances, including but not
limited to washing machines, dish washers, hose pipes, petrol lawn mowers
are clean and dry and have no residual fluid left in them.
4.9 Provide Us with a correct and up to date contact address and telephone
number during removal, transit and/or storage of Goods.
4.10 Arrange appropriate transport, storage or disposal of Goods listed in
clause 5.
4.11 Take all reasonable steps to ensure that nothing that should be
removed is left behind and nothing is taken away in error.
4.12 We will not be liable for any loss or damage, costs or additional
charges that may arise from failure to discharge these responsibilities.
Excluded Property – Goods not to be submitted for removals
company representative, the following items must not be submitted for
removal and will under no circumstances be moved by Us. The items listed
under 5.1 below may present risks to health and safety and of fire. Items
listed under 5.2 to 5.8 below carry other risks and You should make Your
own arrangements for their transport.
5.1 Potentially dangerous, damaging or explosive items, including gas
bottles, aerosols, paints, firearms and ammunition.
5.2 Jewellery, furs, wines, spirits, watches, tobacco, cigars, cigarettes,
trinkets, precious stones or metals, cash and the like, bullion, deeds,
securities, mobile telephones, portable media and computing devices,
stamps, coins, or goods or collections of any similar kind, prepaid phone
cards and similar, bonds, fine art.
5.3 Goods likely to encourage vermin or other pests or to cause infestation
or contamination.
5.4 Perishable items and/or those requiring a controlled environment.
5.5 Any animals, birds, fish, reptiles or plants.
5.6 Goods which require special licence or government permission for export
or import.
5.8 Any other goods or items specifically excluded from cover from time to
time by our Goods in Transit insurance policy.
5.9 Inspection of goods and disposal of certain goods
5.9.1 We reserve the right to open or inspect Goods to ensure compliance
with clause 5 above or in the interests of health, safety or security.
5.9.2 If upon opening or inspecting the Goods We on reasonable grounds
believe that the Customer is in breach of clause 5.1 to 5.8 above or that
the Goods pose a threat to health, safety or security We shall be entitled
(without prejudice to any other rights it may have) to dispose of the Goods
forthwith without compensation to You.
5.9.3 If You submit such Goods without Our knowledge, We will make them
available for Your collection and if You do not collect them within a
reasonable time We may dispose of any such Goods found in the consignment.
You agree to pay Us any charges, expenses, damages, legal costs or
penalties reasonably incurred by Us in disposing of the Goods (including in
relation to any court applications which may be required).
Ownership of the goods
By entering these Terms and Conditions, You guarantee that:
6.1 The Goods to be removed are Your own property free of any legal charge;
or
6.2 You have the full authority of the owner or anyone having a legal
interest in them to enter these Terms and Conditions and You have made the
owner fully aware of these them prior to entering into this Agreement and
that they have agreed to them.
6.3 If at any time following the implementation of these Terms and
Conditions through to its termination another person has or obtains an
interest in the Goods You will advise Us of their name and address in
writing immediately.
6.4 You will provide a full indemnity and pay Us in respect of any claim
for damages and/or costs brought against Us if either statement made in 6.1
or 6.2 is untrue.
6.5 These Terms and Conditions are personal to You and you must not sub-
contract, assign, charge or otherwise encumber or transfer the benefit or
burden of these Terms and Conditions to any third party without our prior
written consent
Our liability for loss or damage
7.1 If We do not know the value of Your goods, We therefore limit Our
liability to a fixed limit per item. Unless otherwise agreed in writing if
we are negligent or in breach of contract, We will pay You up to £50 for
each item which is lost or damaged as a direct result of any negligence or
breach of contract on Our part. If You wish Us to increase Our limit of
7.2 It is Your responsibility to insure Your Goods.
7.3 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 its value.
7.4. Standard Liability
We have a “Goods in Transit” policy which can be endorsed to cover a
customer’s Goods subject to the terms, limitations and exclusions of the
policy. If you wish to benefit from any available cover in this regard, it
is a strict condition of such cover and of these Terms and Conditions that
you declare to us in advance, in writing, the value of the Goods being
removed (or otherwise forming part of our Services as the case may be) in a
form of a signed valued inventory list before the Services take place
(provided in pdf form via email or printed copy). The value to be used is
the current value (not a new for old value). As Our customer, You will have
no enforceable rights under our policy, any such claims can only be made by
Us.
7.5. Any liability under clauses 7.1 (Limited Liability) or clause 7.4
(Standard Liability) above is expressly subject to all or any other
applicable exclusions set out elsewhere in these Terms and Conditions
(including clauses 7.2 to 7.3, clause 8, clause 9 and clause 10).
Damage to premises or property other than Goods
8.1 Because the customer themselves, 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. Therefore,
Our liability is limited as follows:
8.1.1 If We cause loss or damage to premises or property other than Goods
for removal as a result of Our negligence or breach of contract, Our
liability shall be limited to making good the damaged area only to a
maximum limit of £75 per damaged area unless additional quoted evidence is
supplied to Us in writing (for the repair costs of the damaged area only)
and We agree in our absolute discretion in writing to contribute towards
the cost of any such repair works prior to the same being undertaken.
8.1.2 If We cause damage because of moving Goods under Your express
instruction, against our advice, and where moving the Goods in the manner
instructed is likely to cause damage, We shall not be liable.
8.1.3 As a strict condition of these Terms and Conditions, if We are
responsible for causing damage to Your premises or to property other than
Goods submitted for removal, You must note this on the worksheet or
delivery receipt as soon as practicable after the damage occurs (and in no
circumstances later than the end of the day in which the work was carried
out). In the event You do not so notify Us in accordance with this clause,
We shall not be held liable for any such damage.
Additional exclusions of liability
9.1 We shall not be liable for loss or damage caused by fire or explosion,
unless we have been negligent. It is Your responsibility to insure Your
goods against such perils.
under this Agreement as a result of war, invasion, acts of foreign enemies,
hostilities (whether war is declared or not), civil war, terrorism,
rebellion and/or military coup, Act of God, adverse weather, third party
industrial action, re-scheduled sailing, departure or arrival times, port
congestion, pandemic or other such events outside of Our reasonable
control.
9.3 Other than because of Our negligence or breach of contract We will not
be liable for any loss, damage or failure to produce the goods as a result
of:
9.3.1 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.
9.3.2 Moth or vermin or similar infestation.
9.3.3 Cleaning, repairing or restoring unless We arranged for the work to
be carried out.
9.3.4 Changes caused by atmospheric conditions such as dampness, mould,
mildew, rusting, tarnishing, corrosion, or gradual deterioration unless
directly linked to ingress of water. OR
9.3.5 For any goods in wardrobes, drawers or appliances, or in a package,
bundle, carton, case or other container not both packed and unpacked by Us.
9.3.6 For electrical or mechanical derangement to any appliance,
instrument, clock, computer or other equipment unless there is evidence of
related external damage.
9.3.7 For any goods which have a pre-existing defect or are inherently
defective.
9.3.8 For perishable items (including food and drink whether frozen,
chilled or otherwise) and/or those requiring a controlled environment.
9.3.9 Loss of structural integrity of furniture constructed of particle
board resulting from crumbling of the board.
9.3.10 Breakage of owner packed property unless the box or container shows
signs of external damage (and We have acted negligently in relation to such
damage).
9.3.11 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 advance in writing the level of cover in relation
those specific items and / or how We suggest they should be dealt with (as
the case may be) Any such cover will be strictly subject to our terms of
insurance and any relevant exclusions or limitations in our policy.
9.3.12 Loss of or damage to china, glassware and fragile items, unless they
have been both professionally packed and unpacked by Us or our
subcontractor. In the event of an accident involving an owner packed
container where damage has occurred irrespective of the quality of the
packing, our liability is limited to £50 or its actual value, whichever is
less.
network technology and such like.
9.3.14 Plants; and
9.3.15 As to any broken glass coverings on pictures, our liability shall be
capped at £25 per picture.
9.3.16 For items referred to in clause 5.
9.4 No employee of Ours shall be separately liable to you for any loss,
damage, mis-delivery, errors or omissions under the terms of these Terms
and Conditions.
9.5 Our liability will cease upon handing over the Goods to You or Your
authorised representative.
9.6 We will not be liable for any loss or damage caused by Us or Our
employees or agents or sub-contractors in circumstances where:
(a) there is no breach of this Agreement by Us or by any of Our employees
or agents or sub-contractors, or any negligence on Our part or their part;
and / or
(b) such loss or damage is not a reasonably foreseeable result of any such
breach
Time limits for claims
10.1 If You or Your authorised representative collect the Goods, We must be
notified in writing of any loss or damage at the time the Goods are handed
to You or Your representative or as soon as practicable thereafter, and in
no circumstances later than 7 days after collection of the Goods.
10.2 For goods which We deliver, You must give Us detailed notice in
writing of any loss and damage as soon as reasonably practicable following
delivery and in any event within 7 days of delivery by Us. In exceptional
circumstances, we may agree to extend this time limit upon receipt of Your
written request provided such request is received within 7 days of
delivery.
10.3 In the event You do not so notify Us in accordance with this clause
10, We shall not be held liable for any such claims, and our liability is
excluded in that regard to the fullest extent permitted by law.
10.4 For the avoidance of any doubt, it is Your responsibility to check
your Goods for any loss or damage which may have occurred during transit.
Our rights to withhold or dispose of goods
We have a legal right to withhold or ultimately dispose of some or all the
Goods until You have paid all our charges and other payments due under
these Terms and Conditions. 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 because of Our
withholding your Goods and these Terms and Conditions will continue to
apply
Disputes
12.1 If there is a dispute arising from these Terms and Conditions which
cannot be resolved either You or We may refer the matter to the Ombudsman
subject always to the rules of the Scheme from time to time.
12.2 In the event of any dispute being raised, this does not alter the
timescales for payment of our Invoices, which shall remain payable in full.
You shall not have any rights of set-off in the event of a dispute.
Sub-contracting
13.1 We reserve the right to sub-contract some or all of the Services for
which we have provided a quotation without reference to You.
13.2 If we sub-contract these Terms and Conditions will still apply in
full.
Route and method
14.1 We have the right to choose the method and route by which to carry out
the Services.
14.2 Unless it has been specifically agreed otherwise in writing in Our
quotation/estimate, other space/volume/capacity on Our vehicles may be
utilised for consignments.
Inventory
Where You produce a valued list of goods (valued inventory) and send it to
Us, it will be accepted as accurate unless you write to Us 48 hours’ prior
to the agreed removal date.
Whole agreement
These Terms and Conditions together with our quotation/estimate are
intended to form the whole agreement between us and to prevail over any
verbal discussions or any prior agreements. Should we mutually agree to any
variation of these terms such variation should be confirmed in writing.
Any variation however agreed shall not invalidate the remainder of these
Terms and Conditions.
Applicable Law
This contract is subject to the laws of England and Wales and any disputes
arising pursuant to it (or any document referred to within it) or in
respect of its formation shall be subject to the exclusive jurisdiction of
the courts of England and Wales.
Payment Terms
quotation / estimate or otherwise):
18.1.1 Payment is required in full by cleared funds in advance of the
removal services or storage period (as applicable). You may not withhold
payment of any part of the agreed price.
18.1.2 In the event that additional services are required outside the remit
of the original quotation / estimate, the services take longer than
estimated, or any other factor of the type listed in clauses 2 or 3 arises
leading to an increase in charges, then in the event that such matters are
known before the services are carried out then payment in full for all such
matters is required at the same time as payment of the agreed price in
immediate conclusion of the services.
18.2 In respect of all sums which are overdue to Us, We will charge
interest on a daily basis at 4% per annum above the prevailing base rate
for the time being of the Bank of England.
18.3 Payment can be made in cash, by credit/debit card or via bank
transfer. Card payments are subject to a 3% administration charge. In some
cases, We may require you to pay a deposit payment in advance at or
following the time of booking. Where such a deposit in advance is paid, it
will be deducted from the final invoice.
18.4 Any payment queries must be directed to Our head office on or before
the day the services our carried out. Our removal staff do not have the
authorisation to amend quotations or discuss sums due.
18.5 VAT is due on all our Services at the prevailing rate. Any sums
stated in these Terms and Conditions or in the quotation / estimate shall
be deemed to be stated exclusive of VAT unless expressly stated in writing
as being inclusive.
18.5 For the avoidance of any doubt, we reserve the right to state
alternative payment terms in our quotation / estimate, and where we do so,
those alternative terms shall apply. For example, in certain circumstances
we may require payment in full 7 days before the Services are carried out,
or in other circumstances we may raise a draft Invoice in advance of a
purchase order being received and final invoice being raised. Where any
such circumstances apply, this will be stated in our quotation / estimate.
Cancellations and Postponements
charge a fee based on the potential loss to Us. We incur costs in preparing
for your Services and we also lose the opportunity to book Services for
other clients using the same resources. “Working days” are normal working
days Monday to Friday and excludes weekends and Public Holidays. The fees
are set out below at 19.1 – 19.6.
19.1 You have the right to cancel / postpone until 10 working days’ prior
to the agreed date without paying any fee.
19.2 If You cancel / postpone the Services between 3 and 2 working days
prior to the agreed date, We have the right to charge up to 20% of the
agreed estimate / fixed price.
19.3 If You cancel / postpone the Services less than 5 working days before
the agreed date, We have the right to charge up to 20% of the agreed
estimate / fixed price.
19.4 If You cancel / postpone the Services within 24 hours of the agreed
date, we have the right to charge up to 30% of the agreed estimate / fixed
price.
19.5 If You cancel / postpone the Services on the agreed date or at any
time on this date, We have the right to charge 100% of the agreed estimate
/ fixed price.
quotation / estimate where we deem it appropriate.
International Freight Forwarding
international shipping by a third party freight company then We are only
responsible for the Goods whilst the Goods are in Our physical possession.
When the Goods are handed over to the third party freight company, the
Goods shall be their responsibility and shall be handled at their risk, and
thereafter at the risk and responsibility of the end carrier/s (if
different).
20.2 If You have any queries related to insurance cover or contractual
responsibilities with respect to onward transit then the same should be
raised directly with the relevant third parties concerned. You are advised
to arrange Your own comprehensive insurance to cover your Goods during such
international transit if in any doubt.
20.3 We do not accept any liability for loss of or damage to goods
confiscated, seized, removed or damaged by Customs Authorities or other
Government Agencies.
20.4 Under no circumstances do we accept any liability for loss of or
damage to goods occurring in certain overseas countries, including Gambia,
Iran, Iraq, Nigeria, Libya, Lebanon, Angola, Cambodia, Vietnam, N. Korea
and Former States of the USSR. This list is not exhaustive, and we will
advise you at the time of quotation if the country your goods are being
shipped to is not on this list but is included in this exclusion of
liability.