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Terms & Conditions
Terms and Conditions
Introduction:
These conditions set out the terms of the contract between (“the Contractor”) Summit Corp Ltd; Trading as ‘TY Removals’ and you (“the Customer”) and explain your rights, obligations, and responsibilities and those of the Contractor.
Where we use the word ‘the company’, ‘we’, ‘us’ or ‘our’, it means Summit Corp Ltd; Trading as ‘TY Removals’. The term “Goods” mean the goods being removed and/or stored.
These terms and conditions can be varied or amended, subject to prior written agreement.
1. Quotations
1.1 Our quotation, unless otherwise stated, does not include custom duties and inspection or any other fees or taxes payable to government bodies.
1.2 We may change the price or make additional charges if circumstances are found to apply which have not been taken into account when preparing our quote. These include:
1.2.1 You do not accept our quote within 28 days or the work is not carried out or completed within 3 months.
1.2.2 Our costs change because of currency fluctuations or changes in taxation or freight charges beyond our control.
1.2.3 Additional Vans: Should additional van(s) be required/used for a removal, other than those which have been specified on the booking contract/email, extra charges shall apply.
1.2.4 Parking: Any parking arrangements, permits and dispensations will be the customer’s responsibility. Any parking penalty or penalties issued to our vehicle will be included in the final invoice.
1.2.5 If you collect some or all of the goods from our storage unit, we are entitled to make a charge for handing them over.
1.2.6 We supply any additional services, including moving or storing extra goods.
1.2.7 The 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/unload within 20m of the doorway.
1.2.8 We have to pay parking or other fees or charges in order to carry out services on your behalf.
1.2.9 There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work.
1.2.10 If our crew is forced to park a long distance away from the entrance to the customer’s property, unless the customer has previously informed us of the long distance, we reserve the right to charge extra, on a fixed rate job. This clause does not apply to hourly rate jobs.
1.2.11 Additional items which were not declared at the time of issuing the quotation
1.2.12 Unless previously agreed, packing materials are not included in our quote and will be charged for additionally.
1.2.13 Our quote excludes the cost of London Congestion Charges; if incurred, this charge shall be passed on to the customer.
1.2.14 Should toll charges be incurred during the move, these shall be passed on to the customer.
1.2.15 The service will be strictly from the “Moving from” address to the “Moving to” address. No intermediate stoppages will be entertained unless it has been included in the job at the outset.
2. Work not included in the Quotation
2.1 Unless agreed by us in writing, we will not:
2.1.1 dismantle/assemble unit or system furniture, fitments or fittings.
2.1.2 Disconnect, re-connect, dismantle or reassembly appliances, fixtures, fittings or equipment.
2.1.3 Take up or lay fitted floor coverings.
2.1.4 Move items from a loft, unless properly lit and floored and safe access is provided.2.1.5 Electrical and gas appliances will not be unplugged by our staff.
3. Customer Responsibility
3.1 It will be your sole responsibility to:
3.1.1 Declare to us, in writing, the value of the goods being removed and/or stored. If it is subsequently established that the value of the goods removed or stored is greater than the actual value you declare, you agree that our liability under clause 9.1 will be reduced to reflect the proportion that your declared value bears to their actual value.
3.1.2 Obtain at your own expense, all documents, permits, permissions, licenses, customs documents necessary for the removal to be completed.
3.1.3 Be present or represented during the collection and delivery of the removal (unless previously agreed, in writing).
3.1.4 Ensure authorised signature on agreed inventories, receipts, job sheets or other relevant documents by way of confirmation of collection or delivery of goods.
3.1.5 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
3.1.6 Provide us with the contact address for correspondence during removal transit and/or storage of goods.
3.1.7 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
3.1.8 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents, though we may transport them.
3.2 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.
4. Our Responsibility
4.1 It is our responsibility to deliver your goods to you, or produce them for your collection, undamaged. By “undamaged“, we mean in the same conditions as they were in at the time when they were packed or otherwise made ready for transport and/or storage.
4.2 In the event that we have undertaken to pack the goods or otherwise make them ready for transport and/or storage, it is our responsibility to deliver them to you, or produce for your collection, undamaged. Again, by “undamaged” we mean in the same conditions as they were in immediately prior to being packed (or made ready for transport or storage).
4.3 If we fail to discharge the responsibility identified in clause 4.1 and 4.2, we will, subject to the provisions of clauses 9, 11 and 12, be liable under this agreement to compensate you for such failure.
4.4 We will not be liable to compensate you where clauses 3.2, 5.2 and 5.3 apply unless loss or damage occurred as a result of negligence or breach of contract on our part.
4.5 If you do not provide us with declaration of value of your goods, or if you do not require us to accept standard liability pursuant to clause 9.1 we will not be liable to you for failure to discharge the responsibilities identified in clause 4.1 and 4.2, unless that failure was caused by negligence or breach of contract on our part.
4.6 The amount of our liability under this clause shall be determined in accordance with clauses 9 and 11.
5. Goods not to be submitted for removal or storage
5.1 Unless previously agreed in writing by a director or other authorised company representative, the following items must not be submitted for removal or storage and under no circumstances be moved or stored by us. The items listed below may present risks to health and safety and of fire. Items listed below, carry other risks and you should make your own arrangements for their transport and storage.
5.1.1 Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging, flammable or explosive items, including gas bottles, aerosols, paints, firearms and ammunition, Furs, skins, clothing and ready-made garments, footwear, fashion accessories, Perfumes and scents, Computer equipment or associated Goods, software and accessories, Photographic equipment and accessories.
5.1.2 Bottled wine and spirits, Cigars, cigarettes and tobacco but excluding raw leaf tobacco, Non-ferrous metals in raw scrap bar ingot or similar form, Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind, Mobile phones and similar or associated Goods and accessories, Audio/Visual equipment.
5.1.3 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
5.1.4 Perishable items and/or those requiring a controlled environment.
5.1.5 Any animals, birds or fish.
5.1.6 Goods which require special license or government permission for export or import.
5.1.7 Packing services shall not include the packing of drinks, oils or any other food or drink that is in liquid form or that which has been previously opened.
5.2 If we do agree to the removal of such goods, we will not accept liability for loss or damage unless we are negligent or in breach of contract, in which case all these conditions will apply.
5.3 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 will apply for an appropriate court order to dispose of any such goods found in the consignment without notice. You will furthermore pay to us any charges, expenses, damages, legal costs or penalties incurred by us.
6. Ownership of the goods
6.1 The goods to be removed and/or stored are your own property, or
6.2 The person(s) who own or have an interest in them have given you authority to make this contract and have been made aware of these conditions.
6.3 You will pay us for any claim for damages and/or costs brought against us if either warranty 6.1 or 6.2 is not true.
7. Charges if you postpone or cancel the removal
7.1 Deposits are not refundable.
7.2 Changes to the booked moving date: Any changes to the original confirmed moving date must be notified at least 5 days before the removal date. If less than 5 days’ notice is given, the customer shall be charged a penalty of 30% (of the full service being provided). This penalty shall be payable before the start of the job.
7.3 Should the customer cancel or postpone the move giving less than 48 hours’ notice, they shall be liable to pay the full amount.
8. Payment
8.1 Unless otherwise agreed by us in writing:
8.1.1 A 30 % (deposit) of the agreed price will be charged upon confirmation of booking; the remaining balance will be payable on the moving day, prior to unloading at the destination address.
8.1.2 You may not withhold any part of the agreed price.
8.1.3 Payments can be made by bank transfer or cash.
8.1.4 The company has the right to take full payment at any time during the day of the move, but in any case must be paid before unloading/completion.
8.1.5 For removals jobs which require multiple trips, full payment shall be due after the vehicle(s) for the first trip is/are loaded.
9. Determination of amount of our liability for loss or damage
9.1 Standard Liability
9.1.1 If you provide us with a declaration of the value of your goods and subject to clause 3.1.1, the amount of our liability to you in the event of loss or damage to those goods in breach of clause 4, will be determined in accordance with clauses 9.1.2, 9.1.3 and 11, subject to a maximum liability of £50,000 We may agree to accept liability for a higher amount, in which case we may make an additional charge.
9.1.2 In the event of loss of or damage to your goods in breach of clause 4, our liability to you is to be assessed as a sum equivalent to the cost of their repair or replacement whichever is the smaller sum, taking into account the age and condition of the goods immediately prior to their loss or damage and subject to the maximum liability of £50,000 referred to in clause 9.1.1 (unless we have agree a higher amount with you).
9.1.3 Where the lost or damaged item is part of a pair or set, our liability to you, where it is assessed as the cost of replacement of that item, is to be assessed as a sum equivalent to the cost of that item in isolation, not the cost of that item as part of a pair or set.
9.1.4 Any claim made, shall have an insurance excess of £500 applied to the total claim. For example, if items were damaged, totalling £1000, TY Removals shall be liable for £500. If the total damage is below £500, TY Removals shall not make any insurance claim payment to the customer.
9.2 Liability
9.2.1 If you do not provide us with a declaration of value, or if you do not require us to accept Standard Liability pursuant to clause 9.1, then our liability to you is to be determined in accordance with clauses 9.1.3, 9.2.2 and 11.
9.2.2 In the event of loss of or damage to your goods caused by negligence or breach of contract on our part, our liability to you is to be assessed as a sum equivalent to the cost of their repair or replacement, taking into account their age and condition immediately prior to their loss or damage, subject to a maximum liability of £100/item. Your attention is drawn to clause 11.1 which applies to Liability.
9.3 An item is defined as;
9.3.1 The entire contents of a box, parcel, package, carton or similar container
9.3.2 Any other object or thing that is moved, handled or stored by us.
9.3.3 No compensation for damage to an item will be paid if the company has not undertaken packaging work for that item.
9.3.4 No claims for any damages will be entertained if part or self-loading.
9.3.5 On occasions where unusual moves are required such as moving sofas through windows or piano via stairs, the company will not take any responsibility for any damage to goods or property.
9.3.6 Customers are advised to take the option of buying Goods-in-Transit (GIT) insurance. In the absence of GIT insurance, the company will not be responsible for any damage, to customer items, should they be damaged during the move.
9.3.7 When carrying large items up narrow stair ways, we shall not be held liable for any minor damage to the stairway area/wall.
9.3.8 We reserve the right to refuse an insurance claim, until full payment for a removal has been received. If full payment for the removal has not been received, insurance claims may not be processed.
10. Damage to premises or property other than goods
10.1 Because third party contractors are frequently present at the time of collection or delivery our liability for loss or damage is as follows:
10.1.1 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 to making good the damaged area only.
10.1.2 If we cause damage as a result of moving goods under your expressed instruction, against our advice and where to move the goods in the manner instructed is likely to cause damage, we shall not be liable.
10.1.3 If we are responsible for causing damage to your premises or to property other than goods submitted for removal and/or storage, you must inform our removal crew immediately. You must also notify our office (by email or phone), within 24 hours of the damage taking place.
11. Exclusions of Liability
11.1 In respect of Liability, we will not be liable for loss of or damage to your goods as a result of fire or explosion, howsoever that fire or explosion was caused, unless we have been negligent or in breach of contract.
11.2 In respect of Standard Liability and Liability, other than as a result of our negligence of breach of contract we will not be liable for any loss of, damage to, or failure to produce the following goods:
11.2.1 Bonds, securities, stamps of all kinds, manuscripts or other documents or electronically held data records, mobile telephones and other electronic devices.
11.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
11.2.3 Perishable items and/or those requiring a controlled environment.
11.2.4 Furs exceeding £100 in value, jewellery, watches, precious stones and metals, money, coins, deeds.
11.2.5 Any animals, birds or fish.
11.3 In respect of Standard Liability and Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances;
11.3.1 By 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.
11.3.2 Loss or damage arising from ionizing radiations or radioactive contamination.
11.3.3 Loss or damage arising from chemical, biological, bio-chemical, electromagnetic weapons and cyber-attack.
11.3.4 Indirect or consequential loss of any kind or description.
11.3.5 By 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.
11.3.6 By vermin, moth, insects and similar infestation, damp, mould, mildew or rust.
11.3.7 By cleaning, repairing or restoring unless we arranged for the work to be carried out.
11.3.8 By change to atmospheric or climatic conditions.
11.3.9 Loss or damage to a vehicle whilst being driven or for the purpose of being driven under its own power other than for the purpose of loading onto or unloading from the carrying conveyance or container. Loss or damage sustained by accessories and removal items unless lost with the vehicle.
11.3.10 For any goods which have a pre-existing defect or are inherently defective.
11.3.11 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
11.3.12 Loss or damage of motor vehicles caused by scratching, denting and marring unless you obtain from us a pre-collection condition report.
11.4 No employee of ours shall be separately liable to you for any loss, damage, miss-delivery, errors or omissions under the terms of this agreement.
11.5 Our liability will cease upon handling over goods from our warehouse or completion of delivery (see 12.2).
11.6 We advise the customer to take responsibility of their own valuables, such as keys, money, jewellery, watches, passports, credit cards, expensive phones, other small trinkets, electronic devices and gadgets, etc. TY Removals will not be held responsible for the loss or damage to these types of items, during transit, due to their valuable nature, unless we have previously (explicitly) agreed to take responsibility for these valuables.
11.7 If TY Removals parks on the customer’s driveway, we shall not be liable for any damage caused to the driveway or to manhole covers, unless we park negligently or have previously been instructed by the customer, of any potential issues.
12. Time limits for Claims
12.1 For goods which we deliver, you must notify us in writing (email) of any visible loss, damage or failure to produce any goods at the time of delivery.
12.2 If you or your agent collects the goods, you must notify us in writing (email) of any loss or damage at the time the goods are handed to you or your agent.
12.3 Notwithstanding clauses 9, 10 and 11, we will not be liable for any loss of or damage to the goods unless a claim is notified to us, or to our agent or the company carrying out the collection or delivery of the goods on our behalf, in writing (email) as soon as such loss or damage is discovered (or with reasonable diligence out to have been discovered) and in any event within 24 hours of delivery of the goods by us.
12.4 The time limit for notifying us of your claim may be extended upon receipt of your written request provided such request is received within 24 hours of delivery (as per clause 12.3). Consent to such a request will not be unreasonably withheld.
13. Delays during the Transit or move
13.1 Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit.
13.2 If through no fault of ours we are unable to deliver your goods, we will take them into store. The agreement will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense.
13.3 In respect of any delays during the move or in transit by reason of negligence we will be liable up to a maximum of £100 for your reasonable costs and expenses.
14. Our Right to Hold the Goods
14.1 We shall have a right to withhold and/or ultimately dispose of some or all of the goods until you have paid all our charges and any other payments due under this or any other agreement (see also clause 23). These include any charges that we have paid out on your behalf. While we hold the goods you will be liable to pay all storage charges and other costs incurred by our withholding your goods and these terms and conditions shall continue to apply.
14.2 Non-payment:
14.2.1 If the customer is unable to pay for the service, on the day of the move, after the items have been loaded onto the vehicle(s), the items shall be taken to storage and shall only be released once payment has been made.
14.2.2 If items are taken to storage, due to non-payment, the customer shall be liable for the cost of storage.
14.2.3 If items are taken to storage, due to non-payment, the customer shall be liable for the re-delivery costs.
14.2.4 If items are taken to storage, due to non-payment, customer items shall not be released until full payment is received.
14.2.5 If items are taken to storage, due to non-payment, customer items shall be held for 28 days. If payment is not received during this time, TY Removals reserves the right to auction the items and use the proceeds to cover the outstanding cost.
14.2.6 If items are taken to storage, due to non-payment, one time penalty of £299/Lorry will be charged.
15. 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 right to commence court proceedings.
16. Our right to sub-contract the work
16.1 We reserve the right to sub-contract some or all of the work for which we have provided a quotation, without reference to you.
16.2 If we sub-contract, then these conditions will still apply.
17. Route and Method
17.1 We have the right to choose the method and route by which to carry out the work.
17.2 Unless it has been specifically agreed otherwise in writing in our quote/emails, other space/volume/capacity on our vehicles and/or the container may be utilized for consignments of other customers.
18. Applicable Law
This contract is subject to the law of the country in which the office of the company issuing this contract is situated.
19. Your Forwarding Address
19.1 If you send goods to be stored, you must provide an address for correspondence and notify us if it changes. All correspondence and notices will be considered to have been received by you 5 days after sending it to your last address recorded by us.
Note: If we are unable to contact you, we will charge you any costs incurred in establishing your whereabouts.
20. List of goods (Inventory) or receipt
Where we produce a list of your goods (inventory) or a receipt and send it to you, it will be accepted as accurate unless you write to us within 5 days of the date of our sending, or a reasonable period agreed between us, notifying us of any errors or omissions.
21. Revision of Storage Charges
We review our storage charges periodically. You will be given 2 weeks’ notice in writing of any increases.
22. Our Right to Sell or Dispose of the Goods
If payment of our charges relating to your goods is in arrears and on giving you 2 months’ notice, we are entitled to require you to remove your goods from our custody and pay all the money due to us. If you fail to pay all outstanding amounts due to us, we may sell or dispose of some or all of the goods without further notice. The cost of the sale or disposal will be charged to you. The net proceeds will be credited to your account and any eventual surplus will be paid to you without interest. If the full amount due is not received, we may seek to recover the balance from you.
23. Late Payments
23.1 If any payment is late/overdue by over 3 days, TY Removals reserves the right to levy a late payment administration fee of £100. If payment remains outstanding for an unreasonable amount of time, TY Removals reserves the right to charge and additional 50% of the total amount being charged for the job/work.
23.2 TY Removals reserves the right to use debt collection agencies to collect payment, when we cannot recover monies owed from our customers, through the normal process of payment of the outstanding invoice. The collection agency fees will be added to the amount shown on the outstanding invoice.
24. Termination of Storage Contract
If payments are up to date, we will not end this contract except by giving you 2 weeks’ notice in writing. If you wish to terminate your storage contract, you must give us at least 2-week notice for weekly contract or 1-month notice for a monthly contract. If we can release the goods earlier, we will do so, provided that your account is paid up to date. Charges for storage are payable to the date when the notice should have taken effect.
25. Miscellaneous
25.1 The Company vehicles are insured for business purposes only. No passengers other than the employees are permitted, unless previously agreed.
25.2 Unless previously agreed, late working charges will apply to late finishing jobs.
25.2.1 After 5.00 pm Monday to Friday – an additional charge of £29/person/hour will apply.
25.2.2 After 5.00 pm Saturday, Sunday, Bank Holidays – an additional charge of £49/person/hour will apply.
25.3 Unless previously agreed, if our removals crews are forced to wait, at any point during the removal, at the customer’s request or customer waiting for the keys to be released, we reserve the right to levy a £49/person/hour charge for the waiting time.
25.4 On an hourly rate job, 10 minute breaks, within 2 hours of work and thereafter every 2 hours, will be included in the contract.
25.5 TY Removals reserve the right to refuse the job if the customer’s behaviour is abusive or unacceptable at any stage.
25.6 The company shall not be held responsible for any inconvenience or loss caused by adverse weather conditions.
25.7 The company shall not be held responsible for any inconvenience or loss caused by circumstances beyond the control of the Company such as road closures, breakdown of vehicles.
25.8 Due to safety reasons, our removals crew will not take off their shoes, while the removals job is being carried out. Should customers wish to prevent damage to their carpets/flooring, they must ensure that they lay down protective sheets of their own.
25.9 Boxes containing miscellaneous items will be left on the main floor – usually the ground floor.
25.10 Customers shall not be permitted to amend or delete any of the aforementioned terms. Should customers wish for particular terms and conditions to be waived or amended, they shall make this request, in writing/email.
25.11 Packing Materials: When we state that packing materials are included in the quote:
25.11.1 This includes: standard boxes, wrapping paper and packing tape only.
25.11.2 Unless previously agreed, the following packing materials are not included and shall be charged for additionally: wardrobe boxes cling film (shrink wrap) and bubble wrap.
25.12 If TY Removals issues a quote to a customer, based on our price beat policy, we request that the customer forward us the rival removals quote otherwise, the original quotation given by us shall apply.
25.13 Box size/weight:
25.13.1 TY Removals reserves the right to charge extra, for boxes which are over the weight of 15kg (33lbs).
25.13.2 When customers give estimates on the number of boxes to be transported, they are advised to use medium size/weight boxes for the estimation.
25.14 Lift/Elevator usage.
If TY Removals crews are required to use lifts, during the course of a removal, we shall not be held financially liable for any damage which may occur to lifts, unless we are notified before we start the job. Customers are advised to speak to the building manager, and get any protective covering for the lift – which our crews can use, while they move items up/down in the lift. In any event, our crew shall do their best to ensure no damage occurs to the lifts.
25.15 Customer Self-Packing
25.15.1 In the event of minor damage (e.g. a scratch, scuff mark, etc.) to any item which was packed by the customer and not by TY Removals , TY Removals reserve the right to refuse payment for compensation to cover the cost to repair the minor damage.
25.15.2 If an item was packed by the customer and it is allegedly damaged during the course of the removal; it is the customer’s responsibility to prove that the item was not already damaged before the removal took place.