Terms & Conditions
Introduction.
These terms and conditions (“Conditions”) explain the rights, obligations, and responsibilities of all parties to this Agreement and apply to all Contracts for the supply of Services between Us and You as defined below. In Clauses 10, 11, 12 and 13 We seek to limit or exclude Our liability for loss and damage. In particular, please note Your obligations in Clause 4. We recommend You arrange insurance to cover Your goods or premises. We are able to arrange insurance for Your benefit upon request. This insurance will be separate from this contract and subject to the Terms and Conditions of the policy. Please note we include this cover free of charge, subject to the full payment of your removal charges.
1) Interpretation.
1.1 Commencement Date means the date the Services are to commence on as set out in the Booking Document
1.2 Goods means the items that are subject to the Services;
1.3 Job Sheet means any document in the form of Appendix 2 which is completed by Us during the provision of the Removal Services to record information and details relating to those services;
1.4 Booking Document means any document in the form of Appendix 1 which describes the Services and sets out the Charges and Commencement Date;
1.5 Release Form means any document in the form of Appendix 3 which is completed and signed by You in order to release the Goods from Our storage facility;
1.6 Services means the services relating to storage or removal as identified in the Booking Email;
1.7 Storage Services means Services for the storage of Goods undertaken by Us at our storage facility;
1.8 Removal Services means Services for the removal and delivery of Goods undertaken by Us
1.9 You or Your means the customer or its authorised representative; and
1.10 We, Us or Our means JRR Group Ltd T/A JR Removals whose registered office Is Meadowcroft House, 182 Balcombe Road, Horley, RH6 9ER.
2) The Booking Document and incorporation of the Conditions.
2.1 Any estimate or quotation provided by Us for the provision of Services:
2.1.1 is for information purposes only and is not a binding offer by Us to supply the Services; and
2.1.2 will be valid for 60 days from the date of issue.
2.2 The contract between You and Us consists of:
2.2.1 the Booking Document;
2.2.2 these Conditions;
2.2.3 the Release Form for Storage Services; and
2.2.4 the Job Sheet for Removal Services, together, the Contract”.
2.3 If there is any conflict or inconsistency between any of the above documents, they shall have the following order of precedence: first, the Booking Email, second these Conditions and third, the Release Form or Job Sheet as appropriate.
3) Ancillary Services.
3.3 Unless agreed by Us in writing, We will not:
3.3.1 dismantle or assemble furniture of any kind;
3.3.2 disconnect, re-connect, dismantle or re-assemble appliances (whether gas or electrical), fixtures, fittings or equipment;
3.3.3 take up or lay fitted floor coverings;
3.3.4 move Goods from a loft
3.3.5 move or store any items excluded under Clause 5;
3.3.6 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 or similar items together or singly, “Ancillary Services”.
3.4 We are not authorised or qualified to carry out Ancillary Services. In the event that We carry out any Ancillary Services Additional Charges may apply and the work will be carried out at the sole risk to You. We recommend that a properly qualified person is separately employed by You to carry out these services.
4) Obligations.
Your Obligations
4.1 You shall:
4.1.1 advise Us in the Booking Email or otherwise in writing in accordance with these Conditions of the value of the Goods prior to the Commencement Date. If it is established that the true value of the Goods exceeds by 10% or more the value declared by You Our liability under clause 10 will be limited in accordance with clause 10.2;
4.1.2 unless otherwise agreed by Us in writing, have all Goods subject to Removal Services packed and ready for collection by 09:00 on the Commencement Date;
4.1.3 obtain at Your own expense, all documents, permits, permissions, licences, customs documents necessary for the Services to be completed;
4.1.4 unless otherwise agreed by Us in writing, pay for any parking or meter suspension charges necessary to carry out the Services;
4.1.5 unless otherwise agreed by Us in writing, be present throughout the Removal Services;
4.1.6 complete and when required sign all inventories, receipts, waybills, job sheets or other relevant documents provided to You;
4.1.7 take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error;
4.1.8 arrange proper protection and security for Goods left in unoccupied or unattended premises, or premises where other people such as, but not limited to, tenants or workmen will be present or have access to;
4.1.9 prepare adequately and stabilise all appliances or electronic equipment prior to their removal;
4.1.10 empty, properly defrost and clean refrigerators and deep freezers – You agree We are not responsible for the contents;
4.1.11 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;
4.1.12 provide Us with a correct and up to date contact address and telephone number during the term of the Contract and notify Us immediately of any changes to the address or telephone number provided;
4.1.13 arrange appropriate transport, storage or disposal of goods listed in Clause 5.
4.1.14 Notify Us immediately if at any time during the term of the Contract another person has, claims to have or obtains an interest in the Goods. In such an event You will advise Us of their name and address in writing immediately.
4.1.15 ensure that all items are brought down from your loft yourself ready for collection by 09:00 on the day of your removal
4.2 We will not be liable for any loss or damage, cost or additional charges that may arise from your failure to discharge these responsibilities.
Our Obligations
4.3 we will use reasonable endeavors to commence the Services by the Commencement Date set out in the Booking Confirmation
4.3.1 Your removal is scheduled to commence unloading at your new property no later than 14:00. In the event that there is a delay that is out of our control, you will incur extra charges that are payable on the day, unless a late key waiver has been purchased
4.3.2 Our Late Key Waiver is an optional one off charge of £75.00 incl VAT and gives you a 2 hour window, meaning that our team will wait from 2.00pm until 4.00pm to gain access. The waiver does not cover the event of us not being able to gain access to your property at all on your removal day. If keys are not received on your allocated moving day, then storage and re-delivery charges would apply. The waiver is for delayed access due to key release, and is not to allow you extra time to clean before letting us in. We will only wait to gain access if the delay is genuinely due to late keys. Our removal team will wait outside your property until 2.00pm at no charge. After 2.00pm, there will be a waiting charge of £72.00 per hour, up until the time we gain access.
4.4 we will use reasonable endeavors to complete the performance of the Services by the relevant completion date set out in the Booking Email, if specified;
4.5 we will not re-erect furniture after 17:00 but we will arrange a convenient time to return to do so
4.6 the Services will be provided with reasonable skill and care.
4.7 The Goods will be made available for collection at the agreed end date of the Storage Services undamaged. “Undamaged” for the purposes of this clause 4.5 means in the same condition as they were in at the commencement of the Storage Services; and
4.8 Where we have agreed to provide packing services, the Goods will be delivered undamaged. “Undamaged” for the purposes of this clause 4.6 means in the same condition as they were in at the Commencement Date.
5) Goods not to be submitted for removal or storage
5.1 The following items must not be submitted for removal or storage and will under no circumstances form part of the Services or Goods in relation to which the Services shall be performed by Us:
5.1.1 illegal substances, illegal goods, stolen goods or those illegally obtained;
5.1.2 pornographic material;
5.1.3 firearms, weapons, explosives and ammunition or the components thereof;
5.1.4 chemicals, radioactive materials, biological agents, toxic waste, asbestos or other materials of a potentially dangerous nature;
5.1.5 any item of high value requiring specialist storage such as jewellery, watches, trinkets, fine art, precious stones or metals, money, deeds, securities, stamps, coins, mobile telephones, portable media and computing devices or goods or collections of any similar kind;
5.1.6 goods which are in Our opinion hazardous to health or likely to encourage vermin or other pests or to cause infestation or contamination;
5.1.7 perishable goods and/or those requiring a controlled environment;
5.1.8 any animals, birds, fish, reptiles or plants;
5.1.9 goods which require special licence or government permission for export or import, together, “Prohibited Goods”.
5.2 Combustible or flammable materials or liquids such as gas, aerosols, paint, petrol, oil or cleaning solvents submitted for Storage Services will be deemed Prohibited Goods.
5.3 We reserve the right to refuse to provide Services where the Goods or part thereof are, or in Our reasonable opinion are, Prohibited Goods.
5.4 If You breach this clause 5 We will contact You in writing (“Collection Notice”) and advise that the Goods are to be collected forthwith. The Collection Notice will give particulars of the Goods, confirm the place where they are held, the date after which the Goods will be disposed of and the amount (if any) outstanding to be paid to Us in respect of the Goods (whether Charges, Additional Charges or interest). If the Goods are not collected by the date given in the Collection Notice (which shall be a reasonable period of time depending on the nature of the Prohibited Goods) We may dispose of the Goods, without further notice or after obtaining a court order, and You shall indemnify and keep Us indemnified against all liability, loss, damages, costs and expenses whether direct, indirect or consequential (including without limitation legal expenses) awarded against or incurred or paid by Us as a result of or in connection with the Prohibited Goods.
6) Ownership of the Goods
6.1 You warrant that:
6.1.1 You are the proprietor of the Goods;
6.1.2 You have the right, power and authority to enter into the Contract;
6.1.3 the Goods do not contain any Prohibited Goods; and
6.1.4 the information provided by You in the Booking Email or otherwise in writing in accordance with these Conditions is true and accurate.
7) Charges
7.1 The charges for the Services will be as set out in the Booking Email (the “Charges”) and unless otherwise stated, do not include customs duties, port charges including, but not limited to, demurrage, inspections, or any fees, or taxes payable to government bodies or agencies.
7.2 Any Additional Charges will be calculated in accordance with Our standard scale of charges in force at that time and will be invoiced to You. Payment shall be paid by You and received by Us in full without deduction or set off within 30 days of the invoice date.
7.3 In the event that You postpone or cancel the Services We reserve the right to charge You a postponement or cancellation fee according to how much notice is given, as set out below:
7.3.1 more than 10 working days before the Commencement Date: No charge;
7.3.2 between 5 and 10 working days inclusive before the Commencement Date: not more than 30% of the Charges;
7.3.3 less than 5 working days but more than 24 hours before the Commencement Date: not more than 60% of the Charges;
7.3.4 within 24 hours before the Commencement Date: up to 75% of the Charges; and
7.3.5 on the Commencement Date or at any time thereafter: 100% of the Charges.
7.4 In the event that We cancel the Services We will refund to You all advance payments paid within 14 days of the date that We notify you of the cancellation.
8) Payment
8.1 Full payment of your total booking is required upon your date of exchange. This includes any storage facilities you may have booked through Us
8.2 In default of such payment We may, without prejudice to any other rights or remedies:
8.2.1 charge a late payment fee and interest on late payments on a daily basis calculated at 8% per annum above the prevailing base rate of the Bank of England; and /or
8.2.2 refuse to release the Goods from storage until such payment is received; and/or
8.2.3 exercise Our right of lien under clause 14.
8.3 If you ask Us to secure your booking date prior to you exchanging, we can do this by means of You paying Us a 30% deposit of your total removal costs
8.3.1 the deposit paid will be subject to our cancellation charges set out in section 7
8.4 Any advance payments made by You are protected.
9) Removal Services
9.1 If We are unable to commence unloading of the Goods subject to Removal Services on or before 15:30 hours on the Commencement Date, We reserve the right to take the Goods to Our storage facility. We will ensure that the Removal Services are completed at the earliest opportunity subject to availability. We reserve the right to charge storage costs and additional delivery charges to You.
9.2 At Our discretion We may engage a JR Removals approved third party removal company, an international transport operator, shipping company or airline (“Third Party Carrier”) and if We do so then We do so on Your behalf and the carriage of the Goods will be subject to the terms and conditions set out by the Third Party Carrier. You agree We are not liable for the Goods once in the Third Party Carrier’s possession, except as set out under clause 10.1.3 and any costs or charges charged by the Third Party Carrier, including but not limited to salvage charges and general average charges, shall be due from and paid by You. It is Your responsibility to ensure that adequate insurance cover for the Goods are in place.
9.3 Any transit times quoted by Us are estimates only and time of performance is not of the essence.
9.4 We will notify You of any material changes to the transit times as soon as possible after We become aware of such changes.
9.5 If delays in transit occur other than by reason of Our negligence or breach of contract and We cannot deliver the Goods, the Goods will be placed in Our storage facility, at which point We will be deemed to have completed the Services. All storage costs, further removal costs and any other additional services will be paid for by You.
9.6 Unless agreed otherwise in writing, all packing materials provided by Us are to be returned to Us within seven (7) days of delivery of the Goods.
9.7 You agree We shall not be liable for damage caused to Goods as a result of Us following Your express instructions and contrary to advice given by Us.
10) Our liability for loss or damage
10.1 Standard Liability
10.1.1 If You advise Us of the value of the Goods in accordance with clause 4.1.1, the amount of Our liability to You in the event of loss or damage to the Goods caused by Our negligence or breach of contract will be determined in accordance with clauses 10.1.2, 10.1.3 and 12, up to a maximum liability of £25,000. We may agree, in writing, to accept liability in excess of £25,000 up to a maximum of £250,000 where Additional Charges have been paid in accordance with clause 2.6.10.
10.1.2 Where loss of or damage to Goods is caused by Our negligence or breach of contract, Our liability to You shall not exceed a sum equivalent to the cost of repairing or replacing the lost or damaged Goods, whichever is the smaller sum, taking into account the age and condition of the goods immediately prior to their loss or damage, up to a maximum liability of £25,000.
10.1.3 Where the lost or damaged item is part of a set, Our liability to You for the cost of replacing 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.
10.1.4 Where damaged Goods are capable of repair for a sum less than the replacement cost, taking into account the age and condition, the repair cost will be Our maximum liability.
10.2 Limited Liability
10.2.1 Where You have not provided Us with the value of the Goods in accordance with clause 4.1.1 or the value stated by you is not the true value of the Goods Our liability will be determined in accordance with clauses 10.1.3, 10.2.2 and 12.
10.2.2 Where loss or damage to Goods is caused by Our negligence or breach of contract Our liability shall not exceed £40 an item.
10.3 Goods destined for or to be received from a place outside of the UK
10.3.1 Under this clause 10.3, the provisions of clause 10.1 will apply where You have notified Us of the value of the Goods in accordance with clause 4.1.1 and in all other cases Our liability will be limited in accordance with clause 10.2.
10.3.2 Subject to clauses 10.3.3 and 10.3.4 We will be liable for loss or damage caused to Goods only in the following circumstances:
10.3.2.1 where loss or damage to Goods is directly caused by our negligence or breach of contract whilst the Goods are in Our physical possession; or
10.3.2.2 whilst the Goods are in the possession of a third party (subject to Clause 9.2) and the loss or damage is established to have been caused by Our failure to pack the Goods with reasonable skill and care (where packing services have been paid for by You).
10.3.3 You agree We shall not be liable for loss of or damage to Goods confiscated, seized, removed or damaged by customs authorities or other government agencies unless due to our negligence or breach of contract.
10.3.4 You agree We shall not be liable for loss of or damage to Goods occurring in Gambia, Iran, Iraq, Nigeria, Libya, Lebanon, Angola, Cambodia, Vietnam, North Korea and former states of the USSR or such other county as We may advise from time to time, unless such loss or damage is caused by Our negligence or breach of contract.
10.4 For the purposes of this clause 10 an item is:
10.4.1 the entire contents of a box, parcel, package, carton, or similar container; and any other object or thing that is subject to the Services.
11) Damage to premises or property other than Goods
11.1 Where damage to premises or property other than Goods has been caused and it is not possible to establish who is responsible for loss or damage, Our liability is limited to, subject to clause 11.2, making good the damaged area only.
11.2 You agree We shall not be liable for damage caused to premises or property as a result of Us following Your express instructions.
11.3 All damage or loss caused to the Goods, property or premises must be noted on the Job Sheet in accordance with clause 13.2.
12) Exclusions of Liability
12.1 We do not exclude our liability:
12.1.1 for death or personal injury caused by our negligence; or
12.1.2 for fraud or fraudulent misrepresentation;
12.2 Our liability to You in contract, tort (including negligence), misrepresentation (whether innocent or negligent), breach of statutory duty or otherwise arising out of or in connection with this Agreement shall not extend to any:
12.2.1 loss of profits (where You are not a consumer);
12.2.2 loss of goodwill (where You are not a consumer);
12.2.3 loss of data; or
12.2.4 loss of anticipated savings.
12.3 Neither party shall be liable for failing to perform obligations under these terms due to matters which are beyond their own reasonable control. Such matters include an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations under the Contract including (but not limited to) an act of God, fire, flood, lightning, earthquake or other natural disaster; war, riot or civil unrest, strike, lockout or boycott or other industrial action; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required by for performance of the Contract.
12.4 Other than as a result of Our negligence or breach of contract You agree We will not be liable for any loss or damage to Goods as a result of:
12.4.1 normal wear and tear, natural or gradual deterioration, leakage or evaporation;
12.4.2 moth or vermin or similar infestation;
12.4.3 cleaning, repairing or restoring unless We arranged for the work to be carried out;
12.4.4 any delay in transit times; or
12.4.5 changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration.
12.5 You agree We shall have no liability in respect of the following:
12.5.1 Goods left in furniture or appliances, or in a package, bundle, carton, case or other container which was not packed or unpacked by Us;
12.5.2 Goods which have a pre-existing defect or are inherently defective;
12.5.3 where any Prohibited Goods are delivered or stored by Us;
12.5.4 perishable Goods or those requiring a controlled environment;
12.5.5 china, glassware and fragile items unless packaged by Us;
12.5.6 electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
12.6 You agree that none of Our employees shall be separately liable to You for any loss, damage to or mis- delivery of any Goods or for their errors or omissions.
13) Time limit for claims
13.1 When Goods are collected from Our storage facility, You will be given sufficient reasonable time (and in any event not less than 45 minutes) in which to inspect the Goods for any damage or loss that may have been caused during the storage of the Goods by Us. In the event that any such damage or loss is discovered You shall record details of the damage or loss on the release form, in the form attached. Before the Goods are released You shall sign the release form. We reserve the right not to release the Goods in the event that the release form is not signed and Additional Charges may apply at Our discretion.
13.2 For Goods which are subject to Removal Services, on delivery of the Goods, You shall record on the job sheet any damage or loss to the Goods or to property or premises that occurs on the removal day. You shall sign the job sheet on completion of the Removal Services. Any additional damage or loss must be notified to Us in writing within seven days of delivery of the Goods. We may, at Our discretion, agree to extend this time limit upon receipt of a written request from You, provided such request is received within seven 7) days of delivery of the Goods. Consent to such a request will not be unreasonably withheld or delayed.
14) Our Right to Hold the Goods
“Lien” is the legal right of the remover to hold goods until the customer has paid all outstanding charges.
We shall have a general lien on all Goods and documents relating to Goods in our possession, custody or control for all sums due at any time from You, and by giving You 28 days written notice, We shall be entitled to sell or dispose of such Goods or documents as Agent for and at Your expense and apply the proceeds of sale towards the payment of such outstanding sums. Upon accounting to You for any balance remaining after payment of any sum due to Us and the costs of sale or disposal, We shall be discharged of any liability whatsoever in respect of the Goods or documents. Whilst We hold the goods, You will be liable to pay all storage charges and other costs (including legal costs) reasonably incurred by Us in recovering all sums due to Us. These Conditions shall continue to apply.
15 Sub-contracting, Assignment and Succession
15.1 We reserve the right to use sub-contractors to undertake any of Our responsibilities and obligations in the Contract.
15.2 You may assign any right or obligation under this Agreement, in whole or in part, provided that You provide Us forthwith with the full name and address of the proposed assignee (the Assignee). We may, at Our discretion, issue a new agreement to You and / or the Assignee and in such an event You shall remain liable under the Contract until the new agreement has been executed.
15.3 The Contract shall be binding upon, and ensure to the benefit of, each of the parties, their respective personal representatives and their respective successors in title.
16 Route and method
16.1 We have the right to choose the method and route by which to carry out the Services.
16.2 Unless it has been specifically agreed in writing in the Booking Email, other space/volume/capacity in Our vehicles and/or the container may be utilized for consignments of other customers.
16.3 We reserve the right to use alternative storage facilities or a third party storage supplier to carry out the Storage Services.
17) Advice and information for International Removals
We will use Our reasonable endeavors to provide You with up to date information. All information is provided in good faith and We make not warranty or representation as to the accuracy of the information provided. It is Your responsibility to seek appropriate advice or to verify the accuracy of any information provided.
18) Disputes
Any dispute regarding the validity, interpretation or performance of this Contract, which cannot be resolved between the parties, can be referred by either party to an external arbiter.
19) Applicable law
This agreement shall be governed by the construed in accordance with the law of England and Wales and any dispute between the parties will be governed by the exclusive jurisdiction of the courts of England and Wales.
20) Notices
20.1 Notices under this Agreement will be in writing and sent to the persons and addresses set out in the Booking Email. They may be given, and will be deemed received:
20.1.1 by first-class post: two Business Days after posting;
20.1.2 by airmail: seven Business Days after posting;
20.1.3 by hand: on delivery;
20.1.4 by facsimile: on receipt of a successful transmission report from the correct number; and
20.1.5 by e-mail: on receipt of a delivery or read receipt mail from the correct address.
20.2 In the event that You fail to respond to any notice served by Us We may publish notices in any public newspaper.
21) Networking Sites and logging Policy Purpose
JR Removals widely encourage constructive feedback to help coincide with staff training and ensuring we maintain an appropriate level of service. We recognize the modern day trends of today for sharing information, opinions and personal experience.
References to the Company
When reference is made to the Company and/or its services, it is our requirement and full expectation that it is clearly defined that any comments made are the express views of the author and that any statements made can be relied upon to be a true, accurate and reflective account of events.
Negative Posting and Action
Feedback on social networking sites or blogs is welcomed; however, JR Removals maintain the right to instruct and/or implement the removal of any postings that contain materials that is knowingly false, defamatory, inaccurate, abusive or harassing towards the Company and/or its staff/employees. Legal advice and/or action may be sought should a posting be knowingly false, misleading, and/or have malicious or harmful content.
22) List of goods (inventory) or receipt
Where We produce a list of the Goods (inventory) or a receipt and send it to You in accordance with clause 20, it will be deemed accepted as accurate unless You notify Us in writing within 10 days of the date of sending.
23) Revision of storage charges
We review our charges periodically and You will be given 30 days’ notice in writing of any Charge increases.
24) Termination
24.1 We may terminate this Contract at any time by giving You 28 days’ written notice.
24.2 You may terminate this Contract at any time by giving Us at least ten (10) Working Days’ notice. Storage charges are payable to the date (inclusive) that the Goods are collected and removed from Our storage facility.
25) Entire Agreement
The Contract shall constitute the entire agreement between the parties and shall supersede any previous agreement(s) between the parties in relation to the matters referred to in the Contract. The parties confirm that they have not entered into the Contract on the basis of any representations that are not expressly incorporated in the Contract.
26) Severance
If any term or provision in the Contract shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, then that term or provision or part shall to that extent be deemed not to form part of the Contract and the enforceability of the remainder of the Contract shall not be affected.
27) Contract (Rights of Third Parties) Act 1999
No person who is not a party to the Contract shall be entitled to enforce any term of this Contract under the Contract (Rights of Third Parties) Act 1999.