These conditions explain the rights, obligations, and responsibilities of all parties to this Agreement. Where we use the word ‘you’ or ‘your’ it means the Customer : ‘we’, ‘us’ or ‘our’ means the Remover. These terms and conditions can be varied or amended subject to prior written agreement. Your attention is drawn to Clauses 4, 9, 10, 11 and 12 which set out our liability to you for loss of or damage to goods and property.
1.1 Our quotation, unless otherwise stated, does not include customs duties and inspections or any other fees or taxes payable to government bodies. It does include us accepting liability for your goods, subject to clauses 2.2, 3.2, 5.2, 5.3 and the provisions of Clauses 4, 9, 10, 11 and 12.
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 quotation and conﬁrmed by us in writing. These include:
1.2.1 You do not accept our quotation in writing within 28 days, or the work is not carried out or completed within three months.
1.2.2 Our costs change because of currency ﬂuctuations or changes in taxation or freight charges beyond our control.
1.2.3 The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal hours (08.00-18.00hrs) at your request.
1.2.4 We have to collect or deliver goods at your request above the ground ﬂoor and ﬁrst upper ﬂoor.
1.2.5 If you collect some or all of the goods from our warehouse, 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 (these conditions apply to such work) or where you request additional periods of storage or Standard Liability protection.
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 and/or containers to load and/or unload within 20 meters 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.
1.3 In any such circumstances, adjusted charges will apply and become payable.
2.1 Unless agreed by us in writing, we will not:
2.1.1 Dismantle or assemble unit or system furniture (ﬂat-pack), ﬁtments or ﬁttings.
2.1.2 Disconnect, re-connect, dismantle or re-assemble 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 Move or store any items excluded under Clause 5.
2.2 Our staff are not authorized or qualiﬁed to carry out such work. We recommend that a properly qualiﬁed person is separately employed by you to carry out these services.
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 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 it’s or their actual value.
3.1.2 Obtain at your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.
3.1.3 Be present or represented during the collection and delivery of the removal.
3.1.4 Ensure authorized signature on agreed inventories, receipts, waybills, 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 Arrange proper protection for goods left in unoccupied or unattended premises, or where other people, including but not limited to, tenants or workmen are, or will be present.
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.
3.1.9 Provide us with a contact address for correspondence during removal transit and/or storage of goods.
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.
4.1It is our responsibility to deliver your goods to you, or produce them for your collection in the same condition as they were in at the time when they were packed or otherwise made ready for transportation and/ or storage.
4.2 Delete both references to “undamaged” so sentence reads, “It is our responsibility to deliver your goods to you or produce them for your‘ ‘ collection in the same condition as they were in at the time. . ..”
4.3 If we fail to discharge the responsibilities 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 2.2, 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 a declaration of value of your goods on the form we provide, 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 negli- gence 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.
5.1 Unless previously agreed in writing by a director or other authorized company representative, the following items must not be submitted for removal or stor age and will under no circumstances be moved or stored by us. The items listed under 5.1.1 below may present risks to health and safety and of ﬁre. Items listed under 5.1.2 to 5.1.6 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 or explosive items, including gas bottles, aerosols, paints, ﬁrearms and ammunition.
5.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.
5.1.3 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 be responsible to pay our charges, expenses, damages, attorneys fees, legal costs or penalties incurred to dispose such goods.
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 licence or government permission for export or import.
5.2 If we do agree to remove 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.
6.1 By entering into this Agreement, you guarantee that :
6.1.1 The goods to be removed and/or stored are your own property, or
6.1.2 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.
6.1.3 “You will be responsible to pay for any claim against Universal Relocations and our expenses, attorneys fees and legal costs if you breach warranty 6.1.1 or 6. 1.2.”
7.1 If you postpone or cancel this Agreement, we will charge you according to how much notice is given. “Working days” refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays.
7.1.1 More than 10 working days before the removal was due to start: No charge.
7.1.2 Between 5 and 10 working days inclusive before the removal was due to start: not more than 30% of the removal charge.
7.1.3 Less than 5 working days before the removal was due to start: not more than 60% of the removal charge.
8.1 Unless otherwise agreed by us in writing :
8.1.1 Payment is required by cleared funds in advance of the removal or storage period.
8.1.2 You may not withhold any part of the agreed price.
9.1 Standard Liability.
9.1.1 If you provide us with a declaration of the value of your goods on the valuation form we provide, and make payment of the additional charge for us to accept Standard Liability, 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 below.
9.1.2 In the event of loss or damage to your goods caused by negligence or breach of contract on our part, our maximum liability to you is to be assessed as a sum equivalent to the cost of their repair or replacement at our discretion, taking into account the age and condition of the goods immediately prior to their loss or damage, subject to a maximum liability [delete “of $.60 per item”] up to the amount of the value declared on your goods.”
9.1.3 Where the lost or damaged item is part of a pair or set, our maximum liability to you is the pro rata cost to replace that item, not the cost to replace the entire pair or set.”
9.2 Limited 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 or damage to your goods caused by negligence or breach of contract onour part, our maximum liability to you is the cost of their repair or replacement at our discretion, taking into account the age and condition of the goods immediately prior to their loss or damage, subject to a maximum liability of $.60 per pound per item. Your attention is drawn to Clause 11.1 which applies to Limited Liability.”
9.3 For goods destined to or received from a place outside the USA.
9.3.1 We will only accept Standard Liability if you provide us with a detailed valuation of your goods on the valuation form which we provide. All other provisions of Clause 9.1 will apply.
9.3.2 We do not accept liability for loss of or damage to goods conﬁscated, seized, or removed by Customs Authorities or other Government Agencies unless we have been negligent or in breach of contract.
9.3.3 We do not accept 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, unless we have been negligent or in breach of contract. This list is not exhaustive, and we will advise you at the time of quotation if this exclusion applies. We will accept liability for loss or damage:
(a) arising from our negligence or breach of contract whilst the goods are in our physical possession, or
(b) whilst the goods are in the possession of others if the loss or damage is established to have been caused by our failure to pack the goods to a reasonable standard where we have been contracted to pack the goods that are subject to the claim. In either circumstance clause 9.1 or 9.2 above will apply.
9.4 An Item is deﬁned as :
9.4.1 The entire contents of a box, parcel, package, carton, or similar container; and
9.4.2 Any other object or thing that is moved, handled or stored by us.
10.1 Because third party contractors are frequently present at the time of collection or delivery our liability for loss or damage is limited as follows :
10.1.1 Change as follows: “If we cause loss or damage to premises orproperty, other than goods tendered to us for removal, as a result of our negligence or breach of contract, our liability shall be limited to repairing the damaged area only.”
10.1.2 Change as follows: “If we cause loss or damage as a result of moving goods under your express instruction, against our advice that moving the goods in the manner instructed will likely cause damage, we shall not be liable for any damage as a result of our compliance with your instructions.”
10.1.3 Change as follows: “If we are responsible for causing damage to your premises or to property other than goods tendered to us for removal and/or storage, you must note all such damage on the work sheet or delivery receipt, or provide us with other written notice of such damage no later than five (5) days after any such damage. Providing such written notice to us is fundamental and material to the Agreement.”
11.1 In respect of Limited 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, 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 unless we have been negligent or in breach of contract.
11.2 In respect of Standard Liability and Limited 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 following goods :
11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones
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, jewelry, watches, precious stones, metal, money, coins, papers exceeding $100 in aggregate value for the entire shipment.”
11.2.5 Any animals, birds or ﬁsh.
11.3 In respect of Standard Liability and Limited 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 Loss or damage arising from ionising radiations or radioactive contamination
11.3.2 Loss or damage arising from Chemical, Biological, Bio-chemical, Electro magnetic Weapons and Cyber Attack
11.3.3 Indirect or consequential loss of any kind or description
11.3.4 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.
11.3.5 By vermin, moth, insects and similar infestation, damp, mould, mildew or rust
11.3.6 By cleaning, repairing or restoring unless we arranged for the work to be carried out.
11.3.7 By change to atmospheric or climatic conditions.
11.3.8 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.
11.3.9 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 would have occurred irrespective of the quality of the packing, then our liability is limited to $ 40 or its actual value whichever is less.
11.3.10 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
11.3.11 Loss or damage of motor vehicles caused by scratching, denting and marring unless you obtain from us a pre-collection condition report.
11.3.12 Loss or damage to a vehicle whilst 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 removable items unless lost with the vehicle
11.3.13 “For any goods that have a pre-existing or inherent defect or an inherent vice.”
11.4 “Your agreement is with Universal Relocations and not with any of its individual owners, managers or employees. No owner, manager or employee of ours shall be individually or personally liable to you for any loss, damage, mis-delivery, errors or omissions under this Agreement.”
11.5 Our liability will cease upon release or delivery of the goods from our control (e.g. if you contract for storage) or upon completion of delivery to residence. (Also see clause 12.2 below). Standard Liability Protection may be extended to cover additional periods in storage with us at origin or with our nominated destination agent, upon written instruction and against payment of an additional fee.
11.6 In respect of Standard 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 War, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup unless your goods are on an overseas vessel or aircraft.
12.1 You are required to note any damage conditions or exceptions to the goods at the time you receive them or, in the event of concealed damage, you must notify us within three (3) days after delivery.
12.2 As a condition precedent to filing any suit or other legal action against us, you must first submit to us, for our actual receipt in hand, a written claim for any loss, damage or delay to the goods within nine (9) months after you receive the goods, or within nine (9) months after the date when the goods should have been delivered to you.
12.3 No suit or legal action may be instituted by you against us for any loss, damage or delay of the goods if you do not comply with the written claim-filing requirement in Section 12.2 above. You must file any suit or other legal action within two (2) years after we decline any part of your written claim.
12.4 No agreement modifying the requirements of Secs. 12.1, 12.2 or 12.3 above shall be binding on Universal Relocations unless confirmed in writing and signed by and authorized Universal Relocations manager.
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 storage. This Agreement will then be considered to be completely performed by us and any other services, including storage and delivery, will be at your additional expense.
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 condition shall continue to apply.
16.1 We reserve the right to sub-contract some or all of the work.
16.2 If we sub-contract, then these conditions will still apply.
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 Quotation, other space/volume/capacity on our vehicles and/or the container may be utilized for consignments of other customers.
We will use our reasonable endeavours to provide you with up to date information to assist you with the import/export of your goods. Information on such matters as na- tional or regional laws and regulations which are subject to change and interpretation at any time is provided in good faith and is based upon existing known circumstances. It is your responsibility to seek appropriate advice to verify the accuracy of any information provided
This contract is subject to the law of the country in which the ofﬁce of the company issuing this contract is situated.
20.1 If you send goods to be stored, you must provide an address for correspon- dence and notify us if it changes. All correspondence and notices will be considered to have been received by you seven days after sending it to your last address recorded by us.
20.2 If you do not provide an address or respond to our correspondence or notices, we may publish such notices in a public newspaper in the area to or from which the goods were removed. Such notice will be considered to have been received by you seven days after the publication date of the newspaper. Note: If we are unable to contact you, we will charge you any costs incurred in establishing your whereabouts.
When we produce a list of your goods (inventory) or a receipt and provide it to you, it will be deemed accepted as accurate, unless you notify us in writing of any errors or omissions in the inventory
withing ten (10) days of your receipt of the inventory.
We review our storage charges periodically. You will be given 3 months notice in writing of any increases.
If payment of our charges relating to your goods is in arrears, and on giving you three months’ notice, we are entitled to require you to remove your goods from our custody and pay all 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.
If your payments are current and up-to-date, we will not terminate this Agreement without giving you three (3) months advance notice in writing…
As a merchant, we shall have no liability for any loss or damage arising, directly or indirectly, our of the declination or non-authorization of any transaction as a result of the cardholder exceeding the pre-set limit mutually agreed by us with our acquiring bank.