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 limited 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 limited to making good the damaged area only.
- 10.1.2 If we cause damage as a result of moving goods under your express
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 note this
on the worksheet or delivery receipt as soon as practically possible or within
a reasonable time. This is fundamental to the Agreement.
11. Exclusions of liability
- 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, 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 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 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 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 ionising 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
- 11.3.7 By cleaning, repairing or restoring unless we arranged for the work to be
- 11.3.8 By change to atmospheric or climatic conditions.
- 11.3.9 For any goods in wardrobes, drawers or appliances, or in a package,
bundle, carton, case or other container not both packed and unpacked by
- 11.3.10 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 £100 or its actual value whichever is less.
- 11.3.11 For electrical or mechanical derangement to any appliance, instrument,
clock, computer or other equipment unless there is evidence of related
- 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.
- 11.3.13 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 removable items unless lost with the vehicle
- 11.3.14 For any goods which have a pre-existing defect or are inherently defective.
- 11.4 No employee of ours shall be separately liable to you for any loss, damage, mis-
delivery, errors or omissions under the terms of this Agreement.
- 11.5 Our liability will cease upon handing over goods from our warehouse or upon
completion of delivery (see Clause 12.2 below).
12. Time limit for claims
- 12.1 For goods which we deliver, you must notify us in writing of any visible loss,
damage or failure to produce any goods at the time of delivery.
- 12.2 If you or your agent collect the goods, you must notify us in writing 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 as soon as such loss or damage is
discovered (or with reasonable diligence ought to have been
discovered) and in any event within seven (7) days 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
seven (7) days of delivery. Consent to such a request will not be
13. Delays in transit
- 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.
14. Our Right to Hold the Goods (lien)
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.
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.
- 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
- 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.
18. Advice and information for International Removals
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 national 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.
19. Applicable law
This contract is subject to the law of the country in which the office of the company issuing this contract is situated.
20. Your forwarding address
- 20.1 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 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.
21. 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 10 days of the date of our sending, or a reasonable period agreed between us, notifying us of any errors or omissions.
22. Revision of storage charges
We review our storage charges periodically. You will be given 3 months notice in writing of any increases.
23. 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 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 payments are up to date, we will not end this contract except by giving you three months notice in writing. If you wish to terminate your storage contract, you must give us at least 10 working days' notice (working days are defined in Clause 7 above). 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.