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Terms and Conditions of Basingstoke Moves.Com - as from 7.2.06

These conditions set out the terms of the contract between BasingstokeMoves.com (the Contractor) and you (the Customer) and explain your rights and obligations and responsibilities and those of the Contractor.

1. Interpretation
1.1 Any reference in these conditions to “we” or “us” is a reference to the Contractor.
  Any reference in these conditions to “you” is a reference to the Customer.
1.2 Any reference to "Insurance Option" is to the insurance option set out in Clause 9A
1.3 "goods" means the goods being removed and/or stored.
2. Quotations
2.1 Quotations include Value Added Tax but do not include any other customs duties levies or fees payable to government or other statutory bodies e.g. Congestion and Toll Charges and all such duties or fees (if any) will be payable by you in addition to the quoted price.
2.2 Although we quote a fixed price we reserve the right to amend it or make additional charges if any of the following have not been taken into account when preparing the quotation:
2.2.1 If due to any circumstances outside our control the work is not carried out or completed within one month of the quotation date.
2.2.2 Our costs increase as a result of changes in VAT rate or diesel charges.
2.2.3 We have to collect or deliver goods above or below the ground floor [unless we have otherwise agreed in writing e.g. stated this in our quote].
2.2.4 We supply any additional services. You must check carefully any list of things to be moved which we will send to you. Additional items not listed will be charged for. Boxes specified to be moved by you must be, on average, no greater than 0.1 cubic metres.
2.2.5 There are delays outside our reasonable control in which event we will make an additional charge for waiting time calculated at the rate of £25 +VAT per hour per crew member.
2.2.6 Access to the collection or delivery point is inadequate or the approach is unsuitable for our vehicles.
2.2.7 Any parking or other fees or charges that we have to incur and pay in order to carry out the services you require. In all these circumstances you will be responsible for the extra charges.
2.3 The Insurance Option will only apply if it is stated on the Quotation. A summary of the insurance cover maintained by us and any main exclusions from the cover can be viewed by clicking here or is available upon request.
2.4 Our quotation is not a guarantee that we will have vehicles/manpower available on the day you require. Accordingly your signed acceptance of our quotation does not constitute a contract between us until you have our written confirmation that we can move your goods on your required date. We will endeavour to send any written confirmation within one working day of our receipt of your acceptance of our quotation.
3. Work excluded from our quotations
  Unless previously agreed in writing we will not:
3.1 Dismantle or assemble unit-furniture (flat-pack), fittings or fitments (and in any event these works will not be covered by any insurance provided).
3.2 Disconnect or reconnect appliances, fittings or equipment, including taking them out from or putting them back under kitchen work tops.
3.3 Remove or lay fitted floor coverings.
3.4 Take down or re-hang curtains, blinds or other window coverings.
3.5 Move night storage heaters unless they are dismantled.
3.6 Move or store any items excluded under Clause 4.
3.7 Move any item or items which our removal crew reasonably believe they cannot move safely [this includes boxes which are too heavy for one person/two people to comfortably carry (16kg/32kg respectively)] or the removal of which may damage the item or items in question or its or their surroundings.
4. Excluded Property
  The following items are specifically excluded from this contract and will not be removed:
4.1 Jewellery, watches, trinkets, precious stones, money, deeds, securities, stamps, coins, or goods or collections of a similar kind.
4.2 Potentially dangerous, damaging or explosive items.
4.3 Goods likely to encourage vermin or other pests or to cause infection.
4.4 Refrigerated or frozen food or drink.
4.5 Any animals and their cages or tanks including pets, birds or fish.
4.6 Cars, boats and caravans.
4.7 Furs, perfumery, wines, spirits, tobacco, cigars, cigarettes, foodstuffs, perishable goods or any kind of explosives.
4.8 Unless otherwise agreed in writing, items that will not fit into the lift where it is noted on the quote that a property has a lift.
    Such goods will not be removed by us except with our prior written agreement. If you submit such goods without our knowledge and prior written agreement we will not be liable for any loss or damage except when death or injury is caused by our negligence or that of our employees or agents and you will indemnify us against any charges, expenses, damages or penalties claimed against us by third parties. In addition we shall be entitled to dispose of (without notice) any such goods which are listed under paragraphs 4.2, 4.3, 4.4, 4.5, & 4.7.
4.9 Breakage of property you have packed unless the box or container shows signs of external damage. You must preserve the evidence by doing no further unpacking of any such boxes, as soon as the breakage is discovered, to allow us a reasonable opportunity to examine them.
5. Customer's responsibility
  It is your sole responsibility to:
5.1 Declare to us the proper value of the goods.
5.2 Obtain at your expense all documents necessary for the removal to be completed.
5.3 Be present yourself or appoint a representative at the departure and destination points to ensure that nothing is removed or left in error or is left in the wrong room.
5.4 Prepare adequately, disconnect, and stabilise all appliances prior to their removal.
  Other than by reason of our negligence we will not be liable for any loss or damage, costs or additional charges that may arise from any of these matters.
6. Ownership of the goods
  By entering into this contract you confirm to us that:
6.1 The goods to be removed are your own property; or
6.2 You have the authority of the owner of the property to make this contract in respect of the goods to be removed or stored.
  You will be responsible to pay for any claim for damages and/or costs against either of the above if this proves to be untrue.
7. Postponements/Cancellations
  If you [see clause 10 for situations where it is us] postpone or cancel this contract we may charge according to how much notice you provide prior to the agreed removal/packing date:
7.1 Between 4-7 days (96-168 hours) prior to the start of the move: 50% of the total removal/packing charges.
  3 days (48 to 96 hours): 75% of the total removal/packing charges.
  1-2 days (24 to 48 hours): 90% of the total removal/packing charges.
  Less than 24 hours: 100% of the total removal/packing charges.
8. Payment of Removal Charges
8.1 Unless you have our written agreement to the contrary [in which case payment is due within 14 days of the invoice] you must pay a 50% deposit so we have cleared funds at the time of booking, and the balance of 50% so we have cleared funds by the time we start a move. Interest at 2% per month calculated on a daily basis, is charged on all overdue accounts.
8.2 We reserve the right to terminate this contract if payment is not received before the agreed payment date, and not to carry out any services quoted for. Failure to comply with our payment terms will also mean that your goods are not insured.
9. Our liability for loss or damage
9.1

In the event of our losing or damaging your goods, if we are liable, we will pay you up to a maximum of £40 for each item which is lost or damaged, to cover the cost of repairing or replacing that item. In this respect an item is defined as any one article, suite, pair, set, complete case, package, carton or other container.

  9.1.1 Prior to the commencement of work and subject to our having received your itemized valued inventory we may agree to increase our liability, for an additional charge. We will not unreasonably withhold consent to such a request. This is not insurance cover and your attention is drawn in this respect to the "Insurance Option" clause 9A below.
9.2 We may choose to repair or replace the damaged or lost item. However, if we chose to repair the item we will not be liable for any depreciation in value.
9.3 Other than because of our negligence, we will not be liable for any loss, damage or failure to deliver the goods if it is caused by any of the following circumstances:
9.3.1 Fire however caused
9.3.2 War, invasion, acts of foreign enemies, hostilities, civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control.
9.3.3 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.
9.3.4 Cleaning, repairing or restoring unless we did the work.
9.3.5 Moth or vermin or similar infestation
9.3.6 Electrical or mechanical derangement to any appliance, instrument or equipment unless there is evidence of external impact.
  9.4 Additionally we will not be liable for any loss or damage to:
  9.4.1 Any goods in wardrobes, drawers or appliances, or in a package or bundle case or other container both packed and unpacked by us.
  9.4.2 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 writing that we will accept responsibility in accordance with 9.1 above.
  9.4.3 Goods which have an relevant proven defect or are inherently defective.
  9.4.4 Animals including their cages or tanks including pets, birds or fish.
  9.4.5 Plants
  9.4.6 Refrigerated or frozen food or drink.
  9.5 Other than because of our negligence, we will not be liable for damages or costs resulting indirectly from, or as a consequence of loss, damage, or failure to deliver the goods.
  9A This condition applies only if you have chosen the "Insurance Option" at the time of booking the move [this will be confirmed on the quotation/invoice]. In that event, the following provisions of 9A shall apply:
  9A.1 We shall take out and maintain a contract of insurance in accordance with the summary of terms [click on the link to view] providing cover to us for the goods and for the purposes of such insurance cover.
  9A.2 If loss or damage occurs to the goods as a result of any matter which may result in a claim under such insurance cover, we shall notify the insurer promptly of the claim and in any event within 2 business days of receipt from you of a written direction to notify a claim using the form which we will provide to you. For the purposes of processing any such claim you shall provide us, the insurer or any agent of the insurer appointed by the insurer to investigate such claim with such information and existence as may reasonably be required in relation to the claim. We will also provide to you, or to the insurer or any agent of the insurer, with such information or assistance in relation to the claim as may reasonably be required. In addition, we will send to you a copy of all correspondence with the insurer or any agent of the insurer relating to the claim (including the notification). While we will, in accordance with the previous provisions of this paragraph, notify claims to the insurer, we are not under any circumstance obliged to start or threaten to start any legal proceedings in relation to any such claim (unless specifically agreed with you in writing).
  9A.3 In the event that we make a claim under such insurance in respect of damage or loss caused to the goods, we shall pay or arrange for payment to you that part of any proceeds of such claim made by us which relates to such damage or loss to the Goods after deduction of any outstanding sums due to us from you. For the avoidance of doubt, You acknowledge that our liability in respect of any claim under such insurance cover is restricted to the payment to You of those sums which we recover which relate to the Goods.
  9A.4 We do not give any advice concerning the insurance cover referred to in Condition 9A.1 and it is for you to make your own judgment whether such insurance is appropriate to cover the Goods and risk to them.
  9A.5 Nothing in Condition 9A shall make us Your agent.
10. Delays/Postponements/Cancellations by Us
10.1 Unless we give a specifically agreed written timescale then arrival and departure times are an estimate only.
10.2 If we do not keep to an agreed written time scale schedule or postpone or cancel the move and any delay is within our reasonable control we will pay your reasonable expenses which arise as a result of our not keeping to the agreed written time schedule. If through no fault of ours we are unable to deliver your goods, we will take them into storage of your reasonable choice. This contract will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense.
11. Damage to premises
11.1 We shall only be liable for damage to premises caused by our negligence. Any damages to premises must be confirmed in writing to us as soon as possible and whenever possible within seven days unless you request a reasonable extension which we agree in writing.
12. Time limits for claims
12.1 We will not be liable for any loss or damage to any goods unless any claim for loss or damage is notified to us in writing as soon as possible and within 7 days of delivery by us to their destination, unless you request a reasonable extension which we, and the insurers if applicable, agree in writing.
13. Our rights to withhold or dispose of goods
13.1 We have a legal right to withhold or ultimately dispose of some or all of the goods until you have paid all our charges and other payments due under this contract. 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 as a result of our withholding your goods and these terms and conditions will continue to apply.
14. Disputes
14.1 If there is a dispute arising from this agreement which cannot be resolved either you or we may refer it to the Conciliation Service provided by The National Guild of Removers and Storers ("the Guild"). A referral of any matter to the Guild by us does not affect your right to pursue the matter through the Court.
14.2 We participate in the Removals Industry Ombudsman Scheme ("the Scheme"). In the event that you are not satisfied with the result of the Conciliation Service referred to above you are entitled to refer the matter to the Ombudsman subject always to the rules of the Scheme from time to time.
15. Sub-contracting the work
15.1 We reserve the right to sub-contract some or all of the work for which we have provided a quotation without reference to you.
15.2 If we sub-contract these conditions will still apply in full.
16. Storage services
 

The following terms in addition to all other terms set out in this document will apply to all contracts for the storage of goods:-

  16.1 If you require storage facilities you are obliged to provide a forwarding address and notify us in writing if it changes. All correspondence and notices will be deemed to have been received by you seven days after posting it to the last forwarding address recorded by us.
  16.2 The manner in which goods are transported and whether we use conventional or containerised storage shall be within our sole discretion unless otherwise confirmed in writing.
  16.3 Where we provide an inventory of goods stored on your behalf it will be accepted as accurate unless you provide us with written notice of any errors or omissions within 14 days of our posting the inventory to you.
  16.4 All charges for storage services are payable in advance. All our charges including removal charges must be paid in full in cleared funds before any goods are released from storage and we shall be entitled to exercise a lien over those goods until we receive payment of all charges due from you to us.
  16.5 We review our storage charges periodically. You will be given 28 days' notice in writing of any increases following which our revised rates as notified will apply. We will always act reasonably in reviewing our storage charges.
  16.6

On giving you 28 days' notice we are entitled to require you to remove your goods from our custody and pay all money due to us. Any such notice will tell you that we will dispose of your goods three months thereafter if you fail to pay all outstanding sums due to us and, in that event, we will do so 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.

  16.7 If your payments are up to date we will not end this contract except by giving you three calendar months' notice in writing. If you wish to terminate your storage contract you should give at least 14 days' notice. Whilst we will use reasonable endeavours to arrange the release of your goods on the dates you require, specific dates cannot be guaranteed.
  16.8 If you choose someone else to collect your goods from our storage facilities we are entitled to make a charge for handing them over. Our responsibility for such goods will cease upon their being handed over to your chosen representative.
17. Whole agreement
17.1 These Terms and Conditions together with our quotation are intended to form the whole agreement between us and to prevail over any verbal discussions. Should we mutually agree to any variation of these terms such variation should be confirmed in writing. Any variation however agreed shall never invalidate the remainder of these Terms and Conditions. This does not, however, exclude you or us from any liability for any misrepresentations made.
18. Jurisdiction
18.1 This contract is subject to the laws of England and Wales if our principal place of business is situated in England or Wales, or to the laws of Scotland if our principal place of business is situated in Scotland.
18.1 For details of our previous terms and conditions please see below

Terms applicable as at :-

7th September 2005 to 6th February 2006 - click here

1st February 2005 to 6th September 2005 - click here

 

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