TERMS AND CONDITIONS
Terms of the contract between Southern Logistics Ltd trading as The Yellow
Van Company the Removal Company (“the Remover”) and you (“the Customer”)
explaining rights, obligations and responsibilities of both parties.
1. Introduction
“We” or “Us” is a reference to the Remover. “You” is a reference to the
Customer. “Goods” means the goods being removed and/or packed/unpacked and
“Services” means the relevant services we are providing to you pursuant to
these Terms and Conditions, such as domestic removal services, office
removals, packing services or storage services. These Terms and Conditions
can be varied or amended subject to prior written agreement. In clauses 5, 7, 8, 9, 10 and 11 we limit or exclude our
liability for loss and damage. We are insured for £10.000 under a removals
and goods in transit insurance policy. Should you require more than £10,000
worth of cover, we do recommend you arrange an additional insurance to
cover your Goods and premises.
2. Quotation/Estimate
2.1
Even though you have booked a specific time for your job, the arrival time
might be affected due to delays caused by circumstances that are beyond of
our control. (e.g., weather, traffic etc). We will try our upmost to fulfil
our commitment to be punctual and we will be in constant communication with
yourself at every step of the way and update you accordingly in the event
of delays.
2.2
Our quotation / estimate is valid for 30 calendar days from the date of
issue and is subject to availability of time and resources.
2.3
All quotations are provided as an estimate unless specified in advance in
writing as a fixed price service. We will use our reasonable endeavours to
complete the services in the estimated time, but any additional chargeable
hours will be included in the final invoice or an additional invoice.
2.4
There is a 2-hour minimum charge on all Our Services. After the minimum
period, our rates are charged in time blocks of 30-minute periods each.
2.5
You must advise us as soon as possible if you wish us to include any
additional Goods as part of the Services we are providing. Once advised, we
will advise you of any estimated price increase to the quotation /
estimate. The additional Goods will not be included in the work until we
have agreed the price increase with you.
2.6
These Terms and Conditions are subject to any written terms to the contrary
stated in the quotation / estimate and for the avoidance of doubt in the
event of any conflict, the terms of our quotation / estimate shall take
precedence over these Terms and Conditions.
2.7
Unless already included in our quotation / estimate, reasonable additional
charges will apply in the following circumstances:
2.7.1
We must collect or deliver Goods at your request above the ground floor and
first upper floor.
2.7.2
We supply any additional services, including moving or storing extra Goods
(these conditions apply to such work).
2.7.3
The entrance or exit to the premises, 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 metres of the
doorway.
2.7.4
We have to pay parking or other fees or charges (including fines where you
have not arranged agreed suspension of parking restrictions) in order to
carry out the Services on your behalf. For the purpose of these Terms and
Conditions, parking fines for illegal parking, caused by our negligence,
are not fees or charges and you are not responsible for paying them.
2.7.5
There are delays or events outside Our reasonable control which increase or
extend the resources or time allowed to complete the Services.
2.7.6
The work can be carried out on a Saturday, Sunday, or Public Holiday or
outside normal hours (08.00 – 17.30 hours) at your request, but extra
charges will apply. Please get in touch with our office for further
information.
2.8
You agree to pay any reasonable charges arising from the above
circumstances.
3. Work not included in our quotations/estimates
3.1 Unless previously agreed in writing we will not:
3.1.1
Dismantle or assemble unit-furniture (flat-pack), fittings or fitments
(save as provided for in clause 3.2.1)
3.1.2
Disconnect or reconnect appliances, fixtures, fittings, or equipment (save
as provided for in clause 3.2.2).
3.1.3
Take up or lay fitted floor coverings.
3.1.4
Take down or re-hang curtains, blinds, or other window coverings.
3.1.5
Move items from a loft, unless properly lit and properly floored and safe
access is provided.
3.1.6
Move any items excluded in clause 5.
3.1.7
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, and the like.
3.1.8
Undertake any work our removal staff is not authorised or qualified to
carry out, which may cause damage or injury, or move any item or items
which our removal staff reasonably believe they cannot move safely or the
removal of which may damage the item or items in question or its or their
surroundings. We recommend that a properly qualified and appropriately
insured third party person is separately contracted by you to carry out any
such tasks. For the avoidance of any doubt, where any our staff elects to
carry out any such tasks at your request, they do so without our consent
and without our authority and thereby in doing so are acting outside the
terms of their employment and are doing so at their own risk and we will
not be insured for any such tasks. Accordingly, in these circumstances, we
cannot be held liable to you for any property damage or injury, or other
losses sustained as a consequence.
3.1.9
Open or resealed paints, oils, lubricants, or other materials deemed by Us
to be unsafe for transport or storage or otherwise hazardous in any way.
3.1.10
Move storage heaters (unless dismantled) or loaded freezers or
refrigerators.
3.2
In certain circumstances, we may agree to carry out the following steps on
the understanding and strict condition that we shall not be held liable for
any damages or losses caused as a result: -
3.2.1
We may dis-assemble and re-assemble IKEA (and similar brands) flat pack
furniture. We will not however dis-assemble and re-assemble custom,
specialist, delicate, rare, or expensive pieces of furniture, we strongly
recommend that you contact the manufacturer, relevant retailer or other
suitable furniture expert for guidance in relation to dis-assembly and
re-assembly of such items before taking any such steps yourselves or
arrange for appropriate specialist independent contractors to carry out
such tasks; and
3.2.2
We may disconnect and reconnect dishwashers, washing machines, dryers, and
other electrical appliances, except fittings and fixtures. We take no
responsibility if any such appliances do not function correctly on
reconnection.
4. Your responsibility
4.1
Be present or represented throughout the course of the Services, including
the collection and delivery of the removal and arrange proper protection
for Goods left in unoccupied or unattended premises, or where other people
such as (but not limited to) tenants or workmen are, or will be present.
4.2
Prepare adequately and stabilize all appliances or electronic equipment
prior to their removal. We will not be liable for any loss or damage, costs
or additional charges that may arise from failure to discharge these
responsibilities.
4.3
Empty, properly defrost and clean refrigerators and deep freezers. We are
not responsible for the contents.
4.4
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.
4.5
When booking over the phone, email or online it is your responsibility to choose the correct size of van,
the number of movers and the amount of time required for the move.
We will give assistance on choosing the correct size of van, the number of movers and time by the articles we have on our website,
gif images and the experience of our agents on the phone.
But this will only be a best guess and we will not accept any liability for any extra time,
journeys or cost associated with the van size or time being incorrect.
4.6
No staff abuse will be tolerated. If the driver is forced to terminate a
job because of abuse from you, you will still be charged in full.
4.7
Provide us with a correct and up to date contact address and telephone
number during removal, transit and/or storage of Goods.
4.8
Arrange appropriate transport, storage or disposal of Goods listed in clause 4.
4.9
Take all reasonable steps to ensure that nothing that should be removed is
left behind and nothing is taken away in error.
4.10
We will not be liable for any loss or damage, costs or additional charges
that may arise from failure to discharge these responsibilities.
4.11
It is your responsibility to provide parking (reserve a space for the van
outside of property before our arrival or arrange a suspension or permit
where necessary with local council). If there is no pre-arranged parking
and our van receives a ticket, it will be your responsibility to pay the
fine to the driver at the end of job.
5. Excluded Property – Goods not to be submitted for removals
Unless previously agreed in writing by a director or other authorised
company representative, the following items must not be submitted for
removal and will under no circumstances be moved by us. The items listed
under 5.1 below may present risks to health and safety and
of fire. Items listed under 5.2 to 5.8 below carry other
risks and you should make your own arrangements for their transport.
5.1
Potentially dangerous, damaging, or explosive items, including gas bottles,
aerosols, paints, firearms, and ammunition.
5.2
Jewellery, furs, wines, spirits, watches, tobacco, cigars, cigarettes,
trinkets, precious stones or metals, cash and the like, bullion, deeds,
securities, mobile telephones, portable media and computing devices,
stamps, coins, or goods or collections of any similar kind, prepaid phone
cards and similar, bonds, fine art.
5.3
Goods likely to encourage vermin or other pests or to cause infestation or
contamination.
5.4
Perishable items and/or those requiring a controlled environment.
5.5
Any animals, birds, fish, reptiles, or plants.
5.6
Under no circumstances will any prohibited or stolen goods, drugs or
pornographic material be moved by Us.
5.8
Any other goods or items specifically excluded from cover from time to time
by our Goods in Transit insurance policy.
5.9 Inspection of goods and disposal of certain goods
5.9.1
We reserve the right to open or inspect Goods to ensure compliance with clause 4 above or in the interests of health, safety, or
security.
5.9.2
If upon opening or inspecting the Goods we on reasonable grounds believe
that the customer is in breach of clause 4.1 to 4.8 above or that the Goods pose a threat to
health, safety, or security we shall be entitled (without prejudice to any
other rights it may have) to dispose of the Goods forthwith without
compensation to you.
5.9.3
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 may dispose of any such Goods found in the consignment. You agree
to pay us any charges, expenses, damages, legal costs, or penalties
reasonably incurred by us in disposing of the Goods (including in relation
to any court applications which may be required).
6. Our responsibility
6.1
It is our responsibility to deliver your goods to you, or produce them for
your collection, undamaged. By “undamaged” we mean in the same condition as
they were in at the time when they were packed or otherwise made ready for
transportation and/or storage.
6.2
In the event that we have undertaken to pack the goods, or otherwise make
them ready for transportation and/or storage, it is our responsibility to
deliver them to you, or produce them for your collection, undamaged. Again,
by “undamaged” we mean in the same condition as they were in immediately
prior to being packed/made ready for transportation or storage.
6.3
We will provide you with a “job completion form” that we will kindly
request that you complete it as soon as the job is finished. The completed
form should be handed back to the driver and any complaints need to be made
before the driver leaves the job. Any complaints made after the driver
leaves; we will not be responsible for any damages. We will not be able to
offer any type of compensation as it is not possible to accurately confirm
liability.
7. Ownership of the goods
7.1
By entering into this Agreement, you guarantee that:
7.1.1
The goods to be removed and/or stored are your own property, or
7.1.2
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.
7.1.3
You will pay us for any claim for damages and/or costs brought against us
if either warranty 7.1.1 or 7.1.2 is not true.
8. Charges if you postpone or cancel the removal
8.1 Customers wishing to make changes to their booking may do so if they give at least 2 working days’ notice in writing of the booked arrival time. Any changes with less than 2 working days notice will be chargeable at our discretion.
8.2
Customers wishing to cancel any bookings that were made with less than 48
hours' notice, it's up to the company’s discretion whether to refund the full
amount.
8.3
Any job not paid upon completion will be subject to a discretionary 100%
surcharge.
8.4
We reserve the right to change or cancel any bookings.
9. Payment
All payments must be made by credit or debit card, payable prior to
arrival. Any other kind of payment must be agreed on and made at least 7
days prior to the moving day.
9.1
Unless otherwise agreed by us in writing:
9.1.1
Payment is required by cleared funds in advance of the removal or storage
period.
9.1.2
You may not withhold any part of the agreed price.
9.1.3
In respect of all sums which are overdue to us, we will charge interest
daily calculated at 4% per annum above the prevailing base rate for the
time being of the Bank of England.
10. Determination of amount of our liability for loss or damage
10.1
Standard Liability.
10.1.1
If you provide us with a declaration of the value of your goods that have
been lost or damaged during the move.
10.1.2
In the event of loss of or damage to your goods 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, considering the age, condition and value you
declared of the goods immediately prior to their loss or damage.
10.1.3
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.
10.1.4
In the event of our liability to you representing the full value of an
item, we may at our option remove it. Where items are capable of repair for
a sum less than the replacement cost, considering the age and condition,
the repair cost will be our maximum liability.
10.1.5
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, considering
their age and condition immediately prior to their loss or damage.
11. Damage to premises or property other than goods
11.1
Because third party contractors are frequently present at the time of
collection or delivery our liability for loss or damage is limited as
follows:
11.1.1
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.
11.1.2
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.
11.1.3
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 “the job completion form” as soon as the job is completed.
This is fundamental to the Agreement.
12. Exclusions of liability
12.1
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.
12.2
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: -
12.2.1
Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or
Electronically held Data Records, Mobile Telephones
12.2.2
Plants or goods likely to encourage vermin or other pests or to cause
infestation or contamination.
12.2.3
Perishable items and/or those requiring a controlled environment.
12.2.4
Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and
Metals, Money, Coins, Deeds.
12.2.5
Any animals, birds, or fish.
12.2.6
Loss of structural integrity of furniture constructed of particle board
resulting from crumbling of the board.
12.3
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: -
12.3.1
Loss or damage arising from ionising radiations or radioactive
contamination
12.3.2
Loss or damage arising from Chemical, Biological, Bio-chemical,
Electromagnetic Weapons and Cyber Attack
12.3.3
Indirect or consequential loss of any kind or description
12.3.4
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.
12.3.5
By vermin, moth, insects and similar infestation, damp, mould, mildew, or
rust
12.3.6
By cleaning, repairing or restoring unless we arranged for the work to be
carried out.
12.3.7
By change to atmospheric or climatic conditions.
12.3.8
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.
12.3.9
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. 12.3.10 For electrical or mechanical derangement to any
appliance, instrument, clock, computer or other equipment unless there is
evidence of related external damage.
12.3.11
Loss or damage of motor vehicles caused by scratching, denting and marring
unless you obtain from us a pre-collection condition report.
12.3.12
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
12.3.13
For any goods which have a pre-existing defect or are inherently defective.
12.4
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.
12.5
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.
13 Time limit for claims
13.1
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 by
using our “job completion form”.
13.4
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 unreasonably
withheld.
14 Delays in transit
14.1
Other than by reason of our negligence or breach of contract, we will not
be liable for delays in transit.
14.2
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.
15. Our Right to Hold the Goods (lien)
We shall have a right to withhold and/or ultimately dispose of some or all
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.
16. Our right to sub-contract the work
16.1
We reserve the right to sub-contract some or all 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
work and the location in respect of storage.
17.2
Unless it has been specifically agreed otherwise in writing in our
Quotation, other space/volume/capacity on our vehicles 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 seven days after sending it
to your last address recorded by us.
19.2
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.
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 10
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 3 months’
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 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
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. Termination
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. 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.