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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.