TERMS and CONDITIONS
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These conditions explain the rights, obligations and responsabilities of all parties to this Agreement. The word "you" or "your" means the Customer; "we", "us" or "our" means Morton Removals Ltd. These terms and conditions can be varied or amended subject to prior written agreement.
For your information - The Quotation
The basis of the cost we charge you is our Quotation. To arrive at a fair price we take the trouble to visit you at your outgoing property (i.e. the property from which we are removing your goods) and discuss your requirements in great depth. This includes inspecting the outgoing property to assess what issues need to be resolved (such as access and parking) and any practical problems need to be overcome (such as moving large objects through narrow doorways and awkward stairways).
We also look at all of the items you wish us to move to ensure that we will have the correct equipment and suitably trained personnel available. This is particularly important for heavy items such as pianos.
We rely on you to disclose all information relevant to the move including any unusual or difficult requests. This is very important as unexpected requests that are made on the day of the move may either be impossible to carry out, or may require additional manpower or equipment. They may also extend the time required to complete the move which could materially affect our other customers.
While we would endeavour to meet these additional requirements we could not absolutely guarantee this and any such requests would incur extra cost.
Similarly it is particularly important that you give us a detailed as possible description of the destination address (i.e. the property to which we are taking your goods). Unlike the outgoing address, we cannot make an on-the-spot assessment of any practical problems and issues that may need to be overcome in order to move your goods into the destination property. This again includes points such as parking and access and awkward features such as narrow stairways, etc.
For destination addresses that are apartments or flats located at first floor level or above, it is usual to expect lift access capable of carrying all items of furniture, etc to the front door level.
If you are in any doubts you should request us to make a destination address survey prior to accepting our quotation.
Although we are able to build most requests and circumstances into our quotation, there are always going to be some things which we are not equipped to take care of or are unable to do so for legal or health and safety reasons. These are listed in Clause 2.
For your information - Liability and Insurance
Like all removal companies, Morton Removals work on the principle of limited liability. This is necessary because we have no prior knowledge of the value or condition of the goods we are carrying and handling. This means that in the rare event of any damage or other incident, our liability to you is limited to the conditions set out in Clause 8. These conditions include provisions for negligence etc.
Certain items are always excluded from such liability. These are again set out in Clause 4 and it is your responsibility to make your own arrangements in these cases.
You are advised to take out extra insurance if you feel that our standard insurance is insufficient for your needs - you may also be covered by your own Household Contents Insurance and you should check with your insurance provider.
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THE TERMS AND CONDITIONS
1. QuotationThe removal quotation issued by us is a fixed price. It is based on our face-to-face assessment of your requirements, includes costs for all eventualities disclosed by you and applies to the dates agreed with you. It does include us accepting liability for goods, subject to the provisions of Clauses 8, 9 and 10. But does not include additional insurance, customs duties and inspections or any other fees payable to government bodies.
If further services are required or additional requests are made more than 14 days prior to the move, the original quotation becomes null and void and new inclusive quotation will be issued and will then become applicable to the move.
At all times a quotation is not binding and a booking and therefore commitment has not been made until you confirm the quotation to us in writing.
We may change the quoted price for the removal or make additional charges if any of the following have not been taken into account when preparing the quotation:
(a) By reason of your delay, the removal is not carried out or completed within three months of the date of acceptance of the quotation.
(b) The work is carried out on a Saturday, Sunday or Public Holiday at your request.
(c) We have to collect or deliver goods from/to above the ground and first upper floor of a property.
(d) We supply any additional services not included or requested to be included in the quotation, including moving or storing extra goods (these conditions will apply to such work in any event).
(e) The stairs, lifts or doorways at the outgoing/destination properties are inadequate for free movement of the goods without the need for mechanical equipment or structural alteration, or the approach, road or drive to the property/ies is unsuitable for the our vehicles and/or containers to get to and load and/or unload within 20 metres of the doorway, and as a result we have to carry out extra work not included within the quotation.
(f) Any parking or other fees or charges that have to be paid by us in order to carry out the removal services on your behalf.
(g) There are delays or events outside our reasonable control.
In any such circumstances, adjusted charges will apply and become payable.
If for reasons beyond our control, circumstances are encountered such as not arriving at or having access to the destination property due to customer travel complications / delays from estate agents or lawyers, we reserve the right to charge a fee per working day for storage & delivery.
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2. Work excluded from the quotation
We will not:
a) Dismantle or assemble units or system furniture (flat pack), fitments or fittings.
b) Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment.
c) Disconnect or re-connect gas powered appliances and equipment.
d) Take up or lay fitted floor coverings.
e) Move items from a loft, unless properly lit and floored and safe access is provided.
f) Move or store any items excluded under Clause 4.
Our staff are not authorised or qualified to carry out such work particularly as applied to gas or electrical appliances and equipment. We recommend that a properly qualified person is separately employed by you to carry out these services. If our staff agrees to carry out such work without our agreement, we will not be liable for any loss or damage.
3. Your Responsibilities
It will be your sole responsibility to:
a) Declare to the us the value of the goods being removed and/or stored - this is essential to assess the insurance risk and advise on any additional cover that may be required.
b) If we advise that additional insurance cover should be taken this should be arranged prior to the removal date and should offer adequate insurance cover for the goods submitted for removal, and/or storage, against all insurable risks.
c) Obtain at your own expense, all documents, permits, and licences necessary for the removal to be completed.
d) Be present or represented throughout the removal.
e) Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error. This is particularly important in rental properties where certain items remain the property of the landlord/owner.
f) 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.
g) Prepare and properly stabilise all appliances or electronic equipment prior to their removal.
h) Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents of this equipment.
i) Provide us with a contact address for correspondence and a mobile phone number for communication during removal of goods.
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.
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4) Goods not to be submitted for removal
The following items must not be submitted for removal/storage and will under no circumstances be moved or stored by us. The items listed under a) below may present risks to health and safety and fire. Items listed under b) to e) below carry other risks and you should make your own arrangements for their transport and storage.
a) Phohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items including gas bottles, aerosols, paints, firearms and ammunition.
b) Jewellery, watches, trinkets precious stones or metals, money, deeds, securities, stamps, coins or goods or collections of any kind.
c) Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
d) Perishable items and/or those requiring a controlled environment.
e) Any animals, birds or fish.
If you submit such goods without our knowledge, we will not be liable for loss or damage under any circumstances. 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 agree to pay to us any charges, expenses, damages, legal costs or penalties incurred by us.
5) Ownership of Goods
By entering into this contract you declare that:
a) The goods to be removed and/or stored are your own property, or
b) 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.
You will meet any claim for damages and/or costs against us if these declarations are not true.
6) Cancellation Charges
Although we acknowledge that unforeseen circumstances can occur and plans have to be changed, in entering into this agreement with us we make available vehicles and personnel to the exclusion of other customers in order that we can fulfil this agreement.
We therefore reserve the right to make the following charges if this agreement is unilaterally cancelled or postponed by you:
a) More than 10 days before the removal is due to take place - No Charge
b) Less than 10 days but more than 5 days before the removal is due to take place - 20 percent of the quotation price.
c) Less than 5 days before the removal is due to take place - 30 percent of the quotation price
d) On the removal day - 50 percent of the quotation price.
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7) Payment
Unless otherwise agreed by us in writing:
a) to confirm your booking, payment of 10 percent of the quotation price may be required with your signed quotation.
b) Subject to prior agreement we will also accept cash and direct funds transfers directly into our bank account.
c) You may not withhold any part of the agreed price for any reason.
d) In respect of all sums which are overdue to us, we will charge interest calculated at 4% above the prevailing bank base rate.
8) Our liability for loss or damage
8a) - Standard Insurance
Our standard insurance provides a maximum cover figure of £25,000 in respect of the total value of any claim.
The key requirement for maximum benefit from this insurance is that you declare the value of every individual item where the value of that item exceeds £40.
For the purposes of this clause, reference to an item is reference to any one article, suite, pair, or set.
If such a declaration is made, you agree that our full liability for loss or damage is subject to the following condition:
a) In the event of loss of or damage to your goods, we will pay a sum equivalent to the cost of their repair or replacement up to the value of the item or item in like condition and similar age, and subject to our agreed overall limit liability.
If such a declaration is not made at all or a specific item is not declared our full liability for loss or damage is subject to the following condition::
b) In the event of loss of or damage to your goods, we will pay a sum equivalent to the cost of their repair or replacement up to a maximum of £40 for any one item.
Both of these clauses are further subject to Clause 9) below.
8b) - Enhanced Insurance/Self Insurance
If you choose to take out our enhanced insurance and/or you taken out your own insurance (which includes using your standard Home Contents Insurance as cover) any compensations will be subject to the terms and conditions of that cover and our Standard Insurance terms do not apply.
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9) Exclusions of liability
Other than by reason of the our negligence, we will not be liable for
a) any loss, damage or failure to produce or deliver the goods if this is caused by one or other of the circumstances set out in the following:
i) By fire, howsoever caused.
ii) 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.
iii) 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.
iv) By moth or vermin or similar infestation.
v) By cleaning, repairing or restoring.
vi) To any goods in wardrobes, drawers or appliances, or in a package, bundle, case or other container not both packed and unpacked by us.
vii) For electrical or mechanical derangement to any appliance, instrument or equipment unless there is evidence of external impact.
viii) To jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of a similar kind, howsoever caused, unless you have previously given us full particulars with value, and we have confirmed in writing that we accept responsibility as in condition 8(a) above. You should also be aware of Clause 4).
ix) To any goods which have a relevant proven defect or are inherently defective.
x) To animals and their cages or tanks including pets, birds or fish.You should also be aware of Clause 4).
xi) To plants.You should also be aware of Clause 4).
xii) To refrigerated or frozen food, drink, products or goods.
b) Other than by reason of our negligence, the we will not be liable for damages or costs resulting indirectly from, or as a consequence of loss, damage, or failure to produce the goods.
c) No single employee of Morton Removals shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this contract.
10) Time limit for claims
a) 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.
b) If you or your agent collects the goods, you must notify us in writing of any loss or damage at the time the goods are handed to you.
c) Notwithstanding clauses 8 and 9 we will not be liable for any loss of or damage to the goods unless a claim is notified to us in writing as soon as such loss or damage is discovered and in any event within two (2) days of delivery of the goods.
d) The time limits referred to in clauses 10a) 10b) and 10c) above shall be essential to the contract.
e) Upon your written request we may, at our discretion, agree to extend your time for compliance with clause 10c) PROVIDED your request is received within the time limits provided.
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11) Damage to premises or property other than goods.
a) If we cause loss or damage to premises or property other than goods for removal/storage as a result of our proved negligence, our liability shall be limited to make good the damaged area only and we shall not be liable for the cost of matching or repairing any undamaged areas.
b) If we cause damage as a result of moving goods under your express instruction, against our advice, and to move the goods in the manner instructed will inevitably cause damage, we shall not be liable.
c) If we were responsible for causing damage to your premises or to property other than goods submitted for removal/storage, you must note this on the worksheet or delivery receipt as soon as practically possible or within reasonable time. This is fundamental to this agreement.
12) Delays in Transit
a) Other than by reason of our proved negligence, we will not be liable for delays in transit. We do not guarantee a delivery date but endeavour to deliver the goods on time. This is due to reasons that may occur beyond our control i.e. Delays/Cancellations of Ferries / Blockades / and regional road restrictions.
b) If through no fault of ours we are unable to deliver your goods, we will take them in store. Our obligations to deliver under this Agreement will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense and subject to these terms and conditions.
13) Our right to Hold the Goods (lien)
We shall have a right to withhold some or all of the goods until you have paid all of the charges and any other payments due under this or any other Agreement. These include all 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 the terms and conditions shall continue to apply.
14) Our right to sell or dispose of the goods
If payment of any of our charges relating to your goods is in arrears, and on giving you three (3) 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 reserve the right to 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.
15) Disputes
If there is a dispute arising from this agreement, which cannot be resolved by agreement or any applicable Alternative Dispute Resolution Scheme, either you or Morton Removals may refer it to Arbitration with disputes being determined by an arbitrator appointed by the Chartered Institute of Arbitrators. The identity of the Arbitrator to be agreed between you and Morton Removals.
16) Our right to sub-contract the work
a) We reserve the right to sub-contract some or all the work.
b) If we sub-contract then these conditions will still apply.
17) Route and method
a) We have the right to choose the method and route by which to carry out the work.
b) Unless it has been specifically agreed in writing in our Quotation, other space/volume/capacity on our vehicles may be utilized for consignments of other customers.
18) Advice and Information
Advice and information in whatever form it may be given is provided by the company for the customer only. Any oral advice and information given without special arrangement provided in good faith and without contractual liability unless we are negligent.
19) Applicable Law
This contract is subject to UK Law.
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EXTRA CONDITIONS THAT APPLY TO STORAGE OF GOODS
20) Forwarding Addressa) If you send goods to be stored you must provide us with a correspondence address for letters and notify us if it changes. All correspondence and notices will be considered to have been received by you seven days (7) after posting to the last address recorded by us.
b) If you do not provide an address or respond to our correspondence or notices, they may publish such notices in a public newspaper in the area to or from which the goods were removed.
21) List of Goods (Inventory) or Receipt
Where we produce a list of your goods (an inventory) or a receipt and sends it to you, it will be accepted as accurate unless you write to us within seven (7) days of receipt, notifying us of any errors or omissions.
22) Revision of Storage Charges
We may review our storage charges periodically. You will be given twenty eight (28) days notice in writing of any increases.
23) Right to Sell or Dispose of the Goods
On giving you twenty eight (28) days 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 debts due to us we are entitled to 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 with us and any eventual surplus after settlement of all money (and charges) due to us will be paid to you (without interest).
24) Termination
If payments are up to date we will not end this contract except by giving you three (3) calendar months notice in writing. If you wish to terminate your storage contract, you must give us at least fourteen (14) days notice. If they can release the goods earlier, they 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.
25) Hand out chagres
If you make your own arrangements to collect the goods from our warehouse we are entitled to make a charge for handing them over. Our liability will cease upon handing over the goods.
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