Terms and Conditions
28 March 2017
Meadows International Removals
Standard Liability Terms and Conditions
These conditions explain the rights and obligations and responsibility of ‘you’ – the Customer – and those of ‘us’ – the Contractor.
1. OUR QUOTATION
Unless otherwise stated, our quotation does not include any custom duties, inspections, Taxes payable to government or other statutory bodies, or any other fees. We reserve the right to amend the prices or make additional charges if circumstances are found to apply which have not been taken into account when preparing our quotation.
2. WORK NOT INCLUDED IN THE QUOTATION
Unless previously agreed in writing we will not; Dismantle or assemble unit or system furniture (flat-pack), fixture and fittings.
3. EXCLUDED GOODS
The following items are specifically excluded and must not be submitted for removal or storage under any circumstances; Jewellery, watches, trinkets, precious stones, metals, money, deeds, securities, stamps, coins or goods or collections of any similar kind. Prohibited or stolen goods, drugs, pornographic material, potentially dangerous damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition. Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination. Perishable items and/or those requiring a controlled environment. Any animals and their cages or tanks including pets, birds or fish. Goods which require special or government permission for export or import. Breakage of owner packed property unless the box or container shows signs of external damage.
4. YOUR RESPONSIBILITY
It is your sole responsibility to: Declare to us, in writing, the value of the goods being removed and/or stored. Be present or represented during the collection and delivery of the removal. Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error. Provide us with a contact address for correspondence during the removal transit and/or storage of goods. By entering into this agreement you guarantee that the goods to be removed or stored are your own property or the person(s) who own or have interest in them have given you authority to make this contract and have been made aware of these conditions.
5. REGULAR LIABILITY
If you provide us with a declaration of the value of your goods the amount of our liability to you will be as follows: In the event of loss or damage caused by our negligence or breach of contract, our liability to you will be assesses as a sum equivalent to the cost of their repair or replacement, taking into account the age and condition of the goods immediately prior to their loss or damage but subject to the maximum liability of £25,000 (unless we have agreed a higher amount with you in writing). Where the lost or damaged item is part of a set, our liability to you, where it is assessed to be the cost of replacement of that item, it is to be assesses 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. If you do not provide us with a declaration of the value of your goods or do not require us to accept Regular Liability, then in the event that we lose or damage your goods through our negligence or our own breach of contract, we will pay you up to a maximum of £40.00 sterling 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. We may choose to repair or replace the damaged or lost item. If we choose to repair the item we will not be liable for any depreciation in value. 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: By war, invasion, acts of foreign enemies, hostilities (where 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. Fire or gradual deterioration, leakage or evaporation from perishable or unstable goods. This includes goods left within furniture or appliances. By vermin, moth insects or unless there is evidence of related external damage. For any goods which have a pre-existing defect or are inherently defective. Loss of or damage to china, glassware and fragile items unless they have been professionally packed and unpacked by us or our subcontractor. 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. Indirect or consequential loss of any kind or description. For goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies. No employee of the company shall be separately liable to you for any loss, damage or failure to produce any goods at the time of delivery. Our liability will cease upon handing over goods from our warehouse or upon completion of delivery.
6. DELAYS IN TRANSIT
We will not be liable for delays in transit, other than by reason or our negligence or breach of contract. If we are unable to deliver your goods through no fault of our own, we will take then into store. This contract will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense.
7. SUB CONTRACTING THE WORK
We reserve the right to sub-contract some or all of the work. If we sub-contract, then these conditions will still apply.
8. ROUTE AND METHOD
We have the right to choose the method and route by which to carry out the work. Other space/volume/capacity on our vehicles and/or the container may be utilised for consignments of other customers, unless it has been specifically agreed otherwise in writing.
9. 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 is based upon existing known circumstances. It is your responsibility to seek appropriate advice to verify the accuracy of any information provided.
10. DAMAGE TO PREMISES
We shall only be liable for loss or damage to premises or property other than goods for removal, as a result of our negligence. Any damages to your premises or property Must be noted on the delivery receipt and confirmed in writing to us within seven days unless you request a reasonable extension which we agree in writing.
11. THE LIMIT FOR CLAIMS
For goods which we deliver, you must notify us in writing of any visible loss, damage or failure to produce goods at the time of delivery. 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. 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 a loss or damage is discovered (or ought to have been discovered with reasonable diligence) and in any event within SEVEN DAYS of delivery of the goods by us.
12. OUR RIGHT TO WITHHOLD OR DISPOSE OF GOODS
We shall have a right to withhold and/or ultimately dispose of some or all of the goods until you have paid all of our challenges and any other payments due under the agreement. These include any changes 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.
13. PAYMENT
Full payment is required by cleared funds in advance of the removal or storage period.
14. 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 we are notified in writing of any errors or omissions within 10 days of the date of our sending.
15. APPLICABLE LAW
This contract is subject to the laws of Scotland.