Terms and Conditions
Braithwaite’s Removals Ltd have full goods in transit cover for goods up to a value of £25,000 per vehicle load. We also have public liability insurance cover of £5000000.
1.0 Our quotation is an inclusive price
2.0 We reserve the right to amend the price stated in the quotation to take account of changes of circumstances which were not taken into account when preparing our quotation and are confirmed to us in writing.
Such factors may include the following :-
2.1 Where the work is not carried out within 3 months of the date stated in the quotation.
2.2 Increased costs resulting from currency fluctuations or changes in taxation, freight charges or increased road fuel prices.
2.3 We have to collect or deliver goods at your request to above ground and first floor and were not made aware of this at time of quotation.
2.4 We supply any additional services.
2.5 Working Hours: Braithwaite’s Removals Ltd work between the hours 08:00 – 20:00. In the event your move runs past this time due to no fault of Braithwaite’s Removals Ltd – for example, but not limited to, receiving your property keys late, unloading your items late due to insufficient or incorrect packing by the customer, then Braithwaite’s Removals Ltd will take your items to our storage unit and re-deliver the next available day. In the event your items are taken back to our storage unit and a re-delivery is scheduled, a fee will incur of;
1) An overnight storage fee,
2) Transport for your items to be re-delivered,
3) Wages for required staff for the day.
If the move is running past 20:00 due to a fault of Braithwaite’s Removals Ltd, our staff will work past this time to complete your move. Alternatively, we may place your items in overnight storage at no extra cost.
2.6 We are requested to provide additional services not included in the quotation, including the moving or storing of extra goods.
2.7 We allow up to 1 hour for our Team and Vehicles to wait for keys as a gesture of good will but there after we charge £45 per hour per vehicle for our time. Braithwaite’s Removals Ltd do not work past the hour of 20:00, if your move or waiting time does go past this time, we may take the remaining goods back into the vehicle to store overnight and re-deliver the following day. In the event of Braithwaite’s Removals Ltd having to take away your goods and re-deliver, you as the customer will incur further charges for the following;
1) Storage charges
2) Staff Wages
3) Vehicle and Fuel for re-delivery
You may get refunded by your solicitor for any delay, such as late keys, please speak to them for their full terms and conditions.
2.8 We are unable to access the collection or delivery point or such access is inadequate or inappropriate for our vehicles. If access is not possible then we may offer the alternative for you to hire at your expense a smaller vehicle. We will then tranship the load piece-meal and will charge for the extra time needed on a pro rata basis. If our driver is required to drive the hired vehicle then all insurance cover for the vehicle and goods carried must be organised and paid for by yourselves.
2.9 We have to pay parking or parking penalty charges.
2.10 There are delays or events outside our control which increase the cost or resources required to complete the work.
2.11 Our quotation does not constitute a contract and accordingly there is no contact between us until you have paid a deposit. The contract will then be on these Terms and Conditions.
3.0 Unless otherwise agreed in writing the following is not included in the quotation.
3.1 Dismantling or assembly of units including flatpack.
3.2 Disconnecting, reconnecting, dismantling or reassembling any appliances, fixtures, fittings or equipment.
3.3 Taking up or removal of fitted floor coverings.
3.4 The movement of any item or items which our staff reasonably believe they cannot move safely, whether due to its nature or position.
3.5 You are recommended to make arrangements for any such work to be provided for separately.
3.6 If you have requested and paid for a dismantling and/or reassembling service it is on the express understanding that as we are dealing with previously erected goods, whilst all care will be taken, we will not be liable for any damage howsoever caused.
3.7 Move items from a loft.
3.8 Move storage heaters unless they are dismantled.
3.9 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. Our staff are not authorised or qualified to carry out such work. We recommend that a properly qualified person is separately employed by you to carry out these services.
3.10 We shall notify you in writing as soon as practicable if any of the Goods, are in our opinion hazardous to health, dirty or unhygienic or likely to attract vermin or pests and under what conditions we would be prepared to accept such goods or whether we refuse to accept them. Should we refuse to accept the goods we will have no liability to you. If you submit such goods without our knowledge we will make them available for your collection and if you do not collect them within 7 days of written notification from us, we will 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.
4.1 Declare in writing to us the value of the goods being removed and/or stored ( unless you elect for our liability to be limited to £50 per item as set out in clause 9.0 )
4.2 Obtain at your own expense all permissions, consents, licences, permits or customs documents required for the removal of the goods.
4.3 Be present either personally or through an authorised representative during the collection and delivery process.
4.4 Prepare and stabilize all appliances prior to their removal.
4.5 Take reasonable precautions to prevent the unauthorised removal of goods not belonging to you and check to ensure that all your goods are duly removed.
4.6 Provide proper protection for goods left unattended or in unoccupied premises.
4.7 If you have elected to pack yourself then all packing to be completed by the time of commencement of move. If this has not happened and it adds unforseen time to the move then extra charges will apply pro rata to price quoted.
4.8 Empty, defrost and clean refrigerators and freezing equipment.
4.9 In addition you must provide us with contact details during the removal process including transit and/or storage of goods to the point of delivery.
4.10 We will not be liable for any loss, damage, cost or additional expense that may occur as a result of your failure to fulfill these obligations unless by reason of our own negligence or breach of contract.
4.11 Please ensure any glass items including glass wardrobes are properly wrapped and protected to avoid damage as we are not responsible for wrapping and packing items, unless previously agreed.
4.12 If we dismantle glass furniture, the price is to dismantle not to wrap; it is the customer’s responsibility to wrap any glass items that have been dismantled as we will not be responsible for any scratches or damage unless caused by us.
4.13 TVs must be in a box or have some kind of protection as we will not be responsible for any damage caused by inadequate packing.
4.14 Any mirrors should have bubble wrap, also any fragile pictures that cannot be put in a box.
4.15 All kitchen glassware must be properly wrapped and protected inside the boxes and not just put in without wrapping ( glass on glass) as we will not be responsible for any breakages.
4.16 We use furniture blankets as a gesture of good will and cover most wooden furniture but again this does not cover the whole piece, so it will be the customers responsibility to wrap any items that may be of value to them including sofas, you can purchase large plastic sheets for items such as sofas and mattresses etc. We shall provide these materials if previously agreed through email but we are not responsible for damages or scratches if you haven’t provided them.
4.17 Any new furniture that the customer is worried about scratches or damages must again be fully wrapped and packed themselves it will not be our responsibility to wrap and fully protect any fragile or new furniture unless previously agreed and the extra fee we charge is applied.
Ownership of Goods
5.0 You confirm to us that the goods being removed are your property or that you have the authority of the owner to enter into this contract in relation to the removal of the goods and storage thereof.
5.1 You undertake to indemnify us for any claims and keep us indemnified against any claims resulting from any breach by you of clause 5
6.0 Unless previously agreed by us in writing by a director the following items are excluded from this contract and will not be removed.
6.1 Prohibited, stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items such as aerosols, paints and firearms and/or ammunition. Also gas in any form or bulk liquids including oils, fuels and/or cleaning products.
6.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or collections of any similar kind.
6.3 Any goods likely to encourage vermin or other pests or to cause infestation or contamination.
6.4 Perishable items and/or those requiring a controlled environment or refrigerated or frozen food or drink.
6.5 Animals, birds, fish or any livestock.
6.6 Goods requiring any licence or government consent for export or import or any movement contemplated within the removal.
6.7 If we do agree to remove any such goods we will not accept any liability for loss or damage unless we are negligent or in breach of contract. If you submit any such goods without our knowledge we will make them available for your collection and if you do not collect such goods within a reasonable time we reserve the right to take further steps in relation to the disposal of any such goods. You must indemnify us against any additional charges, expenses, damages, costs or claims incurred by us as a result.
6.8 We accept no liability for any garden furniture, pots, plants etc due to the nature of weathering that can make such items unstable and brittle.
Postponement and Cancellation
7.0 If this agreement is postponed or cancelled we may charge you depending on the amount of notice given. Our charges are as follows:-
7.1 More than 7 days before booked date – no charge.
7.2 Between 3 and 7 days before booked date :- up to and not more than 50% of the removal charge.
7.3 Less than 3 days before the booked date :- the full amount.
7.4 For this purpose working days include Mondays to Fridays other than public holidays.
7.5 If cancellation is with more than 7 days notice and a deposit has been paid and/or boxes delivered, then we will make a nominal charge to cover the cost of delivery/collection/ cancellation .
7.6 If key exchange does not happen on the removal day after we have loaded then we will arrange storage for your goods at your cost. We will then reorganise your re delivery at the same cost to you of the original booked move.
8.0 You must pay our charges so that we have cleared funds 7 days in advance of the removal.
8.1 We will accept cash or card payment on the day of the removal only if previously agreed. This has to be paid prior to the commencement of loading.
8.2 You must not withhold any part of the agreed price.
8.3 Payment terms may only be varied with our written agreement in advance.
Damage to premises
We shall only be liable for damage to premises caused by our negligence. Any damages to premises
must be confirmed in writing to us within seven days unless you
request a reasonable extension which we agree in writing.
8.4 The Public Liability Cover has an excess of £500. The Client is responsible for this amount in the
event of any claim.
Our Liability for Loss or Damage
9.0 Our liability for negligence or breach of contract or otherwise under common law in relation to your goods is limited to the value declared to us under Clause 4.1 or £25,000 whichever is the least. If no such value is declared, or if you so elect, for the maximum amount of £50 per item. In this respect an item is defined as any one article, suite, pair, set, complete case, package, carton or other container. This is not insurance cover and you are strongly advised to accept the insurance offered in our quotation, or if arranging insurance cover yourself, you are advised to show this contract to your insurance company.
These limits may affect the quotation.
9.1 We are not liable on a ‘ new for old ‘ basis for any lost or damaged goods.
9.2 We shall not be liable to the extent that loss or damage is caused or contributed to by moving goods under your express instuctions against our advice and in a manner that is likely to cause damage.
9.3 You must notify us as soon as possible of any damage to premises and to goods for removal
9.4 We shall not be liable for damage to flat pack units that we are asked to move in their completed state.
9.5 We shall not be liable for scuffs or other removal marks to soft furnishings and/or mattresses that are not protected or that we have not been requested to supply and fit such coverings and protection to.
9.6 We do not accept liability for goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless we have been negligent or in breach of contract.
9.7 The insurance Cover has an excess of £250,00 The client is responsible for this amount in the event of any claim.
Our rights to withhold goods
10.1 We have a legal right to withhold 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.
10.2 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 withholding your goods and these terms and conditions will continue to apply.
10.0 We are not liable for the following.
10.1 Loss or damage to cars or other motor vehicles unless carried in an enclosed vehicle or trailer specially constructed for the purpose.
10.2 Electrical and mechanical derangement, unless shown to be as a result of physical external damage to the item concerned or as a result of fire, flood,collision or overturning of road vehicle or other conveyance.
10.3 Breakage, scratching, denting, chipping, staining and tearing of items packed by you including trunks, suitcases and the like unless reasonably attributed to physical damage to such items caused by collision or overturning of road vehicle or other conveyance. To reiterate and clarify self packed items are not covered.
10.4 This policy shall also exclude claims for missing items unless an inventory is supplied by you and approved by us prior to the move.
10.5 Loss or damage which occurs prior to collection or packing by us or after delivery or unpacking by us.
10.6 Loss or damage to jewellery, watches, trinkets, precious stones, precious metals, coins, money, deeds, bonds, securities and stamps or collections of a similar kind.
10.7 Loss or damage caused by wear and tear, general deterioration, warping or shrinkage, moth or vermin unless it can be reasonably demonstrated that such loss or damage arose as a result of our actions or failings.
10.8 Any consequential loss.
10.9 Loss or damage to refrigerated or frozen food and/or drink, plants, house plants, brittle objects, items with inherent defects howsoever caused and/or goods likely to encourage vermin and other pests to cause infection. Outdoor and garden pots and containers are specifically excluded form any cover.
10.9 Prohibited or stolen goods, drugs, potentially dangerous, damaging or explosive items including gas bottles, aerosols, paints, firearms and/or ammunition.
10.11 Animals and their cages or tanks including pets, birds or fish.
10.12 Mysterious disappearance of customers goods in transit unless evidence ( inventory ) can be provided to prove beyond reasonable doubt that the loss is solely attributable to the dishonest actions of an employee.
10.13 None of our employees will incur any liability to you.
10.14 If the value of your goods in store or in transit is, at the time of loss or damage, collectively of greater value than the value declared, then you will bear the equivalent proportion of the claim in the same ratio as the actual value exceeds the declared value.
10.15 Our liability is limited to the reasonable cost of repair and no claim will be considered in respect of any depreciation in value of any item as a result of such repair.
10.16 Where any item consists of items in a pair or set, we will not pay more than the value of any particular part or parts which may be lost or damaged, without reference to any special value which such part or parts may have as part of a pair or set, nor more than a proportionate part of the declared value of the pair or set.
Delays In transit
11.0 Unless specifically agreed all arrival and departure times are estimates only.
11.1 We will not be liable for any late delivery or delay caused by factors outside our control.
Time Limit For Making a Claim
12.0 You must notify us of any loss or damage within 7 days of the collection of goods by you or their delivery by us to their destination unless we agree in writing to an extension of this time limit. If you fail to make a notification to us of such loss or damage within this time scale we will not be liable.
12.1 The insurance cover has an excess of £250,00 The client is responsible for this amount in the event of any claim.
Withholding or Disposal of the Goods
13.0 We have the right to withhold and/or ultimately dispose of some or all of the goods until you have paid our charges and any other monies due under this or any other agreement between us. This specifically applies to potential claims for loss or damage that are reported to us before the move is completed.
14.0 We reserve the right to sub –contract part or all of the work provided for under this agreement in which case these Terms and Conditions will continue to apply in full.
15.0 These Terms and Conditions are subject to the Law of England and Wales.
16.0 These Terms and Conditions together with our quotation form the whole agreement between us and all other correspondence or oral discussions or representations are excluded.
17.1 We may terminate this contract on three months notice in writing or after three months following the quotation date. If you wish to terminate this agreement whilst your goods are in our storage you must give at least 10 working days notice in writing. You remain liable for charges for storage up to the date of release of the goods to you.