TERMS & CONDITIONS
Last updated January 12, 2019
Terms & Conditions explain the rights, obligations, and responsibilities of all parties to this Agreement. Where we use the word ‘You’ or ‘Your’ it means the Customer: ‘We’, ‘Us’ or ‘Our’ means Nomad Removals Limited. These Terms & Conditions can be varied or amended subject to prior written agreement. In Clauses 8, 9, 10, and 11 We limit or exclude Our liability for loss and damage. We recommend You arrange insurance to cover Your goods or premises. We are able to arrange insurance for Your benefit upon request. This insurance will be separate from this contract and subject to the terms and conditions of the policy.
1. OUR QUOTATION
1.1 Our quotation, unless otherwise stated, does not include insurance, cancellation/postponement/waiting waivers, customs duties, port charges including (but not limited to) demurrage, inspections, or any fees, or taxes payable to government bodies or agencies.
1.2 Our Quotation is valid for thirty days from the date of issue. Unless already included in Our Quotation, reasonable additional charges will apply in the following circumstances:
1.2.1 You do not accept our quotation in writing within 30 days;
1.2.2 Our costs change because of currency fluctuations, changes in taxation, freight, fuel, ferry or toll charges beyond our control.
1.2.3 The work is carried out on a Sunday, or Public Holiday or outside normal hours (08.00-18.00hrs) at your request.
1.2.4 We have to collect or deliver goods at Your request above the ground floor and first upper floor.
1.2.5 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.
1.2.6 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 services on Your behalf. For the purpose of this Agreement parking fines for illegal parking, caused by Our negligence, are not fees or charges and You are not responsible for paying them.
1.2.7 There are delays or events outside Our reasonable control which increase or extend the resources or time allowed to complete the agreed work (see term 6.2).
1.2.8 We agree in writing to increase Our limit of liability set out in Clause 8.1 prior to the work commencing;
1.3 You agree to pay any reasonable charges arising from the above circumstances.
2. WORK NOT INCLUDED IN THE QUOTATION
2.1 Unless agreed by us in writing, we will not:
2.1.1 Dismantle or assemble furniture of any kind
2.1.2 Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment.
2.1.3 Take up or lay fitted floor coverings.
2.1.4 Move items from a loft, unless properly lit and floored and safe access is provided.
2.1.5 Move or store any items excluded under Clause 4.
2.1.6 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.
2.2 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. YOUR RESPONSIBILITY
3.1 It will be your responsibility to:
3.1.1 Declare to us, in writing, the value of the goods being removed. If it is subsequently established that the value of the goods removed is greater than the actual value you declare, you agree that our liability under clause 8.1 and 8.2 will be reduced to reflect the proportion that your declared value bears to their actual value.
3.1.2 Arrange adequate insurance cover for the goods submitted for removal transit, against all insurable risks as Our liability is limited under clauses 8.1 and 8.2.
3.1.3 Obtain at Your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.
3.1.4 Pay for any parking or meter suspension charges incurred by Us in carrying out the work.
3.1.5 Be present or represented throughout the collection and delivery of the removal.
3.1.6 Where We provide You with inventories, receipts, waybills, job sheets or other relevant documents You will ensure that they are signed by You or Your authorised representative as confirmation of collection or delivery of the goods.
3.1.7 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
3.1.8 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.
3.1.9 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
3.1.10 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
3.1.11 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;
3.1.12 Provide Us with a correct and up to date contact address and telephone number during removal transit of goods.
3.1.13 Arrange appropriate transport, storage or disposal of goods listed in clause 4
3.2 Other than by reason of Our negligence or breach of contract, We will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.
4. GOODS NOT TO BE SUBMITTED FOR REMOVAL
4.1 Unless previously agreed in writing by a director or other authorised company representative, the following items must not be submitted for removal or storage and will under no circumstances be moved or stored by Us. The items listed under 4.1.1 below may present risks to health and safety and of fire. Items listed under 4.1.2 to 4.1.7 below carry other risks and You should make Your own arrangements for their transport and storage.
4.1.1 Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
4.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, mobile telephones, portable media and computing devices, stamps, coins, or goods or collections of any similar kind.
4.1.3 Goods likely to encourage vermin or other pests or to cause infestation or contamination.
4.1.4 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.
4.1.5 Perishable items and/or those requiring a controlled environment.
4.1.6 Any animals, birds, fish, reptiles or plants.
4.1.7 Goods which require special licence or government permission for export or import.
4.2 If We do agree to remove such goods, we will not accept liability for loss or damage unless we are negligent or in breach of contract, in which case all these conditions will apply. 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 will apply for an appropriate court order to dispose of any such goods found in the consignment without notice. You will furthermore pay to us any charges, expenses, damages, legal costs or penalties incurred by us.
5. OWNERSHIP OF THE GOODS
5.1 By entering into this Agreement, you guarantee that:
5.1.1 The goods to be removed are Your own property, or
5.1.2 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.
5.1.3 If at any time following the implementation of this agreement to its termination another person has or obtains an interest in the goods You will advise Us of their name and address in writing immediately.
5.1.4 You will pay us for any claim for damages and/or costs brought against us if either warranty (5.1.1) or (5.1.2) is not true.
6. CHARGES IF YOU POSTPONE OR CANCEL THE REMOVAL AND WAITING CHARGES
6.1 If You postpone or cancel this Agreement, We reserve the right to charge you a reasonable postponement or cancellation fee according to how much notice is given as set out below at 6.1.1 – 6.1.4. “Working days” refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays.
6.1.1 More than 10 working days before the removal was due to start: No charge.
6.1.2 Between 5 and 10 working days inclusive before the removal was due to start: not more than 30% of the removal charge.
6.1.3 Less than 5 working days before the removal was due to start: not more than 60% of the removal charge.
6.1.4 Within 24 hours of the move taking place; not more than 75% of the removal charge.
6.1.5 On the day the work starts or at any time after the work commences: up to 100% of Our charges.
7.1 Unless otherwise agreed by Us in writing
7.1.1 Payment is required by cleared funds in advance of the removal
7.1.2 You may not withhold any part of the agreed price
7.1.3 We reserve the right to hold the goods until full payment is cleared.
7.1.4 In respect of all sums which are overdue to Us, we will charge interest on a daily basis calculated at 4% per annum above the prevailing base rate for the time being of the Bank of England.
7.1.5 A non-refundable deposit is a payment towards the cost of services, but it will not be returned if the service is cancelled.
8. OUR LIABILITY FOR LOSS OR DAMAGE
8.1 Our liability for loss or damage is limited, as set out in clause 8.1.1 below. Alternatively, you may request us to increase our liability, as set out in clause 8.1.2 below:
8.1.1 In the event of our negligence or breach of contract resulting in loss of or damage to your goods, we will pay a sum equivalent to the cost of their repair or replacement whichever is the smaller sum up to a maximum of £40 for any one item (see below), or
8.1.2 Prior to the commencement of work and subject to our having received your itemized valued inventory (see 3(3.1.1)) we may agree to increase our liability, for an additional charge. We will not unreasonably withhold consent to such a request. This is not insurance cover and you are strongly advised to arranging insurance cover yourself, you are advised to show this contract to your insurance company.
8.2 For goods destined to, or received from a place outside the United Kingdom.
8.2.1 We will accept liability for loss or damage (a) arising from our negligence or breach of contract whilst the goods are in our physical possession, or (b) whilst the goods are in the possession of others if the loss or damage is established to have been caused by our failure to pack the goods to a reasonable standard where we have been contracted to pack the goods that are subject to the claim. In either circumstance clause 8.1.1 and 8.1.2 above will apply.
8.2.2 Where we engage an international transport operator, shipping company or airline to convey your goods to the place, port or airport of destination, we do so on your behalf and subject to the terms and conditions set out by that carrier.
8.2.3 If the carrying vessel/conveyance, should for reasons beyond the carrier’s control, fail to deliver the goods, or route them to a place other than the original destination, you have limited recourse against the carrier, and may be liable for General Average contribution (e.g. the costs incurred to preserve the vessel/conveyance and cargo) and salvage charges, or the additional cost of onward transmission to the place, port or airport of destination. These are insurable risks and it is your responsibility to arrange adequate marine/transit insurance cover.
8.2.4 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.
8.3 For the purposes of this Agreement an item is defined as:
8.3.1 The entire contents of a box, parcel, package, carton, or similar container; and
8.3.2 Any other object or thing that is moved, handled or stored by Us.
9. DAMAGE TO PREMISES OR PROPERTY OTHER THAN GOODS
9.1 Because third party contractors are frequently present at the time of collection or delivery our liability for loss or damage is limited as follows:
9.1.1 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.
9.1.2 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 up to £60.
9.1.3 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.
9.1.4 If we are responsible for causing damage to your premises or to property other than goods submitted for removal, you must note this on the worksheet or delivery receipt as soon as practically possible or within a reasonable time. This is fundamental to the Agreement.
10. EXCLUSIONS OF LIABILITY
10.1 Other than as a result of our negligence or breach of contract we will not be liable for any loss, damage or failure to produce the goods if caused by any of the following circumstances
10.1.1 By fire howsoever caused
10.1.2 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, third party industrial action or other such events outside our reasonable control.
10.1.3 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.
10.1.4 By moth or vermin or similar infestation.
10.1.5 By cleaning, repairing or restoring unless we arranged for the work to be carried out.
10.1.6 By change to atmospheric or climatic conditions. Or
10.1.7 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.
10.1.8 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
10.1.9 For any goods which have a pre-existing defect or are inherently defective.
10.1.10 For animals and their cages or tanks including pets, birds or fish.
10.1.11 For plants
10.1.12 For perishable items and/or those requiring a controlled environment.
10.1.13 For items referred to in Clause 4.
10.1.14 For damages or costs resulting indirectly from, or as a consequence of, loss, damage, or failure to produce the goods including but not limited to loss of use or amenity.
10.2 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.
10.3 Our liability will cease upon handing over goods from our warehouse (see Clause 11.2 below).
11. TIME LIMIT FOR CLAIMS
11.1 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.
11.2 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 or your agent.
11.3 Notwithstanding clauses 8, 9 and 10 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 loss or damage is discovered (or with reasonable diligence ought to have been discovered) and in any event within seven (7) days of delivery of the goods by us.
11.4 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.
11.5 All claims for the UK, EU moves are subject to £250 excess.
12. DELAYS IN TRANSIT
12.1 Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit.
12.2 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.
13. OUR RIGHT TO HOLD THE GOODS (LIEN)
We shall have a right to withhold and/or ultimately dispose of some or all of the goods until you have paid all our charges and any other payments due under this or any other Agreement. (See also Clause 19). 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.
If there is a dispute arising from this agreement which cannot be resolved, subject to the agreement of both parties, either you or we may refer the dispute to an arbitrator appointed by the Chartered Institute of Arbitrators. The cost of any such arbitration will be at the discretion of the arbitrator. This does not prejudice your right to commence court proceedings.
15. OUR RIGHT TO SUB-CONTRACT THE WORK
15.1 We reserve the right to sub-contract some or all of the work.
15.2 If we sub-contract, then these conditions will still apply.
16. ROUTE AND METHOD
16.1 We have the right to choose the method and route by which to carry out the work.
16.2 Unless it has been specifically agreed otherwise in writing in our Quotation, other space/volume/capacity on our vehicles and/or the container may be utilized for consignments of other customers.
17. 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 and is based upon existing known circumstances. It is your responsibility to seek appropriate advice to verify the accuracy of any information provided.
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. 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 one month’s 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 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.
20. PROMOTIONS / SPECIAL OFFERS
Can only be used with when using our removal service. Not to be combined with any other offers.
21. ADDITIONAL RULES FOR DRIVING VEHICLES WITH PASSENGERS
21.1 We aim to provide a safe and reliable service. However, we cannot control adverse weather conditions or unpredictable delays caused by traffic congestion, road works or diversions.
21.2 The driver is responsible for the safety of the vehicle at all times
21.3 The hours of operation for the driver are regulated by law and must be agreed by Us.
21.4 No passenger may be carried in excess of the seating capacity of the vehicle and passengers must wear the seat belts provided at all times.
21.5 Passengers should behave in a manner that is not abusive or threatening and does not cause offence to other passengers or a driver.
21.6 The consumption and or carrying of alcohol in the passenger compartment of Our vehicles is strictly forbidden.
21.7 We also operate a Policy of No Smoking on all Our vehicles.
21.8 Children can be transported only under the care of their Parents/Carers. For Health and Safety reasons We are unable to provide any form of child seat. If you require a child seat for your journey it would be Your responsibility to provide one and to fit the seat in the vehicle and to secure the child. If You are booking a return journey and have your own child seat, the driver who carries out your booking will store your child seat for the return journey.
21.9 No animals (other than guide dogs and hearing dogs notified to the company in advance) may be carried on any vehicle without prior written agreement from Us.
21.10 On collecting passengers from airports, ferry ports, etc., We will wait for one hour after the prearranged collection time free of charge. After that additional waiting time will be charged at the discretion of the company.
21.11 We reserve the right to impose additional charges on if the passengers have left the vehicle in an unreasonably untidy condition or having required additional time or mileage which was not included for in the original booking.
21.12 We accept any of Your personal luggage on the understanding that you will take all reasonable steps to avoid loss or damage. You should notify Us if items of exceptional value are to be carried on the vehicle. It is Your responsibility to minimise risk of loss when property is left unattended. We will not be responsible for any damage to, or loss of, personal property left in vehicles, howsoever caused.
21.13 We will do all that we reasonably can to locate and return any property left on our vehicles to its owner. If you find lost property on a bus, please hand it to the driver. Providing the item is not perishable or objectionable, we will keep it for a month. If you claim any item of lost property, you will be required to satisfy us that the item belongs to you, give us your name and address and you may be charged an administration fee. Under normal circumstances, you will need to collect the lost property from Us.
21.14 If you sustain an injury whilst boarding, travelling on or alighting from the vehicle please notify a driver immediately.
22. DO WE MAKE UPDATES TO TERMS & CONDITIONS?
We may update Terms &Conditions from time to time. We encourage you to review this Terms & Conditions frequently to be informed of any changes.
23. HOW YOU CAN CONTACT US ABOUT THIS TERMS & CONDITIONS?
If you have questions or comments about Terms & Conditions, you may email us at firstname.lastname@example.org or by post to:
Nomad Removals Limited
Kemp House, 160 City Road,
London, EC1V 2NX