Application and entire agreement
- These terms and conditions apply to the provision of the services detailed in our quotation (services) by Rana Talukder trading as The Removal & Delivery Company of 124 City Road, London, EC1V 2NX (we or us) to the person buying the services (you).
- You are deemed to have accepted these terms and conditions when you accept our quotation or from the date of any performance of the services (whichever happens earlier) and these terms and conditions and our quotation (the contract) are the entire agreement between us.
- You must acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf. These conditions apply to the contract to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.
- A “business day” means any day other than a Saturday, Sunday, or bank holiday in England and Wales.
- The headings in these terms and conditions are for convenience only and do not affect their interpretation.
- Words imparting the singular number shall include the plural and vice-versa.
- We warrant that we will use reasonable care and skill in our performance of the services which will comply with the quotation, including any specification in all material respects. We can make any changes to the services which are necessary to comply with any applicable law or safety requirement, and we will notify you if this is necessary.
- We will use our reasonable endeavours to complete the performance of the services within the time agreed or as set out in the quotation;
- Should your removal exceed 8 hours the company reserve the right to rotate staff. This will take place if agreed by the company and the client should the job need to be completed on the same day.
- All of these terms and conditions apply to the supply of any goods as well as services unless we specify otherwise.
- Insurance does not cover items that have not been packed correctly by the client. Should The Removal And Delivery Company pack your goods on your behalf insurance are fully covered.
- Items of furniture (or other materials) which need to be disposed of will be disposed of in the most ethical and environmentally friendly way. There is an additional cost for this service.
- We offer reliable, affordable, and eco-friendly removals of various kinds of waste for private and commercial clients. Prices vary on the amount of waste and weight.
- You must obtain any permissions, consents, licenses, or otherwise that we need and must give us access to any and all relevant information, materials, properties, and any other matters which we need to provide the services.
- Adequately prepare and stabilize all appliances or equipment prior to your move.
- The entrance or the exit of the premises, stairs or lift, or doorway is adequate for the free movement of goods without the use of mechanical equipment.
- We ask that you pre-empty, defrost, and clean refrigerators, freezers, and iceboxes, we are not responsible for the content.
- The driveway is suitable for vehicles to load or unload with 30 meters of the doorway.
- If you do not comply with clause 10, we can terminate the services.
- We are not liable for any delay or failure to provide the services if this is caused by your failure to comply with the provisions of this section (your obligations)
- Provide The Removal & Delivery Company LTD with an up-to-date contact address, telephone number, email address. If in the event anything changes.- A copy of your Passport / Driver’s license and a utility bill dated within 3 months for our records.- If your Move has been agreed on an hourly rate, please note the hour will starts once we arrive at the pick up location and will end once the last item is dropped to our storage unit. This will be discussed further prior to the move.
- Unless previously agreed in writing by a director or other senior company representative, the following items must not be submitted for removal or storage and will under no circumstances be moved or stored by Us. This is because the items listed below may present a potential risks to health and safety and/or cause a’ fire.
- There are a number of Items which carry other risks therefore It is Your responsibility to make Your own arrangements for their transport and storage.
- Potentially dangerous, damaging, or explosive items, including gas bottles, aerosols, paints, firearms, fuels, oils, and ammunition.
- 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.
- Goods likely to encourage vermin or other pests or to cause infestation or contamination.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. We can also tell you 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.
- Perishable items and/or those requiring a controlled environment.
- Any animals, birds, fish, reptiles or plants.
- Goods which require special licence or government permission for export or import.
- Under no circumstances will Prohibited or stolen goods, drugs or pornographic material be moved or stored by Us.
- 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 apply for a court order to 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.
Ownership of the Content
By entering into this Agreement, you guarantee that:
- The goods to be removed and/or stored are Your own property, or the goods are Your property free of any legal charge, or you have the full authority of the owner or anyone having a legal interest in them to enter into this Agreement, and You have made the owner fully aware of these terms and conditions prior to entering into this Agreement and that they have agreed to them.
- 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.
- You will provide us with full indemnity and pay Us in respect of any claim for damages and/or costs brought against Us if either statement ‘is’ made.
- If You wish to transfer the responsibility for this Agreement to a third party, You will advise Us in writing giving Us their full name and address. We will issue a new agreement to them. Our Agreement with You will remain in force until We have received a signed agreement from the third party.
- It is fundamental that you value your items correctly, once we take full details of content moved/ stored. The price of storage will vary depending on the value of the content. All Receipts should be retained in the unlikely situation of a claim.
- Right to Hold the Goods (lien)“Lien” is the legal right of the remover as in The Removal Delivery Company to hold goods until the customer has paid all outstanding charges.
- We shall have a right to withhold and ultimately dispose of some or all of the goods if You fail to pay the charges and any other payments due under this or any other Agreement. (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 (including legal costs) reasonably incurred by Us in recovering Our charges and applying Our right of lien all terms and conditions shall continue to apply.
- You must give us 10 ‘working’ days’ notice when you decide to cancel your storage with us. ‘This notice must be given in writing.
- We can arrange for your goods to moved to your new location.
Fees and Deposit
- The fees (Fees) for the services are set out in the quotation and are on a time and materials basis.
- In addition to the fees, we can recover from you a) reasonable incidental expenses including, but not limited to, congestion and ULEZ charge, parking charge, fuel charge past M25, handyman charge, b) the cost of services provided by third parties, and required by us for the performance of the services, and c) the cost of any materials required for the provision of the services.
- You must pay us for any additional services provided by us that are not specified in the quotation in accordance with our then-current, applicable hourly rate in effect at the time of performance or such other rate as may be agreed between us. The provisions of clause 14 also apply to these additional services.
- After your minimum hours of booking are met, charges are made in increments of half an hour.
- You must pay a deposit (“Deposit”) as detailed in the quotation at the time of accepting the quotation.
- Your balance must be paid in full upon job completion this applies to all domestic moves.
- If you do not pay the deposit to us according to the clause above, we can either withhold provision of the Services until the deposit is received or can terminate under the clause below (Termination).
- The deposit is non-refundable unless we fail to provide the Services and are at fault for such failure (where the failure is not our fault, no refund will be made).
- There is an extra cost if we have to collect or deliver goods at your request above the ground floor and first upper floor.
Cancellation and amendment
- We can withdraw, cancel or amend a quotation if it has not been accepted by you, or if the services have not started, within a period of 28 days from the date of the quotation, (unless the quotation has been withdrawn).
- Either we or you can cancel the required service or any reason prior to your acceptance (or rejection) of the quotation.
- Should you agree on the acceptance of a quotation and cancel within a set time frame you will be liable to make the following payments:
- More than 7 days before removal job starts: no charge
- 3-7 days before removal job starts 50% charge of the agreed quote
- Within 24 hours of removal job 75% charge
- Cancellation on the agreed date of the job will incur a 100% charge
This will also be applicable should the client change their moving date.
- If you want to amend any details of the services you must tell us as soon as possible. We will use reasonable endeavours to make any required changes and additional costs will be included in the fees and invoiced to you.
- If due to circumstances beyond our control, including those set out in the clause below (circumstances beyond a party’s control), we have to make any change in the services or how they are provided, we will notify you immediately. We will use reasonable endeavours to keep any such changes to a minimum.
- We will invoice you for payment of the fees either:
- When we have completed the services; or
- On the invoice dates set out in the quotation.
- You must pay the fees due within 30 days of the date of our invoice or otherwise in accordance with any credit terms agreed between us this is only applicable for commercial clients, domestic clients must pay on job completion.
- Time for payment shall be of the essence of the contract.
- Without limiting any other right or remedy we have for statutory interest, if you do not pay within the period set out above, we will charge you interest at the rate of 4% per annum above the base lending rate of the bank of England from time to time on the amount outstanding until payment is received in full.
- All payments due under these terms and conditions must be made in full without any deduction or withholding except as required by law and neither of us can assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.
- If you do not pay within the period set out above, we can suspend any further provision of the services and cancel any future services which have been ordered by, or otherwise arranged with, you.
- Receipts for payment will be issued by us only at your request.
- All payments must be made in British pounds unless otherwise agreed in writing between us.
- We reserve the right to use a collection agency and or local courts to recover any unpaid balances.
Sub-Contracting and assignment
- We can at any time assign, transfer, charge, subcontract, or deal in any other manner with all or any of our rights under these terms and conditions and can subcontract or delegate in any manner any or all of our obligations to any third party.
- You must not, without our prior written consent, assign, transfer, charge, subcontract, or deal in any other manner with all or any of your rights or obligations under these terms and conditions.
- We can terminate the provision of the services immediately if you:
- Commit a material breach of your obligations under these terms and conditions; or
- Fail to make pay any amount due under the contract on the due date for payment; or
- Are or become or, in our reasonable opinion, are about to become, the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
- Enter into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with its creditors; or
- Convene any meeting of your creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of your assets or undertakings or any part of them, any documents are filed with the court for the appointment of an administrator in respect of you, a notice of intention to appoint an administrator is given by you or any of your directors or by a qualifying floating charge holder (as defined in para. 14 of Schedule B1 of the Insolvency Act 1986), a resolution is passed or petition presented to any court for your winding-up or for the granting of an administration order in respect of you, or any proceedings are commenced relating to your insolvency or possible insolvency.
- We reserve all copyright and any other intellectual property rights which may subsist in any goods supplied in connection with the provision of the services. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.
Liability and indemnity
- Our liability under these terms and conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this clause.
- The total amount of our liability is limited to the total amount of fees payable by you under the contract.
- We are not liable (whether caused by our employees, agents, or otherwise) in connection with our provision of the services or the performance of any of our other obligations under these terms and conditions or the quotation for:
- Any indirect, special, or consequential loss, damage, costs, or expenses or;
- Any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
- Any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
- Any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
- Any losses arising directly or indirectly from the choice of services and how they will meet your requirements or your use of the services or any goods supplied in connection with the services.
- Any damaged evident on the goods prior to their removal. Pictures may be taken for clients and sent to the office prior to any content is moved.
- You must indemnify us against all damages, costs, claims, and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
- Nothing in these terms and conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
- Claims / Damages up to £40 per item, proof of purchase will be required ( Can increase value upon request). All claims must be notified in writing whether unpacked or not within 7 days of job completion.
- When supplying the services to the customer, the service provider may gain access to and/or acquire the ability to transfer, store or process personal data of employees of the customer.
- The parties agree that where such processing of personal data takes place, the customer shall be the ‘data controller and the service provider shall be the ‘data processor’ as defined in the General Data Protection Regulation (GDPR) as may be amended, extended, and/or re-enacted from time to time.
- For the avoidance of doubt, ‘personal data, ‘processing’, ‘data controller’, ‘data processor’ and ‘data subject’ shall have the same meaning as in the GDPR.
- The service provider shall only process personal data to the extent reasonably required to enable it to supply the services as mentioned in these terms and conditions or as requested by and agreed with the customer, shall not retain any personal data longer than necessary for the processing and refrain from processing any personal data for its own or for any third party’s purposes.
- The service provider shall not disclose personal data to any third parties other than employees, directors, agents, sub-contractors, or advisors on a strict ‘need-to-know’ basis and only under the same (or more extensive) conditions as set out in these terms and conditions or to the extent required by applicable legislation and/or regulations.
- The service provider shall implement and maintain technical and organizational security measures as are required to protect personal data processed by the service provider on behalf of the customer.
- Further information about the service provider’s approach to data protection is specified in its data protection policy, which can be found XXXX. For any inquiries or complaints regarding data privacy, you can contact our data protection officer at the following e-mail address: firstname.lastname@example.org
Circumstances beyond a party’s control
- Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action, or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the services to be carried out under these terms and conditions.
- All notices under these terms and conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorized officer of that party).
- Notices shall be deemed to have been duly given:
- When delivered, if delivered by courier or other messengers (including registered mail) during the normal business hours of the recipient;
- When sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;
- On the fifth business day following mailing, if mailed by national ordinary mail; or
- On the tenth business day following mailing, if mailed by airmail.
- All notices under these terms and conditions must be addressed to the most recent address, email address or fax number notified to the other party.
- No delay, act, or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy nor stop further exercise of any other right, or remedy.
- If one or more of these terms and conditions is found to be unlawful, invalid, or otherwise unenforceable, that / those provisions will be deemed severed from the remainder of these terms and conditions (which will remain valid and enforceable).
Law and jurisdiction
- This agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.