Terms & Conditions
These conditions set out the terms of
the contract between Diamond Removals and you (the customer)
and explain your rights and obligations and responsibilities
and those of Diamond Removals. These conditions do not affect
your statutory rights.
1. Interpretation/Definitions
1.1 Any reference in these conditions
to "we" or "us" is a reference to Diamond
Removals.
1.2 Any reference in these conditions
to "you" is a reference to the customer.
2. Quotations
2.1 Quotations
do not include customs duties or any other levies or fees
payable to government or other statutory bodies and all such
duties or fees (if any) will be payable by you in addition
to the quoted price.
2.2 Although we quote a fixed price
we reserve the right to amend it or make additional charges
if of the following have not been taken in to account when
preparing the quotation.
2.2.1 If due to delay on your part
the work is not carried out or completed within three months
of the quotation date.
2.2.2 Our costs increase as a result
of currency fluctuations or changes in taxation or freight
charges beyond our control.
2.2.3 We have to collect or deliver
goods above second floor level, unless previously agreed.
2.2.4 We supply additional services.
2.2.5 There are delays outside our
reasonable control.
2.2.6 Access to the collection and
delivery point is inadequate or the approach is unsuitable
for our vehicles.
2.2.7 Any unforeseen parking or other
fees or charges that we have to incur and pay in order to
carry out the services you require.
In all these circumstances you will
be responsible for the extra charges.
2.3 Quotations include a removals insurance
premium but the payment of the premium creates a separate
contract between the Insurer and you, which is subject to
the terms and conditions of the Insurer. A summary of the
cover provided and any main exclusions from the cover is available
on request.
2.4 Our quotation is not a guarantee
that we have the vehicles available on the day you require.
Accordingly your signed acceptance of our quotation does not
constitute a contract between us until you have confirmation
that we can move your goods on your required date.
3. Work excluded from our quotations
Unless previously agreed in writing
we will not:-
3.1 Enter loft spaces unless they are
adequately boarded and lit.
3.2 Remove aerials or satellite-received
dishes from external walls or roofs.
3.3 Remove or relay fitted floor coverings.
3.4 Move night storage heaters unless
they are dismantled.
3.5 Move or store any items excluded
under clause 4.
4. Excluded property
The following items are specifically
excluded from this contract and will not be covered by our
insurance:-
4.1 Jewellery, watches, trinkets, precious
stones, money, deeds, securities, stamps, coins, keys or goods
of a similar kind.
4.2 Potentially dangerous, inflammable,
damaging or explosive items.
4.3 Goods likely to encourage vermin
or other pests or to cause infection.
4.4 Refrigerated or frozen food or drink.
4.5 Any animals and their cages or tanks
including pets, birds or fish.
If you submit any of the goods detailed
above without our knowledge and prior written agreement we
will not be liable for any loss or damage and you will indemnify
us against any charges, expenses, damages or penalties claimed
against us by third parties. In addition we shall be entitled
to dispose of (without notice) any such goods which are listed
under paragraphs 4.2, 4.3 or 4.4.
5. Customers responsibility
It is your sole responsibility to:-
5.1 Declare to us the proper value of
the goods being removed and/or stored.
5.2 Obtain at your expense all documents
necessary for the removal to be completed.
5.3 Ensure adequate parking for our
vehicles at collection and delivery points. Any delays may
increase the removal price.
5.4 Be present yourself or appoint a
representative at the collection and delivery points, to ensure
that nothing is removed or left in error. If an extra journey
is required to collect items which were left at the collect
address in error an extra charge will be incurred.
5.5 Advise us of the time of access
to your new premises. Any delays may increase the removal
price.
5.6 Unless specified in writing, all
packing cases remain the property of this company and are
on loan. If any packing cases are retained for longer than
1 month or damaged by you, a charge of £ 2.00 per case
will be made.
5.7 The following
services are carried out at the customer’s request (unless
specified in writing): unpacking of breakable items, dismantling
and reassembling furniture and disconnecting and reconnecting
kitchen appliances.
6. Ownership of the goods
By entering into this contract you confirm
to us that:-
6.1 The goods to be removed are your
own property; or
6.2 You have the authority of the owner
of the property to make this contract in respect of the goods
to be removed or stored.
You will be responsible to pay for any
claim for damages and/or costs against either of the above
if this proves to be untrue.
7. Postponements, cancellations and waiting charges
7.1 If you postpone or cancel this contract
we may charge according to how much notice you provide prior
to the agreed removal date:-
3-5 days: 50% of the total removal charges.
Less than 3 days: 100% of the total
removal charges.
7.2 Our quotation is based upon us being
able to begin unloading our vehicle before 2pm on the day
of the move (unless otherwise specified in writing). If we
are prevented from doing so for reasons beyond our control,
waiting charges will become payable at a rate of £20
per man and vehicle per hour.
8. Payment of removal charges
Payment is required, by cleared funds
in advance or on completion of the removal or storage period.
You may not withhold any part of the agreed price. Interest
at 10% per fourteen-day period is charged on all overdue accounts.
Failure to comply with our payment terms will also mean that
your goods are not insured.
9. Our liability for loss or damage
9.1 The insurance, included in this
quotation will cover loss or damage to a maximum of £10,000
but does not include the first £100.00 of any claim.
9.2 In the event of our losing or damaging
your goods we will pay for the reasonable costs of the repair
or replacement (less wear and tear) of the item if we have
been negligent.
9.2.1 In the event of total or partial
loss or damage to your goods, we will not be liable for
the following:-
9.2.2 "New for old" replacement
value for lost or damaged goods.
9.2.3 Any loss or damage which is
not caused by us.
9.2.4 Any unforeseeable additional
costs you might incur as a result of loss of a particular
item.
9.3 Where damaged items are part of
a set, i.e. dinner services, furniture etc, our insurance
will only cover the value of that piece. No responsibility
will be taken for undamaged items, which form a part of the
set.
9.4 We will only be responsible for
items that are packed and unpacked by our staff.
9.5 We shall not be responsible for
any loss or damage if there are other workmen at the collection
or delivery addresses unless it is proved beyond reasonable
doubt that our staff are to blame.
9.6 Unless new external damage is visible,
we will not be responsible for malfunction of electrical goods.
9.7 We reserve the right to make good
any damage using our own repairers. If any item is damaged
beyond economic repair that item will become our property
and we reserve the right to replace it or offer the cost of
replacement, subject to the insurance excess.
10. Delays in transit
We shall not be liable for delays due
to weather conditions, mechanical failure, traffic congestion
or occurrences outside our control.
11. Damage to premises
11.1 We shall only be liable for damage
to premises caused by our negligence. Any damages to premises
must be pointed out to our staff and noted before they leave
the premises and confirmed in writing to us within five days.
11.2 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
would inevitably cause damage, we shall not accept that we
were negligent.
12. Time limits for claims
We will not be liable for any loss or
damage to any goods unless any claim for loss or damage is
notified to us in writing within five days of delivery by
us to their destination.
13. Our rights to withhold the goods (Lien)
We have a legal right to withhold or ultimately
dispose of some or all of the goods until you have paid all
our charges and other payments due under this contract. Any
proceeds of disposal will be used to settle your account with
us and any surplus monies will be returned to you. 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 our withholding your goods.
14. Sub-contracting
We reserve the right to sub-contract
some or all of the work for which we have provided a quotation
without reference to you.
If we sub-contract these conditions
will apply in full.
15. Route and method
We have the full right to choose the
route for delivery.
Unless it has
been specifically agreed in writing, other space/volume/capacity
on our vehicles and/or, the container may be utilised for
consignments of other customers.
16. Storage services
The following terms in addition to all
other terms set out in this document will apply to all contracts
for the storage of goods:-
16.1 If you require storage facilities
you are obliged to provide a forwarding address and notify
us in writing if it changes. All correspondence and notices
will be deemed to have been received by you seven days after
posting it to the last forwarding address recorded by us.
16.2 Where we provide an inventory of
goods stored on your behalf it will be accepted as accurate
when you have checked and signed the original copy.
16.3 All charges for storage services
are payable in advance. Unless we agree otherwise, the first
payment for storage should cover the first 12 weeks storage,
thereafter you will be invoice every four weeks. Any full
weeks of unused prepaid storage will be refunded to you. All
our charges including removal charges must be paid in full
in cleared funds before any goods are released from storage.
16.4 We review storage charges annually.
You will be given 28 days notice in writing of any increase
following which our revised rates as notified will apply.
16.5 On giving you 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 and any eventual surplus
will be paid to you without interest.
16.6 If your payments are up to date
we will not end this contract except by giving you three calendar
months notice in writing. If you wish to terminate your storage
contract you should give at least 14 days notice. If we can
release the goods earlier we will do so, provided your account
is up to date.
16.7 If you choose someone else to collect
your goods from our storage facilities we will make a reasonable
handling charge which must be paid in advance. Our responsibility
for such goods will cease upon their being handed over to
you or your chosen representative.
17. Whole agreement
The terms and conditions together with
our quotation are intended to form the whole agreement between
us and to prevail over any verbal discussions. Should we mutually
agree to any variation of these terms such variation should
be confirmed in writing.
18. Jurisdiction
This contract is subject to the laws of
England and Wales. |