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.
1.1 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.
2.1 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. Customer responsibilities
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:-
a. 3-5 days: 50% of the total removal charges.
b. 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 (14:00) 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 £17,500 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.
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 (twelve) 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 (twenty eight) days notice in writing of any increase following which our revised rates as notified will apply.
16.5 On giving you 28 (twenty eight) 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 (fourteen) 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.
This contract is subject to the laws of England and Wales.