Terms and Conditions of Business
Terms and Conditions of Business
Of
Henry Speight Limited
|These Terms and Conditions apply to all work we carry out for customers whether| by us |
|that involves removals or storage. No other Terms and Conditions can be imposed|6.7. The goods are china, glassware and fragile items unless they have |
|on us by you. These Terms and Conditions tell you when (and to what extent) we |been both professionally packed and unpacked by us |
|have to compensate you if we lose or damage your goods. Please read them |6.8. Any loss or damage is caused or contributed to by any of the |
|carefully. If you have any doubt about what they mean please ask us before we |following things: |
|start doing any work for you. | |
| |War, invasion, acts of foreign enemies, hostilities (whether war is declared or |
|Important definitions |not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial|
|When we use the following words (in lower or upper case) this is what they |action, events beyond our reasonable control, ionising radiations or radioactive |
|mean: |contamination, chemical, biological, biochemical, electromagnetic weapons, cyber |
| |attack, normal wear and tear, natural or gradual deterioration, leakage or |
|‘We’, ‘our’ or ‘us’ means Henry Speight Limited and its employees, agents and |evaporation of or from perishable or unstable goods, vermin, moth, insects and |
|subcontractors |similar infestation, damp, mould, mildew, or rust, atmospheric or climatic |
|‘You’, ‘your’, ‘they’ means you, our customer and any person appointed by you |conditions, electrical and mechanical malfunction to any appliance, instrument, |
|to be your authorised representative |clock, computer or other equipment, a vehicle being driven under its own power |
|‘Item’ means the entire contents of a box, parcel, package, carton or similar |except when it is being loaded or unloaded from the carrying vehicle or machine, |
|container and any other object or thing that is moved, handled or stored by us |the goods being removable items or accessories to a vehicle, inherent defect, |
|‘Prohibited Goods’ means stolen goods, drugs, pornographic material, money, |defect existing prior to removal or storage or developing during removal or |
|bullion, credit cards, debit cards, ATM cards, cash-replacement cards, store |storage, insufficient or inadequate packaging. |
|cards and gift vouchers, travellers cheques, fine art, securities, bonds, |7. Time limits for claims |
|deeds, bank notes, treasury notes, stamps and similar cash substitutes, weapons|7.1. Whether we deliver the goods to you or you collect the goods from us |
|of all kinds, live creatures, computer chips, memory modules, software licences|you must tell us in writing about any apparent loss of visible damage at |
|and the like, pre-paid mobile phone vouchers, SIM cards and the like, |the time we deliver or you collect |
|potentially damaging or dangerous or explosive items including gas bottles, |7.2. If the alleged loss or damage is not apparent or visible at the time we |
|aerosols, paints, firearms, ammunition, jewellery, antiques, watches, trinkets,|deliver or you collect then you must tell us in writing as soon as the |
|precious stones, metals or porcelain, manuscripts, original legal documents, |loss or damage is discovered (or with reasonable effort should have |
|electronically held data records, mobile phones or other hand held devices, |been discovered) and in all cases within 7 calendar days of the |
|securities, stamps, coins, plants or goods likely to encourage vermin or other |delivery or collection |
|pests or to cause infestation or contamination, perishable items and/or those |7.3. Where it is reasonable to do so we will agree to extend the 7 day time |
|requiring a controlled environment, animals, birds fish or insects, goods which|limit for you making a claim for loss or damage |
|require special licence or government permission for possession or movement | |
|‘Excluded Countries’ means overseas countries including Gambia, Iran and Iraq. |8. Your guarantee about who owns/has an interest in the goods to be |
|This list is not exhaustive, and we will advise you on the time of quotation if|removed/stored |
|this exclusion applies |You guarantee to us that: |
|‘Working Days’ means Monday to Friday excluding Bank and Public Holidays |8.1. You are the only owner of the goods or |
| |8.2. (if anybody else has an interest in them) they have agreed to you |
|1. Our quotation |entering into this agreement and they are aware of these Terms and |
|Possible extra charges |Conditions and their limitations and exclusions of our liability |
|1.1 Unless our quotation says otherwise it doesn’t include any of the |8.3. You will pay us for any claim for damages and/or costs brought |
|following and, if any apply, we will charge you extra: |against us if your guarantee is not correct |
|1.1.a. You don’t write to us accepting our quotation and agreeing to a | |
|firm removal date within 14 days or the work quoted is not carried |9. Extra charges if you cancel or postpone the removal |
|out or completed within Two months from the date of out quotation |9.1. We will charge you if you cancel or postpone the agreed date for your |
|1.1.b. Our costs increase above the level they were at on the date of our |removal |
|quotation because of any reasons beyond our control. (Some |9.2. The amount of our charges will depend on how much advance notice |
|examples are increases in fuel prices and level of taxes) |you give us |
|1.1.c. You ask us to carry out the work on a weekend, a Bank or Public |9.3. We will reduce our charges if we can use the people and vehicles |
|Holiday or outside our normal working hours (8am to 6pm) |that were going to do your removal on another job or jobs that |
|1.1.d. You ask us to collect from or deliver goods to anything above |produce the same level of revenue to us as your job would have |
|ground and first floor levels |done |
|1.1.e. You collect goods stored in our warehouse (we will make a |9.4. The notice periods are: |
|handling charge) |Less than 48hours notice of the removal date - 80% of the quoted price |
|1.1.f. You ask us to carry out any work that is additional to the work |Less than 5 working days before the removal date - 60% of the quoted price |
|described in our quotation |Between 5 and 10 working days inclusive - 30% of the quoted price |
|1.1.g. The stairs, lifts or doorways are inadequate for the free movement |More than 10 working days - Nil |
|of your goods without mechanical equipment or structural | |
|alteration or the approach, road or drive is unsuitable for our |10. You paying us and what will happen if payment is overdue |
|vehicles and/or our containers to load and/or unload within 20 |Unless we agree to something else in writing: |
|metres of the doorway |10.1. The full amount of our charges are payable as cleared funds before |
|1.1.h. Any parking, tolls or any other fees or charges (including any |the removal or storage date |
|customs duties or inspections) that we have to pay to do the work |10.2. You are not allowed to retain any part of our charges or set them off |
|1.1.i Increase in our storage charges after we have given you Three |against any claim you might have for loss or damage |
|calendar months notice in writing |10.3. If any or all of our charges are not paid on the due date we can |
| |charge you: |
|2. Work not included in our quotation |10.3.1 Interest, calculated daily on the amount outstanding, at the rate of 12.75%|
|2.1 Except when we agree in writing we won’t do any of the following |from the due date until payment is made in full as cleared funds |
|things as part of the work and our staff have no authority to vary |10.3.2 All of the costs and expenses involved in collecting the debt from you |
|this: |whether they result from preparation for and the taking of legal action or our |
|2.1.a. Take apart or put back together any furniture or fittings |instructing a debt collection agency |
|2.1.b. Disconnect, re-connect, take apart or put back together any appliances,| |
|fixtures, fittings or equipment |11. Our liability if we damage premises or property |
|2.1.c. Take up or put down fitted floor coverings |Where damage to property (other than the goods being removed/stored) is caused: |
|2.1.d. Take away or put back anything in a loft unless the loft is |11.1. by our negligence we are only liable for whichever is the lesser cost |
|adequately lit, properly boarded out and we consider the access |of our repairing or replacing the damaged property |
|to it is adequate and working in it will be safe |11.2. by your requiring us to remove or store goods after we have warned |
|2.1.e. Move or store Prohibited Goods |you that by doing so we may or will cause damage to property |
|2.1.f. Move goods to or from Excluded Countries |the details of that damage must be noted on our worksheet or delivery |
| |receipt before the removal or storage work is completed |
|3. What you have to do and what happens if you don’t | |
|These are the things you have to do. If you don’t do them and that causes any |12. Our liability for delays in transit |
|extra costs you will have to pay those extra costs to us. Also, if your goods |If because of any circumstances beyond our control: |
|are lost, damaged or disposed of, partly or completely because of you doing any|A delay in transit takes place or |
|of them we won’t compensate you for that loss, damage or disposal |We are unable to deliver your goods |
| |then we are not liable for the consequences of that delay and, in the |
|3.1. Tell us in writing the estimated value of the goods you are |case of an inability to deliver, we will take the goods into storage and |
|removing or storing |any handling or re-delivery costs will be your responsibility |
|3.2. Arrange any documents, permits, permissions or licences needed | |
|to allow the removal and/or storage to take place |13. Our rights to retain and dispose of your goods |
|3.3. Arrange for you to be on site during the removal process |13.1. If you do not pay us everything you owe us under this or any other |
|3.4. Arrange for you to sign any documents needed that confirm the |contract for our costs or anything we have paid out on your behalf |
|collection and delivery of your goods |we can keep your goods in our possession and (two calendar months after sending |
|3.5. Make sure that nothing is taken away that shouldn’t be and |you a letter, to the last address we have for you, telling you we are going to |
|nothing is left behind that shouldn’t be |sell your goods to recover any money you owe us) sell all or part of your goods |
|3 3.6 Protect any of your goods that are in buildings where either |13.2 After we have sold all or part of you goods we will deduct from the proceeds |
|nobody is present or third parties not known personally to you are |of sale: |
|present |all the money you owe us and |
|3.7. Make sure you have secured and stabilised any equipment or |our costs of having the goods sold |
|machines we are asked to move before the move starts |13.3 If there is anything left over after the sale and the deductions above we |
|3.8 Make sure all fridges, freezers, cooling cabinets and similar things |will send the balance to you |
|are empty and dry before the move starts |13.4 If you still owe us any money after the proceeds of sale have been |
|3.9. Give us the contact details (address and telephone) where we can |set against the money you owe us and the costs of disposal we |
|reach you as the work is being done and during any period of |have the right to recover any balance due from you |
|storage | |
|3.10. Promptly reply to our attempts to contact you using your contact |14. Our right to sub-contract/co-load/choose route and method |
|details |14.1. Unless the quotation says otherwise we have an unrestricted right |
|3.11. Not give us Prohibited Goods and, if you do, then allow us at your |to: |
|cost to dispose of them as we see fit we think they are either a |Sub-contract all or any part of the work you ask us to do for you (in which case |
|hazard to health and/or safety or we are breaking the law by |these terms and conditions apply to that sub-contracted work) |
|having them in our possession |Use our vehicles and containers to load and store other persons goods at the same |
|3.12 Keep any goods we move or store for you insured against all risks |as yours |
|for their full replacement value including in-transit cover |Choose route and method of carrying out the work |
| | |
|4. What we have to do and what happens if we don’t |15. List of your goods |
|4.1 Move your goods from one address to another address as you |15.1. If we send or give you a list or other note of the goods we have |
|notify to us and, where required, store them for you. (This excludes |moved or stored for you then that list or note will be accepted by you |
|Prohibited Goods and Excluded Countries) |as accurate |
|4.2. Hand them back to you still packed up and in the same condition |15.2. The accuracy of that list or note may be challenged by you no later |
|they were in when either you or we packed them and before we |than 10 days after we send or give it to you |
|started the removal and/or storage |15.3. That 10 day deadline may be extended if it is reasonable to do so in |
|4.3. If we don’t do what it says we will do in 4.1 and 4.2 above (because |the circumstances |
|we have not taken reasonable care) we will usually compensate | |
|you but not where it says elsewhere in these Terms and Conditions |16. International removals |
|that we won’t |16.1. It is your responsibility to check that you are following all the rules |
|4.4. The amount of compensation for loss or damage depends on the |and regulations that apply to any goods you ask us to move into or |
|situations described in these Terms and Conditions where we are |out of the United Kingdom |
|not liable for any loss or damage |16.2. From time to time we may offer advice or guidance about the import |
| |or export requirements of different countries but if we do then it is |
|5. The level of compensation |offered free of charge, in good faith but without responsibility on our |
|5.1. Subject to the exclusions and limitations in these Terms and |part |
|Conditions our level of liability for loss of or damage to your goods | |
|caused by our negligence or breach of contract is limited to (as to |17. When the storage ends |
|removals) £50,000 any one vehicle and (as to storage) £500,000 |Any agreement between us for the storage of your goods ends when either of us has |
|5.2. If we don’t do what we are supposed to do, and because of that |written to the other giving one calendar months notice of the intention to do so |
|your goods are lost or damaged, then our liability to you is, at our |and you have paid us everything you owe us |
|discretion, the cost of either repairing or replacing goods up to the | |
|limits of liability set out above |18. English law applies |
|5.3. If we are liable to replace your goods we will take into account their |English law applies to any contract between us and English Courts have sole |
|age and condition in assessing their value therefore we do not |jurisdiction over it |
|promise to replace them on a ‘new for old’ basis. If you need that | |
|type of cover you must arrange it at your cost before we start the | |
|removal/storage |Print name: |
|5.4. If the loss or damage is to part of a pair or set of items then our | |
|liability is for the part in isolation, not for the whole pair or set |Date: |
| | |
|6. When we are not liable for any loss or damage | |
|We are not liable for any loss or damage to the goods or any other loss if: | |
|6.1. The goods are Prohibited Goods or are going to Excluded | |
|Countries |Signature: |
|6.2. The goods are taken away by customs or other government | |
|authorities (whether or not they are later returned) | |
|6.3. We have not been negligent when carrying out the removal or | |
|storage | |
|6.4. You are in breach of your obligations | |
|6.5. Indirect or consequential loss of any kind is caused | |
|6.6. The goods are in wardrobes, drawers or appliances or in a | |
|package, bundle, carton, case or other container not packed | |
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