TERMS AND CONDITIONS of CONTRACT
Introduction
These 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 AM ONE LONDON LIMITED. These terms and conditions can be varied or amended subject to prior
written agreement. Your attention is drawn to Clauses 8, 9, 10, and 11 which
limit our liability and you should therefore consider specialist insurance to
cover your goods or premises.
1 Our Quotation
1.1 Our quotation, unless otherwise stated,
does not include insurance, customs duties and inspections or any other fees or taxes payable to
government bodies.
1.2 We may change the price or make additional
charges if circumstances are found to apply which have not been taken into account when
preparing our quotation and confirmed by us in writing including but not
limited to:
1.2.1 You do not accept our quotation in
writing within 28 days, or the work is not carried out or completed within two
months of the date of booking.
1.2.2 Our costs change because of currency
fluctuations or changes in taxation or freight charges beyond our control.
1.2.3 The work is carried out on a Saturday,
Sunday, or Public Holiday or outside normal working hours (08.00-17.00hrs) 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 If you collect some or all of the goods
from our warehouse, we are entitled to add a charge for handing them over.
1.2.6 We supply any additional services,
including moving or storing extra goods (these conditions apply to such work).
1.2.7 The 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 to load and/or unload within 20 metres of the doorway.
1.2.8 We have to pay parking or other fees or
charges in order to carry out services on your behalf.
1.2.9 There are delays or events outside our
reasonable control which increase or extend the resources or time allowed to complete the
agreed work.
1.2.10 We agree in writing to increase our
limit of liability set out in Clause 9.1.
1.3 In any such circumstances, adjusted
charges may apply and become payable.
1.4 The current VAT rate of 20% will be added
to the cost of all our services and materials.
1.5 All prices are based on hourly rates
unless previously agreed in writing. All services have a minimum charge of two
hours (see section 1.5.4) with any additional time charged in 30 minute
increments. Prices are estimated to the best of our ability and based on
information provided. If a job is to overrun the hourly rates apply, likewise,
if the job was to take less time you will only be charged accordingly
subject to minimum booking period.
1.5.1 Our charges commence when our team first
arrives at your first collection address and finish when our team has unloaded your items at the
final delivery address. For fixed quotations unless otherwise confirmed by us
in writing we require access to destination address upon arrival. If such is not
available we reserve the right to charge additionally for any waiting time that
may occur.
1.5.2 An extra charge of £15 will be
incurred if travelling through the Congestion charge zone.
1.5.3 Jobs requiring our vehicles to travel
outside the M25 may attract an additional charge to cover driving time to or
from London.
This charge will be added to the total cost of the job and you will be made
fully aware of this if applicable.
1.5.4 Unless otherwise agreed in writing, all
our services have a minimum booking period of 2 hours except those services which we agree to
allocate three men. Three men jobs have a minimum booking period of 3 hours. Packing service
when done on a separate day has a minimum booking period of 2 hours.
1.5.5 Fixed Price quotations have included 1.5
hours for loading the goods and 1.5 hours for unloading them. Any additional time taken to
load/unload the vehicle will be charged accordingly to our hourly rates.
1.5.6 Please note that to secure your booking
with AM ONE LONDON
LIMITED; we may require your debit / credit card details,
including the registered address of the card.
2 Work not included in the quotation
2.1 Unless agreed by us in writing, we will
not:
2.1.1 Dismantle or assemble unit or system
furniture (flat-pack), fitments or fittings.
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 Move items through windows regardless of
which floor the property is on.
2.1.7 Remove doors or windows.
2.2 Our staff are not authorized 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 sole responsibility to:
3.1.1 Declare to us, in writing, the value of
the goods being removed and/or stored. If it is subsequently established that
the value
of the goods removed or stored is greater than the actual value you declare,
you agree that our liability under clause 9.1 and 9.2 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 and/or storage, against all insurable risks as our liability
is limited under clauses 9.1 and 9.2.
3.1.3 Obtain at your own expense, all
documents, permits, permissions, licenses, customs documents necessary for the removal to be
completed.
3.1.4 Be present or represented during the
collection and delivery of the removal.
3.1.5 Ensure authorized signature on agreed
inventories, receipts, waybills, job sheets or other relevant documents by way
of confirmation
of collection or delivery of goods.
3.1.6 Take all reasonable steps to ensure that
nothing that should be removed is left behind and nothing is taken away in
error.
3.1.7 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.
3.1.8 Prepare adequately and stabilize all
appliances or electronic equipment prior to their removal.
3.1.9 Empty, properly defrost and clean
refrigerators and deep freezers. We are not responsible for the contents.
3.1.10 Provide us with a contact address for
correspondence during removal transit and/or storage of goods.
3.1.11 It is the customers responsibility to
provide full disclosure in order for AM ONE LONDON LIMITED to
provide accurate quotations. We require full address details of all collection /
destination addresses; size of your property including storeys / number of bedrooms; lofts,
sheds and / or garage each property has that you wish us to move items from; if
a your property is a flat, which floor it is on and if property is serviced by a
working lift; will lift be able to convey all your items, if there is no lift
or it is not working, what condition the stairs are for access; approx. distance (in
meters) that we can legally park (or park at customers own risk) from your
properties entrance; a list of inventory including number and size of boxes;
how many items can be / or
need to be dismantled and therefore reassembled at the
destination address (s). If going into storage, please advise the size of
room booked in square feet.
3.1.12 Parking outside all collection and
delivery addresses remains the responsibility of the customer and must be
arranged by the customer. If no other arrangements are made and our vehicle is to
receive any infringements whilst carrying out your job, the customer is liable
to pay for this. Customer will be notified and payments to be received in full
on completion of the job.
3.1.13 Please note that AM ONE LONDON LIMITED has to pay any and all parking fines. Where possible upon actual
receipt of PCN, we will always pay within 14 days thus entitling us to the
allowed 50% payment discount. It is this amount which is added to your bill. Please note, we
will require parking to be arranged even on the days of "packing
only" as our teams will need to transport and deliver materials.
3.1.14 It is responsibility of the client to
reconfirm all the details for the appointment with the office on the day before
the actual service is booked to happen.
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 or
storage
4.1 Unless previously agreed in writing by a
director or other authorized 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 (4.1.6) 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, stamps, coins, important documents
or goods
or collections of any similar kind.
4.1.3 Plants or goods likely to encourage
vermin or other pests or to cause infestation or contamination.
4.1.4 Perishable items and/or those requiring
a controlled environment.
4.1.5 Any animals, birds or fish.
4.1.6 Goods which require special license or
government permission to carry.
4.1.7 Items too big to pass through doors and
staircases or too heavy to be lifted by 2 men.
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 and/or stored
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 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
6.1 If you postpone or cancel this Agreement,
we will charge you according to how much notice is given.
6.1.1 More than 48 hours before the removal
was due to start: No charge.
6.1.2 Less than 48 hours before the removal
was due to start: not more than 60% of the standard removal charge.
7. Our right to stop/deny the service:
7.1 We reserve the right to stop the service
at any point
7.1.1 If safe access to all collection or
delivery address is not provided for our teams.
7.1.2 When it is found that the service could
not be performed as requested by the client: including but not limited to:
removal vehicle has to be parked over 50m from the property; part or all of the
furniture cannot fit into the lift (where applicable); part or all of the
furniture needs to be taken through a window / balcony above raised ground
floor; the removal team or office staff is being treated
inappropriately and or disrespectfully.
7.1.3. If we have reasonable believe that full
payment for service provided will not be settled as per section 8 of this
T&C.
7.1.4 In case of injury or accident during the
removal process.
In any case we reserve the right to collect
payment for the service and materials provided including time required to
unload our vehicle(where applicable) subject to our minimum charges described in
section 3.
8. Payment
8.1 Unless otherwise agreed by us in writing:
8.1.1 You may not withhold any part of the
agreed price.
8.1.2 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.
8.1.3 Unless otherwise agreed in writing prior
to the removal date, we accept payments via bank transfer or in
cash.
8.1.4. For removals within London area we
require 50% of the confirmation amount to be collected upon arrival of the team
at the first collection address and the balance prior to completion of the
service according to the time required to complete the service.
8.1.5 For those customers who are unable to be
present at the final destination address, to make payment by cash, we will process
the payment due to us in full, by using the card details collected to secure
the booking. No disputes will be entered into and payment due will be taken in
full.
8.1.6 Customers making payments by
Debit/Credit card either must be the card holder or have the authorization of
the cardholders.
Any revoked card payments will be immediately transferred to our 3rd party
collection agency for re collection with stipulated penalty charges incurred.
8.1.7 For fixed price moves AM ONE LONDON LIMITED prefers
to collect payment via
bank transfer. We require at least 50% payment prior to
sending out the team to the pick up address of the client.
9. Our liability for loss or damage
9.1 Our liability for loss or damage is
limited, as set out in clause 9.1.1 below. Alternatively, you may request us to
increase our liability, as set out in clause 9.1.2 below by notifying us in writing
no later than 3pm 2 working days prior to commencement of work:
9.1.1 In the event of our negligence or breach
of contract resulting in loss of or damage to your goods, the first 150GBP of
any claim
is considered an excess fee and for any claim exceeding this amount we will pay
a sum equivalent to the cost of their replacement or repair to a reasonable standard
whichever is the smaller sum up to a maximum of 40GBP for any one item (see below), or
9.1.2 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 up to a maximum
liability of 50 000GBP. 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 and to show this contract to your insurance company.
9.2.1 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 9.1.1 and 9.1.2
above will apply.
9.2.2 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.
9.2.3 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.
9.2.4 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.
9.2.5 We do not accept liability for loss or
damage to items we have not been able to physically take into the required property/premises,
where this is due to size or weight of set items.
9.3 For the purposes of this Agreement an item
is defined as:
9.3.1 The entire contents of a box, parcel,
package, carton, or similar container; and
9.3.2 Any other object or thing that is moved,
handled or stored by us.
9.4 No claim will be accepted or proceeded
before full payment for the services and materials provided is settled.
9.5. Items with pre-existing damages and/or
compromised structures are not eligible for claims.
10. Damage to premises or property other
than goods
10.1 If we cause damage as a result of moving
goods under your express instruction, against our advice, or where to move the goods is likely
to cause damage, we shall not be liable.
11. Exclusions of liability
11.1 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
11.1.1 By fire howsoever caused
11.1.2 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.
11.1.3 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.
11.1.4 By moth or vermin or similar
infestation.
11.1.5 By cleaning, repairing or restoring
unless we arranged for the work to be carried out.
11.1.6 By change to atmospheric or climatic
conditions.
OR
11.1.7 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.
11.1.8 For electrical or mechanical
derangement to any appliance, instrument, clock, computer or other equipment
unless there is evidence of related external damage.
11.1.9 For
TVs, monitors or similar items unless the items has been inspected by our removal team in working order prior to
collection and adequate materials for packing have either been ordered and
confirmed in writing by us or provided by the client upon arrival onsite. All
damages to those items need to be notified to the office no later than the day
after the removal has been completed.
11.1.10 For any goods which have a pre-existing defect
or are inherently defective.
11.1.11 For animals and their
cages or tanks including pets, birds or fish.
11.1.12 For plants
11.1.13 For perishable items
and/or those requiring a controlled environment.
10.1.14 For items referred to in
Clause 4.
10.1.15 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.
11.2 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.
11.3 Our liability will cease upon handing
over goods from our warehouse (see Clause 12.2 below).
12 Time limit for claims
12.1 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.
12.2 If you or your agents 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.
12.3 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) calendar days of delivery of the goods by us.
12.4 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) calendar days of delivery. Consent to such a request
will not be unreasonably withheld.
13 Delays in transit
13.1 Job arrival times are estimated. Although
we always do our best to be on time, circumstances out of our control may cause delays. We will
not accept responsibility for any customer losses due to unforeseen or
unavoidable delays.
13.2 If through no fault of ours we are unable
to deliver your goods, we will take them into storage. The Agreement will then
be fulfilled
and any additional service(s), including storage and delivery, will be at your
expense.
13.3 AM ONE LONDON LIMITED
reserves the right to refuse, cease or stop the packing or moving process at
any time if our staff are abused or threatened in any way.
14 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 22). 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.
15 Disputes
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.
16 Our right to sub-contract the work
16.1 We reserve the right to sub-contract some
or all of the work without notice.
17 Route and method
17.1 We have the right to choose the method
and route by which to carry out the work.
17.2 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.
18. Your forwarding address
18.1 If you send goods to be stored, you must provide an address for
correspondence and notify us if it changes. All correspondence and notices will
be considered to have been received by you seven days after sending it to your
last address recorded by us.
18.2 If you do not provide an address or respond to our correspondence or
notices, we may publish such notices in a public newspaper in the area to or
from which the goods were removed. Such notice will be considered to have been
received by you seven days after the publication date of the newspaper.
Note: If we are unable to contact you, we will
charge you any costs incurred in establishing your whereabouts.
19. List of goods (inventory) or receipt
Where we produce a list of your goods
(inventory) or a receipt and send it to you, it will be accepted as accurate
unless you write to us within 10 days of the date of our sending, or a
reasonable period agreed between us, notifying us of any errors or omissions.
20 Revision of storage
charges
We review our storage charges periodically.
You will be given 1 month notice in writing of any increases.
21 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 three months 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.
22 Termination
If payments are up to date, we will not end
this contract except by giving you three months notice in writing. If you wish
to terminate your storage contract, you must give us at least 10 working days
notice (working days are defined in Clause 6 above). If we can release the
goods earlier, we will do so, provided that your account is paid up to date.
Charges for storage are payable to the date when the notice should have taken
effect.
