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 Team Ltd. 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 8.1.
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 ?11.50 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. Services including three
men team and a lorry have a minimum booking period of 5h,
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 Team
Ltd; we will 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 8.1
and 8.2 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 8.1 and 8.2.
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 Team Ltd. 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 Team Ltd. as the registered
keeper / owner of the vehicle 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 by card 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 and/or card,
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 international moves - (outside of mainland United
Kingdom), we collect payment by card. We require at least 50% of
the payment 48 hours prior to loading at the collection
address with the balance required prior to unloading at the destination
address. If paying by BACS, written notification must be
agreed prior to your move date. All payments by BACS must be cleared
funds and in our account 48 hours prior to your job
commencing.
8.1.8 For fixed price moves AM Team Ltd. prefers to collect
payment by card. We require at least 50% payment prior to sending
out the team to the pick up address of the client. If paying
by BACS, written notification must be agreed prior to your move date.
All payments by BACS must be cleared funds and in our
account 48 hours prior to your job commencing.
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%u201Fs 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 Team Ltd. 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 Advice and information for International Removals
We will use our reasonable endeavours to provide you with up
to date information to assist you with the import/export of your goods.
Information on such matters as national or regional laws and regulations which
are subject to change and interpretation at any time is provided in good faith
and is based upon existing known circumstances. It is your responsibility to
seek appropriate advice to verify the accuracy of any information provided.
18.1 Applicable law
This contract is subject to the law of the country in which
the office of the company issuing this contract is situated.
20 Your forwarding address
20.1 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.
20.2 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.
21 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.
22 Revision of storage charges
We review our storage charges periodically. You will be
given 3 months notice in writing of any increases.
23 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.
24 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.