These conditions explain your rights, obligations and responsibilities and those of “Rainbow Removals” A Contract is a two-way arrangement and it is important that everyone knows where they stand. Where we use the word” you or” Your” it means the customer, “We” “Us” or “Our” means “Rainbow Removals” These conditions can only be changed by our written agreement.
1. Our quotation is a fixed price which includes insurance to a maximum of £50,000 unless otherwise stated in writing by ourselves. We may change the price or make additional charges if any of the following have not been taken into account when preparing our quotation and confirmed by us in writing. (a) You do not accept in writing within 56 days, with a firm removal date to which we agree in writing, (b) We have to collect or deliver goods above the ground and first upper floor unless stated to us in writing, © 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 vehicle and/or containers to load and/or unload 20 metres of the doorway, and this means we have to do extra work, (d) Any parking or other fees or charges that we have to pay or carry out services on your behalf, (e) There are delays or events outside our reasonable control.
2. Work not included in the quotation unless agreed by ourselves in writing. (a) Dismantling or assembling unit or system furniture (flat pack), fitments or fittings, (b) Disconnect or reconnect appliances, fixtures or fittings or equipment, © Take up or lay fitted floor coverings, (d) Move storage heaters unless they are dismantled, (e) Move items from a loft, unless properly lit and floored and safe access is provided, (f) Move or store any items excluded under clause 4, Our staff are not authorised 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 It will be your responsibility to , (a) declare to us the value of the goods being removed and / or stored, (b) Arrange adequate insurance cover for the goods submitted for removal transit and/or storage against all insurable risks, © Obtain at your own expense all documents, permits, licences, customs documents necessary for the removal to be completed, (d) Be present during the removal, (e) Take all reasonable steps to ensure that nothing should be removed that is not being moved and that nothing is left behind or taken away in error. (f) Arrange (proper protection for goods left in unoccupied premises, or where other people such as but not limited to) tenants or workman are or will be present, (g) Prepare adequately and stabilise all appliances or electronic equipment prior to their removal, (h) Empty properly defrost and clean refrigerators and deep freezers, We are not responsible for the contents, (I) Provide us with a contact address for correspondence during removal transit and/or storage of goods, other than by reason of our negligence. We will not be liable for any loss or damage, cost or additional charges that may arise from any of these matters.
4. Goods not to be submitted for removal or storage. The following items are specifically excluded from this contract, (a) Jewellery, watches, trinkets, precious stones, money, deeds, securities, stamps, coins or goods or collections of a similar kind, (b) Prohibited or stolen goods, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition. © Plants or goods likely to encourage vermin or other pests or to cause infestation, (d) Refrigerated or frozen food or drink, (e) Any animals and their cages or tanks including nets, birds or fish, (f) Goods which require special licence or government permission for export or import, such goods will not be removed by except with our prior written agreement, In the event that we do remove such goods we will not accept liability for loss or damage wholly or mainly attributed to the special nature of the goods concerned. If you submit such goods 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 or penalties claimed against us, in addition we shall be entitled to dispose of (without notice) any such goods which are listed under paragraph 4(b) 4(c) 4(d).
5. Ownership of the goods. By entering into this contract, you declare that (a) The goods to be removed and/or stored are your own property, or (b) 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, You will meet any claim for damages and/or costs against us if these declarations are not true.
6. Charges If you postpone or cancel, we may charge according to how much notice is given, (a) More than 14 days before the removal was due to start. Nil (b) Less than 14 days, but more than 8 days before the removal was due to start. 30% of the removal charge © Less than 8 days before the removal was due to start (60% of the removal charge). (d) Under 72 hours before the removal is due to start (100% of the removal charge).
7. Paying for the removal. Unless otherwise stated by us in writing. (a) payment is required, by cleared funds in advance of the removal or storage period. (b) You may not withhold any part of the agreed price. © In respect of all sums which are overdue to us, we will charge interest at 4% above the base rate of Barclays bank PLC.
8. Our liability for loss or damage. Our liability for loss or damage is limited as set out in clause 8 (a) below you may request us to increase our liability as set out in clause 8 © below subject to our express written agreement in advance of carrying out the removal and/or storage and payment of an additional charge. (a) In the event of our losing or damaging your goods. If we are liable we will pay you their value to a maximum sum of £50 sterling for any one item, suite set or complete case or other container and its contents whichever is the smaller sum to cover the cost of repairing or replacing that item or (b) We may choose to repair or replace the damaged item. If an item is repaired we may not be liable for depreciation in value. © Always subject to receiving your itemised valued inventory and request in writing to increase liability, prior to the removal and/or storage commencing. We may offer to extend liability to the value declared by you to us. This is not an increase on the odds and you are strongly advised to accept the insurance offered in our quote or if accepting cover yourself, You are advised to show this contract to your insurance company. (d) Other than by reason of our negligence we will not be liable for any damage or failure to produce the goods if it is caused by those circumstances set out in the following - (1) By fire howsoever caused (2) By war, invasion acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, acts of god, industrial action or other such events outside our reasonable control, (3) By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishables or unsuitable goods. This includes goods left within furniture or appliances, (4) By moth or Vermin or similar infestation, (5) By cleaning, repairing or restoring unless we did the work. (6) To any goods in furniture, drawers or appliances or in a package, bundle case or other container not both packed and unpacked by us, (7) For electrical or mechanical derangement to any appliance, instrument or equipment unless there is evidence of external impact. (8) To jewellery, watches, trinkets precious stones or metals, money, deeds, securities, stamps, coins or goods or collections of a similar kind howsoever caused, unless you have previously given us full particulars with value and we have confirmed in writing that we accept responsibility as in conditions 8(a) or 8© above (9) To any goods which have a relevant proven defect or are inherently defective (10) To animals and their cages or tanks including pets, birds or fish 911) To plants (12) To refrigerated or frozen food or drink. (e) Other than by reason of our negligence, we will not be liable for any damage or costs resulting indirectly from, or as a consequence of loss, damage or failure to produce the goods. (f) No employed of ours shall be separately liable to you for any loss damage miss-delivery, errors or omissions under the terms of the contract.
9.Time limit for claims. (a) For goods which we deliver, you must note any visible loss, damage or failure to produce any goods at the time of delivery. (b) If you or your agent collect from our warehouse. You must note any damage at the time the goods are handed to you. © Notwithstanding clause b, we will not be liable for any loss of or damage to the goods unless a claim is notified to us in writing as soon as such loss or damage is discovered for with reasonable diligence ought to have been discovered and in any event within (7days) of collection of the goods from us or delivery of the goods from us or delivery of the goods by us, as the case may be. (d) the time limit is referred to in clause 10(b) and 10(c) above shall be essential to the contract. (e) Upon your written request we may at our discretion agree to extend your time for compliance with clause 10 © provided your request is received within the time limits provided for any subject to this proviso we will not unreasonably refuse such request.
10 Delays in transit (a) other than by reason of our negligence, we will not be liable for delays in transit. (b) If through no fault of ours we are unable to deliver your goods, we will take them into store. This contract will then be fulfilled and any additional services including storage and delivery, will be at your expense.
11. Damage to premises or property other than goods. (a) We will not be liable for any damage to premises or property other than goods submitted for removal and/or storage unless we have been negligent. (b) If we cause damage as a result of moving goods under express instructions against our advise and where to move the goods in the manner instructed will inevitably cause damage we shall not accept that we were negligent. © If we are responsible for causing damage to your property or to a property other than goods submitted and/or storage you must note this on the worksheet or delivery receipt. This is essential to the contract.
12. Our rights to hold the goods (Lien) We shall have the right to withhold or ultimately dispose of all the goods until you have paid all our charges and any other payments due under this or any other contract. These include any charges that we have paid out on your behalf. Write we hold the goods and wait for payment you will be liable to pay all storage charges and other costs incurred by our withholding your goods and these terms &conditions shall continue to apply.
13. 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 appointed by the chartered institute of arbitrators. The cost of any such arbitration will be at the discretion of the arbitrator.
14. Our rights to sub contract the work. (a) We reserve the right to sub-contract some or all of the work, (b) If we sub-contract the work these conditions apply.
15. Route and method. We have the full right to choose the route for delivery. (b) Unless it has been specifically agreed in writing on our quotation, Other space/volume/capacity on our vehicle and/or the containers may be utilised for consignments or other customers.
16. Advise and information. Advise and information in whatever form it may be given is provided by the company for the customers use only. Any oral advise given without special arrangement is provided gratuitously and without contractual liability.
17. Applicable Law. This contract is subject to English and Welsh Law and jurisdiction.
The following conditions apply to the storage of goods.
18. Your forwarding address. (a) If you send goods to be stored you must provide an address for letters and notify us if any changes. All correspondence and notices will be considered to have been received by you seven days after posting it to your last address recorded by us. (b) if you do not provide and 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.
19. List of goods Storage customers only. (Inventory) It is the responsibility of the client to provide a list of goods (inventory) with approx values, failure to do this would make the insurance invalid. Inventory Sheets can be supplied by us at your request, All inventory’s have to be signed by both parties. For insurance to be valid.
20. Collection of Cartons. The Client and Rainbow have the right to collect or deliver Cartons at their convenience. Rainbow will try to collect the cartons as soon as possible but this may depend when a vehicle is in or around that location. Customers are Reminded that the further the distance from our operating centre the longer time it may be before Rainbow can collect and in some cases it would not be viable for Rainbow to collect so the onus would be on the client. Rainbow will always give a full deposit refund for any cartons delivered or collected. Cartons are charged at £1.50 each, which is refundable when cartons are returned. Reams of paper £15.00 non refundable, Tape £2.00 each non refundable, Bubble wrap £15.00 per large roll non refundable.
21. Revision of storage charges. We review our storage charges periodically, you will be given 28 days notice in writing of any increases.
22. Our rights to sell or dispose of the goods. 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 any interest.
23. Termination. If 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 must give us at least 14 days notice. 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.
24. Handling out charges. If you make your own arrangements to collect the goods from our warehouse, we are entitled to make a charge for handing them over and in a case where we have agreed a delivery cost that cost will stand. Our liability will cease upon handing over the goods.
25. Late access. Our quotation assumes access to your property no later than 14:00 on your removal day. Further delays may result in additional charges to cover overtime payments. We include a late Access Waiver which costs £35 and covers for late access on the removal day. |