Terms and Conditions - Elephant Removals
These Conditions explain your rights, obligations, and responsibilities and those of your contractor. 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 the contractor named on the front of this contract. These Conditions can only be Changed or amended by our written agreement.
If you pay our charges, including the insurance premium (if necessary) shown on our account, then while your HOUSEHOLD GOODS and PERSONAL EFFECTS are in our care, for the purposes of removals and or storage, they will be insured against ALL RISKS including the risk of Fire when in store on an Indemnity basis subject to the conditions and exceptions below for the amount of their full value in like condition and similar age as declare by you to us on the acceptance of our estimate. If you do not declare a value, we will only arrange cover on your goods for up to £15000. An additional premium may be required if you declare a high value.
A, This insurance being granted upon an indemnity basis shall not apply to nor include.
i) Loss of or damage to.
ii) Furniture exceeding £100 in value, Jewellery, Watches, Trinkets, Precious Stones, Precious Metals, Money, Deeds, Bonds, Security, Stamps of all kinds, Manuscripts or other documents.
iii) Liquor, Perfumery, Tobacco, Foodstuffs, Livestock, Plants, Perishable Goods of any kind, Mobile and WAP Phones and accessories and explosives, other then in encased sporting gun ammunition carried in the course of a household removal.
iV) Architectural Models, including 3D building or house etc.
B, Any loss, destruction, damage or consequential whether direct or indirect of war, Invasion, Act of Foreign Enemy, Hostilities whether war be declared or not, Civil War, Rebellion, Insurrection or Military or Usurped Power, Terrorism or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from nuclear waste from the combustion of nuclear fuel.
C, Any loss or damage caused by or arising from wear and tear, Gradual deterioration, Moth or vermin, damp, mildew, rust, or atmospheric or climate causes or the leakage of liquid from any receptacle or container.
D, Indirect or Consequential Loss of any Hkind or description.
E, Loss or damage to individual items not packed by us, and any subsequent damage to the property or the effects, Trunks, cases and drawers, unless the contents thereof gave been previously listed and disclosed to the Remover in writing and confirmed by our moving company in writing, In the event of total loss of an owner packed receptacle where the contents thereof have not previously been listed and disclosed to us the liability for that receptacle and its contents is limited to the sum of £30 or its actual value; whichever is the less.
F, Breakage or damage to china, Glassware, fragile or articles unless such items are professionally packed, transported and unpacked by us or our Sub-Contractor(s).
G, Electrical, Electronic or mechanical derangement of any items of electrical, electronic, or mechanical equipment, machinery, apparatus or instruments unless external physical damage has occurred or other than as a direct result of fire, derailment, collision or overturning of the conveying vehicle, vessel or aircraft.
H, Structural damage to system of furniture constructed of veneered chipboard, or any education in the quality thereof arising as the result of transportation, dismantling or re-assembly of any items of furniture. Team cannot be held responsible after leaving as rectification later will not be done as we cannot guarantee any subsequent handling.
I, The first £50 of each and every claim. Where any insured item consists of articles in a pair or set, this insurance is not to pay more than either, The value of any particular part or parts which may be lost or damaged, without reference to any special value which such article of articles may have as part of such pair or set. A proportionate part of the insured value of the pair or set.
J, The insurers may at any time after loss or damage take and keep possession of the insured property and deal with the salvage and if the insured or anyone acting on his behalf shall obstruct or prevent the insurers from doing so, all benefits under this insurance shall be fortified, no property may be abandoned to the insurers.
K, If a claim may hereunder be in any respect fraudulent, or any fraudulent devices be used by you or anyone acting on your behalf to obtain any benefit under this insurance all benefit there under shall forfeited.
L, This insurance is subject to the Condition of Average, that is to say if the property covered by this insurance shall at the time of the loss be of greater value than the Sum insured hereby the insured shall only be entitled to recover hereunder such proportion of the said loss as the Sum insured by this insurance bears to the Total Value of the said property.
M, Any claim must be advised to the issuing Remover in writing within 7 days of your removal or delivery from store, time being of the essence.Each van load is covered for loss or damage to £15000 of customers' belongings during transit, subject to an excess charge of £250.00 per claim.
N. It is the responsibility of the customer to ensure extra insurance is arranged if required.
O, Any fitting unfitting of any kind will be charged at £50 an hour rate besides customer must arrange to disconnect any electrical items such as washing machine etc by an approved plumber or electrician. If you still insist on our staff to carry out such service then do it on your own risk. The Company will not be liable for any damages to the property or its effects, It is solely customers responsibility to inspect all areas on completion.
Our quotation is a fixed price. Unless otherwise stated, it does not include insurance, customs duties and inspections or any other fees payable to government bodies.
If further insurance cover is required, the company must be given this request in writing along with acceptable proof such as approval from an authorised surveyor, at the time of booking.
Any subsequent claim can not automatically be made for the total amount of the requsted insurance if the curative cost for the affected item(s) is below the value of the requested cover.
Claims can not be made for articles that were not covered by insurance or that did not subscribe to our terms and conditions.
Claims can not be made for the replacement of items if the curative cost of the item is below the cost of its replacement.
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 it in writing within 28 days, with a firm removal date to which we agree in writing.
(b) By your delay, the work is not carried out or completed within three months.
(c) Our costs increase (or decrease) because of currency fluctuations or changes in taxation or freight charges beyond our control.
(d) The work is carried out on a Saturday, Sunday or Public Holiday at your request.
(e) We have to collect or deliver goods above the ground and first upper floor.
(f) We supply any additional services, including moving or storing extra goods, (these conditions apply to such work).
(g) The stairs, lifts or door ways 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 and/or containers to load and/or unload within 20 metres of the doorway, and this means we have to do extra work.
(h) Any parking or other fees or charges that we have to pay in order to carry out services on your behalf.
(i) There are delays or events outside our reasonable control.
j) We agree in writing to increase our limit of liability set out in clause 8.
k) For jobs exceeding 7pm, forty percent extra will be applied per hour on the hourly rates.
l) If the quote is based on one vehicle load/trip, any similar subsequent trip will be charged additionally based on the fixed written quote provided, payment will be processed automatically on the same card on which the initial deposit was paid from.
In all these circumstances, you will pay the adjusted charges along with any surcharges on credit cards.
2. Work not included in the quotation. Unless agreed by us in writing we will not:
(a) Dismantle or assemble unit or system furniture (flat-pack), fitments or fittings.
(b) Disconnect or reconnect appliances, fixtures, fittings or equipment.
(c) Take up or lay fitted floor coverings.
(d) Move storage heaters unless they are dismantled
(e) Move items from aloft, 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 sole 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.
(c) Obtain at your own expense, all documents, permits, licences, customs documents necessary for the removal to be completed.
(d) Be present or represented throughout the removal. It is solely customer’s responsibility to check thoroughly that all goods have been returned; also check the vehicle for your satisfaction, before signing of the paper work. As once we have departed, the company cannot be held responsible for any misconceptions, lost or damaged items.
(e) Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
(f) 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.
(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 and keep us updated 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 loan or damage, disposal whilst not paying, costs or additional charges that may arise from any of these matters.
(j) Any waiting charge will be charged at the rate of £60.00 per hour.
(k) We accept no responsibility for loss or damage to goods after they are delivered into a self storage facility or if the goods are subsequently handled by another party,
(l) Should you require access to your goods stored in our storage facility, we require a minimum of 7 to 14 days advance notice, however more advanced notice is preferred. After you have made a request to access to your items in writing and if we could arrange and grant access earlier, we shall confirm this in writing, in any case we need to have everything in writing.
m) If you are moving into our storage, you are not allowed to store: acids, drugs, alcohol, animals, food, liquids, living plants, gas, cash, firearms, explosives and illegal goods. Please note that our storage quote is strictly based on the inventory/items list you have provided. If you happen to have extra items, you will need to inform us in advance and check for availability first or this may incur extra charges on the day of your move. Storage access fee is £30 per visit.
n) Any additional cost incurred due to unforeseen circumstances such as a result of vehicle being overloaded, delays beyond our control, will be billed to client.
o) Additional cost may be charged for obtrusive access or passages requiring a long walk, removal of doors or windows and for any unforeseen events or delays due to circumstances beyond Elephant Removal’s control. If during the removal service our vehicle travels through any enforced toll roads (including the Congestion Charging Zone), then the cost of this will be added to the quote. The quote, based on the information provided, and excludes any unusual items (such as a heavy safe or a piano) or circumstances (e.g. a sofa needs to come out / go in through the window). If there are any unusual items and/or circumstances, please give us written instructions via email in advance so that necessary arrangements can be made prior to the move. Any changes can only take effect if we have agreed in to them in writing.
If payments are not received after 14 days of schedule this will result the item(s) to be disposed and additional charges of disposal and labour will be added to your bill including any Administration costs.Late storage fees will apply at the rate of £25.00 per day.
P) ) Any bodies within the household or appointed person(s) during the move, must not engage or interfere with removal with the exception of very heavy objects (not manageable by selected team), otherwise any claim of that particular item will be invalid.
Q) ) If due payments are withheld due to any reason, any claim will be void, even if payment is made at a later stage. Access to goods can be granted upon written request, with agreed advance appointments only, a fee will be applied.
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 or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.
(b) Prohibited or stolen goods, drugs, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
(c) Plants or goods likely to encourage vermin or other pests or to cause infestation.
(d) Refrigerated frozen food & drinks, large glass items need to be transported by specialists glass companies.
(e) Any animals and their cages or tanks including pets, birds or fish.
(f) Goods, which require special licence or government permission for, export or import.
Such goods will not be removed by us 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 attributable 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 loan or damage and you will indemnify us against any charges, expenses, damages or penalties claimed against us. In addition we shall be entitled to dispose of (without notice) any such goods which are listed under paragraphs 4(b), 4(c) or 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 the removal. If the move is cancelled the deposit will be retained. If the move is rescheduled, half of the deposit will be retained.
7. Paying for the Removal. Unless otherwise agreed by us in writing:
(a) Payment is required, as cash, cleared funds in our bank accounts in advance of the removals, storage period or other services.
(b) You may not withhold any part of the agreed price.
(c) Any payment queries must be directed to head office prior to payment on the day, removal staffs do not have the facility or authorisation to amend quotations or sum due.
In respect of all sums which are overdue to us we will charge daily interest calculated at a minimum of 4% per annum or above the base rate for Barclays Bank PLC, whichever is higher.
d) We have the right to charge a reasonable administration charge in the event that a customer who has not paid all sums upon delivery cannot subsequently be contacted.
e) The reason for cancellation should be genuine and valid according to our view, especially when everything has been put in writing or full payment may be required.
f) All due payment must be cleared at end of each day even if the job has to be continued into another day.
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(c) 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 if at all, we will pay you up to a maximum sum of £30.00 sterling for each item which is lost or damaged, or 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 are not liable for depreciation in value.
(c) Always subject to receiving your itemised valued inventory and request in writing to increase our liability, prior to the removal and/or storage commencing, we may offer to extend our maximum liability to the value declared by you to us. This is not an insurance on the goods and you are strongly advised to accept the insurance offered in our quote or if arranging insurance cover yourself, you are advised to show this contract to your insurance company.
For the purposes of clauses 8(a), 8(b) and 8(c), an item is defined any one article, suite, pair, set, or complete case, carton, package or other container.
(d) Other than by reason of our negligence, we will not be liable for any loss, damage or failure to produce the goods if it is caused by those circumstances set out in the following:
(i) By fire howsoever caused.
(ii) 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, industrial action or other such events outside our reasonable control.
(iii) 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.
(iv) By moth or vermin or similar infestation.
(v) By cleaning, repairing or restoring unless we did the work.
(vi) To any goods in wardrobes, drawers or appliances, or in a package, bundle, case or other container not both packed and unpacked by us.
(Vii) For electrical or mechanical derangement to any appliance, instrument or equipment unless there is evidence of external impact.
(viii) 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(c) above.
(ix) To any goods which have a relevant proven defect or are inherently defective.
(x) To animals and their cages or tanks including pets, birds or fish.
(xi) To plants.
(xii) To refrigerated or frozen food or drink.
(e) Other than by reason of our negligence, we will not be liable for damages or costs resulting indirectly from, or as a consequence of loss, damage or failure to produce the goods.
(f) No employee of the contractor named on the front of this contract shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this contract.
g) RESTRICTED ACCESS We will not be liable if requested to carry out odd jobs from an area with restricted access, especially when a customer confirms by signing and confirming that ‘The company will not be liable for removal of certain items that may cause damage to the property and / or the effects.’
9. Extra conditions that apply to removals to/from a foreign country outside the United Kingdom. For goods destined to, or received from a place outside the United Kingdom:
(a) We will accept liability only for loss or damage to goods when they are in our actual possession, and if it can be proven that we were negligent. In such circumstances, we will accept liability as in condition 8(e) or 8(c) above. We are not liable for any loss, damage or failure to produce the goods if it is caused by those circumstances set out in condition 8(d) above.
(b) 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.
(c) 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.
(d) We do not accept any liability for goods confiscated, seized or removed by Customs Authorities or other Government Agencies.
10. Time limits 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 loss or damage at the time the goods are handed to you.
(c) Notwithstanding clause 8, we will not be liable for any loss of or damage to the goods unless a claim is notified to us or our foreign correspondent 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) days of collection of the goods from us or delivery of the goods by us, as the case may be.
(d) The lime limits referred to in clauses 10(a), 10(b) and 10(o) 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(c), PROVIDED your request is received within the time limits provided for and subject to this proviso we will not unreasonably refuse such a request.
11. Delays in transit.
(a) Other then 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. The contract will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense.
12. 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 your express instruction, against our advice, and where to move the goods in the manner instructed will inevitably cause damage, we shall not accept that we were negligent
(c) If we are responsible for causing damage to your premises or to property other than goods submitted for removal and/or storage, you must note this on the worksheet or delivery receipt, however if it was done under your instruction and you took liability for it. We will not be liable if requested to carry out odd jobs from difficult/restricted access specially when a customer confirms by signing and confirming the extra part of the acceptence form that ‘The company will not be liable for removal of certain items that may cause damage to the property and / or the effects.’ This is essential to the contract.
13. 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 contract. These include any charges that we have paid out on your behalf. While 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 and conditions shall continue to apply.
14. Our right to sub-contract the work
(a) We reserve the right to sub-contract some or all of the work.
(b) If we sub-contract, then these conditions will still apply.
15. Route and method.
(a) 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 vehicles and/or the container may be utilised for consignments of other customers.
16. Advice and information. Advice and information in whatever form it may be given is provided by the company for the customer only. Any oral advice given without special arrangement is provided gratuitously and without contractual liability.
17. Applicable law. This contract is subject to the law of the country in which the office of the company issuing this contract is situated.
EXTRA CONDITIONS THAT 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 it 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 an address or respond to our correspondence or notices, we may publish such notions in a public newspaper in the area to or from which the goods were removed.
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 seven days of receiving it, notifying as of any errors or omissions.
20. Revision of storage charges. We review our storage charges periodically. You will be given 26 days notice in writing of any increases.
21. Our Right 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 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.
22. 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.
23. Hand 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. Our liability will cease upon handing over the goods.
Elephant Removals Ltd, Unit 1, 53 Wandle Way, London SW18 4UJ
1. Customer to arrange and reserve suitable parking spaces at all addresses.
2. Customer to pay for any pay and display, Parking Ticket issued or Tall/Congestion Charge(s).
3. Agreed charge will apply if job enters into the next hour for over 5 minutes.
4. Minimum booking is for 2 hours, unless otherwise given in writing.
5. 10 Minutes break after every 2 hours.
6. Removal Vehicles cannot transport customers.
7. It is client’s responsibility to be present at all addresses concerned throughout the moving process. Elephant Removals will not be liable if you decide to leave the property at any stage or leave the responsibility at any of our staff including locking of the main door before leaving etc or what happens after our staff(s) leave the property, if you decide to do it, do it at your own risk.
8. We reserve the right to refuse, cease or stop the job at any point for valid reasons such as dispute, weather conditions or similar cases.
9. All due charge(s) for services provided are required to be paid in full before unloading the goods / the completion, unless otherwise given in writing by us. Failure of payment will be prosecuted; details will be gained through all necessary methods and resources to prosecute the individual responsible. We have the right to take your goods, store, charge all the costs involved in this procedure, and only deliver back if the payment has been made in full including delivering back costs. In the case of late payment interest will be charged at the rate of 12.25%. Under the provisions of “The Late Payment of Commercial Debt, (Interest) Act 1998". Information will be forwarded to debt collectors, bailiff will be sent if required, will also be black listed. Holding any due payment will also invalidate any insurance cover according to our terms and conditions
10. The porters would place items into the instructed places as long as it is accessible, but they are not responsible for designing or organizing the property.
11. Vehicles are insured for business purposes.
12. No damage will be paid if part / self-loading.
13. Minimum charge for disconnection of appliances ₤15.00 and connection also ₤15.00 depending on how difficult the task maybe at your own risk.
14. Minimum charge for disassembling or assembling will be ₤10.00 per item depending on the nature of the item.
15. Items with special fitting from manufacturer will not be dismantled or assembled.
16. Minimum cost of Dumping is ₤99.00 per half tonne.
17. Minor damage of goods or property will not be paid unless insured.
18. Terms & Conditions may change and update can be found on our website.
19. I accept your quotation for the removal of effects as specified, based on the goods shown to your representative in person or otherwise described by me in a list supplied to you. I confirm that the goods are my own unencumbered possessions or that I am authorised to enter into this contract on behalf of the owner of the goods. I have read and retained a copy of your conditions of contract to which I agree.
20. All payments must be made 10 days prior to removal by cheque or in cash or bankers draft on the day of move prior to unloading..
21. Any withheld payments in part or in full will negate the right to make a claim of any kind, By accepting our services, you give Elephant Removals continues authorisation to take the remaining payment by the card details already given / used.
22. Job arrival times are estimated. Although we do our best to be on time, circumstances out of our control may cause delays.
23. Emergency overnight storage charge would be £150.00
24. There is a minimum charge of £51 minimum (per half tonne) for goods going to the tip / disposal centre.
25. Payment for the move and any insurance purchased cannot be held due to an insurance or any other claim.
Verbal or threatening behaviour will not be tolerated. If the driver is forced to leave the job because of abuse from the customer verbal or otherwise the customer will still be liable to pay in full.
The relevant United Kingdom law shall govern these terms and conditions, and by agreeing to be bound by them the customer agrees to submit to the exclusive jurisdiction of the relevant courts of the United Kingdom.