PINNACLE REMOVALS & STORAGE
Terms and Conditions
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 the Remover. These terms and conditions can be varied or amended subject
to prior written agreement. In Clauses 8, 9, 10, and 11 We limit or exclude Our liability for loss and damage. We recommend You
arrange insurance to cover Your goods. We are able to arrange insurance for Your benefit upon request. This insurance will be
separate from this contract and subject to the terms and conditions of the policy.
1. Our Quotation
1.1. Our quotation, unless otherwise stated, does not include insurance, cancellation/postponement waivers, customs duties, port
charges including (but not limited to) demurrage, inspections, or any fees, or taxes payable to government bodies or agencies.
1.2. Our Quotation is valid for twenty-eight days from the date of issue. Unless already included in Our Quotation, reasonable
additional charges will apply in the following circumstances:
1.2.1. If the work does not commence within twenty-eight days of acceptance;
1.2.2. Where We have given You a price including redelivery from store within Our Quotation
and the re-delivery from store has not taken place within six months from the date of the
issue of the quotation;
1.2.3. Our costs change because of currency fluctuations, changes in taxation, freight, fuel, ferry
or toll charges beyond our control.
1.2.4. The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal hours
(08.00-18.00hrs) at your request.
1.2.5. We have to collect or deliver goods at Your request above the ground floor and first upper
floor.
1.2.6. If You or Your agents request collection or access to Your goods whilst they are in store;
1.2.7. We supply any additional services, including moving or storing extra goods (these conditions apply to such work). This may include (but is not limited to) situations in which it becomes apparent when We collect Your goods that there are additional items, goods or other load, of which We were not informed when We provided Our quote and which was not, therefore, included in the quote.
1.2.8. The entrance or exit to the premises, 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 and/or containers to load and/or unload
within 20 metres of the doorway.
1.2.9. We have to pay parking or other fees or charges (including fines where you have not arranged agreed suspension of parking
restrictions) in order to carry out services on Your behalf. For the purpose of this Agreement parking fines for illegal parking, caused by
Our negligence, are not fees or charges and You are not responsible for paying them.
1.2.10. There are delays or events outside Our reasonable control which increase or extend the resources or time allowed to complete
the agreed work.
1.2.11. We agree in writing to increase Our limit of liability set out in Clause 8.1 prior to the work commencing;
1.2.12. We have to pay operational charges in order to carry out the services, which may be brought in at any time by the law and
amended at any time by the law. Such operational charges may include (but are not limited to) Low Emission Zone (LEZ) charges and
congestion charges.
1.3. You agree to pay any reasonable charges arising from the above circumstances.
1.4. We agree to waive the charges applicable under 1.2.10 upon payment of the Late Key Waiver fee in advance of your move. This
provides cover only where access to your delivery address is delayed beyond the agreed access time and to a maximum of 3 hours
waiting time. Our crew will work up until 7pm or until they have used their hours under the working time directive.
2. Work not included in the quotation
2.1. Unless agreed by us in writing, we will not:
2.1.1. Dismantle or assemble furniture of any kind
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. Dismantle or assemble garden furniture and equipment including, but not limited to:
sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or
move paving slabs, planters and the like.
2.2. 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
3.1. It will be your responsibility to:
3.1.1. 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.
3.1.2. Obtain at Your own expense, all documents, permits, permissions, licences, customs
documents necessary for the removal to be completed.
3.1.3. Pay for any parking or meter suspension charges incurred by Us in carrying out the work.
3.1.4. Be present or represented throughout the collection and delivery of the removal.
3.1.5. Where We provide You with inventories, receipts, waybills, job sheets or other relevant
documents You will ensure that they are signed by You or Your authorised representative
as confirmation of collection or delivery of the 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 stabilise 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. Ensure that all domestic and garden appliances, including but not limited to washing
machines, dish washers, hose pipes, petrol lawn mowers are clean and dry and have no
residual fluid left in them;
3.1.11. Provide Us with a correct and up to date contact address and telephone number during
removal transit and/or storage of goods.
3.1.12. Arrange appropriate transport, storage or disposal of goods listed in clause 4
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 authorised 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 4.1.7 below carry other risks and You should make Your own
arrangements for their transport and storage.
4.1.1. Potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms, fuels, oils, and ammunition.
4.1.2. Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, mobile telephones, portable media and
computing devices, stamps, coins, or goods or collections of any similar kind.
4.1.3. Goods likely to encourage vermin or other pests or to cause infestation or contamination.
4.1.4. We shall notify you in writing as soon as practicable if any of the Goods, are in Our opinion hazardous to health, dirty or unhygienic or likely to attract vermin or pests and under what conditions we would be prepared to accept such Goods or whether we refuse to accept them. Should we refuse to accept the goods We will have no liability to You.
4.1.5. Perishable items and/or those requiring a controlled environment.
4.1.6. Any animals, birds, fish, reptiles or plants.
4.1.7. Goods which require special licence or government permission for export or import.
4.1.8. Under no circumstances will Prohibited or stolen goods, drugs or pornographic material be
moved or stored by Us.
4.2. 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 may apply for a court order to dispose of any such goods found in the
consignment. You agree to pay Us any charges, expenses, damages, legal costs or penalties reasonably incurred by Us in disposing of
the goods.
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 the goods are Your
property free of any legal charge; or
5.1.2. You have the full authority of the owner or anyone having a legal interest in them to enter
into this Agreement and You have made the owner fully aware of these terms and
conditions prior to entering into this Agreement and that they have agreed to them.
5.1.3. If at any time following the implementation of this agreement to its termination another
person has or obtains an interest in the goods You will advise Us of their name and
address in writing immediately.
5.1.4. You will provide a full indemnity and pay Us in respect of any claim for damages and/or
costs brought against Us if either statement made in 5.1.1 or 5.1.2 is untrue.
5.1.5. If You wish to transfer responsibility of this Agreement to a third party You will advise Us in writing giving Us their full name and
address. We will issue a new agreement to them. Our Agreement with You will remain in force until We have received a signed
agreement
from the third party.
6. Charges if You postpone or cancel the removal
6.1. If You postpone or cancel this Agreement, We reserve the right to charge you a reasonable postponement or cancellation fee
according to how much notice is given as set out below at 6.1.1 – 6.1.4. We charge these fees based on an assessment of losses we
have incurred as a result of You cancelling or postponing the removal. Examples of the types of loss We might incur are:
administration/back office costs, being unable to re-fill a removal slot with another customer’s work, or engaging employees to work
for your booked removal. “Working days” refer to the normal working week of Monday to Friday and excludes weekends and Public
Holidays.
6.1.1. More than 10 working days before the removal was due to start: No charge.
6.1.2. Between 5 and 10 working days inclusive before the removal was due to start: not more than 30% of the removal charge.
6.1.3. Less than 5 working days before the removal was due to start: not more than 60% of the removal charge.
6.1.4. Within 24 hours of the move taking place; not more than 75% of the removal charge.
6.1.5. On the day the work starts or at any time after the work commences up to 100% of Our charges.
6.2. Cancellation/Postponement Waiver
If offered, and paid for in advance of the commencement of the services, we agree to waive the charges in Clauses 6.1.1, 6.1.2 & 6.1.3.
Our agreement to waive the charges is conditional upon Us receiving written notice of Your intention to Cancel/Postpone no later than
17:00 hours on the preceding Working Day before Services commence. The Cancellation/Postponement charge will entitle You to only
one Cancellation/Postponement.
7. Payment
7.1. Unless otherwise agreed by Us in writing, payment is required in full by cleared funds at the time of booking the removal or
storage period. In default of such payment We reserve the right to refuse to commence removal or storage until such payment is
received.
7.2. 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. Our liability for loss or damage
8.1. We do not know the value of Your goods therefore We limit Our liability to a fixed limit per item.
The amount of liability We accept under this agreement is reflected in Our charges for the work. If You wish Us to increase Our limit of
liability per item You agree to pay a higher price for the work as stated in Condition 1.2.11 (Our Quotation).
8.2. Unless otherwise agreed in writing if we are negligent or in breach of contract We will pay You up to £40 for each item which is lost
or damaged as a direct result of any negligence or breach of contract on Our part.
8.3. For goods destined to, or received from a place outside the United Kingdom:
8.3.1. We will only 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.
8.3.2. 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.
8.3.3. 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 may have limited recourse against the carrier depending upon the carriers particular
terms and conditions of carriage, and You 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.
8.3.4. We do not accept liability for goods confiscated, seized, removed or damaged by Customs Authorities or other Government
Agencies unless such confiscation, seizure, removal or damage arose directly as a result of Our negligence or breach of contract.
8.4. For the purposes of this Agreement an item is defined as:
8.4.1. The entire contents of a box, parcel, package, carton, or similar container; and
8.4.2. Any other object or thing that is moved, handled or stored by us.
9. Damage to premises or property other than goods
9.1. Because third party contractors or others are frequently present at the time of collection or
delivery it is not always possible to establish who was responsible for loss or damage. Therefore Our liability is limited as follows:
9.1.1. If we cause loss or damage to premises or property other than goods for removal as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.
9.1.2. If We cause damage as a result of moving goods under Your express instruction, against our advice, and where moving the goods in the manner instructed is likely to cause damage, We shall not be liable.
9.1.3. 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 as soon as practically possible after the damage occurs or is discovered or in any event within a reasonable time. This is fundamental to the Agreement.
10. Exclusions of liability
10.1. We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is
Your responsibility to insure Your Goods. If You ask Us in writing to arrange insurance cover for You We will, provided You declare the full replacement value of Your Goods and pay the premium in advance.
10.2. We shall not be liable for delays or failures to provide the services under this Agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action, re-scheduled sailing, departure or arrival times, port congestion, or other such events
outside our reasonable control.
10.3. 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 as a result of:
10.3.1. 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.
10.3.2. Moth or vermin or similar infestation.
10.3.3. Cleaning, repairing or restoring unless We arranged for the work to be carried out.
10.3.4. Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water.
10.3.5. 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.
10.3.6. For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
10.3.7. For any goods which have a pre-existing defect or are inherently defective.
10.3.8. For perishable items and/or those requiring a controlled environment.
10.3.9. Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
10.3.10. For items referred to in Clause 4.
10.4. 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.
10.5. Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised
representative (see Clause 11.1 below).
10.6. We will not be liable for any loss or damage caused by Us or Our employees or agents in circumstances where:
(a) there is no breach of this Agreement by Us or by any of Our employees or agents (b) such loss or damage is not a reasonably
foreseeable result of any such breach.
11. Time limit for claims
11.1. If You or Your authorised representative collect the goods, We must be notified in writing of any loss or damage at the time the
goods are handed to You or Your agent otherwise we will not be liable.
11.2. 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. This must be in writing as soon as such loss or damage is discovered
(or with reasonable diligence ought to have been discovered) and in any event in detail within seven (7) days of delivery of the goods, in
order to properly investigate the claim. We may agree to extend this time limit upon receipt of Your written request provided such
request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld.
12. Delays in transit
12.1. Other than by reason of Our negligence or breach of contract, We will not be liable for delays in transit.
12.2. If through no fault of ours We are unable to deliver Your goods, We will take them into store. The Agreement will then be fulfilled
and any additional service(s), including storage and delivery, will be at Your expense.
12.3Any transit times quoted by Us are estimated and based upon information known to Us at the time. Transit times may vary due to
a number of factors outside Our control including but not limited to changes in sailing or departure dates made by the freight/shipping
company, changes in the routes used by the freight/shipping company and port congestion. We will advise You of any material
changes to the transit times as soon as We become aware. We will not be liable for any loss or damage incurred by You as a result of
delays in transit time unless directly attributable to Our negligence or breach of contract.
13. Our Right to Hold the Goods (lien)
“Lien” is the legal right of the remover to hold goods until the customer has paid all outstanding charges. We shall have a right to
withhold and ultimately dispose of some or all of the goods if You fail to pay the charges and any other payments due under this or any
other Agreement. (See also Clause 21). 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 (including legal costs) reasonably incurred by Us in recovering Our charges and
applying Our right of lien. These terms and conditions shall continue to apply.
14. Our right to sub-contract the work
14.1. We reserve the right to sub-contract some or all of the work.
14.2. If We sub-contract, then these conditions will still apply.
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