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These
Conditions explain your rights, obligations and
responsibilities, and those of the removal or
storage contractor. A contract is a two-way arrangement
and it is important that everyone knows where
they stand. Where we use the word you, it means
the customer, we or us means the contractor named
on the front of this contract. These conditions
can only be changed or amended by written agreement
between you the customer and us the contractor.
Our
liability for loss or damage is limited (in this
connection please pay special attention to clause
8). For this reason we have included removals
insurance in our quotation/estimate. Insurance
is a separate contract between you and the insurers
and the insurance conditions are separate from
our conditions of contract. If you want us to
carry out any service or move goods, which are
specifically excluded by these conditions, you
must have our written agreement before signing
this contract.
1.
OUR QUOTATION/ESTIMATE
Our quotation/estimate does not include customs
duties, taxes, fees or other duties payable to
government bodies. Although it is a fixed price
we may change it or make additional charges if
any of the following have not been taken into
account when preparing the quotation/estimate.
a) You do not accept it within 28 days.
b) If by your delay the work is not carried out
or completed within 3 months.
c) Our cost increases because of currency fluctuations
or changes in taxation or freight charges beyond
our control.
d) We have to collect or deliver goods above a
second floor.
e) We supply any additional services, including
moving or storing extra goods. (These conditions
also apply to such work).
f) There are delays or events outside our control.
g) The work is carried out on a Saturday, Sunday
or Public Holiday at your request.
h) 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 and
or containers to load and/or unload within 50
metres of the doorway, and this means we have
to do extra work.
i) Any parking or other fees or charges that we
have to pay to carry out services on your behalf.
In
all these circumstances you will pay the extra
charges.
2.
WORK NOT INCLUDED IN THE QUOTATION/ESTIMATE
Unless agreed in writing we will not: -
a) Dismantle or assemble unit or system furniture
(flat pack) fixtures 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 a loft unless properly lit
and floored, and safe access is provided.
f) Remove dismantle or assemble sheds, swings,
climbing frames or any other garden ornaments
or fittings.
g) Move or store any items excluded under clause
5.
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
these services. If any of our staff does this
kind of work for you without our written agreement
we will not be liable for any loss or damage occasioned
of whatsoever nature and howsoever caused.
3.YOUR
RESPONSIBILITY DURING REMOVAL
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 and pay at
your own expense for full replacement value 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 move.
e) Ensure that nothing is taken away in error
or left behind.
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
and 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.
j) We will not be liable for any damage, costs
or additional charges that may arise from your
failure of any of these matters.
4.
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
b) You have the unconditional authority as agent
of the owner of the property to make this contract
on their behalf in respect of the goods to be
moved or stored, and that he/she have been made
aware of these conditions and have agreed to be
bound by them.
You
will meet any claim for damages and/or costs against
us if these declarations are not true. You agree
to indemnify us and keep us indemnified against
any claims or actions if these declarations and
warranties are not true.
5. GOODS NOT TO BE SUBMITTED FOR REMOVAL OR
STORAGE.
The following items are specifically excluded
from this contract and shall not be presented
to us for removal and/or storage.
a) Jewellery, watches, trinkets, precious stones
or metals, money deeds, securities, stamps, coins
or goods or collections of a 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 infection.
d) Refrigerated or frozen food or drink.
e) Any animals and their cages or tanks including
pets, birds or fish.
In
the event that we remove such goods, we will not
accept any responsibility for the loss or damage.
In addition we shall be entitled to dispose of
(without notice) any such goods which are listed
under paragraphs 5B, 5C or 5D.
6. POSTPONEMENT/CANCELLATION
If you postpone or cancel this contract we may
charge you according to how much notice is given
as follows:
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 then 25% of the removal
charge.
c) Less than 8 days but more than 3 days before
the removal was due to start 35% of the removal
charge.
d) Less than 3 days before the removal was due
to start 60% of the removal charge.
7.
PAYMENT FOR THE REMOVAL
Unless otherwise agreed 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.
c) In respect of all sums which are overdue to
us, we will charge interest calculated at 1.5%
per month accruing on a daily basis.
8. OUR LIABILITY FOR LOSS OR DAMAGE
If we are liable for losing or damaging of failing
to deliver your goods, our liability will be limited
to a maximum payment in proportion to IRE350.00
per cubic metre of the volume of the item lost
or damaged even if it forms part of a pair or
set. We may choose to repair or replace the damaged
item. If an item is repaired we are not liable
for depreciation in value. We shall not be liable
for loss or damage resulting from
a) By fire howsoever caused.
b) 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 control.
c) By normal wear and tear, natural or gradual
deterioration, leakage or evaporation, or from
perishable or unstable goods, or atmospheric or
climatic changes.
d) By moth or vermin or similar infestation.
e) Consequential loss of any kind or description.
f) Any goods not packed or unpacked by us.
g) Items which are brittle or have an inherent
defect, contents of deep freezers, the mechanism
in clockwork, electronic or motor driven goods
(unless there are outward signs and visible signs
of impact damage) sensitive equipment or self-assembled,
regardless of who built it originally or for self
assembled furniture which is not suitable for
transporting.
h) Items left inside cupboards or other furniture.
i) Fixtures, fittings, property or goods damaged
as a result of difficult access.
j) Goods received by a third party in an unknown
condition.
k) Any items referred to in clause
9.DELAYS
IN TRANSIT
If we do not keep to an agreed written time schedule
and the delay is within our reasonable control
we will pay you reasonable expenses up to a maximum
ofIR£100.00. If through no fault of ours we are
unable to deliver your goods, we will then take
them into store. The contract will be fulfilled
and any additional service(s), including storage
and delivery, will be at your expense.
10.DAMAGE
TO PREMISES OR PROPERTY OTHER THAN GOODS.
a) If we cause damage as a result of moving
goods under your express instructions against
our advice, and where to move the goods in the
manner instructed will inevitably cause damage,
we shall not accept liability.
b) If we are responsible for causing damage to
your premises or to property, you must note this
on the collection/delivery docket. This is essential
to the contract. Our maximum liability in respect
of any damage shall be limited to the reasonable
cost of repair.
11.
THE LIMITS FOR CLAIMS
We will not be liable for any loss or damage to
any goods unless
a) Any claim for loss or damage to goods which
you or your agent collect from us is notified
to us in writing at the time of collection.
b) For goods which we deliver, you must note any
visible loss, damage or failure to produce any
goods at the time of delivery.
c) You notify us in writing if any loss of or
damage to the goods within 7 days of their delivery
by us to their destination.
d) The time limits referred to in clauses 11A,
11B and 11C 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 11C, provided your request is received
within the time limits provided for and subject
to this proviso we will not unreasonably refuse
such request.
12.
OUR RIGHT TO HOLD GOODS (LIEN)
We shall have a right to withhold or ultimately
dispose of some or all goods until you have paid
all our charges and other payments due under the
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
withholding your goods and these terms and conditions
shall continue to apply.
13.
OUR RIGHT TO SELL OR DISPOSE OF GOODS
On giving you 28 days notice we are entitled
to require you 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.
14.
DISPUTES
If there is a dispute arising from this agreement
which cannot be resolved, either you or we, may
refer it to an independent Arbitrator to be governed
by the Arbitration Acts 1954 to 1980 as amended
and to be appointed by the President for the time
being of the incorporate. Law Society of Ireland.
This shall not prejudice your or our rights.
15.
CLAIMS AGAINST US
Where these are made by third parties (people
other than you) in respect of the goods or the
service provided by us, you will be liable to
pay and indemnify us against any charges, expenses
or penalties claimed against us unless you can
prove that we were responsible.
16.
ROUTE AND METHOD
a)
We may at any time, interchange the goods between
vehicles and warehouses and may also decide as
to which route or by which means the goods shall
be carried.
b) Unless it has been specifically agreed in writing
on our quotation, other space/volume/capacity
on our vehicle and/or container may be utilised
for consignments of other customers.
17.
OUR RIGHT TO SUBCONTRACT
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.
18
. ADVICE AND INFORMATION
Advise and information in whatever form it may
be given is provided by us for you only. Any oral
advise given without special arrangement is provided
gratuitously and without contractual liability.
19.
WHERE THE LAW APPLIES
This contract is subject to Irish Law and
the exclusive jurisdiction of the Irish Courts.
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