Terms & 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 7, 8, 9, and 10 We limit or exclude Our liability for loss and damage. We recommend You arrange insurance to cover Your goods or premises.
1. Our Quotation
1.1 Our quotation, unless otherwise stated, does not include insurance, 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 will change if 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 40 metres of the doorway. The quotation will also change if there are any obstacles or restrictions involved that we have not been notified of prior to our arrival.
1.3 You agree to pay any reasonable charges arising from the above circumstances.
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 in order to move a piano.
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 piano removal to be completed.
3.1.3 Be present or represented throughout the collection and delivery of the removal
3.1.4 Provide Us with a correct and up to date contact address and telephone number during removal transit and/or storage of goods.
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. Ownership of the goods
4.1 By entering into this Agreement, you guarantee that:
4.1.1 The piano to be removed and/or stored are Your own property, or the piano is your property free of any legal charge; or
4.1.2 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.
4.1.3 If at any time following the implementation of this agreement to its termination another person has or obtains an interest in the piano You will advise Us of their name and address in writing immediately.
4.1.4 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 4.1.1 or 4.1.2 is untrue.
4.1.5 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.
5. Charges if You postpone or cancel the removal
5.1 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 5.1.1 - 5.1.4. "Working days" refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays.
5.1.1 More than 10 working days before the removal was due to start: No charge.
5.1.2 Between 5 and 10 working days inclusive before the removal was due to start: not more than 30% of the removal charge.
5.1.3 Less than 5 working days before the removal was due to start: not more than 60% of the removal charge.
5.1.4 On the day the work starts or at any time after the work commences up to 100% of Our charges.
6.1 Unless otherwise agreed by Us in writing, payment is required in full by cleared funds in advance of the removal or storage period. In default of such payment We reserve the right to refuse to commence removal until such payment is received.
6.2 In respect of all sums which are overdue to us by 28 days, 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.
7. Our liability for loss or damage
7.1 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.
7.2 Unless otherwise agreed in writing if we are negligent or in breach of contract We will pay You the cost of a reasonable quoatation for repair for each item which is lost or damaged as a direct result of any negligence or breach of contract on Our part to cover the cost of repairing or replacing that item.
7.3 For goods destined to, or received from a place outside the United Kingdom:
7.3.1 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.
7.3.2 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.
7.3.3 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.
7.3.4 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.
7.4 For the purposes of this Agreement an item is defined as:
7.4.1 Piano or piano accessory
8. Damage to premises or property other than the piano
8.1 Our liability is limited as follows:
8.1.1 If we cause loss or damage to premises or property other than the piano for removal as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.
8.1.2 If We cause damage as a result of moving a piano under Your express instruction, against our advice, and where moving the piano in the manner instructed is likely to cause damage, We shall not be liable.
8.1.3 If We are responsible for causing damage to Your premises or to property other than the piano submitted for removal and/or storage, You must note this 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.
9. Exclusions of liability
9.1 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.
9.2 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 piano as a result of:
9.2.1 Normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods left within the piano.
9.2.2 Vermin or similar infestation.
9.2.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
9.2.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water.
10. Time limit for claims
10.1 If You or Your authorised representative collect the piano, We must be notified in writing of any loss or damage at the time the piano is handed to You or Your agent or as soon as practically possible.
10.2 For pianos which We deliver, You must advise us in writing of any loss and damage within seven days of delivery by Us. 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.
11. Delays in transit
11.1 Other than by reason of Our negligence or breach of contract, We will not be liable for delays in transit.
11.2 If through no fault of ours We are unable to deliver Your piano, We will take it into store. The Agreement will then be fulfilled and any additional service(s), including storage and delivery, will be at Your expense.
11.3 Any 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.
12. 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 20). 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.
13. Our right to sub-contract the work
13.1 We reserve the right to sub-contract some or all of the work.
13.2 If We sub-contract, then these conditions will still apply.
14. Route and method
14.1 We have the right to choose the method and route by which to carry out the work.
14.2 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 utilised for consignments of other customers.
15. 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 piano. 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.
16. Applicable law
Any dispute between us will be governed by the non-exclusive law and jurisdiction of the English or Scottish Courts. If you currently reside or are moving to a place outside the jurisdiction of the Courts of the United Kingdom, alternative laws or jurisdiction of local courts may apply subject to our written agreement prior to the work or services commencing.
17. Your forwarding address
17.1 If You instruct Us to store Your piano, You must provide a correct and up to date address and telephone number and notify Us if it changes. All correspondence and notices will be considered to have been received by You seven days after sending it by first class post to Your last address recorded by Us
17.2 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.
18. 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 within a reasonable period agreed between us, notifying Us of any errors or omissions.
19. Revision of storage charges
We review our storage charges periodically. You will be given 30 days' notice in writing of any increases.
20. Our right to Sell or dispose of the piano
If payment of Our charges relating to Your piano is in arrears, and on giving You three months' notice, We are entitled to require You to remove Your piano 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 ofyour piano 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.