Please read our Terms and Conditions carefully. If you do not understand any part or need some extra details, please feel free to call or email us and we will be happy to assist you.
Terms of the contract between Shirleys Removals Ltd the Removal Contractor (“the Contractor”) and you (“the Customer”) explaining rights, obligations and responsibilities of both parties.
“We” or “Us” is a reference to the Contractor. “You” is a reference to the Customer. “Goods” means the goods being removed and/or packed/unpacked. These terms and conditions can be varied or amended subject to prior written agreement. In clauses 5, 7 and 8 We limit or exclude Our liability for loss and damage. We recommend You arrange insurance to cover Your goods or premises.
2.1 Our quotation/ estimate, unless otherwise stated, does not include insurance, waiting waivers, customs duties, port charges including (but not limited to) demurrage, inspections, or any fees, or taxes payable to government bodies or agencies
2.2 Unless already included in Our Quotation, reasonable additional charges will apply in the following circumstances:
2.2.1 Our costs change because of currency fluctuations, changes in taxation, freight, fuel, ferry or toll charges beyond our control.
2.2.2 We have to collect or deliver goods at Your request above the ground floor and first upper floor.
2.2.3 We supply any additional services, including moving or storing extra goods (these conditions apply to such work).
2.2.4 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.
2.2.5 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.
2.2.6 There are delays or events outside Our reasonable control which increase or extend the resources or time allowed to complete the agreed work.
2.2.7 We agree in writing to increase Our limit of liability set out in clause 7.1 prior to the work commencing.
2.3 You agree to pay any reasonable charges arising from the above circumstances.
3. Work not included in our quotations/estimates
Unless previously agreed in writing we will not:
3.1 Dismantle or assemble unit-furniture (flat-pack), fittings or fitments.
3.2 Disconnect or reconnect appliances, fixtures, fittings or equipment.
3.3 Take up or lay fitted floor coverings.
3.4 Take down or re-hang curtains, blinds or other window coverings.
3.5 Move items from a loft, unless properly lit and floored and safe access is provided.
3.6 Move any items excluded in clause 5.
3.7 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.
3.8 Undertake any work our removal staff is not authorised or qualified to carry out, which may effectively cause damage. Move any item or items which our removal crew reasonably believe they cannot move safely or the removal of which may damage the item or items in question or its or their surroundings
4. Your responsibility
4.1 Declare to us, in writing, the value of the goods being removed in a form of a signed valued inventory list before the removals take place (provide in pdf form via email or printed copy). The value to be used is the current value (not a new for old value).
4.2 If you do not provide us with a Valued Inventory of the goods to be removed it is your responsibility to arrange adequate insurance cover for the goods submitted for removal transit against all insurable risks as our liability is restricted to a maximum £30.00 per item as per clauses 7.1 and 7.2
4.3 Obtain at your expense all documents necessary for the removal to be completed.
4.4 Ensure authorised signature on agreed inventories, receipts, waybills or other relevant documents on collection or delivery of Goods.
4.5 Be present or represented throughout the collection and delivery of the removal.
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.
4.6 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal. 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.
4.7 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
4.8 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;
4.9 Provide Us with a correct and up to date contact address and telephone number during removal transit and/or storage of goods.
4.10 Arrange appropriate transport, storage or disposal of goods listed in clause 5
4.11 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
4.12 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.
5. Excluded Property – Goods not to be submitted for removals
Unless previously agreed in writing by a director or other authorised company representative, the following items must not be submitted for removal and will under no circumstances be moved by Us. The items listed under 5.1 below may present risks to health and safety and of fire. Items listed under 5.2 to 5.7 below carry other risks and You should make Your own arrangements for their transport.
5.1 Potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
5.2 Jewellery, furs, wines, spirits, watches, tobacco, cigars, cigarettes, trinkets, precious stones or metals, cash and the like, bullion, deeds, securities, mobile telephones, portable media and computing devices, stamps, coins, or goods or collections of any similar kind, prepaid phone cards and similar, bonds, fine art.
5.3 Goods likely to encourage vermin or other pests or to cause infestation or contamination.
5.4 Perishable items and/or those requiring a controlled environment.
5.5 Any animals, birds, fish, reptiles or plants.
5.6 Goods which require special licence or government permission for export or import.
5.7 Under no circumstances will Prohibited or stolen goods, drugs or pornographic material be moved by Us.
Inspection of goods and disposal of certain goods
(1) We reserve the right to open or inspect goods to ensure compliance with clause 5 above or in the interests of health, safety or security.
(2) If upon opening or inspecting the goods We on reasonable grounds believe that the Customer is in breach of clause 5 above or that the goods pose a threat to health, safety or security We shall be entitled (without prejudice to any other rights it may have) to dispose of the goods forthwith without compensation to the Customer.
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.
6. Ownership of the goods
By entering this Agreement, you guarantee that:
6.1 The goods to be removed are Your own property, or the goods are Your property free of any legal charge; or
6.2 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.
6.3 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.
6.4 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 6.1 or 6.2 is untrue.
6.5 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.
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. Unless otherwise agreed in writing if we are negligent or in breach of contract we will pay You up to £30 for each item which is lost or damaged as a direct result of any negligence or breach of contract on Our part. 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 2.2.7.
7.2 It is Your responsibility to insure Your Goods.
7.3 We may choose to repair or replace the damaged or lost item. However, if we choose to repair the item, we will not be liable for any depreciation in value.
7.4 Other than because of our negligence, we will not be liable for any loss, damage or failure to deliver the goods if it is caused by any of the following circumstances:
7.4.1 Fire, howsoever caused.
7.4.2 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.
7.4.3 Normal wear and tear, natural or gradual deterioration, leakage or evaporation from perishable or unstable goods. This includes goods left within furniture or appliances.
7.4.4 Cleaning, repairing or restoring unless we did the work.
7.4.5 Moth or vermin or similar infestation, damp, mould, mildew or rust.
7.4.6 Electrical or mechanical damage to any appliance, instrument or equipment unless there is evidence of external impact.
7.4.7 Breakage of owner packed property unless the box or container shows signs of external damage.
7.5 Additionally, we will not be liable for any loss of or damage to:
7.5.1 Any goods in wardrobes, drawers or appliances, or in a package, bundle, case or other container not both packed and unpacked by us.
7.5.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of a similar kind, unless you have previously given us full information including value, and we have confirmed in writing that we will accept responsibility.
7.5.3 Goods which have a relevant proven defect or are inherently defective.
7.5.4 For perishable items and/or those requiring a controlled environment
7.5.5 Bonds, manuscripts and documents or electronically held data records, mobile telephones.
7.5.7 Refrigerated or frozen food or drink.
7.5.8 Loss of or damage to china, glassware and fragile items, unless they have been both professionally packed and unpacked by us or our subcontractor. In the event of an accident involving an owner packed container where damage has occurred irrespective of the quality of the packing, our liability is limited to £30 or its actual value, whichever is less.
7.5.9 Other than because 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 deliver the goods.
II. Standard Liability
We have a “Goods in Transit” policy which can be endorsed to cover client’s goods. Please ensure that you declare to us, in writing, the value of the goods being removed in a form of a signed valued inventory list before the removals take place (provided in pdf form via email or printed copy). The value to be used is the current value (not a new for old value). As our customer, you will have no enforceable rights under our policy.
All claims arising from contracts of removals must be notified to the remover on the day of delivery of the property, whether unpacked or not.
III. Any liability under chapter I or II above is expressly subject to all or any other applicable exclusions set out elsewhere in this agreement
8. Damage to premises or property other than goods
8.1 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:
8.1.1 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.
8.1.2 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.
8.1.3 If We are responsible for causing damage to Your premises or to property other than goods submitted for removal, 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
9. Exclusions of liability
9.1 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.
9.2 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.
9.3 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:
9.3.1 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.
9.3.2 Moth or vermin or similar infestation.
9.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
9.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
9.3.5 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.
9.3.6 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
9.3.7 For any goods which have a pre-existing defect or are inherently defective.
9.3.8 For perishable items and/or those requiring a controlled environment.
9.3.9 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
9.3.10 For items referred to in clause 5.
9.4 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.
9.5 Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised representative.
9.6 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.
10. Time limits for claims
10.1 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 or as soon as practically possible.
10.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within 48 hours of delivery by Us. We may agree to extend this time limit upon receipt of Your written request provided such request is received within five (5) days of delivery. Consent to such a request will not be unreasonably withheld.
11. Our rights to withhold or dispose of goods
We have a legal right to withhold or ultimately dispose of some or all of the goods until you have paid all our charges and other payments due under this 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 as a result of our withholding your goods and these terms and conditions will continue to apply.
If there is a dispute arising from this agreement which cannot be resolved either you or we may refer the matter to the Ombudsman subject always to the rules of the Scheme from time to time.
13. Sub-contracting the work
1. We reserve the right to sub-contract some or all of the work for which we have provided a quotation without reference to you.
2. If we sub-contract these conditions will still apply in full.
14. Route and method
1. We have the right to choose the method and route by which to carry out the work.
2. Unless it has been specifically agreed otherwise in writing in our quotation/estimate, other space/volume/capacity on our vehicles may be utilised for consignments.
Where you produce a valued list of goods (valued inventory) and send it to US, it will be accepted as accurate unless you write to us 48 hours’ prior the agreed removals date.
16. Whole agreement
These Terms and Conditions together with our quotation/estimate are intended to form the whole agreement between us and to prevail over any verbal discussions. Should we mutually agree to any variation of these terms such variation should be confirmed in writing. Any variation however agreed shall never invalidate the remainder of these Terms and Conditions.
17. Applicable Law
This contract is subject to the laws of England and Wales or the country in which the office of the company issuing this contract is situated.
18. Payment Terms
Payment can be made in cash, by credit/debit card or via bank transfer. Cash payments are made upon service completion. Payments via bank transfer or credit/debit card must be made prior to providing the service. Card payments are subject to 3% administration charge. In some cases, we may require you to pay a deposit payment in advance.
You have the right to cancel the removals until 2 working days’ prior the agreed date without paying any fee.
If you cancel the job within 48 hours before the originally agreed date, we have the right to charge 30 % of the original quote as administration fee.