TERMS  OF SERVICE

Terms of Service of Friendly Man and Van © 2013

 

Interpretation

  1. Friendly Man and Van and its affiliates, employers, agents or subcontractors (“we”, “our” or “us”, “the Contractor”) are dedicated to provide a satisfying experience for everyone using their services. In order to do so, we need to establish certain terms and conditions (“Terms of service”) to which all customers (“you”, “your” or “the Customer”) must agree for the mutual benefit and protection.
  2. “Goods” refers to the goods being moved and/or packed/unpacked.

Quotations

The quote is given as a fixed price and does not include any additional material, parking fees, insurance, storage or any other fees whatsoever.

  1. VAT is included in all quotations
  2. Any custom duties and government fees or other statutory fees are not included and will be payable in addition to your quoted price.
  3. If there are circumstances that have not been taken into account when preparing the quotation, it may be amended or additional charges may be made. These factors include but are not limited to:
    • longer than three months period from the quotation
    • currency fluctuation
    • freight taxation
    • delivery of Goods on floors upper than first
    • delays outside of our control
    • limited access to collection/delivery point
    • others, not listed here
  4. The signed quote is not acting as an agreement and does not initiate the contract until we send you a written confirmation that we are available at the required day. Such confirmation will be sent to you within one working day from when we receive your acceptance of our quotation.

Work not included in our quotations

Unless previously agreed in writing we will not:

  1. Take down or hang curtains, blinds or other window coverings.
  2. Dismantle or assemble furniture (flat-pack), fittings or fitments.
  3. Disconnect or connect appliances, dismantle or assemble appliances, fittings or equipment.
  4. Remove or lay fitted floor coverings.
  5. Move storage heaters (unless previously dismantled).
  6. Move items from a loft (unless well illuminated with safe access via staircase).
  7. Move any items excluded in section “Goods not to be submitted for removal or storage”.
  8. Undertake any work our removal staff is not authorised or qualified to carry out, which may effectively cause damage or harm.

Your responsibility

It is your sole responsibility to:

  1. To be present or represented throughout the whole removal.
  2. Obtain all paperwork necessary for the removal to be completed.
  3. Declare the full value of the Goods being transported or packed.
  4. Insure the Goods against all insurable risks.
  5. Ensure that there are authorised signatures on agreed inventories, receipts, waybills or other relevant documents on collection or delivery of Goods.
  6. Empty, defrost completely and clean refrigerators and freezers.
  7. Arrange protection for goods left in unattended premises or where other people – not bound by this agreement – can be present.
  8. Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
  9. Prepare adequately and stabilise all appliances prior to their removal.

Other than by reason of our negligence we will not be liable for any loss or damage, costs or additional charges that may arise from any of these matters.

Charges if you postpone or cancel

Charges are made if this contract is postponed or cancelled depending on how much notice you provide, they are as follows:

  1. Between 4-7 days: 15% of the total removal charges.
    3-1 days: 50% of the total removal charges.
    Less than 24 hours: 100% of the total removal charges.
  2. Charges will not apply if you take any postponement/cancellation protection scheme, which would be quoted at the time of making the price offer to you.

Ownership of the goods

When entering into contract with us, you confirm to us that:

  1. All of the Goods that are meant to be removed are your own property; or
  2. You have been given the authority of the owner of the property to enter this contract in respect of the Goods.

If the claimed ownership proves to be untrue, you will be responsible to pay for any claim for damages and/or costs against either of the above.

Goods not to be submitted for removal or storage

Unless agreed in writing we will not handle the following Goods:

  1. Jewellery, watches, trinkets, precious stones, money, deeds, securities, stamps, coins, or goods or collections of a similar kind.
  2. Potentially dangerous, explosive or damaging items.
  3. Prohibited or stolen goods.
  4. Controlled drugs.
  5. Goods likely to encourage vermin or other pests or to cause infection.
  6. Goods, which require government permission or licence for export or import.
  7. Furs, perfumery, wines, spirits, tobacco, cigars, cigarettes, foodstuffs, perishable goods.
  8. Any animals and their cages or tanks including pets, birds or fish.
  9. Cars, boats and caravans.

We will not remove or pack all of the above listed Goods without written agreement. If these Goods are removed we will not accept any liability for loss or damage due to the special nature of these Goods except when death or injury is caused by our negligence. In case of any damage caused when carrying above listed Goods without us being aware of it you will repay to us any charges, expenses, damages or penalties claimed against us by third parties. Furthermore, we would have the right to dispose of (without notice) of any such Goods.

Payment terms

  1. Unless otherwise agreed in writing we require full payment cleared on our account within 14 days of receipt of the invoice.
  2. You may not withhold any part of the quoted and agreed service unless we have breached our agreement with you.
  3. Late payments will result in debt collector charges and interests of 10% per day will be charged immediately after the payment due date passed.

Our liability for loss or damage

Limited liability

  1. In case when you do not require acceptance of our Standard Liability and / or you have not provided us with a declaration of value of your Goods and some damage or loss occurs, we will pay you up to a maximum of £50 for each item which is lost or damaged to cover the cost of repairing or replacing of this item. An item is defined as any one article, suite, pair, set, complete case, package, carton or other container.
  2. We may decide to repair or replace the damaged or lost item ourselves, if this happens, we will not be liable for any depreciation in value.
  3. 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:
    1. Fire
    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.
    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.
    4. Cleaning, repairing or restoring unless undertaken by ourselves.
    5. Infestation by moths, vermin or anything similar.
    6. Electrical or mechanical damage to any appliance, instrument or equipment unless there is evidence of external impact.
    7. Breakage of property not packed by us unless the box or container shows signs of external damage.
  4. Additionally, we will not be liable for any loss of or damage to:
    1. Any Goods in drawers, cupboards, wardrobes or in a bundle, package, container or case – if they were not packed and unpacked by us.
    2. Jewellery, trinkets, watches, precious stones or metals, deeds, money, securities, stamps, coins, or Goods or collections of a similar kind, unless we have confirmed in writing that we will accept responsibility and you have previously given us full information including value.
    3. Any Goods already proven defective or Goods which are inherently defective.
    4. Pets and animals (including reptiles, fish and birds) whether in their cages, tanks or carriers.
    5. Bonds, manuscripts and documents or electronically held data records, mobile telephones.
    6. Plants.
    7. Refrigerated or frozen food or drink.
    8. Glassware, china or fragile items, unless they have been both packed and unpacked by us.
  5. 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 other than because of our negligence.
  6. Every employee or sub-contractor of Friendly Man and Van will be individually liable for any loss, damage, mis-delivery, errors or omissions if acting outside of the scope of their employment or contract.
  7. Standard Liability

To cover client’s Goods we have an optional “Goods in Transit” insurance policy (covering all Risks of Physical Loss or Damage to Goods in Transit anywhere in European Union). To get a removal quote including the Insurance Option, please make sure that you notify us of the value of your Goods to be insured. Please note that this insurance has been arranged solely in the name of our company. As our customer you will have no enforceable rights under our insurance policy.

Once we receive your Goods’ value declaration and you agree to pay an additional charge, our liability to you will be as follows:

  1. If loss or damage occurs, caused by our negligence or breach of contract, our liability to you will be evaluated as a sum equivalent to the cost of their repair or replacement, taking into account the age and condition of the goods immediately prior to their loss or damage but subject to a maximum liability of £10,000 (unless we have agreed a higher amount with you).
  2. If lost or damaged item is part of a pair or a set, our liability to you is to be assessed as a sum equivalent to the cost of that item in isolation, not the cost of that item as part of a pair or set.
  3. If you make any claim knowing it to be false or fraudulent with regards to the amount or otherwise, this insurance shall become void and all claims hereafter will be abandoned.
  4. We do not accept responsibility for the first £250 of every claim for loss or damage covered by this insurance, following the policy conditions.
  5. All claims within Great Britain must be communicated to the remover on the day of delivery of the property, whether unpacked or not.

Any liability mentioned above is expressly subject to all or any other applicable exclusions set out elsewhere in this agreement.

Damage to premises

We will only  by liable for any damage or to the premises if it can be proved that it was caused by our negligence or lack of reasonable care and skills. Any potential damage to premises must be noted on the delivery receipt and confirmed in writing to us within seven days unless you request a reasonable extension which we agree in writing.

Time limits for claims

Any loss damage or failure to deliver the Goods must be noted on the delivery note, where reasonably possible and notified to us in writing within SEVEN DAYS (this is a requirement of insurers) of either their collection by you or delivery by us to their destination, unless you request a reasonable extension which we agree in writing. Failing to inform us in writing about any damage or loss within stated timescale may result in claim being dropped due to expiration.

Delays in transit

  1. Arrival and departure times are an estimate only, unless agreed in writing on a particular timescale.
  2. In case that we do not keep to an agreed written timescale and the delay is within our reasonable control we will pay your reasonable expenses which arise as a result of us not keeping to the agreed written time schedule. If the delay is caused by no fault of ours we are unable to deliver your goods in time, we can take them into storage. This contract will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense.

Our rights to withhold or dispose of goods

Until all charges, including the charges we have paid on your behalf or any payments due are paid we have the legal right to withhold or ultimately dispose of some or all of the goods where reasonable and proportionate to do so. Furthermore, you will be liable to pay all storage charges and other costs incurred by us holding the Goods until we receive the payment.

Inventory

Where we produce a list of 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 the date of us sending the inventory, or a reasonable period agreed between us, notifying us of any errors or omissions.

Disputes

We participate in the Removals Industry Ombudsman Scheme. In the event of a dispute arising from this agreement which cannot be resolved, we or you can refer the matter to the Ombudsman (always subject to the rules of the Scheme).

Route and method

  1. We have the right to choose the route of delivery.
  2. Unless it has been agreed otherwise in writing in our quotation, other space/volume/capacity on our vehicles or the containers may be used for carrying out the work.

Sub-contracting the work

  1. We reserve the right to sub-contract all or any part of the work for which we have quoted to you without your consent.
  2. If we do sub-contract these Terms will apply fully.

Whole agreement

These Terms of Service together with our quotation are forming the whole agreement between us and shall prevail over any verbal discussions.

In case we mutually agree to any changes of these terms, it should be confirmed in writing. Any variation however agreed shall never act against on invalidate the remaining parts of these Terms of Service.

Applicable Law

This contract is subject to the laws of England and Wales.