John and Van services ltd / Terms and Conditions

Introduction

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 a 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 can 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. When you confirm your move on our telephone number, text message or email message or pay a deposit for the reservation with John and Van services ltd you agree to the following terms.

1. Our Quotation
   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.
   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. If the work does not commence within twenty-eight days of acceptance;
      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;
      3. Our costs change because of currency fluctuations, changes in taxation, freight, fuel, ferry or toll charges beyond our control.
      4. The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal hours (08.00-18.00hrs) at your request.
      5. Outside the normal hours (08.00-18.00hrs) We charge additional £30 per hour per worker.
      6. We have to collect or deliver goods to/from a higher floor than declared, or if the lift is not usable, but We were advised that it would be.
      7. If You or Your agents request collection or access to Your goods whilst they are in store;
      8. We supply any additional services, including moving 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.
      9. 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.
      10. 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.
      11. There are delays or events outside Our reasonable control which increase or extend the resources or time allowed to complete the agreed work.
      12. We agree in writing to increase Our limit of liability set out in Clause 8.1 prior to the work commencing;
      13. 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.
      14. If you receive a quote from us based on hourly rate we always charge a minimum of 2 booking hours ( unless otherwise stated ) and if the work will last less than 2 hours you are still responsible to pay for the full 2 hours of work. After the first 2 hours of work, we then charge every rounded half of an hour up.
      15. Our members of stuff are required to check if our vehicles are not overloaded and if so We reserve the right not to taky any other customers items and either do another run after unload or postpone the move for another day which may result in additional charges.
      16. An hourly rate starts when We arrive at the customers property and We are ready to start loading, packing or if we have to wait for the customer.
      17. Our hourly rate for removal services covers the cost of a single van load, as specified in our terms and conditions. Additional van loads, if required, will be subject to extra charges. These charges for extra van loads are separate from the hourly rate and will be added to the total cost of your removal service.
      18. It is essential to communicate the exact quantity and size of items to be moved accurately during the booking process to ensure adequate van space is allocated and that additional charges are applied only if necessary.
      19. Our customers have the option of booking one or more vehicles for moving purposes. However, if You book only one vehicle that requires a return trip, we reserve the right to charge an extra fee for each extra trip.
      20. Although we quote the fixed price or hourly rate we reserve the right to amend or make additional charges if any of the following have not been taken into account when preparing the original quotation for any incidents beyond our control ai any traffic collision and any business liability.
      21. If access to the new property can’t be gained before 2.00pm on the day of delivery. We will charge £96 including VAT per hour until We gain access to the property.

1.3           You agree to pay any reasonable charges arising from the above circumstances.

• Work not included in the quotation
  • Unless agreed by us in writing, we will not:
    • Dismantle or assemble furniture of any kind
    • Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment.
    • Take up or lay fitted floor coverings.
    • Move items from a loft, unless properly lit and floored and safe access is provided.
    • Move or store any items excluded under Clause 4.
    • 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.
  • 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.
• Your responsibility
  • It will be your responsibility to:
    • Arrange adequate insurance cover for the goods submitted for removal transit and/or storage, against all insurable risks as Our liability is limited unless you purchase our standard liability.
    • Obtain at Your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.
    • Pay for any parking or meter suspension charges incurred by Us in carrying out the work.
    • Be present or represented throughout the collection and delivery of the removal.
    • Where We provide You with inventories, moving form, 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.
    • By signing our moving form you confirm that all goods and items are not missing and were loaded and delivered undamaged.
    • Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
    • 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.
    • Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
    • Arrange safe parking for our vehicles and if hiring only 2 men crew then arrange a person who will guard Your items when unloading our unattended vehicle.
    • You are responsible to arrange safe and secured parking space for our vehicles. If we are forced to park on any unpaved surface, it is your responsibility to cover any damages.
    • Ensure all screws and small bits from all moved items, furniture, white goods, electronic items, etc., are secured, tightened properly or kept securely in a box otherwise We do not take any responsibility for any loss or damage.
    • You shall be liable to pay all costs, fees, disbursements, and charges including legal fees and costs reasonably incurred by You in the recovery of any unpaid invoices regardless of the value of the claim.
    • If you hire us to assemble or disassemble any object, item, tool, or machine, you are fully responsible that such a thing can be disassembled or assembled with average human knowledge of assembly and disassembly. We do not have the knowledge of all possible assembly and disassembly and therefore we are not responsible if you hire us for such an order and we cannot complete it. Even so, we still claim to be paid in full.
    • Any communication between Us and You (the customer), including communication by email or text message where you confirm and accept our price offer by providing us with your collection and delivery addresses and the time of our arrival, will commit you to our terms and conditions and such communication is considered binding.

• Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
• Ensure that all domestic and garden appliances, including but not limited to washing machines, dishwashers, hose pipes, and petrol lawnmowers are clean and dry and have no residual fluid left in them;
• Provide Us with a correct and up to date contact address and telephone number during removal transit and/or storage of goods.
• Arrange appropriate transport, storage or disposal of goods listed in clause 4
• 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.
• Goods not to be submitted for removal or storage
  • Unless previously agreed in writing by a director or other authorized 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.
    • Potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms, fuels, oils, and ammunition.
    • Jewelry, 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.
    • Goods likely to encourage vermin or other pests or to cause infestation or contamination.
    • 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.
    • Perishable items and/or those requiring a controlled environment.
    • Any animals, birds, fish, reptiles or plants.
    • Goods that require a special license or government permission for export or import.
    • Under no circumstances will Prohibited or stolen goods, drugs or pornographic material be moved or stored by Us.
  • 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.
• Ownership of the goods
  • By entering into this Agreement, you guarantee that:
    • The goods to be removed and/or stored are Your own property, or the goods are Your property free of any legal charge; or
    • 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.
    • 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.
    • 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.
    • If You wish to transfer the 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.
• Charges if You postpone or cancel the removal
  • 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. 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 sub-contractors to work for your booked removal. “Working days” refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays.
    • More than 10 working days before the removal was due to start: No charge.
    • Between 5 and 10 working days inclusive before the removal was due to start: not more than 30% of the removal charge.
    • Less than 5 working days before the removal was due to start: not more than 60% of the removal charge.
    • Within 24 hours of the move taking place; not more than 75% of the removal charge.
    • On the day the work starts or at any time after the work commences up to 100% of Our charges.
• Payment
  • Unless otherwise agreed by Us in writing, payment is required in full by cleared funds immediately after the removal work is done if You are charged by Us with an hourly rate. If You have been offered a fixed quote, payment is required in full by cleared funds according to the conditions stated in the acceptance form or email correspondence. In default of such payment, We reserve the right to refuse to commence removal or storage until such payment is received.  Such advance payments are protected under the BAR Advanced Payment Guarantee scheme,  as detailed in the BAR Code of Practice. (T&C applies)
  • You cannot deny any part of the agreed price.
  • If you choose “payment in cash on the day to our crew member” then you have to pay the full amount immediately after the job is done.
  • If you refuse payment for the service then we reserve the right to commandeer your goods until the settlement payment. At this time, your goods will be stored in storage for 28 days.
  • If the customer does not pay on the day after the job is done we will send a notice within 7 days with proof and court implemented, detailed documentation of GPS tracking, proof of accepting the move, signed moving form, summary and recapitulation of the final price to be paid with other fees and charges.
  • If you refuse payment for the service after the work is done that will not be paid in full within 24 hours We might charge you a fixed fee of up to 10% of the total amount owed to us with other expenses associated with the company’s costs, administration fees, hiring a lawyer and court fees.
  • Customers cover the cost of storage.
  • Costs for storage are not subject to our valuation and not subject to any discussion. The bill for storage will be presented by selected by our storage company. The cost of transport and unloading to the selected storage will be added to the final bill and not subject to any discussion.
  • If you do not collect your goods from the storage within 28 days we may have no other option to dispose of all items, and all items that are disposed of will be charged to you. And all money which is due has to be paid within 28 days.
  • In respect of all sums which are overdue to us, We will charge interest on a daily basis calculated at 20% per annum above the prevailing base rate for the time being of the Bank of England.
  • We charge a £75.00 plus VAT late payment fee should any invoice go more than 5 working days overdue.
  • Should an invoice go more than 10 working days overdue, an additional £75.00 plus VAT late payment fee applies. 
  • We reserve the right to be paid in full even if You do not give us complete information about the order. Such an order may not even be completely fulfilled if we have not been given enough information before Your order.
• Our liability for loss or damage
  • 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 the acceptance or quotation form.
  • Unless otherwise agreed in writing if we are negligent or in breach of contract We will pay You up to £30 for each item that is lost or damaged as a direct result of any negligence or breach of contract on Our part.
  • If You do not buy extra premium insurance from Us we have a waiver of £200 for any damage.
  • For goods destined to, or received from a place outside the United Kingdom:
    • 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.

• 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.
• 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.
• 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.
• We accept liability for loss or damage to Your possesions only if We do whole packing and unpacking. If You will be unpacking our packed boxes or other items we will not accept any liability for loss or damage.
• For the purposes of this Agreement an item is defined as:
  • The entire contents of a box, parcel, package, carton, or similar container; and
  • Any other object or thing that is moved, handled or stored by us.
• Damage to premises or property other than goods
  • 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:
    • 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.
    • 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.
    • 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.
• Exclusions of liability
  • 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.
  • We shall not be liable for any damages to the customer’s goods or property when the customers are helping, assisting our staff, loading the van or manipulating with their goods during the move.
  • 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.
  • 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:

• Normal wear and tear, natural or gradual deterioration, small scratches, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances.
• If you want us to move your furniture, white goods, bed, sofa or anything else without protecting it with blankets, straps, bubble wrap, or removal boxes.
• Moth or vermin or similar infestation.
• Cleaning, repairing or restoring unless We arranged for the work to be carried out.
• Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water.
• 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.
• For electrical or mechanical derangement to any appliance, instrument, clock, computer, electric bike or other equipment not both packed and unpacked by Us.
• For any goods which have a pre-existing defect or are inherently defective.
• For perishable items and/or those requiring a controlled environment.
• For scratches on the property due to moving large objects and there is not enough room to manoeuvre and makes the move difficult.
• Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
• Where we have carried out dismantling or re-assembly of flat-pack furniture the following applies:
• We will re-build the flat pack to the best of our ability.
• We reserve the right to not cover flat-pack whilst in transit or during dismantling/re-assembly under our liability as this type of furniture is designed to only be assembled once.
• Once items return to the customers possesion ie off the van and into the building or onto the land owned by the customer we have no liability for theft of items.
• We do not take any responsibility for any damages to the customer’s goods or property if the customer does not require us to wrap their goods before moving them with blankets, covers or other extra protection.
• We do not take any responsibility if we offered You a discounted quote.
• We are not liable for any damages if we have not packed your possessions but the packing has been done by the customer or third party.

• Where goods are handed out from the store Our liability will cease upon handing over the goods to You or Your authorised representative.
• We will not be liable for any loss or damage caused by Us or Our sub-contractors or agents in circumstances where:

• there is no breach of this Agreement by Us or by any of Our sub-contractors or agents
• such loss or damage is not a reasonably foreseeable result of any such breach.
• Time limit for claims
  • 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.
  • 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 two (2) 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.
• Delays in transit
  • Other than by reason of Our negligence or breach of contract, We will not be liable for delays in transit.
  • 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.
  • 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.
  • If through no fault of our own we are delayed and have to wait for access into either property, a charge of £25.00 +VAT per person per hour will apply until loading commences, with timings rounded to the nearest half of an hour.
  • We reserve the right to be late on a job if the circumstances does not allow Us to be at the customer property on time due to the traffic, mislead by the previous customer or any other circumstances where we will not be able to arrive on time.
  • We reserve the right to cancel Your removal at any time if We cannot fulfill our agreement due to delays on road, broken vehicles, shortage of staff or any other circumstances where it is imposible for us to fulfill our agreement.
  • Late Key Waiver: In the event that We do not have access to the Premises at the Access Time and the Operational Team must wait for access, an additional charge for waiting will be applied. We agree to waive the additional charge if You pay the Late Key Waiver.
  • Subject to You paying the Late Key Waiver, the Operational Team will wait, free of charge, for four hours (the Waiver Period) from the Access Time. The Operational Team will remain at the Premises until delivery is completed up to 4 pm or until they have exhausted their hours under the Working Time Directive (whichever is the earlier).
  • If, after the expiry of the Waiver Period, the Operational Team do not have unhindered access to the Premises, a waiting charge under will apply.
  • The Late Key Waiver does not apply to additional charges if the Services are extended into additional time, day(s) or additional resources are required.
• 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. 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.

• Disputes

If there is a dispute arising from this Agreement, please contact us on the details provided.

• Our right to sub-contract the work
  • We reserve the right to sub-contract some or all of the work.
  • If We sub-contract, then these conditions will still apply.
• Route and method
  • We have the right to choose the method and route by which to carry out the work and the location in respect of storage.
  • 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.
• 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 goods.  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.

• 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.

• Your forwarding address
  • If You instruct Us to store Your goods, 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
  • 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.
• 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.

• Our right to Sell or dispose of the Goods

If payment of Our charges relating to Your goods is in arrears, and on giving You three months’ notice, We are entitled to require You to remove Your goods 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 of some or all of 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.  If the full amount due is not received, We may seek to recover the balance from You.