TERMS AND CONDITIONS
STANDARD
Upon engaging Freight Trans Ltd (Freight Trans Removals) the following terms and conditions are to be agreed: Any amendment must be mutually agreed in writing between us and the customer prior to removal work commencing. In this terms us or we means Freight Trans and you, customer or owner means the party who requests our service.
General:
Quotations given prior to removals are subject to change where there are any differences or changes in circumstances (for example extra/unseen items, undeclared access issues at both properties.). It will be the customer’s responsibility to update us with any change in the original move date. Customers to check that no items are taken in error and that no items required to be moved are left behind at the initial destination
1. Quotations
Although we quote a fixed price we reserve the right to amend it or make additional charges if any of the following have not been taken into account when preparing the quotation/except when we quoted on hourly rate.
• Our quotation, unless otherwise stated, does not include, customs duties, port charges including (but not limited to) demurrage, inspections, or any fees, or taxes payable to government bodies or agencies.
• We supply any additional services.
• There are delays outside our reasonable control.
• Access to the collection or delivery point is inadequate or the approach is unsuitable for our vehicles. Please let us know if there is more than 17 meters distance to load and unload point. Access is required for 10 meter removal vehicle.
• The collection or delivery address is not on ground floor level and it is above the first floor level (if in doubt please check with us we, are happy to advice).
• Any parking or other fees or charges that we have to incur and pay in order to carry out the services you require.
• Our quotation is not a guarantee that we have vehicles available on the day you require. Accordingly acceptance of our quotation does not constitute a contract between us until you have our written confirmation that we can move your goods on the requested date.
• H. Except where we agree in writing we would ask for a full payment or deposit prior to our confirmation that we will do your move. The payment ensures that your move is booked and appropriate resources are allocated for your move. We do have busy times and our fair policy means we operate on a first come- first served basis.
• In all these circumstances you will be responsible for the extra charges.
Our quotation includes goods in transit insurance and applicable when customer’s goods is damaged in our vehicles or due to ascertained negligence on part of our staff.
2. Work excluded from our quotations
Unless previously agreed we will not:
- Dismantle or assemble unit-furniture, fitments or fittings.
- Disconnect or reconnect appliances, fittings or equipment.
- Remove or lay fitted floor coverings
- Move night storage heaters unless they are dismantled.
- Move any antique or high value items over £500 except if it was declared to us in writing prior to move and we have agreed in writing that we will move it. You must also obtain in writing signed by the company Director whether or not such items would be covered under our standard goods in transit insurance.
- 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.
Inventory. We do not currently provide inventory –taking service, except where we move couple or few items.
3. Excluded property
The following items are specifically excluded from the Contract and will not be removed :
- Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
- Jewellery, watches, trinkets, precious stones, money, deeds, securities, stamps, coins or goods or collections of a similar kind.
- Goods likely to encourage vermin or other pests or to cause infection.
- Any animals and their cages or tanks including pets, birds or fish.
- Perishable items and/or those requiring a controlled environment.
- Any animals, birds, fish, reptiles
- Should we refuse to accept any of the goods above we will have no liability to you.
4. Customer’s responsibility
It is your sole responsibility to:
- Read and fully understand our terms and conditions before accepting our quote. We are happy to answer any questions and put it in writing as required.
- Arrange adequate insurance cover for the goods submitted for removal transit and/or storage, against all insurable risks as our liability is limited under clause 8 and elsewhere in this terms and condition. This is particularly important as we do not know the value of your goods except if you have declared it to us and we agree the condition of its transportation in writing, this includes any extra insurance as may be necessary.
- Obtain at your expense all documents necessary for the removal to be completed.
- Advice of any access issues at both properties to avoid additional costs or delivery to accessible address or storage at owners cost.
- Be present yourself or appoint a representative at the departure and destination points to ensure that nothing is removed or left 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 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 these matters.
- 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, dish washers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them.
- It remains the client’s responsibilities to lock / unlock and retain keys to all items of furniture, the company cannot accept liability for lost keys.
- Provide us with a correct and up to date contact address and telephone number during removal transit and/or storage of goods.
- If unsatisfied on our limit of liability to any eventual claim, Customer agrees to pay any insurance excess to our insurers if they wish to claim against any insurance we hold, currently the excess is £250.
- 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. Ownership of the goods
By entering into this contract you confirm to us that:
- The goods to be removed are your own property.
- You have the authority of the owner of the property to make this contract in respect of the goods to be removed or stored.
- You will be responsible to pay for any claim for damages and/or costs against either of the above if this proves to be untrue.
6. Payment
Freight Trans Removals will only accept payment of either: cleared bank transfer or cash payment on approval of company’s director. Full payment or deposit must be paid for any removal work to be considered as booked. Before any payments please ensure that we have agreed in witting that we have availability and can do your move on the requested date. Payment must be made by the due date of the invoice.
Unless you have our agreement to the contrary you must pay our charges in full five days before your removal or on the date of making a booking. We operate no payment no booking policy as this helps our first come first serve basis approach. Interest at 3% per month calculated on a daily basis, is charged on all overdue accounts and we reserve the right not to book, arrive or commence a removal work without full payment. This helps us to guarantee payment to our workers and commitment to cover our customers’ moves as a reliable party.
6b Waiting Times and Charges.
We appreciate that sometimes there might be delays outside our customer control with regards to when the keys with be ready or solicitors delays. It is also a fact that this is not in our control but does affect the time to complete our work, pays to our staff and our staff responsibilities to their families with regards to approximate time they are expected home.
Our customer’s stress free and successful move remains our priority and we also stand as a reputable and reliable employer to our staff.
When our vehicle arrives to our customer’s new property we are happy to wait for a maximum of one hour and thirty minutes for any issues with keys, etc. After one and half hours of sitting in the vehicles without unloading, we will charge a flat fee of £20 per a removal staff in the move, which immediately stops once the key arrives for unloading to commence. This small fee helps towards compensation to our staff and resources.
7. Cancellation notices
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. “Working days” refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays.
More than 7 working days before the removal or packing service was due to start: No charge
Between 4 and 7 working days inclusive before the removal or packing service was due to start: not more than 30% of the removal charge.
Less than 4 working days before the removal or packing service was due to start: not more than 60% of the removal charge.
On the day the work starts or at any time after the work commences up to 100% of our charges.
This helps us to guarantee payment to our workers and commitment to cover our customers’ moves as we may have refused other work once we book your move.
8. Our liability for loss or damage
By entering into this contract you confirm to us that:
- 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. Customers are free to get extra insurance if they so wish or consider our goods in transit insurance or our agreed liability is insufficient to cover their item(s).
- We are liable for your items only when they are in transit with us.
- In the event of our losing or damaging your goods we will pay for the reasonable costs of the repair or replacement (less wear and tear) of the item if we have been negligent.
- Unless otherwise agreed in writing if we are negligent or in breach of contract we will pay you up to £50 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.
- 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.
- 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.
- As we are not electricians, cannot accept any liability for disconnection/connection of any appliances and any such action taken is completely done so at the customers’ responsibility.
- If we are required to dismantle or build furniture, this is taken totally at the customers own risk and Freight Trans Removals accept no liability. (This includes TV wall brackets)
- We cannot accept any responsibility for any defective electronics/appliances unless clearly demonstrated that the damage was caused by our team.
- It will be the customer’s responsibility to ensure the security of their items at the initial and final destinations by either being present or having a representative on site.
- We do take extreme care for our customers belongings, however we cannot accept any responsibility for items damaged inside of boxes unless packed & unpacked by Freight Trans Removals
- Freight Trans Removals do not cover any damages to furniture or goods due to poor quality manufacture or construction or the wobbly condition of the items. This includes chipboard type furniture.
- Freight Trans Removals cannot accept any responsibility for furniture which is dismantled and doesn't correctly reassemble, or is damaged due to dismantling or assembly.
- We cannot accept any responsibility for goods when in storage, even if the storage is packed by our staff.
In the event of a total or partial loss or damage to your goods, we will not be liable for the following:
- “new for old” replacement value for lost or damaged goods.
- any loss or damage which is not caused by us.
- any unforeseeable additional costs you might incur as a result of loss of a particular item.
- We can object to deliver your items through in-accessible entrance as we would not be liable for any damage to the
obstructive structures or the item itself. Example of such items are large sofas, American type fridge freezers, piano, large tables, etc.
- Customer/representative should inspect our vehicles after delivery/unloading to ensure that nothing is left behind by mistake.
- Any claim must be raised on completion of Move so that our staff would have a chance to record it or at most 48 hours after the move.
- Our liability or terms also apply when we offer packing and unpacking service.
- We use this opportunity to emphasise and reassure our customers that we as a company do and always will take care of our customer belongings as this is so important for our business.
- All though we take professional care with all your goods and chattels, the following are only covered by Goods in Transit Insurance.
- Electrical goods, such as washing machines, fridge freezers, tumble dryers, cookers, microwave ovens, televisions and monitors, are carried at the owners risk.
- Freight Trans Removals accept no responsibility for the workings or damage to the aforesaid items.
- If you require insurance cover for any of the matters set out above you will need to arrange that independently.
9. Damage to premises
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:
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.
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.
We shall only be liable for damage to premises caused by our negligence. Any damages to premises must be noted immediately and brought to an employee’s attention.
10. Exclusion of Liability:
A. We shall not be liable for loss or damage caused by fire or explosion. It is your responsibility to insure Your Goods against fire or explosion.
B. 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.
C. 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:
c.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.
c.2 Moth or vermin or similar infestation.
c.2 Cleaning, repairing or restoring unless We arranged for the work to be carried out
c.3 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water as a result of our negligence. Ingress of water from customers’ items like from the dryer or washing machine, etc falls out of our responsibility as we expect these items to have been prepared for transport. Nevertheless, we always do our best to protect our customers goods.
c.4 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.
c.5 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage caused by us or our negligence.
c.6 For any goods which have a pre-existing defect or are inherently defective.
c.7 For perishable items and/or those requiring a controlled environment.
c.8 For items referred to in Clause 3
c.9 No employee of Ours shall be separately liable to you for any loss, damage, misdelivery, errors or omissions under the terms of this Agreement.
c.10 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.
11. Delays in transit
Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit.
A. 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.
B. Any transit times quoted by us are estimated and based upon information known to us at the time. There may be traffic or congestion challenges outside of our control. We will at first instance update our customer of our estimated time of arrival and where we are at the time of update. 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. Sub-contracting the work
We reserve the right to sub-contract some or all of the work for which we have provided a quotation without reference to you. If we do sub-contract these terms and conditions will still apply in full.
13. Lien/Right to withhold goods.
“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 14 below). 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.
14. 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 two 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.
15. Disputes
If there is a dispute arising from this Agreement, it’s your right to commence court proceedings.
16. Jurisdiction
This contract is subject to the laws of England and Wales.
Other Information below, which forms part of our terms and conditions.
PROPERTY WHICH IS NOT INSURED
Furs exceeding £80 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds, Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones.
Perfumery, Tobacco Products, Foodstuffs, Wine, Spirits and the like, Firearms and Explosives.
Livestock, Plants or Perishable Goods of any kind. EXCLUSIONS Insurers will not pay claims for 1. Loss or damage caused by wear and tear, gradual deterioration inherent vice or latent defect. 2. Loss or damage caused by Vermin, Moth, Insects, Damp, Mould, Mildew, Rust or Atmospheric or Climatic Causes.
EXCLUSIONS
Insurers will not pay claims for
Loss or damage caused by wear and tear, gradual deterioration inherent vice or latent defect.
Loss or damage caused by Vermin, Moth, Insects, Damp, Mould, Mildew, Rust or Atmospheric or Climatic Causes.
Damage resulting from goods being moved under your express instructions against Remover’s advice.
Loss or damage caused by Leakage of Liquid from any Receptacle or Container.
Indirect or consequential loss of any kind or description.
Items not packed by the Remover unless they have been previously listed and disclosed to them. In the event of the loss of a container not packed by the Remover where the contents have not previously been listed and disclosed then Insurers will not pay more than £50 for its contents, or a lesser sum if its actual value is less.
Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by the Remover or his Subcontractor. In the event of an accident involving an owner packed container where damage would have occurred irrespective of the quality of the packing, then Insurer’s liability is limited to £40 or its actual value whichever is less.
Electrical, electronic or mechanical derangement to any electrical, electronic or mechanical items, unless external physical damage has occurred, or as a result of fire, derailment, collision or overturning of the conveying vessel, vehicle or aircraft. Any loss of or damage to electronic equipment resulting from configuration failure of the controlling software and/or microchip.
Structural damage to system or flat pack furniture or any reduction in its quality, arising solely as the result of dismantling or reassembly.
Confiscation or destruction or damage under the order of any Government, public or local authority.
The first £ 250.00 of any claim (The Policy Excess).
War. Any consequence whatsoever resulting directly or indirectly from or in connection with any of the following regardless of any other contributing cause or event – war invasion act of foreign enemy hostilities or a warlike operation or operations (whether war be declared or not) civil war rebellion revolution insurrection civil commotion assuming the proportions of or amounting to an uprising military or usurped power.
Terrorism. Harm or damage to life or to property (or the threat of such harm or damage) by nuclear and/or chemical and/or biological and/or radiological means resulting directly or indirectly from or in connection with Terrorism regardless of any other contributing cause or event. Terrorism is defined as any act or acts including but not limited to (i) the use or threat of force and/or violence and/or (ii) harm or damage to life or to property (or the threat of such harm or damage) including but not limited to harm or damage by nuclear and/or chemical and/or biological and/or radiological means caused or occasioned by any person(s) or group(s) of persons or so claimed in whole or in part for political, religious, ideological or similar purposes
any action taken in controlling, preventing, suppressing or in any way relating to (A) or (B) above
Radioactivity. Ionising radiations from or contamination by radioactivity from any nuclear fuel or from nuclear waste from the combustion of nuclear fuel.
Loss, damage, liability or expense directly or indirectly caused by or contributed to or by or arising from (i) the radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or other nuclear assembly or nuclear component thereof, (ii) any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter, (iii) the radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this subclause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes, (iv) any chemical, biological, bio-chemical or electromagnetic weapon, (v)the use or operation, as a means of inflicting harm, of any computer, computer system, computer software programme, computer virus or process or any other electronic system.
Loss, damage or expense caused by any Terrorist or any person acting from a political motive whilst your effects are in transit.
CONDITIONS
Under Insurance If the value declared is less than the actual value of your property at the time of loss, then you will only be entitled to be paid that proportion of the loss which the value declared bears to the value of the property removed and/or stored.
Pairs and Sets:
It is the intention to pay the actual value of individual items. It is not the intention to pay for items which are not affected. If, therefore, a claim is made for an item which is part of a pair or set, then Insurers will only pay the actual value of that item in isolation. The payment will be made without reference to any particular value the item might have acquired simply because it is part of a pair or set. Insurers Rights Subject to payment of the actual value of a damaged item by Insurers, they may at their discretion take over ownership of the property. No property may be abandoned to Insurers.
Fraud
If a claim is fraudulent in any way, it will not be paid. The insurance will be deemed not to have attached and no premium will be refunded.
Claims Notification:
Any claim must have been notified to your mover on the day and be advised in detail to the Remover by writing within seven days of your removal or delivery from store. However if you arrange your own collection from store then any claim must be notified at the time of handing over.
Use of Your Information
We use the information that we collect from you to provide our services to you. In addition to this we may use the information for one or more of the following purposes:
To provide information to you relating to other products that may be of interest to you. Such additional information will only be provided where you have consented to receive such information.
To inform you of any changes to our website, services or goods and products. If you have previously purchased goods or services from us we may provide to you details of similar goods or services, or other goods and services, that you may be interested in. We never give your details to third parties to use your data to enable them to provide you with information regarding unrelated goods or services.
Storing Your Personal Data
In operating our website it may become necessary to transfer data that we collect from you to locations outside of the European Union for processing and storing. By providing your personal data to us, you agree to this transfer, storing and processing. We do our utmost to ensure that all reasonable steps are taken to make sure that your data is stored securely.
Unfortunately the sending of information via the internet is not totally secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, sending such information is entirely at your own risk.
Disclosing Your Information
We will not disclose your personal information to any other party other than in accordance with this Privacy Policy and in the circumstances detailed below:
In the event that we sell any or all of our business to the buyer.
Where we are legally required by law to disclose your personal information.
To further fraud protection and reduce the risk of fraud.
Third Party Links
On occasion we include links to third parties on this website. Where we provide a link it does not mean that we endorse or approve that site’s policy towards visitor privacy. You should review their privacy policy before sending them any personal data.
Access to Information
In accordance with the Data Protection Act 1998 you have the right to access any information that we hold relating to you. Please note that we reserve the right to charge a fee of £10 to cover costs incurred by us in providing you with the information.
Contacting Us
Please do not hesitate to contact us regarding any matter relating to this Privacy and Cookies Policy via email at
HYPERLINK "mailto:[email protected]"