These Terms and Conditions explain the rights, obligations, and responsibilities of both Willmove CB and Customer in relation to removal and storage services proved by Willmove C.B. These conditions take into account the provisions and principles of international conventions governing the transportations of goods by road, air or sea.
1. QUOTES
This quote is valid as long as your removal and/or storage takes place within the next 30 days as stated. We may amend your quotation if:
A. It's not accepted or you ask us to carry out other work after 30 days, in which case we will provide you with further quotations; or
B. you ask us to remove or store additional goods or provide additional services. In such circumstances you must inform us as soon as possible after receipt of this quotation so that we can inform you of any price variation. If you tell us on the day of the removal, the additional goods will not be removed and the additional services will not be provided until a new price has been agreed with us; or
C. additional resources or services are required because of unforeseen access difficulties. Additional services will not be provided until a further price has been agreed with us; or
D. Goods are handed to you from store and you require inspection facilities whilst your goods are in store; or
E. The work is carried out on a Saturday, Sunday or public holiday at your request, unless agreed by us in writing before the date of this quotation; or
F. Our costs are increased due to changes in the value of foreign currency, taxation or freight charges outside our control; or
G. We agree in writing to increase the limits of liability set out in clauses 7 or 8.
2. WORK NOT INCLUDED
Unless agreed otherwise in writing before the date of this quotation, our price does not include taking down or putting up fittings or fixtures, disconnecting and connecting domestic or other appliances or fittings, taking up or lying down fitted floor coverings, moving loaded freezers or refrigerators moving storage heaters not discarded or any other items we specifically exclude in writing.
If any of our employers carries out work at your request and without our prior written agreement, they do so without our authority and outside their employment with us. We shall not be liable for any loss or damage that may occur in carrying out such work. Should you wish to move such items we recommend that you seek advice from the manufacturer, retailer or other suitably qualified person.
3. YOUR RESPONSIBILITIES
You agree:
A. To be present or represented throughout the removal to ensure that nothing should be removed is left behind and nothing is taken away in error,
B. To arrange proper protection for goods left on unoccupied or unattended premises where other people, such a tenants or workmen, will be present. If you fail to protect your goods, we shall not be liable for any loss or damage arising from such failure,
C. Not to offer for removal or storage jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps or coins (or similar collections of any kind), plants or animals. We do not accept any liability for any claims for loss or damage to these items if they are placed on our care or custody. Please make alternative transport or storage arrangements for such items.
D. To pay for any parking charges which we incur whilst carrying out work for you;
E. To declare in writing all articles which may be liable to Customs Duties or restrictions. You agree to indemnify us against all claims, fines, costs, charges and expenses incurred by us as a result of any inaccurate information supplied by you.
4. VOLUNTARY ADVICE
We will use our best endeavours to assist you in matters affecting the export or import of goods and effects. Any advice or information is given on the grounds that governmental regulations and laws may be subject to interpretation and variation at any time we will use our best endeavours to notify you of any subsequent changes to the laws or regulations regarding the export or import of your goods.
5 METHOD AND ROUTE
You agree that:
A. We may select the means of transport. From the time the goods are delivered up to the shipping line, airline or railway company, the safe care and custody of the goods will be the sole responsibility of the shipping line, or railway company until the goods are delivered to ourselves, our nominated agents or subcontractors;
B. We may employ subcontractors. If we subcontract the work these conditions will apply to the subcontractor,
C. We may select the route and the means by which goods shall be carried to our store;
D. If the carrying vessel should, for any reason outside our control, deliver the goods to a place or port other than the original destination you will be responsible for all additional costs on the onward transportation, in keeping with the accepted international shipping practices;
E. If we are unable to deliver your goods to an agreed delivery address due to circumstances outside our control, we may deliver your goods to our own or an appointed agent's warehouse or storage at the nearest suitable location or where storage space is available. Upon delivery our contract will be completed and you agree to pay any further storage, handling or redelivery charges.
F. Although transit times are an average, no time will start to count till full payment is received and cleared in our account.
6. LIMITS OF LIABILITY
Unless otherwise agreed with you in writing in advance in the Agreement, if we are negligent or in breach of contract:
A. We will pay you a maximum sum of $50 for each item which is lost or damaged to cover the cost of repairing or replacing that item; or
B. We may choose to repair or replace any of the damaged articles. If an article is repaired to a reasonably satisfactory standard no liability will be accepted for depreciation in value; or
C. For the purpose of the Agreement an item is defined to include as any one article, suite service, set or complete case, package or other container. Where goods are transported by a shipping line, airline, truck or by rail custody of the goods will be the sole responsibility of the shipping line, airline, truck or by railway company until the goods are delivered to our nominated agents or subcontractors.
If the goods are lost or damaged whilst in the care and custody of the shipping line, airline, truck or railway company we shall not be liable. We will transfer to you the benefits of any rights we have against them under the terms that are valid until the goods are delivered to our nominated agents or subcontractors.
7. LIMITS OF LIABILITY FOR DAMAGE TO PREMISES
If we are negligent or in breach of contract or otherwise responsible for causing loss or damage to your premises we will pay you either;
A. The cost of repairing the damaged area to a maximum limit of $ 100; or
B. Up to a maximum of $ 100 on each premise.
You are advised to take out insurance to cover your premises against the risk of damage if you ask us in writing to insure against this risk for an amount greater than $ 1000 we will do so provided you pay the premium. Insurance details are available upon request.
8. EXCLUSIONS OF LIABILITY
We shall not be liable for:
A. Loss or damage caused by fire,
B. Loss or damage caused whilst in the care and custody of the shipping line, airline, truck or railway company. We will transfer to you the benefits of any rights we have against them under their terms and conditions which are governed by international conventions and protocols;
C. Loss or damage caused where goods have been packed by you or others with inadequate protection;
D. Loss or damage caused where goods have been unpacked by you or others;
E. Loss or damage if goods are removed or delivered to unattended or unoccupied premises or where third parties are present (see clause 5B);
F. Loss or damage caused by vermin, moth, or other infestations;
G. Loss or damage caused if goods have any inherent defects or suffer from any inherent vice;
H. Loss or damage caused by war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, insurrection or military coup, wear and tear or gradual deterioration, leakage or deficiency or articles of a perishable or leaky nature, acts of god, or other circumstance beyond our control.
I. Loss of use, loss of employment, loss of profit or any other consequential loss.
9. PAYMENT
A. Unless otherwise agreed with you in writing, at the moment the booking is made a 10% deposit is to be made so as to reserve the date and time of your removal.
B. Unless otherwise agreed with you in writing in advance, full payment is to be effected once the work has been completed. We will not be liable for any delays or demurrage charges occurred due to no payment of our invoice. Meaning goods will not be moved till full payment is not received.
A claim or dispute shall not be made the reason for deferring payment to us.
10. CANCELLING THE REMOVAL
A. If you cancel the removal we shall charge you the following: 5 workings days or less before the start of the work - 20% of the removal/shipping/storage.
B. If we cancel the removal we will refund you the charge for the removal. In addition we will pay the following: 5 working days or less before the start of the work - 20% of the removal / shipping / storage charges. This condition shall not apply where the removal / shipping / storage has been cancelled or postponed due to adverse weather conditions or national industrial action.
11 LIEN
A. If our charges are not paid, any goods in our possession or custody will be removed to store and retained until payment is made. We shall be entitled to charge for storing these goods. Any costs incurred in removing them to or from store will be met by you. All charges must be paid in full before the goods can be released. If our charges are not met in full on the due date, interest will be payable on all Moines outstanding.
B. “Lien” means the right to hold property until a debt is paid in full. We shall have a general or particular lien upon all goods in our possessions for all money you owe us or for expenses incurred by us and for payments we make on your behalf. If some of the goods have been delivered, removed, dispatched, or sold the general lien shall apply to any goods that remain in our possession. We shall be entitled to charge warehouse rent and all other expenses whilst we maintain a lien on the goods. All these conditions shall continue to apply to them.
C. End of Agreement / Power of Sale: In the event of more than twelve weeks rental being outstanding we may give you 30 days written notice requiring you to remove all goods from our care, control or custody and pay all debts due. If you do not remove the goods we may sell or otherwise dispose of all or part of them without further notice. Any proceeds of sale will be credited to your storage account or against any other payments due to us form you. You will be responsible for any costs incurred by us in selling or disposing of the goods. Any surplus proceeds will be paid to you without interest.
12 TERMINATION OF CONTRACT
Termination by us:
If payment due from you is in arrears we may end this Agreement giving you 5 days notice.
Termination by you:
You must give us at least 5 full working days notice in writing.
II. NOTES ON INSURANCE
We recommend that all of our customers buy insurance cover because in the event of loss or damage to your property, you have limited rights of recourses against us. We can assist by arranging insurance for customers. Full details are available upon request. Please note that all insurance policies have conditions and exclusions. It is your responsibility to ensure that the insurance cover is Maintained in force whilst we are undertaking work on your behalf, Willmove C.B. has arranged through insurers, insurance cover specially tailored to protect you when the goods are in transit or store.
A. Total loss insurance is applied on all packed by owner items, provided it is informed in writing prior the removal.
B. Normal insurance will be applied on all professionally packed items provided it is informed in writing prior the removal.
C. Issuance of insurance policy has a minimum applicable rate of € 25.
D. All insurance claims claimed through our insurance companies have a deductible of € 150
