These conditions explain your rights, obligations, and responsibilities and those of "Cornerstone Removals" A contract is a two-way arrangement, and it is important that everyone knows where they stand. Where we use the word 'you' or 'your' it means the customer; 'we', 'us' or 'our' means "Removals Market Limited T/A Cornerstone Removals" These conditions can only be changed or amended by our written agreement.
Cornerstone Removals is the trading name of the company Removals Market Limited (Company Registration number:14144322) and registered in England and Wales with the registered office at 262 High Road, Harrow, England, HA3 7BB. E-mail address: office@cornerstoneremovals.co.uk and Telephone number: 0203 538 5727
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', 'Our' of ‘Claim Handler’ means the Remover.
These terms and conditions can be varied or amended subject to prior written agreement.
1. Our Quotation
1.1 Our quotation, unless otherwise stated, does not include, 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.
1.2 Our Quotation is valid for ninety days from the date of issue unless the pricing by which we operate across the business changes.
1.3. Additional charges may apply in the following circumstances:
1.3.1. Unless already included in the Personal Move Plan, if our costs change because of currency fluctuations, changes in taxation, freight, fuel, ferry or toll charges beyond our control.
1.3.2. Unless already included in the Personal Move Plan, if we have to collect or deliver goods at Your request above the ground floor and first upper floor.
1.3.3. Unless already included in the Personal Move Plan, if You or Your agents request collection or access to Your goods whilst they are in storage.
1.3.4. Unless already included in the Personal Move Plan, if we supply any additional services, including moving or storing extra goods (these conditions apply to such work).
1.3.5 Unless already included in the Personal Move Plan, if upon delivery of packing materials you decide to cancel the service, you agree to cover the costs for the packing materials or to pay a sum of £100 + VAT for the collection service.
1.3.6 Unless already included in the Personal Move Plan, if 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.
1.3.7 Unless already included in the Personal Move Plan, if You or Your agents request attended collection or access to Your goods whilst they are in store. If unattended access is required, the insurance protection is waived.
1.3.8 Unless already included in the Personal Move Plan, if we have to pay parking or other fees or charges (including fines where you have not arranged an agreed suspension of parking restrictions) in 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.
1.3.9 Unless otherwise provided in the Personal Move Plan, there are waiting time charges that apply. The waiting time charges are £25 (plus VAT) per hour per team member attending Your move. The waiting time charges apply from the time the team arrives at the pick-up/delivery property, until such time the team is granted access to the property, or the team can start loading/unloading.
1.3.10 Unless already included in the Personal Move Plan, if there are delays or events outside Our reasonable control which increase or extend the resources or time allowed to complete the agreed work.
1.3.11 We agree in writing to increase Our limit of liability set out in Clause 8.1 prior to the work commencing. This shall be according to the type of Personal Move Plan and insurance cover shown on the Personal Move Plan, as follows:
1.3.11.1 Standard Liability Insurance shall be available for the Personal Move Plan - Standard, Premium, Multiple trip and White gloves:
i) You shall be entitled to claim the current market value of the item in current conditions or the repairing costs, whichever is cheaper; and
ii) Our liability shall be limited to £50,000 per vehicles for up to three (3) vehicles.
1.3.11.2 Limited liability insurance shall be available for Personal Move Plan – Basic. With a Limited Liability Insurance:
i) You shall be entitled to claim up to £100 per damaged item; and
ii) Our liability shall be limited to £20,000 per vehicle for up to (3) vehicles.
1.3.11.3 Fine Art Insurance shall be available and purchased separately for bespoke, high value and antique items. With Fine Art Insurance, the premium payable by You shall vary, and the limit of the claim shall be agreed in line with the Fine Art Insurance provisions.
1.5 You agree to pay any reasonable charges arising from the above circumstances.
2 Work not included in the quotation:
2.1.1 Unless agreed by us in writing, we will not dismantle or assemble furniture of any kind.
2.1.2 Unless agreed by us in writing, we will not disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment.
2.1.3 Unless agreed by us in writing, we will not take up or lay fitted floor coverings, curtains.
2.1.4 Unless agreed by us in writing, we will not move items from a loft, unless properly lit and floored and safe access is provided.
2.1.5 Unless agreed by us in writing, we will not move or store any items excluded under Clause 4.
2.1.6 Unless agreed by us in writing, we will not pack/wrap painting, artwork, furniture that we move or store.
2.1.7 Unless agreed by us in writing, we will not 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.
2.2 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.
3 Your responsibility
3.1 It will be your responsibility to:
3.1.1 Obtain at Your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.
3.1.2 Unless agreed by us in writing, pay for any parking or meter suspension charges incurred by Us in carrying out the work.
3.1.4 Unless agreed by us in writing, be present or represented throughout the collection and delivery of the removal.
3.1.5 Where We provide You with inventories, receipts, waybills, job sheets or other relevant documents You will ensure that they are accurate and signed by You or Your authorised representative as confirmation of collection or delivery of the Goods.
3.1.6 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
3.1.7 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.
3.1.8 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
3.1.9 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
3.1.10 Ensure that all domestic and garden appliances, including but not limited to washing machines, dishwashers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them;
3.1.11 Provide Us with a correct and up to date contact address and telephone number during removal transit and/or storage of goods.
3.1.12 Arrange appropriate transport, storage or disposal of goods listed in clause 4.
3.1.13 Make sure you have enough space in the new property for your items.
3.2 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 Goods not to be submitted for removal or storage
4.1 Unless previously agreed in writing by a director or other authorised 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.
4.1.1 Potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
4.1.2 Jewellery, 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.
4.1.3 Goods likely to encourage vermin or other pests or to cause infestation or contamination.
4.1.4 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.
4.1.5 Perishable items and/or those requiring a controlled environment.
4.1.6 Any animals, birds, fish, reptiles or plants.
4.1.7 Goods which require special licence or government permission for export or import.
4.1.8 Under no circumstances will Prohibited or stolen goods, drugs or pornographic material be moved or stored by Us.
4.2 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.
5 Ownership of the goods
5.1 By entering into this Agreement, you guarantee that:
5.1.1 The goods to be removed and/or stored are Your own property, or the goods are Your property free of any legal charge; or
5.1.2 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.
5.1.3 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.
5.1.4 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 5.1.1 or 5.1.2 is untrue.
5.1.5 If You wish to transfer responsibility for 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.
6 Charges if You postpone or cancel the removal
6.1 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 at Clause 6.1.1 - 6.1.4. For the purpose of this Agreement, "Working days" refer to the normal working week of Monday to Friday and includes office hours 9am to 5pm and excludes weekends and Public Holidays.
6.1.1 More than 3 working days before the removal was due to start: No charge.
6.1.2 Three (3) working days before the moving date - not more than 30% of the removal cost.
6.1.3 Two (2) working days before the moving date - 60% of the removal cost.
6.1.4 The working day before the moving date - 75% of the removal cost.
6.1.5 On the day of the move or at any time after the work commences - 100% of the removal cost.
6.2 Cancellation/Postponement Waiver
6.2.1 If offered, and paid for in advance of the commencement of the services, we agree to waive the charges in Clauses 6.1.2, 6.1.3 and 6.1.4 above.
6.2.2 Our agreement to waive the charges is conditional upon Us receiving written notice of Your intention to Cancel/Postpone no later than 5pm the Working Day before Services commence. The Cancellation/Postponement charge will entitle You to only one Cancellation/Postponement.
6.3 The 14 days cooling off period as provided by the Consumers Act 2015
6.3.1 If You book during an in person survey, you agree that the 14 days cooling off period as provided by the Consumers Act 2015 is disregarded and that Clause 6.1 of this Agreement will supersede the said provision.
6.4 The notice of cancellation or postponement needs to be given either by email to office@cornerstoneremovals.co.uk or by phone to 0203 538 5727.
7 Payment
7.1 Unless otherwise agreed by Us in writing, payment is required in full by 10am on the day of the move. We reserve the right to refuse to continue removal or storage until such payment is received.
7.2 In respect of all sums which are overdue to us, We will charge interest on a daily basis calculated at 3% per annum above the prevailing base rate for the time being of the Bank of England.
7.3 We reserve the right to charge waiting time if We have to stop the unloading process due to any outstanding payments or charges due to us.
8 Our liability for loss or damage
8.1 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 Condition 1.3.10. (Our Quotation).
8.2 Where an item is damaged due to negligence on Our part, We shall be liable to cover the costs for the repair of the affected area only, or make monetary compensation proportionate to the loss of value caused by the damage.
8.3 For goods destined to, or received from a place outside the United Kingdom:
8.3.1 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.
8.3.2 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.
8.3.3 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.
8.3.4 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.
8.4 For the purposes of this Agreement an item is defined as:
8.4.1 The entire contents of a box, parcel, package, carton, or similar container; and
8.4.2 Any other object or thing that is moved, handled or stored by us.
8.4.3. If the claim is raised when our team is not present the client needs to provide before and after pictures with the claim.
9 Our claims requirements
We reserve the right to reject claims if any of the following is not provided:
9.1 Claims form
9.1.1 Unless agreed by the claim’s handler that another form of application is acceptable
9.1.2 We reserve the right to reject your claim if this is received incomplete
9.2 Proof of purchase
9.2.1 Valid proof of purchase includes the following:
i) Invoice
ii) Receipt
iii) Bank Statement
iv) Packaging
9.2.2 All proof of purchase provided must display the date of the purchase and the value of the item being claimed
9.2.3 9.2.3 If it is proven that the goods are under one years old and covered by warranty, we may reject your claim and advise you to contact the manufacturer. This is subject to the damaged item.
9.3 Pictures of items before moving
Unless stated otherwise by the claims handler this we need pictures evidence showing the item before and after the move took place.
9.4 Pictures of items after moving
9.4.1 Valid Images include the following:
i) Images that display the damage to the item
ii) Images that display the full item
9.4.2 Images not accepted include:
i) Blurry images
ii) Images ONLY showing the damaged area
10 Claims procedure
10.1 Time limit for claims
10.1.1 Time limit for claims
10.1.2 Claims must be made within (7) days of the move date in writing to claims@cornerstoneremovals.co.uk
10.1.3 If an extension is required a written request must be made to the claims handler and approved. Consent to such a request will not be unreasonably withheld.
10.1.4 Once the claims form is submitted, we will not accept any other claims form all items must be included in the first form submitted
10.2 Closing Claims
10.2.1 We reserve the right to close claims if we do not receive a response fourteen (14) days from sending acknowledgement of receipt
10.2.2 If we do not receive a response for your claim within 20 days of providing an offer your claim will be closed
10.2.3 Once an offer is provided this can either be disputed or accepted with 10 days of receiving the offer
10.3 Compensation
10.3.1 We aim to repair or provide compensation based on the value of the item in used conditions
10.3.2 Once compensation is agreed this cannot be changed later
10.3.3 If we are unable to repair or compensate for an item, we may offer a specialist service
10.3.4 Unless agreed by the Claim Handler we may replace the damaged item
10.3.5 We reserve the right to replace the item with a second-hand reconditioned product
10.4 Our Liability
10.3.1 We reserve the right to reject any claim if the waiver liability has been signed
10.3.2 If items have been placed in storage or picked up by another company/agency all liability is waivered at the point of inception
10.5 Missing items
10.5.1 We will not be held liable for any missing items that are not included in the inventory list
10.5.2 We will not be held liable for any additional instructions provided at the time of the move if we were not informed prior
11 Damage to premises or property other than goods
11.1 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:
11.1.1 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.
11.1.2 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.
11.1.2 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.
12 Exclusions of liability
12.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract.
12.2 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.
12.3 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:
12.3.1 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.
12.3.2 Moth or vermin or similar infestation.
12.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
12.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
12.3.5 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.
12.3.6 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
12.3.7 For any goods which have a pre-existing defect or are inherently defective.
12.3.8 For perishable items and/or those requiring a controlled environment.
12.3.9 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
12.3.10 For items referred to in Clause 4.
12.4 Where goods are handed out from the store Our liability will cease upon handing over the goods to You or Your authorised representative (see Clause 11.1 below).
12.5 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.
13 Delays in transit
13.1 Other than by reason of Our negligence or breach of contract, We will not be liable for delays in transit.
13.2 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.
13.3 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.
14 Our Right to Hold the Goods (lien)
14.1 "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 22). 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.
15 Disputes
15.1 If there is a dispute arising from this Agreement, which cannot be resolved, either party may refer to the Alternative Dispute Resolution (ADR) like The Small Claims Court.
16 Our right to sub-contract the work
16.1 We reserve the right to sub-contract some or all of the work.
16.2 If We sub-contract, then these conditions will still apply.
17 Route and method
17.1 We have the right to choose the method and route by which to carry out the work and the location in respect of storage.
17.1 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.
18 Advice and information for International Removals
18.1 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.
19 Applicable law
19.1 Any dispute between us will be governed by the law and jurisdiction of England and Wales. 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.
20 Your forwarding address
20.1 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.
20.2 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.
21 List of goods (inventory) or receipt
21.1 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.
22 Revision of storage charges
22.1 We review our storage charges periodically. You will be given 30 days' notice in writing of any increases.
23 Our right to Sell or dispose of the Goods
23.1 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 sales proceeds does not cover the outstanding amount, We may seek to recover any outstanding amount from You.
24 Termination
24.1 If payments are up to date, We will not end this contract except by giving You three months' notice in writing. If You wish to terminate Your storage contract, You must give us at least 10 working days' notice (working days are defined in Clause 6 above). If We can release the goods earlier, We will do so, provided that your account is paid up to date. Charges for storage are payable up to the date when the notice should have taken effect.