Home 2 Heart Removals Terms & 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 prior
written agreement. Your attention is drawn to Clauses 8, 9, 10, and 11 which
limit our liability and you should therefore consider specialist insurance to cover your goods or
premises. We are able to provide such insurance on your behalf under our
master policy. Insurance will form a separate Agreement to these Terms and Conditions.

 


1 Our Quotation


1.1 Our quotation, unless otherwise stated, does not include insurance, customs duties and
inspections or any other fees or taxes payable to government bodies.


1.2 We may change the price or make additional charges if circumstances are found to apply
which have not been taken into account when preparing our quotation and confirmed by us in
writing. These include:


1.2.1 You do not accept our quotation in writing within 28 days, or the work is not carried out or
completed within three months.


1.2.2 Our costs change because of currency fluctuations or changes in taxation or freight
charges beyond our control.


1.2.3 The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal hours
(08.00-18.00hrs) at your request.


1.2.4 We have to collect or deliver goods at your request above the ground floor and first upper
floor.


1.2.5 If you collect some or all of the goods from our warehouse, we are entitled to make a
charge for handing them over.


1.2.6 We supply any additional services, including moving or storing extra goods (these
conditions apply to such work).


1.2.7 The 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.

1.2.8 We have to pay parking or other fees or charges in order to carry out services on your
behalf.


1.2.9 There are delays or events outside our reasonable control which increase or extend the
resources or time allowed to complete the agreed work.


1.2.10 We agree in writing to increase our limit of liability set out in Clause 8.1.


1.3 In any such circumstances, adjusted charges may apply and become payable.


2 Work not included in the quotation


2.1 Unless agreed by us in writing, we will not:


2.1.1 Dismantle or assemble unit or system furniture (flat-pack), fitments or fittings.


2.1.2 Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or
equipment.


2.1.3 Take up or lay fitted floor coverings.


2.1.4 Move items from a loft, unless properly lit and floored and safe access is provided.


2.1.5 Move or store any items excluded under Clause 4.


2.2 Our staff are not authorized 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 sole responsibility to:


3.1.1 Declare to us, in writing, the value of the goods being removed and/or stored. If it is
subsequently established that the value of the goods removed or stored is greater than the
actual value you declare, you agree that our liability under clause 8.1 and 8.2 will be reduced to
reflect the proportion that your declared value bears to their actual value.


3.1.2 Arrange adequate insurance cover for the goods submitted for removal transit and/or
storage, against all insurable risks as our liability is limited under clauses 8.1 and 8.2.


3.1.3 Obtain at your own expense, all documents, permits, permissions, licences, customs
documents necessary for the removal to be completed.


3.1.4 Be present or represented during the collection and delivery of the removal.


3.1.5 Ensure​ ​authorised signature on agreed inventories, receipts, waybills, job sheets or other
relevant documents by way of confirmation of collection or delivery of 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​ ​stabilise 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 Provide us with a contact address for correspondence during removal transit and/or
storage of goods.


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 (4.1.6) below carry other risks and
you should make your own arrangements for their transport and storage.


4.1.1 Prohibited or stolen goods, drugs, pornographic material, 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, stamps,
coins, or goods or collections of any similar kind.


4.1.3 Plants or goods likely to encourage vermin or other pests or to cause infestation or
contamination.


4.1.4 Perishable items and/or those requiring a controlled environment.


4.1.5 Any animals, birds or fish.


4.1.6 Goods which require special licence or government permission for export or import.


4.2 If we do agree to remove such goods, we will not accept liability for loss or damage unless
we are negligent or in breach of contract, in which case all these conditions will apply. 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 will apply for an appropriate court order to
dispose of any such goods found in the consignment without notice. You will furthermore pay
to us any charges, expenses, damages, legal costs or penalties incurred by us.

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
5.1.2 The person(s) who own or have an interest in them have given you authority to make this
contract and have been made aware of these conditions.


5.1.3 You will pay us for any claim for damages and/or costs brought against us if either
warranty (5.1.1) or (5.1.2) is not true.


6. Charges if you postpone or cancel the removal


6.1 If you postpone or cancel this Agreement, we will charge you according to how
much notice is given. “Working days” refer to the normal working week of
Monday to Friday and excludes weekends and Public Holidays.


6.1.1 More than 10 working days before the removal was due to start: No charge.


6.1.2 Between 5 and 10 working days inclusive before the removal was due to start: not more
than 30% of the removal charge.


6.1.3 Less than 5 working days before the removal was due to start: not more than 60% of the
removal charge.


6.1.4 Less than 2 working days before the removal was due to start: Not more than 90% of the
removal charge


7. Payment


7.1 Unless otherwise agreed by us in writing:


7.1.1 Payment is required by cleared funds in advance of the removal or storage period.


7.1.2 You may not withhold any part of the agreed price.


7.1.3 In respect of all sums which are overdue to us, we will charge interest on a daily basis
calculated at 4% per annum above the prevailing base rate for the time being of the Bank of
England.


8. Our liability for loss or damage


8.1 Our liability for loss or damage is limited, as set out in clause 8.1.1 below.Alternatively, you
may request us to increase our liability, as set out in clause 8.1.2 below:

8.1.1 In the event of our negligence or breach of contract resulting in loss of or damage to your
goods, we will pay a sum equivalent to the cost of their repair or replacement whichever is the
smaller sum up to a maximum of £40 for any one item (see below), or


8.1.2 Prior to the commencement of work and subject to our having received your itemised
valued inventory (see 3(3.1.1)) we may agree to increase our liability, for an additional charge.
We will not unreasonably withhold consent to such a request. This is not insurance cover and
you are strongly advised to accept the insurance offered in our quotation, or if arranging
insurance cover yourself, you are advised to show this contract to your insurance company.


8.2 For goods destined to, or received from a place outside the United Kingdom


8.2.1 We will 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. In either circumstance clause 8.1.1
and 8.1.2 above will apply.


8.2.2 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.


8.2.3 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 have limited
recourse against the carrier, and 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.


8.2.4 We do not accept liability for goods confiscated, seized, removed or damaged by Customs
Authorities or other Government Agencies unless we have been negligent or in breach of
contract.


8.3 For the purposes of this Agreement an item is defined as:


8.3.1 The entire contents of a box, parcel, package, carton, or similar container; and


8.3.2 Any other object or thing that is moved, handled or stored by us.


9. Damage to premises or property other than goods


9.1 Because third party contractors are frequently present at the time of collection or delivery our
liability for loss or damage is limited as follows:

9.1.1 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.


9.1.2 If we cause damage as a result of moving goods under your express instruction, against
our advice, and where to move the goods in the manner instructed is likely to cause damage, we
shall not be liable.


9.1.3 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 or within a reasonable time. This is fundamental to the Agreement.


10. Exclusions of liability


10.1 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 if caused by any of the following circumstances


10.1.1 By fire howsoever caused


10.1.2 By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil
war, terrorism, rebellion and/or military coup, Act of God, third party industrial action or other
such events outside our reasonable control.


10.1.3 By 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.


10.1.4 By moth or vermin or similar infestation.


10.1.5 By cleaning, repairing or restoring unless we arranged for the work to be carried out.


10.1.6 By change to atmospheric or climatic conditions.
OR
10.1.7 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.


10.1.8 For electrical or mechanical derangement to any appliance, instrument, clock, computer or
other equipment unless there is evidence of related external damage.


10.1.9 For any goods which have a pre-existing defect or are inherently defective.


10.1.10 For animals and their cages or tanks including pets, birds or fish.


10.1.11 For plants


10.1.12 For perishable items and/or those requiring a controlled environment.


10.1.13 For items referred to in Clause 4.

10.1.14 For damages or costs resulting indirectly from, or as a consequence of, loss, damage, or
failure to produce the goods including but not limited to loss of use or amenity.


10.2 No employee of ours shall be separately liable to you for any loss, damage, nondelivery,
errors or omissions under the terms of this Agreement.


10.3 Our liability will cease upon handing over goods from our warehouse (see Clause 11.2
below).


11 Time limit for claims


11.1 For goods which we deliver, you must notify us in writing of any visible loss, damage or
failure to produce any goods at the time of delivery.


11.2 If you or your agent collect the goods, you must notify us in writing of any loss or damage at
the time the goods are handed to you or your agent.


11.3 Notwithstanding clauses 8, 9 and 10 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, in writing as soon as such loss or damage is discovered
(or with reasonable diligence ought to have been discovered) and in any event within seven (7)
days of delivery of the goods by us.


11.4 The time limit for notifying us of your claim may be extended 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.


12 Delays in transit


12.1 Other than by reason of our negligence or breach of contract, we will not be liable for delays
in transit.


12.2 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 Our Right to Hold the Goods (lien)


We shall have a right to withhold and/or ultimately dispose of some or all of the goods until you
have paid all our 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 incurred by our
withholding your goods and these terms and conditions shall continue to apply.

14 Disputes


If there is a dispute arising from this agreement which cannot be resolved, subject to the
agreement of both parties, either you or we may refer the dispute to an arbitrator.

15. Additional time


15.1 In the event of a key wait during a fixed price quotation, after 30 minutes of waiting time the
hourly rate will be charged until keys are received and the team begin to unload.This is standard
across the removals industry.


15.2 We can provide the option of a key wavier, this will be at an additional charge. Please contact
our office team for more information.