1.Parties

The parties to this contract are the firm or company identified overleaf (the contractor) and the person identified overleaf who requests the contractor's services (the customer). The contractor is not a common carrier

2. Quotation and price

(1) The quotation will remain open for acceptance for 28 days from the quotation date.
(2) The quotation is for a fixed price but the contractor is entitled to increase the price after acceptance if due to circumstances beyond its control the performance of the contract becomes substantially more onerous for the contractor to carry out
(3) The increase in price shall be limited to the extra cost occasioned to the contractor in carrying out the contract.

3. Customer's Warranties

The customer undertakes and warrants:
(1) That he is the owner of the goods to be relocated
(2) That is he is not the owner of the goods, he is authorised by or has consent of the owner to enter into this contract.
(3) That there is proper and suitable access at all appropriate time to his premises to allow the contractor to carry out the work described overleaf.
(4) That he shall solely be responsible for the safety and security of all goods up to the point of departure from the collecting address and as from the point of arrival at the delivery address.
(5) That he shall be solely responsible for the safeguarding of the contractor's packing cases and any other removal equipment during such time as the same are at the collecting address or the delivery address during the removal operation.
(6) That he will obtain at his expense all documents necessary for the removal to be carried out.
(7) That he will arrange for and pay any necessary parking arrangements for the contractor's vehicles.
(8) That he will not submit for removal any dangerous or toxic article or substance or which is likely to encourage vermin or other pests or likely to cause or transmit any infectious or contagious diseases.

4. Payment by customer

(1) Unless otherwise previously agreed in writing, the customer must pay in advance for all removal services and in any event pay within 14 days of completion of the removal.
(2) If he does not pay within 14 days, the customer shall pay interest on the outstanding balance at a rate of 2.5% per month.
(3) Set-off. The customer shall not be entitled to withhold any part of the agreed price on ground that he has a claim against the contractor arising out of this or any other contract.

5. Postponement of removal

By way of liquidation damages the customer agrees to pay the following sum in the event of his postponement of the removal
(1) If notification of postponement is received by the contractor between ten to seven working days before removal, a sum representing 15% of the removal charges.
(2) If notification is received between seven and three working days before the removal, a sum representing 20% of the removal charges.
(3) If notification is received between three and one working days before the removal, a sum representing 35% of the removal charges.
(4) If notification is received less than 24 hours before the removal, a sum representing 75% of the removal charges.
(5) If the customer does not stipulate a new date for the removal within 28 days of the postponement the contract will be deemed to be cancelled and clause 6 will apply.

6. Cancellation of removal

By way of liquidated damages the customer agrees to pay a sum representing 50% of the removal charges in the event of the cancellation of the removal, save that if the cancellation is notified to the contractor less that 48 hours before the removal the percentage shall rise to 75%.

7. Inter-change and method

The contractor may inter-change goods between vehicles and may choose which route or by which means the goods shall be carried.

8. Inspection of goods and disposal of certain goods

(1) The contractor reserves the right to open or inspect goods to ensure compliance with clause 3.8 above or in the interests of health, safety or security.
(2) If on inspecting the goods the contractor on reasonable grounds believes that the customer is in breach of clause 3.8 above or that the goods pose a threat to health, safety or security the contractor shall be entitled (without prejudice to any other rights it may have) to dispose of the goods forthwith without compensation to the customer.

9. Lien

(1) Goods received or held by the contractor are subject:
(a) to a particular lien for the payment of the removal charges
(b) to a general lien for all monies owed to the contractor for any services rendered to the customer for this or any other contract.
(2) If the lien is not satisfied within 28 days of the contractor's notification of the exercise of the lien, the contractor shall be entitled to sell the customer's goods and apply the proceeds of the sale towards satisfaction of the lien.

10. Contractors liability

(1) The contractor shall not be liable for any loss or damage of any description (other than death and personal injury) or for any delay or mis-delivery of goods whether caused by the contractor's negligence or breach of any terms of this contract (whether express or implied, statutory or otherwise) or caused in some other manner.
(2) In particular the contractor shall not be liable for any consequential loss or damage of any description howsoever arising or for any damage to software or data contained on equipment moved. In the event of any of the above being damaged the contractor is not liable for the cost of making it fit.
(3) The contractor is allowed to arrange all risk insurance at competitive premiums. If the customer accepts the insurance the contractor's liability will be limited to the risks covered by the policy. If the customer does not accept this insurance clauses 10.1 and 10.2 shall apply, and the contractor strongly advises the customer to renew his own insurance arrangements to ensure adequate cover.

11. Claim against the contractor by a third party

If the contractor is required to pay any charge, expense, damage or penalty to a third party arising out of the performance of the contract, the customer will indemnify the contractor against such payment, unless it was brought about by the contractor's negligence.

12. Arbitration

If any dispute or difference shall arise between the parties the matter shall be referred to the arbitration of a single arbitrator to be agreed between the parties or in default of agreement an arbitrator who is a barrister or not less than 10 years standing and appointed by the president by the time being of the British Association of Removers and shall take place in London.

13. Proper law of the contract

These terms and conditions shall be governed by English law of the customer resides in England or Wales at date of acceptance of the quotation or by Scottish law if at the said date the customer resides in Scotland.

14. Variation of terms

No variation of these terms and conditions shall be effective unless the variation is recorded in writing and acknowledged by the other party prior to work commencing.