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. There terms and conditions can be varied and amended subject to prior written agreement.
1. Our Quotation
- 1.1 Our quotation, unless otherwise stated, does not include 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 work is not carried out or completed within three months from the date of the quotation.
- 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 of normal working hours ( xxx – xxx at your request
- 1.2.4 We have to collect or deliver goods at your request above the ground floor or first upper floor
- 1.2.5 If you collect some or all of the goods from the 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 stair 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 contained 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 works
- 1.2.10 We reserve the right to amend our pricing if you do not take advantage of all the services quoted for your removal
- 1.3 In any such circumstances, adjusted charges will 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 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 5
- 2.2 Our team 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, unless agreed and provided within the quotation
- 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 you declare, you agree that our liability under Clause 9.1 will be reduced to reflect the proportion that your declared value bears its or their actual value.
- 3.1.2 Obtain at your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed, unless agreed within the quote. An additional administration fee will be charged for such services.
- 3.1.3 Be present or represented during the collection and delivery of the removal
- 3.1.4 Ensure authorized signature on agreed inventories, receipts, waybills, job sheets or other relevant documents by way of confirmation of collection or delivery of goods
- 3.1.5 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error
- 3.1.6 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.
- 3.1.7 Prepare adequately and stabilize all appliances and electronic equipment prior to their removal
- 3.1.8 Empty, properly defrost and clean refrigerators and deep freezers. We will not be responsible for the contents.
- 3.1.9 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. Our responsibility
- 4.1 It is our responsibility to deliver your goods to you, or produce them for your collection, undamaged. By ‘undamaged’ we mean in the same condition as they were in at the time when they were packed or otherwise made ready for transportation and/or storage
- 4.2 In the event that we have untaken to pack the goods, or otherwise make them ready for transportation and/or storage. It is our responsibility to deliver them to you, or produce them for your collection, undamaged. Again by ‘undamaged’ we mean in the same condition as they were in immediately prior to being packed/made ready for transportation or storage.
- 4.3 If we fail to discharge responsibility identified in clause 4.1 and 4.2, we will subject to the provisions of clause 9, 11 and 12, be liable under this agreement to compensate you for such failure.
- 4.4 We will not be liable to compensate you where clauses 2.2, 3.2, 5.2 and 5.3 apply unless loss or damage occurred as a result of negligence or breach of contract on our part
- 4.5 If you do not provide us with a declaration of value of the goods on the form provided, or of you do not require us to accept standard liability pursuant to clause 9.1 we will not be liable to you for failure to discharge the responsibilities identified in clause 4.1 and 4.2, unless that failure was caused by negligence or breach of contract.
- 4.6 The amount of our liability under the clause shall be determined in accordance with clauses 9 and 11.
5. Goods not to be submitted for removal or storage
- 5.1 Unless previously agreed in writing by a Director or other authorized 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 5.1.1 below may present risks to health and safety and of fire, items listed under 5.1.2 to 5.1.6 below carry other risks and you should make your own arrangements for their transportation and storage.
- 5.1.1 Prohibited or stolen goods, drugs pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition
- 5.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind
- 5.1.3 Plats or goods likely to encourage vermin or other pests or to cause infestation or contamination
- 5.1.4 Perishable items and /or those requiring a controlled environment
- 5.1.5 Any animals, birds or fish
- 5.1.6 Goods which require special licence or government permission for export or import
- 5.2 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
- 5.3 If you submit such goods without our knowledge we will make them available for your collection and if you do not collect them without a reasonable time we will apply for an appropriate court order to dispose of any such goods founds in the consignment without notice. You will further more pay to use any charges, expense, damages, legal costs or penalties incurred by us.
6. Ownership of the goods
- 6.1 By entering into this Agreement, you guarantee that:
- 6.1.1 The goods to be removed and/or stored are your own property. Or
- 6.1.2 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.
- 6.1.3 You will pay us for any claim for damaged and/or costs brought against us if either warranty above is not true.
7. Charges if you postpone or cancel the removal
- 7.1 If you postpone or cancel this Agreement, we will charge you accordingly to how much notice is given. ‘ Working days’ refer to the normal working week of Monday to Friday and excludes weekends and Public holidays.
- 7.1.1 More than 10 days before the removal was due to start: No Charge
- 7.1.2 Between 5 and 10 working days inclusive before the removal was due to start: not more than 30% of the removal charge
- 7.1.3 Between 3 and 5 workings day inclusive before the removal was due to start; not more than 60% of the removal charge
- 7.1.4 Less than 2 working days before the removal was due to start; not more than 90% of the removal charge.
- 8.1 Unless otherwise agreed by us in writing;
- 8.1.1 Payment is required by cleared funds in advance of the removal or storage period
- 8.1.2 You may not withhold any part of the agreed price
- 8.1.3 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 Valetta
Determination of amount of our liability for loss or damage
9.1 Limited liability
- 9.1.1 We will provide limited liability in the event of loss or damage to your goods caused by negligence or breach of contract on our part, our liability to you is to be assessed as a sum equivalent to the cost of repair or replacement, taking into account their age and condition immediately prior to their loss or damage, subject to a maximum liability of €30 per item, to a maximum of €300 per Agreement or 10% whichever is the lowest.
- 9.1.2 For goods destined to or received for a place outside of Malta, we acting as your agent will make arrangements with any third parties required. Note transit times are shipping/airline estimates and cannot be guaranteed
- 9.1.3 We do not accept liability for loss or damage to goods confiscated, seized, or removed by Customs Authorities or other Government Agencies unless we have been negligent or in breach on contract
- 9.1.4 We do not accept liability for loss or for damage to goods occurring in certain oversees counties including Gambia, Iran, Iraq, Nigeria, Libya, Cambodia, unless we have been negligent or in breach of contract. This list is not exhaustive and we will advise you at the time of quotation if this exclusion applies.
We will accept liability for loss or damage:
Arising from our negligence or breach of contract whilst the goods are in our physical possession or 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 circumstances, clause 9.1 or 9.2 above will apply
9.2 An item is defined as:
- 9.2.1 The entire contents of a box, parcel, package, carton or similar container
- 9.2.2 Any other object or thing that is moved handled or stored
- 9.2.3 We advise to extend any cover you take out additional insurance which we will be your responsibility, we will assist in the sourcing of this as requested and as part of the administrative services.
10. Damage to premise or property other than goods
- 10.1 Because third party contactors are frequently present at the time of collection or delivery or liability for loss or damage is limited as follows
- 10.1.1 If we cause the 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
- 10.1.2 If we cause damage as a result of moving goods under your express instruction, against our advice, and where to move the goods in a manner instructed is likely to cause damage, we shall not be liable
- 10.1.3 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
11. Exclusions of liability
- 11.1 In respect of Limited Liability, we will not be liable for loss of or damage to your goods as a result of fire or explosions howsoever that fire or explosion was caused, war, invasion, acts of foreign enemies, hostilities, civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside out reasonable control unless we have been negligent or in breach of contract.
- 11.3 We will other than as a result of our negligence or breach of contract we will not be liable for any loss and/or damage to, or failure to produce the following goods:
- 11.3.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Date Records, Mobile telephones
- 11.3.2 Plants or goods likely to encourage vermin or other pets or to cause infestations or contamination
- 11.3.3 Perishable items and/or those requiring a controlled environment
- 11.3.4 Furs exceeding €100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins or Deeds
- 11.3.5 Any animals, birds or fish
- 11.3.6 Loss of consequential loss of any kind or description
- 11.3.7 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
- 11.3.8 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
- 11.3.9 Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by us or a 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 our liability is limited to €30 or its actual value whichever is less.
- 11.3.10 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
- 11.3.11 Loss or damage of motor vehicles caused by scratching, denting and marrying unless you obtain from us a pre-collection condition report
- 11.3.12 Loss or damage of motor vehicle whilst being driven or for the purposes of being driven under its own power other then for the purpose of loading onto or unloading from the carrying conveyance or container. Loss or damage sustained by accessories and removable items unless lost within the vehicle
- 11.3.13 For any goods which have a pre-existing defect or are inherently defective
- 11.4 No employee of ours shall be separately liable to you for any loss, damage mis-delivery, errors or omissions under the terms of this Agreement.
- 11.5 Our liability will cease upon handing over the goods from our warehouse or upon completion of delivery
We recommend that you take out a personal insurance for full protection, this will be based on the value of the items being transported and as reported to us. We can as requested provide quotation for this insurance cover, you will be responsible for procurement and payment of insurance cover specifically for the value they have deemed their personal effects are worth.
13. Time limit for claims
- 13.1 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
- 13.2 If you or your agents collect the goods, you must notify us in writing of any loss at the time the goods are handed to you or your agent
- 13.3 Notwithstanding clauses 9, 10 and 11 we will not be liable for any loss or damage to the goods unless a claim is notified to us, or 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 7 days of delivery of the goods by us
- 13.4 The time limit for notifying us of your claim may be extended upon receipt of your written request provided such request is received within 5 days of delivery.
14. Delays in transit
- 14.1 Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit
- 14.2 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
15. Our right to Hold the Goods
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. 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 of conditions shall continue to apply.
16. Our right to sub-contract the work
- 16.1 We reserve the right to subcontract 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 to storage
- 17.2 Unless is has been specifically agreed otherwise in writing in our quotation, other space/volume/capacity on our vehicles and/or container may be utilized for consignments of other customers
18 Advice and information for International Removals
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
This contract is subject to the law of the country in which the office of the company issuing the contract is situated
20 Your forwarding address
- 20.1 If you send goods to be stored, you must provide an address for correspondence and notify us if it changes. All correspondence and notices will be considered to have been received by you seven days after sending it 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 notices will be considered to have been received by you seven days after the publication date of the newspaper. NB all costs incurred relating to 19.2 will be charged to you.
21. List of goods (inventory) or receipt
Where we produce a list of your goods (inventory) or a receipt and send it over to you, it will be accepted as accurate unless you write to us within 10 days of the date of our sending, or a reasonable period agreed between us, notifying us of any errors or omissions
22. Revision of storage charges
We will review our storage charges periodically. You will be given 3 months notice in writing of any increases.
23. 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 3 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
If payment are up to date, we will not end this contract except by giving you 3 months notice in writing. If you wish to terminate your storage contract, you must give us at least 10 working days’ notice. 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 to the date when the notice should have taken effect.