Storage services

Office moving terms & conditions

1.   Parties
The parties to this contract are Abels Office Moving Services part of Abels Moving Services Ltd ("The Contractor") and the     person identified in the quotation who requests the move or storage services ("The Customer'*). The contractor is not a common carrier.

2.   Quotation and Price
a).   The quotation will remain open for acceptance for 28 days from the quotation date.                   
b).   The quotation is for a fixed price but the contractor is entitled to increase the price after acceptance if due to circumstances beyond their control the performance of the contract becomes substantially more onerous for them to carry out
c).   Any increase in price shall be limited to the extra cost (plus profit) occasioned to The Contractor carrying out the contract.                                                          

3.   Work excluded from the quotation
The following work is excluded:
a).  The packing and unpacking of goods before and after removal;
b).  The dismantling or re-assembling of furniture, fixings or fittings:
c).  The disconnection, preparation for transit or reconnection of electrical apparatus or equipment
d).  The removal or relaying or re-hanging of fitted floor coverings, curtains or blinds. The contractor may, however, be willing to carry out the above- mentioned work for an agreed price which will be agreed in writing prior to the move.

4.   Customer's Warranties
      The customer undertakes and warrants:                                               
a).  That he is the owner of the goods, before and after removal.
b).  That if he is not the owner of the goods, he is authorised by or has the written consent of the owner to enter into this contract.
c).  That there is proper and suitable access at all appropriate rimes to the premises to enable The Contractor to carry out all the work described in the contract
d).  That he shall be solely responsible for the safety and security of all of the goods up to the departure from the collecting address and as from the point of arrival at the delivery address.
c).  That he shall be solely responsible for the safeguarding of all (he contractor's packing cases and any other moving equipment during such time as the same are at the collecting address or at the delivery address during the moving operation.
f)   That he will obtain at his own expense all documents necessary for the move to be carried out
g).  That he will arrange and pay for any necessary parking facilities for The Contractor's vehicles unless shown to be included within the quotation.
h).  That he will not submit for moving or storage any dangerous or toxic article or substance which is likely to encourage vermin or other pests or likely to cause or transmit any infection or contagious disease.

5.   Payment by Customer
a).  Unless previously otherwise agreed in writing, The Customer must pay in advance for all moving services and in any event must pay within 30 days of completion of the move.        
b).  If he does not pay within 30 days, The Customer shall pay interest on any outstanding balance at the rate of 2.5% per month (or part).
c).  Set-off. The Customer shall not be entitled to withhold any part of the agreed price on the grounds that he has a claim against The Contractor arising out of this or any other contract

6.   Postponement of the move
By way of liquidated damages the Customer agrees to pay the following sum in the event of his postponement of the move:                                                                             
a).  If notification of postponement is received by The Contractor between 10 to 7 working days before the move, a sum representing 15% of the moving charges. 6 to 3 days 30% of the moving charges, 2 days or less is regarded as a cancellation.
b).  If The Customer does not stipulate a new date for the move within 28 days of postponement the contract will be deemed to be cancelled and clause 7 will apply.

7.   Cancellation of the move                                                                                   
By way of liquidated damages The Customer agrees to pay a sum representing 50% of the moving charges in the event of his cancellation of the move, save that if the cancellation is notified to the Contractor less than 48 hours before the move, the percentage shall rise to 75%.

8.   Sub-contracting                                                                                                       
The Contractor reserves the right to subcontract all or part of the move. If The Contractor sub-contracts, he does so as the agent of the Customer which means that the move will still be carried out in accordance with and subject to these terms and conditions. 
                       
9.   Inter-change and method
The contractor may at any time inter-change goods between vehicles and warehouses and may choose which route or by which means the goods shall be carried.

10.  Inspection of goods and disposal of certain goods
a).  The Contractor reserves the right to open or inspect goods to ensure compliance with Clause 4(h) above or in the interest of health, safety or security.
b).  If upon opening or inspecting the goods The Contractor on reasonable grounds believes that The Customer is in bread) of Clause 4(h) 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.

11.  Lien
Goods received or held by the Contractor are subject:
a).  To a particular lien for the payment of moving or storage charges.
b).  To a general lien for all monies owed to The Contractor for any services rendered to The Customer under this or any other contract. If the lien is not satisfied within 28 days of The Contractor's notification of the exercise of such lien, the Contractor shall be entitled to sell The Customer's goods and apply the proceeds of the sale towards satisfaction of the lien.

12.  Contractor's liability
a).  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 term of this contract (whether expressed or implied, statutory or otherwise) or caused in some other manner.
b).   In particular. The Contractor shall not be liable for any consequential loss or damage of any description howsoever arising.
c).   If The Customer accepts Abels insurance liability will be limited to the risks covered by the policy. If The Customer does not accept Abels insurance clauses 12(a) and (b) shall apply, and The Contractor strongly advises The Customer to review his own insurance arrangements to ensure adequate cover.

13.  Claims by third party against the Contractor
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.

14.  Arbitration
If any dispute or difference shall arise between the Contractor and the Customer the matter may be referred to the arbitration of a single arbitrator, to be agreed between the parties or in default of agreement an arbitrator appointed by the President for the time being of the Institute of Arbitrators. This does not prejudice your rights under the Consumer Arbitration Agreements Act 1988.

15.  Proper law of contract
Our contract is made at our office and is subject to English Law and the jurisdiction of English courts only.

16.  Variation of Terms
No variation of these terms and conditions shall be effective unless the variation is recorded in writing and acknowledged by a Director of Abels, in writing, prior to work commencing.

ADDITIONAL TERMS AND CONDITIONS FOR STORAGE OF GOODS

17.  Address of Customer
The Customer must at all times keep The Contractor informed in writing of his current address. Notification of change of address shall not be effective unless it is acknowledged in writing by The Contractor. The Contractor agrees to make his acknowledgement promptly upon receipt of this notification. Any notice to The Customer (under this or any other clause herein) which is made to his last known address shall be deemed to be good notice and duly served 7 days after the date of posting.

18.  Inventory
Where an inventory is prepared it shall be conclusive evidence of The Customer's goods which are stored, unless The Contractor receives the Customer's notification in writing of any error or omission within 7 days of his receipt of the inventory. Such notification shall not be effective unless acknowledged in writing by The Contractor. The Contractor agrees to make this acknowledgement, in writing promptly upon receipt of this notification.

19.  Payment of storage charges
a).   Storage charges are payable in advance. If The Customer removes the goods from storage before the expiration of the invoiced period, the Contractor will credit from the account of The Customer for the unexpired portion of such period.
b).   All charges (including moving charges) shall be paid (and any cheques cleared) before the goods are removed from storage.

20.  Revision of storage charges
The Contractor shall be entitled to revise storage charges from time to time. The Contractor will give The Customer at least 28 days notice for an increase in charges, such increase to take effect at the beginning of the next accounting period.

21.  Termination of storage contract
a).   The Customer shall be entitled to terminate the storage contract by giving The Contractor at least 15 working days notice in writing. The notice shall not be effective unless received by The Contractor.
b).   Provided The Customer is not in arrears with the payment of storage charges, The Contractor shall not terminate the storage contract save on a 3 months notice in writing.

22. Handling
The Contractor shall be entitled to make a separate charge for stowing or unstowing the goods and, if The Customer elects to make his own arrangements for delivery or collection to or from our warehouse, for receiving or handling over of the same.

YOU ARE RECOMMENDED TO INSURE THE GOODS AGAINST LOSS OR DAMAGE RISKS DURING REMOVAL AND/OR STORAGE. WE WILL BE PLEASED TO ARRANGE INSURANCE COVER WITH OUR INSURANCE COMPANY AT REASONABLE RATES. COVER IS NOT EFFECTIVE UNTIL THE PREMIUM HAS BEEN PAID TO US. OTHERWISE OUR LIABILITY IS LIMITED AS DETAILED IN CONDITION 12.

A copy of these conditions can be supplied on request In larger print.