Below in Clause 1, we describe services that are not included in Our quotation and additional charges that can apply. In Clauses 8, 9, 10, and 11 We limit or exclude Our liability for loss and damage. We recommend You arrange insurance to cover Your goods or premises. The insurance can be arranged for Your benefit upon request.  This insurance will be separate from this contract and subject to the terms and conditions of the policy.

1. Quotations

1.1. The Quotation price given is for carrying out the removal service as stated and does not include unless otherwise stated in writing, insurance and any of the following:

1.1.2. Taking up or laying floor coverings

1.1.3. Disconnecting or reconnecting appliances and fixtures

1.1.4. Parking fees

1.1.5. Custom duties, port charges, or other fees payable to government bodies or agencies.

1.2. Unless already agreed, extra charges may also be applied if;

1.2.1. The work is carried out on a Saturday, Sunday, Public Holiday, or outside the hours of 07:00 – 18:00 at your request.

1.2.2. The work does not commence within 1 month of the acceptance.

1.2.3. We are required to move goods at your request, above the ground floor or the first upper floor.

1.2.4. We supply, at your request any additional services, including moving extra goods or increasing our liability as described in Clause 8.

1.2.5. You request collection or access to your goods while in storage.

1.2.6. Restrictions to access prevent the free movement of goods without mechanical equipment or alterations.

1.2.7. Restrictions to access prevent the unloading/loading of goods within 20 meters of the doorway.

1.2.8. There are delays or events outside our reasonable control that increase the resources and/or time required to carry out the work.

1.3. Any additional work such as moving goods into and out of storage on separate days is charged at the standard hourly rates as independent jobs unless specified in the written quotation.

1.4. For fixed quotations, we reserve the right to charge additional half-hourly increments. If there are additional items on the day of the move that were not shown during the survey, Denix Moving And Storages Solutions LTD has the right to charge an additional fee based on their volume, size, weight, and other factors.

2. Excluded Goods

2.1. The following items must not be submitted for removal or storage and will not be moved by us.

2.1.1. Stolen goods, drugs, highly flammable or explosive materials/items, (including petrol, gas bottles, aerosols, paints, and ammunition).

2.1.2. Jewellery, precious metals or stones, money, bonds, deeds, securities, coins, stamps or goods, or collections of a similar kind, (unless agreed in writing).

2.1.3. Goods that can encourage vermin or cause infestation or contamination.

2.1.4. Goods that are hazardous to health.

2.1.5. Perishable goods and goods requiring a controlled environment.

2.1.6. Animals or plants.

2.1.7. Goods that are prohibited by law or require special licenses or permits for import or export.

2.2. If such goods are submitted without our knowledge, we will make them available for you to collect. If they are not collected within a reasonable time, we will apply for an appropriate court order to dispose of the goods, at your expense.

2.3. We accept no liability for loss or damage to excluded goods, as detailed in Clause 2 unless we have been negligent or are in breach of contract.

3. Your Responsibility

3.1. 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.

3.2. You agree that we will not be liable for any loss or damage resulting directly from your failure to discharge your responsibilities.

3.3. You agree to advise us in writing of the value of the goods to be removed and/or stored.

3.4. It is your responsibility to pay any parking charges incurred by us in carrying out the work and to obtain and pay for all documents, permits, and licenses required for the work to be completed.

3.5. You agree to prepare all appliances for removal, including defrosting and emptying refrigerators and freezers, emptying all fluids from appliances and equipment, (including hoses, washing machines, dishwashers, etc), and ensuring there is no residual fuel in the petrol-driven garden, (or other) equipment.

3.6. You or your representative must be present throughout the collection and delivery of the removal.

3.7. You must ensure that all inventories, job sheets, receipts, and other necessary documents are signed by you or your representative.

3.8. You are responsible for ensuring that nothing that should be removed is left behind and nothing is taken away in error.

3.9. You are responsible for the protection of goods left unattended or where workmen, other tenants, (or any other third parties) may be present.

3.10. You agree to provide us with an up-to-date contact address and telephone number for the duration of your removal and/or storage.

3.11. Where we provide a list of goods or a receipt and send it to you, it is your responsibility to notify us of any inaccuracy within 10 working days. If no such notification is received by us, the list of goods is deemed to be accepted by you as accurate.

4. Our Responsibilities

4.1. For the purposes of this document, “undamaged” means in the same condition as before our work commenced.

4.2. It is our responsibility to deliver your goods to you or produce them for collection, undamaged.

4.3. If we fail to deliver your goods undamaged, we will compensate you according to Clause 8.

4.4. We will not be liable to compensate you unless we have been negligent or are in breach of contract.

4.5. It is our responsibility to provide the staff, vehicle(s), and equipment that are fit for the purpose of carrying out the work as agreed.

5. Ownership of Goods

5.1. You agree that the goods to be removed and/or stored are your property or you have the full authority of the owner to enter this agreement.

5.2. If the ownership of the goods changes while this agreement is in place, you agree to notify us in writing immediately.

6. Postponement or Cancellation

6.1. We reserve the right to charge a postponement or cancellation fee according to how much notice is given. As follows;

6.1.1. More than 10 days before the work 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. Within 24 hours of the move taking place; not more than 75% of the removal

6.1.5. On the day the work starts or at any time after the work commences up to 100% of Our charges.

6.2. If we cancel your move, you will be refunded in full.

7. Payment Terms & Revision of Storage Charges

7.1. Payment is required in full by clearing funds in advance of the removal and storage services. You may not withhold any part of the agreed price.

7.2. We reserve the right to refuse to commence work until full payment has been received.

7.3 With respect to all sums that 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 or £25 plus VAT whichever is greater. The interest is calculated from the date when payment becomes due up to and including the date of actual payment including all accrued interest, whether before or after judgment, and whether or not we exercise the right of sale under this Agreement.

7.4 If we instruct a debt collection agency to collect any debt from you, you agree to pay an additional administration charge of £25 plus VAT in respect of our additional administration charges and also to reimburse us for any fees charged to us by the agency. You agree to pay an additional administration charge of £25 plus VAT in respect of each additional administrative step we take arising out of your failure to pay money when due, e.g. for each correspondence requesting payment or where a cheque must be represented.

8. Damage liability

8.1 Unless otherwise agreed in writing if we are negligent or in breach of contract we will pay you up to £40 for each item which is lost or damaged as a direct result of any negligence or breach of contract on our part or, at our discretion, we will pay for repairing or replacing the item. This will apply even if the item is part of a pair or set and may have a special value.

8.2 For the purposes of this agreement an item is defined as:
i. The entire contents of a box, parcel, package, carton, or similar container; and
ii. Any other object or thing that is moved, handled, or stored by us.

8.3 If the goods sustain damage by reason of defective or inadequate packing or unpacking, and the packing or unpacking (as the case may be) was not undertaken by us, we will not be liable.

8.4 We will not be liable for any claim in the event that you dispose of and/or replace the item/s before we have had the opportunity to assess the damage.

8.5 Liability is only accepted for loss or damage when the goods are:
8.5.1 in our possession and negligence can be proven; or
8.5.2 in the possession of others and if the loss or damage is proven to have been as a direct result of our failure to pack the goods to a
suitable standard (where we have been contracted to.)

8.6 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.

 

9. Damage to property other than goods

9.1. Because third-party contractors or others are frequently present at the time of collection or delivery, it is not always possible to prove culpability for loss or damage. Therefore, our limit of liability is as below:
9.2. If we cause the loss or damage as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.
9.3. 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 was likely to cause damage, we shall not be liable.
9.4. If we are responsible for causing damage, you must note this on the job sheet or delivery receipt as soon as it occurs and, in any event, before we leave the premises. This is fundamental to the agreement.

10. Notification of loss and damage

10.1. For goods that we deliver, you must give us detailed notice in writing of any loss and damage within seven days of delivery by us.

10.2. With regards to misplaced items, or ascertaining the proximate cause of damage, we would request that we are notified within seven working days when the events are more easily investigated.

10.3. In any claim for loss or damage under this clause 9, any estimate of the value of the goods that you have provided to us, whether for the purposes of insurance or otherwise, will be evidence that the total value of the goods did not exceed that estimate at the time of loss or damage.

10.4. When the collection is made from our premises, it is imperative that you or your authorized person/s inspect your goods thoroughly before departure and note any loss or damage on the collection paperwork at the time. We will be unable to consider claims retrospectively once the goods have left our premises.

10.5. The time limits contained in 9.1 9.2 and 9.4 are essential.

11. Exclusions of Liability

11.1. We will not be liable for loss, damage, delays, or failure to provide the service under this agreement as a result of war, hostilities, civil war, terrorism, rebellion or any similar hostile activities, adverse weather, third-party industrial action, rescheduled sailing, departure or arrival times, port congestion or other such events outside our reasonable control.

11.2. We will not be liable for damage caused by natural deterioration, leakage, or evaporation, perishable or unstable goods, (such as those left inside appliances) vermin, insects, or similar infestation unless we have been negligent or in breach of contract.

11.3. We will not be liable for loss of or damage to china, glassware, and fragile items unless they have been both professionally packed and unpacked by Us.

11.4. Unless we arrange for the work to be carried out, we will not be liable for damage due to cleaning, repairing, or restoration.

11.5. Unless caused by ingress of water due to our negligence, we will not be liable for damage caused by changes in atmospheric conditions, such as rust and mold.

11.6. No employee of ours shall be separately liable to you for any loss or damage under this agreement.

11.7. Our liability will cease upon handing over the goods or upon completion of delivery.

12. Limitation for Claims

You must note any visible loss, damage, or failure to produce any goods at the time of delivery and the Denix Moving And Storages Solutions LTD office must be informed on the day of the move. A detailed inventory of damaged goods must be provided to us within 7 days of the job being completed. We will not accept claims outside of this period.

We accept no responsibility for loss or damage to property after a job is complete, and the job sheet is signed. The company cannot accept responsibility for any accidental damages caused by our movers if the customer has an unpaid balance owed to Denix Moving And Storages Solutions LTD.

The customer accepts and understands that poor service, breakage, or damage must be reported straight after completion of the job. Failure to do so will invalidate the claim. Items excluded from liability are cash, jewellery, and items of sentimental value.

13. Route, Method, and Delays in Transit

13.1. We will not be liable for delays in transit unless we breach a contract or have been negligent.

13.2. If through no fault of ours, we are unable to deliver your goods, we will take them into storage, and additional services, (storage and delivery) will be at your expense.

13.3. We have the right to choose the route.

13.4. Unless agreed otherwise in writing, we have the right to utilize other space in the vehicle for other customers’ consignments.

13.5. We have the right to subcontract some or all of the work. These conditions will still apply.

14. Our right to sub-contract the work

14.1. We reserve the right to sub-contract some or all of the work.

14.2. If We sub-contract, then these conditions will still apply.

15. Our Right to Hold the Goods (lien)

15.1. “Lien” is the legal right of the remover to hold goods until the customer has paid all outstanding charges.

15.2. 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. These include any charges that We have paid out on Your behalf.

15.3. 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.

15.4. These terms and conditions shall continue to apply.

16. Revision of storage charges

We review our storage charges periodically. You will be given 30 days’ notice in writing of any increases.

17. Our right to Sell or dispose of the Goods

17.1. 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.

17.2. If You fail to pay all outstanding amounts due to Us, We may sell and pass all ownership of some or all of the goods or dispose of them without further notice.

17.3. We will sell the goods by the best method(s) reasonably available to achieve the best selling price reasonably obtainable in the open market, taking into account the costs of the sale.

17.4. If the goods cannot reasonably and economically be sold (for any reason whatsoever), or they remain unsold despite our efforts, You authorise us to treat them as abandoned by You and to destroy or otherwise dispose of them at Your cost.

17.5. The cost of the sale or disposal will be charged to You. The net proceeds of the sale 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, You must pay any balance outstanding to Us within seven (7) days of a written demand from us. Interest will continue to accrue on the balance outstanding.

18. Termination

18.1 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 to the date when the notice should have taken effect. Whilst we will use reasonable endeavors to arrange the release of your goods on the dates you require, specific dates cannot be guaranteed.

18.2 If You choose someone else to collect the goods from Our storage, we are entitled to require proper identification and authority from You and to make reasonable additional administrative charges for arranging their handing over. Our responsibility for such goods will cease upon their being handed over to your chosen representative.