TVC House Clearance.
These terms & conditions are designed to ensure there is no confusion about what our service includes and excludes and to ensure safe transit of your goods. If you are unclear about any element, please contact us for clarification. These conditions explain the rights, obligations and responsibilities of all parties to this agreement. By confirming a booking with TVC House Clearance you are agreeing to the following terms and conditions.
Please notify us if you wish to make any changes at the time of booking but before submitting your deposit. These terms & conditions may only be changed with the agreement of both the customer and TVC House Clearance.
- Interpretation 1.1.Any reference in these conditions to “we”, “us” or “our” is a reference to the Remover that is TVC House Clearance.
1.2.Any reference in these conditions to “you” or “your” is a reference to the Customer. 1.3.“Goods” means the Goods being removed, delivered and/or stored.
2.1.Although we quote a fixed price we reserve the right to amend it or make additional charges if any of the following have not been taken into account when preparing the quotation:
2.2.2.If due to any circumstances outside our control the work is not carried out or completed within three months of the quotations date.
2.2.3.Our costs increase as a result of currency fluctuations or changes in taxation or freight charges beyond our control.
2.2.4 .We have to collect or deliver Goods to floors higher than those agreed, in writing, and confirmed to you at the time of booking.
2.2.5.We are asked to supply any additional services.
2.2.6.There are delays outside our reasonable control in which event we will make an additional charge for waiting time calculated in accordance with our standard rates applicable at the time, unless otherwise agreed in writing.
2.2.7 .Access to the collection or delivery point is inadequate or the approach is unsuitable for our vehicles which means this will prevent our vehicles and/or containers to load and/or unload within 5 meters of the unloading point, resulting in extra work.
2.2.8 .Any parking or other fees or charges that we have to incur and pay in order to carry out the services you require.
2.2.9.There is delay in accessing the delivery property meaning we cannot start unloading your Goods until after 4:00 p.m. On the scheduled day of delivery. We may move you into storage and move you back out at the next available date. This would be treated as a second move and charged accordingly.
2.3.You agree to pay any reasonable charges, which will be adjusted accordingly, arising from the above circumstances.
2.4.Our quotation is not a guarantee that we have vehicles available on the day you require. Accordingly, your signed acceptance of our quotation does not constitute a contract between us until you have our written confirmation that we can move your Goods on your required date.
2.5.In the event of a quote being given as an hourly rate, fees are charged starting arrival at the collection address and ending when we complete unloading.
2.6. If we supply free packing materials with your move . If we have limited stock, we reserve the right to subsidise packing materials with other packing materials to an equal or higher value.
- Work excluded from our quotations
3.1.Unless previously agreed in writing we will not:
3.1.1.Dismantle or assemble unit-furniture (flat-pack), fittings or fitments (and in any event these works will not be covered by any insurance provided.)
3.1.2.Disconnect or reconnect appliances, fittings or equipment.
3.1.3. Remove or lay fitted floor coverings.
3.1.4.Take down or re-hang curtains, blinds or other window coverings.
3.1.5.Move night storage heaters unless they are dismantled.
3.1.6.Move or store any items excluded under Clause 4.
3.1.7.Move any item or items which our removal crew reasonably believe they cannot move safely or the removal of which may damage the item or items in question or its or their surroundings.
3.1.8.Dismantle or assemble garden furniture and equipment including, but not limited to: sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or move paving slabs, planters and the like. Our staff are not authorised or qualified to carry out such work. We recommend that a properly qualified person is separately employed by you to carry out these services.
- Goods not to be submitted for removal or storage
4.1.Unless previously agreed in writing by an authorised company representative, the following items are specifically excluded from this contract and will not be removed or stored:
4.1.1. Jewellery, watches, trinkets, precious stones, money, deeds, securities, stamps, coins, or Goods or collections of a similar kind.
4.1.2.Potentially dangerous, damaging, or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
4.1.3. Goods likely to encourage vermin or other pests or to cause infection. 4.1.4. Refrigerated or frozen food or drink.
4.1.5. Any animals and their cages or tanks including pets, birds or fish.
4.1.6. Cars, boats and caravans.
4.1.7. Furs, perfumery, wines, spirits, tobacco, cigars, cigarettes, foodstuffs, perishable Goods or any kind of explosives.
4.1.8.Goods which require special license or government permission for export or import.
4.2.Such Goods will not be moved by us except without prior written agreement. If you submit such Goods without our knowledge and prior written agreement we will not be liable for any loss or damage except when death or injury is caused by our negligence or that of our employees or agents and you will indemnify us against any charges, expenses, damages or penalties claimed against us by third parties. In addition we shall be entitled to dispose of (without notice) any such Goods which are listed under paragraphs 4.1.1, 4.1.2, 4.1.3, 4.1.4 and 4.1.7.
- Customer’s Responsibility
5.1.It will be your responsibility to:
5.1.1.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 9.1.1 and 9.1.2 will be reduced to reflect the proportion that your declared value bears to their actual value.
5.1.2.Arrange adequate insurance cover, unless otherwise agreed in writing, for the Goods submitted for removal transit and/or storage, against all insurable risks as our liability is limited under clauses 9.
5.1.3.Obtain at your own expense, all documents, permits, permissions, licenses, customs documents necessary for the removal to be completed.
5.1.4.Pay for any parking or meter suspension charges incurred by us in carrying out the work.
5.1.5.Be present or represented throughout the collection and delivery of the removal
5.1.6.Where we provide you with inventories, receipts, waybills, job sheets or other relevant documents you will ensure that they are signed by you or your authorised representative as confirmation of collection or delivery of the goods. They will be accepted as accurate unless you write to us within 7 days of the date of our sending to notify us of any errors or omissions.
5.1.7.Take all the necessary steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
5.1.8.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.
5.1.9.Prepare adequately and stabilise all appliances or electronic equipment prior to their removal.
5.1.10.Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
5.1.11.Ensure that all domestic and garden appliances, including but not limited to washing machines, dish washers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them.
5.1.12.Provide us with a correct and up to date contact address and telephone number during the clearance and/or storage of goods.
5.2.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.
5.3.If we provide full packing services and if required by us it is your responsibility to contact us to make arrangements for the return of packing materials within 14 days of your relocation.
- Ownership of the goods: 6.1.By entering into this Agreement you confirm to us that:
6.1.1. The Goods being removed and/or stored are your own property, or the Goods are your property free of any legal charges;
Or 6.1.2. you have the full authority of the owner or anyone having legal interest in them to enter into this Agreement and you have made the owner fully aware of these terms & conditions prior to entering into this Agreement and that they have agreed to them.
6.1.3. If at any time following the implementation of this agreement to its termination another person has or obtains an interest in the Goods you will advise us of their name and address in writing immediately.
6.1.4. You will provide a full indemnity and pay us in respect of any claim for damages and/or costs brought against us id statement made in 6.1.1 or 6.1.2 is untrue.
6.1.5.If you wish to transfer responsibility of this Agreement to a third party you will advise us in writing giving us their full name and address. We will issue a new agreement to them. Our Agreement with you will remain in force until we have received a signed agreement from the third party.
- Charges if you cancel the contract
7.1.If you cancel this contract we may charge according to how much notice you provide prior to the agreed removal date:
7.1.1. If you cancel within 5 working days we have the right to retain our reasonable losses, up to the cost of the move.
7.1.2. If you pay part of the deposit with a credit card, this will protect the payment under section 75 of the Consumer Credit Act. If you do not choose to do so, your payment will not be protected. If you pay £20 or more by credit card, this will protect the entire payment from £100 – £30,000
- Charges if you postpone the removal
1.If you postpone the removal date, additional charges may be incurred if the availability of the new removal date is limited and the hiring of vehicles is required.
- Charges if you postpone or cancel the removal with less than 5 working days notice
- Unless otherwise agreed by us in writing:
10.1.1. For removals and storage taking place within the UK payment is required in full by cleared funds on completion of the removal or storage period. In default of such payment, we reserve the right to refuse to commence or continue with the removal or storage service until such payment is received.
10.1.2. You may not withhold any part of the agreed price.
- Our liability for loss or damage
11.1.We do not know the value of your Goods, therefore our liability for loss or damage is limited, as set out in clause 11.1.1 below if you do not provide us with a declaration for the value of your goods. Alternatively, you may request us to increase our liability, as set out in clause 11.1.2 below:
11.1.1.Unless otherwise agreed in writing if we are negligent or in breach of contract we will pay you up to £40 for each item that is lost or damaged as a direct result of any negligence or breach of contract on our part to cover the cost of repairing or replacing that item.
11.1.2. If you provide us with a declaration for the value of your Goods we could increase our liability in a written agreement based on their value.
- Exclusions from liabilities
12.1.Other than because of our negligence, we will not be liable for any loss, damage or failure to deliver the Goods if it is caused by any of the following circumstances:
12.1.1. War, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, an act of God, industrial action or other such events outside our reasonable control.
12.1.2.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.
12.1.3.Cleaning, repairing or restoring unless we did the work.
12.1.4.Moth or vermin or similar infestation.
12.1.5.Electrical or mechanical derangement to any appliance, instrument or equipment unless there is evidence of external impact.
12.2.Additionally we will not be liable for any loss of or damage to unless otherwise agreed in writing:
12.2.1.Any Goods in wardrobes, drawers, or appliances, or in a package, bundle, case, or other containers not both packed and unpacked by us.
12.2.2.Any breakage of owner-packed property unless the box or container shows signs of external damage.
12.2.3.Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or Goods or collections of a similar kind, unless you have previously given us full information including value, and we have confirmed in writing that we will accept responsibility.
12.2.4.Goods that have a relevant proven defect or are inherently defective.
12.2.5.Animals and their cages or tanks including pets, birds or fish.
12.2.7.Refrigerated or frozen food or drink.
12.3.Any breakage of owner-packed property unless the box or container shows signs of external damage.
12.4.We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
12.4.1.There is no breach of this Agreement by us or by any of our employees or agents.
12.4.2 Such loss or damage is not a reasonably foreseeable result of any such breach.
12.4.3. Ensure all working areas safe and are free of anything that may be dangerous to our staff. We reserve the right to refuse to move your goods if we feel this had not been adhered to. This can include but is not limited too; needles, dead animals, animal infestations, animal waste, explosives, hazardous waste and other toxic Goods.
12.5.1 We will use reasonable care and skill when moving metamorphic rock(s)….but there are multiple factors …that can cause hairline fractures to crack, even when handled safely, and therefore damages may be limited.
- Damage to premises or property other than goods
13.1.Because third-party contractors or others are frequently present at the time of collection or delivery it is not always possible to establish who was responsible for loss or damage. therefore Our liability is limited as follows:
13.1.1.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.
13.1.2.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 is likely to cause damage, we shall not be liable.
13.1.3.If we are responsible for causing damage to your premises or to property other than Goods submitted for removal and/or storage, you must notify as soon us practically possible after the damage occurs or is discovered or in any event within a reasonable time. This is fundamental to the Agreement.
13.2.Any damages to premises must be reported in writing to us within 7 days unless you request a reasonable extension which we agree in writing.
- 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.Unless we give a specifically agreed written timescale then arrival and departure times are an estimate only.
14.3.Transit times may vary due to a number of factors outside our control including but not limited to road delays, changes in sailing or departure dates made by the freight/shipping company, changes in the routes used by the freight/shipping company and port congestion or in completion of a consolidation in the instances of a part-load service.
- Time limit for claims
15.1.If you or your authorised representative collect the Goods, we must be notified in writing of any loss or damage at the time the Goods are handed to you or your agent or as soon as practically possible.
15.2.For Goods which we deliver, you must advise us in writing of any loss and damage within seven days of delivery by us (required by insurers). We may agree to extend this time limit upon receipt of your written request provided such a request is received within 7 days of delivery. Consent to such a request will not be unreasonably withheld.
- Our right to withhold (lien) or dispose of goods 16.1.“Lien” is the legal right of the remover to hold Goods until the customer has paid all outstanding charges.
16.2.1 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. 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. These terms and conditions shall continue to apply.
16.2.2 Disposing with any uncollected or undeliverable goods will comply with Tort (Interference with Goods) Act 1977. The procedure of this legalisation Guidance can be found online.
- Sub-contracting the work
17.1.We reserve the right to sub-contract some or all of the work.
17.2.If we sub-contract, then these conditions will still apply.
- Route and method
18.1.We have the right to choose the method and route by which to carry out the work.
18.2.Unless it has been specifically agreed otherwise in writing in our Quotation, other space/volume/capacity on our vehicles and/or the container may be utilised for consignments of other customers.
- Advice and information
19.1.Advice and information in whatever form it may be given is provided by the company for the customer only. Any oral advice given without special arrangement is provided gratuitously and without any contractual liability.
- Whole agreement
20.1.These Terms and Conditions together with our quotation are intended to form the whole agreement between us and to prevail over any verbal discussions. Should we mutually agree to any variation of these terms such variation should be confirmed in writing with us.
20.2.Any variation however agreed shall never invalidate the remainder of these Terms and Conditions.
22.1.This contract is subject to the laws of England and Wales if our principal place of business is situated in England or Wales or to the laws of Scotland if our principal place of business is situated in Scotland.
We always endeavour to provide the best service and products for our customers. However, on rare occasions, we recognise that there may be times where our customers may not be completely satisfied. To ensure we are able to put things rights as soon as we can, please read our complaints procedure below and we will respond promptly to ensure complete satisfaction. As soon as possible after the completion of the works, please inspect the work to ensure everything has been carried out to our usual high standards. In the unlikely event there is anything you are not completely satisfied with, please contact us as soon as you can in order that we can rectify any problems as soon as possible. Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact us on 0117 456 6031 or via their website http://www.disputeresolutionombudsman.org/which-trusted-traders-partnership/