KAB REMOVALS

Terms and Conditions

These conditions explain the rights, obligations, and responsibilities of all parties to the removal agreement.

Where we use the word 'you' or 'your' it means the customer: 'we', 'us' or 'ou' means the Remover. These terms and conditions can be varied or amended subject to prior written agreement. Your attention is drawn to clauses 4, 8, 9, 10, and 11 which set out our liability to you for the loss of or damage to goods and property.

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. It does include us accepting liability for your goods, subject to clauses 2.2, 3.2, 5.2, and the provisions of clauses 4, 8, 9, 10, and 11.

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 the work is not carried out or completed within three months.
1.2.2 Our cost change because of currency fluctuations or changes in taxation beyond our control
1.2.3 We collect or deliver at your request above the ground floor and first upper floor.
1.2.4 We supply any additional services, including moving extra goods ( these conditions apply to such work).
1.2.5 The stairs, 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 to load or unload within 20 meters of the doorway.
1.2.6 We have to pay parking or other fees or charges in order to carry out services on your behalf .
1.2.7 There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work.
1.2.8 We agree in writing to increase our limit of liability set out in clause 8.1.1.
1.2.9 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 fitted 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 4.

2.2 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.

3. Your responsibility

3.1 It will be your sole responsibility to:

3.1.1 Declare to us, in writing, the value of the goods being removed. If it is subsequently established that the value of the goods removed is greater than the actual value you declare, you agree that our liability under clause 8.1 will be reduced to reflect the proportion that you declared value bears to their actual value.
3.1.2 Obtain at your own expense, all documents, permits, permissions for the removal to be completed.
3.1.3 Be present or represented during the collection and delivery of the removal.
3.1.4 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
3.1.5 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.
3.1.6 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
3.1.7 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
3.1.8 Provide us with a contact address for correspondence during removal transit.

3.2 Other than by reason of our negligence or breach of contract, we will not be liable for any loss or damage, cost 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.

4.2 In the event that we have undertaken to pack the goods, or otherwise make them ready for transportation. It is our responsibility to deliver them to you undamaged. Again by “undamaged” we mean in the same condition as they were immediately prior to being packed/made ready for transportation.

4.3 If we fail to discharge the responsibilities identified in clause 4.1 and 4.2, we will, subject to the provisions of clauses 7, 8, and 10, be liable under this agreement to compensate you for such failure.

4.4 We will not be liable to compensate you where clause 2.2, 3.2, and 5.2, 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 your goods, or if you do not require us to accept standard liability pursuant to clause 8.1 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 on our part.

4.6 The amount of our liability under this clause shall be determined in accordance with clause 8 and 10.

5. Goods not to be submitted for removal

5.1 Unless previously agreed in writing by the director or other authorised company representative, the following items must not be submitted for removal, and under no circumstances be moved.. 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 transport.

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 Plants 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 license.

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 breech of contract, in which case all these conditions will apply.

6. Ownership of the goods

6.1 By entering into this agreement, you guarantee that:

6.1.1 The goods to be removed 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 damages and/or cost brought against us if either warranty 6.1.1 or 6.1.2 is not true

7. Payment.

7.1 Unless otherwise agreed by us in writing:

7.1.1 Payment is required before or on the day of commencement of the work.
7.1.2 You may not withhold any part of the agreed price.
7.1.3 In respect of all sums which are overdue to us, we will charge on a daily basis calculated at 4% per annum above the prevailing base rate for the time being of the bank of England.

8. Determination of amount of our liability for loss or damage

8.1 Standard liability.

8.1.1 If you provide us with a declaration of the value of your goods and subject to clause 3.1.1, the amount of our liability to you in the event of lose or damage to those goods in breach of clause 4 will determined in accordance with clause 8.1.2, 8.1.3 and 10 below, subject to a maximum liability of £15,000. We may agree to accept liability for a higher amount, in which case we may make an additional charge.
8.1.2 In the event of lose of or damage to your goods in breach of clause 4, our liability to you is to be assessed as a sum equivalent to the cost of their repair or replacement whichever is the smaller sum, taking into account the age and condition of the goods immediately prior to their loss or damage, and subject to the maximum liability of £15,000 referred to in clause 8.1.1(unless we have agreed the higher amount with you).
8.1.3 Where the lost or damaged item is part of a pair or set, our liability to you, where it is assessed as the cost of replacement of that item, is to be assessed as a sum equivalent to the cost of that item, in isolation, not the cost of that item as part of a pair or set.

8.2 Limited liability.

8.2.1 If you do not provide us with a declaration of value, or if you do not require us to accept standard liability pursuant to clause 8.1, then our liability to you is to be determined in accordance with clauses 8.1.3, 8.2.2 and 9.
8.2.2 In the event of lose of 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 their repair or replacement, taking into account their age and condition immediately prior to their loss or damage, subject to a maximum liability of £40 per item. Your attention is drawn to clause 10.1 which applies to limited liability.

9. Damage to premises or property other than goods

9.1 Because third party contractors are frequently present at the time of collection or delivery our liability for loss or damage is limited as follows:

9.1.1 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 damage area only.
9.1.2 If we cause damage as a result of moving goods under your express instructions, against our advice, and where to move the goods in the manner instructed is likely to cause damage, we shall not be liable.

10. Exclusions of liability

10.1 In respect of limited liability, we will not be liable for the lose of or damage to your goods as a result of fire or explosion howsoever that fire or explosion was caused, unless we have been negligent or in breach of contract.

10.2 In respect of standard liability and limited liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the following goods:

10.2.1 Bonds, securities, stamps of all kinds, manuscripts or other Documents or electronically held data records, mobile telephones.
10.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
10.2.3 Perishable items and/or those requiring a controlled environment.
10.2.4 Furs exceeding £100 in value, jewellery, watches, precious stones and metals, money, coins, deeds.
10.2.5 Any animals, birds or fish.

10.3 In respect of standard liability and limited liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to, or failure to produce the goods if caused by any of the following circumstances:

10.3.1 By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, act of god, industrial action or other such events outside our reasonable control.
10.3.2 Loss or damage arising from radiations or radioactive contamination.
10.3.3 Loss or damage arising from chemical, biological, bio-chemical, electromagnetic weapons and cyber attack.
10.3.4 Indirect or consequential loss of any kind or description
10.3.5 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.
10.3.6 By vermin, moth, insects and similar infestation, damp, mould, mildew or rust.
10.3.7 By cleaning, repairing or restoring unless we arranged for the work to be carried out.
10.3.8 By change to atmospheric or climatic conditions.
10.3.9 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.
10.3.10 Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by us or our 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 £100 or its actual value whichever is less.
10.3.11 For electrical or mechanical derangement to any appliance, instruments, clock, computer or other equipment unless there is evidence of related external damage.
10.3.12 Loss or damage of motor vehicles caused by scratching, denting and marring unless you obtain from us a pre collection condition report.
10.3.13 Loss or damage to a vehicle whilst being driven or for the purpose of being driven under its own power other than 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 with the vehicle.
10.3.14 For any goods which have a pre-existing defect or are inherently defective.

10.4 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.

10.5 Our liability will cease upon handing over goods upon completion of delivery ( see clause 11.2)

11. Time limit for claims

11.1 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.

11.2 Notwithstanding clauses 7, 8 and 9 we will not be liable for any lose of or damage to the goods unless a claim is notified to us, or to our agent or the company carrying out the 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.

11.3 The time limit for notifying us of your claim may be extended upon receipt of your written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld.

12. Delays in transit

12.1 Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit.

13. Our rights to sub-contract the work

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

13.2 If we sub-contract, then these conditions still apply

Appendix

By ordering KAB Removals' service by telephone, e-mail, fax or KAB Removals website the customer agrees to be bound by Bose Transports' terms and conditions.

The relevant United Kingdom law shall govern these terms and conditions, and by agreeing to be bound by them the customer agrees to submit to the exclusive jurisdiction of the relevant courts of the United Kingdom.

KAB Removals reserves the right to make any changes to any part of these terms and conditions without giving any prior notice. Please check this website for updates.