Company and Legal Information
CASTLES, SMOOTHING THE MOVING and the castle logo are trademarks™ of Castle Ltd. Castle Ltd is a limited liability company incorporated in England and Wales (Registration No. 5471074) whose registered address is 31 St Georges Place, Canterbury, CT1 1XD. UK
Terms of business: Unless written agreement to the contrary is provided, instruction given to Castle Ltd is deemed to constitute an acceptance of our standard Terms and Conditions of Business which are available on request [contact]
Copyright©: All material contained on this website is protected by copyright as of the date of creation. Clients and members of the public are welcome to download a copy of any material on this site for personal use only. Material may be copied for wider use within organisations provided that the source is clearly attributed to Castle Ltd.
Disclaimer: The information contained on this website is provided for the general interest of clients and members of the public. No responsibility or liability is accepted as a result of reliance upon any information contained on this website.
Castles is a trading name of Castle Ltd. Directors: I P Varrall and R C Varrall. Company No; 5471074
Office and Warehouse address:
Deal Business Park, Southwall Road, Deal, Kent CT14 9PZ
Registered Address:
Deal Business Park, Southwall Road, Deal, Kent. CT14 9PZ
VAT No. 973 0092 24
SUMMARY OF INSURANCE COVER
If you purchase the insurance arranged by us on your behalf for loss of or damage to your effects the insurance conditions set out below will apply. Please note that irrespective of whether or not you purchase this insurance our liability for loss of or damage to your effects is limited by our trading conditions which form part of our contract with you.
SUBJECT TO YOU GIVING US INSTRUCTIONS TO INSURE, we can arrange on your behalf insurance to cover physical loss or damage to your property within our “Open Cover” insurance arrangements as summarised below. You may inspect the policy at our office on request
INSURER
HDI-Gerling Verzekeringen N.V. and others via Aon Risk Solutions Rotterdam
TOTAL SUM INSURED
As declared to us on the acceptance form. Unless confirmed in writing by us prior to the move the sum insured shall not exceed:
Household Removals & Storage: £100,000 any one customer
Office/Commercial Removals: £100,000 any one vehicle load
The sum insured can be increased on payment of an additional premium up to a maximum of £250,000 any one customer or vehicle load.
INSURED PERILS
All Risks of physical loss or damage in transit or store anywhere in the United Kingdom, Northern Ireland, The Channel Islands, The Isle of Man, member States of the European Union, Scandinavia & Switzerland.
For Self Storage cover is restricted to fire, lightning, explosion, earthquake, storm, flood, escape of water or other liquid substance, moth, insect or vermin from an external cause, theft accompanied by forcible and violent entry or exit, riot, strike, civil commotion, malicious damage, impact by vehicles of any kind.
UNDER-INSURANCE
It is a condition of the insurance that the sum insured represents the full total value of your effects. If you fail to declare the full replacement value of your effects, in the event of a claim you will only be entitled to recover from Insurers the proportion of the loss as the declared value bears to the total replacement value of your property.
BASIS OF CLAIMS SETTLEMENT
The settlement of any claim shall be by replacement, repair and/or compensation, taking into consideration at underwriters option the age, quality, degree of use and consequent market value. This policy is not “new for old”.
Documents
Where any claim includes loss of or damage to documents the basis of settlement shall relate to the reasonable costs of reprinting and/or reasonable costs of reissue and/or reconstitution including, where applicable, fresh research or exploration to obtain essential information.
POLICY EXCESS
Insurers will not pay the first £50 of each customer’s claim.
PAIRS & SETS CLAUSE
Where any items are part of a pair or set Insurers shall only pay for the actual items which are lost or damaged. No payment will be made by Insurers for any items which are part of a pair or of a set and which are not lost or damaged.
MISREPRESENTATION
It is your responsibility to take reasonable care not to make misrepresentations to insurers. This requirement includes (but is not limited to) a requirement to disclose to us if you are unable to comply with any term of this document and/or any term in our trading conditions. This insurance may be voidable in the event of your deliberate or reckless or careless misrepresentation that, without the misrepresentation, the insurer would not have entered into the contract at all or would have done so only with different terms.
TIME LIMIT FOR CLAIMS NOTIFICATION
All claims must be notified to the remover whether unpacked or not within 7 days of delivery of the property or in the case of non-delivery 7 days from when the property would normally be delivered unless a time extension is requested by you and agreed by us in writing.
If your goods become lost or damaged and you wish to make an insurance claim please notify us in writing.
CUSTOMER SERVICE
If you feel we have not offered you a first class service please write and tell us and we will do our best to resolve the problem.
You may alternatively, if preferred, contact the Insurance Administrator: Reason Global Insurance. 4th Floor, Lyndean House, 43-46 Queens Road, Brighton, BN1 3XB.
In the event you wish to pursue matters further you may be able to refer the matter to the Financial Ombudsman Service. The Financial Ombudsman Service can normally deal with complaints from private individuals and from small businesses with an annual turnover of less than £1 million (for a group of companies, this means a group annual turnover of less than £1 million). The Financial Ombudsman Service can also help with complaints from charities with an annual income of less than £1 million; and from trusts with a net asset value of less than £1 million. The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR Helpline: 0845 080 1800 Switchboard: 020 7964 1000 Website: www.financial-ombudsman.org.uk
Financial Services Compensation Scheme
HDI-Gerling Verzekeringen N.V. is covered by the Financial Services Authority’ Compensation Scheme (FSCS). You may be entitled to compensation from the Scheme if they are unable to meet their obligations. This depends on the type of business and the circumstances of the claim. Further information about compensation scheme arrangements is available from the FSCS.
Financial Services Compensation Scheme, 7th Floor Lloyd’s Chambers, Portsoken Street, London, E1 8BN United Kingdom
Tel: 020 7892 7300
Fax: 020 7892 7301
E-mail: enquiries@fscs.org.uk
EXCLUSIONS
No cover is provided for the following
(1) Jewelry, Watches, Precious Stones, Money, Coins, Bullion, Deeds, Bonds, Securities and Stamps of all kinds except whilst in store in a locked safe or strong room.
(2) Furs, perfumery, tobacco, cigars, cigarettes, wines, mobile phones and spirits. It is agreed, however, that cover will be provided for these items where they are part of a household or office removal or storage contract subject to a limit of £10,000 any one customer, any one job.
(3) Livestock, Explosives, Flammables
(4) Any other goods which you are not permitted to submit for removal and/or storage under the terms of our trading conditions.
(5) Loss or damage caused by wear, tear, gradual deterioration (including the deterioration of contents of deep freeze units), inherent vice or latent defect.
(6) Loss or damage caused by moth, insect or vermin unless from an external cause.
(7) Loss or damage caused by leakage of liquid from a receptacle or container unless packed by the Remover.
(8) Mechanical or electrical damage or derangement of any mechanical or electrical goods unless reasonably attributable to physical damage to such items from an external cause, or following fire, flood, collision or overturning of road vehicles or other conveyances.
(9) Loss of data records other than cost of blank data carrying materials.
(10) Any consequence of War, Invasion, Act of Foreign Enemy Hostilities (whether War be declared or not), Civil War, Rebellion, Revolution, Insurrection or Military or Usurped Power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority. This exclusion shall not apply to overseas removals whilst the Customers’ property is waterborne.
(11) Loss or damage in respect of goods in storage caused by or resulting from Acts of Terrorism or any person(s) acting from a political motive. This exclusion shall not apply to storage in the ordinary course of transit as more fully set out in the Termination of Transit Clause (Terrorism).
(12) Ensuing or indirect losses resulting from or as a consequence of claims made for loss or damage arising from an Insured Peril
(13) Loss or damage or liability or expense directly or indirectly caused by or contributed to, by, or arising from:-
Ionising radiations from or contamination by radioactivity from any nuclear fuel or from any nuclear waste or from the combustion of nuclear fuel.
The radioactive, toxic, explosive or other hazardous or contaminating properties of any nuclear installation, reactor or nuclear assembly or nuclear component thereof.
Any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.
The radioactive, toxic, explosive or other hazardous or contaminating properties of any radioactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used for commercial, agricultural, medical, scientific or other similar peaceful purposes.
(14) Loss or damage or expense directly, or indirectly, caused by or contributed to, by or arising from:-
Any chemical, biological or electromagnetic weapon.
The use or operation, as a means for inflicting harm, of any computer, computer system, computer software program, computer virus or process or other electronic system.
(15) Loss, destruction or damage directly occasioned by pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds.
(16) If at the time of loss there is other insurance in force this insurance shall only respond to the extent that losses are not recoverable under the other insurance.
TERMS AND CONDITIONS
These terms and conditions form the basis of the contract between us, [name of removal/storage contractor or alternatively a reference to the removal contractor named on the quotation] and you the customer. It defines and sets out the rights, obligations, and responsibilities of both you and us under this contract. It is a legally binding contract and so it is important that both parties know where they stand. It does include provisions that limit our responsibilities and potential liability to you. We specifically draw your attention to these.
Where we use the word “you” or “your” it means the customer; “we”, “us” or “our” means us as named above. Where we use the word “goods” this refers to the items that are to be subject to the removal or storage, pursuant to this contract. It is important that you read and understand the terms and conditions that will apply to this contract before signing. If there is anything that you do not understand or do not wish to agree to, then please discuss it with us before signing and returning the quotation. Only enter into this contract if you wish to be bound by the terms and conditions set out below. You accept and acknowledge that these terms and conditions include serious restrictions of
our potential liability to you. We recommend you arrange insurance to cover your goods. We are able to arrange such insurance upon request. This insurance will form a separate Agreement between you and the Insurers and separate conditions will apply. Please refer to clauses 37-50 which detail the
limit of our Liability for loss or damage.
OWNERSHIP OF THE GOODS – IMPORTANT NOTE
You hereby agree and confirm that you are either:
(a) the owner of the goods; &/or
(b) are duly authorised by the owner or owners of the goods to enter into this contract on
these terms for and on behalf of the owner(s).
7. You shall be responsible for any losses, expenses, or other costs incurred by us which arecaused by:
(a) an untrue statement made deliberately by you; &/or
(b) the statement at clause 6 not being true.
GOODS THAT WE WILL NOT ACCEPT FOR REMOVAL OR STORAGE
8. We will happily remove and store most items that you may wish to submit for removal or storage. However, we are subject to clauses 9-11 below, unable in the normal course of business to accept any of the following types of items:
(a) Any living thing, including any animals, birds, fish, reptiles and plants;
(b) Any goods that are likely to encourage vermin or other pests or to cause infestation;
(c) Any goods that require a special licence;
(d) Any goods that require government permission to import or export;
(e) Any food &/or drink that is, or needs to be, refrigerated or frozen;
(f ) Any drugs;
(g) Any stolen or prohibited or illegal goods;
(h) Any goods that are potentially dangerous, explosive or otherwise liable to cause damage. This includes but is not limited to firearms, ammunition, paints, aerosols and gas bottles and canisters;
(i) Any jewellery, including trinkets and watches, and precious stones or metals or items made from precious metals or including precious stones;
(j) Any money, securities, financial or legal documents, including but not limited to share certificates and leases;
(k) Any collections of stamps, coins or other similar collectable items.
9. If you intend to submit any such items for removal or storage you must declare this to us in advance of the removal or storage being undertaken. In such circumstances we shall not be obliged to remove or store the items in question unless we have confirmed in writing that we are willing to do so. If we do agree to remove or store the items in question we shall be entitled to charge extra in respect of the same. If you are not happy with the extra
charge levied then you shall be entitled to terminate this contract, before the removal or storage commences.
10. If we do agree to accept such items for removal or storage then we shall not be liable for any loss or damage that occurs due to the special nature or sensitivities of the goods involved. Other than this exclusion we remain liable for other losses as we would under the balance of this contract.
11. If such items are removed or stored by us without our knowledge and written agreement to do so then we shall not be liable for any loss or damage to those items whatsoever including but not limited to that occurring due to the special nature or sensitivities of the goods involved. Furthermore in such circumstances you shall be responsible for any losses, expenses, or other costs incurred by us which are caused by the special nature of the items in
question, such as but not limited to clean up costs and damage to other goods.
WHAT WE WILL DO
12. We shall:
(a) pack the goods, if requested and have agreed to do so;
(b) remove them at the agreed time and date and deliver to the delivery address;
(c) unpack them, if requested and have agreed to do so;
(d) store them, if the contract provides for them to be stored.
We shall at all times care for the goods whilst they are in our custody and control showing all reasonable care in the circumstances. We furthermore will endeavour to act and undertake our obligations at all times in a professional manner.
13. We shall only remove or deliver items into a loft, or similar space, if it is safe, which shall include but shall not be limited to being adequately lit and floored, and the access to it being safe.
WHAT WE WILL NOT DO
14. There are certain things that we do not do and which are not covered under this contract.
They are:
(a) dismantling or assembling flat pack furniture, or a property’s fitments or fittings;
(b) disconnecting or reconnecting any equipment or appliances;
securing or preparing for transit, as necessary, equipment or appliances, such as but not limited to securing washing machine drums; taking up or laying fitted floor coverings of any kind; removing storage heaters unless they are already disconnected and adequately dismantled.
15. Our staff are not authorised or qualified to carry out such work. We recommend that a proper qualified person be separately employed by you to carry out these services.
OUR QUOTATION
16. The quotation provided is for a fixed price for the work presented. It is based on our contracting to remove &/or store the goods subject to these terms and conditions.
17. The quotation will remain open for a period of 28 days from the date of the quotation. After then it shall be treated as having been automatically withdrawn.
18. The contract will be formed when you sign, where indicated, and return the quotation to us and it is received by us. This will form a legally binding contract between you and us. That contract will be subject to these terms and conditions. You should only sign and return the quotation if you are happy with the quotation and these contract terms and conditions and wish to enter into a legally binding contract on these terms and conditions.
19. If you make any amendment to the quotation when returning it to us then this will not act as an acceptance of the quotation. However if we decide to go ahead with the removal or storage, subject to the amendment then it will still be subject to a contract on these terms and conditions. However where you seek to amend the quotation we shall also be able to reject the alterations and not undertake the work for you, or to re-quote for it subject to your proposed amendments.
20. For the avoidance of doubt the following matters or circumstances have not, unless otherwise agreed, been taken into account or included in the quotation:
(a) Removal not commencing, other than because of our breach, within 3 months of acceptance of the quotation;
(b) The work being undertaken on a weekend or public holiday;
(c) Collection or delivery other than to the ground or first floor of a property;
(d) Removal or storage of extra goods that have not been shown or made known to us;
(e) Provision of extra services;
(f ) Removal or storage of any goods mentioned at clause 8;
(g) Any costs, charges or fees that are incurred, including parking fees and permits, in undertaking any removal;
(h) The properties involved not having proper &/or adequate access. This includes but is not limited to, not being able to park within 20 metres of the door to the property, the access being unsuitable for our vehicles or the property being inadequate for the free and easy movement of the goods into and within the property;
(i) Changes to our costs due to changes in currency values, taxation or freight charges which
are beyond our reasonable control.
(j) Delays occurring for reasons that are outside our reasonable control
21. If the removal or storage does include any of the matters set out at clause 20 and the quotation was not adjusted to take these into account then you will pay to us the extra costs and expenses incurred because of the effect of those matters.
22. The quotation shall not unless specified include a charge for arranging or otherwise
procuring insurance over the goods themselves during the removal or storage.
YOUR RESPONSIBILITY
23. Whilst we have many responsibilities under this contract there are some matters that you must be responsible for. These are:
(a) Being present, either yourself or through a representative, throughout the collection and delivery of the goods;
(b) Checking that all the goods are both collected and delivered;
(c) Checking that nothing is collected and/or delivered in error;
(d) Obtaining all necessary permits, licences, customs documents etc that are necessary for the removal to take place;
(e) Preparing the property and goods for the removal, including but not limited to
disconnecting all relevant appliances and electronic equipment and emptying and defrosting any fridges and freezers;
(f ) Arranging proper security and protection for any goods that will be left in premises which will be unattended or to which third parties may have access either prior to collection or following delivery.
24. You must, before the commencement of the removal, provide us with a contact address and contact details which we can use if we need to contact you during the removal &/or storage of the goods. If these details change you must inform us. If we contact you in writing using the details you have provided we will be entitled to assume that you have duly
received any communication from us.
25. You shall be responsible for any losses, expenses or other costs incurred by us arising from your failure to attend to any of the matters set out in these clauses unless that loss was in fact caused by our negligence.
POSTPONEMENT AND CANCELLATION
26. By agreeing to undertake the removal or storage we incur costs in preparing for
it and also lose the opportunity to undertake further work that would use the same
resources. Because of this we may suffer loss if you cancel this contract or postpone its
performance. The amount we will potentially lose will depend on when the cancellation &/or postponement occurs.
27. If you cancel or postpone more than 14 days before the removal date then there shall be no charge payable by you.
28. If you cancel or postpone less than 14 days but more than 8 days before the removal date then you shall pay to us a charge equivalent of 30% of the agreed removal charge.
29. If you cancel or postpone 8 days or less before the removal date then you shall pay to us a charge equivalent of 60% of the agreed removal charge.
PAYMENT OF OUR CHARGES
30. Clauses 31-34 set out the basis on which our charges must be paid, unless we agree otherwise.
31. You will pay for all removal services, at the agreed rate, prior to the commencement of the removal. This term is important to the contract and unless we are paid with cleared funds prior to the commencement of the removal we shall be able to treat the removal as cancelled on the date of removal.
32. You will pay any other charges or monies that become due or payable under this contract within 30 days of us sending you an invoice or request for the same.
33. You will pay all storage charges one month in advance.
Deal Business Park
Southwall Road
Deal
Kent
CT14 9PZ
Removers • Storers • Shippers
Castles is a trading name of Castle Ltd Registration No: 5471074
Registered Office: Deal Business Park, Southwall Road, Deal, Kent. CT14 9PZ
Tel: 01304 373251
fax: 01304 365447
email: sales@castlesremovals.co.uk
web: www.castlesremovals.co.uk
34. Interest shall accrue and you shall pay it on all overdue or outstanding monies at a rate of 4% above the base rate of Royal Bank of Scotland plc.
UNDERTAKING THE REMOVAL
35. We will undertake the removal and storage with professional care and skill and taking reasonable account of all the circumstances. However, we specifically reserve the right to undertake the removal or storage in a manner that we think is appropriate including:
(a) sub-contracting all or part of the job to another removal or storage company;
(b) choosing the route we think is most effective; and
(c) using such vehicles, containers and methods of transport &/or storage as we believe are appropriate.
36. This does not however affect our responsibilities under this contract to take care of your goods and to provide the services within the appropriate timescales.
OUR LIABILTY FOR LOSS OR DAMAGE
37. We shall, in so far as it results from negligence on our part and subject to the exclusions set out below, be responsible for any damage done to the goods whilst they are in our custody and control under the terms and conditions of this contract.
38. Other than when it results from negligence on our part we shall have no liability for damage to the goods of any kind whatsoever.
39. We shall, insofar as it results from negligence on our part and subject to the exclusions set out below, be responsible for the loss of any goods whilst they are in our custody and control under the terms and conditions of this contract.
40. Other than when it results from negligence on our part we shall have no liability for loss of goods howsoever arising.
41. Under no circumstances, shall our liability to you exceed £40 per item lost or damaged. For the avoidance of doubt where goods have been packed in a wardrobe, drawer, case, box or other type of container then the liability shall be £40 for the container and the items in it. Furthermore under no circumstances shall our liability to you for loss and/ damage exceed £50,000.
42. If goods are lost or are damaged beyond repair then our liability will be, at most, the value of the goods lost or damaged beyond repair. The value of the goods, for the purpose of this contract, shall be their current replacement cost, including due allowance in respect of age, wear and tear and depreciation. All liability and compensation for loss and/or damage shall be calculated on this basis and not on a “new for old” basis.
43. If goods are damaged but can be repaired then our liability will be, at most, the repair cost plus the amount that the goods have reduced in value, if at all, because of the repair.
44. In respect of any particular item our liability will not under any circumstances exceed the value of the item in question as defined by clause 42 above.
WHAT WE WILL NOT BE LIABLE FOR – IMPORTANT NOTE.
THESE TERMS EXCLUDE AND LIMIT OUR RESPONSIBILITIES AND LIABILITY TO YOU
45. We shall not be responsible for any claim for loss or damage to the goods or for delay where the total claim amounts to less than a total of £50.
46. Other than where losses occur because of negligence on our part we will not be liable for losses arising from:
(a) fire;
(b) War, invasion, acts of foreign enemies, hostilities (whether declared or not), civil war, terrorism, rebellion &/or coup, Act of God, industrial action or other events outside our reasonable control;
(c) Normal wear and tear, ageing, natural or gradual deterioration, leakage or evaporation
(d) Incidence of moths, vermin or similar infestation;
(e) Cleaning, repairing or restoring, unless we agreed to do the work;
(f) For electrical or mechanical derangement to any appliance or equipment unless there is evidence of external impact damage;
(g) Any inherent defect in the goods;
(h) Changes of atmospheric or climatic conditions;
(i) Damage to motor bikes or other motor vehicles unless we have issued a pre-collection condition report;
(j) Damage to any motor bike or other motor vehicle moving under its own power other than during the normal course of loading and unloading.
47. Other than where losses occur because of negligence on our part we will not be liable for:
Loss or damage to the goods that occurs before we have taken possession, custody and control of the goods or which occur after we have delivered or handed over the goods to you or to a party nominated by you.
Loss or damage to the goods that occurs after we have delivered or handed over the goods to you or to a party nominated by you;
Loss of goods that have not been both packed and unpacked by us. This includes goods packed in wardrobes, drawer cases, boxes or other type of container;
Damage to goods that arises from the normal handling of those goods where those goods have not been both packed and unpacked by us. This includes goods packed in wardrobes, drawers, cases, boxes or other type of container regardless of the apparent quality of the packing.
48. We shall not be responsible or liable if you submit for removal or storage any of the goods listed at clause 8 without our agreement, in accordance with clause 9. Such goods will be removed or stored entirely at your risk.
49. If we do agree in accordance with clause 9, to remove or store any of the goods set out at clause 8 then our liability for loss and damage to them shall be limited as set out in clause 10.
50. No employee of ours shall be separately liable to you for any loss, damage or delay or other breach of this contract.
DELAYS IN TRANSIT
51. If the collection or delivery of the goods is delayed we will, if the delay arises from our negligence, pay your reasonable expenses that arise as a result of the delay, such as but not limited to reasonable hotel costs.
52. Under no circumstances shall our liability for delay exceed a total of £2000.
53. Other than as set out in clauses 51 and 52 we shall not be responsible and shall not have to indemnify or compensate you in respect of any costs or losses arising from delay.
54. If we are unable to deliver the goods we may take them into store. Other than where the delay results from our negligence the original removal &/or storage contract will then be fulfilled and any additional service(s), including storage and delivery, will be provided in accordance with these terms and conditions and at your expense.
DAMAGE TO GOODS OR PROPERTY
OTHER THAN THE GOODS BEING REMOVED OR STORED
55. We will not be liable for any damage whether to premises, property, or the goods as a result of moving goods under your express instruction, and against our advice where moving the goods in the manner instructed will inevitably cause damage.
56. In any event we shall only be liable for damage to premises or property, other than the goods being submitted for removal or storage, where such damage arises due to negligence on our part.
57. Where damage to premises or property, other than the goods being submitted for removal or storage, does occur we must ask that you inform us immediately and note the damage on the worksheet or delivery receipt. In the absence of such notification we will not be able to accept any liability for the damage.
NOTIFICATION OF CLAIMS & TIME LIMITS FOR CLAIMS
58. In cases where we deliver goods you must notify us of any visible loss, damage or failure to produce any goods at the time of delivery. This should be noted on the worksheet or delivery receipt.
59. If we do not deliver then you must notify us of any visible loss, damage or failure to produce any goods at the time when you, or your representative, take possession of the goods. This should be noted on the worksheet or delivery receipt.
IMPORTANT: TIME LIMIT FOR NOTIFICATION OF CLAIMS
60. All claims for loss of or damage to goods must be notified to us in writing whether the goods were unpacked or not within 7 days of delivery of the goods. In a case of loss or non-delivery of all of the goods, the claim must be notified within 7 days of the anticipated delivery date, or when you were informed of the loss, whichever is the earlier. In all cases these time limits will apply unless a time extension is requested by you within the 7 day period and agreed by us in writing. We will not unreasonably refuse to grant such an extension of time.
OUR RIGHT TO WITHHOLD OR DISPOSE OF THE GOODS (LIEN)
61. We may keep hold of all or some of your goods until you have paid all the charges you owe us, even if the unpaid charges do not relate to those goods.
62. Furthermore we may sell all or some of your goods to recover any unpaid charges. We can only do this after giving you 30 days written notice that we intend to do so. If we do sell any of your goods, and the proceeds from the sale are greater than the amount you owe us, we will pay you any excess amount after deducting the cost of selling the goods.
ADVICE, INFORMATION AND THE BASIS OF AGREEMENT
63. In this document we set out the terms and conditions of the contract between us. Please do not rely on promises or claims, written or verbally made, that contradict the terms and conditions of this document. In the event of any apparent contradiction between these terms and conditions and a promise or claim made please refer to us for clarification.
LAW AND JURISDICTION
64. This contract shall be subject to exclusive English law and jurisdiction.
EXTRA CONDITIONS THAT APPLY TO THE STORAGE OF GOODS
65. If you have failed to provide an address in accordance with clause 24 or if you fail to respond to our correspondence then we shall be entitled to publish notices in an area from which the goods were removed. The publication of such notice shall be accepted as valid communication with you.
66. It is important that we both know what you have in store. Where we prepare an inventory of the goods taken into store and this is forwarded to you this must be checked. You must inform us as soon as possible of any inaccuracies. It shall be assumed that if you do not bring any inaccuracies to our attention within 7 days that you are in agreement with the contents of the inventory. The 7 day period can be extended if you request a time extension within the 7 day period and the same is confirmed in writing by us. We will not unreasonably refuse to grant such an extension of time.
67. We reserve the right to review our storage charges periodically. We will inform you of any change in the applicable rates by giving you notice in writing not less than 2 months before the change in rates. The new rates will then apply from the end of that 2 month period.
68. We reserve the right to terminate the storage contract by giving you not less than 3 months notice in writing. If the goods have not been collected by you, or on your behalf, or delivered to you or to your order, by the time the storage contract terminates then the goods will thereafter only be held entirely at your risk and we will have no liability for the same.
69. If you wish to terminate the storage contract you may do so by giving us not less than 14 days notice in writing. Storage charges will then be payable up to the end of the notice period or the date on which the goods are removed, whichever is the later. All charges must be paid up to date before the goods can be released. Once the charges are paid we will endeavour to release the goods at a time that is convenient to you.
70. If you decide to collect the goods rather than having them delivered then we reserve the right to charge a reasonable hand out charge for handing them over. You are reminded that our responsibility for the goods ends in accordance with clause 47. We must stress the importance of goods being properly checked by you on delivery or handing over to you or your representative.
EXTRA CONDITIONS THAT APPLY TO FOREIGN REMOVALS
71. The following terms and conditions apply only where the goods are destined for or are received from a place outside the United Kingdom
(a) We will accept liability only for loss or damage to goods when it occurs whilst they are in our actual possession. For the avoidance of any doubt goods will be deemed to remain in our possession when the carrying vehicle is being carried on a ferry whether the vehicle’s crew are actually in the vehicle or not. In such circumstances our liability will be ascertained as if it were a domestic removal. If the loss or damage occurs whilst the goods are in possession of another party, such as a shipping line, we will not be liable and you will have to pursue any claim against that party.
(b)Where we engage an international transport operator, shipping company or airline, to convey your goods to or from a place, port or airport, we do so on your behalf and the contract with that carrier shall be subject to any terms and conditions set out by that carrier.
(c)The carrier referred to at clause 71(a) and (b) may restrict his liability by reference to contractual terms and conditions and international conventions. These may severely restrict the potential liability that the carrier has to you.
(d) Furthermore you may become liable for General Average contribution (that is the costs incurred to preserve the carrying vessel and cargo in certain circumstances), salvage costs and costs of forward transmission.
(e) You are therefore strongly recommended to arrange adequate marine/transit insurance cover over the goods. This is your sole responsibility and we will not in any way accept liability if you fail to arrange adequate or appropriate insurance cover over the goods. We can arrange suitable cover on request and on payment of the required premium.
(f) We will not accept liability for goods confiscated, seized or removed by Customs Authorities, or similar bodies and Government Agencies other than in circumstances where such confiscation, seizure or removal occurs due to our negligence.
GENERAL
72. The provisions contained in this contract are considered fair and reasonable by the parties but if any provision shall be found to be unenforceable but would be valid if any part of it were deleted or modified, the provision shall apply with such modifications as may be necessary to make it valid and effective.
IMPORTANT NOTICE
THESE CONDITIONS HAVE BEEN PREPARED BY LEGAL REPRESENTATIVES OF REASON & CO. (S.E.) LTD AND AS SUCH ARE SUBJECT TO COPYRIGHT.
A larger print version of these Terms & Conditions is available on request