Terms and Conditions

Introduction

These conditions explain the rights, obligations and responsibilities of all parties to this Agreement. Where we use the word you or your it means the customer. We, us or our means the Remover. These terms and conditions can be varied or amended subject to prior written agreement.
1. Our Quotation
1.1 Our quotation include us accepting liability for your goods, subject to clauses that are explained in our full Terms and Conditions which are available to view on our website www.butlersmith.com/termsandconditions.
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 The work is carried out on a Saturday, Sunday or Public Holiday or outside normal hours (08.00 - 17.00 hours) at your request.
1.2.3 We have to collect or deliver the goods at your request but the job involved more than 4 consecutive steps not previously mentioned on our quotation.

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. Except in respect to pianos or keyboards.
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 Out 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 responsibility to:
3.1.1 Declare to use the value of the goods removed and/or store. It is preferable that this should be done in writing prior to the job going ahead. 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 will be reduced to reflect the proportion that your declared value bears to their actual value.
3.1.2 Obtain at your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.
3.1.3 Have an authorised representative available during the collection and delivery of the removal.
3.1.4 Ensure authorised signature on agreed inventories, receipts, waybills, job sheets or other relevant documents by way of confirmation of collection or delivery of goods.
3.1.5 To take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
3.1.6 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.
3.1.7 Prepare adequately and stabilise all appliances or electronic equipment prior to their removal.
3.1.8 Empty properly defrost and clean refrigerators and deep freezers. We are not responsible for their contents.
3.1.9 Provide us with a contact address for correspondence during removal transit and/or storage of goods.
3.2 Other than by reason of our negligence or breach of contract, we will not be responsible for any loss or damage, costs or additional charges that may arise from failure to discharge the 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 and/or storage.
4.2 In the event that we have undertaken to pack the goods, or otherwise make them ready for transportation and/or storage, it is our responsibility to deliver them to you or produce them for your collection, undamaged. Again by undamaged we mean in the same condition as they were in immediately prior to being packed/made ready for transportation or storage.
4.3 If we fail to discharge the responsibilities identified in clause 4.1 and 4.2, we will, subject to the provisions of clause 8, 9 and 11, be liable under this agreement to compensate you for such failure.
4.4 We will not be liable to compensate you where clauses 2.2, 3.2, 5.2 and 5.3 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 9.1 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 liability under this clause shall be determined in accordance with clause 9 and 11.

5. Our Right to Sub-Contract the Work
5.1 We reserve the right to sub-contract some or all our work.
5.2 If we sub-contract, then these conditions will still apply.
6. Route and Method
6.1 We have the right to choose the method and route by which to carry out the work.
6.2 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 utilized for consignments of other customers.

7. Your Forwarding Address
7.1 If you send goods to be stored, you must provide an address for correspondence and notify us it if changes. All correspondence and notices will be considered to have been received by you seven days after sending it to your last address recorded by us.
7.2 If you do not provide an address or respond to our correspondence or notices, we may publish such notices in a public newspaper in the area to or from which the goods were removed. Such notice will be considered to have been received by you seven days after the publication date of the newspaper.
Note: if we are unable to contact you, we will charge you any costs incurred in establishing your whereabouts.
7.3 Revision of storage charges.
We review our storage charges periodically. You will be given 3 months notice in writing of any increases.

8. Our Right to Sell or Dispose of the Goods
8.1 If payment of our charges relating to your goods is in arrears, and on giving you three months notice, we are entitled to require you to remove your goods from our custody and pay all money due to us. If you fail to pay all outstanding monies due to us, we may sell or dispose of some or all of the goods without further notice. The cost of the sale or disposal will be charged to you. The net proceedings 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, we may seek to recover the balance from you.

9. Delays in Transit
9.1 Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit.
9.2 If through no fault of ours we are unable to deliver your goods, we will take them into store. The Agreement will then be fulfilled and any additional service(s) including storage and delivery, will be at your expense.

10. Our Right to Hold the Goods (Lien)
10.1 We shall have a right to withhold and/or ultimately dispose of some or all of the goods until you have paid all our charges and any other payments due under this or any other Agreement.