Terms & Conditions
Intro: The following conditions define the rights/obligations, and also the responsibilities of all parties to this agreement. Within these conditions the word ‘You’ or ‘Your’ refers to the Customer; however ‘Us’, ‘We’ or ‘Our’ means Amigosmove. The following can be varied or amended subject to prior written agreement.
Important: Please be aware that it is part of these terms & conditions that if upon loading your belongings we find that we are unable to deliver them on the scheduled day due to circumstances beyond our control. e.g. You are unable to complete the move into Your new home due to the transfer of funds not going through or for other contractual reasons or due to exceptional weather conditions which mean that We are not safely able to reach Your new address, flooding or snow etc. there will be an excess charge for re-delivery of Your goods at a later date as well as possible storage charges if the goods are held by Us until such re-delivery; nor will We be responsible for any costs incurred by yourselves as a result of such circumstances.
Quotation and Payment
1. Our Quotation
1.1 Our quotation, unless otherwise stated, does not include customs duties port charges including (but not limited to) demurrage and inspections or any fees or taxes payable to government bodies or agencies. For the price quoted we agree to accept liability for loss or damage to your goods and premises subject to clauses 2.2, 7.2, 16.2, 16.3 and the provisions of clauses 8, 9, 10 and 11.
1.2 Our quotation is valid for fifteen days from the date of issue. Unless already included in our quotation, additional charges will apply in the following circumstances:
1.2.1 If the work does not commence within fifteen days of acceptance;
1.2.2 Where We have given You a price including redelivery from our storage within Our quotation and the re-delivery from our storage has not taken place within six months from the date of the issue of the quotation;
1.2.3 Our costs change because of currency fluctuations, changes in taxation, freight, ferry, fuel or toll charges beyond our control;
1.2.4 The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal hours (08.00-18.00hrs) at your request;
1.2.5 We have to collect or deliver goods at Your request above the ground floor and first upper floor;
1.2.6 If You request collection or access to Your goods whilst they are in storage;
1.2.7 We supply any additional services, including moving or storing extra goods (these conditions apply to such work);
1.2.8 The entrance or exit to the premises, lifts, stairs, 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 and/or unload within 20 metres of the doorway;
1.2.9 We have to pay parking fees/fines or other fees or charges in order to carry out services on Your behalf;
1.2.10 There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work;
1.2.11 We agree in writing to increase our limit of liability set out in clause 8.1.1 prior to the work commencing.
1.3 You agree to pay any reasonable charges arising from the above circumstances.
2. Work not included in the quotation
2.1 Unless agreed by Us in writing, We will not:
2.1.1 Dismantle or assemble furniture of any kind;
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 8;
2.1.6 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.
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.
3.1 Unless otherwise agreed by us in writing, payment is required in full by cleared funds in advance of the removal or storage period. In default of such payment we reserve the right to refuse to commence removal or storage until such payment is received.
3.2 In respect of all sums which 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.
4. Charges if you postpone or cancel the removal
4.1 If you postpone or cancel this Agreement, we reserve the right to charge you a postponement or cancellation fee according to how much notice is given as set out below at 4.1.1 – 4.1.4. “Working days” refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays.
4.1.1 More than 10 working days before the removal was due to start: no charge;
4.1.2 Between 5 and 10 working days inclusive before the removal was due to start: not more than 30% of the removal charge;
4.1.3 Less than 5 working days before the removal was due to start: not more than 60% of the removal charge;
4.1.4 On the day the work starts or at any time after the work commences: 100% of Our charges.
5. Our right to lien, sell or dispose the goods
5.1 “Lien” is the legal right of the Remover to hold goods until the Customer has paid all outstanding charges. 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) incurred by us in recovering our charges and applying our right of lien. These terms and conditions shall continue to apply.
5.2 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 amounts 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 proceeds 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.
Rights/Obligations and Responsibilities
6. Your responsibility
6.1 You agree to:
6.1.1 Advise Us in writing of the value of the goods being removed and/ or stored prior to the work commencing – if it is established that the value of the goods removed or stored exceeds the value you have stated our liability under clause 7.1 will be reduced to reflect the proportion that your declared value bears to their actual value;
6.1.2 Obtain at Your own expense, parking fines, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed;
6.1.3 Pay for any parking or meter suspension charges incurred by Us in carrying out the work;
6.1.4 Be present or represented throughout the collection and delivery of the removal;
6.1.5 Ensure that inventories, receipts, waybills, job sheets or other relevant documents are signed by You or Your authorised representative as confirmation of collection or delivery of goods;
6.1.6 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error;
6.1.7 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;
6.1.8 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal;
6.1.9 Empty, properly defrost and clean refrigerators and deep freezers as We are not responsible for the contents;
6.1.10 Ensure that all domestic and garden appliances, including but not limited to washing machines, dish washers, hose pipes and petrol lawn mowers are clean and dry and have no residual fluid left in them;
6.1.11 Provide Us with a correct and up-to-date contact address and telephone number during removal transit and/or storage of goods.
6.2 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.
6.3. Ownership of the goods
6.3.1 By entering into this Agreement, You guarantee that:
220.127.116.11 The goods to be removed and/or stored are Your own property, or the goods are Your property free of any legal charge; or
18.104.22.168 You have the full authority of the owner or anyone having a legal interest in the goods to enter into this Agreement and You have made the owner fully aware of these terms and conditions prior to entering into this Agreement and that they have agreed to them;
22.214.171.124 If at any time following the implementation of this Agreement to its termination another person has or obtains an interest in the goods You must advise Us of their name and address in writing immediately;
126.96.36.199 You will provide a full indemnity and pay Us in respect of any claim for damages and/or costs brought against Us if either statement made in 188.8.131.52 or 184.108.40.206 is untrue.
220.127.116.11 If you wish to transfer responsibility of this Agreement to a third party you must 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.
7. Our obligation
7.1 It is our duty to deliver your goods to you, or render them for your collection, undamaged. By “undamaged” We mean in the same state as they were in at the time when they were packed or on the other hand made ready for transportation and/or storage.
7.2 In a circumstance where we have taken on the packing of the goods, or otherwise make them ready for transportation and/or storage, it is our duty 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 and/or storage.
7.3 If we fail to discharge the duty identified in clauses 7.1 and 7.2, we will, be subjugated to the provisions of clauses 8, 9 and 15, and be obligated under this Agreement to compensate you for such failure.
7.4 We will not be subjected to recompense you where clauses 2.2, 6.2, 16.2 and 16.3 apply unless loss or damage occurred as a result of heedlessness or breach of contract on our part.
7.5 If You do not provide Us with a statement of the value of Your goods, or if You do not require Us to accept typical liability pursuant to clause 8.1, We will not be accountable to You for failure to discharge the responsibilities identified in clause 7.1 and 7.2, unless that failure was caused by heedlessness or breach of contract on Our part.
7.6 The amount of our accountability under this clause shall be determined in conformity with clauses 8 and 10.
7.7 Unless otherwise agreed in writing prior we will not be liable for any parking fines obtained by us in carrying out the work.
8. Determination of amount of our liability for loss or damage
8.1 Standard Liability:
8.1.1 If you advise us of the value of your goods, prior to the work commencing and subject to clause 6.1.1, the amount of our liability to you in the event of loss or damage to those goods in breach of clause 4 will be determined by clauses 8.1.2, 8.1.3 and 10, up to a maximum liability of £50,000 in the event of the total loss of the goods – 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 loss of or damage to your goods in breach of clause 8, our liability to you shall not exceed 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, up to the maximum liability of £50,000 referred to in clause 8.1.1 (unless We have agreed a 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 have not provided us with a written valuation prior to the work commencing, or you do not require us to apply the Standard Liability in clause 8.1, then our liability to you will be determined in accordance with clauses 8.1.3, 8.2.2 and 10;
8.2.2 In the event of loss of or damage to your goods caused by our negligence or breach of contract, our liability to you shall not exceed £40 per item.
8.3 For goods destined to or received from a place outside the UK:
8.3.1 We will only accept Standard Liability if you provide us with a valuation of your goods on the form which We provide – all other provisions of clause 8.1 will apply;
8.3.2 We do not accept liability for loss of or damage to goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless We have been negligent or in breach of contract;
8.3.3 We do not accept liability for loss of or damage to goods occurring in certain overseas countries, including Gambia, Iran, Iraq, Nigeria, Libya, Lebanon, Angola, Cambodia, Vietnam, N. Korea and former states of the USSR, unless We have been negligent or in breach of contract – this list is not exhaustive, and We will advise You at the time of quotation if this exclusion applies;
8.3.4 Subject to clauses 8.1 and 8.2 above We will accept liability for loss or damage only in the following circumstances: (a) arising from Our negligence or breach of contract whilst the goods are in Our physical possession, or (b) whilst the goods are in the possession of others if the loss or damage is established to have been caused by Our failure to pack the goods to a reasonable standard where We have been contracted to pack the goods that are subject to the claim.
8.4 For the purposes of this Agreement an item is defined as:
8.4.1 The entire contents of a box, parcel, package, carton, or similar container; and
8.4.2 Any other object or thing that is moved, handled or stored by Us.
9. Damage to premises or 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 establish who was responsible for loss or damage. Therefore our liability 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 damaged area only;
9.1.2 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;
9.1.3 If We are responsible for causing damage to Your premises or to property other than goods submitted for removal and/or storage, You must note this on the worksheet or delivery receipt as soon as practically possible after the damage occurs or is discovered, or in any event within a reasonable time. This is fundamental to the Agreement.
10. Exclusions of liability
10.1 In respect of Limited Liability, We will not be liable for loss 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 Unless We are negligent or in breach of contract (in which case Our liability will be limited under either Standard or Limited Liability as set out in clause 8) 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 moth, 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 We shall not be liable for delays or failures to provide the services under this Agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third-party industrial action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside Our reasonable control;
10.3.2 Loss or damage arising from ionising radiations or radioactive contamination;
10.3.3 Loss or damage arising from chemical, biological, bio-chemical, electromagnetic weapons and cyber-attack;
10.3.4 We will not be liable for any loss or damage caused by Us or Our employees or agents in circumstances where: (a) there is no breach of this Agreement by Us or by any of Our employees or agents, or (b) such loss or damage is not a reasonably foreseeable result of any such breach;
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;
10.3.7 By cleaning, repairing or restoring unless We arranged for the work to be carried out;
10.3.8 Changes to atmospheric conditions which result in mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water caused by Our negligence or breach of contract;
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 maximum liability is limited to £100 for the entire contents of the box or the actual value of the damaged items (taking into account the items’ age and condition at the time of loss or damage) whichever is less;
10.3.11 For electrical or mechanical derangement to any appliance, instrument, 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 maiming 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, miss-delivery, errors or omissions under the terms of this Agreement.
10.5 Our liability will cease upon handing over goods from our warehouse or upon completion of delivery (see clause 15.1 below).
11. Our right to sub-contract the work
11.1 We reserve the right to sub-contract some or all of the work.
11.2 If we sub-contract, then these conditions will still apply.
Disputes and claims
If there is a dispute arising from this Agreement which cannot be resolved, either party may refer it to a trusted Arbitration Service and can also be referred to the Law Courts for a decision to be made.
13. Applicable law
Any dispute between us will be governed by the non-exclusive law and jurisdiction of the English or Scottish courts. If you currently reside or are moving to a place outside the jurisdiction of the courts of the United Kingdom, alternative laws or jurisdiction of local courts may apply subject to our written agreement prior to the work or services commencing.
Any Questions? Please call us on 0330 113 7733
AMIGOSERVICES GROUP LTD • A company registered in England and Wales • Registered Number: 10852474
Registered Office: Unit 16 Isobel House, 46 Victoria Road, Surbiton, London, KT6 4JL, United Kingdom
© Amigosmove 2019. All Right Reserved.