T'S & C'S
Soti Move Terms and Conditions
The parties to the contract are (a) Soti Move Ltd and (b) the person, entity or company identified who requests the removal and/or storage services; the Customer.
“Contract” Means the contract of work for the supply and acquisition of the Work entered into by the Company and Customer
“Equipment” Means anything used by us in the execution of the Work
“Goods” Means all or part of those goods and/or other property which are subject to the Contract
“Premises” Means the places(s) where the Work is carried out
“Work” Means the work to be performed and/or other property which are the subject of the Contract, including handling, lifting, packing and unpacking, removal, storage and any other services rendered to you by us
The Remover is not a Common Carrier and does not contract as such.
4 Quotation and Price
4.1 Any quotation given by the Company constitutes an offer to carry out the Work by Us subject to these terms
4.2 Any quotation given by Us is valid for 28 days from the quotation date
4.3 If you issue a purchase order in response to our quotation or accept Our quotation otherwise, You are agreeing to these Terms and to the exclusion of all other terms, including any terms accompanying your purchase order or other acceptance document.
4.4 The quotation provided is for a fixed price, however the Remover is entitled to amend the price if circumstances beyond Our control (including without limitation events of Force Majeure and Customer’s acts or omissions), after acceptance, or during the performance of the Contract, change the Work against which the original price was applied (see Clause 6),
5 Work excluded from quotation
Unless otherwise agreed in writing, We will not;
5.1 Dismantle or reassemble any item of furniture.
5.2 Move or handle any heavy or bulky item.
5.3 Decommission or re-commission any IT.
5.4 Pack or unpack any items.
5.5 Disconnect, re-connect, disassemble or re-assemble appliances; fixtures, fittings or equipment.
5.6 Rehang any items onto any surface.
6 Additional works
In the Event that the Remover carries out additional works as a result of the following;
(a) The Work specified in the contract including work or services which the Company was not
made aware prior to, and not included in, the Quotation for the Works.
(b) The Customer requesting additional works or services either prior to commencement of the Works or during its completion.
(c) Access and/or parking at either premises which has been unsatisfactorily arranged by the Customer.
The Company shall be entitled to charge, in addition to the quoted price, such additional sum as is reasonable, having regarded to the additional works.
7.1 The Remover will use all reasonable endeavours to perform the Work within or at the agreed time. It will, however not be liable for any loss or damage caused as a result from its failure to perform the Work within the agreed time, unless through Our own negligence or breach of contract.
7.2 If the Remover is delayed in completing the Work as a result of circumstances beyond its control, you agree to grant an extension of time for the Work to be completed and pay any additional charges emanating from the provision of additional resources.
8 Customer warranties
You undertake and warrant:
8.1 That you are the owner of the Goods which are relevant to the Work, (see Clause 9 for more detail).
8.2 That there is proper and suitable access at all appropriate times to Your premises to enable the Remover to carry out the Work.
8.3 That you obtain at Your expense all documents, permissions, licenses and permits necessary for the Work to be carried out.
8.4 That you will arrange, and pay for, all necessary parking facilities for the Remover’s vehicle/s.
8.5 That you will arrange appropriate and adequate insurance to cover the Goods for transit against all insurable risks, as Our liability is limited under Clauses 14, 15 and 16.
8.6 That you will be solely responsible for the safeguarding of all the Remover’s packing cases and any other removal equipment during such time as the same are at the collecting and/or delivery address during the removal operation.
8.7 That you will be solely responsible for the safety and security of all of the goods up to the point of departure from the collection address and as from the point of arrival at the delivery address.
8.8 That You will be present or represented throughout the duration of the removal.
8.9 That You will ensure all documentation relating to the removal is signed, by You or Your representative, as confirmation of delivery or collection of the Goods.
8.10 That you take all reasonable steps to ensure that no item is left or taken in error.
8.11 That all storage units are emptied, unless agreed in writing prior to the removal.
8.12 That any appliance is disconnected and free from any residual fluid
9 Ownership of Goods
By entering this Agreement, the Customer guarantees that;
9.1 You are in full title of the goods and they are free of any legal charge,
9.2 You have full and unreserved authority from the owner, or any other persons or entities having a legal interest in the Goods, to enter into the Agreement, and that any owner is made fully aware of the Terms of the Agreement, and that they have agreed to them.
9.3 Following the acceptance of this Agreement to its termination, if another person or entity obtains, or has, an interest in the Goods You will notify Us immediately, in writing, of their name, address and contact details.
9.4 In the event of any claim being made against the Remover by any third party in respect of any loss or damage, You will provide full indemnity to the Remover if the statement made in either 9.1 or 9.2 is untrue.
9.5 Should You wish to transfer Ownership to a third party during the Agreement, You will provide Us, in writing, their full name, address and contact details. We will then issue the third party a new Agreement and Our Agreement with You will remain in place until We have received a signed Agreement from the third party.
10 Goods not to be submitted for removal
The following items must not be submitted for removal or storage unless otherwise agreed in writing by You;
10.1 Any goods, which may present risks to health and safety or fire risks.
10.2 Any potentially dangerous, explosive or toxic articles or substances.
10.3 Any goods which are likely to encourage vermin or other pests or to cause or transmit infectious disease.
10.4 Any prohibited or stolen goods.
10.5 Any perishable goods or goods which require a controlled environment.
Unless previously otherwise agreed in writing, you must pay in advance for all removal services.
12.1 The Customer may upon notice in writing to the Company, postpone the date upon which the Work was to be carried out in which event the Company shall be entitled to make the following charges;
12.2.1 If more than 10 working days before the date when the work was due to start, no charge apart from consumables specifically purchased to perform the Work.
12.2.2 If between 8-10 working days (inclusive) before the date referred to on the quotation – 15% of the (removal) charge stated on the quotation or otherwise agreed.
12.2.3 If less than 8 working days (inclusive) before the date referred to on the quotation – 20% of the (removal) charge stated on the quotation or otherwise agreed.
12.2 If you do not stipulate a new date for the removal within 28 days of postponement the Contract will be deemed to be cancelled.
By way or liquidated damages You agree to pay a sum representing 50% of the removal charges if you cancel the removal, save that if the cancellation is notified to the Remover less than 48hrs before the removal the percentage shall rise to 75%.
14 Removers Liability
14.1 We do not know the value of Your Goods and therefore We limit Our liability to a fixed limit per item. The amount of liability We accept under this agreement is reflected in Our charges for the Work. If you wish Us to increase Our limit of liability per item You agree to pay a higher price for the Work.
14.2 Unless otherwise agreed in writing if we are negligent or in breach of contract We will pay You up to £40 for each item which is lost or damaged as a direct result of any negligence or breach of contract on Our part.
14.3 For the purposes of this Agreement an item is defined as;
14.3.1 The entire contents of a box, parcel, package, carton, crate, or similar container.
14.3.2 Any other object, which is being moved, handled or stored by Us.
15 Exclusions of Liability
15.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to insure Your Goods. If you ask Us in writing to arrange insurance cover for You We will, provided You declare the full replacement value of Your Goods and pay the premium in advance.
15.2 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.
15.3 Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of;
15.3.1 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.
15.3.2 Moth or vermin or similar infestation.
15.3.3 Cleaning repairing or restoring unless We arranged for the work to be carried out.
15.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless linked to ingress of water.
15.3.5 For any Goods in a box, parcel, package, carton, crate, or similar container not both packed and unpacked by Us.
15.3.6 For electrical or mechanical derangement to any appliance, instrument, computer or other equipment unless there is evidence of related external damage.
15.3.7 For any goods which have a pre-existing defect or are inherently defective.
15.3.8 For perishable items and/or those requiring a controlled environment.
15.3.9 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
15.3.10 For the items referred to in Clause 10 (Goods not to be submitted for removal)
15.4 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.
15.5 Where Goods are handled out from store Our liability will cease upon handling over the Goods to Your authorised representative.
15.6 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 by any of Our employees or agents.
(b) Such loss or damage is not a reasonably foreseeable result of any such breach.
16 Damage to property other than Goods
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 any loss or damage, therefore our liability is limited as follows;
16.1 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.
16.2 If We cause damage as a result of moving goods under Your express instructions, against our advice, and where moving goods in the manner instructed is likely to cause damage, We shall not be liable.
16.3 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.
17 Time limit for reporting claims
If it is believed that the Remover has been responsible for loss and/or damage to goods and/or premises, such claims must be made verbally within 3 working days of the alleged incident, and confirmed in writing within 7 working days of the alleged incident. Any claim brought outside these time periods will not be accepted.