Terms & Conditions

Terms and Conditions

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, 5.3 and the provisions of Clauses 4, 9, 10,
11 and 12.
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 costs change because of currency fluctuations or changes in taxation or freight
charges beyond our control.
1.2.3 The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal
hours (08.00-18.00hrs) at your request.
1.2.4 We have to collect or deliver goods at your request above the ground floor and first
upper floor.
1.2.5 If you collect some or all of the goods from our warehouse, we are entitled to make
a charge for handing them over.
1.2.6 We supply any additional services, including moving or storing extra goods (these
conditions apply to such work).
1.2.7 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 and/or containers to load and/or unload within 20 metres
of the doorway.
1.2.8 We have to pay parking or other fees or charges in order to carry out services on
your behalf.
1.2.9 There are delays or events outside our reasonable control which increase or
extend the resources or time allowed to complete the agreed work.
1.2.10 We agree in writing to increase our limit of liability set out in clause 9.1.1
1.3 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 5.
2.2 Our staff are not authorized 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 and/or stored. 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 under clause
9.1 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 Be present or represented during the collection and delivery of the removal.
3.1.4 Ensure authorized 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 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 stabilize 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 the 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 liable for any
loss or damage, costs 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 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 clauses 9, 11 and 12, 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 our liability under this clause shall be determined in accordance with clauses
9 and 11.

5. Goods not to be submitted for removal or storage

5.1 Unless previously agreed in writing by a director or other authorized company
representative, the following items must not be submitted for removal or storage and will
under no circumstances be moved or stored by us. 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 and storage.
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 licence or government permission for export or import.
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 breach of contract, in which case all these conditions will apply.
5.3 If you submit such goods without our knowledge we will make them available for your
collection and if you do not collect them within a reasonable time we will apply for an
appropriate court order to dispose of any such goods found in the consignment without
notice. You will furthermore pay to us any charges, expenses, damages, legal costs or
penalties incurred by us.

6. Ownership of the goods

6.1 By entering into this Agreement, you guarantee that:
6.1.1 The goods to be removed and/or stored 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 costs brought against us if either
warranty 6.1.1 or 6.1.2 is not true.

7. Bookings and postponements

7.1 House completion dates can, and often do, change prior to your solicitor exchanging
contracts. We accept firm bookings on a first come first serve basis from customers once
they have exchanged contracts. We do accept provisional booking from customers before
they have exchanged contracts but at this stage a contract between Collins Transport
and the customer will not have been formed. However to avoid disappointment you can, on
payment of a deposit, reserve our services on a given date prior to your moving date being
confirmed. This deposit would be forfeited in the event of cancellation or postponement
7.1.1 If you request that we reserve our services for a specified date, and we agree
without a deposit being received from you, we reserve the right to make a charge
if a cancellation or postponement is made within 4 working days of the removal
taking place.
7.1.2 If we supply boxes and/or packing materials to you before you have exchanged
contracts, and we are subsequently unable to carry out the removal, we reserve
the right to charge you for the supply of theses goods and for the delivery.

8. Payment

8.1 Payment in full shall be made Seven (7) days prior to the day of the removal.
8.1.1 A deposit of 30% of the total cost of the removal is required to secure any booking.
8.1.2 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.

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

9.1 Standard Liability.
9.1.1 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 loss or damage to
those goods in breach of clause 4 will be determined in accordance with Clauses
9.1.2, 9.1.3 and 11 below, subject to a maximum liability of £20,000. We may agree
to accept liability for a higher amount, in which case we may make an additional
charge.
9.1.2 In the event of loss 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 £20,000 referred to in clause 9.1.1 (unless we have agreed a
higher amount with you).
9.1.3 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.

9.2 Limited Liability.

9.2.1 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 9.1, then our liability to you is to be
determined in accordance with Clauses 9.1.3, 9.2.2 and 11.
9.2.2 In the event of loss 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 11.1 which applies to Limited Liability.
9.3 For goods destined to or received from a place outside the UK
9.3.1 We will only accept Standard Liability if you provide us with a detailed valuation of
your goods on the valuation form which we provide. All other provisions of Clause
9.1 will apply.
9.3.2 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.
9.3.3 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.
We will accept liability for loss or damage
(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.
In either circumstance clause 9.1 or 9.2 above will apply.
9.4 An Item is defined as :-
9.4.1 The entire contents of a box, parcel, package, carton, or similar container; and
9.4.2 Any other object or thing that is moved, handled or stored by us.

10. Damage to premises or property other than goods

10.1 Because third party contractors are frequently present at the time of collection or delivery
our liability for loss or damage is limited as follows:
10.1.1 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.
10.1.2 If we cause damage as a result of moving goods under your express instruction,
against our advice, and where to move the goods in the manner instructed is likely
to cause damage, we shall not be liable.
10.1.3 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 or within a reasonable
time. This is fundamental to the Agreement.

11. Exclusions of liability

11.1 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.
11.2 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 :-
11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or
Electronically held Data Records, Mobile Telephones
11.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or
contamination.
11.2.3 Perishable items and/or those requiring a controlled environment.
11.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals,
Money, Coins, Deeds.
11.2.5 Any animals, birds or fish.
11.3 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:-
11.3.1 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.
11.3.2 Loss or damage arising from ionising radiations or radioactive contamination
11.3.3 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic
Weapons and Cyber Attack
11.3.4 Indirect or consequential loss of any kind or description
11.3.5 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.
11.3.6 By vermin, moth, insects and similar infestation, damp, mould, mildew or rust
11.3.7 By cleaning, repairing or restoring unless we arranged for the work to be carried
out.
11.3.8 By change to atmospheric or climatic conditions.
11.3.9 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.
11.3.10 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.
11.3.11 For electrical or mechanical derangement to any appliance, instrument, clock,
computer or other equipment unless there is evidence of related external damage.
11.3.12 Loss or damage of motor vehicles caused by scratching, denting and marring
unless you obtain from us a pre-collection condition report.
11.3.13 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
11.3.14 For any goods which have a pre-existing defect or are inherently defective.
11.4 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.
11.5 Our liability will cease upon handing over goods from our warehouse or upon completion of
delivery (see Clause 12.2 below).

12. Time limit for claims

12.1 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.
12.2 If you or your agent collect the goods, you must notify us in writing of any loss or damage
at the time the goods are handed to you or your agent.
12.3 Notwithstanding clauses 9, 10 and 11 we will not be liable for any loss of or damage
to the goods unless a claim is notified to us, or to our agent or the company carrying
out the collection or 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 seven (7) days of delivery of the goods by us.
12.4 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.

13. Delays in transit

13.1 Other than by reason of our negligence or breach of contract, we will not be liable for delays
in transit.
13.2 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.

14. Our Right to Hold the Goods (lien)

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. (See also Clause 23). 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
incurred by our withholding your goods and these terms and conditions shall continue to
apply.

15. Disputes

If there is a dispute arising from this agreement which cannot be resolved, subject to the
agreement of both parties, either you or we may refer the dispute to an arbitrator appointed
by the Chartered Institute of Arbitrators. The cost of any such arbitration will be at the
discretion of the arbitrator. This does not prejudice your right to commence court
proceedings.

16. Our right to sub-contract the work

16.1 We reserve the right to sub-contract some or all of the work.
16.2 If we sub-contract, then these conditions will still apply.

17. Route and method

17.1 We have the right to choose the method and route by which to carry out the work.
17.2 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.

18. Advice and information for International Removals

We will use our reasonable endeavours to provide you with up to date information to assist
you with the import/export of your goods. Information on such matters as national or
regional laws and regulations which are subject to change and interpretation at any time is
provided in good faith and is based upon existing known circumstances. It is your
responsibility to seek appropriate advice to verify the accuracy of any information provided.

19. Applicable law

This contract is subject to the law of the country in which the office of the company issuing
this contract is situated.

20. Your forwarding address

20.1 If you send goods to be stored, you must provide an address for correspondence and notify
us if it 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.
20.2 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.

21. List of goods (inventory) or receipt

Where we produce a list of your goods (inventory) or a receipt and send it to you, it will be
accepted as accurate unless you write to us within 10 days of the date of our sending, or a
reasonable period agreed between us, notifying us of any errors or omissions.

22. Revision of storage charges

We review our storage charges periodically. You will be given 3 months notice in writing of
any increases.

23. Our right to Sell or dispose of the Goods

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.

24. Termination

If payments are up to date, we will not end this contract except by giving you three months
notice in writing. If you wish to terminate your storage contract, you must give us at least
10 working days’ notice (working days are defined in Clause 7 above). If we can release
the goods earlier, we will do so, provided that your account is paid up to date. Charges for
storage are payable to the date when the notice should have taken effect.

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