1. Interpretation
1.1 In these Conditions the following terms shall have the following meanings:
“Building Contractor” the company from whom the Client is purchasing the Property; “Client” the person to whom the Supplier is to supply the Services and whose name is noted in the documentation set out in the Declaration; “Conditions” the terms and conditions set out in this document and, unless the context otherwise requires, any special terms agreed in writing between the Supplier and the Client; “Consumer” a person purchasing or receiving the Services outside of the course of his or her business or trade; “Contract” the contract for the supply of the removal and/or storage services to be provided by the Supplier to the Client; “Extended Liability” the Supplier’s liability to the Client as set out in condition 5; “Goods” the goods to be moved by the Supplier as part of the Services; “Declaration” the documentation under which the Client declares the value of the goods; “Item” In respect of the Goods, any one article, suite, pair, set, complete case, carton, package or other container; “Normal Working Hours” the hours between 9:00am and 5:00pm each day excluding Saturdays and Sundays and English public holidays; “Property” the property where the Goods are being moved to by the Supplier and as noted in the Declaration; “Removal Address” the address of the property where the Goods are to be removed from and as noted with the Declaration; “Services” the house contents packing, removal and/or storage services which the Supplier is to provide to the Client under the Contract; “Sub-contractor” the business whom the Supplier sub-contracts the performance of the Services to; “Supplier” Aprico whose principal place of business is Aprico Limited, Registered in England No. 09487701. Registered office: 12 Trent Business Centre, Eastern Avenue, Lichfield, England, WS13 6RN.
1.2 The headings in these Conditions are for convenience only and shall not affect their interpretation. Unless the context requires otherwise, the singular shall include the plural and vice versa and references to the masculine gender shall include the feminine. References to any statute shall include any amendment, variation or replacement of the same.
2. Basis of Supply
2.1 In consideration of the Client entering into a contract for the purchase of the Property, the Supplier shall procure that its Sub-contractors supply the Services to the Client in accordance with these Conditions.
2.2 These Conditions are the only terms and conditions on which the Supplier is prepared to deal with the Client and shall apply to the exclusion of any other express conditions. No variation or addition to these Conditions shall be binding upon the Supplier unless agreed in writing between a manager of the Supplier and the Client.
2.3 Subject to any variation in accordance with clause 2.2, these Conditions embody the entire understanding of the parties and override any prior promises, undertakings or representations.
3. Charges
3.1 Save for the cost of any extension of the Extended Liability in accordance with condition 5.7 and any storage Services, the cost of the Services shall be included in the price set out in the Client’s contract with the Building Contractor.
3.2 Any charges are exclusive of any applicable value added tax or any other taxes, levies or duties which will be added or charged on invoices at the appropriate rates.
3.3 Unless agreed in writing the Supplier may invoice the Client at any time for any charges for storage and/or under condition 5.7 and the Client shall pay the invoice (in full without any set off, deduction or counterclaim) prior to the supply of the Services. Time of payment of the charges shall be of the essence of the Contract.
3.4 If the Client fails to make any payment at the time or within the period prescribed by these Conditions, then without prejudice to any other right or remedy available, the Supplier may in its sole discretion: suspend the performance of any or all of its obligations under the Contract; and/or terminate the Contract for the provision by the Supplier of the Services.
4. Services
4.1 The Services shall be provided by the Supplier in accordance with these Conditions. Except where otherwise agreed by the Supplier in writing, the Services shall only be provided during Normal Working Hours.
4.2 The Supplier warrants to the Client that it will perform the Services with reasonable care and skill. The Client warrants that he or she is a Consumer.
4.3 Unless agreed in writing by the Supplier the Services do not include: the dismantling or assembly of Goods, fitments or fittings; the disconnection or reconnection of Goods, fitments or fittings; the taking up or laying of fitted floor coverings; the moving of storage heaters, unless they are dismantled; the removal of Goods from a loft or cellar, unless properly lit, floored and safe access is provided; the removal of any Goods excluded under condition 5.
4.4 Unless otherwise agreed in writing by the Supplier, the following Goods are excluded from the remit of the Services: jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind; prohibited or stolen goods, drugs, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition; plants or goods likely to encourage vermin or other pests and/or plants or goods likely to cause infestation; refrigerated or frozen food, drink, products or goods; any animals and their cages or tanks including pets, birds or fish; goods which require a special licence or government permission for export or import; cars, boats, motorcycles, caravans, furs, perfumery, tobacco, records, spirits and wines and data (in any format).
4.5 The Client shall comply with his obligations under the Contract, and shall (without limitation to the Client’s other obligations): obtain at his own expense, all documents, permits, licences, and/or customs documents necessary for the removal to be completed; be present or represented throughout the removal; take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error; 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; prepare and properly stabilise all appliances or electronic equipment prior to their removal; empty, properly defrost and clean refrigerators and deep freezers; provide the Supplier with a contact address for correspondence during removal of the Goods.
4.6 The Supplier has the full right to choose the route for delivery.
5. Extended Liability and limitations
5.1 Subject to the terms of this condition 5, the Supplier shall accept liability to the Client for any loss of or damage to any Goods whilst under its control or injury to or death of person caused by any negligent act or omission or wilful misconduct of the Supplier, its employees, agents or sub-contractors.
5.2 In relation to injury to or death of any person, no limit of liability applies. In relation to Goods, the Supplier has, subject to the terms of this condition 5, Extended Liability under clause 5.1 up to a maximum of fifty thousand pounds (£50,000) under the Contract.
5.3 Except for the type of liabilities referred to at clause 5.1 and 5.2 and except for any other matters for which the Supplier’s liability may not by law be restricted or excluded, the Supplier’s total liability in respect of any contractual breach or representation, statement or tortious act or omission arising under or in connection with the Contract (a “Default”) shall not exceed the total sums paid or payable by the Client to the Building Contractor in respect of those Services.
5.4 Not with standing anything else contained in these Conditions (and without limiting the Supplier’s liability in respect of injury to or death of any person caused by any negligent act or omission or wilful misconduct of the Supplier, its employees or sub-contractors), the Supplier shall not be liable to the Client for: any losses which are not foreseeable by both parties when the Contact is formed arising in connection with the supply of the Services; any losses which are not caused by any breach by the Supplier or its sub-contractors; or business or trade losses.
5.5 The Supplier shall not be liable to the Client for any loss arising out of any failure by the Client to comply with its obligations under the Contract.
5.6 If a number of Defaults give rise to substantially the same loss then they shall be regarded as the same Default for the purpose of calculating the Supplier’s maximum liability pursuant to condition 5.3.
5.7 If the value of the Goods exceeds the Extended Liability coverage and the Client would like to extend the coverage of the Extended Liability set out in conditions 5.1 and 5.2 to two hundred and fifty thousand pounds (£250,000), then it should inform the Supplier in writing at least fourteen (14) days before the date the Services are due to be performed on. If the Supplier agrees to this extension of the Extended Liability, and subject to payment of any charges which the Supplier quotes to the Client for the provision of the extension of the Extended Liability, the Supplier shall, subject always to the terms set out in condition 5, so extend its liability under conditions 5.1 and 5.2.
5.8 The Supplier shall not be liable under the Contract for any loss, damage or other losses arising out of the Supplier’s performance of the Services in respect of damage and or loss caused by or to: moth or vermin or similar infestation; by cleaning, repairing or restoring unless the Supplier did the work; to any Goods in wardrobes, drawers or appliances, or in a package, bundle, case or other container which are not packed by the Supplier; electrical or mechanical derangement to any appliance, instrument or equipment unless there is evidence of external impact during the Supply of the Services; the goods noted at condition 4.4. In order to benefit from the Extended Liability noted in conditions 5.1 and 5.2:
5.9 The Client must notify the Supplier of any loss of or damage to Goods in accordance with the provisions of condition 7, below. Failure to do so will mean that the Supplier shall not be liable for any such loss or damage;
5.10 The Supplier’s Sub-contractor must have packed the Goods rather than the Client. If the Client packs any of the Goods, the Supplier shall only be liable for any losses due to negligence (whether direct or indirect), resulting from those Goods packed by the Client which are damaged and/or lost to a maximum sum of £40.00 sterling for each of the Goods which may be lost or damaged.
5.11 The Supplier’s liability in respect of Goods which are lost and/or damaged as a result of the performance of the Services shall be limited to the current value of the Goods (including any Items), making due allowance for the age of the Goods, wear and tear and depreciation. For the avoidance of doubt, the current value of the Goods shall not be on a reinstatement as new basis.
5.12 The Client shall indemnify the Supplier against any damages, costs and expenses incurred by the Supplier in respect of its contact with or removal of any goods noted at condition 4.4.
5.13 No employee of the Removal Contractor shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of the Contract.
5.14 If the Client postpones or cancels this Contract, the Supplier may charge according to how much notice is given: more than 10 working days before the Services are due to be performed: NIL payable; less than 10 working days, but more than 8 working days before the Services are due to be performed: 30% of the full removal charge; less than 8 working days, but more than 2 working days before the Services are due to be performed: 60% of the full removal charge; within 48 hours of the commencement of the removal Services: 100% of the full removal charge (the start of the removal is viewed as the first day that the removal crew are due to be present at the Removal Address).
5.15 Where any Item consists of pairs or sets, the Supplier will not be liable to pay more than the value of any particular part or parts which may be lost or damaged, without reference to any special value which such part or parts may have as part of a pair or set, nor more than a proportionate part of the value of the pair or set. [The Supplier shall not be liable for the first one hundred pounds (£100) of loss or damage to Goods.]
5.16 The Supplier shall not be liable for any damage to premises or property other than goods unless it (and/or its Sub-contractor) has been negligent.
5.17 If the Supplier (and/or its Sub-contractor) causes damage as a result of moving Goods under the Client’s express instruction, against the Supplier’s advice (and/or the advice of its Sub-contractor), the Supplier shall not accept liability for any loss or damage arising therefrom unless it has been negligent.
5.18 If the Supplier (or its Sub-contractor) is responsible for causing damage to the Client’s premises or to property other than Goods submitted for removal and/or storage, the Client must note this on the worksheet or delivery receipt to the extent that such damage is apparent on a reasonable examination. Such examination is of the essence of the Contract.
6. Delay or failure to perform
6.1 The Supplier shall not be liable to the Client if it is prevented or delayed in the performing of any of its obligations to the Client if this is due to any cause beyond the Supplier’s reasonable control including (without limitation): failure by the Client to be present at the Removal Address and/or the Property (and/or failure to collect the keys for the same, for whatever reason); an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission.
7. Time limit for claims
7.1 In respect of delivered Goods, the Client must note any visible loss, damage or failure to deliver any goods at the time of delivery.
7.2 Claims for loss of or damage to Goods must be notified to the Supplier 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 (or non-delivery in the case of lost Goods) of the Goods by the Supplier, as the case may be.
7.3 Upon the Client’s written request, the Supplier may at its discretion (acting reasonably) agree to extend the Client’s time for compliance with the notification period set out in this condition 7 PROVIDED THAT the Client’s request is received within the time limits provided for above.
8. Storage of Goods
8.1 All conditions relating to the packing and delivery of the Goods in the Contract shall apply to any storage Services which the Supplier agrees to provide under the Contract.
8.2 The Supplier may review and increase or decrease the storage charges periodically. The Client will be given twenty eight (28) days notice in writing of any changes to the charges.
8.3 The Client must provide the Supplier with a correspondence address for letters and notify them if it changes. All correspondence and notices will be considered to have been received by the Client in accordance with condition 9 after posting to the last address recorded by the Supplier for the Client.
8.4 Where the Supplier produces a list of the Client’s Goods or a receipt and sends it to the Client, it will be deemed as being accurate unless the Client writes to the Supplier within seven (7) days of receipt, notifying it of any errors or omissions.
9. Notices
9.1 All notices to be given under the Contract shall be in writing and shall be delivered by hand or sent by registered post or facsimile to the party concerned at the address set out in the Contract or such other address as one party may from time to time designate by written notice to the other. Any such notice or other document shall be deemed to have been received by the addressee if delivered, upon delivery; if posted, on the second working day following the date of posting; and if sent by facsimile, when the communication is transmitted to the recipient’s fax number PROVIDED THAT a copy of the communication is sent by registered post or delivered by hand as soon as practicable thereafter.
10. General
10.1 As a Consumer, there are certain terms implied into the Client’s Contract which the Supplier cannot exclude or limit. For example, under the Supply of Goods and Services Act 1983 (as amended) the Supplier must ensure that the Services are performed with reasonable skill and care. Nothing in this Contract affects these statutory rights.
10.2 The Contract shall be binding upon and ensure to the benefit of the parties and the legal successors of the Supplier but shall not be assignable by the Client without the prior written consent of the Supplier. The Supplier may sub-contract all or any part of its obligations under the Contract without the consent of the Client provided that the Supplier shall remain liable for the acts and/or omissions of its Sub-contractors.
10.3 No waiver by the Supplier of any breach of these Conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. Any waiver must be in writing to be effective.
10.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
10.5 A person who is not a party to the Contract has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
10.6 The Contract is governed by the laws of England and the English courts shall have exclusive jurisdiction to resolve any disputes arising as a result of or in connection with it.
Updated: May 2018