Roberts and Dennys
(London) Ltd Terms and
Conditions approved by the
National Guild of Removers &
Storers Ltd

These conditions set out the
terms of the contract between the
Removal and/or Storage
Contractor (“the Contractor”) and
you (“the Customer”) and explain
your rights and obligations and
responsibilities and those of the
Contractor.

1. Interpretation

1.1 Any reference in these
conditions to “we” or “us” is a
reference to the Contractor.
Any reference in these
conditions to “you” is a reference
to the Customer.
“Goods” means the goods
being removed and/or stored.

2. Quotations

2.1 Quotations include Value
Added Tax but do not include
any other customs duties levies
or fees payable to government
or other statutory bodies and all
such duties or fees (if any) will
be payable by you in addition
to the quoted price.

2.2 Although we quote a fixed
price we reserve the right to
amend it or make additional
charges if any of the following
have not been considered
when preparing the quotation: –

2.2.1 If due to any circumstances
outside our control the work is
not carried out or completed
within three months of the
quotation date.

2.2.2 Our costs increase because
of currency fluctuations or
changes in taxation or freight
charges beyond our control.

2.2.3 We must collect or deliver
Goods above the first upper floor.

2.2.4 We supply any additional
services.

2.2.5 There are delays outside
our reasonable control in which
event we will make additional
charges calculated in
accordance with our standard
rates applicable at the time.

2.2.6 Access to the collection or
delivery point is inadequate or the
approach is unsuitable for our
vehicles.

2.2.7 Any parking or other fees or
charges that we must incur and
pay in order to carry out the
services you require. In all
these circumstances you will
be responsible for the extra
charges.

2.3 Our quotation is not a
guarantee that we have
vehicles available on the day
you require. Accordingly, your
signed acceptance of our
quotation does not constitute a
contract between us until you
have our written confirmation
that we can move your Goods
on your required date. We will
send our written confirmation
within one working day of our
receipt of your acceptance of
our quotation.

3. Work excluded from our
quotations
Unless previously agreed in
writing we will not: –

3.1 Dismantle or assemble unitfurniture
(flat-pack), fittings or
fitments.

3.2 Disconnect or reconnect
appliances, fittings or equipment.

3.3 Remove or lay fitted floor
coverings.

3.4 Take down or re-hang
curtains, blinds or other window
coverings.

3.5 Move night storage heaters
unless they are dismantled.

3.6 Move or store any items
excluded under Clause 4.

3.7 Move any item or items which
our removal crew reasonably
believe they cannot move
safely or the removal of which
may damage the item or items
in question or its or their
surroundings.

3.8 Clear driveways or other
access areas (at either
collection or delivery address)
from snow or ice or other
materials.

4. Excluded Property
The following items are
specifically excluded from this
contract and will not be removed:

4.1 Jewellery, watches, trinkets,
precious stones, money,
deeds, securities, stamps,
coins, or goods or collections of
a similar kind.

4.2 Potentially dangerous,
damaging or explosive items.

4.3 Goods likely to encourage
vermin or other pests or to cause
infection.

4.4 Refrigerated or frozen food
or drink.

4.5 Any animals and their cages
or tanks including pets, birds or
fish.

4.6 Cars, boats and caravans.

4.7 Furs, perfumery, wines,
spirits, tobacco, cigars,
cigarettes, foodstuffs,
perishable goods or any kind of
explosives.Such goods will not be
removed by us except without
prior written agreement. If you
submit such goods without our
knowledge and prior written
agreement we will not be liable
for any loss or damage except
when death or injury is caused
by our negligence or that of our
employees or agents and you
will indemnify us against any
charges, expenses, damages
or penalties claimed against us
by third parties. In addition, we
shall be entitled to dispose of
(without notice) any such
goods which are listed under
paragraphs 4.2, 4.3, 4.4, 4.5, &
4.7.
4.8 Breakage of owner packed
property unless the box or
container shows signs of external
damage.

5. Customer’s responsibility

It is your sole responsibility to: –

5.1 Declare to us the proper
value of the Goods.

5.2 Obtain at your expense all
documents necessary for the
removal to be completed.

5.3 Be present yourself or appoint
a representative at the
departure and destination
points to ensure that nothing is
removed or left in error or is left
in the wrong room.

5.4 Prepare adequately and
stabilise all appliances prior to
their removal.
Other than by reason of our
negligence we will not be liable
for any loss or damage, costs
or additional charges that may
arise from any of these
matters.

6. Ownership of the goods
By entering into this contract
you confirm to us that:-

6.1 The Goods are your own
property; or

6.2 You have the authority of the
owner of the property to make
this contract in respect of the
Goods.You will be responsible to pay
for any claim for damages
and/or costs against either of
the above if this proves to be
untrue.

7. Postponements/Cancellations

7.1 If you postpone or cancel this
contract we reserve the right
entirely at our own discretion
according to how much notice
you provide prior to the agreed
removal date: –

Between 8-14 days 25% of the
total charges.

Between 4-7 days: 50% of
the total charges.

3 days: 75% of the total
charges.

Between 1-2 days: 90% of the
total charges.

Less than 24 hours: 100% of
the total charges.

7.2 Condition 7.1 will not apply if
you elect to take any removal
postponement/cancellation
protection waiver for which we
have quoted.

8. Payment of Removal Charges

Unless you have our written
agreement to the contrary you
must pay our charges, so we
have cleared funds in advance
of the removal. Unless we
agree otherwise, you may not
withhold any part of the agreed
price. Interest at 2% per month
calculated on a daily basis, is
charged on all overdue
accounts.
We reserve the right to
terminate this contract if
payment is not received before
the removal date, and not to
carry out any services quoted
for. Failure to comply with our
payment terms will also mean
that we will not insure our
liability for the goods

9. Our liability for loss or damage

9.1 Restricted liability

9.1.1 If you do not provide us with
a declaration of value of your
goods or you do not require us
to accept Regular Liability pursuant to
clause 9.2 below, then if we
lose or damage your goods
through our negligence or our
breach of contract, we will pay
you up to a maximum of £40.00
sterling for each item which is
lost or damaged, to cover the
cost of repairing or replacing
that item. In this respect an
item is defined as any one
article, suite, pair, set,
complete case, package,
carton or other container.

9.1.2 We may choose to repair or
replace the damaged or lost
item. However if we choose the
repair the
item we will not be liable for
any depreciation in value.

9.1.3 Other than because of our
negligence, we will not be liable
for any loss, damage or failure to
deliver the goods if it is
caused by any of the following
circumstances:

9.1.4 Fire howsoever caused.

9.1.5 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.

9.1.6 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.

9.1.7 Cleaning, repairing or
restoring unless we did the work.

9.1.8 Moth or vermin or similar
infestation.

9.1.9 Electrical or mechanical
derangement to any appliance,
instrument or equipment unless
there
is evidence of external
impact.

9.1.10 Additionally we will not
be liable for any loss of or
damage to:

9.1.11 Any goods in wardrobes,
drawers or appliances, or in a
package, bundle, case or other
container
not packed by us.

9.1.12 Jewellery, watches,
trinkets, precious stones or
metals, money, deeds,
securities, stamps, coins, or
goods or collections of a
similar kind, unless you have
previously given us full
information including value,
and we have confirmed in
writing that we will accept
responsibility

9.1.13 Goods which have a
relevant proven defect or are
inherently defective.

9.1.14 Animals and their cages
or tanks including pets, birds or
fish.

9.1.15 Plants.

9.1.16 Refrigerated or frozen
food or drink.

9.1.17 Unit-furniture (flat-pack)
and any failing of its associated
parts.

9.1.18 Other than because of
our negligence, we will not be
liable for damages or costs
resulting indirectly from, or as
a consequence of loss,
damage, or failure to deliver
the goods.

9.2 Regular Liability

9.2.1 If you provide us with a
declaration of the value of
your goods and you agree to
pay an additional charge the
amount of our liability to you
will be as follows:

9.2.1.1 In the event of loss or
damage caused by our
negligence or breach of
contract, our liability to you will
be assessed as a sum
equivalent to the cost of their
repair or replacement,
considering the age and
condition of the goods
immediately prior to their loss
or damage but subject to a
maximum liability of £50,000
(unless we have agreed a
higher amount with you).

9.2.1.2 Where the lost or
damaged item is part of a pair
or a set, our liability to you,
where it is assessed to be the
cost of replacement of that
item, it 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.

9.3 Any liability under clause 9.1
or 9.2 above is expressly
subject to all or any other
applicable exclusions set out
elsewhere in this agreement.

9.4 For goods going into our
storage facility we need a full
inventory of all goods, with
values listed for items
currently valued £1,000.
Failure to correctly declare
your goods will limit their
value to intrinsic value only.

10. Delays in transit

10.1 Unless we give a
specifically agreed written
timescale then arrival and
departure times are an
estimate only.

10.2 If we do not keep to an
agreed written time scale
schedule and any delay is
within our reasonable control
we will pay your reasonable
expenses which arise
because of our not keeping to
the agreed written time
schedule. If through no fault of
ours we are unable to deliver
your goods, we will take them
into store. This contract will
then be fulfilled and any
additional service(s), including
storage and delivery, will be at
your expense.

10.3 We shall not be in
breach of this agreement nor
liable for delay in performing,
or failure to perform, any of
our obligations under this
agreement if such delay or
failure results from events,
circumstances or causes
beyond our reasonable control
including but not limited to
adverse weather conditions.
In such circumstances we
shall be entitled to a
reasonable extension of time
for performing such
obligations, provided that if
the period of delay or nonperformance
continues for 4
weeks then you may
terminate this agreement,
without penalty by giving not
less than 7 days written notice
to us.

10.3.1 In the event that the
agreement is terminated
under clause 10.3 and we
have part performed any of
our obligations under this
agreement, including but not
limited to a completed or partcompleted
packing service
and/or any storage
requirement, any charges
incurred by us at the time of
your termination under clause

10.3 shall become chargeable
in accordance with our
standard rates applicable at
the time.

10.3.2 In the event of termination
under clause 10.3, any
monies already paid will be
refunded save that we reserve
the right to set off such sums
as are due to us under clause 10.3.1.

10.3.3 We shall not be liable for
any costs or charges you
incur because of the
termination of the agreement
under clause 10.3.

10.4 Delay Waiver
Waiting time waiver is offered to
eliminate additional charges when
waiting for keys. If through no
fault of your own we do not have
access to unload your goods
by 14:00 there are waiting time
charges of £15 per hour per man
of your crew. If we do not have
access to your property by 16:00
we will have to return to our depot
for storage and redeliver on our
next available date at additional
charge.

11. Damage to premises
We shall only be liable for
damage to premises caused
by our negligence. Any
damages to premises must be
noted on the delivery receipt
and confirmed in writing to us
within seven days unless you
request a reasonable
extension which we agree in
writing.

12. Time limits for claims
We will not be liable for any
loss or damage to any goods
unless any claim for loss or
damage is notified to us in
writing by recorded delivery
post or email WITHIN SEVEN
DAYS (this is a requirement of
insurers) of either their
collection by you or delivery
by us to their destination,
unless you request a
reasonable extension which
we agree in writing. Day one
of seven to start the day after
either their collection by you
or delivery by us to their
destination.

13. Our rights to withhold
or dispose of goods
We have a legal right to
withhold or (subject to
complying with the notice
procedure in condition 16.6)
ultimately dispose of some or
all of the goods until you have
paid all our charges and other
payments due under this
contract. These include any
charges that we have paid out
on your behalf. While we hold
the goods and wait for
payment you will be liable to
pay all storage charges and
other costs incurred as a
result of our withholding your
goods and these terms and
conditions will continue to
apply.

14. Disputes

14.1 If there is a dispute
arising from this agreement
which cannot be resolved
either you or we may refer it to
the Conciliation Service
provided by The National
Guild of Removers and
Storers (“the Guild”). A
referral of any matter to the
Guild by us does not affect
your right to pursue the matter
through the Court.

14.2 As a member of the
National Guild of Removers
and Storers we participate in
the Removals Industry
Ombudsman Scheme (“the
Scheme”). If you are not
satisfied with the result of the
Conciliation Service referred
to above you are entitled to
refer the matter to the
Ombudsman subject always
to the rules of the Scheme
from time to time.

15. Sub-contracting the work

15.1 We reserve the right to subcontract
some or all the work
for which we have provided a
quotation without reference to
you.

15.2 If we sub-contract these
conditions will still apply in full.

16. Storage services
The following terms in addition
to all other terms set out in
this document will apply to all
contracts for the storage of
goods: –

16.1 If you require storage
facilities you are obliged to
provide a forwarding address
and notify us in writing if it
changes. All correspondence
and notices will be deemed to
have been received by you
seven days after posting it to
the last forwarding address
recorded by us.

16.2 The manner in which
goods are transported and
whether we use conventional
or containerised storage shall
be within our sole discretion
unless otherwise confirmed in
writing.

16.3 Where we provide an
inventory of goods stored on
your behalf it will be accepted
as accurate unless you
provide us with written notice
of any errors or omissions
within 14 days of our posting
the inventory to you.

16.4 All charges for storage
services are payable in
advance. All our charges
including removal charges
must be paid in full in cleared
funds before any goods are
released from storage and we
shall be entitled to exercise a
lien over those goods until we
receive payment of all
charges due from you to us.

16.5 We review our storage
charges periodically. You will
be given 28 days’ notice in
writing of any increases
following which our revised
rates as notified will apply. We
will always act reasonably in
reviewing our storage
charges.

16.6 On giving you 28 days’
notice we are entitled to
require you to remove your
goods from our custody and
pay all money due to us. Any
such notice will tell you that
we will dispose of your goods
three months thereafter if you
fail to pay all outstanding
sums due to us and, in that
event, we will do so 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.

16.7 If your payments are up to
date we will not end this
contract except by giving you
three calendar months’ notice
in writing. If you wish to
terminate your storage
contract you should give at
least 14 days’ notice. Whilst
we will use reasonable
endeavours to arrange the
release of your goods on the
dates you require, specific
dates cannot be guaranteed.
16.8 If you choose someone else
to collect your goods from our
storage facilities we are
entitled to make a charge for
handing them over.
Our responsibility for such
goods will cease upon their
being handed over to your
chosen representative.

17. Whole agreement

These Terms and Conditions
together with our quotation
are intended to form the whole
agreement between us and to
prevail over any verbal
discussions. Should we
mutually agree to any
variation of these terms such
variation should be confirmed
in writing. Any variation
however agreed shall never
invalidate the remainder of
these Terms and Conditions.

18. Jurisdiction

This contract is subject to the
laws of England and Wales if
our principal place of business
is situated in England or
Wales, or to the laws of
Scotland if our principal place
of business is situated in
Scotland.

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