These conditions explain the rights, obligations, and responsibilities of all parties to this Agreement. Where we use the word 'You' or 'Your' it means the Customer: 'We', 'Us' or 'Our' means the Top Removals Edinburgh Ltd

1- Our services & Quotation

* Our Quotation is valid for 15 days from the date of issue. Unless already included in Our Quotation, reasonable additional charges will apply in the following circumstances:

* If the work does not commence within 30 days of acceptance;

* The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal hours (08.00-20.00hrs) at your request.

* We have to collect or deliver goods at Your request above the ground floor and first upper floor.

* We supply any additional services, including moving or storing extra goods (these conditions apply to such work).

* We have to pay parking or other fees or charges (including fines where you have not arranged agreed suspension of parking restrictions) in order to carry out services on Your behalf.

* For the purpose of this Agreement parking fines for illegal parking, caused by Our negligence, are not fees or charges and You are not responsible for paying them.

* There are delays or events outside Our reasonable control which increase or extend the resources or time allowed to complete the agreed work.

* We agree in writing to increase Our limit of liability set out in Clause 8 prior to the work commencing;

* You agree to pay any reasonable charges arising from the above circumstances.

* (Charge for waiting time for the new key). Unless agreed and included in Our quotation, there are delays outside our reasonable control in which event we will make an additional charge due to unforeseen circumstances (eg: waiting for keys or gaining entry, incorrect addresses, removal of windows, doors and so on). The charge is £80 per hour for each van engaged in your removal.

* .House Swaps: If your removal is a house swap we cannot be held responsible for delays either at the pickup or destination address if the home is still occupied. The same applies if we cannot load or unload items or are delayed by any other problems. In this instance, we will charge you £80 per hour for each van engaged in your removal (this is for additional time only) on top of any fixed price you were originally quoted.

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

* Pianos and Heavy Objects: If your move includes a piano or other heavy object we require notice long in advance, especially if there are stairs involved. In the event that you do not, we may have to charge you extra for hiring extra hands on short notice.

* 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 two working day of our receipt of your acceptance of our quotation.

2- Work not included in the quotation

Unless agreed by us in writing, we will not:

* Disconnect, re-connect or re-assemble appliances, fittings or equipment.

* Take up or lay fitted floor coverings.

* Move items from a loft, unless properly lit and floored and safe access is provided.

* Move or store any items excluded under Clause 4.

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

* Move night storage heaters unless they are dismantled.

* Our staff are not authorised or qualified to carry out such above works. We recommend that a properly qualified person is separately employed by You to carry out these services.

* 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- Your responsibility

* Arrange adequate insurance cover for the goods submitted for removal transit and/or storage, against all insurable risks as Our liability is limited under clause 8 and 11.

* Obtain at Your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.

* Be present or represented throughout the collection and delivery of the removal.

* Where We provide You with inventories, receipts, waybills, job sheets or other relevant documents You will ensure that they are signed by You or Your authorised representative as confirmation of collection or delivery of the Goods.

* 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 adequately and stabilise all appliances or electronic equipment prior to their removal.

* Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.

* Ensure that all domestic and garden appliances, including but not limited to washing machines, dish washers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them;

* Provide Us with a correct and up to date contact address and telephone number during removal transit and/or storage of goods.

* Access Problems: If we cannot move a piece of furniture due to alterations to your property, it is your responsibility to hire a third party to make any those adjustments (widening door frames, removing windows, removing doors etc).

* We will not move anything if the access is extremely awkward or dangerous, or if we feel damage will be caused to your property unless you explicitly tell us to do so.

* We advise against anything that could damage your property, and cannot be held liable if you decide otherwise and damage is caused under these circumstances.

* It is your responsibility to ensure heavy and awkward furniture is flat packed whenever possible (if your furniture was flat packed when you purchased it then please ensure it is flat packed prior to our arrival).

* Boxes should weigh no more than 25 kg. We may refuse to lift boxes heavier than this weight as to avoid injury or damage.

* It is essential that you disclose any information regarding stairs, awkward access, or long walks to the van etc prior to our arrival. Failure to do so may result in extra been charged at the end of your removal.

* If you are moving to a house, please disclose any information regarding stairs and floors, We may refuse to lift large and heavy items to upper floors, unless agreed before moving day. Failure to do so may result in extra been charged at the end of your removal.

* Please make sure that access into your new property can accommodate your goods. We are not responsible for any items that will not fit into your new home such as furniture, pianos, bed frames, large wardobe etc.

* Children & Pets: Please ensure pets and children are kept well away during your removal as injury can occur. This is your responsibility.

* Arrange appropriate transport, storage or disposal of goods listed in clause 4

* 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- Goods not to be submitted for removal or storage

Unless previously agreed in writing by a director or other authorised 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 Clause 4 below may present risks to health and safety and of fire. Items listed under Clause 4 below carry other risks and You should make Your own arrangements for their transport and storage.

* Potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition..

* Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, mobile telephones, portable media and computing devices, stamps, coins, or goods or collections of any similar kind.

* Goods likely to encourage vermin or other pests or to cause infestation or contamination.

* We shall notify you in writing as soon as practicable if any of the Goods, are in Our opinion hazardous to health, dirty or unhygienic or likely to attract vermin or pests and under what conditions we would be prepared to accept such Goods or whether we refuse to accept them. Should we refuse to accept the goods We will have no liability to You.

* Perishable items and/or those requiring a controlled environment.

* Refrigerated or frozen food or drink.

* Any animals, birds, fish, reptiles or plants.

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

* Goods which require special licence or government permission for export or import.

* Under no circumstances will Prohibited or stolen goods, drugs or pornographic material be moved or stored by Us.

* 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 may apply for a court order to dispose of any such goods found in the consignment. You agree to pay Us any charges, expenses, damages, legal costs or penalties reasonably incurred by Us in disposing of the goods.

5- Ownership of the goods

By entering into this Agreement, you guarantee that:

* The goods to be removed and/or stored are Your own property, or the goods are Your property free of any legal charge; or

* You have the full authority of the owner or anyone having a legal interest in them 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.

* If at any time following the implementation of this agreement to its termination another person has or obtains an interest in the goods You will advise Us of their name and address in writing immediately.

* You will provide a full indemnity and pay Us in respect of any claim for damages and/or costs brought against Us if statement made in 5 is untrue.

* If You wish to transfer responsibility of this Agreement to a third party You will 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.

6- Charges if You postpone or cancel the removal

* If You postpone or cancel this Agreement, We reserve the right to charge you a reasonable postponement or cancellation fee according to how much notice is given as set out below.

* "Working days" refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays.

* More than 10 working days before the removal was due to start: 20% of the paid booking deposit as administration fee.

* Between 5 – 9 working days before the removal was due to start: 40% of the paid booking deposit.

* Between 3 – 4 working days before the removal was due to start: 65% of the paid booking deposit.

* Two days before the removal was due to start: 80% of the total invoice.

* Within 24/h of the removal day: 100% of the total invoice.

7- Payment

* Unless otherwise agreed by Us in writing, payment of 50% is required as deposit upon acceptance of the contract and in full one day before the removal.

* Unless you have our written agreement to the contrary you must pay our charges so we have cleared funds the day before commencement of the removal.

* If you booked a service on Sundays, you must pay our charges by cleared funds on Friday.

* Payment can be made by bank transfer or will be taken from the debit/credit card details. We do accept cheques or cash.

* For hourly priced jobs: prices are charged for the started hour and NOT when the hour completes. For example, if the removal time runs into the third hour –say 2 hours 10 minutes – the customer will be charged for 3 hours.

* For all hourly removals the minimum hourly payment required as deposit to confirm the booking

* In default of such payment We reserve the right to refuse to commence removal or storage until such payment is received.

* In respect of all sums which are overdue to us, We will charge interest on a daily basis calculated at 4% per annum. is charged on all overdue accounts.

* All discussions regarding payment must be with an authorized representative of the Company and not with the Staff carrying out the removal or storage.

* We reserve the right to set off any charges which might otherwise be due to you, any sums due to us from you in relation to the contract or any other contract between you and us.

8- Our liability for loss or damage

* We do not know the value of Your goods 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 as stated in Condition 1 (Our Quotation).

* Unless otherwise agreed in writing if we are negligent or in breach of contract We will pay You up to £100 or its actual value whichever is less, for each item which is lost or damaged as a direct result of any negligence or breach of contract on Our part. 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.

* 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.

* We will only 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.

* We do not accept liability for goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless such confiscation, seizure, removal or damage arose directly as a result of Our negligence or breach of contract.

* For the purposes of this Agreement an item is defined as:

* The entire contents of a box, parcel, package, carton, or similar container; and

* Any other object or thing that is moved, handled or stored by us.

9- Damage to premises or 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 loss or damage. therefore, Our liability is limited as follows:

* 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.

* 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.

* 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

* 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

* We will not be liable for any loss of, damage to, or failure to produce the following goods:

* Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones.

* Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination

* Perishable items and/or those requiring a controlled environment.

* Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds. Any animals, birds or fish.

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

* We shall not be liable for delays or failures to provide the services under this Agreement, hostilities (whether wares declared or not), adverse weather, third party industrial action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control.

* 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:

* 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

* Moth or vermin or similar infestation.

* Cleaning, repairing or restoring unless We arranged for the work to be carried out.

* Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water.

* 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.

* 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.

* For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.

* For any goods which have a pre-existing defect or are inherently defective.

* For perishable items and/or those requiring a controlled environment.

* Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board. For items referred to in Clause 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.

* Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised representative (see Clause 11 below).

* 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

* (b) such loss or damage is not a reasonably foreseeable result of any such breach.

11- Regular Liability

* 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:

* 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, taking into account the age and condition of the goods immediately prior to their loss or damage but subject to a maximum liability of £20,000 (unless we have agreed a higher amount with you).

* 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.

* Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.

* Any liability under clause 8 above is expressly subject to all or any other applicable exclusions set out elsewhere in this agreement.

12- Time limit for claims

* If You or Your authorised representative collect the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.

* For goods which We deliver, You must give Us detailed notice in writing of any loss and damage (including pictures) within two days of delivery by Us (this is a requirement of insurers). We may agree to extend this time limit upon receipt of Your written request provided such request is received within two (2) days of delivery. Consent to such a request will not be unreasonably withheld.

13- Delays in transit

* Other than by reason of Our negligence or breach of contract, We will not be liable for delays in transit.

* 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.

* Any transit times quoted by Us are estimated and based upon information known to Us at the time. Transit times may vary due to a number of factors outside Our control including but not limited to changes in sailing or departure dates made by the freight/shipping company, changes in the routes used by the freight/shipping company and port congestion. We will advise You of any material changes to the transit times as soon as We become aware. We will not be liable for any loss or damage incurred by You as a result of delays in transit time unless directly attributable to Our negligence or breach of contract.

14- Our Right to Hold the Goods (lien)

* "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) reasonably incurred by Us in recovering Our charges and applying Our right of lien. These terms and conditions shall continue to apply.

15- Our right to sub-contract the work

* We reserve the right to sub-contract some or all the work.

* If We sub-contract, then these conditions will still apply.

16- Route and method

* We have the right to choose the method and route by which to carry out the work and the location in respect of storage.

* 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 utilised for consignments of other customers.

17- 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.

18- The 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.

19- Jurisdiction

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

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