Adrians Removals
TERMS & CONDITIONS
A) This Agreement shall be interpreted and construed exclusively under the laws of England,
Wales, Scotland and Ireland and the laws of England shall prevail in the event of any conflict
of law. You hereby consent to such jurisdiction.
B) These terms and conditions of business set out the basis upon which Adrians Removals
will arrange removals and/or storage of your goods with ourselves or with a nominated
Removals Contractor on your behalf. They contain provisions which exclude and/or limit
Adrians Removals liability for loss and/or damage to your goods and also set out provisions
governing insurance of those goods.
C) Where these conditions use the word ‘you’ or ‘your’ it means you as the removal customer,
Adrians Removals means Adrians Removals as defined at the end of this page or a
Removals Contractor referred by us whose services you accept. You are particularly referred
to clause 3 (regarding insurance) clause 8 (exclusions and limitations of liability) and clause
12 (for damages to premises or property other than the removed goods). The removal
conditions also contain time limits for claiming against a Adrians Removals (see clause 10).
1. The Quotation
The removal quotation issued by Adrians Removals (“the quotation”) is a fixed price. Unless
otherwise stated, it does not include insurance, customs duties and inspections or any other
fees payable to government bodies. Adrians Removals may change the quoted price for the
removal or make additional charges if any of the following have not been taken into account
when preparing the quotation or, if separately confirmed by Adrians Removals in writing:-
• (a) You do not accept the quotation in writing within 28 days, providing at the time of
acceptance a firm removal date which Adrians Removals agrees in writing.
• (b) By reason of your delay, the removal is not carried out or completed within three
months of the date of acceptance of the quotation.
• (c) Adrians Removals’ costs increase (or decrease) because of currency fluctuations
(where applicable) or changes in taxation or freight charges for reasons beyond their
control.
• (d) The work is carried out on a Weekend or Bank Holiday at your request.
• (e) Adrians Removals has to collect or deliver goods from/to above the ground and
first upper floor of a property.
• (f) Adrians Removals supply any additional services not included or requested to be
included in the quotation, including moving or storing extra goods (these conditions
will apply to such work in any event).
• (g) The stairs, lifts or doorways at the property are inadequate for free movement of
the goods without the need for mechanical equipment or structural alteration, or the
approach, road or drive to the property is unsuitable for Adrians Removals’ vehicles
and/or containers to get to and load and/or unload within 20 metres of the doorway,
and as a result Adrians Removals have to carry out extra work not included within the
quotation.
• (h) Any parking or other fees or charges that have to be paid by Adrians Removals in
order to carry out the removal services on your behalf.
• (i) There are delays or events outside Adrians Removals reasonable control.
• (j) Adrians Removals are asked to agree in writing to increase their limit of liability (as
set out in clause 8 of these conditions).
In all these circumstances a revised quotation will be put forward and, if agreed, you will pay
the adjusted charges.
2. Work not included in the quotation
Unless agreed by Adrians Removals, in writing, they will not, as part of the quoted removal
services:
• (a) Dismantle or assemble unit or system furniture, fitments or fittings.
• (b) Disconnect or reconnect appliances, fixtures, fittings or equipment.
• (c) Take up or lay fitted floor coverings.
• (d) Move storage heaters, unless they are dismantled.
• (e) Move items from a loft or cellar, unless properly lit, and floored and safe access is
provided.
• (f) Move or store any items excluded under clause 4 of these conditions.
• Adrians Removals staff will not be authorised or qualified to carry out such work. It is
recommended that a properly qualified person is separately employed by you to carry
out these services, if required.
3. Your responsibility
It will be your sole responsibility to:
• (a) Declare to Adrians Removals the value of the goods being removed and/or stored.
• (b) If any insurance cover offered by Adrians Removals in the quotation and is not
accepted (and paid for in advance of the start of the removal) arrange adequate
insurance cover for the goods submitted for removal, and/or storage, against all
insurable risks,
• (c) Obtain at your own expense, all documents, permits, licences, and/or customs
documents necessary for the removal to be completed.
• (d) Be present or represented throughout the removal.
• (e) Take all reasonable steps to ensure that nothing that should be removed is left
behind and nothing is taken away in error.
• (f) 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.
• (g) Prepare and properly stabilise all appliances or electronic equipment prior to their
removal.
• (h) Empty, properly defrost and clean refrigerators and deep freezers. Adrians
Removals are not responsible for the contents of this equipment.
• (i) Provide House to Home and Adrians Removals with a contact address for
correspondence during removal, and/or storage of goods.
Other than by reason of Adrians Removals negligence, they will not be liable for any loss or
damage, costs or additional charges that may arise from any of these matters.
4. Goods not to be submitted for removal or storage
The following items are specifically excluded from this contract unless otherwise agreed as
below.
• (a) Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities,
stamps, coins, or goods or collections of any similar kind.
• (b) Prohibited or stolen goods, drugs, potentially dangerous, damaging or explosive
items, including gas bottles, aerosols, paints, firearms and ammunition.
• (c) Plants or goods likely to encourage vermin or other pests and/or plants or goods
likely to cause infestation.
• (d) Refrigerated or frozen food, drink, products or goods.
• (e) Any animals and their cages or tanks including pets, birds or fish.
• (f) Goods which require a special licence or government permission for export or
import.
Such goods will not be removed by Adrians Removals except with their prior written
agreement. In the event that they do remove such goods, Adrians Removals will not accept
liability for loss or damage wholly or mainly attributable to the special nature of the goods
concerned. If you submit such goods without Adrians Removals knowledge and prior written
agreement they will not be liable for any loss or damage and you will indemnify Adrians
Removals against any charges, expenses, damages or penalties claimed against them. In
addition, Adrians Removals shall be entitled to dispose of (without notice) any such goods
which are listed under paragraphs 4(b), 4(c) or 4 (d).
5. Ownership of the goods
By entering into this contract, you declare that:
• (a) The goods to be removed and/or stored are your own property, or
• (b) 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.
You will meet any claim for damages and/or costs against Adrians Removals if these
declarations are not true.
6. Charges if you postpone or cancel the removal
If you postpone or cancel this contract, Adrians Removals may charge according to how
much notice is given. Notification must be in writing by recorded delivery or electronic medium
that can provide proof of time and date stamp.
• (a) More than 14 working days before the removal was due to start: Nothing payable.
• (b) Less than 14 working days, but more than 7 working days before the removal was
due to start: 30% of the full removal charge.
• (c) Less than 7 working days, but more than 2 working days before the removal was
due to start: 60% of the full removal charge.
• (d) Within 48 hours of the start of the removal, 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 property)
7. Paying for the Removal
Unless otherwise agreed by Adrians Removals in writing:
• (a) Payment is required, by cleared funds in advance of the removal or storage
period.
• (b) You may not withhold any part of the agreed price.
8. Our liability for loss or damage
For the purposes of this clause, reference to an item is reference to any one article, suite,
pair, set, complete case, carton, package or other container.
• (a) Adrians Removals liability for loss or damage is limited. This is set out in clause
8(a)(i) below. You may request Adrians Removals increase their liability, as set out in
clause 8(b) below. This is subject to their express written agreement in advance of
carrying out the removal and/or storage and payment of any additional charges.
• (i) In the event of Adrians Removals losing or damaging your goods, if they are liable,
Adrians Removals will pay you up to a maximum sum in line with their insurance
(currently £50,000) subject to the normal Insurance Company terms and conditions. If
you require a higher cover you must arrange it (or we can help with this). This clause
does not apply to business referred to other removals contractors and you should
check their policy and cover level, Adrians Removals accepts no liability or
responsibility in this case.
• OR
• (ii) Adrians Removals, in their sole discretion, may choose to repair or replace the
damaged item. If an item is repaired Adrians Removals will not be liable for
depreciation in value.
• (b) Subject to receiving your itemised (and valued) inventory with a request in writing
for Adrians Removals to increase their liability (above that set out in clause 8(a)
above), prior to the removal and/or storage commencing, Adrians Removals may
offer to extend their maximum liability to the value declared by you to them. An
additional charge for the removal/storage is likely. This is not an insurance on the
goods and you are strongly advised to accept the insurance offered in Adrians
Removals quote (if any) or if arranging insurance cover yourself, you are advised to
show this contract to your insurance company.
• (c) Other than by reason of Adrians Removals negligence, they will not be liable for
any loss, damage or failure to produce or deliver the goods if this is caused by one or
other of the circumstances set out in the following:
I. By fire, howsoever caused.
II. 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 Adrians Removals reasonable control.
III. 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.
IV. By moth or vermin or similar infestation.
V. By cleaning, repairing or restoring unless Adrians Removals did the work.
VI. To any goods in wardrobes, drawers or appliances, or in a package, bundle, case
or other container not both packed and unpacked by Adrians Removals.
VII. For electrical or mechanical derangement to any appliance, instrument or
equipment unless there is evidence of external impact.
VIII. To jewellery, watches, trinkets, precious stones or metals, money, deeds,
securities, stamps, coins, or goods or collections of a similar kind, howsoever caused,
unless you have previously given Adrians Removals full particulars with value, and
they have confirmed in writing that they accept responsibility as in conditions 8(a) or
8(b) above.
IX. To any goods which have a relevant proven defect or are inherently defective.
X. To animals and their cages or tanks including pets, birds or fish.
XI. To plants.
XII. To refrigerated or frozen food, drink, products or goods.
• (d) Other than by reason of Adrians Removals negligence, Adrians Removals will not
be liable for damages or costs resulting indirectly from, or as a consequence of loss,
damage, or failure to produce the goods.
• (e) No employee of Adrians Removals shall be separately liable to you for any loss,
damage, mis-delivery, errors or omissions under the terms of this contract.
9. Extra conditions
Extra conditions that apply to removals to/from a foreign country outside the United Kingdom:
For goods destined to, or received from a place outside the United Kingdom.
• (a) Adrians Removals will accept liability only for loss or damage to goods when they
are in Adrians Removals actual possession, and if it can be proven that they were
negligent. In such circumstances, Adrians Removals will accept liability as in
condition 8(a)(i) or 8(b) above. Adrians Removals are not liable for any loss, damage
or failure to produce the goods if it is caused by those circumstances set out in
condition 8(c) above.
• (b) Where Adrians Removals engages an international transport operator, shipping
company or airline, to convey your goods to the place, port or airport of destination,
they do so on your behalf and subject to the terms and conditions set out by that
carrier. By agreeing to these terms you confirm their availability to appoint such party
on your behalf.
• (c) If the carrying vessel/conveyance, should for reasons beyond the carrier’s control,
fail to deliver the goods, or route them to a place other than the original destination,
you may have limited recourse against the carrier, and may be liable for General
Average contribution (e.g. the costs incurred to preserve the vessel/conveyance and
cargo) and salvage charges (eg. charges payable to a person who saves those
goods), or the additional cost of onward transmission to the place, port or airport of
destination. These are insurable risks and if appropriate it is your responsibility to
arrange adequate marine/transit insurance cover. These risks will not be insured by
Adrians Removals.
• (d) Adrians Removals do not accept liability for goods confiscated, seized or removed
by Customs Authorities or other Government Agencies.
• (e) All loads that are based on a shared container or shared vehicle are subject to
additional terms, delivery times cannot be guaranteed and any dates or times given
should be used for the purpose of guidance only. If time scales are quoted in days
then this is calculated on working days and excludes Saturday, Sunday or any bank
holiday in both the UK and country of delivery.
10. Time limit for claims
• (a) For goods which Adrians Removals deliver, you must note any visible loss,
damage or failure to produce any goods at the time of delivery.
• (b) If you or your agent collect goods from Adrians Removals warehouse, you must
note any loss or damage at the time the goods are handed to you, requesting that
Adrians Removals acknowledges and confirms your note.
• (c) Notwithstanding clause 8, Adrians Removals will not be liable for any loss of or
damage to the goods unless a claim is notified to Adrians Removals (or their foreign
correspondent if condition 9 applies) 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 Adrians Removals, as the
case may be.
• (d) The time limits referred to in clauses 10(a), 10(b) and 10 (c) above shall be
essential to the contract.
• (e) Upon your written request, Adrians Removals may at their discretion agree to
extend your time for compliance with clause 10 (c), PROVIDED your request is
received within the time limits provided for above. Subject to this proviso Adrians
Removals will not unreasonably refuse such a request.
11. Delays in transit
• (a) Other than by reason of Adrians Removals negligence, they will not be liable for
delays in transit.
• (b) If through no fault of Adrians Removals they are unable to deliver your goods, e.g.
late arrival of keys to the property/ies preventing completion of the removal service on
the allocated day, Adrians Removals will take them into store. The contract will then
be fulfilled and any additional service(s), including storage and delivery, will be at
your expense.
• (c) If through no fault of Adrians Removals they are unable to complete the removal
services on the stated delivery date due to delay on your part Adrians Removals may
be entitled to ask for additional charges, such as for extra waiting time.
12. Damage to premises or property other than goods
• (a) Adrians Removals will not be liable for any damage to premises or property other
than goods submitted for removal and/or storage unless they have been negligent.
• (b) If Adrians Removals cause damage as a result of moving goods under your
express instruction, against Adrians Removals advice, and to move the goods in the
manner instructed will inevitably cause damage, they shall not accept that they were
negligent.
• (c) If Adrians Removals 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. This is essential to the contract.
13. Right to Hold the Goods (lien)
Adrians Removals shall have a right to withhold and/or ultimately dispose of some or all of the
goods until you have paid all Adrians Removals’ charges and any other payments due under
this or any other contract. These include any charges that they have paid out on your behalf.
Whilst Adrians Removals hold the goods without payment you will be liable to pay all storage
charges and other costs incurred as a result of them withholding your goods and these
removal/storage terms and conditions shall continue to apply.
14. Disputes
If there is a dispute arising from this agreement, which cannot be resolved by agreement or
any applicable Alternative Dispute Resolution Scheme, either you or Adrians Removals, may
refer it to Arbitration with disputes being determined by an arbitrator appointed by the
Chartered Institute of Arbitrators. The identity of the Arbitrator to be agreed between you and
Adrians Removals. This contract to be subject to the law of the Country in which Adrians
Removals principal place of business is situated.
15. Sub-contracting the work
• (a) Adrians Removals reserve the right to sub-contract some or all of the work.
• (b) If Adrians Removals sub-contract, then these conditions will still apply.
16. Route and method
• (a) Adrians Removals have the full right to choose the route for delivery.
• (b) Unless it has been specifically agreed in writing on the Quotation, other
space/volume/capacity on Adrians Removals vehicles and/or the container may be
utilised for consignments of other customers.
17. Advice and information
Advice and information in whatever form it may be given is provided by Adrians Removals for
their customer only. Any oral advice given without special arrangement is provided
gratuitously and without contractual liability.