7.5. Any liability under clauses 7.1 (Limited Liability) or clause 7.4 (Standard Liability) above is expressly subject to all or any other applicable exclusions set out elsewhere in these Terms and Conditions (including clauses 7.2 to 7.3, clause 8, clause 9 and clause 10). 8.

Damage to premises or property other than Goods

8.1 Because the customer themselves, 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:
8.1.1 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 to a maximum limit of £75 per damaged area unless additional quoted evidence is supplied to Us in writing (for the repair costs of the damaged area only) and We agree in our absolute discretion in writing to contribute towards the cost of any such repair works prior to the same being undertaken.
8.1.2 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.
8.1.3 As a strict condition of these Terms and Conditions, if We are responsible for causing damage to Your premises or to property other than Goods submitted for removal, You must note this on the worksheet or delivery receipt as soon as practicable after the damage occurs (and in no circumstances later than the end of the day in which the work was carried out). In the event You do not so notify Us in accordance with this clause, We shall not be held liable for any such damage.

9. Additional exclusions of liability

9.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent. It is Your responsibility to insure Your goods against such perils.
9.2 We shall not be liable for delays or failures to provide the Services under this Agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action, re-scheduled sailing, departure or arrival times, port congestion, pandemic or other such events outside of Our reasonable control.
9.3 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:
9.3.1 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.
9.3.2 Moth or vermin or similar infestation.
9.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
9.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water. OR
9.3.5 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.
9.3.6 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
9.3.7 For any goods which have a pre-existing defect or are inherently defective.
9.3.8 For perishable items (including food and drink whether frozen, chilled or otherwise) and/or those requiring a controlled environment.
9.3.9 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
9.3.10 Breakage of owner packed property unless the box or container shows signs of external damage (and We have acted negligently in relation to such damage).
9.3.11 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 advance in writing the level of cover in relation those specific items and / or how We suggest they should be dealt with (as the case may be) Any such cover will be strictly subject to our terms of insurance and any relevant exclusions or limitations in our policy.
9.3.12 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 has occurred irrespective of the quality of the packing, our liability is limited to £50 or its actual value, whichever is less.
9.3.13 Bonds, manuscripts and documents or electronically held data records, mobile telephones, laptops, desktop computers, tablets, computer network technology and such like.
9.3.14 Plants; and
9.3.15 As to any broken glass coverings on pictures, our liability shall be capped at £25 per picture.
9.3.16 For items referred to in clause 5.
9.4 No employee of Ours shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of these Terms and Conditions.
9.5 Our liability will cease upon handing over the Goods to You or Your authorised representative.
9.6 We will not be liable for any loss or damage caused by Us or Our employees or agents or sub-contractors in circumstances where: (a) there is no breach of this Agreement by Us or by any of Our employees or agents or sub-contractors, or any negligence on Our part or their part; and / or (b) such loss or damage is not a reasonably foreseeable result of any such breach.

10. Time limits for claims

10.1 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 representative or as soon as practicable thereafter, and in no circumstances later than 7 days after collection of the Goods.
10.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage as soon as reasonable practicable following delivery and in any event within 7 days of delivery by Us. In exceptional circumstances, we may agree to extend this time limit upon receipt of Your written request provided such request is received within 7 days of delivery.
10.3 In the event You do not so notify Us in accordance with this clause 10, We shall not be held liable for any such claims and our liability is excluded in that regard to the fullest extent permitted by law.
10.4 For the avoidance of any doubt, it is Your responsibility to check your Goods for any loss or damage which may have occurred during transit.

11. Our rights to withhold or dispose of goods

We have a legal right to withhold or ultimately dispose of some or all of the Goods until You have paid all our charges and other payments due under these Terms and Conditions. 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.

12. Disputes

12.1 If there is a dispute arising from these Terms and Conditions which cannot be resolved either You or We may refer the matter to the Ombudsman subject always to the rules of the Scheme from time to time.
12.2 In the event of any dispute being raised, this does not alter the timescales for payment of our Invoices, which shall remain payable in full. You shall not have any rights of set-off in the event of a dispute.

13. Sub-contracting

13.1 We reserve the right to sub-contract some or all of the Services for which we have provided a quotation without reference to You.
13.2 If we sub-contract these Terms and Conditions will still apply in full.

14. Route and method

14.1 We have the right to choose the method and route by which to carry out the Services.
14.2 Unless it has been specifically agreed otherwise in writing in Our quotation/estimate, other space/volume/capacity on Our vehicles may be utilised for consignments.

15. Inventory

Where You produce a valued list of goods (valued inventory) and send it to Us, it will be accepted as accurate unless you write to Us 48 hours’ prior to the agreed removal date.

16. Whole agreement

These Terms and Conditions together with our quotation/estimate are intended to form the whole agreement between us and to prevail over any verbal discussions or any prior agreements. Should we mutually agree to any variation of these terms such variation should be confirmed in writing. Any variation however agreed shall not invalidate the remainder of these Terms and Conditions.

17. Applicable Law

This contract is subject to the laws of England and Wales and any disputes arising pursuant to it (or any document referred to within it) or in respect of its formation shall be subject to the exclusive jurisdiction of the courts of England and Wales.

18. Payment Terms

18.1 Unless otherwise agreed by Us in advance in writing (either via the quotation / estimate or otherwise):
18.1.1 Payment is required in full by cleared funds in advance of the removal services or storage period (as applicable). You may not withhold payment of any part of the agreed price.
18.1.2 In the event that additional services are required outside the remit of the original quotation / estimate, the services take longer than estimated, or any other factor of the type listed in clauses 2 or 3 arises leading to an increase in charges, then in the event that such matters are known before the services are carried out then payment in full for all such matters is required at the same time as payment of the agreed price in clause 18.1.1 above. Whereby such matters are not known prior to the services being commenced then such additional amounts are payable on immediate conclusion of the services.
18.2 In respect of all sums which are overdue to Us, We will charge interest on a daily basis at 4% per annum above the prevailing base rate for the time being of the Bank of England.
18.3 Payment can be made in cash, by credit/debit card or via bank transfer. Card payments are subject to a 3% administration charge. In some cases, We may require you to pay a deposit payment in advance at or following the time of booking. Where such a deposit in advance is paid, it will be deducted from the final invoice.
18.4 Any payment queries must be directed to Our head office on or before the day the services our carried out. Our removal staff do not have the authorisation to amend quotations or discuss sums due.
18.5 VAT is due on all our Services at the prevailing rate. Any sums stated in these Terms and Conditions or in the quotation / estimate shall be deemed to be stated exclusive of VAT unless expressly stated in writing as being inclusive.
18.5 For the avoidance of any doubt, we reserve the right to state alternative payment terms in our quotation / estimate, and where we do so, those alternative terms shall apply. For example, in certain circumstances we may require payment in full 7 days before the Services are carried out, or in other circumstances we may raise a draft Invoice in advance of a purchase order being received and final invoice being raised. Where any such circumstances apply, this will be stated in our quotation / estimate.
18.6 The payment for the job must be paid before unloading the goods from the van.

19. Cancellations

19.1 You have the right to cancel the removals until 2 working days’ prior to the agreed date without paying any fee.
19.2 If You cancel the job within 48 hours of the agreed date, We have the right to charge £60 as an administration fee.
19.3 If You cancel the job within 24 hours of the originally agreed date, We have the right to charge £120 as an administration fee.
19.4 The amounts and timescales stated in this clause 19 are strictly subject to anything contrary specified as regards cancellation in the quotation / estimate where we deem it appropriate.

20. International Freight Forwarding

20.1 Where our Services relate to packing Your Goods for onward international shipping by a third party freight company then We are only responsible for the Goods whilst the Goods are in Our physical possession. When the Goods are handed over to the third party freight company, the Goods shall be their responsibility and shall be handled at their risk, and thereafter at the risk and responsibility of the end carrier/s (if different).
20.2 If You have any queries related to insurance cover or contractual responsibilities with respect to onward transit then the same should be raised directly with the relevant third parties concerned. You are advised to arrange Your own comprehensive insurance to cover your Goods during such international transit if in any doubt.
20.3 We do not accept any liability for loss of or damage to goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies.
20.4 Under no circumstances do we accept any 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. This list is not exhaustive and we will advise you at the time of quotation if the country your goods are being shipped to is not on this list but is included in this exclusion of liability.

Terms and Conditions

Removals & Services Terms & Conditions

Terms of the contract between Optimus Removals Ltd the Removal Contractor (“the Contractor”) and you (“the Customer”) explaining rights, obligations and responsibilities of both parties.

1. Interpretation

“We” or “Us” is a reference to the Contractor. “You” is a reference to the Customer. “Goods” means the goods being removed and/or packed/unpacked and “Services” means the relevant services we are providing to you pursuant to these Terms and Conditions, such as domestic removal services, office removals, packing services or storage services as the case may be. These Terms and Conditions can be varied or amended subject to prior written agreement. In clauses 5, 7, 8, 9 and 10 We limit or exclude Our liability for loss and damage. We recommend You arrange insurance to cover Your Goods and premises.

2. Quotation/Estimate

2.1.1 Our quotation / estimate, unless otherwise stated, does not include insurance, waiting waivers, customs duties, port charges including (but not limited to) demurrage, inspections, or any fees, or taxes payable to government bodies or agencies.
2.1.2 Our quotation / estimate is valid for 28 days from the date of issue and is subject to availability of time and resources.
2.1.3 All quotations are provided as an estimate unless specified in advance in writing as a fixed price service. We will use Our reasonable endeavours to complete the Services in the estimated time, but any additional chargeable hours will be included in the final invoice.
2.1.4 There is a 2 hour minimum charge on all Our Services. After the minimum period, Our rates are charged in time blocks of 60 minute periods each.
2.1.5 You must advise Us as soon as possible if You wish Us to include any additional Goods as part of the Services we are providing. Once advised, We will advise You of any estimated price increase to the quotation / estimate. The additional Goods will not be included in the work until We have agreed the price increase with You.
2.1.6 These Terms and Conditions are subject to any written terms to the contrary stated in the quotation / estimate and for the avoidance of doubt in the event of any conflict, the terms of Our quotation / estimate shall take precedence over these Terms and Conditions.
2.2 Unless already included in Our quotation / estimate, reasonable additional charges will apply in the following circumstances:
2.2.1 Our costs change because of currency fluctuations, changes in taxation, freight, fuel, ferry or toll charges beyond our control.
2.2.2 We have to collect or deliver Goods at Your request above the ground floor and first upper floor.
2.2.3 We supply any additional Services, including moving or storing extra Goods (these conditions apply to such work).
2.2.4 The entrance or exit to the premises, 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.
2.2.5 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 the Services on Your behalf. For the purpose of these Terms and Conditions, parking fines for illegal parking, caused by Our negligence, are not fees or charges and You are not responsible for paying them.
2.2.6 There are delays or events outside Our reasonable control which increase or extend the resources or time allowed to complete the Services.
2.2.7 We agree in writing to increase Our limit of liability set out in clause 7.1 prior to the work commencing.
2.2.8 The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal hours (08.00 – 17.00 hours) at Your request (or by reason of necessity in view of any agreed timescales or schedules agreed).
2.3 You agree to pay any reasonable charges arising from the above circumstances.

3. Work not included in our quotations/estimates

3.1 Unless previously agreed in writing we will not:
3.1.1 Dismantle or assemble unit-furniture (flat-pack), fittings or fitments (save as provided for in clause 3.2.1)
3.1.2 Disconnect or reconnect appliances, fixtures, fittings or equipment (save as provided for in clause 3.2.2).
3.1.3 Take up or lay fitted floor coverings.
3.1.4 Take down or re-hang curtains, blinds or other window coverings.
3.1.5 Move items from a loft, unless properly lit and properly floored and safe access is provided.
3.1.6 Move any items excluded in clause 5.
3.1.7 Dismantle or assemble garden furniture and equipment including, but not limited to: sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or move paving slabs, planters and the like.
3.1.8 Undertake any work Our removal staff is not authorised or qualified to carry out, which may cause damage or injury, or move any item or items which Our removal staff reasonably believe they cannot move safely or the removal of which may damage the item or items in question or its or their surroundings. We recommend that a properly qualified and appropriately insured third party person is separately contracted by You to carry out any such tasks. For the avoidance of any doubt, where any of Our staff elects to carry out any such tasks at Your request, they do so without Our consent and without Our authority and thereby in doing so are acting outside the terms of their employment and are doing so at their own risk and We will not be insured for any such tasks. Accordingly, in these circumstances, We cannot be held liable to You for any property damage or injury or other losses sustained as a consequence.
3.1.9 Open or reseal paints, oils, lubricants or other materials deemed by Us to be unsafe for transport or storage or otherwise hazardous in any way.
3.1.10 Move storage heaters (unless dismantled) or loaded freezers or refrigerators.
3.2 In certain circumstances, We may agree to carry out the following steps on the understanding and strict condition that We shall not be held liable for any damages or losses caused as a result:-
3.2.1 We may dis-assemble and re-assemble IKEA (and similar brands) flat pack furniture. We will not however dis-assemble and re-assemble custom, specialist, delicate, rare or expensive pieces of furniture, We strongly recommend that you contact the manufacturer, relevant retailer or other suitable furniture expert for guidance in relation to dis-assembly and re-assembly of such items before taking any such steps Yourselves or arrange for appropriate specialist independent contractors to carry out such tasks ; and
3.2.2 We may disconnect and reconnect dishwashers, washing machines, dryers and other electrical appliances, except fittings and fixtures. We take no responsibility if any such appliances do not function correctly on reconnection.

4. Your responsibility

4.1 Declare to us, in writing, the value of the Goods being removed / stored in a form of a signed valued inventory list before the removals take place (provide in pdf form via email or printed copy). The value to be used is the current value (not a new for old value).
4.2 If you do not provide Us with a Valued Inventory of the Goods to be removed / stored it is Your responsibility to arrange adequate insurance cover for the Goods submitted against all insurable risks as Our liability is restricted to a maximum £50.00 per item as per clause 7.1 (Limited Liability). If You have not arranged adequate insurance cover in those circumstances (including cover against accidental loss or damage and loss or damage caused by fire, lightning or explosion etc) then You should not submit those Goods to Us as part of the Services. In the event that You do submit such Goods, then You acknowledge that the restrictions on Our liability limits as set out in clause 7.1 shall apply (together with the additional relevant limitations of liability as set out elsewhere in these Terms and Conditions) and You agree that they are reasonable and enforceable.
4.3 Obtain at Your expense all documents necessary for the Services to be completed.
4.4 Ensure authorised signature on agreed inventories, receipts, waybills or other relevant documents on collection or delivery of Goods.
4.5 Be present or represented throughout the course of the Services, including the collection and delivery of the removal and 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.
4.6 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal. We will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.
4.7 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
4.8 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.
4.9 Provide Us with a correct and up to date contact address and telephone number during removal, transit and/or storage of Goods.
.10 Arrange appropriate transport, storage or disposal of Goods listed in clause 5.
4.11 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
4.12 We will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.
4.13 We cannot take the responsibility for the goods packed by costumer. If the box is not signed (Fragile, Glass, Take extra care).

5. Excluded Property – Goods not to be submitted for removals

Unless previously agreed in writing by a director or other authorised company representative, the following items must not be submitted for removal and will under no circumstances be moved by Us. The items listed under 5.1 below may present risks to health and safety and of fire. Items listed under 5.2 to 5.8 below carry other risks and You should make Your own arrangements for their transport.
5.1 Potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
5.2 Jewellery, furs, wines, spirits, watches, tobacco, cigars, cigarettes, trinkets, precious stones or metals, cash and the like, bullion, deeds, securities, mobile telephones, portable media and computing devices, stamps, coins, or goods or collections of any similar kind, prepaid phone cards and similar, bonds, fine art.
5.3 Goods likely to encourage vermin or other pests or to cause infestation or contamination.
.4 Perishable items and/or those requiring a controlled environment.
5.5 Any animals, birds, fish, reptiles or plants.
5.6 Goods which require special licence or government permission for export or import.
5.7 Under no circumstances will Prohibited or stolen goods, drugs or pornographic material be moved by Us.
5.8 Any other goods or items specifically excluded from cover from time to time by our Goods in Transit insurance policy.
5.9 Inspection of goods and disposal of certain goods
5.9.1 We reserve the right to open or inspect Goods to ensure compliance with clause 5 above or in the interests of health, safety or security.
5.9.2 If upon opening or inspecting the Goods We on reasonable grounds believe that the Customer is in breach of clause 5.1 to 5.8 above or that the Goods pose a threat to health, safety or security We shall be entitled (without prejudice to any other rights it may have) to dispose of the Goods forthwith without compensation to You.
5.9.3 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 may 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 (including in relation to any court applications which may be required).

6. Ownership of the goods

By entering into these Terms and Conditions, You guarantee that:
6.1 The Goods to be removed are Your own property free of any legal charge; or
6.2 You have the full authority of the owner or anyone having a legal interest in them to enter into these Terms and Conditions and You have made the owner fully aware of these them prior to entering into this Agreement and that they have agreed to them.
6.3 If at any time following the implementation of these Terms and Conditions through 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.
6.4 You will provide a full indemnity and pay Us in respect of any claim for damages and/or costs brought against Us if either statement made in 6.1 or 6.2 is untrue.
6.5 These Terms and Conditions are personal to You and you must not sub-contract, assign, charge or otherwise encumber or transfer the benefit or burden of these Terms and Conditions to any third party without our prior written consent.

7. Our liability for loss or damage

Limited liability
7.1 If We do not know the value of Your goods We therefore limit Our liability to a fixed limit per item. Unless otherwise agreed in writing if we are negligent or in breach of contract We will pay You up to £50 for each item which is lost or damaged as a direct result of any negligence or breach of contract on Our part. 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 2.2.7.
7.2 It is Your responsibility to insure Your Goods.
7.3 We may choose to repair or replace the damaged or lost item. However, if We choose to repair the item, we will not be liable for any depreciation in its value.
7.4. Standard Liability We have a “Goods in Transit” policy which can be endorsed to cover a customer’s Goods subject to the terms, limitations and exclusions of the policy. If you wish to benefit from any available cover in this regard, it is a strict condition of such cover and of these Terms and Conditions that you declare to us in advance, in writing, the value of the Goods being removed (or otherwise forming part of our Services as the case may be) in a form of a signed valued inventory list before the Services take place (provided in pdf form via email or printed copy). The value to be used is the current value (not a new for old value). As Our customer, You will have no enforceable rights under our policy, any such claims can only be made by Us.

Terms And Conditions