Terms and condition

e-Storage is a division of Delahaye Moving Ltd and trades under the Terms and Conditions detailed below.

We strongly recommend that you read these Terms and Conditions which form part of the contract between us. They impose certain responsibilities upon you, exclude certain work and types of consignments and limit our liability in the event of loss or damage.

Introduction

These conditions explain the rights, obligations, and responsibilities of all parties to this Agreement.

Where we use the word ‘You’ or ‘Your’ it means you, our Customer.

‘We’, ‘Us’ or ‘Our’ means e-Storage and, or Delahaye Moving Ltd.

These terms and conditions can be varied or amended subject to prior written agreement. In Clauses 7, 8, 9, and 10 We limit or exclude Our liability for loss and damage.

We recommend You arrange insurance to cover Your goods. We can arrange insurance for Your benefit upon request. This insurance will be separate from this contract and subject to the terms and conditions of the policy.

1. Our Quotation

1.1 Our quotation, unless otherwise stated, does not include insurance, cancellation/ postponement waivers.

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

1.2.1 The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal hours (08.00-18.00hrs) at your request.

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

1.2.3 We supply any additional services, including moving or storing extra goods (these conditions apply to such work). This may include (but is not limited to) situations in which it becomes apparent when We collect Your goods that there are additional items, goods or other load, of which We were not informed when We provided Our quote and which was not, therefore, included in the quote.

1.2.4 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.

1.2.5 We must 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.

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

1.2.7 We agree in writing to increase Our limit of liability set out in Clause 8.1 prior to the work commencing.

1.2.8 We have to pay operational charges in order to carry out the services, which may be brought in at any time by the law and amended at any time by the law. Such operational charges may include (but are not limited to) Low Emission Zone (LEZ) charges and congestion charges.

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

2. Work not included in the quotation

2.1 Unless agreed by us in writing, we will not:

2.1.1 Dismantle or assemble furniture of any kind

2.1.2 Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment.

2.1.3 Take up or lay fitted floor coverings.

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

2.1.5 Move or store any items excluded under Clause 4.

2.1.6 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.

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

3. Your responsibility

3.1 It will be your responsibility to:

3.1.1 Arrange adequate insurance cover for the goods submitted for storage, against all insurable risks as Our liability is limited under clauses 8.1 and 8.2.

3.1.2 Obtain at Your own expense, all documents, permits, permissions, licences, customs documents necessary for the transport of the goods to be stored to be completed.

3.1.3 Pay for any parking or meter suspension charges incurred by Us in carrying out the work.

3.1.4 Be present or represented throughout the collection and delivery of the goods to be stored.

3.1.5 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.

3.1.6 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.

3.1.7 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.

3.1.8 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.

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

3.1.10 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.

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

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

3.2 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 storage

4.1 Unless previously agreed in writing by a director or other authorised company representative, the following items must not be submitted for storage and will under no circumstances be moved or stored by Us. The items listed under 4.1.1 below may present risks to health and safety and of fire. Items listed under 4.1.2 to 4.1.7 below carry other risks and You should make Your own arrangements for their transport and storage.

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

4.1.2 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.

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

4.1.4 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.

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

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

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

4.2 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

5.1 By entering into this Agreement, you guarantee that:

5.1.1 The goods to be stored are Your own property, or the goods are Your property free of any legal charge;

5.1.2 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.

5.1.3 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.

5.1.4 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 5.1.1 or 5.1.2 is untrue.

5.1.5 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. Payment

6.1 Unless otherwise agreed by Us in writing, payment is required every month in full for the moneys due that month, based on the volume stored on the last day of the prior month.

We reserve the right to refuse any movement out or into storage until such payment is received.

6.2 Any advance payments are protected under the BAR Advanced Payment Guarantee scheme, as detailed in the BAR Code of Practice. (T&C’s apply)

6.3 In respect of all sums which are overdue to us, We will charge interest on a daily basis calculated at 4% per annum above the prevailing base rate for the time being of the Bank of England.

7. Our liability for loss or damage

7.1 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 1.2.11 (Our Quotation).

7.2 Unless otherwise agreed in writing if we are negligent or in breach of contract We will pay You up to £40 for each item which is lost or damaged as a direct result of any negligence or breach of contract on Our part.

7.3 For goods destined to, or received from a place outside the United Kingdom:

7.3.1 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.

7.3.4 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.

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

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

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

7.4.3 One number on the inventory can never be more than one item.

8. Damage to premises or property other than goods

8.1 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:

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.

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 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.

9. Exclusions of liability

9.1 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 through the on-line platform or the e-Storage application to arrange insurance cover for You We will, provided You declare the full replacement value of Your Goods and pay the premium every month.

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, or other such events outside 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.

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 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 For items referred to in Clause 4.

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 this Agreement.

9.5 Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised representative (see Clause 10.1 below).

9.6 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.

10. Time limit 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 agent otherwise we will not be liable.

10.2 We will not be liable for any loss of or damage to the goods unless a claim is notified to us, or to our agent or the company carrying out the collection or delivery of the goods on our behalf. This must be in writing as soon as such loss or damage is discovered (or with reasonable diligence ought to have been discovered) and in any event in detail within seven (7) days of delivery of the goods, in order to properly investigate the claim. We may agree to extend this time limit upon receipt of Your written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld.

11. 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. (See also Clause 17). 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.

12. Disputes

If there is a dispute arising from this Agreement, which cannot be resolved, either party may refer it to the low cost independent Alternative Dispute Resolution (ADR) scheme provided by the British Association of Removers (BAR). Under this scheme, the case will be determined by an accredited independent ADR organisation. Recourse to the independent ADR scheme is subject to certain limits, current details of which are available upon request from BAR, Tel: 01923 699486, Fax: 01923 699481, Email: consumer.affairs@bar.co.uk. ADR does not prejudice Your right to commence court proceedings.

13. Our right to sub-contract the work

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

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

14. Applicable law

Any dispute between us will be governed by the non-exclusive law and jurisdiction of the English or Scottish Courts. If you currently reside or are moving to a place outside the jurisdiction of the Courts of the United Kingdom, alternative laws or jurisdiction of local courts may apply subject to our written agreement prior to the work or services commencing.

15. List of goods (inventory) or receipt

Where we produce a list of Your goods (inventory) or a receipt and send it to You, it will be accepted as accurate unless You write to us within 10 days of the date of our sending, or within a reasonable period agreed between us, notifying Us of any errors or omissions.

16. Revision of storage charges

We review our storage charges periodically. You will be given 30 days’ notice in writing of any increases.

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. Termination

If payments are up to date, We will not end this contract except by giving You three months’ notice in writing. If You wish to terminate Your storage contract, You must give us at least 10 working days’ notice (working days are defined in Clause 6 above).

If We can release the goods earlier, We will do so, provided that your account is paid up to date. Charges for storage are payable to the date when the notice should have taken effect.

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