TERMS AND CONDITIONS OF BUSINESS OF S J TRANSPORT T/A man-with-a-van.COM
1. S J Transport of 28 Wilbury Gardens, Hove BN3 6HY will provide the service or carry out the Project specified overleaf “the Service” for the fees also specified overleaf.
Please note the Terms & Conditions printed overleaf. You will see that Clauses 8, 9, & 10 either limit or exclude our liability to you.
2. The Service shall be carried out in accordance with the time-scale specified. Please not that time is not of the essence. S J Transport shall not be liable for any costs or consequences or any delays occasioned in completing any project due to any circumstances beyond its control or due to any unforeseen circumstances, e.g. illness, and any time-scale given for completion of any Service is an estimated time-scale only.
3. The Client will pay the fee specified upon the date or dates specified for payment and if no payment is forthcoming the S J Transport may suspend carrying out or completion of any Services until payment in full is made.
4. Any late payment of fees due shall carry interest at 5% above the base lending rate of Barclays Bank Plc in force from time to time on a daily basis from the date payment was due until date payment in full is made.
5. Unless otherwise agree in writing, all intellectual property rights and all copyright in all documents, photographs, programmes, computer software or similar, prepared or created by S J Transport shall at all times belong to S J Transport and the same shall not be used, copied or reproduced, sold or in any other way exploited by the Client or given by the Client to nay third parties save with the express prior written consent of S J Transport and also save where as part of a Project ownership of the intellectual property rights in any documentation specifically written for the Client will pass to such Client upon payment in full for same being made.
6. S J Transport may provide the Service itself or may carry it out using sub-contractors.
7. In the event that the Client does not notify S J Transport in writing within 14 days of the completion of the Service or any completed part of the Service then the Client shall be deemed to have accepted the Service and that the same has been carried out satisfactorily.
8. If the Service is not in accordance with the contract for any reason the Client’s sole remedy shall be limited to S J Transport making good the Service or at its discretion by refunding a proportionate part of the fees paid.
9. S J Transport’s liability to the Clients, whether for any breach of contract, or otherwise, shall not in any event exceed the fees paid to S J Transport and S J Transport shall be under no liability for any direct loss and/or expenses and/or indirect loss and/or expense suffered by the Client or liability to third parties incurred by the Client.
10. All warranties and conditions, whether implied by statue or otherwise are excluded from this contract save as set out in the above Terms & Conditions of Business provided that nothing in the contract shall restrict or exclude liability for death or personal injury caused by the negligence of S J Transport or its staff.
These Conditions explain the rights, obligations and responsibilities of both S J Transport and the Customer. These Conditions made in relation to removal Services provided by S J Transport. S J Transport and the Customer are free to agree, in writing, alternative Conditions.
We will provide our Service and care for your property only under these Conditions.
Any quotation given by S J Transport will be valid for a period of 3 months. The quotation may be amended if:
A) The quotation is not accepted or the Customer asks work to be carried out after the 3 month period has expired.
B) The Customer requests the removal or storage of additional goods or the provision of additional services. The Customer should advise S J Transport as soon as possible after receipt this quotation whether further services are envisaged.
C) S J Transport are required to provide additional resources of services due to unforeseen access difficulties. Such additional resources services will not be provided until a further price has been agreed with S J Transport; or
D) Additional resources or services are required because of unforeseen access difficulties. Additional resources or services will not be provided until a further price has been agreed with us.
E) Services are provided on a Saturday, Sunday or Public Holiday at the Customers request unless agreed by S J Transport in writing prior to the date of this quotation; or
F) S J Transport’s overheads or operating costs are increased as a result of increased taxes (direct or indirect), road or other tolls, increased fuel costs, parking tickets or similar circumstances beyond the control of S J Transport.
G) Delay is caused by you or by a third party associated with you, such as Bank, Estate Agent, Solicitor or other related party.
H) In the event the original quotation is based upon your description concerning the nature of the removal whereupon the circumstances are materially different, you will be liable for increased costs and expenses incurred as a result.
2. WORK NOT INCLUDED
The price does not include dismantling or constructing self-assembly kit furniture, fitments and fixtures, disconnecting and connecting domestic or other appliances and fittings, taking up or laying fitted floor coverings, moving loaded freezers or refrigerators, moving storage heaters not dismantled or any other items we specifically exclude in writing.
If any of our employees carries out such work at your request and without our prior written agreement, they do so without our authority and outside their terms of their employment with us. We shall not be liable for any loss or damage which may occur in carrying out such work. These terms shall additionally apply to the Customer should the Customer decide to carry out any work without the prior written agreement of S J Transport.
Unless otherwise agreed in advance in writing, payment is due;
1. On completion of the service by us, by way of payment by you the operative on-site.
4. DECLARATION OF OWNERSHIP
By the Customer accepting this agreement you declare all goods to be handled are either your own property free of any legal charge or burden on them or that you have the full authority of the owner of the goods, or anyone having a legal interest in them to enter into this contact on their behalf.
You agree to indemnify us against any claims, charges and demands made against us arising from any claim to the goods made by another person. If any other person has or obtains an interest in the goods you must advise us of their name and address in writing immediately.
5. YOUR RESPONSIBILITIES
A) To be present or represented throughout the removal to ensure that nothing that should be removed and nothing is taken away in error.
B) To arrange proper protection for goods left in unoccupied or unattended premises or where other people such as tenants or workman are or will be present. If you fail to protect your goods we shall not be liable for any loss or damage arising from such failure;
C) Not to offer for removal or storage jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps or coins (or similar collections of any kind), plants, animals. We do not accept liability for any claims for loss or damage to these items if they are place in our care or custody. The Customer should make alternative transport or storage arrangements for such items;
D) Not to offer for removal, packing or storage any item or thing unless you have insured that item or thing against accidental loss or damage and loss or damaged caused by fire, lightening or explosion;
E) Not to offer for removal, packing or storage anything which is dangerous, damaging or explosive, or anything including food, likely to encourage vermin or other pests. You will indemnify us against all claims made and for any loss or damage that we, or someone else may suffer through presence of such articles or substances among your goods. If any such article or substance is found, we may remove, destroy or otherwise dispose of the items that cause damage;
F) To empty and defrost refrigerators and freezers and to make alternative transport arrangements for their contents. We shall not be liable for damage to any freezer or refrigerator or its contents which results from the freezer or refrigerator being moved partially or fully loaded, nor for any illness or deterioration in such contents resulting from a change in temperature;
G) To pay for any parking or meter suspension charges which we incur whilst carrying out work for you.
H) We are entitled to unilaterally rescind the Contract in the event that the condition or circumstances in which your belongings are found, renders the removal unsafe and or unhygienic, or for some other reason at the discretion of us you will remain liable for our costs.
6. CARRYING OUT AND POSTPONING
A) If we cancel or postpone your removal we will refund you your holding deposit
This condition shall not apply where the removal has been cancelled or postponed due to adverse weather conditions, national industrial action, vehicle breakdown or traffic congestion or delay caused as a result or unforeseen circumstances.
7. ROUTE AND METHOD
You agree that we may;
A) Interchange the goods between vehicles and warehouses or other premises at any time;
B) Select the route and the means by which the goods shall be carried;
C) Employ sub-contractors. If we sub-contract the work these Conditions will apply to the sub-contractor.
D) In the event that you participate with the removal, as a result of which you suffer loss, due to acts of negligence by you in carrying out of the removal functions, will not render us liable in any event.
8. LIMITS OF LIABILITY FOR LOSS OR DAMAGE TO GOODS
Unless otherwise agreed with you in writing in advance or as stated in this Agreement, if we are negligent or in breach of contract;
A) We will pay you a maximum sum of £40.00 for each item which is lost or damaged to cover the cost of repairing or replacing that item; or
B) We may choose to repair or replace any of the damaged articles. If an article is repaired to a reasonable satisfactory standard, no liability will be accepted for depreciation in value.
For the purpose of this agreement an item is defined to include any one article, suite, service, set or complete case, package or other container.
9. LIMITS OF LIABILITY FOR DAMAGE TO PREMISES
If we are negligent or in breach of contract, or otherwise responsible for causing loss or damage to your premises we will pay you either;
A) The cost of repairing the damaged area to a maximum limit of £75.00; or
B) Up to a maximum of £75.00 on each premises.
10. EXCLUSION OF LIABILITY
We shall not be liable for:
A) Loss or damage caused by fire (you must take out fire insurance to cover your goods against this risk);
B) Loss or damage caused where the goods have been packed by you or with others with inadequate protection;
C) Loss or damage caused where goods have been unpacked by you or others;
D) Loss or damage if goods are removed or delivered to unattended or unoccupied premises or where a third parties are present (see Clause 5B)
E) Loss or damage caused by vermin, moth or other infestations;
F) Loss or damage caused if goods of any inherent defects or suffer from any inherent vice;
G) Loss or damaged caused by war, invasion acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, insurrection or military coup, wear or tear or gradual deterioration, leakage or deficiency of articles of a perishable or leaky nature, acts of God, or other circumstances beyond our control;
H) Loss of use, loss of enjoyment, loss of profit or any other consequential loss.
11. TIME LIMITS FOR REPORTING CLAIMS
You must notify us in writing of specific loss or damage within the time limit stated below otherwise we will not be liable to you:
A) For goods believed to be lost or damaged – within a reasonable period not exceeding fourteen days after the due date of the delivery of the goods;
B) For damage to premises at the time of delivery of your goods by recording such damage on the delivery sheet.
C) A completion sheet will be provided to you on completion of the removal in order to record your satisfaction or dissatisfaction with the service provided.
12. IF OUR CHARGES ARE NOT PAID
A) IF OUR CHARGES ARE NOT PAID
If our charges are not paid any goods in our possession or custody will be removed to store and retained until payment is made. We shall be entitled to charge for storing these goods. Any costs incurred in removing them to or from store will be met by you. All charges must be paid in full before the goods can be released. If our charges are not met in full on the due date interest will be payable at 5% above the base rate of Barclays Bank, from time to time on all monies outstanding.
(“Lien” means the right to hold property until a debt is paid in full)
We shall have a general or particular lien on all goods in our possession for all money you owe us or for expenses incurred by us and for payments we make on your behalf. If some of the goods have been delivered, removed, dispatched, or sold, the general lien shall apply to any goods that remain in our possession.