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 KCR Transport uk 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 KCR Transport uk 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, KCR Transport uk means KCR Transport uk 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 KCR Transport uk (see clause 10).
1. The Quotation
The removal quotation issued by KCR Transport uk (“the quotation”) is a fixed price. Unless otherwise stated, it does not include customs duties and inspections or any other fees payable to government bodies. KCR Transport uk 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 KCR Transport uk 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 KCR Transport uk 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) KCR Transport uk’s 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) KCR Transport uk has to collect or deliver goods from/to above the ground and first upper floor of a property.
(f) KCR Transport uk 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 KCR Transport uk’s vehicles and/or containers to get to and load and/or unload within 20 metres of the doorway, and as a result KCR Transport uk 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 KCR Transport uk in order to carry out the removal services on your behalf.
(i) There are delays or events outside KCR Transport uk’s reasonable control.
(j) KCR Transport uk are asked to agree in writing to increase their limit of liability (as set out in clause 8 of these conditions).
(k) Our quote is based on up to an 8 hour day. If there is a delay for key release and we have been on your removal for 8 hours in any one day we charge our minimum hourly rate for the amount of staff on the removal after the 8 hours or 17.00hrs.
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 KCR Transport uk, 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.
KCR Transport uk 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 KCR Transport uk the value of the goods being removed and/or stored.
(b) If any insurance cover offered by KCR Transport uk in the quotation and is not accepted, 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. KCR Transport uk are not responsible for the contents of this equipment.
(i) Provide House to Home and KCR Transport uk with a contact address for correspondence during removal, and/or storage of goods.
Other than by reason of KCR Transport uk’s 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 KCR Transport uk except with their prior written agreement. In the event that they do remove such goods, KCR Transport uk 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 KCR Transport uk knowledge and prior written agreement they will not be liable for any loss or damage and you will indemnify KCR Transport uk against any charges, expenses, damages or penalties claimed against them. In addition, KCR Transport uk 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 KCR Transport uk if these declarations are not true.
6. Charges if you postpone or cancel the removal
If you postpone or cancel this contract, KCR Transport uk 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 7 working days before the removal was due to start: Nothing payable.
(b) Less than 7 working days, but more than 3 working days before the removal was due to start: 30% of the full removal charge.
(c) Less than 3 working days, but more than 1 working days before the removal was due to start: 50% of the full removal charge.
(d) Within 24 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 KCR Transport uk in writing:
(a) Payment will be cash or card upon completion, if paying with a cheque we require cleared funds in advance.
(b) You may not withhold any part of an agreed price.
(c) We accept most major Debit and Credit cards.
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. Self
assembly, flat pack furniture or any boxed or packaged/items not packed by us
is not covered by insurance.
(a) KCR Transport uk liability for loss or damage is limited. This is set out in clause 8(a)(i) below. You may request KCR Transport uk increase their liability, as set out in clause 8(b) below. This is subject to our express written agreement in advance of carrying out the removal and/or storage and payment of any additional charges.
(i) In the event of KCR Transport uk losing or damaging your goods, if they are liable, KCR Transport uk will pay you up to a maximum sum of (currently £10,000) and subject to normal Insurance terms and conditions. An excess of £250 per claim applies and is payable by the customer. If you require a higher cover you must arrange it. Cover in Europe is not included and must be arranged separately.
(ii) KCR Transport uk, in their sole discretion, may choose to repair or replace the damaged item. If an item is repaired KCR Transport uk will not be liable for depreciation in value.( insurance is like for like and not new for old )
(b) Subject to receiving your itemised (and valued) inventory with a request in writing for KCR Transport uk to increase their liability (above that set out in clause 8(a) above), prior to the removal and/or storage commencing, KCR Transport uk 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 KCR Transport uk 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 KCR Transport uk’s 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 KCR Transport uk’s 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 KCR Transport uk 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 KCR Transport uk.
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 KCR Transport uk 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 KCR Transport uk’s negligence, KCR Transport uk 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 KCR Transport uk 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) KCR Transport uk will accept liability only for loss or damage to goods when they are in KCR Transport uk’s actual possession, and if it can be proven that they were negligent. In such circumstances, KCR Transport uk will accept liability as in condition 8(a)(i) or 8(b) above. KCR Transport uk 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 KCR Transport uk 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 KCR Transport uk.
(d) KCR Transport uk 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 KCR Transport uk 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 KCR Transport uk warehouse, you must note any loss or damage at the time the goods are handed to you, requesting that KCR Transport uk acknowledges and confirms your note.
(c) Notwithstanding clause 8, KCR Transport uk will not be liable for any loss of or damage to the goods unless a claim is notified to KCR Transport uk (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 KCR Transport uk, 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, KCR Transport uk 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 KCR Transport uk will not unreasonably refuse such a request.
11. Delays in transit
(a) Other than by reason of KCR Transport uk negligence, they will not be liable for delays in transit.
(b) If through no fault of KCR Transport uk 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, KCR Transport uk 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 KCR Transport uk they are unable to complete the removal services on the stated delivery date due to delay on your part KCR Transport uk may be entitled to ask for additional charges, such as for extra waiting time.
12. Damage to premises or property other than goods
(a) KCR Transport uk 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 KCR Transport uk cause damage as a result of moving goods under your express instruction, against KCR Transport uk advice, and to move the goods in the manner instructed will inevitably cause damage, they shall not accept that they were negligent.
(c) If KCR Transport uk 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)
KCR Transport uk shall have a right to withhold and/or ultimately dispose of some or all of the goods until you have paid all KCR Transport uk’s 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 KCR Transport uk 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.
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 KCR Transport uk, 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 KCR Transport uk. This contract to be subject to the law of the Country in which KCR Transport uk principal place of business is situated.
15. Sub-contracting the work
(a) KCR Transport uk reserve the right to sub-contract some or all of the work.
(b) If KCR Transport uk sub-contract, then these conditions will still apply.
16. Route and method
(a) KCR Transport uk 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 KCR Transport uk 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 KCR Transport uk for their customer only. Any oral advice given without special arrangement is provided gratuitously and without contractual liability.