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BROOKS REMOVALS TERMS AND CONDITIONS

(For use in the United Kingdom only)

 

These terms and conditions of business define the basis upon which Brooks Removals  will on your behalf arrange the removal of Your Goods with nominated Removal Contractors.

 

Brooks will arrange Removal Services with it’s Removal Contractors on the basis of these terms and conditions.

 

These terms and conditions explain Your rights, obligations and responsibilities and those of Brooks for Removal Services.

 

1.     INTERPRETATION

 

(a)           Definitions:

 

 

2. BROOKS QUOTATION 

 

Brooks Removal Charge quotation includes VAT but does not include any other customs duties, levies or fees payable to any government, local authority or other statutory bodies and all such duties or fees (if any) as we’ll as fuel charges of 5% of total invoice will be payable by You in addition to the Removal Charge.

 

If the Removal Team is late in arriving at your property You will be reimbursed up to £1.00 per minute to the maximum of 30 minutes.

 

Brooks reserves the right to make additional charges if any of the following have not been taken into account when you agree with Brooks a half hourly rate for Removal being the Removal Charge:

 

(a)           Any parking or other fees or charges that Brooks incurs and pays in order to carry out the Removal Services.

(b)           If Brooks supplies any additional services, including moving Goods not included in the original Removal Charge.

(c)            Return travel charge that is deemed from origin to destination back to origin, the origin being the clients loading address, the destination being the clients unloading address and the calculation of total travel thereof.  

 

3. WORKS NOT INCLUDED IN THE QUOTATION

 

Unless agreed, with Brooks, the following shall not form part of the quoted Removal Services:

(a)           Take up or lay fitted floor coverings.

(b)           Move any items excluded under Clause 6.

The Removal Contractor is not authorised nor qualified to carry out such work. You must appoint a properly qualified person to carry out these services.

 

 

4. YOUR RESPONSIBILITY

 

It is your sole responsibility to:

(a)           Label the Goods for Transportation and ensure that an adequate number of vehicles are booked for the Removal.

(b)           Provide a parking space(s) sufficiently large for a van(s) to park as close as possible to the front door of your property.

(c)            Declare to Brooks, in writing, the value of the Goods. If it is subsequently established that the value of the Goods removed is greater than the value you declare, you agree that Brooks liability under Clause 5 and 10 will be reduced to reflect the proportion that your declared value bears to their actual value.

(d)           Arrange for adequate Insurance cover for the Goods submitted for Removal against all insurable risks. Neither Brooks nor the Removal Contractor accept any responsibility for insuring the Goods, unless requested in writing, for any loss or damage which might occur. 

(e)            Obtain at Your own expense all permits, licences, consents and /or customs documents necessary for the Removal to be completed.

(f)            Be present or represented throughout the Removal Service.

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

(h)           Arrange for proper protection of Goods left in unoccupied or unattended premises, or where other persons such as (but not limited to) tenants or workmen are, or will be present.

(i)             Adequately prepare and stabilise all appliances or electronic equipment prior to their Removal and prepare the Goods for Transportation including all packaging and wrapping unless this is requested and prepared by the removal contractor and included in the Removal Charge.

(j)             Provide Brooks with a telephone number for contact during Removal of the Goods. 

(k)            Inform Brooks in as much as possible details of any stairs, lifts or doorways at the property/ies which are inadequate for free movement of the Goods, or the approach, road or drive to the property/ies is unsuitable for the Removal Contractor’s vehicles to reach to load and / or unload.

(l)             Ensure authorised signatures on job sheets or other relevant documents by way of confirmation of collection or delivery of Goods.

 

Neither Brooks nor the Removal Contractor accept liability for any loss or damage, costs or additional charges that may arise from any of these matters. 

 

5. BROOKS RESPONSIBILITY

 

Provided always that Brooks accepts no responsibility or liability for any loss or damage to the Goods, whether or not caused by the Removal Contractor and any loss or damage must be claimed from Your Insurance, Brooks declare that:

(a)   Brooks will take all reasonable precautions in hiring responsible and qualified Removal Contractor(s).

(b)   Brooks will take all reasonable care to ensure that the van(s) of the Removal Contractor(s) are clean and fully maintained and comply with the Health and Safety at Work Act 1974.

(c)    On the day of the Removal Brooks or the Removal Contractor will contact You 20-30 minutes prior to the Removal Contactor’s arrival.

 

6. GOODS NOT TO BE SUBMITTED FOR REMOVAL

 

The following items must not be submitted for removal and such items will not be transported by Brooks except with its prior written consent.

(a)           Jewellery, watches, trinkets, precious stones or metals, money, deeds, documents, securities, stamps, coins or items or collections of any similar kind.

(b)           Prohibited or stolen items, drugs, potentially dangerous, damaging or explosive items including gas bottles, aerosols, paints, firearms and ammunition.

(c)            Plants or items likely to encourage vermin or other pests and/ or plants or goods likely to cause infestation.

(d)           Refrigerated or frozen food or drink.

(e)           Any animals and their cages or tanks including pets, birds or fish.

(f)            Items which require special licence or government permission for export or import.

In the event that the Removal Contractor does transport such items, Brooks will not accept liability for loss or damage attributable to the special nature of the items concerned.

If You submit such items without Brooks prior written agreement Brooks will not be liable for any loss or damage and You agree to indemnify Brooks against any charges, expenses, damages or penalties claimed against it. In addition, Brooks shall be entitled (without notice) to dispose of those items listed under Clause 6(b), 6(c), or 6(d), and as appropriate, to notify the police or other appropriate statutory authority.

 

7. OWNERSHIP OF THE GOODS

 

By entering into this Agreement, You warrant that:

(a)           The Goods to be removed are Your own property; or

(b)           any other person who owns or has interest in them (including any Insurance company) has given You authority to make this contract, and has been made aware of and accepted these conditions.

You agree to indemnify Brooks against any claim for damages and /or costs if these warranties are not true.

 

8. POSTPONING OR CANCELLING YOUR MOVE

 

(a)   There is no cancellation or change of booking charge If You postpone or cancel this Agreement.

(b)   If Your Removal Team is not performing up to your expectations, you can contact our Operations Department within the first 20 minutes of the Removal and the Operations Department will arrange for another Removal Team to carry out the Removal on the same day and without any additional cost to You. Brooks will also give you the option of cancelling Your move with Brooks free of charge.

 

9. PAYING FOR THE REMOVAL

 

Unless otherwise agreed in writing by Brooks:

(a)           Payment must be made, in full, without deduction, set off or counter claim. 

(b)           In respect of all sums which are overdue to Brooks, Brooks will charge interest on a daily basis calculated at 4% per annum above the prevailing base rate for the time being of National Westminster Bank Plc. 

 

 

 

10. DETERMINING BROOKS LIABILITY FOR ANY LOSS OR DAMAGE

 

(a)           Brooks provides a “We Break It, We Fix It” guarantee for Goods that Brooks pack themselves. If any Goods are broken during Transportation or during the packing or unpacking stages You must immediately bring it to the attention of the Removal Contractor.

(b)           The Goods will be sent for repair and within two working days our Operations Department will inform You of the re-delivery date for the Goods being repaired.

(c)           Save in respect of liability for death or personal injury arising from negligence or for fraudulent misrepresentation, Brooks shall not be liable directly or indirectly in contract, tort, equity or otherwise for any damage whatsoever in connection with this Removal including any direct, indirect, special, incidental or consequential damage, including but not limited to loss of profits, interest, data, business revenue, business or goodwill.

(d)           As a condition precedent you are required to arrange for Insurance, unless requested by you, and specifically arranged by us, and if necessary and to show this Agreement to Your insurance company.

 

11. EXCLUSION OF LIABILITY

 

Brooks will not be liable for; any loss, damage or failure to produce or deliver the Goods if caused by one of the following: 

(a)                   By fire howsoever caused.

(b)                   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 Brooks reasonable control.

(c)                    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.

(d)                   By moth or vermin or similar infestation.

(e)                   By cleaning, repairing or restoring unless Brooks did the work.

(f)                    To any Goods in wardrobes, drawers or appliances, or in a package, bundle, case or other container not both packed and unpacked by Brooks.

(g)                   For the electrical or mechanical disorder to any appliance, instrument or equipment unless there is evidence of external impact.

(h)                   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 Brooks full particulars with value, and they have confirmed in writing that they accept responsibility.

(i)                     To any Goods which have a relevant proven defect or are inherently defective.

(j)                     To animals and their cages or tanks.

(k)                    To refrigerated or frozen food, drink, products or Goods.

(l)                     To any Goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by Brooks.

(m)                  To plants.

(n)                   Loss of or damage to china, glassware and fragile items.

(o)                   Loss or damage of motor vehicle caused by scratching, denting and marring.

(p)                   For any Goods which have a pre-existing defect or are inherently defective.

(q)                   Goods such as flat packed furniture, plants, machinery, glassware, crockery, paintings and sculptures are excluded from Brooks “We Break It, We Fix It” guarantee as set out in Clause 10.

(r)                    For any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement.

 

12. TIME LIMITS FOR CLAIMS

 

For Goods which the Removal Contractor delivers, you must immediately notify any visible loss, damage, or failure to produce any Goods at the time of delivery to Brooks.

 

13. DELAYS IN TRANSIT

 

(a)           Brooks will not be liable for delays in transit.

(b)           If through no fault of Brooks the Removal Contractor is unable to deliver Your Goods Brooks will take all reasonable steps to ensure that they are secured and stored. This Agreement will then be fulfilled and any additional Removal Services, including storage and delivery, will be at your expense.

(c)            If through no fault of Brooks it is unable to complete the Removal Services on the stated delivery date due to delay on your part Brooks will be entitled to ask for additional charges, calculated on the basis of the agreed half hourly rate until goods are unloaded.

 

14. DAMAGE TO PREMISES OR PROPERTY OTHER THAN THE GOODS

 

(a)           Brooks will not be liable for any damage to premises or property other than Goods submitted for Removal.

(b)           If the Removal Contractors cause damage as a result of moving Goods under Your express instruction, against the Removal Contractors advice, neither Brooks nor the Removal Contractor accept any liability.

 

15. RIGHT TO HOLD THE GOODS (LIEN)

 

       (a)      Brooks shall have a right to withhold and/or ultimately dispose of some or

                 all of the Goods where payment of the Removal Charge or any additional

                 costs or expenses has not been made.

        (b)     While Brooks hold the Goods pending payment You will be liable to pay all

                 storage charges and other costs incurred as a result of Brooks withholding

                 Your Goods and the provisions of this Agreement shall continue to apply.

 

16. ROUTE AND METHOD

 

Brooks may in its absolute discretion choose the route for delivery.

 

17. ADVICE AND INFORMATION

 

Advice and information in whatever form it may be given is provided by Brooks for You only and Brooks accepts no liability therefore unless confirmed in writing.

 

18. 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 Brooks, 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 Brooks and if no agreement is reached by an application made by either party to Courts of competent jurisdiction.

 

19. MISCELLANEOUS

 

(a)           If any provision of this Agreement is found by any Court to be unlawful, void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as necessary without modifying the remaining provisions of this Agreement and shall not in any manner affect the validity or enforceability of this Agreement.

(b)           This Agreement contains the entire Agreement and supersedes all prior agreements between You and Brooks.

(c)            This Agreement may not be varied except by instrument in writing signed You and Brooks.

(d)           This Agreement shall be governed by and construed in accordance with the law of England and Wales the Courts of which shall be the Courts of competent jurisdiction.

(e)           © Liability terms – Copyright Brooks Removals 2007.