Terms and Conditions
In consideration of Clearance Solutions Limited providing Services to the Client it is agreed as follows:-
Definitions:
“Additional Charges” has the meaning given it in Clause 14 below
“Assumption” means the assumptions stated in a Quote or Estimate
“Charges” means the charges and/or price shown in the Quote or Estimate for and in relation to the provision of the Services
“Clearance Solutions Limited” means Clearance Solutions Limited Ltd a company registered in England with Company Number 6857744 and whose registered office is at 163-173 Praed Street London W2 1RH (“CS”)
“Client” means the person named on the Quote or Estimate or any authorized representative of that person to whom CS is offering or has agreed to provide the Services in accordance with these Terms and Conditions
“Commencement Date” means the date agreed between CS and the Client for the provision of the Services to start
“Confidential Information” means all information (whether written, oral or in electronic form) concerning the business and affairs of either party that the other party obtains or receives as a result of the discussions leading up to or the entering into or the performance of this Agreement, including information of a financial and technical nature and information about customers and clients
“CS+” means CS, and/or its employees and/or contractors and and/or subcontractors as the circumstances reasonably require
“Deposit” means the deposit the details of which are set out in the Quote or Estimate
“Disposal Item” means any item the Client has requested CS to dispose of.
“Documents” includes, in addition to a document in writing, a map, plan, design, drawing, picture or other image or any other record of any information in any form, including electronic form
“Estimate” means an Estimate set out in the quote form accompanying this quote.
PLEASE NOTE
There is no agreement in relation to the above until there is an agreed Commencement Date.
This estimate is subject to Clearance Solutions Limited’s Terms and Conditions which if not attached hereto are to be found on www.clearance-solutions.co.uk. By accepting this Quote the Client agrees to those Terms and Conditions.”
“Excluded Items” means items as per Clause 7
“Force Majeure Event” means an act, event, omission or accident beyond CS’s reasonable control, including but not limited to Acts of God (such as flood or earthquake), fire or explosion, adverse weather conditions, interruption or failure of utility services (such as electricity or gas) or significant disruption to roads or other transport systems
“Goods” means any item of general domestic and/or office use individually weighing less than 75kgs and/or which does not require to be dismantled and/or which can be reasonably handled by two men and/or which does not need to be disconnected and/or which does not need to be re-assembled and/or is not fragile and/or has a value of less than £
“Hazardous Waste” ``means anything considered by the Environment Agency to be hazardous waste
“Mileage Surcharge” means a Charge to the Client of £….....per mile for the entire journey travelled by CS+ in the provision of the Services when the Services are provided outside the M25
“Special Item” means any item of general domestic and/or office use individually weighing more than 75kgs and/or which requires to be dismantled and/or which cannot be reasonably handled by two men and/or which needs to be disconnected and/or which needs to be re-assembled and/or is fragile
This Quote is subject to Clearance Solutions Limited’s Terms and Conditions which if not attached hereto are to be found on www.clearance-solutions.co.uk. By accepting this Quote the Client agrees to those Terms and Conditions.”
“Services” means the provision of any removal and/or packing and/or unpacking and/or storage and/or disposal services and/or the provision of packing materials or any or all of them
1 GENERAL
1.1 The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation
1.2 A person includes a natural person, corporate or unincorporated body
1.3 These Terms and Conditions shall apply to the Services provided by CS to the Client to the exclusion of all other terms and conditions including for the avoidance of doubt any terms or conditions which the Client may seek or purport to apply under any order, confirmation of order or similar document
1.5 Payment for Services or acceptance of a Quote or Estimate shall be deemed conclusive and final evidence of the Client’s acceptance of these Terms and Conditions
1.6 Any variation to these Terms and Conditions shall be inapplicable and void unless agreed in writing by an officer of CS
1.7 In the event of dispute about the matters therein, the terms of the Quote and/or Estimate will be held to truly reflect what was agreed unless there is written clear evidence to the contrary
1.8 Anything which is required to be done in writing shall be deemed to have been done in writing if done by email and such email not notified not to have been delivered
2 CONTRACT
2.1 A contract for the provision of the Services shall be entered into between CS and the Client on these Terms and Conditions as soon as a Commencement Date has been agreed. An email from CS in the form below to the Client shall be evidence that the Commencement Date has been agreed
“Commencement Date confirmation
The Commencement Date of Quote/Estimate Ref no is agreed to be (insert date)”
3 CANCELLATION AND POSTPONEMENT
3.1 In the event of cancellation of the provision of the Services by the Client, the Client will be liable to and shall immediately on demand pay the following charges
3.1.1 if notice of cancellation is given to CS less than 48 hours before the Commencement Date, 20% of the Charges in the Quote or Estimate as liquidated damages for loss or loss of profit suffered by CS+, and for the avoidance of doubt not as a penalty, or
3.1.2 if notice of cancellation is given to CS more than 48 hours but less than two weeks before the Commencement Date, 10% of the price given in the Quote or Estimate as liquidated damages for loss or loss of profit suffered by CS+, and for the avoidance of doubt not as a penalty
3.2 if one (but for the avoidance of doubt only one) notice of postponement is given to CS before the Commencement Date, and if another Commencement Date for a date within one month of the original Commencement Date is agreed within five working days of the notice of postponement there will be no charge but in all other circumstances a postponement shall be deemed to be and shall be treated as a cancellation
3.3 The Deposit will be used by CS to set off against any sum due from the Client under this clause 3
4 TERMINATION
4 Either party may (without limiting any other remedy) at any time terminate the contract by giving written notice to the other if the other commits any fundamental breach of these Terms and Conditions and if there is no fundamental breach fails to remedy a breach capable of remedy within thirty days after being required by written notice to do so, or if the other goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed.
5 CS’s SERVICES AND OBLIGATIONS
5.1 CS+ shall provide the Services to the Client subject to these Terms and Conditions
5.2 The Services shown in a Quote or Estimate excludes the following unless otherwise agreed in writing
5.2.1 disconnecting or reconnecting appliances, fixtures, fittings or equipment and if included such connection and/or disconnection is subject to Clause 16.5
5.2.2 taking up or laying fitted floor coverings
5.2.3 the provision of Services for a loft, unless agreed in advance in writing and the loft is properly lit and well floored and safe access is provided
5.2.4 re-assembling any item and if included such re-assembly is subject to Clause 9.3
5.3 CS+ may at any time, without notifying the Client, make any changes that
are reasonably necessary to comply with any applicable health and safety or other statutory requirements and
5.3.1 are reasonably necessary because of a Force Majeure Event or
5.3.2 do not materially affect the nature or quality of the Services
5.4. CS+ shall use reasonable endeavours to
5.4.1 meet any performance dates as agreed with the Client, but any such dates shall be estimates only and time for performance by CS + shall not be of the essence of the contract and
5.4.2 observe all health and safety rules and regulations and any other reasonable security requirements that apply at the Client’s premises CS+ is required to attend and that have been communicated to it by the Client in writing, provided that CS+ shall not be liable under these Terms and Conditions if, as a result of such observation, it is in breach of any of its other obligations under these Terms and Conditions
5.5 If disposal of any item is required
5.5.1 If so required in writing by the Client and only if so required CS shall prepare an inventory (in such detail as CS deems at its sole and exclusive discretion reasonable in the circumstance) of the Disposal Items to be removed from the Collection Point and shall before the Disposal Items are disposed of provide a copy to the Client for approval
5.6. In the absence of such written requirement CS+ shall have no liability or responsibility for removal and or disposal of any Disposal Item
5.7 CS+ shall take in to consideration the Client’s preferences regarding the method of disposal of Disposal Items and where possible dispose of the items in accordance with such preferences. However, CS+ retains ultimate discretion regarding the disposal methods
5.8 all title in the Disposal Items shall pass to CS upon collection of items from the Client’s premises
5.9 Where the Client has instructed that items be delivered to a third party for sale or donation, no title in the said items shall pass to CS+ and CS+ shall act solely as a courier for the transportation of the items
6 QUOTE & ESTIMATE
6 A Quote or Estimate is valid for 28 days from its date or the date on which it is provided to the Client whichever is the earlier. If the Client does not during those 28 days accept the Quote or Estimate and if the Client and CS do not also within those 28 days agree a Commencement Date, CS reserves the right to vary the quoted price.
7 EXCLUDED ITEMS
7 The following are excluded from the Services
7.1 Hazardous Waste;
7.2 Jewelry watches trinkets precious stones metals money deeds securities stamps coins and similar
7.3 Firearms and dangerous or potentially dangerous or damaging or explosive items including gas bottles, aerosols or flammable materials
7.4 any food other than dry food in vermin-proof packets
7.5 animals
8 CONFIDENTIAL INFORMATION
8.1 Any Confidential Information belonging to the Client which is so designated by the Client in writing and agreed to be kept confidential in writing by CS shall be kept reasonably confidential by CS, and all Confidential Information belonging to CS shall be kept reasonably confidential by the Client.
8.2 Clause 8.1 shall not apply to any documents or other materials, data or other information which are public knowledge at the time when they are so provided by other parties, and shall cease to apply if at any future time they become public knowledge through no fault of the other party.
8.3 Notwithstanding clause 8.1, CS may disclose Confidential Information to the extent required by law by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as is reasonable
9 CS’ LIMITATION OF LIABILITY
9.1 CS shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by the Client which are incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any fault of the Client, or for any loss or damage to any Excluded Item
9.2 CS shall have no liability to the Client in the event that
9.2.1 any or all of the warranties contained in clause 6.1 is untrue or
9.2.2 the Client fails to comply with its obligations
9.3 CS shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from re-assembling any item
9.4 CS shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation for any item in a container of any description which item has been packed in that container by the Client
9.5 CS shall not be in breach of these Terms and Conditions nor liable for any failure or delay in performance of the Services arising from or attributable to a Force Majeure Event, provided that it reasonably promptly notifies the Client in writing of the nature and extent of the Force Majeure Event and uses reasonable endeavours to mitigate the effect of the Force Majeure Event, to carry out the Services in any way that is reasonably practicable,
9.6 Except in respect of death or personal injury caused by CS’s negligence, or as expressly provided in these Terms and Conditions, CS shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under these Terms and Conditions, for any loss of profit or any indirect, special or consequential loss, damages, costs, expenses or other claims which arise out of or in connection with the provision of the Services (including any delay in providing or failure to provide the Services) or their use by the Client unless caused wholly and exclusively by CS's negligence, and the entire liability of CS in connection with the Agreement shall not exceed the amount of CS's Charges for the provision of the Services to the Client, except as expressly provided in these Terms and Conditions
9.6 CS shall not be liable to the Client or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of CS's obligations in relation to the Services, if the delay or failure was due to any cause beyond CS ’s reasonable control, including but not restricted to damage caused by weather or climatic conditions
9.7 CS shall not be liable to the Client for any goods or items taken or left in error and it is the Client’s responsibility to be present at all times while the Services are provided and take all reasonable steps to ensure this does not occur
9.8 Subject to clause 9.4, CS’s liability to the Client for items disposed of as a result of error on the part of CS is limited to and shall not exceed the lesser of the market value or replacement value of the goods in question, taking into account their age and condition immediately prior to their loss or damage and always subject to a maximum of £500
9.9 CS reserves the right to ask for proof of value in relation to any items which are disposed of in error with which request the Client must comply within 5 working days failing which no liability for the item in question will fall on CS
9.10 CS’s public liability shall not exceed the sum of £5,000,000 in the aggregate
10 LIMITS ON CLAIMS AGAINST CS
10.1 In addition to the limits in clause 9 CS shall not be liable for any loss or damage caused unless
any claim is notified in writing to CS as soon as such loss or damage is discovered or ought reasonably to be discovered and in any event no later than 5 working days from the date of the completion of the provision of the Services and
10.2 In the event of any such claim arising out of damage to premises, the damage is notified as soon as reasonably possible to CS+ on site and by telephone and email to an officer of CS as soon as reasonably practical at the time the damage, and in any case within 5 working days
11 CS IS NOT A COMMON CARRIER
11 CS is not a Common Carrier
12 SUB-CONTRACTING
12 CS reserves the right to sub-contract some or all of the Services without any obligation to seek the Client’s consent or give the Client notice.
13 DEPOSIT
13 If a Deposit is due the Client shall pay the Deposit to CS no later than 14 days prior to the Commencement Date unless there is insufficient time between the Quote or Estimate and the Commencement Date in which case the Deposit shall be paid immediately on demand. In the event that the Client fails to pay the Deposit in accordance with this clause 3.2, CS reserves the right with no liability freely to cancel provision of the Services
14 CHARGES AND ADDITIONAL CHARGES
14.1. The Client shall immediately on demand pay all Charges and Additional Charges together with any applicable Value Added Tax, and without any set-off or other deduction
14.2 An Additional Charge is any charge to the Client raised by CS at its sole and exclusive discretion reasonably exercised as a result of CS+ incurring cost arising from:-
14.2.1 breach of warranty under Clause 15 below and/or
14.2.2 a Client obligation and/or a breach of a Client obligation under Clause 16 below, and/or
14.2.3 Congestion Charge incurred in the provision of the Services and /or
14.2.4 any incorrect or false or Assumption in a Quote or Estimate and/or
14.2.5 any unexpected additional work required or cost incurred as a result of the Client's instructions or lack of instructions and/or
14.2.6 the Client's delay causing the Services not being carried out or completed within the reasonably assumed time frame and/or
14.2.7 the provision of the Service unexpectedly being carried out on a weekend or public holiday or before or after usual working hours and or
14.2.8 any delay or event outside CS+'s reasonable control which give reasonably give rise to extra unexpected costs or loss of profits and/or
14.2.9 any work carried out by CS or any costs incurred by CS omitted from any Quote or Estimate, including but not limited to any disposal costs
14.2.10 a Mileage Surcharge
14.3 If payment is not made on the due date, CS shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) calculated daily at the rate of 10% per annum above the Base Rate from time to time of NatWest Bank Plc from the due date until the outstanding amount is paid in full
14.4 The Client is liable to CS for reasonable costs and expenses (including legal costs) incurred in recovery of the unpaid amounts owed by the Client to CS
15 CLIENT’S WARRANTIES
15.1 By entering into this Agreement, the Client warrants that
15.1.1 the Client is absolutely entitled to the provision of the Services in the Quote or Estimate
15.1.2 the provision of the Services will not cause CS + to handle or move any Excluded Item or to come into contact with any Hazardous Waste
15.1.3 there will be adequate access at all sites for all vehicles and personnel to allow for safe and legal porterage and loading;
15.1.4 all data stored in any electronic format on any items to be moved has been copied and retained by the Client;
15.1.5 the collection and delivery points referred to in the Quote or Estimate are well lit and all items already there before the provision of the Services begins are well and securely free standing and if moved will not by being moved cause any other item to move fall or be damaged
15.2 Where any items are to be disposed of
15.2.1 all software and data stored in any electronic format on any items to be disposed of has been erased and full copies of all data has been made and retained by the Client and such data is adequately backed up prior to the Commencement Date and that the disposal of any items will not result in a breach of the Data Protection Act 1998 or other related legislation; and
15.2.2 all documents, records, material and other papers containing confidential or sensitive information or personal data has been removed from the Disposal Items of and where such materials are to be disposed of by CS + they have been shredded by the Client or arranged secure data destruction through CS
15.2.3 full legal and beneficial ownership of all Disposal Items of under the Services is vested solely and absolutely in the Client
16 CLIENT'S OBLIGATIONS
16.1 It is the Client's sole and exclusive responsibility to
16.1.2 clearly mark, in such manner as may be easily identifiable and recognised as such by CS+ all items those which are to be moved those which are to be disposed of those which are not to be moved and those which are not to be disposed of
16.1.3 if there is such an inventory carefully check and sign as so checked the inventory of items to be moved provided by CS+ on site prior to the commencement of the provision of the Services and immediately notify CS + both on site and by email to info@clearance-solutions.co.uk of any items included in the inventory which are not to be moved
16.1.4. if there is such an inventory carefully check and sign as so checked the inventory of Disposal Items provided by CS+ on site prior to the commencement of the provision of the Services and immediately notify CS+ both on site and by email to info@clearance-solutions.co.uk of any items included in the inventory which are not to be disposed of
16.1.5 maintain full and adequate insurance of the items being moved
16.1.6 maintain full and adequate insurance of the items to be disposed of until such time as they are collected by CS+
16.1.7 obtain at the Client's own expense all Documents, permits, licences Customs
documents or other materials and any data or other information necessary to enable CS to provide the Services
16.1.8 be present or represented throughout the removal of any items and arrange for any items left at unoccupied or unattended premises to be properly secured
16.1.9 so far as is reasonably possible ensure that all services and amenities to the Client’s premises remain fully in service and in full working order throughout the provision of the Services including without limitation electricity lighting, lifts, power, fire alarms and security and access control and to make CS aware in writing of any access restrictions such as lift time restrictions
16.1.10 disconnect and stabilise all electrical electronic telephonic appliances and equipment and any appliance and equipment connected to water and/or gas supplies and/or electricity prior to the provision of the Services
16.1.11 thoroughly defrost any refrigerators and deep freezers.
16.1.12 empty all items which have contents of those contents
16.1.13 identify and notify CS of all appropriate and relevant information in the context of the provision of the Services with regard to any Special Items
16.1.14 advise CS in writing not less than two working day before the Commencement Date collection and verbally advise on site CS+ before the provision of the Services begins at that location if any item at the collection or delivery location as stated in the Quote or Estimate is not well and securely free standing and/or is fragile such that moving it is reasonably likely to cause either damage to it or to other items
16.2 If there has been a site survey by CS it is the Client's sole and exclusive responsibility to make CS aware of risks to the Health and Safety of CS+ which CS cannot reasonably be expected to identify on a site survey.
16.3 In the event that a contract is entered without there having been a site survey the Client undertakes to bring all risks and circumstances likely to cause CS costs which they would not reasonably have expected to the attention of CS prior to arrangements for carrying out the Services.
16.4 The Client shall immediately bring to CS's attention any error, omission or act and afford CS reasonable opportunity make corrections.
16.5 In the event that CS has disconnected any appliance or item of equipment it does so at the Client’s sole and exclusive risk and liability and it is the Client’s sole and exclusive obligation to check the disconnection and to carry out or arrange to have carried out any further work which may be necessary to ensure that the disconnection is completed properly in all respects.
16.6 Title to all materials and equipment procured by CS in relation to the provision of the Services, including but not restricted to containers, crates and other packaging equipment and materials, remains vested in CS or other legal owners as appropriate but shall be the responsibility of the Client until such items are returned to CS
16.7 The Client shall be responsible for obtaining a signed delivery note on return of any equipment under this clause 16
16.8 Additional charges will be incurred and paid for immediately on demand in the event that the hire period for equipment under this Agreement to complete the provision of the Services has to be extended beyond that reasonably expected
16.9 Arranging parking and its cost including penalty charges unless caused solely by CS+’s negligence is solely the liability and responsibility of the Client
17 CLIENTS INDEMNITY
17.1 The Client indemnifies CS against any liability, costs, loss, damage or injury caused by or arising out of
17.1.1 unsafe or unfit premises which CS is required to attend in the performance of the Services whether or not owned by the Client
17.1.2 explosive, caustic, inflammable, corrosive or other dangerous substances on any property or premises whether or not owned by the Client
17.1.3 the nature and condition of the items to be moved, or the manner in which they have been placed or stored, and their packaging
17.2 Services provided on behalf of CS by a contractor, sub-contractor and/or any third party in so far as these Terms and Conditions provide a defence
17.3 any claim made against CS+, its servants or agents by a third party unless caused solely by CS’ negligence
15 GENERAL
18.1 These Terms and Conditions together with the Quote or Estimate constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other terms expressed or implied by statute or otherwise are excluded to the fullest extent permitted by law. In the event of any conflict between these Terms and the Quote or Estimate these Terms shall prevail.
18.2 A notice required or permitted to be given by either party to the other under these Terms shall be in writing addressed to the other party at its principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving notice
18.3 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right and no waiver by either party of any breach of the contract by the other shall be considered a waiver of any subsequent breach of the same or any other provision
18.4 English law shall apply to the contract and the parties agree to submit to the non-exclusive jurisdiction of the English courts
18.5 All singulars shall be deemed also to be plurals and all plurals shall be deemed also to be singulars
