Apex Group Removals & Storage
LEGAL · APEX GROUP

Terms & Conditions.

These terms set out the rights, obligations and responsibilities of everyone involved in your move. In this document, "you" and "your" refer to the customer; "we", "us" and "our" refer to Apex Removal Group Ltd. Please pay particular attention to sections 4, 9, 10, 11 and 12, which explain our liability for loss or damage to goods and property.

Apex Removal Group Ltd · Company No. 11653241 · VAT GB 334904209

1. Our quotation

1.1 Unless we state otherwise, our quotation does not include customs duties, inspections or any other fees or taxes payable to government bodies. It does include our acceptance of liability for your goods, subject to clauses 2.2, 3.2, 5.2, 5.3 and the provisions of clauses 4, 9, 10, 11 and 12.

1.2 We may adjust the price or apply additional charges if circumstances come to light that were not accounted for in our original quotation and that we confirm to you in writing. These include:

  • 1.2.1 You do not accept the quotation in writing within 28 days, or the work is not carried out or completed within three months.
  • 1.2.2 Our costs change because of currency fluctuations or changes to taxation or freight charges beyond our control.
  • 1.2.3 You ask us to carry out the work on a Saturday, Sunday or public holiday, or outside normal working hours (08:00–18:00).
  • 1.2.4 You ask us to collect or deliver goods above the ground floor or the first upper floor.
  • 1.2.5 You collect some or all of your goods from our warehouse. We may charge a reasonable handling fee.
  • 1.2.6 We provide additional services, including moving or storing extra goods (these terms apply to such work).
  • 1.2.7 The stairs, lifts or doorways are not adequate for goods to be moved without mechanical equipment or structural alteration, or if the approach, road or driveway is unsuitable for our vehicles or containers to load or unload within 20 metres of the doorway.
  • 1.2.8 We have to pay parking or other fees or charges to carry out the work on your behalf.
  • 1.2.9 Delays or events outside our reasonable control extend the resources or time needed to complete the agreed work.
  • 1.2.10 We agree in writing to raise our limit of liability set out in clause 9.1.1.

1.3 Where any of the above apply, the adjusted charges become payable.

2. Work not included in the quotation

2.1 Unless we agree in writing, we will not:

  • 2.1.1 Dismantle or assemble unit or system furniture (flat-pack), fitments or fittings.
  • 2.1.2 Disconnect, reconnect, dismantle or reassemble appliances, fixtures, fittings or equipment.
  • 2.1.3 Take up or lay fitted floor coverings.
  • 2.1.4 Move items from a loft unless it is properly lit, floored and safe to access.
  • 2.1.5 Move or store any items excluded under clause 5.

2.2 Our staff are not qualified or authorised to carry out this type of work. We recommend that you separately engage a suitably qualified specialist.

3. Your responsibility

3.1 It is your sole responsibility to:

  • 3.1.1 Declare to us in writing the value of the goods being moved or stored. If it later transpires that the actual value is higher than the value you declared, our liability under clause 9.2 will be reduced in the same proportion.
  • 3.1.2 Obtain, at your own expense, all documents, permits, permissions, licences and customs documents needed for the move.
  • 3.1.3 Be present, or have a representative present, during collection and delivery.
  • 3.1.4 Sign the inventory, receipts, waybills, job sheets or other relevant documents to confirm collection or delivery.
  • 3.1.5 Take reasonable steps to ensure nothing that should be moved is left behind and nothing is taken away in error.
  • 3.1.6 Arrange proper protection for goods left in unoccupied or unattended premises, or where other people (such as tenants or workmen) are present.
  • 3.1.7 Prepare and stabilise all appliances and electronic equipment before we move them.
  • 3.1.8 Empty, defrost and clean fridges and freezers. We are not responsible for the contents.
  • 3.1.9 Give us a contact address for correspondence during transit and/or storage.

3.2 Other than through our own negligence or breach of contract, we are not liable for any loss, damage, cost or additional charge arising from your failure to meet these responsibilities.

4. Our responsibility

4.1 It is our responsibility to deliver your goods to you, or make them available for collection, undamaged. "Undamaged" means in the same condition they were in when packed or otherwise made ready for transport or storage.

4.2 Where we have packed your goods, or prepared them for transport or storage, it is our responsibility to deliver them undamaged. Meaning in the same condition they were in immediately before we packed or prepared them.

4.3 If we fail to meet the responsibilities in clauses 4.1 and 4.2, we will compensate you, subject to clauses 9, 11 and 12.

4.4 We will not be liable to compensate you where clauses 2.2, 3.2, 5.2 or 5.3 apply, unless the loss or damage resulted from our negligence or breach of contract.

4.5 If you do not declare a value for your goods, or if you do not ask us to accept standard liability under clause 9.2, we will not be liable for failing to meet the responsibilities in clauses 4.1 and 4.2 unless the failure was caused by our negligence or breach of contract.

4.6 The amount of our liability under this clause is determined in accordance with clauses 9 and 11.

5. Goods that must not be submitted for removal or storage

5.1 Unless previously agreed in writing by one of our directors or an authorised representative, the following items must not be submitted for removal or storage and will not be moved or stored by us under any circumstances. The items in clause 5.1.1 may pose health, safety or fire risks; those in clauses 5.1.2 to 5.1.6 carry other risks and you should make separate arrangements for their transport and storage.

  • 5.1.1 Prohibited or stolen goods, drugs, pornographic material, and potentially dangerous, damaging or explosive items. Including gas bottles, aerosols, paints, firearms and ammunition.
  • 5.1.2 Jewellery, watches, trinkets, precious stones or metals, cash, deeds, securities, stamps, coins or any similar collections.
  • 5.1.3 Plants, or goods likely to attract vermin or other pests, or to cause infestation or contamination.
  • 5.1.4 Perishable items or items requiring a controlled environment.
  • 5.1.5 Any live animals, birds or fish.
  • 5.1.6 Goods that require a special licence or government permission for export or import.

5.2 If we do agree to move such goods, we will not accept liability for loss or damage unless we are negligent or in breach of contract. In which case these conditions still apply.

5.3 If you submit such goods without telling us, we will make them available for you to collect. If you do not collect them within a reasonable period, we may apply for a court order to dispose of them without further notice. You will remain liable for any charges, expenses, damages, legal costs or penalties we incur.

6. Ownership of the goods

6.1 By entering into this agreement, you confirm that:

  • 6.1.1 The goods being moved or stored are your own property, or
  • 6.1.2 The person or people who own or have an interest in the goods have authorised you to enter into this contract and have been made aware of these terms.
  • 6.1.3 You will reimburse us for any claim for damages or costs brought against us if either of the above warranties turns out to be untrue.

7. Charges if you postpone or cancel the move

7.1 If you postpone or cancel this agreement, we will charge according to the amount of notice given. "Working days" means Monday to Friday and excludes weekends and public holidays.

  • 7.1.1 More than 10 working days before the move: no charge.
  • 7.1.2 Between 5 and 10 working days before the move: up to 30% of the removal charge.
  • 7.1.3 Fewer than 5 working days before the move: up to 60% of the removal charge.

8. Payment

8.1 Unless we agree otherwise in writing:

  • 8.1.1 Payment is required in cleared funds in advance of the removal or storage period.
  • 8.1.2 You may not withhold any part of the agreed price.
  • 8.1.3 We charge daily interest on overdue sums at 4% per annum above the prevailing Bank of England base rate.
  • 8.1.4 You may not withhold any part of the agreed price even where there is a claim for loss or damage. Any claim will only be processed once we have received full payment for the move.
  • 8.1.5 Where waiting time is involved during the move, a charge of £75 per hour applies for vehicles up to 3.5 tonnes and £150 per hour for vehicles over 3.5 tonnes, per vehicle, after the first 2 hours (the first 2 hours are free of charge).

9. Our liability for loss or damage

9.1 Limited liability

9.1.1 If you do not declare a value for your goods, and do not ask us to accept standard liability under clause 9.2, then in the event we lose or damage your goods through our negligence or breach of contract, we will pay you up to a maximum of £50 per item lost or damaged, towards the cost of repair or replacement. An "item" means any one article, suite, pair, set, complete case, package, carton or other container.

9.1.2 We may choose either to repair or replace the damaged or lost item. If we choose to repair the item, we will not be liable for any depreciation in value.

9.1.3 Other than through our own negligence, we will not be liable for any loss, damage or failure to deliver goods caused by any of the following:

  • 9.1.4 Fire, however caused.
  • 9.1.5 War, invasion, acts of foreign enemies, hostilities (whether or not war is declared), civil war, terrorism, rebellion, military coup, acts of God, industrial action or other events beyond our reasonable control.
  • 9.1.6 Normal wear and tear, natural or gradual deterioration, leakage or evaporation, or damage caused by perishable or unstable goods. Including goods left inside furniture or appliances.
  • 9.1.7 Cleaning, repairing or restoring, unless we carried out the work.
  • 9.1.8 Moths, vermin or similar infestation.
  • 9.1.9 Electrical or mechanical faults in any appliance, instrument or equipment, unless there is evidence of external impact.
  • 9.1.10 We will also not be liable for any loss of or damage to:
  • 9.1.11 Any goods in wardrobes, drawers or appliances, or in a package, bundle, case or container not both packed and unpacked by us.
  • 9.1.12 Jewellery, watches, trinkets, precious stones or metals, cash, deeds, securities, stamps, coins or similar collections, unless you have declared full details and value to us and we have confirmed in writing that we accept responsibility.
  • 9.1.13 Goods with a proven or inherent defect.
  • 9.1.14 Animals. Including pets, birds and fish. And their cages or tanks.
  • 9.1.15 Plants.
  • 9.1.16 Refrigerated or frozen food and drink.
  • 9.1.17 Other than through our own negligence, we will not be liable for indirect or consequential losses arising from loss, damage or failure to deliver goods.

9.2 Standard liability

9.2.1 If you declare the value of your goods and agree to pay an additional charge, our liability will be as follows:

  • 9.2.1.1 In the event of loss or damage caused by our negligence or breach of contract, our liability will be equivalent to the cost of repair or replacement, taking into account the age and condition of the goods immediately before the loss or damage, up to a maximum of £50,000 (unless we have agreed a higher amount in writing).
  • 9.2.1.2 Where a lost or damaged item is part of a pair or set, our liability is limited to the cost of that item in isolation, not the cost of the item as part of the pair or set.

9.3 Any liability under clauses 9.1 or 9.2 is subject to the other exclusions set out in this agreement.

9.3.1 Standard liability is not available on hourly-priced work. Limited liability, as set out above, still applies.

9.3.2 The customer is responsible for the first £250 of any claim. This excess applies to all claims unless agreed otherwise in writing.

9.4 An "item" is defined as:

  • 9.4.1 The entire contents of a box, parcel, package, carton or similar container, and
  • 9.4.2 Any other object or thing that is moved, handled or stored by us.

10. Damage to premises or property other than goods

10.1 Because third-party contractors are frequently present at the time of collection or delivery, our liability for loss or damage is limited as follows:

  • 10.1.1 If we cause loss or damage to premises or property (other than the goods being moved) as a result of our negligence or breach of contract, our liability is limited to making good the damaged area only.
  • 10.1.2 If damage occurs because we moved goods on your express instruction. Against our advice, and where moving the goods in that way was likely to cause damage. We will not be liable.
  • 10.1.3 If we are responsible for damage to your premises or other property, you must record this on the worksheet or delivery receipt as soon as reasonably possible, and confirm it to us in writing within seven days (unless you request, and we agree in writing to, a reasonable extension).

11. Exclusions of liability

11.1 Under Limited Liability, we are not liable for loss of or damage to your goods caused by fire or explosion, however caused, unless we have been negligent or in breach of contract.

11.2 Under both Standard and Limited Liability, other than through our negligence or breach of contract, we are not liable for any loss of, damage to, or failure to produce the following goods:

  • 11.2.1 Bonds, securities, stamps of any kind, manuscripts or other documents, electronic data records and mobile phones.
  • 11.2.2 Plants or goods likely to attract vermin or pests, or to cause infestation or contamination.
  • 11.2.3 Perishable items or items requiring a controlled environment.
  • 11.2.4 Furs exceeding £100 in value, jewellery, watches, precious stones and metals, cash, coins and deeds.
  • 11.2.5 Any live animals, birds or fish.

11.3 Under both Standard and Limited Liability, other than through our negligence or breach of contract, we are not liable for any loss, damage or failure to produce goods caused by:

  • 11.3.1 War, invasion, acts of foreign enemies, hostilities (declared or not), civil war, terrorism, rebellion, military coup, acts of God, industrial action or other events beyond our reasonable control.
  • 11.3.2 Ionising radiation or radioactive contamination.
  • 11.3.3 Chemical, biological, bio-chemical, electromagnetic weapons or cyber attack.
  • 11.3.4 Indirect or consequential loss of any kind.
  • 11.3.5 Normal wear and tear, natural or gradual deterioration, leakage or evaporation, or perishable or unstable goods. Including goods left inside furniture or appliances.
  • 11.3.6 Vermin, moths, insects or similar infestation; damp, mould, mildew or rust.
  • 11.3.7 Cleaning, repairing or restoring, unless we arranged the work.
  • 11.3.8 Changes in atmospheric or climatic conditions.
  • 11.3.9 Goods in wardrobes, drawers or appliances, or in packages, bundles, cartons, cases or other containers not both packed and unpacked by us.
  • 11.3.10 China, glassware and fragile items, unless they have been both professionally packed and unpacked by us or our subcontractor. Where damage to an owner-packed container would have occurred regardless of packing quality, our liability is limited to £100 or the actual value, whichever is lower.
  • 11.3.11 Electrical or mechanical faults in any appliance, instrument, clock, computer or other equipment, unless there is evidence of related external damage.
  • 11.3.12 Scratches, dents and marring to motor vehicles, unless a pre-collection condition report has been provided by us.
  • 11.3.13 Damage to a vehicle while it is being driven under its own power, other than for loading or unloading. Loss or damage to accessories and removable items is excluded unless lost with the vehicle.
  • 11.3.14 Goods with a pre-existing or inherent defect.

11.4 No employee of ours is personally liable to you for any loss, damage, mis-delivery, errors or omissions under this agreement.

11.5 Our liability ends when goods are handed over from our warehouse or when delivery is completed (see clause 12.2 below).

12. Time limit for claims

12.1 Where we deliver the goods, you must notify us in writing (email, letter, text, note on the delivery sheet or feedback form) of any loss, damage or failure to produce goods at the time of delivery.

12.2 If you or your agent collect the goods, you must notify us in writing of any loss or damage at the time the goods are handed over.

12.3 We will not be liable for any loss or damage unless a claim is notified to us in writing no later than the day of collection by you or delivery by us, unless you request, and we agree in writing to, a reasonable extension.

12.4 Claims must be reported at the time of occurrence. Please note them on the worksheet or delivery receipt/feedback form on delivery.

13. Delays in transit

13.1 Other than through our negligence or breach of contract, we are not liable for delays in transit.

13.2 If, through no fault of ours, we cannot deliver your goods, we will take them into storage. This agreement will then be treated as fulfilled, and any additional services. Including storage and onward delivery. Will be at your expense.

13.3 We are not in breach of this agreement, or liable for delay or failure to perform, where the delay or failure is caused by events beyond our reasonable control (including adverse weather or road closures for construction). In such cases we are entitled to a reasonable extension of time. If the delay continues for 4 weeks, you may terminate this agreement without penalty by giving us at least 7 days' written notice.

14. Our right to hold the goods (lien)

We have the right to hold, and ultimately dispose of, some or all of your goods until you have paid all charges and other sums due under this or any other agreement (see also clause 23). This includes any charges we have paid on your behalf. While we hold the goods, you remain liable for storage charges and any other costs incurred as a result, and these terms continue to apply.

15. Disputes

If a dispute arises out of this agreement that cannot be resolved, either party may. With the agreement of the other. Refer it to an arbitrator appointed by the Chartered Institute of Arbitrators. The cost of any such arbitration is at the arbitrator's discretion. This does not affect your right to bring court proceedings.

16. Our right to sub-contract the work

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

16.2 Where we do sub-contract, these terms continue to apply.

17. Route and method

17.1 We have the right to choose the method and route by which the work is carried out.

17.2 Unless specifically agreed otherwise in writing in our quotation, any remaining space, volume or capacity on our vehicles or containers may be used for other customers' consignments.

18. Advice and information for international removals

We will use reasonable efforts to give you up-to-date information to help with importing and exporting your goods. Information on national or regional laws and regulations. Which are subject to change and interpretation at any time. Is provided in good faith and based on the circumstances known to us. It is your responsibility to obtain appropriate professional advice and to verify the accuracy of any information we provide.

19. Applicable law

This contract is governed by the law of the country in which the office of the company issuing this contract is situated.

20. Your forwarding address

20.1 If you place goods into storage, you must provide a correspondence address and notify us of any change. All correspondence and notices will be deemed received seven days after being sent to the last address recorded by us.

20.2 If you do not provide an address, or do not respond to our correspondence or notices, we may publish such notices in a public newspaper in the area from or to which the goods were moved. The notice will be deemed received seven days after the publication date. If we are unable to contact you, we will charge you for any costs incurred in establishing your whereabouts.

21. List of goods (inventory) or receipt

Where we provide you with an inventory or receipt, it will be accepted as accurate unless you notify us of any errors or omissions in writing within 10 days of the date we send it (or within a reasonable period agreed between us).

22. Revision of storage charges

Storage charges are reviewed periodically. You will be given 3 months' written notice of any increase.

23. Our right to sell or dispose of the goods

If our charges relating to your goods fall into arrears, we may. On giving you 28 days' notice. Require you to remove your goods from our custody and pay all sums owed. If you fail to pay the outstanding balance, we may sell or dispose of some or all of the goods without further notice. The costs of the sale or disposal will be charged to you. The net proceeds will be credited to your account and any surplus paid to you without interest. If the full amount owed is not recovered, we may pursue you for the balance.

Contact

Questions about these terms? Please email office@apex-removals.co.uk or call 0330 8080 570.