The parties to this contract are Ace IT Relocation (‘the Contractor’) and the client or company who requests the relocation or storage services (‘the Customer’), The Contractor is not a common carrier.
- Quotation and price
(1) The quotation will remain open for acceptance for 30 days from the Quotation Date(2) The quotation is for a fixed price but the Contractor is entitled to increase the price after acceptance if due to circumstances beyond its control the performance of the contract becomes substantially more onerous for the Contractor to carry out(3) The increase in price shall be limited to the extra cost occasioned to the Contractor in carrying out the contract
- Programme of Works
The Contract period will be stated in the quotation giving a commencement and completion date. Working hours will be advised by the Client prior to submitting the quotation. Any change to the working hours may incur additional costs and time.
- Customer’s Warranties
The Customer undertakes and warrants(1) That he is the owner of the goods to be removed or stored.(2) That if he is not the owner of the goods, he is authorised by or has the consent of the owner to enter into this contract.(3) That there is proper and suitable access at all appropriate times to his premises to enable the Contractor to carry out the work described.(4) That he shall be solely responsible for the safety and security of all of the goods up to the point of departure from the collecting address and as from the point of arrival at the delivery address.(5) That he shall be solely responsible for the safeguarding of all the Contractor’s packing cases and any other relocation equipment during such time as the same are at the collecting address or at the delivery address during the relocation operation.(6) That he will obtain at his expense all documents necessary for the relocation to be carried out.(7) That he will arrange and pay for any necessary parking facilities for the Contractor’s vehicles.(8) That he will not submit for relocation or storage any dangerous or toxic article or substance or which is likely to encourage vermin or other pests or likely to cause or transmit any infectious or contagious disease.
- Payment by Customer
(1) Payment is strictly 14 days from date of invoice(2) The company reserves the right to charge interest for late payment and claim compensation for any costs incurred.(3) Stage payments may be requested in certain circumstances but these will be included in the quotation.(4) Set-off. The Customer shall not be entitled to withhold any part of the agreed price on the ground that he has a claim against the Contractor arising out of this or any other contract.
- Charges if you postpone or cancel the relocation
If you postpone or cancel this Agreement, We reserve the right to charge you a reasonable postponement or cancellation fee according to how much notice is given as set out below. “Working days” refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays.1) More than 10 working days before the relocation was due to start: No charge.2) Between 5 and10 working days inclusive before the relocation was due to start: not more than 30% of the relocation charge.3) Less than 5 working days before the relocation was due to start: not more than 60% of the relocation charge.4) 24 hours or less 100% of the relocation charge.
The Contractor reserves the right to sub-contract all or part of the relocation work. If the Contractor sub-contracts he does so as the agent of the Customer which means that the relocation will still be carried out in accordance with and subject to these terms and conditions
- Inter-change and method
The Contractor may at any time inter-change goods between vehicles and warehouses and may choose which route or by which means the goods shall be carried
- Inspection of goods and disposal of certain goods
(1) The Contractor reserves the right to open or inspect goods to ensure compliance with clause 4(8) above or in the interest of health, safety or security(2) If upon opening or inspecting the goods the Contractor on reasonable grounds believes that the Customer is in breach of clause 4(8) above or that the goods pose a threat to health, safety or security the Contractor shall be entitled (without prejudice to any other rights it may have) to dispose of the goods forthwith without compensation to the Customer
(1) Goods received or held by the Contractor are subject(a) to a particular lien for the payment of relocation or storage charges:(b) to a general lien for all monies owed to the Contractor for any services rendered to the Customer under this or any other contract.(2) If the lien is not satisfied within 28 days of the Contractors notification of the exercise of such lien, the Contractor shall be entitled to sell the Customer’s goods and apply the proceeds of sale towards satisfaction of the lien.
- Contractor’s Liability
(1) The Contractor shall not be liable for any loss or damage of any description (other than death and personal injury) or for any delay or mis-delivery of goods whether caused by the Contractor’s negligence or breach of any term of his contract (whether express or implied, statutory or otherwise) or caused in some other manner(2) In particular, the Contractor shall not be liable for any consequential loss or damage of any description howsoever arising(3) The Contractor is able to arrange all risks insurance at competitive premiums If the Customer accepts this insurance the Contractor’s liability will be limited to the risks covered by the policy. If the Customer does not accept this insurance clauses 11 (1) and (2) shall apply, and the Contractor strongly advises the Customer to review his own insurance arrangements to ensure adequate cover
- Damage to Premises or Property other than Goods
As third party contractors or others are frequently present at the time of collection or delivery it is not always possible to establish who was responsible for loss or damage, therefore our liability is limited as follows:(1) If we cause loss or damage to premises or property other than goods for relocation as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.(2) If we cause damage as a result of moving goods under Your express instruction, against our advice, and where moving the goods in the manner instructed is likely to cause damage, we shall not be liable.(3) If we are responsible for causing damage to Your premises or to property other than goods submitted for relocation and/or storage, You must note this on the work order or delivery receipt as soon as practically possible after the damage occurs or is discovered or in any event within a reasonable time. This is fundamental to the Agreement.
- Claim by third party against the Contractor
If the Contractor is required to pay any charge, expense, damage or penalty to a third party arising out of the performance of the contract, the Customer will indemnify the Contractor against such payment unless it was brought about by the Contractor’s negligence
If any dispute or difference shall arise between the Contractor and the Customer the matter shall be referred to the arbitration of a single arbitrator to be agreed between the parties
- Proper law of the Contract
These terms and conditions shall be governed by English law if the Customer resided in England or Wales at the date of acceptance of the quotation or by Scottish law if at the said date the Customer resided in Scotland
- Variations of Terms
No variation of these terms and conditions shall be effective unless the variation is recorded in writing and acknowledged by the other party prior to work commencingThankyou. The team at www.aceitrelocation.co.uk