K & K Moves Limited Terms of Use

Thank you for your interest in the services of K & K Moves Limited. It is the policy of our business to make our Terms and Conditions available to every new client. By accepting our offer of services, you confirm your agreement to the Terms and Conditions as set out below. Please take your time to read through them and, if you have any questions or wish to have any clarification, please get in touch with us. 

TERMS AND CONDITIONS

Introduction

These conditions explain the rights, obligations, and responsibilities of all parties to this Agreement. Where we use the word “you” or “your” it means the Customer or the representative of the Customer. “We”, “us” or “our” means representatives of K & K Moves Limited, the Remover and any sub-contractors. It is important that you take your time to read them carefully. These terms and conditions can be varied or amended subject to prior written agreement. Your attention is drawn to Clauses9, 10, and 11which limit our liability and you should therefore consider specialist insurance to cover your goods or premises. By confirming a booking with us, you confirm your agreement to be legally bound by these Terms and Conditions. 

1 Our Quotation

1.1 Our quotation, unless otherwise stated, does not include insurance, customs duties and inspections or any other fees or taxes payable to government bodies.
1.2 We may change the price or make additional charges if circumstances are found to apply which have not been taken into account when preparing our quotation and confirmed by us in writing. These include:
1.2.1 You do not accept our quotation in writing within 28 days;

1.2.2 You ask us to provide additional work or add more Goods to the service agreed, in which case we will advise of the price increase at the place and time of change; 
1.2.3 Our costs change because of currency fluctuations or changes in taxation or freight charges beyond our control;
1.2.4 The work is carried out on a Public Holiday or outside normal hours (07:00 – 18:00) at your request;
1.2.5 We have to collect or deliver goods at your request above the ground floor and first upper floor (in which case a further increase in the final price may apply); 
1.2.6 Goods packed by you are not packed to a reasonable standard to be moved by us safely; 
1.2.7 The stairs, lifts or doorways are inadequate for free movement of the goods without mechanical equipment or structural alteration, or the approach, road or drive is unsuitable for our vehicles and/or containers to load and/or unload within 20 metres of the doorway;
1.2.8 We have to pay parking or other fees (such as toll charges, congestion charge, extra fuel, or any other expenses outside our control) or charges in order to carry out services on your behalf;
1.2.9 There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work;

1.2.10 This quote is based on having access to the property from the agreed start time and does not cover for any delays resulting from inability to receive the keys on time. Any additional time due to such delays may be subject to an additional charge;

1.2.11 Delays as a result of additional packing time needed by the customer;

1.2.12 Where there is a need for additional packing resources or materials, including and not limited to: extra labour, special coverage for piano removal, etc. which have not been agreed prior to the commencement of the work, will be charged as an addition to the existing quote, unless we have agreed all of these needs in writing; 
1.2.13 We agree in writing to increase our limit of liability set out in Clause 9.
1.3 In any such circumstances, adjusted charges may apply and become payable.

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2 Work not included in the quotation

2.1 Unless agreed by us in writing, we will not:
2.1.1 Dismantle or assemble unit or system furniture (flat-pack), fitments or fittings;
2.1.2 Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment;
2.1.3 Take up or lay fitted floor coverings;
2.1.4 Move items from a loft, unless properly lit and floored and safe access is provided;
2.1.5 Move or store any items excluded under Clause 5. 
2.2 Our staff are not authorized or qualified to carry out such work. We recommend that a properly qualified person is separately employed by you to carry out these services. 

2.3 If, upon your request and your agreement, one of our employees or sub-contractors carries out such work, with or without our written agreement, we shall not be liable for any loss or damage which may occur, unless there is a physical damage to the item resulting from the move.

3 Your responsibility

3.1 It will be your sole responsibility to:
3.1.1 Declare to us, in writing, the value of the goods being removed and/or stored. If it is subsequently established that the value of the goods removed or stored is greater than the actual value you declare, you agree that our liability under Clause 9 will be reduced to reflect the proportion that your declared value bears to their actual value;
3.1.2 Arrange adequate insurance cover for the goods submitted for removal transit and/or storage, against all insurable risks as our liability is limitedunder Clause 9;
3.1.3 Obtain at your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed;
3.1.4 Be present or represented during the collection and delivery of the removal to ensure that no goods are left behind or taken away in error. It is also your responsibility to thoroughly check the pick-up address before our staff leave the premises. K &K Moves Limited will not be liable for any extra costs incurred as a result of failure to check. Any items left behind may be delivered at the client’s expense;
3.1.5 Ensure authorized signature on agreed inventories, receipts, waybills, job sheets or other relevant documents by way of confirmation of collection or delivery of goods;
3.1.6 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;
3.1.7 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal;
3.1.8 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents;
3.1.9 Provide us with a contact address for correspondence during removal transit and/or storage of goods;

3.1.10 Allow us to carry out our responsibilities. Should you assist with any aspect of the moving of items and damage is caused during this assistance then no liability shall be held by us;

3.1.11 Provide us with any information reasonably required, to assist with the free movement of items to be moved, and to advise of any special requirements or care of particular items;

3.1.12 Arrange for suitable protection or coverings for carpets and other floor coverings;

3.1.13 Ensure there is suitable parking available within 10 metres of an appropriate doorway;

3.1.14 Pay for any parking or meter suspension charges which we incur whilst carrying our work for you;

3.1.15 Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties;

3.1.16 Dismantle any items that were previously assembled in the room the item is in, due to the size, weight or nature of the item prohibiting it being able to be moved into, out of, and throughout the property without being dismantled, unless agreed by us in writing;

3.1.17 Ensure that the goods are adequately packed or packaged for transportation.
3.2 Other than by reason of our negligence or breach of contract, we will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.

3.3 We reserve the right to refuse or stop the service or job, at any point, if our staff are abused, verbally or otherwise.

4 Our responsibility

4.1 It is our responsibility to deliver your goods to you, or produce them for your collection, undamaged. By “undamaged” we mean in the same condition as they were in at the time when they were packed or otherwise made ready for transportation and/or storage.
4.2 In the event that we have undertaken to pack the goods, or otherwise make them ready for transportation, it is our responsibility to deliver them to you, or produce them for your collection, undamaged. Again, by "undamaged" we mean in the same condition as they were in immediately prior to being packed/made ready for transportation. 

4.3 If we fail to discharge the responsibilities identified in clause 4.1 and 4.2, we will, subject to the provisions of clauses 9, 11 and 12, be liable under this agreement to compensate you for such failure.
4.4 We will not be liable to compensate you where clauses 2.2, 3.2, 5.2 and 5.3 apply unless loss or damage occurred as a result of negligence or breach of contract on our part. 

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

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5 Goods not to be submitted for removal

5.1 Unless previously agreed in writing by a director or other authorized company representative, the following items must not be submitted for removal and will under no circumstances be moved or stored by us. The items listed under 5.1.1 below may present risks to health and safety and of fire. Items listed under 5.1.2 to 5.1.6 below carry other risks and you should make your own arrangements for their transport and storage:
5.1.1 Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition;
5.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind;
5.1.3 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination;
5.1.4 Perishable items and/or those requiring a controlled environment;
5.1.5 Any animals, birds or fish;
5.1.6 Goods which require special licence or government permission for export or import.
5.2 If we do agree to remove such goods, we will not accept liability for loss or damage unless we are negligent or in breach of contract, in which case all these conditions will apply. 

5.3 If you submit such goods without our knowledge, we will make them available for your collection and if you do not collect them within a reasonable time we will apply for an appropriate court order to dispose of any such goods found in the consignment without notice. You will furthermore pay to us any charges, expenses, damages, legal costs or penalties incurred by us.

6 Ownership of the goods

6.1 By entering into this Agreement, you guarantee that:
6.1.1 The goods to be removed and/or stored are your own property, or
6.1.2 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;
6.1.3 You will pay us for any claim for damages and/or costs brought against us if either warranty 6.1.1 or 6.1.2 is not true.

7 Changes if you postpone or cancel the removal

At this moment in time, we do not require advance deposits for any bookings. This means that you will not be charged anything, should you wish to cancel your booking. However, should you wish to change the date or time of your booking, our confirmation will be subject to availability. 

8 Payment

8.1 Unless otherwise agreed by us in writing:
8.1.1 Payment is required by cleared funds immediately upon completion of the removal or any other service carried out by us;
8.1.2 You may not withhold any part of the agreed price, even in the event of any loss, damage to the goods or any dispute between you and us;
8.1.3 We reserve the right to hold the goods until full payment is cleared;
8.1.4 In respect of all sums which are overdue to us, we will charge interest on a daily basis calculated at 4% per annum above the prevailing base rate for the time being of the Bank of England;
8.1.5 We do not accept cheques. 

9 Determination of amount of our liability for loss or damage

9.1 Our liability for loss or damage is limited, as set out in clause 9.1.1 below. You may, however, request us to increase our liability, as set out in the clause 9.1.2 below:
9.1.1 In the event of our negligence or breach of contract resulting in loss of or damage to your goods, we will pay a sum equivalent to the cost of their repair or replacement whichever is the smaller sum up to a maximum of £40 for any one item, or
9.1.2 Prior to the commencement of work and subject to us having received your itemized valued inventory (see 3.1.1) we may agree to increase our liability, for an additional charge. We will not unreasonably withhold consent to such a request. This is not insurance cover and you are strongly advised to accept the insurance offered in our quotation, or if arranging insurance cover yourself, you are advised to show this contract to your insurance company.
9.2 For the purposes of this Agreement an item is defined as:
9.2.1 The entire contents of a box, parcel, package, carton, or similar container; and
9.2.2 Any other object or thing that is moved, handled or stored by us.

9.3 Our insurance company will seek to repair any damaged item (if possible) in the 1st instance. Where necessary, we will arrange for an independent estimate or assessor for the repair or replacement of a damaged item.

9.4 We will treat an individual item of a matching set of articles or suite of furniture or sanitary fittings or other bathroom fittings as a single item. We will pay for damaged items but not for the other pieces of the set or suite which is not damaged.

9.5 It is Your responsibility to provide an inventory prior to moving your items. No claim may be made in respect of any item not described in the inventory or receipt.

9.6 Please note that while we may agree to dismantle and assemble any furniture (flat-pack, IKEA, custom-made, etc.), we will not be liable for any damage or incapacity to function correctly, unless there is any visible physical damage resulting from our handling. 

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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 goods for removal as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only;
10.1.2 If some damage occurs, such as marks or scruffs as a result of difficult access or it being unavoidable, we will not be liable;

10.1.3 If we cause loss or damage to premises or property other than goods for removal as a result of our negligence or breach of contract, our liability shall be limited up to £60;
10.1.4 If we cause damage as a result of moving goods under your express instruction, against our advice, and where to move the goods in the manner instructed is likely to cause damage, we shall not be liable;
10.1.5 If we are responsible for causing damage to your premises or to property other than goods submitted for removal, you must note this on the worksheet or delivery receipt as soon as practically possible or within a reasonable time. This is fundamental to the Agreement.

11 Exclusions of liability

11.1 Other than as a result of our negligence or breach of contract we will not be liable for any loss, damage or failure to produce the goods if caused by any of the following circumstances:
11.1.1 By fire howsoever caused;
11.1.2 By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military power, third party industrial action or other such events outside our reasonable control;
11.1.3 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.
11.1.4 By moth or vermin or similar infestation;
11.1.5 By cleaning, repairing or restoring unless we arranged for the work to be carried out.
11.1.6 By change to atmospheric or climatic conditions;

11.1.7 For any goods that have been packed or unpacked by you or others; 
11.1.8 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us;
11.1.9 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage;
11.1.10 For any goods which have a pre-existing defect or are inherently defective;
11.1.11 For animals and their cages or tanks including pets, birds or fish;
11.1.12 For plants;
11.1.13 For perishable items and/or those requiring a controlled environment;
11.1.14 For items referred to in Clause 5;

11.1.15 For damages or costs resulting indirectly from, or as a consequence of, loss, damage or failure to produce the goods including but not limited to loss of use or amenity.
11.2 No employee of ours shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement.

12 Time limit for claims

12.1 For goods which we deliver, you must notify us in writing of any visible loss, damage or failure to produce any goods at the time of delivery.
12.2 Notwithstanding clauses 9, 10 and 11, we will not be liable for any loss of or damage to the goods unless a claim is notified to us, or to our agent or the company carrying out the collection or delivery of the goods on our behalf, 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 us.
12.3 The time limit for notifying us of your claim may be extended upon receipt of your written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld.
12.4 All claims are subject to £250 excess. 

13 Delays in Transit 

13.1 Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit.
13.2 If through no fault of ours we are unable to deliver your goods, we will take them into store. The Agreement will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense.

14 Our Right to Hold the Goods (Lien)

We shall have a right to withhold and/or ultimately dispose of some or all of the goods until you have paid all our charges and any other payments due under this or any other Agreement. These include any charges that we have paid out on your behalf. While we hold the goods you will be liable to pay all storage charges and other costs incurred by our withholding your goods and these terms and conditions shall continue to apply.

15 Our Right to Sub-Contract the Work

15.1 We reserve the right to sub-contract some or all of the work.
15.2 If we sub-contract, then these conditions will still apply.

16 Route and Method

16.1 We have the right to choose the method and route by which to carry out the work.
16.2 Unless it has been specifically agreed otherwise in writing in our Quotation, other space/volume/capacity on our vehicles and/or the container may be utilized for consignments of other customers.

17 Advice and information for International Removals

Whilst K & K Moves Limited does not yet offer international removals, we will use our reasonable endeavours to provide you with up to date information to assist you with the import/export of your goods. Information on such matters as national or regional laws and regulations which are subject to change and interpretation at any time is provided in good faith and is based upon existing known circumstances. It is your responsibility to seek appropriate advice to verify the accuracy of any information provided.

18 List of goods (inventory) or receipt
Where we produce a list of your goods (inventory) or a receipt and send it to you, it will be accepted as accurate unless you write to us within 10 days of the date of our sending, or a reasonable period agreed between us, notifying us of any errors or omissions. 

19 Our right to Sell or dispose of the Goods 

If payment of our charges relating to your goods is in arrears, and on giving you one month’s notice, we are entitled to require you to remove your goods from our custody and pay all money due to us. If you fail to pay all outstanding amounts due to us, we may sell or dispose of some or all of the goods without further notice. The cost of the sale or disposal will be charged to you. The net proceeds will be credited to your account and any eventual surplus will be paid to you without interest. If the full amount due is not received, we may seek to recover the balance from you.

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20 Data Protection

K & K Moves Limited will collect and process information relating to you in accordance with our privacy policy. To protect your privacy, we will not loan, rent or sell any personal details to any third parties, other than as for requirement to compete our work (such as to any Removal Operatives, or any other sub-contractors) without your explicit prior permission. 

For the purposes of this clause, Data Protection Legislation includes the General Data Protection Regulation (GDPR) and any national implementing laws, regulations and secondary legislation including the Data Protection Act 2018 (DPA 2018) relating to data protection and privacy, as amended or updated from time to time, in the UK, as well as any successor legislation to the GDPR and DPA 2018.

21 Disputes

If there is a dispute arising from this agreement which cannot be resolved, subject to the agreement of both parties, either you or we may refer the dispute to an arbitrator appointed by the Chartered Institute of Arbitrators. The cost of any such arbitration will be at the discretion of the arbitrator. This does not prejudice your right to commence court proceedings.

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22 Governing Law

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

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23 Jurisdiction 

The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

24 Termination

You may at any time terminate your engagement with immediate effect with no liability to make any further payment to us (other than in respect of any accrued fees or expenses at the date of termination) by writing to us at any time.

25 Acceptance of Terms and Conditions

By confirming your booking and providing any debit or credit card details, you are accepting all of K & K Moves Limited Terms and Conditions.