Clause 4 and Clauses 9 to 12 of our Terms and Conditions
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 and/or storage, 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 or storage.
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.
4.5 If you do not provide us with a declaration of value of your goods, or if you
do not require us to accept standard liability pursuant to clause 9.1 we will not
be liable to you for failure to discharge the responsibilities identified in clause
4.1 and 4.2, unless that failure was caused by 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.
9. Determination of amount of our liability for loss or damage
9.1 Standard Liability.
9.1.1 If you provide us with a declaration of the value of your goods, and
subject to clause 3.1.1, the amount of our liability to you in the
event of loss or damage to those goods in breach of clause 4 will be
determined in accordance with Clauses 9.1.2, 9.1.3 and 11 below,
subject to a maximum liability of £50,000. We may agree to accept
liability for a higher amount, in which case we may make an
additional charge.
9.1.2 In the event of loss of or damage to your goods in breach of clause
4, our liability to you is to be assessed as a sum equivalent to the
cost of their repair or replacement whichever is the smaller sum,
taking into account the age and condition of the goods immediately
prior to their loss or damage, and subject to the maximum liability
of £50,000 referred to in clause 9.1.1 (unless we have agreed a
higher amount with you).
9.1.3 Where the lost or damaged item is part of a pair or set, our liability
to you, where it is assessed as the cost of replacement of that item,
is to be assessed as a sum equivalent to the cost of that item in
isolation, not the cost of that item as part of a pair or set.
9.2 Limited Liability.
9.2.1 If you do not provide us with a declaration of value, or if you do not
require us to accept Standard Liability pursuant to clause 9.1, then
our liability to you is to be determined in accordance with Clauses
9.1.3, 9.2.2 and 11.
9.2.2 In the event of loss of or damage to your goods caused by
negligence or breach of contract on our part, our liability to you is
to be assessed as a sum equivalent to the cost of their repair or
replacement, taking into account their age and condition
immediately prior to their loss or damage, subject to a maximum
liability of £40 per item. Your attention is drawn to clause 11.1
which applies to Limited Liability.
9.3 For goods destined to or received from a place outside the UK
9.3.1 We will only accept Standard Liability if you provide us with a
detailed valuation of your goods on the valuation form which we
provide. All other provisions of Clause 9.1 will apply.
9.3.2 We do not accept liability for loss of or damage to goods
confiscated, seized, removed or damaged by Customs Authorities or
other Government Agencies unless we have been negligent or in
breach of contract.
9.3.3 We do not accept liability for loss of or damage to goods occurring
in certain overseas countries, including Gambia, Iran, Iraq, Nigeria,
Libya, Lebanon, Angola, Cambodia, Vietnam, N. Korea and Former
States of the USSR, unless we have been negligent or in breach of
contract. This list is not exhaustive, and we will advise you at the
time of quotation if this exclusion applies.
We will accept liability for loss or damage
(a) arising from our negligence or breach of contract whilst
the goods are in our physical possession, or
(b) whilst the goods are in the possession of others if the
loss or damage is established to have been caused by our
failure to pack the goods to a reasonable standard where we
have been contracted to pack the goods that are subject to
the claim.
In either circumstance clause 9.1 or 9.2 above will apply.
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 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 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.
10.1.3 If we are responsible for causing damage to your premises or to
property other than goods submitted for removal and/or storage,
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 In respect of Limited Liability, we will not be liable for loss of or damage to
your goods as a result of fire or explosion howsoever that fire or explosion
was caused, unless we have been negligent or in breach of contract.
11.2 In respect of Standard Liability and Limited Liability, other than as a result of
our negligence or breach of contract we will not be liable for any loss of,
damage to, or failure to produce the following goods :-
11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other
Documents or Electronically held Data Records, Mobile
Telephones
11.2.2 Plants or goods likely to encourage vermin or other pests or to cause
infestation or contamination.
11.2.3 Perishable items and/or those requiring a controlled environment.
11.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones
and Metals, Money, Coins, Deeds.
11.2.5 Any animals, birds or fish.
11.3 In respect of Standard Liability and Limited Liability, other than as a result of
our negligence or breach of contract we will not be liable for any loss of,
damage to, or failure to produce the goods if caused by any of the following
circumstances:-
11.3.1 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 our
reasonable control.
11.3.2 Loss or damage arising from ionising radiations or radioactive
contamination
11.3.3 Loss or damage arising from Chemical, Biological, Bio-chemical,
Electromagnetic Weapons and Cyber Attack
11.3.4 Indirect or consequential loss of any kind or description
11.3.5 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.
11.3.6 By vermin, moth, insects and similar infestation, damp, mould,
mildew or rust
11.3.7 By cleaning, repairing or restoring unless we arranged for the work
to be carried out.
11.3.8 By change to atmospheric or climatic conditions.
11.3.9 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.
11.3.10 Loss of or damage to china, glassware and fragile items unless they
have been both professionally packed and unpacked by the us or our
Subcontractor. In the event of an accident involving an owner
packed container where damage would have occurred irrespective
of the quality of the packing, then our liability is limited to £100 or
its actual value whichever is less.
11.3.11 For electrical or mechanical derangement to any appliance,
instrument, clock, computer or other equipment unless there is
evidence of related external damage.
11.3.12 Loss or damage of motor vehicles caused by scratching, denting and
marring unless you obtain from us a pre-collection condition report.
11.3.13 Loss or damage to a vehicle whilst being driven or for the purpose
of being driven under its own power other than for the purpose of
loading onto or unloading from the carrying conveyance or
container. Loss or damage sustained by accessories and removable
items unless lost with the vehicle
11.3.14 For any goods which have a pre-existing defect or are inherently
defective.
11.4 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.
11.5 Our liability will cease upon handing over goods from our warehouse or upon
completion of delivery (see Clause 12.2 below).
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 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 to you or your agent.
12.3 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.
12.4 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.
All work is carried out in accordance with our full Terms and Conditions which appear on a separate sheet of paper
Website Information
Use of this web site
In these Terms and Conditions 'we, our, us,' refers to Taxi Truck Removals.
ACCEPTANCE OF TERMS
By accessing the content of www.taxitruckremovals.co.uk and all associated URLs ('the web site') you agree to be bound by the terms and conditions set out herein and you accept our privacy policy available here. If you object to any of the terms and conditions set out in this agreement you should not use any of the products or services on the web site and leave immediately.
You agree that you shall not use the web site for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the web site in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the web site. You also agree not to compromise the security of the web site or attempt to gain access to secured areas or sensitive information.
You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement.
MODIFICATION
We reserve the right to change any part of this agreement without notice and your use of the web site will be deemed as acceptance of this agreement.
We advise users to regularly check the Terms and Conditions of this agreement. We have complete discretion to modify or remove any part of this site without warning or liability arising from such action.
LIMITATION OF LIABILITY
We will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the web site. Nothing within this Agreement will operate to exclude any liability for death or personal injury arising as result of the negligence of Taxi Truck Removals, its employees or agents.
COPYRIGHT
All intellectual property of Taxi Truck Removals such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the web site remain the property of Taxi Truck Removals.
By using the web site you agree to respect the intellectual property rights of Taxi Truck Removals and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the web site.
DISCLAIMERS
The information is provided on the understanding that the web site is not engaged in rendering advice and should not be wholly relied upon when making any related decision. The information contained with the web site is provided on an 'as is' basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the web site.
We do not guarantee uninterrupted availability of the www.taxitruckremovals.co.uk web site and cannot provide any representation that using the web site will be error free.
THIRD PARTIES
The web site may contain hyperlinks to web sites operated by other parties. We do not control such web sites and we take no responsibility for, and will not incur any liability in respect of, their content.
Our inclusion of hyperlinks to such web sites does not imply any endorsement of views, statements or information contained in such web sites.
SEVERANCE
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.
GOVERNING LAW AND JURISDICTION
This Agreement will be governed by the laws of England and any user of the web site hereby agrees to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.
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