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THE SHORE PORTERS SOCIETY
THE SHORE PORTERS SOCIETY T/A RUMSEY & SON
Privacy Policy

Should you have any questions regarding anything contained within this policy, please contact us at info@shoreporters.com or using the details set out in the section “How to Contact Us”.

Published: 24th May 2018

Thank you for visiting our Website and reviewing our privacy policy.  This page explains how The Shore Porters Society and The Shore Porters Society T/A Rumsey & Son uses any information you provide and the ways in which we protect your privacy.

Our privacy policy is clear.  We will not collect personal information about you unless you choose to provide that information to us.  If we collect that information, how we handle the information is noted below.  We are committed to protecting and respecting your privacy.

The Shore Porters Society provides a range of "Services" not limited to; Moving, Destination Services, Storage, and Training.  To provide our services, it will be necessary to obtain some Personal information such as Name, Contact Details and other such details which identify you and your family (where applicable).

This Privacy Policy, together with our Terms and Conditions, our Data Subject Consent Letter (if applicable) and any other documents referred to in any of the aforementioned (together with the "Policy") describes the types of personal information we collect, how we use the information, with whom we share it, and the choices you can make about our use of the information.  We also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices.  In some cases, where applicable, we may ask you to sign a separate form of a letter ("Data Subject Consent Letter") to indicate your explicit consent to our processing of your personal data for the purposes set out in the Policy.  However, please note that the absence of (i) such a request, or (ii) a Data Subject Consent Letter signed by you, is not intended to be conclusive of this issue and we shall be entitled to conclude that, by visiting us at any of our approved websites, or agreeing to receive Services from us, you are accepting and consenting to the practices described in the Policy.  Notwithstanding this, you have the right to contact us to object to or make certain requests in relation to, the processing of your personal data as explained further in the Your Rights as Data Subject section of this policy.

According to GDPR regulations you are entitled to know the identity of your "Data Controller" i.e. the legal entity which determines why and how your personal data is processed.

Your relevant data controller may vary, depending on how you are receiving services from us.  For example:

  • Corporate Clients:  If you are being relocated as part of your employment, your relevant Data Controller may be your relevant employer who has engaged us to provide services.  In such case, this Policy may not apply to you and please refer, instead, to your employer’s privacy policy or employee handbook for further information as to how your personal data may be handled. Even if this Policy does not directly apply to you, The Shore Porters Society will as Data Processor process personal data under the Data Controller’s instructions and will do its best to handle your personal data in line with the principles set out in this Policy.
  • Direct Individuals:  If you are engaging The Shore Porters Society directly to provide services for you, then your relevant Data Controller is likely to be that particular Shore Porters entity which is providing those services to you.
  • Partners:  If you normally deal with one of our business partners but have been referred to us to receive specific services at the behest of that business partner, then that business partner may be your relevant Data Controller.  In such case, this Policy may not apply to you and please refer, instead, to that business partner’s privacy policy.  Even if this Policy does not directly apply to you, Shore Porters will as data processors process personal data under the data controller’s instructions and will do its best to handle your personal data in line with the principles set out in this Policy.


Information we collect from you

We may collect personal information (including personally identifiable information or sensitive personal data) about you and/or your family ("Your Data") in the following ways:

The information you give us - This is information that you and/or your family gives us by filling in forms on our websites or by corresponding with us by phone, E-Mail or otherwise. This includes when you use our websites or inquire about, or use, any of our moving, relocation, storage or training services (the "Services").  This information may include you and/or your family’s name, address, E-Mail address, phone number or other contact details, marital status, date of birth, occupation, role/title/area of responsibilities, financial and credit card information, personal description/preferences and photograph and other sensitive information (including as required by laws and regulations addressing insurance and related matters or as required to provide the Services).

Of course, you are not required to supply any of the information that we may request, although this might limit the "Services" we are able to offer you.  While we make every effort to ensure that your Data is accurate, complete and up to date, you can help us considerably in this by promptly notifying us if there are any changes to Your Data (please see the How to Contact Us section below).

Information we collect about you

We collect information about you to provide "Services" that you may have registered an interest in.  We, our service providers and other business partners collect certain information by using automated means such as cookies, when you interact with our advertisements, mobile applications, or visit our website pages.
 
This information may include your IP address, browser type, operating system, the full URLs, referring URLs and information on actions taken or interaction with our digital assets.

We may use third-party web analytics services on our websites and other digital assets, to help us analyse how visitors use our websites and other digital assets.

We, our service providers and our business partners may also collect information about your activities on our websites and other digital assets for use in providing you with content and advertising tailored to your individual interests.  The information collected for these purposes may include details about things like the particular pages or advertisements you view on our websites and the actions you take on our websites and or other digital assets.

Information we may receive from other sources

We are working closely with third parties (including, for example, your employer, business partners and technical sub-contractors, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies, financial institutions, criminal check services, government enforcement bodies) and may receive information about you from them.

Cookies

Our website uses cookies.  A cookie is information that a website stores on your computer so that it can remember something about you at a later time.  Cookies are commonly used on the Internet and do not harm your computer.  This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.  The cookies used on our websites do not collect any personal information that others could read and understand about you, such as your name.

All of our websites currently use cookies for the purpose of collating general, non-personal management information that is used to plan enhancements to our website.  For example, cookies help us to understand the popular paths that users take through our website and how often they visit.

If you do not want us to use cookies when you visit our websites, you can configure your browser not to accept them.  Disabling the use of cookies should not adversely affect your use of the websites.  To find out how to disable the use of cookies, please refer to your browsers help facility or the manufacturer's instruction manual.

How will we use your information?

We may use Your Data in the following ways.

  • To provide you and/or your family with the Services (as applicable)
  • To administer, operate, facilitate and manage your and/or your family’s relationship and/ or account with us, and to otherwise, including contacting you or, if applicable, your designated representative(s) by post, telephone, e-mail, etc.
  • To notify you about changes to the Services
  • To operate, evaluate and improve our business (including developing new products and services, troubleshooting, data analysis, testing and research and statistical and survey purposes), managing our communications, determining the effectiveness of and optimising our advertising, analysing our products, services, websites, mobile applications and any other digital assets, facilitating the functionality of our websites, mobile applications and any other digital assets, to ensure the content of our site is presented in the most effective manner for you and for your computer, and performing accounting, auditing, billing, reconciliation and collection activities
  • As may be required by applicable laws and regulations or requested by any relevant judicial process or governmental agency
  • To comply with industry standards and our policies


We may also use your information for Marketing purposes subject to below:

Where you have provided your consent, to provide you, or permit selected third parties to provide you, with information recommendations or advice concerning our offers, promotions, products, and services, including those products and services which you request from us.  If you are an existing customer (and save for where this is permitted under Applicable Data Protection Laws or where you have provided your consent to further marketing) we will only contact you with information about goods and services similar to those which were the subject of a previous sale or negotiation of a sale to you.  If you are a new customer, and where we permit selected third parties to use your data, we, (or they) will contact only if you have consented to this, save for where this is otherwise permitted under Applicable Data Protection Laws.  If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, then you may send a request for us to opt out by contacting us at any time (please see How to Contact Us section below).

Disclosure of your Data

We may share your data with:

  • Any member of our firm subject to the terms of this Privacy Policy
  • Selected third parties including Business Partners, Suppliers, and Sub Contractors for the performance of the Services (as applicable)
  • Credit Reference Agencies for assessing your credit score where this is a condition of us providing the Services to you and/or your family and where authorised under Applicable Data Protection Law and Your Employer, External Medical Bodies, Disclosure and Criminal Check Services, Police Forces and Courts and relevant Immigration Authorities for the purposes of preparing and processing your Visa Application.


We may also disclose Your Data to third parties:

  • In the event that we sell or buy any business or assets in which case we may disclose Your Data to the prospective Seller or Buyer of such business or assets.
  • If we are under a duty to disclose or share Your Data to comply with any legal obligation, or to enforce or apply our Terms and Conditions and other agreements, or to protect the rights, property, or safety of our group, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and risk reduction.

Data Retention and Transfer of Data to Third Parties

The Shore Porters Society provides Services worldwide so to perform these Services it may be necessary to transfer personal information to other countries.  The personal information that we collect from you may be transferred to and stored at, a destination outside the European Economic Area ("EEA") or Switzerland.  It may also be processed by business partners or sub-contractors who are engaged in, among other things, providing you and/or your family with the Services (as applicable), the processing of your personal details and the provision of support services.  Assurances of adequate protection to Personal Data are obtained whether it be by Vendor Contracts, Data Processing Agreements, Privacy Shield or Model Contracts.

By submitting your data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that Your Data is treated securely and in accordance with this Privacy Policy.  All information you provide to us is stored on our secure servers.  We use encryption when we transfer certain personal information.

The security of Your Data is important to us.  We are committed to protecting the information we collect.  We maintain administrative, technical and physical safeguards designed to protect the personal information you provide, or we collect against accidental, unlawful or unauthorised destruction, loss, alteration, access, disclosure or use.

We store Your Personal Data only for as long as it is necessary to fulfil the purpose for which it is was collected unless otherwise required or authorised by Applicable Data Protection Law. We take measures to destroy or permanently de-identify Your Data if required by law or if Your Data is no longer required for the purpose for which we collected it.

In some instances, the Shore Porters Society is required to retain personal information in accordance with the law such as Tax and Audit purposes and may, therefore, be retained for an additional period.

Unfortunately, the transmission of information via the internet is not completely secure.  Although we will do our best to protect Your Data, we cannot guarantee the security of Your Data transmitted to our websites or other digital assets which are in the Public Domain, any transmission is at your own risk.  Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access in accordance with industry standards.

Your Rights as a Data Subject

Under Applicable Data Protection Law, you have certain rights regarding the personal information we maintain about you.  We also offer you certain choices about what personal information we collect from you, how we use that information and how we communicate with you.

You can choose not to provide personal information to us.  You also may refrain from submitting information directly to us.  However, if you do not provide Your Data when requested, you and/or your family may not be able to benefit from the Services (as applicable) and we may not be able to provide you with information about our products, services, and promotions.

To the extent provided by applicable law, you may withdraw any consent you previously provided to us, or object at any time on legitimate grounds, to the processing of Your Data.  We will apply your preferences going forward.  In some circumstances, withdrawing your consent to our use or disclosure of Your Data will mean that you cannot take advantage of certain Services.

Subject to applicable Data Protection Law, you may have the right to obtain confirmation that we hold personal information about you, request access to and receive information about the personal information we maintain about you, receive copies of the personal information we maintain about you (paper or electronic means for portability), update and correct inaccuracies in your personal information, object to the automated processing of your personal information including profiling, and have the information blocked, restricted, anonymised or deleted, as appropriate.  The right to access personal information may be limited in some circumstances by local law requirements.  To exercise these rights, please contact us.

You have the right to ask us not to process Your Data for marketing purposes.  We will usually inform you (before collecting Your Data) if we intend to use Your Data for such purposes or if we intend to disclose Your Data to any third party for such purposes.

You can exercise your right to prevent such processing by advising us before we collect Your Data.  You may also exercise this right at any time by contacting us.

Our websites or other digital assets may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates.  If you follow a link to any of these websites, please note that these websites have their own Privacy Policies and that we do not accept any responsibility or liability for these policies.  Please check these policies before you submit any personal data to these websites.

If you provide us with any information or material relating to another individual, you should make sure that the sharing with us and our further use as described to you from time to time is in line with applicable laws, so, for example, you should duly inform that individual on the processing of their personal data and obtain their consent, as may be necessary under applicable Data Protection Laws.

Access to Information

The Act gives you the right to access information held about you.  Your right of access can be exercised in accordance with applicable Data Protection Laws.  For example, if you are based in the UK, this will usually be the DP Act 1998 and EU Directive 95/46/EC and from 25th May 2018 GDPR regulation / DP Act 2018.  Any request should be made in writing and the best way for you to do so is to contact us at the address stated below, as we must be able to identify the person making the request.  Due to technological constraints and/or information security considerations, it may be inappropriate to use social media to supply information in response to any request by you for access to information, and so please provide an alternative delivery address for our response.

We may reject requests that are repetitive, require disproportionate technical effort, risk the privacy of others or would be extremely impractical.  In some cases where a request is excessive or unfounded a reasonable fee may be charged.  In an event where a request is rejected, we will provide you with a reason as to why.  If you are not satisfied, please refer to the section on Complaints.

Data Security and Integrity

The security, integrity, and confidentiality of your information are very important to us.  We have implemented controls to protect data from unauthorised access, modification, disclosure, and misuse.  We encrypt our data in transit and constantly review new technologies to protect your personal data.  Please bear in mind that despite our best efforts to safeguard your data, no security measures are perfect or impenetrable.

Complaints

If you wish to make a complaint about how your personal data is being processed or how your complaint is being handled, you have the right to lodge a complaint with the Supervisory Authority and Shore Porters Data Protection Officer, see “How to Contact Us”.

Changes to our Privacy Policy

Any changes we make to our Privacy Policy in the future will be posted on our website(s) and, where appropriate, notified to you by E-Mail.  Please check back frequently to see any updates or changes to our Privacy Policy.
 
How to Contact Us

If you have any questions or comments about this Privacy Policy, our Privacy Practices or if you would like us to update information or preferences you provided to us, please either E-Mail us at info@shoreporters.com  or write to us at the following address:

The Office Manager
The Shore Porters Society
1 Baltic Place
Aberdeen
AB11 5EW
United Kingdom

Website terms and conditions
Published: July 2014

Terms and conditions for use of our website
The site is managed by The Shore Porters Society (referred to as 'We' below). In entering our site you as a user ('You') are accepting our terms and conditions.

Using www.shoreporters.com
The access and use of the site constitutes your acceptance of these terms and conditions. The terms and conditions take effect from the date on which you first use the site after the published date above. These terms and conditions supersede any previous terms and conditions published on the site.

You agree to use this site only for lawful purposes, in a manner that does not infringe or restrict the use of this site by any other parties. You are prohibited from transmitting any unlawful, defamatory, obscene or offensive material, or any material that constitutes or encourages conduct that would be considered a criminal offence, or is likely to give rise to civil liability, or otherwise violates any law in your country. We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone using the site in an inappropriate manner.

Data collection
Please read our privacy policy.

By using the site you accept that information maybe collected by us for internal review to:

  • improve the content of the site
  • customise the content and/or layout of the site
  • notify users about updates to the site
  • contact users for marketing and other purposes

Information collected is not shared with other organisations for commercial purposes.

Disclaimer
Every effort has been made to ensure the information contained on this site is correct and up to date, including any links to other sites.

The site and material relating to the site services (or to third party information, products and services), is provided 'as is', without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

We do not warrant that the functions contained in the material contained in this site will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or represent the full functionality, accuracy, reliability of the materials.

In no event will we be liable for any loss or damage including, without limitation, indirect or consequential loss or damage, or any loss or damages whatsoever arising from use or loss of use of, data or profits arising out of or in connection with the use of the site.

Whilst every effort is made to ensure the accuracy of the content of the site we accept no responsibility or liability arising from the content nor for any error, omission, infringement, defamation, obscenity, or inaccuracy contained in any information within the site.

These terms and conditions shall be governed by and construed in accordance with the laws of Scotland. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Scotland.

Links to external websites
Any other websites linked to the site are not under our control. We are not responsible for the content of any linked site. Listing and linking should not be taken as an endorsement of any kind and we accept no liability in respect of the content. We cannot guarantee that these links will work all of the time and have no control over the availability of the linked pages.

Virus protection
We make every effort to check and test material at all stages of production. However, it is always wise for you to run an anti-virus program on all material downloaded from the internet. We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this website.

Copyright
This site is protected by copyright and is owned by The Shore Porters Society. We are happy to offer you the opportunity of visiting our web pages on the understanding that the information provided is for official use. It is not to be networked or distributed without the prior written consent of The Shore Porters Society.

BAR Model Terms and Conditions

INSURANCE
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: ‘We’, ‘Us’ or ‘Our’ means the Remover. These terms and conditions can be varied or amended subject to prior written agreement.

In Clauses 8, 9, 10, and 11 We limit or exclude Our liability for loss and damage. We recommend You arrange insurance to cover Your goods or premises. We are able to arrange insurance for Your benefit upon request. This insurance will be separate from this contract and subject to the terms and conditions of the policy.

1. Our Quotation

  • 1.1 Our quotation, unless otherwise stated, does not include insurance, cancellation/postponement waivers, customs duties, port charges including (but not limited to) demurrage, inspections, or any fees, or taxes payable to government bodies or agencies.
    • 1.2 Our Quotation is valid for twenty-eight days from the date of issue. Unless already included in Our Quotation, reasonable additional charges will apply in the following circumstances:
      • 1.2.1 If the work does not commence within twenty-eight days of acceptance;
      • 1.2.2 Where We have given You a price including redelivery from store within Our Quotation and the re-delivery from store has not taken place within six months from the date of the issue of the quotation;
      • 1.2.3 Our costs change because of currency fluctuations, changes in taxation, freight, fuel, ferry or toll charges beyond our control.
      • 1.2.4The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal hours (08.00-18.00hrs) at your request.
      • 1.2.5We have to collect or deliver goods at Your request above the ground floor and first upper floor.
      • 1.2.6 If You or Your agents request collection or access to Your goods whilst they are in store;
      • 1.2.7 We supply any additional services, including moving or storing extra goods (these conditions apply to such work).
      • 1.2.8 The entrance or exit to the premises, 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.
      • 1.2.9 We have to pay parking or other fees or charges (including fines where you have not arranged agreed suspension of parking restrictions) in order to carry out services on Your behalf. For the purpose of this Agreement parking fines for illegal parking, caused by Our negligence, are not fees or charges and You are not responsible for paying them.
      • 1.2.10 There are delays or events outside Our reasonable control which increase or extend the resources or time allowed to complete the agreed work.
      • 1.2.11 We agree in writing to increase Our limit of liability set out in Clause 8.1 prior to the work commencing;
    • 1.3 You agree to pay any reasonable charges arising from the above circumstances.

2. Work not included in the quotation

  • 2.1 Unless agreed by us in writing, we will not:
    • 2.1.1 Dismantle or assemble furniture of any kind
    • 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 4.
    • 2.1.6 Dismantle or assemble garden furniture and equipment including, but not limited to: sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or move paving slabs, planters and the like.
  • 2.2 Our staff are not authorised or qualified to carry out such work. We recommend that a properly qualified person is separately employed by You to carry out these services.

3. Your responsibility

  • 3.1 It will be your responsibility to:
    • 3.1.1 Arrange adequate insurance cover for the goods submitted for removal transit and/or storage, against all insurable risks as Our liability is limited under clauses 8.1 and 8.2.
    • 3.1.2 Obtain at Your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.
    • 3.1.3 Pay for any parking or meter suspension charges incurred by Us in carrying out the work.
    • 3.1.4 Be present or represented throughout the collection and delivery of the removal.
    • 3.1.5 Where We provide You with inventories, receipts, waybills, job sheets or other relevant documents You will ensure that they are signed by You or Your authorised representative as confirmation of collection or delivery of the Goods.
    • 3.1.6 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
    • 3.1.7 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.
    • 3.1.8 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
    • 3.1.9 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
    • 3.1.10Ensure that all domestic and garden appliances, including but not limited to washing machines, dish washers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them;
    • 3.1.11Provide Us with a correct and up to date contact address and telephone number during removal transit and/or storage of goods.
    • 3.1.12 Arrange appropriate transport, storage or disposal of goods listed in clause 4
  • 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.

4. Goods not to be submitted for removal or storage

  • 4.1 Unless previously agreed in writing by a director or other authorised company representative, the following items must not be submitted for removal or storage and will under no circumstances be moved or stored by Us. The items listed under 4.1.1 below may present risks to health and safety and of fire. Items listed under 4.1.2 to 4.1.7 below carry other risks and You should make Your own arrangements for their transport and storage.
    • 4.1.1 Potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
    • 4.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, mobile telephones, portable media and computing devices, stamps, coins, or goods or collections of any similar kind.
    • 4.1.3 Goods likely to encourage vermin or other pests or to cause infestation or contamination.
    • 4.1.4 We shall notify you in writing as soon as practicable if any of the Goods, are in Our opinion hazardous to health, dirty or unhygienic or likely to attract vermin or pests and under what conditions we would be prepared to accept such Goods or whether we refuse to accept them. Should we refuse to accept the goods We will have no liability to You.
    • 4.1.5 Perishable items and/or those requiring a controlled environment.
    • 4.1.6 Any animals, birds, fish, reptiles or plants.
    • 4.1.7 Goods which require special licence or government permission for export or import.
    • 4.1.8 Under no circumstances will Prohibited or stolen goods, drugs or pornographic material be moved or stored by Us.
  • 4.2 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 may apply for a court order to dispose of any such goods found in the consignment. You agree to pay Us any charges, expenses, damages, legal costs or penalties reasonably incurred by Us in disposing of the goods.

5. Ownership of the goods

  • 5.1 By entering into this Agreement, you guarantee that:
    • 5.1.1 The goods to be removed and/or stored are Your own property, or the goods are Your property free of any legal charge; or
    • 5.1.2 You have the full authority of the owner or anyone having a legal interest in them to enter into this Agreement and You have made the owner fully aware of these terms and conditions prior to entering into this Agreement and that they have agreed to them.
    • 5.1.3 If at any time following the implementation of this agreement to its termination another person has or obtains an interest in the goods You will advise Us of their name and address in writing immediately.
    • 5.1.4 You will provide a full indemnity and pay Us in respect of any claim for damages and/or costs brought against Us if either statement made in 5.1.1 or 5.1.2 is untrue.
    • 5.1.5 If You wish to transfer responsibility of this Agreement to a third party You will advise Us in writing giving Us their full name and address. We will issue a new agreement to them. Our Agreement with You will remain in force until We have received a signed agreement from the third party.

6. Charges if You postpone or cancel the removal

  • 6.1 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 at 6.1.1 – 6.1.4. “Working days” refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays.
    • 6.1.1 More than 10 working days before the removal was due to start: No charge.
    • 6.1.2 Between 5 and 10 working days inclusive before the removal was due to start: not more than 30% of the removal charge.
    • 6.1.3 Less than 5 working days before the removal was due to start: not more than 60% of the removal charge.
    • 6.1.4 Within 24 hours of the move taking place; not more than 75% of the removal charge.
    • 6.1.5 On the day the work starts or at any time after the work commences up to 100% of Our charges.
    • 6.2 Cancellation/Postponement Waiver
      If offered, and paid for in advance of the commencement of the services, we agree to waive the charges in Clauses 6.1.1, 6.1.2 & 6.1.3. Our agreement to waive the charges is conditional upon Us receiving written notice of Your intention to Cancel/Postpone no later than 17:00 hours on the preceding Working Day before Services commence. The Cancellation/Postponement charge will entitle You to only one Cancellation/Postponement.

7. Payment

  • 7.1 Unless otherwise agreed by Us in writing, payment is required in full by cleared funds at the time of booking the removal or storage period. In default of such payment We reserve the right to refuse to commence removal or storage until such payment is received. Such advance payments are protected under the BAR Pre-Payment Protection scheme as detailed in the BAR Code of Practice.
  • 7.2 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. Our liability for loss or damage

  • 8.1 We do not know the value of Your goods therefore We limit Our liability to a fixed limit per item. The amount of liability We accept under this agreement is reflected in Our charges for the work. If You wish Us to increase Our limit of liability per item You agree to pay a higher price for the work as stated in Condition 1.2.11 (Our Quotation).
  • 8.2 Unless otherwise agreed in writing if we are negligent or in breach of contract We will pay You up to £40 for each item which is lost or damaged as a direct result of any negligence or breach of contract on Our part.
  • 8.3 For goods destined to, or received from a place outside the United Kingdom:
    • 8.3.1 We will only accept liability for loss or damage
    • (a) arising from Our negligence or breach of contract whilst the goods are in Our physical possession,
    • (b) or 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.
    • 8.3.2 Where We engage an international transport operator, shipping company or airline to convey Your goods to the place, port or airport of destination, We do so on Your behalf and subject to the terms and conditions set out by that carrier.
    • 8.3.3 If the carrying vessel/conveyance, should for reasons beyond the carrier’s control, fail to deliver the goods, or route them to a place other than the original destination, You may have limited recourse against the carrier depending upon the carriers particular terms and conditions of carriage, and You may be liable for General Average contribution (e.g. the costs incurred to preserve the vessel/conveyance and cargo) and salvage charges, or the additional cost of onward transmission to the place, port or airport of destination. These are insurable risks and it is Your responsibility to arrange adequate marine/transit insurance cover.
  • 8.4 We do not accept liability for goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless such confiscation, seizure, removal or damage arose directly as a result of Our negligence or breach of contract.
    • 8.4.1 For the purposes of this Agreement an item is defined as: The entire contents of a box, parcel, package, carton, or similar container;
    • and
    • 8.4.2 Any other object or thing that is moved, handled or stored by us.

9. Damage to premises or property other than goods

  • 9.1 Because 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:
    • 9.1.1 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.
    • 9.1.2 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.
    • 9.1.3 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 after the damage occurs or is discovered or in any event within a reasonable time. This is fundamental to the Agreement.

10. Exclusions of liability

  • 10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to insure Your Goods. If You ask Us in writing to arrange insurance cover for You We will, provided You declare the full replacement value of Your Goods and pay the premium in advance.
  • 10.2 We shall not be liable for delays or failures to provide the services under this Agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control.
  • 10.3 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 as a result of:
    • 10.3.1 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.
    • 10.3.2 Moth or vermin or similar infestation.
    • 10.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.
    • 10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water.
      OR
    • 10.3.5 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.
    • 10.3.6 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
    • 10.3.7 For any goods which have a pre-existing defect or are inherently defective.
    • 10.3.8 For perishable items and/or those requiring a controlled environment.
    • 10.3.9 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
    • 10.3.10 For items referred to in Clause 4.
  • 10.4 No employee of Ours shall be separately liable to you for any loss, damage, misdelivery, errors or omissions under the terms of this Agreement.
  • 10.5 Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised representative (see Clause 11.1 below).
  • 10.6 We will not be liable for any loss or damage caused by Us or Our employees or agents in circumstances where: there is no breach of this Agreement by Us or by any of Our employees or agents such loss or damage is not a reasonably foreseeable result of any such breach.

11. Time Limit for Claims

  • 11.1 If You or Your authorised representative collect the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.
  • 11.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit 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. Delays in transit

  • 12.1 Other than by reason of Our negligence or breach of contract, We will not be liable for delays in transit.
  • 12.2 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.
  • 12.3 Any transit times quoted by Us are estimated and based upon information known to Us at the time. Transit times may vary due to a number of factors outside Our control including but not limited to changes in sailing or departure dates made by the freight/shipping company, changes in the routes used by the freight/shipping company and port congestion. We will advise You of any material changes to the transit times as soon as We become aware. We will not be liable for any loss or damage incurred by You as a result of delays in transit time unless directly attributable to Our negligence or breach of contract.

13. Our Right to Hold the Goods (lien)

“Lien” is the legal right of the remover to hold goods until the customer has paid all outstanding charges.

We shall have a right to withhold and ultimately dispose of some or all of the goods if You fail to pay the charges and any other payments due under this or any other Agreement. (See also Clause 22). 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 (including legal costs) reasonably incurred by Us in recovering Our charges and applying Our right of lien. These terms and conditions shall continue to apply.

14. Disputes

If there is a dispute arising from this Agreement, which cannot be resolved, either party may refer it to the low cost independent Alternative Dispute Resolution (ADR) scheme provided by the British Association of Removers (BAR). Under this scheme, the case will be determined by an accredited independent ADR organisation.

Recourse to the independent ADR scheme is subject to certain limits, current details of which are available upon request from BAR, Tel: 01923699486, Fax: 01923699481, Email: consumer.affairs@bar.co.uk. ADR does not prejudice Your right to commence court proceedings.

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 and the location in respect of storage.
  • 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 utilised for consignments of other customers.

17. Advice and information for 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. Applicable law

Any dispute between us will be governed by the non- exclusive law and jurisdiction of the English or Scottish Courts. If you currently reside or are moving to a place outside the jurisdiction of the Courts of the United Kingdom, alternative laws or jurisdiction of local courts may apply subject to our written agreement prior to the work or services commencing.

19. Your forwarding address

  • 19.1 If You instruct Us to store Your goods, You must provide a correct and up to date address and telephone number and notify Us if it changes. All correspondence and notices will be considered to have been received by You seven days after sending it by first class post to Your last address recorded by Us
  • 19.2 If You do not provide an address or respond to Our correspondence or notices, We may publish such notices in a public newspaper in the area to or from which the goods were removed. Such notice will be considered to have been received by You seven days after the publication date of the newspaper. Note: If We are unable to contact you, We will charge you any costs incurred in establishing Your whereabouts.

20. 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 within a reasonable period agreed between us, notifying Us of any errors or omissions.

21. Revision of storage charges

We review our storage charges periodically. You will be given 30 days’ notice in writing of any increases.

22. 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 three months’ 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.

23. Termination

If payments are up to date, We will not end this contract except by giving You three months’ notice in writing. If You wish to terminate Your storage contract, You must give us at least 10 working days’ notice (working days are defined in Clause 6 above). If We can release the goods earlier, We will do so, provided that your account is paid up to date. Charges for storage are payable to the date when the notice should have taken effect.

© Insurance Terms - Copyright of The British Association of Removers Limited 2014; these contract conditions for use only by firms having permission

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