These terms & conditions may be changed with the agreement of both the customer and GopherVans. Please notify us if you wish to make any changes at the time of booking but before submitting your deposit. By confirming a booking with GopherVans you are agreeing to the following terms and conditions.
Where we use the words ‘You’ or ‘Your’ it means the customer. ‘We’, ‘Us’ or ‘Our’ means GopherVans.
1. The Quote
1.A) Quotations are subject to Value Added Tax but do not include any other customs duties, levies or fees payable to government or any other statutory bodies and all such duties or fees (if any) will be payable by you in addition to the quoted price.
1.B) In the event of a quote being given as an hourly rate, fees are charged starting arrival at the collection address and end when we complete the job.
1.C) We may either increase or decrease the price if any of the following have not been taken into account when preparing our quotation and confirmed by us in writing.
1.C.a) You do not accept the quote, in writing, within 28 days of the quote being issued.
1.C.b) We have to collect or deliver goods to floors higher than those agreed, in writing, at the time of booking.
1.C.c) Additional services, including moving or storing extra goods, are supplied by us (these conditions will also apply to these services).
1.C.d) Inadequate access preventing free movement of the goods without mechanical equipment or structural alteration.
1.C.e) The approach, road or drive prevents our vehicles and/or containers to load and/or unload within 20 metres of the doorway, meaning that we have to do extra work.
1.C.f) Any parking fees, fines (unless unreasonably incurred) or other charges that we have to pay in order to carry out services on your behalf. For example toll’s and congestion charges.
1.C.g) There is delay in accessing the delivery property, beyond our control, meaning we cannot start unloading your goods. After 5.00pm on the scheduled day of your move an additional fee of £35 per hour may be charged unless agreed in writing.
1.C.h) Events outside our reasonable control cause delays.
1.C.i) We agree in writing to increase our limit of liability as set out in clause 8.
1.D) In all the above circumstances, you agree to pay any reasonable charges.
2. Work excluded from the quote
Unless agreed by us in writing and charged appropriately we will not:
a) Dismantle or assemble any equipment that has been assembled by a proper qualified person.
b) Disconnect or reconnect hard wired electrical equipment or fittings
c) Take up or lay fitted floor coverings.
d) Move items from a loft (unless well illuminated with safe access via a staircase).
e) Move plants unless agreed in advance.
f) Move or store any items excluded under clause 4.
3. Your responsibility
It will be your own responsibility to:
3.A.a) Declare to us valuations of all goods being removed and/or stored.
3.A.b) Insure the goods submitted for removal and/or storage against all insurable risks.
3.A.c) To be present or represented throughout the whole removal.
3.A.d) Take all reasonable steps to ensure that nothing is left behind or taken away in error.
3.A.e) Arrange protection for goods left in unattended premises or where other people not bound by these terms and conditions will be present.
3.A.f) Prepare, pack and stabilise all electric equipment prior to its removal.
3.A.g) Empty, defrost and clean refrigerators and freezers.
3.B)Other than by reason of our own negligence, we will not be held liable for costs that may arise from any of the above.
4. Non-submission of certain goods for removal or storage
The following items are excluded from this contract:
4.A.a) Jewellery, watches, trinkets, mobile phones,portable media and computer devices, precious stones or metals, money, deeds, securities, stamps, coins or goods or collections of any similar kind.
4.A.b) Items, which have potential to damage, explode or are dangerous including gas bottles, aerosols, paints, firearms and ammunition.
4.A.c) Prohibited or stolen goods.
4.A.d) Controlled drugs or pornographic material.
4.A.e) Plants or goods which may be likely to encourage vermin, pests or cause infestation.
4.A.f) Goods in our opion deemed hazardous to health, dirty or unhygienic.
4.A.g) Any pets or animals (including reptiles, fish and birds) whether in a cage, tank or animal carrier.
4.A.h) Goods, which require government permission or licence for export or import.
4.B)Any of the above-listed goods will not be removed by us except with our prior written agreement. If these goods are removed we will not accept liability for loss or damage. We have the right to dispose of goods listed under paragraphs 4.A.b),4.A.c),4.A.d),4.A.e) and 4.A.f) without notice.
4.C)If such goods are removed without our knowledge and prior written consent we will not be liable for any loss or damage. Any charges, expenses, damages, penalties or diposal costs will be payed by you.
5. Ownership of the goods
By conirming a booking with GopherVans you agree to the following:
a) All goods to be removed and / or stored are your own property.
b) You have been given the authority to make this contract by the person(s) who own(s) or have an interest in the goods and that they have been made aware of these conditions.
c) You will pay any claims for damages and / or costs against us if these statements are not true.
6. Charges if you postpone or cancel the removal
Charges are made if this agreement is postponed or cancelled. Charges are as follows:
a) Notice given more than 10 days before the removal was due to start: NIL
b) For notice given less than 10 days before the removal was due to start, we reserve the right to make a charge which covers our costs, typically up to 50% of the removal charge.
c) On the day the work starts or has commenced 100% of our charges.
7. Paying for the removal
Unless otherwise agreed by us in writing:
a) Payment is required as cash or cheque upon delivery of the goods (including where delivery is to our storage depot).
b). You may not withhold any part of the agreed price, unless we have breached our agreement with you.
c) In respect of all sums, which are overdue to us, we will charge interest calculated at 4% above the base rate for the time being.
8. Our liability for loss or damage
The limitations of our liability for loss or damage are set out in clause 8 (a) below. It is possible to increase the liability of our own insurance policy to cover your goods, as set out in clause 8(c) below, at an additional charge. Please seek our prior written consent to increase our liability in advance of carrying out the removal and/or storage.
a) If we are liable, we will pay up to a maximum sum of £40.00 sterling for each item, which is lost or damaged, in the event of our losing or damaging your goods.
b) We may repair or replace an item, which is damaged. However, if an item is repaired we will not be held liable for depreciation in value.
c) Always subject to receiving your itemised valued inventory and request in writing to increase our liability, prior to the removal and/ or storage commencing, we may offer to extend our maximum
liability to the value declared by you to us. You may already have insurance cover for your move under your home contents policy so we advise you check with your insurers. If it is your intention to use your home contents policy to cover your goods, please advise us in advance.
For the purposes of clauses 8(a), 8(b) and 8(c), an item is defined as any one article or set of articles.
d) We will not be liable for any loss, damage or failure to produce the goods if caused by any of the following reasons:
ii) War, hostilities, terrorism, Act of God, industrial action or other such events outside our reasonable control.
iii) Normal wear and tear or deterioration, leakage or evaporation or from unstable or perishable goods.
iv) Infestation by moth, vermin or anything similar.
v) Cleaning, repairing or restoring goods, unless undertaken by ourselves.
vi) Goods not packed by us, including those in wardrobes, drawers, or appliances, or in a package, bundle, case or other container.
vii) Electrical / mechanical faults to any appliance or mechanical instrument, unless there is evidence of external impact.
viii) To jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or goods or collections of any similar kind, unless we have confirmed in writing that we accept responsibility as in conditions 8(a) or 8 (c) above and you have given us description and value of those articles.
ix) Any goods already proven defective or goods, which are inherently defective.
x) To pets or animals (including reptiles, fish and birds) whether in cage, tank or animal carrier.
xi) To plants.
xii) To re-fridgerated or frozen food or drink.
xiii) The data, files, software or digital contents of any computer or similar device.
e) We will not be liable for any damages or costs occurred as a result of loss, damage or failure to produce the goods, other than by reason of our negligence or a lack of reasonable care and skill on our part. We will in all instances use a reasonable level of care and skill in accordance with the supply of Goods and Services Act, and Consumer rights under that Act are not restricted by these terms.
f) No employee of GopherVans shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions, unless acting outside the scope of their employment.”
g) A disclaimer has been signed waving our liability.
9. Time limit for making a claim
a) Any loss, damage or failure to produce goods we are delivering must be noted at the time of delivery, wherever reasonable. You agreed to examine the goods within 7 days following delivery or collection and to notify us immediately in writing of any missing or damaged items. You may make a written request for more time for compliance with this clause. Such a request shall not be unreasonably refused provided it is received within 7 days of delivery or collection by us.
b) Notwithstanding clause 8, we will not be liable for any loss of or damage to the goods unless you notify us 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 days of collection or delivery of the goods by us.
c) The time limits referred to in clauses 10 (a) and 10 (b) above shall be essential to the contract.
d) You may make a written request to extend your time for compliance with clause 10 (b). Such a request shall not be unreasonably refused provided it is received within seven days of collection or delivery of the goods by us.
10. Delays in transit
a) We are not liable for delays in transit other than by reason of our own negligence or a lack of reasonable care and skill on our part.
b) If we are unable to deliver the goods through no fault of our own, we will endeavour to contact you and make other arrangements. It may be necessary for us to take the goods into storage. Our contract will be fulfilled once goods are taken into storage and the reasonable costs of storage and further delivery, etc will be the customer’s responsibility.
11. Damage to property other than the goods
a) For property other than those goods submitted for removal and / or storage we will only be liable for damage where it can be proven that we have been negligent or acted without reasonable care and skill.
b) If it is the case that we advise against moving certain goods as it will inevitably cause damage but you give us your express instruction to move said goods and damage is caused, we shall not accept that we were negligent or acted without reasonable care and skill.
c) For property other than those goods submitted for removal and / or storage, where we are responsible for causing damage, you must note this on the worksheet or delivery receipt wherever reasonable to do so. This is essential to the contract.
12. Holding the goods
Until all charges, including charges we have paid out on your behalf, or payments due under this or any other contract have been met, we shall have the right to withhold and/or ultimately dispose of some or all of the goods where reasonable and proportionate to do so. You will further be liable to pay all storage charges and other costs incurred by our withholding your goods until we receive payment. These terms and conditions shall continue to apply. The additional charges referred to in this term shall apply in the event of a dispute regarding breach of contract on our part.
13. Sub-contracting the work
a) We reserve the right to sub-contract some or all of the work.
b) In the event that we sub-contract, these terms and conditions will still apply.
15. Route and method
a) We have the right to choose the route for delivery.
b) Unless it has been specifically agreed in writing on our quotation, other space/volume/capacity on our vehicles and/or the container may be utilised for consignments of other customer’s goods.
14. Advice and information
Advice and information in whatever form it may be given is provided by the company for the customer only.
17. Applicable law
This contract is subject to the Law and Jurisdiction of England.