Terms & Conditions
OUR STANDARD TERMS FOR THE SUPPLY OF SERVICES
1. DEFINITIONS – The definitions in this clause apply to these Terms: Order: your acceptance of our quotation for the Services. Services: the services that we are providing to you as set out in the quotation. Terms: the terms and conditions set out in this document. We/us: Smart Moving Solutions. Writing or written: includes faxes and e-mail.
2. BASIS OF SALE
2.1 We consider these Terms, the Order and our quotation to set out the whole agreement between you and us for the supply of the Services. Please check that the details in these Terms and on our quotation are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please ensure that you read and understand these Terms before you sign and submit the Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.4.
2.2 Our promotional material and advertising is issued or published solely to provide you with an approximate idea of the Services. They do not form part of the contract between you and us.
2.3 The Order is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
2.4 These Terms shall become binding on you and us when we notify you that we are able to provide the Services, we take payment of a deposit, or you return to us a signed copy of these terms, whichever is the earlier, at which point a contract shall come into existence between us.
2.5 Any quotation for the Services is given on the basis that a binding contract shall only come into existence in accordance with clause 2.4. A quotation from us shall be valid for a period of 14 calendar days from its date of issue, unless we notify you in writing that we have withdrawn it during this period.
2.6 You may at any time before any agreed date(s) for provision of the Service amend or cancel an Order by providing us with written notice. If you amend or cancel an Order, your liability to us shall be limited to (i) where a deposit has been paid, or (ii) where a deposit has not been paid, payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation. You agree this is a fair and reasonable provision.
2.7 We have the right to revise and amend these Terms from time to time to reflect changes in matters affecting our business. You will be subject to the terms in force at the time that you order the Services from us, unless any change to those policies or these Terms is required by law or government or regulatory authority in which case it will apply to orders you have previously placed that we have not yet fulfilled. If the services are ongoing, we will give you prior notice of any changes to these Terms and you can choose to cancel the Order without penalty before the new Terms affect you.
3. QUALITY OF SERVICES
3.1 Unless we are prevented from doing so by a Force Majeure Event (see clause 9), we will provide Services which: (a) conform in all material respects with their description; (b) are carried out with reasonable care and skill; (c) are fit for any purpose we say the Services are fit for, or for any purpose for which you use the Services and about which you have informed us, or we could reasonably expect you to use the Services; (d) are free from material defects in design, material and workmanship; and (e) comply with all applicable statutory and regulatory requirements for supplying the Services in the United Kingdom. This warranty is in addition to your legal rights in relation to Services. If you are a consumer, advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
3.2 These Terms apply to any replacement Services we supply to you in the unlikely event that the original Services do not conform with these Terms.
3.3 You must provide us, in sufficient time, with any information and instructions relating to the Services that is or are necessary to enable us to provide the Services in accordance with these Terms. If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Order by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
4. PROVISION OF SERVICES
4.1 We will supply the Services to you from the date set out in the Order. The Services will be supplied until completion or in accordance with timescales set out in the quotation, unless the contract is until otherwise terminated in accordance with these Terms.
4.2 We will make every effort to complete the Services on time but there may be delays due to circumstances beyond our control. In this case we will complete the Services as soon as reasonably possible.
4.3 We may have to suspend the Services if we have to deal with technical problems, or to make improvements to the Service. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.
4.4 You agree to co-operate with us in all matters in relation to the Services. You shall (i) provide such access to your premises as required by us and our employees (b) be responsible (at your cost) for preparing and maintaining the relevant premises for the supply of our Services (c) inform us and our employees of all health and safety rules and regulations and any other reasonable security requirements that apply at your premises; (d) obtain and maintain all licences and consents required to comply with all relevant legislation in relation to the Services; (e) keep, maintain and insure our equipment in accordance with the Supplier’s instructions as notified and you shall not dispose of or use our Equipment other than in accordance with the Supplier’s written instructions or authorisation; (f) ensure all staircases, doorways and roads are in sufficiently suitable condition for us to provide the Services safely (the Services will not be undertaken above first floor level); (g) ensure that electronic gates or garages are open for us to provide the Services (we do not accept any liability for damage to any form of gate or garage that has not been opened for us to provide the Services.
4.5 You agree to provide us with a place to park our vehicles sufficiently proximate to where we are to commence our Services. If in following your instruction on parking we breach any parking legislation, then you agree to indemnify us in full for any losses, including in particular any parking fines we incur as a result of your instructions.
4.6 We do not take down or put up and fixtures of fittings including in particular gas or electric equipment. We do not enter loft or attic spaces.
4.5 If the performance of our obligations is prevented or delayed by any act or omission by you, your agents, subcontractors, consultants or employees, then we shall not be liable for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
4.6 You shall not at any time from the date of this agreement solicit or entice away from the Supplier or employ or attempt to employ any person who is, or has been, engaged as an employee of the Supplier in the provision of the Services.
5. DEFECTIVE SERVICES – In the unlikely event that the Services do not conform with these Terms, you must let us know within 24 hours from the completion of the Services and confirm this in writing or by email within 3 days of completion of Service. If you comply we will: (a) provide you with a full or partial refund (depending on what is reasonable); or (b) re-perform the Services. These Terms will apply to any replacement Services we supply to you.
6. INTELLECTUAL PROPERTY RIGHTS – The copyright, design right and all other intellectual property rights in any materials and other documents or items that we prepare or produce for you in connection with the Services will belong to us absolutely and you may not use such materials, documents or other items detailed for any commercial purpose.
7. PRICE AND PAYMENT
7.1 The price of the Services will be as set out in the quotation or if we have not provided a quotation or the quotation has expired, in our price list in force at the time we confirm your Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing. The applicable VAT payable by you from time to time will also be specified on our quotation. You agree and acknowledge that we will charge an hourly waiting fee if we are delayed from providing the Services for more than one hour, as stated on our quotation.
7.2 We often require a deposit to be paid to secure the dates for the Services which will be set out in our quotation. Where a deposit is payable we will not commence the Services until payment of the deposit has been received. If you cancel the Services at any point you will forfeit your deposit in accordance with clause 2.6.
7.3 We may invoice you for the Services at any time after we have provided the Services to you. You must pay the invoice in cleared monies within 30 calendar days of the date of the invoice by either cheque or bank transfer. If you do not make any payment due to us by the due date for payment (as set out in clause 7.4), we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Royal Bank of Scotland Plc from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with the overdue amount.
7.4 Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend our performance of the Services or any other outstanding Order until you have paid the outstanding amounts. Clause 4 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it.
8. LIMITATION OF LIABILITY
8.1 Subject to clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these Terms.
8.2 Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories: (a) loss of income or revenue; (b) loss of business; (c) loss of anticipated savings; or (d) loss of data. However, this clause 8.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
8.3 This clause does not include or limit in any way our liability for: (a) death or personal injury caused by our negligence; or (b) fraud or fraudulent misrepresentation; or (c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or (d) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or (e) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
8.4 You acknowledge and agree that we are only insured for items packed using our packing service. If you choose to pre-pack your items then you indemnify us and hold us harmless from all losses that may occur, including in particular damage to your items occurring during the Services. We will not be responsible for any damage caused or flooring where you require us to remove gas, electric or water appliances.
8.5 Where we are delivering items to storage facilities as part of our Services, you acknowledge and agree that our liability ends once the items have been delivered to the storage location at the storage facility. Risk in all goods passes to the storage facility at this point and we accept no liability for securing the items.
9. EVENTS OUTSIDE OUR CONTROL
9.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following: (a) strikes, lock-outs or other industrial action; or (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war or threat or preparation for war; or (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) impossibility of the use of telecommunications networks or (f) adverse weather that prevents provision of the Services.
9.2 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
10. TERMINATION – Either of us may terminate the arrangement between us at any time by providing the other party with 30 calendar days’ prior notice in writing. Termination will not affect either party’s outstanding rights or duties, including our right to recover from you any money you owe us under these Terms
10.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
10.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
10.3 We will only use the personal information you provide to us to provide the Services, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information. We will not pass your data to third parties.
10.4 All notices sent by you to us must be sent to Smart Moving Solutions at the address on our quotation. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.
10.5 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999. Where you instruct us to enter the premises of a third party, you acknowledge and agree that it is your responsibility to ensure that we are legally able to do so and you indemnify us and hold us harmless from any and all liability caused to the third party during our Services.
10.6 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
10.7 These Terms shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts.
[I/We] acknowledge and agree to your standard terms of business
Signed: ……………………………….……… Print Name: ……..……………………………………..
for and on behalf of ……………………………………………….. Limited (where a company)