Terms & Conditions of Goldline Transport Services limited
These conditions explain the rights, obligations, and responsibilities of all parties to this A8reement. Where we use the word ‘you’ or ‘your’, it means the customer: ‘we’, ‘us’, or ‘our’ means Gold line Transport Services limited. These terms and conditions can be varied or amended subject to a prior written agreement. Your attention Is drawn to Clauses 4,9,10 and 12 which set out our liability to you for loss or damage to goods and property.
1 Our Quotation
1.1 Our quotation, unless otherwise stated, does not include customs duties or any other fees or taxes payable to government bodies. It does include us accepting liability for your goods, subject to clauses 2.2, 3.2, 5.2, 5.3 and the provisions of Clauses 4, 9, 10, 11, and 12.
1.2 We may change the price or make additional charges if circumstances are found to apply which have not been taken into account when preparing our quotation and confirmed by us in writing. These include:
1.2.1 You do not accept our quotation in writing within 28 days, or the work is not carried out or completed within three months.
1.2.2 Our costs change because of currency fluctuations or changes in taxation or freight charges beyond our control.
1.2.3 The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal hours at your request.
1.2.4 We have to collect or deliver goods at your request above the ground and upper first floor.
1.2.S If you collect some or all your goods from our store, we are entitled to make a charge for our handing them over.
1.2.6 We supply any additional services, including moving or storing extra items.
1.2.7 The stairs, lifts, and 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/offload within 20 meters of the doorway.
1.2.8 We have to pay parking or other fees or charges in order to carry out services on your behalf.
1.2.9 There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work
1.2.10 We agree in writing to increase our liability set out in clause 9.1.1
1.3 In any such circumstances, adjusted charges will apply and become payable.
2 Work not included in the quotation
2.1 Unless agreed in writing, we will not:
2.1.1 Dismantle or assemble unit or system furniture (flat-pack), fittings, or fixtures.
2.1.2 Disconnect, re-o>nnect, 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 with safe access provided.
2.1.S Move or store any items excluded under clause 5.
2.2 Our staff are not authorized or qualified to carry out such work. We recommend that a properly qualified person is separately
employed by you to carry out these services.
3 Your responsibility
3.1 It is your sole responsibility to:
3.1.1 Declare in writing to us, the value of goods being moved and/or stored. If it is subsequently established that the value of the goods removed or stored is greater than the actual value you declare, you agree that our liability under clause 9.1 will be reduced to reflect the proportion that your declared value bears to their actual value.
3.1.2 Obtain at your own expense, all documents, permits, permissions, licenses, customs documents necessary for the move to be
3.1.3 Be present or represented during the collection and delivery of your goods.
3.1.4 Ensure authorized signature on agreed inventories, receipts, waybills, job sheets, or other relevant documents by way of confirmation of collection or delivery of goods.
3.1.5 Take all reasonable steps to ensure that nothing that should be moved is left behind or taken In error.
3.1.6 Arrange proper protection for goods left in unoccupied or unattended premises, or where other people such as (but not limited to) tenants or workmen are or will be present.
3.1.7 Prepare adequately and stabilize any appliances or electronic equipment prior to moving.
3.1.8 Empty, properly defrost, and clean refrigerators, deep freezers, and cookers. We are not responsible for any contents left within.
3.1.9 Provide us with a contact address for correspondence during transit and/or storage of goods.
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 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 they were packed or otherwise made ready for transportation and/or storage.
4.2 In the event 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 for your collection, undamaged. Again, by “undamaged• we mean in the same condition as they were immediately prior to being packed/made ready for transportation/storage.
4.3 If we fail to discharge the responsibilities identified in clauses 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 the 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 the 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 clause 9 and 11.
S Goods not to be submitted for transit or storage
5.1 Unless previously agreed in writing by a director or authorized company representative, the following items must not be submitted for transit or storage and will under no circumstances be moved or stored by us. The Item listed under 5.1.1 below may present risks to health and safety and of fire. Items listed 5.1.2 to 5.1.6 below carry other risks and you should make your own arrangements for their
transportation and storage.
5.1.1 Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging, or explosive items, including gas bottles, aerosols, paints, firearms, and ammunition.
5.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps coins, or goods or collections of any similar kind.
5.1.3 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
5.1.4 Perishable items and/or those requiring a controlled environment.
5.1.5 Any animals, birds, or fish.
5.1.6 Goods that require special license or government permission for export or import.
5.2 If we do agree to move such goods, we will not accept liability for loss or damage unless we are negligent or in breach of contract, in which case all these conditions will apply.
5.3 If you submit such goods without our knowledge we will make them available for your collection and if you do not collect within a
reasonable time, we will apply for an appropriate court order to dispose of any such goods found in the consignment without notice. You will furthermore pay to us any charges, expenses, damages, legal costs, or penalties incurred by us.
6 Ownership of goods
6.1 By entering into this Agreement, you guarantee that:
6.1.1 The goods to be moved and/or stored are your own property, or
6.1.2 The person (s) who own or have an interest in them have given you the authority to make this contract and have been made aware of the conditions.
6.1.3 You will pay us for any claim for damages and/or costs brought against us if either warranty 6.1.1 or 6.1.2 is not true
7 Charges if you postpone or cancel
7.1 If you postpone or cancel this agreement, we will charge you according to how much notice is given. “Working days• refer to a normal working week of Monday to Friday and excludes weekends and public holidays.
7.1.1 More than 10 working days before the job was due to start. No charge.
7.1.2 Between 5 and 10 working days inclusive before the job was due to start: not more than 30% of the charge.
7.1.3 Less than 5 working days before the job was due to start: not more than 60% of the charge.
8.1 Unless otherwise agreed by us in writing:
8.1.1 Payment is required by cleared funds in advance of the removal or storage period.
8.1.2 You may not withhold any part of the agreed price.
8.1.3 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
the prevailing base rate for the time being of the Bank of England
8.1.4 For hourly rate moves, unless previously agreed in writing, payment is required immediately on the completion of the job.
8.1.5 We accept payment by Bank Transfer, Cash, or PayPal
9 Determination of the 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 £10,000. We may agree to accept liability for a higher amount, in which case we will 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 goods Immediately prior to their loss or damage and subject to the maximum liability of £10,000 referred to In clause 9.1.1 (unless we have agreed a higher amount with you in writing).
9.1.3 Where the loss 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 9.1.3, 9.2.2, and 11.
9.2.2 In the event of loss or damage to your goods caused by negligence or breach of contract on our part, our liability 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 United Kingdom
9.3.1 We will only accept standard liability if you provide us with a detailed valuation of your goods on the valuation form that we will provide. All other provisions of clause 9.1 will apply.
9.3.2 We do not accept liability for loss 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 or damage to goods occurring in certain overseas countries, including Gambia, Iraq, Iran, 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
(bl Whilst the goods are in the possession of others if the loss or damage is established to be 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.
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 delivery and collection, 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 we shall not be liable.
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.
11 Exclusions of Liability
11.1 Other than as a result of our negligence or breach of contract we will not be liable for any loss, damage, or failure to produce the
goods if caused by any of the following circumstances:-
11.1.1 By fire howsoever caused.
11.1.2 By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism and/or military coup, Act of God, third party industrial action, or other such events outside our reasonable control.
11.1.3 By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This
includes goods left within furniture or appliances.
11.1.4 By moth or vermin or similar infestation.
11.1.5 By cleaning, repairing, or restoring unless we arranged for the work to be carried out.
11.1.6 By change to atmospheric or climate conditions.
11.1. 7 For any goods in furniture or appliances, or in a bundle, carton, case, or another container not both packed and unpacked by us.
11.1.8 For electrical or mechanical derangement to any appliance, instrument, clock, computer, or other equipment unless there is
evidence of related external damage.
11.1.9 For any goods which have a pre-existing defect or are inherently defective.
11.1.10 For animals and their cages or tanks including pets, birds, and fish.
11.1.11 For plants.
11.1.12 For perishable items and/or those requiring a controlled environment
11.1.13 For items referred to in clause 5
11.1.14 For damages or costs resulting indirectly from, or as a consequence of, loss or damage, or failure to produce the goods including but not limited to loss of use or amenity.
11.2 No employee of ours shall be separately liable to you for any loss, damage, missed delivery, errors, or omissions under the terms of this agreement.
11.3 Our liability will cease upon handing over goods from our warehouse (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 over to you or your agent.
12.3 Notwithstanding clauses 9, 10, and 11 we will not be liable for any loss 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 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 by us.
12.4 The time limit for notifying us of your claim may be extended upon receipt of your written request provided that such request is
received within seven (7) days of delivery, Consent to such a request will not be unreasonably withheld.
13 Delays in transit
13.1 Job arrival times are estimated. Although we always do our best to be on time, circumstances out of our control may cause delays. We will not accept responsibility for any customer losses due to unforeseen or unavoidable delays.
13.2 If through no fault of our own we are unable to deliver your goods, we will take them into the store. The agreement will then be fulfilled and any additional service(s) including storage and delivery will be at your own expense.
13.3 We reserve the right to refuse, cease, or stop the packing or moving process at any time if our staff is abused or threatened in any way.
14 Our right to hold the goods (lien)
We shall have a right to withhold and/or ultimately dispose of some or all of the goods until you have paid all our charges and any other payments due under this or any other agreement. (See also clause 23). These include any charges that may have been paid out on your behalf. While we hold the goods you will be liable to pay all storage charges and other costs incurred by our withholding your goods and these terms and conditions shall continue to apply.
If there is a dispute arising from this agreement which cannot be resolved, subject to the agreement of both parties, either you or we may refer the dispute to an arbitrator appointed by the Chartered Institute of Arbitrators. The cost of any such arbitration will be at the discretion of the arbitrator. This does not prejudice your right to commence court proceedings.
16 Our right to sub-contract work
16.1 We reserve the right to sub-contract some or all of the work
16.2 If we sub-contract, then these conditions will still apply
17 Route and method
17.1 We have the right to choose the method and route by which to carry out the route.
17.2Unless it has been specifically agreed otherwise in writing in our Quotation, other space/volume/capacity on our vehicles and/or the container may be utilized for consignments of other customers.
18 International removals
We will use our reasonable endeavors 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 on existing known circumstances. It Is your responsibility to seek appropriate advice to verify the
accuracy of any information provided.
19 Applicable Law
This contract is subject to the Law of the country in which the office of the company issuing this contract is situated.
20 Your forwarding address
20.1 if you send goods to be stored, you must provide an address for correspondence and notify us of any changes. All correspondence and notices will be considered to have been received by you seven (7) days after sending it to your last address recorded by us. 20.2 if you do not provide us with a correct address or respond to our correspondence or notices, we may publish such notices in a public newspaper in the area to or from the goods that were removed. Such notice will be considered to have been received by you seven (7) 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.
21 List of goods (inventory) or receipt
Where we produce a list of your goods (inventory) or a receipt and send it to you, it will be accepted as accurate unless you write to us within 10 days of the date of our sending, or a reasonable period agreed between us, notifying us of any errors or omissions.
22 Revision of charges
We review our day rate charges and storage charges periodically. You will be given 3 months’ notice of any increases.
23 Our right to sell or dispose of your 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 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.
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 or day rate contract, you must give at least 10 working days’ notice. 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.