Company Registration Number: 10412666 VAT Registration Number: GB 274493376 Registered Office: Office 56, Millmead Business Centre, Millmead Road, South Tottenham, London N17 9QU Website: octagonremovals.co.uk
These Terms and Conditions govern the provision of removals, storage, cleaning, piano moving, commercial relocation, international removals and related services by Octagon Removals Ltd. They form the contractual basis between Octagon Removals Ltd ("The Contractor") and the Client. The Client is required to read, understand and accept these Terms and Conditions in full prior to the confirmation of any booking. By confirming a booking with The Contractor, the Client consents to be bound by these Terms and Conditions.
SECTION I: INTRODUCTION AND INTERPRETATION
(Definitions & Interpretation)
1. RECITAL:
1.1 The following Terms and Conditions set out in this document form the contractual basis between OCTAGON REMOVALS Ltd, a limited company, private by shares, registered in England and Wales under Company Number 10412666, VAT registered under Number GB 274493376, with registered office address at Office 56, Millmead Business Centre, Millmead Road, London N17 9QU, hereinafter referred to as "The Contractor", "The Service Provider" or "OR Ltd", and yourself, considered "The Client", which shall mean any company, firm, organisation, sole trader or private individual entering into an agreement with The Contractor. Together they are referred to as "The Parties". This document defines and sets out the rights, obligations and responsibilities of both Parties.
1.2 As we aim at all times to achieve the highest level of operational and legal transparency, the information presented in this document should reflect this. It is therefore important that you read and fully understand its content, as once agreed to it becomes legally binding for the Parties. If there is anything that you do not comprehend or do not wish to agree to, please contact OR Ltd's office to discuss it prior to signing and returning the documents. The Client should only enter into this contract if consent is given to be bound by the Terms and Conditions set out below.
1.3 These Terms and Conditions (hereinafter referred to as "T&Cs") are published at octagonremovals.co.uk/legal-hub/terms-conditions and are made available to the Client prior to the confirmation of any booking. By confirming a booking with The Contractor, whether by email, telephone, WhatsApp message, other messaging platform, through The Contractor's automated booking system, or by signing a confirmation document, the Client consents that they have read, understood and agreed to the content of these T&Cs in full.
1.4 The Contractor reserves the right to amend these T&Cs at any time. Updated T&Cs will be published on The Contractor's website at octagonremovals.co.uk/legal-hub/terms-conditions. The T&Cs applicable to any booking are those in force at the date and time of the Booking Confirmation issued by The Contractor, not the date of the Quotation. Any Quotation issued prior to an amendment taking effect does not carry forward the previous T&Cs unless the booking is confirmed in writing before the amendment comes into force.
2. FURTHER DEFINITIONS / GLOSSARY:
2.1 "Goods" shall mean all items, furniture, equipment and personal belongings listed by the Client and accepted by The Contractor for the purpose of removal, transport or storage.
2.2 "Item" shall mean and is defined as the entire contents of a box, parcel, package, carton or similar container, and any other object or thing that is moved, handled or stored by The Contractor or the Client whenever agreed. Excluded from this definition are perishable items and any items requiring a controlled environment, electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage, and any loss or damage involving the restoration or reconstruction of information or data or any item of so-called consequential loss.
2.3 "Quotation" shall mean a formal document setting out the estimated or factual financial and operational summary of services offered by The Contractor to the Client.
2.4 "Work in progress", "Service", "Removal" shall mean the whole of the contracted work to be undertaken by The Contractor for the Client in connection with the transportation of Goods and/or storage where applicable. "Services" includes but is not limited to: removal, packing, unpacking, storage, porterage, furniture dismantling and reassembly, cleaning, disposal, piano moving, international removals, office relocation and any other associated services provided by The Contractor.
2.5 "Subcontractor" means any person other than The Contractor's full-time employees (operatives on site or off site) who under any agreement or arrangement with The Contractor (whether directly or indirectly) performs or agrees to perform the whole or any part of the contracted services for the Client on The Contractor's behalf.
2.6 "Service Agreement" i.e. "Contract" means the contract between the Client and The Contractor for the provision of the services in accordance with these T&Cs, including the signed acceptance to engage and the Quotation with any relevant schedules or supporting documents.
2.7 "Working time" refers to Monday to Saturday, 8:00am to 6:00pm, where "Variation" shall mean any variation to the fixed working time schedule above, by mutual consent of the Parties as part of an agreed contractual engagement. Work carried out on a Sunday is subject to a 50% surcharge on the total agreed service price, applicable only where requested by the Client and confirmed by The Contractor in writing. Work requested outside standard working hours on any other day may attract an additional charge to be agreed in writing before work commences.
2.8 "Lien" is The Contractor's legal right to hold the Client's Goods until all outstanding charges are paid in full. For the avoidance of doubt, the right of lien applies only to Goods held in storage. It does not apply to Goods in transit during a removal service, in respect of which The Contractor's remedy for non-payment is to suspend the service and, where applicable, place Goods into storage in accordance with Section IV.
2.9 "Force Majeure" refers to any circumstances not within The Contractor's reasonable control including strikes or disturbances, acts of nature, fire, floods, lightning, severe weather, shortages of materials, rationing, service failures, failure of or delay of any person from which the Party must obtain information in order to perform its obligations under the Agreement, failure or delay in any system of electronically transmitting or receiving information or funds, earthquakes, war, revolution, terrorist act, civil commotion, acts of public enemies, blockade, embargo, heavily disturbed traffic, or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government.
3. "Inventory list" should be considered the detailed list of the Goods to be handled or moved, agreed with the Client in writing.
3.1 "Delivery note" means a document provided to the Client by The Contractor's team upon successful delivery of the Client's Goods to the agreed location. It is a formal signature request to the Client which confirms the inspection of Goods and constitutes proof of delivery.
3.2 "Appendix" shall be considered a supplementary arrangement to the existing Agreement, mutually agreed by the Parties in the form of a note explaining changes and additional provisions necessary to execute required services and to secure the intention and conditions of such execution in writing.
3.3 "Survey" means the assessment of the scope of the Service, conducted either virtually, in person, or on the basis of photographs or video received from the Client, prior to the issue of a Quotation.
3.4 "Move date" means the date on which The Contractor's service is scheduled to take place as agreed in the Booking Confirmation email or other written confirmation.
3.5 "Booking Confirmation" means the written confirmation issued by The Contractor to the Client, by email, WhatsApp message, other messaging platform, or through The Contractor's automated booking system, confirming the Move Date, scope, price and conditions of the Service. Written confirmation must be sent by an authorised representative of The Contractor. No verbal confirmation, telephone conversation or informal discussion constitutes a Booking Confirmation.
3.6 "Prepayment" means any payment made by the Client to The Contractor prior to the Move Date, including deposits and advance payments intended to secure the Move Date, The Contractor's availability and the associated resources.
3.7 "Working days" means Monday to Saturday, excluding public holidays in England and Wales.
3.8 "High-Value Item" means any individual item with an estimated value exceeding £500.00, whether in the context of storage or removal services. High-Value Items are subject to declaration requirements set out in the relevant sections of these T&Cs.
3.9 "Storage Facility" means any warehouse or storage unit operated by or on behalf of The Contractor for the purpose of storing Client Goods.
SECTION II: COMMENCEMENT DATE AND TERM
1. GENERAL TERMS:
1.1 The contract will be formed when the Client signs it where indicated and returns it to The Contractor. This will form a legally binding contract between the Parties. That contract will be subject to these T&Cs. The Client should only sign and return the contract if satisfied with the Quotation and these T&Cs and wishes to enter into a legally binding contract based on them in order to obtain the high level of service we aim to deliver.
2. COMMENCEMENT OF SERVICE AGREEMENT:
2.1 The commencement term of the Service Agreement will begin on the date of its acceptance by the Client in the form of a wet ink hand signature, commercial stamp, or electronic signature, and finally by returning it to The Contractor via postal services or electronically for evidence and further processing.
3. AUTOMATIC TERMINATION:
3.1 The Service Agreement shall terminate automatically, without requirement for formal notice or action by either Party, upon the occurrence of any of the following circumstances:
3.2 Upon full performance of all agreed services by The Contractor and full reconciliation of all outstanding charges, whereby both conditions must be satisfied concurrently to constitute automatic termination. Receipt of final payment by The Contractor in respect of services rendered, when occurring together with and following the completion of such services, shall constitute the sole trigger for automatic termination of the Agreement under this clause. For the avoidance of doubt, receipt of payment alone without completion of the agreed services shall not constitute grounds for termination under this clause.
3.3 The Client's confirmation that the service has been performed to their satisfaction shall, together with receipt of full payment, trigger automatic termination of the Agreement. Such confirmation may be given in the following circumstances:
3.3.1 Where the Client or the Client's authorised representative is present upon completion of the service, confirmation shall be given by signature of the Delivery Note on site. Signature of the Delivery Note together with receipt of full payment shall constitute immediate automatic termination of the Agreement. For the detailed procedure governing inspection and sign-off, please refer to Section VII, paragraph 3 (Inventory List / Delivery Note / Relevant Formalities).
3.3.2 Where the Client or the Client's authorised representative is not present upon completion of the service and full payment has been received, The Contractor will provide the Client with the Delivery Note in electronic form. The Client shall sign and return the electronic Delivery Note within 72 hours of delivery. Failure to respond within 72 hours shall be deemed as confirmation that the service was completed satisfactorily and that the Client is satisfied with the condition of the Goods. The Agreement shall thereupon terminate automatically. Following deemed acceptance under this clause, the Client's sole recourse shall be through the complaints procedure set out in the relevant section of these T&Cs.
3.3.3 Where the Client or the Client's authorised representative is not present either at the point of collection or at the point of delivery, OR Ltd's crew shall produce comprehensive photographic documentation of the Goods at the time of collection and again upon completion of delivery or placement into storage. This documentation shall be transmitted to the Client electronically upon completion of the service and shall serve as the evidential basis for the Client's assessment of the condition of the Goods and the standard of service performed. The Client shall confirm receipt and satisfaction in writing within 72 hours of transmission of the photographic documentation. Failure to respond within 72 hours shall be deemed as confirmation that the Goods were received in satisfactory condition and that the service was completed to the Client's satisfaction. The Agreement shall thereupon terminate automatically. Following deemed acceptance under this clause, the Client's sole recourse shall be through the complaints procedure set out in the relevant section of these T&Cs.
3.4 Where the Client wishes to be represented by an agent at the point of collection or delivery, the agent must present to The Contractor's crew, prior to commencement of any handover, a written Power of Attorney or letter of authority signed by the Client, confirming that the agent is authorised to act on the Client's behalf. The scope of such representation is limited to the following: acceptance and physical receipt of the Goods, signature of the Delivery Note on the Client's behalf, and notation of any visible damage or discrepancy observed at the time of handover. The agent shall have no authority to modify the scope of the agreed service, approve additional charges, vary any term of the Service Agreement, or submit formal complaints on the Client's behalf. Any action taken by the agent within the scope set out above shall be binding upon the Client as if taken by the Client directly. The Contractor reserves the right to refuse handover to any person who fails to present valid written authority prior to collection or delivery.
3.5 Upon mutual written agreement of the Parties to bring the Agreement to an end.
3.6 Upon earlier termination in accordance with these T&Cs, including but not limited to termination arising from non-payment, cancellation by the Client, or Force Majeure circumstances that render performance impossible.
4. BOOKING CONFIRMATION AND NO VERBAL RESERVATION:
4.1 No date, time slot or vehicle shall be considered reserved or held for the Client unless confirmed in writing by The Contractor. Written confirmation includes confirmation by email, WhatsApp message or other messaging platform, provided the confirmation is sent by an authorised representative of The Contractor. Verbal enquiries, telephone conversations or informal discussions regarding availability do not constitute a booking or reservation of any kind. The Contractor accepts no liability for the unavailability of any date or time slot that was not confirmed in writing.
4.2 Where a booking is made or discussed by telephone, including through The Contractor's automated telephone system, no booking shall be considered confirmed or binding until The Contractor issues a written Booking Confirmation by email, WhatsApp or other messaging platform. Verbal confirmation given during a telephone call does not constitute a binding booking. Telephone calls may be recorded for operational and training purposes and such recordings may be used as evidence of the scope of services discussed, but do not supersede the requirement for written confirmation.
4.3 The Contractor will issue a written Booking Confirmation within 24 hours of the booking being made. The Client is responsible for reviewing the Booking Confirmation and notifying The Contractor of any errors or omissions within 24 hours of receipt. Failure to notify The Contractor of any errors or omissions within that period will be deemed as acceptance of the Booking Confirmation as issued.
4.4 By confirming a booking, the Client confirms that all information provided to The Contractor at the time of Survey or enquiry is accurate and complete, including the volume, value and nature of Goods to be moved, access conditions at both collection and delivery addresses, and any special requirements or items requiring particular attention.
5. CANCELLATION AND POSTPONEMENT:
5.1 If a date for the services is agreed upon in the Quotation and accepted by the Parties, and the Client requires that date to be altered, postponed or cancelled, or the Goods are not available on that date, The Contractor may be entitled to charge a cancellation or postponement fee as set out below.
5.2 Where the Client cancels a confirmed booking, the following charges apply based on the notice period given prior to the Move Date:
5.2.1 Cancellation more than 7 working days before the Move Date: The Contractor retains 50% of the Prepayment. The remaining 50% of the Prepayment will be returned to the Client.
5.2.2 Cancellation less than 7 working days before the Move Date: the Prepayment is retained by The Contractor in full.
5.2.3 Cancellation on the Move Date after The Contractor's crew has departed for the collection address: the Prepayment is retained by The Contractor in full, and the Client is liable for 100% of the total quoted price.
5.2.4 No-show by the Client upon crew arrival: the Prepayment is retained by The Contractor in full, and the Client is liable for 100% of the total quoted price.
5.3 Right of withdrawal. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, the Client may have the right to withdraw from a contract concluded at a distance or off-premises within 14 days of the Booking Confirmation without giving any reason, provided that the service has not yet commenced. By confirming a booking and requesting The Contractor to commence the service, the Client expressly waives their right of withdrawal. This waiver applies regardless of whether the Move Date falls within the 14-day withdrawal period. Once the service has commenced, the right of withdrawal is fully and irrevocably extinguished. Withdrawal or cancellation after commencement of the service does not exempt the Client from full payment for all services performed, resources deployed, time spent and costs incurred by The Contractor up to the point of cancellation, including but not limited to labour, vehicle time, fuel, packing materials and any third-party costs. For the avoidance of doubt, "commencement of service" means the moment The Contractor's crew arrives at the collection address or any other agreed location to begin work, whichever occurs first.
6. RESCHEDULING:
6.1 The Client may reschedule a confirmed booking on one occasion only, free of charge, subject to the following conditions.
6.2 The rescheduling request must be made in writing and confirmed by The Contractor in writing before it takes effect.
6.3 The new Move Date must fall within 2 calendar months of the original Move Date. If the new Move Date requested falls more than 2 calendar months from the original Move Date, the Prepayment is retained by The Contractor in full and a new Prepayment will be required to secure the new date.
6.4 If the Client cancels the rescheduled booking for any reason, the Prepayment is retained by The Contractor in full. The Client shall have the option to reschedule again upon payment of a new Prepayment, subject to availability and written confirmation by The Contractor.
SECTION III: QUOTATION
1. GENERAL TERMS:
2. Provided Quotations include Value Added Tax, operational expenses such as fuel and cost of labour, and packing materials where applicable, requested and confirmed in writing.
3. Contractor's Quotation shall be valid for the length of four calendar weeks i.e. 90 calendar days from the issue date, pending full approval and acceptance by the Client in the form of entering the Service Agreement. All Quotations issued by The Contractor are valid for a period of 7 calendar days from the date of issue, unless withdrawn earlier by The Contractor. A Quotation does not guarantee the availability of any specific date or crew until confirmed in writing by The Contractor as a Booking Confirmation. Acceptance of a Quotation beyond the 7-day validity period will require a new Quotation to be issued, which may reflect updated pricing, availability or operational conditions.
4. All Quotations are based on normal working hours of The Contractor, unless otherwise specified and agreed upon in writing by the Parties.
5. The presented Quotation shall be a detailed representation of a comprehensive summary of all inclusions, but excluding potential additional charges not taken into consideration in the initially presented Quotation, such as: cancellation and postponement charges, storage charges, fees to government bodies, institutions or agencies, and charges associated with any breach of the Client's or Contractor's contractual terms and responsibilities contained within the Service Agreement.
5.1 A Quotation shall become immediately void and of no effect, regardless of whether it has been accepted by the Client, in any of the following circumstances:
5.1.1 the Client notifies The Contractor of additional items, additional floors, changes to access conditions, or any other material change to the scope of the service after the Quotation has been issued;
5.1.2 the actual conditions or volume encountered on the Move Date differ materially from those on which the Quotation was based;
5.1.3 the Client requests a change of Move Date that results in the service falling on a different day type, for example from a weekday to a Sunday, which would attract a different rate.
Where a Quotation becomes void under this clause, The Contractor will issue a revised Quotation as soon as practicable. The Client must accept the revised Quotation in writing before the service proceeds. The original Quotation cannot be relied upon by the Client in such circumstances.
5.2 The absolute minimum charge for any service provided by The Contractor is £175.00 + VAT. This is the price floor for any single service, including but not limited to single-item moves, short-distance moves and partial load collections. Fixed price bookings for typical residential property sizes are priced from published tiers reflecting the volume, crew and vehicle requirements. The £175.00 + VAT minimum applies only where the agreed service falls below the entry-level published tier. Where the value of the agreed service is less than the minimum charge, the minimum charge shall apply.
6. The Contractor may provide an appendix to the existing Quotation whenever the following circumstances occur, as a subject of additional charges:
6.1 The Contractor's crew have to collect or deliver Goods at the Client's request above the ground floor and first upper floor or higher, unless previously agreed in writing. A surcharge of £100.00 per flight of stairs above ground floor applies.
6.2 Moves carried out on a Sunday, public holiday, or where the Client requests delivery and/or collection outside of normal working hours. Sunday and public holiday work is subject to a 50% surcharge on the total agreed service price.
6.3 If the Client requests collection from or delivery to The Contractor's storage facility, The Contractor is entitled to make a charge for handling. The expected charge is £25.00 + VAT per person per hour, with a minimum of 3 hours, for handling Goods without further involvement such as additional unloading or moving of Goods.
6.4 If the Client does not give access to the premises, or access is unreasonably denied or obstructed. Such conditions incur an additional charge of £25.00 + VAT per person per hour as waiting time.
6.5 Where stairs, lifts or doorways are inadequate for free movement of Goods without mechanical equipment or structural alteration, or where the approach, road or drive is unsuitable for The Contractor's fleet vehicles to load and/or unload at the premises, additional charges will apply. The standard included carrying distance is up to 20 metres from the vehicle to the entrance of the premises. Any carrying distance beyond 20 metres is subject to the long carry surcharge set out in clause 6.5.2 below.
6.5.1 When access to the premises differs from that provided at the time of Quotation or Survey, The Contractor's team members are not present on site prior to commencement of work and rely solely on information communicated by the Client regarding the address, entrances and entry conditions. Where discrepancies are discovered on the Move Date, the provisions of clause 6.4 and Section V apply.
6.5.2 Long carry surcharge: where the carrying distance from the vehicle to the premises exceeds 20 metres, the following surcharges apply per carry in each direction: 20 to 50 metres: £100.00; 51 to 100 metres: £200.00. Carrying distances are measured from the nearest lawful parking position of The Contractor's vehicle to the entrance of the premises. Where the Client disputes the measured distance, The Contractor's assessment shall be determinative in the absence of an independently verified alternative measurement provided before work commences.
6.6 When there are delays or events outside The Contractor's reasonable control which increase or extend the utilisation of resources or time required to complete the agreed work.
7. The Contractor reserves the right to refuse to quote for the carriage of Goods for any particular person or firm and for the carriage of any Goods or classes of Goods at its discretion.
8. Unless previously agreed and requested in writing, certain services are excluded from The Contractor's standard scope of work. A full list of excluded services is set out in Section VII of these T&Cs. The Client is advised to review that section carefully prior to booking. Key exclusions include but are not limited to: dismantling or assembling furniture, disconnecting or reconnecting appliances, moving items from lofts, moving loaded appliances, taking down or re-hanging window coverings, moving night storage heaters, moving heavy, brittle or monolithic items such as fireplaces and stone ornaments unless expressly included in the Service Agreement, and any item The Contractor's crew reasonably believes cannot be moved safely. All excluded services listed in Section VII may be agreed as additional services in writing prior to the Move Date, subject to availability, specialist requirements and revised pricing.
9. Goods considered as excluded from transport and storage by The Contractor are listed in Section VII, subsection 2 (Goods Excluded from Removal or Storage). The following items will under no circumstances be moved or stored by The Contractor and must not be presented for removal or storage.
10. All pricing in provided Quotations is in pounds sterling unless indicated otherwise. In any circumstances described in this Section, adjusted charges will apply and become payable in order to conduct all agreed services. Additional payment should be cleared prior to commencement of work.
10.1 All prices quoted by The Contractor are subject to Value Added Tax at the rate applicable at the time of invoice, not the time of Quotation. Where the rate of VAT changes between the date of the Quotation and the date of the invoice, The Contractor will apply the rate in force at the time the invoice is issued. The Client shall be responsible for any difference in VAT arising from such a change.
11. If The Contractor provides a Quotation based on hourly rate, every new commenced hour during work in progress on site is chargeable as a full hour. Time is calculated from the moment The Contractor's crew arrives at the collection address to the moment all Goods have been delivered and the crew departs the delivery address, including any travel time between addresses, waiting time, loading and unloading time. Partial hours are rounded up to the next full hour in all cases. There are no exceptions to this rounding rule regardless of the duration of the partial hour. For the avoidance of doubt, a job lasting 3 hours and 1 minute is charged as 4 full hours. The minimum charge for any hourly rate job is set out in clause 5.2 of this Section.
12. Based on the needs presented by the Client, The Contractor provides an Inventory List which includes the full spectrum of required services and the detailed list of Goods to be moved, agreed with the Client. If the necessity to include more items in the existing Inventory List arises during fulfilment of the agreed services, an additional charge applies based on reassessment, subject to schedule, availability and floor space. Any such addition to scope during the service must be approved by the Client in writing before The Contractor proceeds with the additional work, in accordance with the scope change provisions set out in Section IV. The Contractor is not obliged to accommodate additional items or scope that were not included in the original Inventory List.
13. Quotation provided by the Contractor does not guarantee the time and date availability of the team, until confirmed in writing by Contractor's office. A Quotation provided by The Contractor does not guarantee the availability of any specific date, time slot or crew until confirmed in writing by The Contractor by way of a Booking Confirmation issued in accordance with Section II.
14. DATA AND PRIVACY:
14.1 To enable The Contractor to provide the Client with a Quotation and to assist in providing services, The Contractor collects and holds personal information such as the Client's personal details and information concerning the proposed move, removal or storage, and on occasion photographs and videos taken to assist with providing a Quotation or assessing a claim. The Contractor's Privacy Policy permits the use of such personal information for these purposes, and all such information will be held subject to that policy, which can be found at www.octagonremovals.co.uk. By asking The Contractor to provide a Quotation for removal, relocation, storage, packing or unpacking services, the Client consents to the collection and use of the information provided for the purposes described above. Where The Contractor processes any of the Client's data, The Contractor will comply with all requirements and obligations under applicable data protection laws. For full details of how The Contractor collects, uses, stores and protects personal data, including CCTV, dashcam and photographic records, please refer to Section XI (Data Protection) of these T&Cs.
SECTION IV: RECONCILIATION
1. GENERAL TERMS:
2. It is agreed by the Parties that for fixed price services, the Client must pay a Prepayment equivalent to 35% of the agreed total in order to secure the booking and The Contractor's availability. The remaining balance is due no later than 1 hour after loading commences on the Move Date.
Unless the Parties agree otherwise in writing, the Client may not withhold any part of the agreed price.
2.1 The Prepayment is due within 24 hours of The Contractor issuing the Booking Confirmation, unless a different deadline is stated in writing by The Contractor. If the Prepayment is not received within that period, The Contractor may release the reserved date and cancel the booking without liability to the Client.
2.1.1 Validity of booking. For both fixed price and hourly rate services, a booking shall have no legal force or effect unless the Client has either: (a) signed and returned the Service Agreement or contract document provided by The Contractor; or (b) responded in writing to The Contractor's Booking Confirmation email or message confirming acceptance of the booking and the T&Cs. Where the Client fails to sign the contract or respond to the Booking Confirmation within 24 hours of it being issued, The Contractor shall have no obligation to perform the service and may treat the booking as void. The Contractor accepts no liability for any loss or inconvenience arising from a booking that has not been validly confirmed by the Client.
2.2 Deferred payment arrangement. Where the Client is temporarily unable to make payment of the outstanding balance at the time it falls due, for reasons such as lack of internet access, loss of payment card, bank system failure or any other circumstance making the transaction impossible at that moment, the Client may request a short-term deferred payment arrangement for a maximum period of 24 hours from the original due date. Such arrangement must be confirmed by the Client in writing by email or WhatsApp message to The Contractor before The Contractor's crew departs the site, stating the reason for non-payment and confirming that full payment will be made within 24 hours. The Contractor may, at its sole discretion, accept or decline such a request. If the Client fails to make full payment within 24 hours of the original due date, all overdue charges set out in clause 5 of this Section shall apply from the original due date.
2.3 The minimum charge for any fixed price service is £175.00 + VAT as set out in Section III, clause 5.2.
2.4 Any additional costs arising during the service, such as waiting time, additional items to be moved, stairs, long carry or any other service not included in the original Quotation, shall be added to the outstanding balance due. The Client must settle the total outstanding amount, including any additional charges, no later than 30 minutes before the completion of the service. If the Client wishes to pay by bank transfer, The Contractor will send the bank account details by WhatsApp, email or text message upon request. If the Client wishes to pay in cash, the full amount must be handed to The Contractor's crew no later than 30 minutes before the service is completed.
3. For hourly rate services, the following payment terms apply.
3.1 Hourly rate services do not require a Prepayment. The full amount due, calculated on actual time spent and any additional charges incurred, is payable upon completion of the service in accordance with clause 3.2.
3.2 No later than 30 minutes before the estimated completion of the service, The Contractor's crew will notify the Client that the service is approaching its end. At that point, The Contractor will confirm the total amount due, including all time and any additional charges, and will ask the Client how they wish to pay. If the Client wishes to pay by bank transfer, The Contractor will provide the bank account details by WhatsApp, email or text message at that time. If the Client wishes to pay in cash, the full amount must be handed to The Contractor's crew before the crew departs the delivery address.
3.3 The minimum charge for any hourly rate service is £175.00 + VAT. Every commenced hour is charged as a full hour. Time is calculated from crew arrival at the collection address to crew departure from the delivery address, including travel between addresses, loading, unloading and any waiting time. Partial hours are always rounded up to the next full hour without exception.
3.4 Any additional charges arising during an hourly rate service, including additional items, additional floors, long carry or waiting time, shall be added to the final total and confirmed to the Client no later than 30 minutes before the estimated completion of the service.
4. For all monthly reconciliation related to storage services, payment must be received within 7 calendar days from the invoice date. Please refer to Section VIII for full storage payment terms.
5. Daily interest of 7.5% per day applies to all overdue accounts, calculated on the outstanding balance from the original due date until the date of receipt of cleared funds. The Contractor reserves the right to recover all reasonable costs incurred in recovering outstanding amounts, including but not limited to debt collection fees, court costs and solicitor fees.
6. All payments due under the Agreement must be settled by bank transfer or cash only. Card payments are not accepted. The Contractor's bank account details will be sent to the Client by WhatsApp, email or text message upon request or at the time payment falls due.
9. When processing payments by bank transfer, the Client must use either the invoice reference number or their full name as the payment reference, to ensure accurate allocation of funds.
10. All additional billing concerning work performed for the Client shall be reconciled no later than 30 minutes before the full completion of works. Where a delay in payment causes The Contractor's crew to wait, the Client agrees to pay waiting time at the rate of £25.00 + VAT per person per hour.
11. NON-PAYMENT AND SUSPENSION OF SERVICE:
11.1 Where the Client fails to make payment of the balance due within 1 hour of loading commencing on the Move Date, and no written deferred payment arrangement has been agreed under clause 2.2, The Contractor's crew will suspend all work immediately. The Contractor will notify the Client of the suspension and allow a further period of up to 30 minutes for payment to be received.
11.2 If payment is not received within 30 minutes of the suspension notice, The Contractor may, at its sole discretion, transport all Goods already loaded to The Contractor's Storage Facility and place them into storage. Upon exercising this option, an immediate emergency storage charge of £1,000.00 + VAT per 3.5 tonne vehicle used becomes due, covering the cost of transporting the Goods to the Storage Facility and unloading them. This charge is in addition to the outstanding removal balance and all other charges set out in clause 11.4. The Goods will not be released until all outstanding charges, including this emergency storage charge, have been paid in full in cleared funds.
11.3 Where the Client notifies The Contractor that Goods cannot be delivered to or unloaded at the intended destination address, whether due to access failure, key failure, building management restrictions, or any other reason not caused by The Contractor, The Contractor will by default transport the Goods to its Storage Facility. An emergency storage charge of £1,000.00 + VAT per 3.5 tonne vehicle used applies, covering transport to the Storage Facility and unloading. This charge is payable in full before the Goods are released. If the Client expressly requests in writing that the Goods be returned to the original collection address instead, The Contractor may agree to do so at its sole discretion, subject to availability and at the Client's cost at The Contractor's standard removal rates. Re-delivery of the Goods from storage to the Client's chosen address will be arranged at a time convenient to The Contractor, subject to availability, and will be charged at The Contractor's standard removal rates prevailing at the time of re-delivery.
11.4 Where Goods are placed into storage under clause 11.2 or clause 11.3, the following charges must be paid in full in cleared funds before the Goods are released:
11.4.1 the full outstanding balance of the removal service, including any additional charges incurred;
11.4.2 in the case of non-payment under clause 11.2: the cost of transporting the Goods to the Storage Facility, daily storage charges at The Contractor's prevailing rates, and re-delivery charges at The Contractor's standard rates to be agreed in writing before re-delivery is arranged;
11.4.3 in the case of failed delivery under clause 11.3: the emergency storage charge of £1,000.00 + VAT per 3.5 tonne vehicle, plus daily storage charges at The Contractor's prevailing rates from the second day, plus re-delivery charges at The Contractor's standard rates.
11.4.4 Where the Client wishes to visit The Contractor's Storage Facility to inspect their Goods, access their Goods, or arrange collection by a third party carrier, a storage access charge of £60.00 + VAT per person per hour applies, with a minimum charge of 3 hours per visit. This charge covers The Contractor's crew time required to facilitate access, locate and present the Goods, and supervise the visit or third party collection. This access charge is separate from and in addition to any outstanding storage or removal charges.
11.5 Re-delivery of Goods held in storage following non-payment or failed delivery will be arranged at a date and time convenient to The Contractor, subject to availability. The Client has no right to demand immediate re-delivery. The Contractor's lien over the Goods in storage shall apply until all outstanding charges have been paid in full in cleared funds.
11.6 The Contractor shall not be in breach of the Service Agreement by reason of suspending work, placing Goods into storage or declining to return Goods to the original address under this clause. All costs arising from non-payment or failed delivery are the sole responsibility of the Client.
12. CHANGES TO SCOPE OF SERVICE DURING PERFORMANCE:
12.1 Where, during the performance of the agreed service, the Client requests additional work, additional items to be moved, access to additional floors, rooms or locations not included in the original Quotation, or any other variation to the agreed scope of service, The Contractor shall not be obliged to perform such additional work without first agreeing a revised charge with the Client in writing.
12.2 Any change to the scope of service during performance must be approved by the Client in writing, including by WhatsApp message, email or other written means, before The Contractor proceeds with the additional work. Verbal approval of additional charges on site shall not be binding unless subsequently confirmed in writing.
12.3 Where the Client approves a revised charge in writing, The Contractor will add the additional amount to the total balance due, payable in accordance with the payment terms set out in this Section.
12.4 Where the Client refuses to approve a revised charge for additional scope identified on site, The Contractor reserves the right to limit the service to the originally agreed scope only and to cease work on any items or tasks falling outside that scope. The Contractor shall not be in breach of the Service Agreement in such circumstances.
12.5 Where the actual volume, weight, number of items or complexity of the service materially exceeds what was represented by the Client at Survey or booking, The Contractor shall be entitled to issue a revised Quotation on site. The Client must approve the revised Quotation in writing before work proceeds. Refusal to approve shall entitle The Contractor to cease the service and charge for all work already performed and resources already deployed.
13. PARTIAL PAYMENT:
13.1 Acceptance by The Contractor of any partial payment shall not constitute acceptance of that amount as full and final settlement of the sum due, nor shall it constitute a waiver of The Contractor's right to recover the outstanding balance together with all applicable interest and charges. The full agreed price remains due and payable regardless of any partial payment made.
13.2 Where a partial payment is received, The Contractor will apply it first to any interest and recovery costs accrued, then to the oldest outstanding charges, and finally to the most recent charges.
14. CHARGEBACK AND PAYMENT DISPUTES:
14.1 The Client agrees not to initiate any chargeback, payment reversal or dispute with their bank or payment provider in respect of any payment made to The Contractor without first exhausting The Contractor's internal complaints procedure as set out in these T&Cs. Initiating a chargeback without first following the complaints procedure shall constitute a breach of this Agreement.
14.2 Where a chargeback is initiated by the Client and The Contractor disputes it, The Contractor reserves the right to: (a) recover the full amount of the chargeback together with a chargeback administration fee of £150.00 + VAT; (b) report the outstanding debt to a debt collection agency; (c) refer the matter to a Credit Reference Agency, which may affect the Client's credit rating; and (d) commence legal proceedings to recover all sums due together with interest and legal costs.
14.3 A chargeback that is found in favour of The Contractor, or withdrawn by the Client, shall not affect The Contractor's right to pursue all outstanding amounts and costs.
15. PAYMENT BY THIRD PARTIES:
15.1 The contractual obligation to pay The Contractor rests solely with the Client named in the Service Agreement, regardless of any arrangement the Client may have with a third party to make payment on their behalf. Where a third party fails to make payment by the due date, the Client remains fully liable for the outstanding balance, together with all applicable interest and charges, as if no such arrangement existed.
15.2 The Contractor is not a party to any payment arrangement between the Client and a third party and accepts no responsibility for any delay or failure in payment resulting from such an arrangement.
16. FAILED VISIT CHARGE:
16.1 Where The Contractor's crew attends the collection or delivery address at the agreed time and is unable to commence or complete the service due to any reason attributable to the Client, including but not limited to: the Client or an authorised representative not being present, incorrect address provided, access blocked or unavailable, Goods not ready, or any other circumstance within the Client's control, a failed visit charge shall apply.
16.2 The failed visit charge is calculated as if the full service had been performed, subject to a minimum charge of 3 hours' labour per crew member present, plus vehicle time and fuel costs. This charge reflects The Contractor's committed and irrecoverable costs including crew wages, vehicle depreciation, fuel and lost booking opportunity.
16.3 The failed visit charge is payable within 24 hours of The Contractor issuing notice of the failed visit. Interest at the rate set out in clause 5 applies to any failed visit charge not paid within that period.
17. CURRENCY:
17.1 All sums due under this Agreement are payable in pounds sterling (GBP) only. The Contractor does not accept payment in any other currency. Where a payment is received in a currency other than GBP, the Client shall bear all currency conversion costs and any shortfall arising from the exchange rate applied, and shall remain liable for the full GBP amount due.
18. DEBT RECOVERY COSTS:
18.1 Where The Contractor is required to take steps to recover any outstanding amount, the Client shall be liable for all costs reasonably incurred by The Contractor in doing so. This includes but is not limited to: internal administration costs, debt collection agency fees calculated at the agency's standard rates applicable at the time of instruction, court fees, solicitor fees on an indemnity basis, and any enforcement costs. The Client's liability for recovery costs arises from the date the debt first becomes overdue and is not limited to costs incurred after formal legal action is commenced.
19. DISPOSAL OF UNCOLLECTED GOODS:
19.1 Where Goods have been placed into The Contractor's Storage Facility following non-payment or failed delivery under clause 11, and the Client has not paid all outstanding charges and arranged collection within 30 days of the Goods entering storage, The Contractor shall be entitled to exercise its rights under the Torts (Interference with Goods) Act 1977, section 12 and Part II of Schedule 1, to sell or dispose of some or all of the Goods after giving such notice as is required by law.
19.2 Prior to exercising any right of disposal, The Contractor will give the Client 14 days' written notice of its intention to dispose of the Goods, sent to the Client's last known email address and correspondence address.
19.3 Where Goods are disposed of, a disposal charge of £550.00 + VAT per tonne applies, in addition to all outstanding removal, storage and recovery costs. The net proceeds of any sale will be credited to the Client's account. Any surplus after deduction of all outstanding charges, disposal costs and recovery costs will be returned to the Client without interest. Where proceeds are insufficient to cover all outstanding charges, the Client remains liable for the shortfall.
20. PREPAYMENT PROTECTION AND CLIENT MONEY:
20.1 The Contractor recognises that prepayment of removal or storage charges represents a matter of legitimate concern for the Client. This clause sets out the arrangements currently in place and the statutory framework within which those arrangements operate, in the interest of full transparency.
20.2 Financial standing. The Contractor is a trading company registered in England and Wales under Company Number 10412666. Statutory accounts are filed annually with Companies House and are publicly available at find-and-update.company-information.service.gov.uk. The Client is invited to review those accounts before making any material prepayment.
20.3 Payment method and statutory recovery limits. The Contractor accepts payment by bank transfer and by cash only. Payment by credit or debit card is not accepted at present. The Client is therefore not able to rely on the section 75 Consumer Credit Act 1974 joint-and-several liability that applies to qualifying credit card payments of £100.00 or more, nor on the debit card chargeback right available under card scheme rules. The Client is invited to take these limitations into account when deciding on the amount and timing of prepayment.
20.4 Application of prepayment. Prepayments received by The Contractor are applied to secure the Move Date, The Contractor's availability, and the deployment of the resources needed to perform the Service. Prepaid sums are held in The Contractor's operating account and are applied against the Client's account as the Service is performed.
20.5 Refund of prepayment. Prepayments are refunded, in full or in part, in the circumstances set out in Section II clause 5 (Cancellation and Postponement) and Section II clause 6 (Rescheduling), and in any other circumstance where a refund is due under these T&Cs. Where a refund is due, it is paid within 14 calendar days of the trigger event by bank transfer to the account from which the original payment was received, or to another account nominated by the Client in writing.
20.6 Independent advice. The Client is encouraged to take independent financial or legal advice on any material prepayment before making it. The Contractor's staff are not qualified to advise the Client on the financial suitability of any payment structure and no such advice is offered by The Contractor.
SECTION V: CLIENT'S RESPONSIBILITY
1. GENERAL TERMS:
2. By agreeing to the T&Cs, it is the Client's sole obligation to:
2.1 Respond promptly to all requests from The Contractor relating to the services and work in progress, and to ensure the accuracy of all information provided.
2.2 Declare to The Contractor the accurate value and detailed specification of the transported or stored Goods. If it is subsequently established that the value of the Goods removed or stored is greater than the value declared by the Client, it is agreed that The Contractor's liability will be reduced to reflect the proportion that the declared value bears to the actual value. Any item with an individual value exceeding £500.00 must be declared in writing to The Contractor before the service commences. Failure to declare a High-Value Item shall limit The Contractor's liability for that item to a maximum of £500.00 regardless of actual value.
2.3 Arrange all-risks related insurance cover for all Goods being moved, as The Contractor's liability is limited to its insurance policies as described in Section IX of these T&Cs.
2.4 Obtain at the Client's expense all documents necessary for The Contractor to commence the work, such as permits, permissions, licences and customs documents necessary for the removal to be completed.
2.5 Be present in person or appoint an authorised representative at the departure and destination points to ensure that nothing is removed or left in error or placed in the incorrect room before The Contractor's crew leaves the premises. Any authorised representative must present a written Power of Attorney or letter of authority signed by the Client to The Contractor's crew before any handover takes place, in accordance with Section II, clause 3.1.3. If, by the time The Contractor's crew has left the collection point, the Client notifies The Contractor of items not collected due to the Client's own negligence or omission, The Contractor's crew may return as soon as possible to arrange collection. In such circumstances an additional charge will apply for the return journey. If the failure to collect was due to The Contractor's negligence, the return trip shall be free of charge.
2.5.1 If upon delivery the Client wishes The Contractor's crew to reposition Goods such as furniture within the premises, an additional charge of £25.00 + VAT per item applies, without dismantling or reassembly.
2.6 Prepare adequately and stabilise all appliances prior to their removal where applicable.
2.7 Ensure authorised signature on agreed Inventory Lists, receipts, Delivery Notes or other relevant documents as confirmation of collection or delivery of Goods. The Client's authorised representative will be asked to sign on their behalf in the Client's absence, subject to presentation of valid written authority. The Client agrees to perform a full inspection of their Goods on site during or after the unloading stage in order to assess their condition. Please refer to Section IX (Insurance, Warranty and Liability).
2.8 Arrange proper protection for delivered Goods left in unoccupied or unattended premises, or where other persons such as tenants, workmen, specialists or other contractors are or will be present. Please refer to Section IX.
2.9 Empty, properly defrost and clean refrigerators and deep freezers. The Contractor will not take responsibility for the contents nor for any leaks from such appliances which may cause damage to the floor, furniture or other Goods.
2.10 Provide The Contractor with all relevant and accurate contact details including the collection address, destination address and a dedicated correspondence address if different from the destination address.
2.11 Ensure that The Contractor's crew will have uninterrupted, unobstructed and free access to the premises to perform their duties. Where The Contractor's team arrives to find unacceptable working conditions or environment based on their assessment, The Contractor may refuse to perform the services or insist on rescheduling. Additional fees based on availability apply.
2.12 Reimburse The Contractor for any charges such as parking fines and meter suspension fees incurred during the removal process as a result of inadequate parking arrangements made by the Client.
2.13 Take responsibility for the security of the premises, including opening and closing all gates, doors, windows and locks, which may otherwise lead to unsafe or risky circumstances when The Contractor's crew finishes on site. The Contractor's crew will not be responsible for any consequential or other loss resulting from the Client's failure to do so.
2.14 Ensure that all domestic appliances including but not limited to washing machines, dishwashers, hose pipes and petrol lawn mowers are cleaned and dry, with no residual fluid remaining in them.
2.15 Transfer of the Agreement to a third party requires the express prior written consent of The Contractor, which may be granted or refused at The Contractor's sole discretion and without giving reasons. If the Client wishes to transfer responsibility for the Agreement to a third party, the Client must provide The Contractor with written notification of the third party's full name, address and the nature of their interest. Following The Contractor's written approval and receipt of a signed Agreement from the third party, The Contractor will enter into a new Agreement with them. Until such time as the third party has signed a new Agreement and The Contractor has issued written confirmation of the transfer, the original Client remains fully and jointly liable for all obligations under this Agreement, including payment of all charges. No purported transfer without The Contractor's written consent shall have any effect.
2.16 If the Client's property or its contents are in an unhygienic condition, The Contractor's crew has the right to refuse to perform the work. For the purposes of this clause, unhygienic conditions include but are not limited to: presence of vermin or evidence of infestation, hazardous waste, biohazards, extreme uncleanliness posing a risk to the health or safety of The Contractor's crew, or any condition that The Contractor's crew reasonably considers unsafe. Where work is refused on these grounds, the failed visit charge set out in Section IV, clause 16 applies.
2.17 This clause applies only to packing boxes and materials that are supplied on a loan basis by The Contractor with the intention of collecting them back after use. It does not apply to boxes or materials sold to the Client, which remain the Client's property and are not subject to collection or damage charges. Where The Contractor provides packing services and is required to collect boxes from the Client, those boxes must be in good condition, not left outside, wet or visibly damaged. If boxes are damaged or missing, the Client agrees to pay for each box at the price listed on The Contractor's current price schedule. The Client must not write directly on any box supplied on loan by The Contractor. All labelling must be applied to tape only, not to the box surface. Boxes written on directly will be treated as damaged and charged accordingly. If The Contractor supplies packing boxes to the Client on loan with the intention of collecting them later, the Client agrees to hold the boxes for no longer than 14 calendar days and make them accessible for collection, unless alternative arrangements have been agreed in writing.
2.18 It is the Client's responsibility to ensure that all Goods have been successfully collected by The Contractor's team from the collection property or location, confirmed by the Client's signature on the Inventory List or Delivery Note.
2.19 Where no parking space is available at the premises on the Move Date, due to the Client's failure to arrange adequate parking, Force Majeure circumstances or any other unforeseen reason outside The Contractor's control, additional charges will apply in accordance with the appendix provisions set out in Section III.
2.20 Where The Contractor is required to pay parking charges, congestion charges or other fees related to moving vehicles to and from the premises in order to carry out the services, the Client agrees to reimburse The Contractor for all such charges in full. The Contractor's crew is not permitted to park in unsafe, risky or unreasonably obstructive positions. If the Client directs The Contractor's crew to a parking spot which results in a Penalty Charge Notice being issued, it is the Client's responsibility to pay that fine immediately.
2.21 If the Client's belongings are not packed and secured in appropriate boxes or containers prior to the crew's arrival, The Contractor's team is not required to handle loose items and such items cannot be included in the existing Quotation. The Contractor accepts no liability for loose items in transit. This applies equally to items presented in unsuitable packaging, overloaded boxes, single-wall boxes, underfilled boxes or any container that The Contractor's crew reasonably considers inadequate to protect the contents during the move.
2.22 ACCURACY OF INFORMATION AND CONSEQUENCES OF MISREPRESENTATION:
2.22.1 The Client warrants that all information provided to The Contractor at the time of Survey or enquiry, whether in person, virtually, by video or by photograph, is accurate, complete and representative of the actual scope, volume and conditions of the service required.
2.22.2 Where the actual conditions encountered on the Move Date differ materially from the information provided by the Client, including but not limited to greater volume or number of items than declared, additional floors or carrying distances not disclosed, access restrictions not mentioned, parking conditions materially different from those described, or items of a nature or weight not represented at Survey, The Contractor shall be entitled to: (a) issue a revised Quotation on site, which the Client must approve in writing before work proceeds; (b) charge waiting time at £25.00 + VAT per person per hour for any delay caused by the need to reassess; (c) recover all additional costs directly caused by the inaccuracy, including additional fuel, vehicle time, labour and third-party costs; (d) where the Client refuses to approve the revised Quotation, cease the service and charge for all work performed, resources deployed, travel and waiting time to that point.
2.22.3 The Contractor shall not be liable for any delay, failure to complete or additional cost arising directly from inaccurate or incomplete information provided by the Client at Survey or booking stage.
2.23 CLIENT LIABILITY FOR INACCURATE ACCESS INFORMATION:
2.23.1 The Client is solely responsible for providing accurate information regarding access conditions at both the collection and delivery addresses, including availability and suitability of parking, working condition of lifts, number of floors to be accessed, carrying distances, time restrictions on access, loading bay availability and building management requirements.
2.23.2 Where The Contractor's crew arrives and the access conditions materially differ from those represented by the Client, The Contractor shall be entitled to charge: (a) waiting time at £25.00 + VAT per person per hour from crew arrival until the issue is resolved or the service is abandoned; (b) any parking charges, fines or suspension fees arising from inadequate parking arrangements; (c) stairs surcharge of £100.00 per flight above ground floor where stairs were not disclosed; (d) long carry surcharge where carrying distances exceed those represented at Survey; (e) any additional fuel, vehicle time or labour costs resulting from undisclosed access conditions.
2.23.3 Where access conditions are such that The Contractor's crew cannot safely or reasonably perform the service, The Contractor reserves the right to abandon the service and charge the full failed visit charge in accordance with Section IV, clause 16, without further liability to the Client.
2.24 MULTI-DAY AND MULTI-VISIT JOBS:
2.24.1 Where a service is carried out over more than one day or involves more than one visit to the same premises, the Client is responsible for the condition of the premises and any items moved, repositioned or rearranged by the Client, their household or any third party between The Contractor's visits.
2.24.2 The Contractor is not liable for damage, marks or alterations to the premises or Goods that arise or are first noticed between one visit and the next, unless it can be shown that the damage was caused by The Contractor during that specific visit.
2.24.3 Any new damage noted at the start of a subsequent visit must be raised with The Contractor's crew before work resumes on that day, so that it can be recorded as pre-existing to that visit. Damage not raised before work resumes cannot form the basis of a claim against The Contractor in respect of that visit.
2.25 CLIENT'S INSURANCE - CONSEQUENCE OF FAILURE TO INSURE:
2.25.1 The Client's obligation to arrange all-risks insurance cover for their Goods, as set out in clause 2.3, is essential to the balance of risk under this Agreement. Where the Client fails to arrange such insurance, or where the Client's insurance is inadequate to cover the full value of the Goods, this does not increase The Contractor's liability in any way. The Contractor's liability remains strictly limited to the amounts set out in Section IX, regardless of any shortfall in the Client's own insurance arrangements.
2.25.2 The Client acknowledges and accepts that any uninsured or underinsured loss is the Client's sole responsibility. The Contractor accepts no responsibility for any consequence, financial or otherwise, arising from the Client's failure to insure their Goods adequately.
2.26 CLIENT ASSISTANCE - INSURANCE VOIDANCE:
2.26.1 The Contractor's Goods in Transit insurance and public liability insurance are underwritten on the basis that all handling, lifting, loading, unloading and transportation of Goods is performed exclusively by The Contractor's trained professional crew. The Client is not a trained professional handler.
2.26.2 Where the Client or any person connected with the Client (including household members, friends, other contractors or third parties acting at the Client's request or with the Client's permission) participates in, assists with, or interferes with any part of the handling, lifting, loading, unloading or transportation of the Goods, The Contractor's insurance coverage in respect of those Goods shall be void with immediate effect. In such circumstances, The Contractor accepts no liability for any loss, damage or injury howsoever caused.
2.26.3 The Client is strongly advised not to assist The Contractor's crew in any handling activity. If the Client insists on assisting, they do so entirely at their own risk and waive any right to claim against The Contractor for any injury, loss or damage arising from such assistance.
2.27 CHILDREN, PETS, VULNERABLE PERSONS AND ANIMALS IN VEHICLES:
2.27.1 The Client must ensure that all children, pets, elderly persons, disabled persons and any other vulnerable individuals are properly supervised and kept clear of The Contractor's working area at all times during the service, including collection, loading, transportation, unloading and delivery.
2.27.2 The Contractor accepts no liability whatsoever for any injury, harm, distress or loss suffered by any child, pet, elderly person, disabled person or vulnerable individual during the performance of the service, regardless of cause, save where such liability cannot lawfully be excluded.
2.27.3 The Contractor accepts no liability for any damage, injury or loss caused by any child, pet or other person from the Client's household or under the Client's control to The Contractor's crew, equipment, vehicles or Goods.
2.27.4 No passengers of any kind may travel in The Contractor's vehicles. This includes but is not limited to: the Client, members of the Client's household, friends, agents, children, elderly persons, disabled persons and any pets or animals. This rule admits no exceptions and applies regardless of distance, duration or circumstances.
2.28 KEYS, ALARMS AND UNSUPERVISED ACCESS:
2.28.1 Where the Client provides The Contractor with keys or access codes to any property at which the Client will not be personally present, the Client must send a written authorisation to The Contractor's office by email confirming that The Contractor's crew is authorised to enter the property, load or unload Goods, and secure the property upon completion. This authorisation must be received before The Contractor's crew attends the property.
2.28.2 The Client is responsible for deactivating any alarm system, notifying any security company, building management, neighbours or other persons who may be alerted by The Contractor's presence at the property, and providing all necessary access codes or instructions.
2.28.3 The Contractor accepts no liability for any consequence arising from the Client's failure to deactivate alarms, notify security or neighbours, or provide access instructions, including but not limited to police call-outs, alarm response fees, security company charges or any other costs incurred by the Client.
2.28.4 The Client shall reimburse The Contractor for any cost, fine, charge or claim made against The Contractor by any third party, including police, security company or building management, arising from the Client's failure to arrange proper unsupervised access as set out in this clause.
2.29 ADVERSE WEATHER CONDITIONS:
2.29.1 The Client acknowledges that The Contractor's service inherently involves carrying Goods between the property and the vehicle and that during adverse weather conditions, including but not limited to heavy rain, snow, hail or sleet, Goods including boxes, furniture and other items may become wet or exposed to the elements during the ordinary course of loading and unloading.
2.29.2 The Contractor accepts no liability for any dampness, water damage or weather-related deterioration to Goods arising during the ordinary course of loading and unloading in adverse weather. The Client is responsible for arranging any additional protection or waterproofing they consider necessary for their Goods in such conditions.
2.29.3 Where the Client has substantial or unprotected Goods and adverse weather is forecast for the Move Date, the Client is advised to book additional protective materials or reschedule the service at their own cost. The Contractor reserves the right to postpone or reschedule the service in cases of extreme weather without liability to the Client, where such weather makes safe performance of the service impossible.
2.30 CLIENT CONDUCT AND SAFETY OF CREW:
2.30.1 The Client must ensure that The Contractor's crew is treated with respect and dignity throughout the service and that the working environment is safe.
2.30.2 Where the Client or any person present at the property is under the influence of alcohol or drugs, is verbally or physically abusive, threatening, aggressive, or otherwise creates an unsafe working environment for The Contractor's crew, The Contractor's crew has the right to suspend or terminate the service immediately.
2.30.3 Where the service is suspended or terminated under this clause, the failed visit charge set out in Section IV, clause 16 applies. The Client is liable for all costs incurred by The Contractor up to that point, including labour, vehicle time and any additional costs arising from the abandoned service.
2.30.4 The Contractor reserves the right to refuse to send its crew back to any property where such conduct has occurred, and reserves the right to report threats, assaults or other criminal conduct to the police.
2.31 PHOTOGRAPHY, RECORDING AND PUBLICATION:
2.31.1 The Client shall not photograph, film, record audio or otherwise capture images or recordings of The Contractor's crew members during the performance of the service without the express prior written consent of both The Contractor and the individual crew members concerned. This restriction protects the personal data and privacy rights of The Contractor's employees under applicable data protection law.
2.31.2 The Client shall not publish, share, distribute or transmit on any social media platform, website, messaging service or public forum any photograph, recording or personal information relating to The Contractor's crew members without such prior written consent.
2.31.3 Any publication or communication that names, identifies or depicts The Contractor's crew and is false, misleading, malicious or damaging to the reputation of The Contractor or its crew shall be treated as a breach of this Agreement, and The Contractor reserves the right to pursue all available legal remedies including but not limited to damages, injunctive relief and reporting to the relevant social media platform for takedown.
2.31.4 This clause does not restrict the Client from making genuine, accurate complaints through The Contractor's complaints procedure or from exercising any statutory right.
2.32 NEXT OF KIN AND EMERGENCY CONTACT:
2.32.1 The Client must provide The Contractor with the details of a next of kin or trusted emergency contact person prior to the Move Date. The details required are: full name, mobile telephone number and email address of the nominated person. This information enables The Contractor to notify the next of kin in the event of any emergency, accident or other incident affecting the Client during the performance of the service.
2.32.2 The Client warrants that the person nominated has consented to being contacted for this purpose. The Contractor will only contact the next of kin in circumstances that reasonably justify such contact, such as a medical emergency, accident or inability to reach the Client during a critical stage of the service.
2.32.3 In addition to the next of kin details, the Client must remain contactable throughout the Move Date and any subsequent day on which the service continues, by providing a valid mobile telephone number and email address at which they can be reached at short notice.
2.32.4 Where The Contractor is unable to contact the Client at the numbers provided and this results in delay to the service, waiting time charges at £25.00 + VAT per person per hour apply from the moment contact was first attempted until contact is re-established, or the service is abandoned in accordance with clause 2.30.
2.33 PARKING PERMITS AND SUSPENSIONS:
2.33.1 Where parking suspension, dispensation, permit or bay booking is required at the collection address, delivery address or both, in order for The Contractor's vehicle(s) to load or unload lawfully, the Client is responsible for identifying the requirement and requesting The Contractor to arrange the permit at the Quotation stage.
2.33.2 Local authority parking permits typically require a minimum of 5 to 10 working days notice before the Move Date, depending on the borough. The Client is responsible for booking the Move Date sufficiently in advance to allow for permit processing. The Contractor accepts no liability for any inability to obtain a permit due to insufficient notice provided by the Client.
2.33.3 All parking permit and suspension costs are the Client's responsibility and are additional to the quoted service price. The Contractor will pay these costs on the Client's behalf where agreed, and the Client shall reimburse The Contractor together with an administrative handling fee to be advised at the time of the Quotation.
2.33.4 The Contractor accepts no liability for any decision of the local authority to refuse, revoke, delay or amend any parking permit or suspension. Where a permit is refused or unavailable, The Contractor will use reasonable endeavours to complete the service using alternative parking arrangements. Any additional charges arising from longer carrying distances, waiting time or other consequences of unavailable parking are the Client's responsibility in accordance with clause 2.23 and Section III clause 6.5.
2.33.5 Where a permit is obtained but a third party (including but not limited to other vehicles, road works, event closures or emergency services) obstructs the use of the reserved parking, The Contractor accepts no liability. Additional charges under clause 2.23 apply where such obstruction results in delay or the need for alternative arrangements.
SECTION VI: CONTRACTOR'S RESPONSIBILITY
1. GENERAL TERMS:
2. In providing the services, The Contractor at all times undertakes to:
2.1 Apply the knowledge, professional standards and skills essential to the performance of the service.
2.2 Ensure that materials used are of satisfactory quality and are fit for purpose.
2.3 Perform, during the term of the Service Agreement, all services included in that Service Agreement and these T&Cs.
2.4 Take reasonable care to deliver the Client's Goods to the agreed destination or prepare them for collection in the same condition in which they were packed or otherwise made ready for transportation or storage, subject to normal handling and the exclusions and limitations of liability set out in Section IX. Deliver Clients goods to the desired destination/s, or prepare them for Client's collection, undamaged. 'Undamaged' shall mean in the same condition as they were at the time when they were packed or otherwise made ready for transportation and/or storage.
2.5 Comply with all applicable laws and regulations in force including industry standards and codes of conduct.
2.6 Not be liable to the Client where compliance with applicable law, regulation or industry code prevents the performance of any obligation under this Agreement. Have no liability to the Client if such compliance results in any breach of our responsibilities contained within the agreement.
2.7 Use subcontractors or service partners where necessary to secure the appropriate level of expertise and performance. Where subcontractors are used, these T&Cs continue to apply to both Parties.
2.8 Where the vehicle size confirmed in the Quotation is unavailable due to breakdown or other operational reason, The Contractor guarantees that replacement transport of equivalent total load capacity will be arranged and provided on the Move Date. The Contractor may achieve this by way of multiple smaller vehicles, additional trips, or such other operational arrangement as necessary to fulfil the service on the agreed Move Date. The Client accepts that where replacement transport is provided by way of multiple vehicles or trips, the sequence and timing may differ from the original schedule, but the service will be completed.
2.9 Vehicle capacity guarantee. The Contractor guarantees to provide an additional vehicle at no extra charge to the Client only where the shortfall in vehicle capacity results from The Contractor's own miscalculation of the required capacity based on accurate information provided by the Client at Survey. This is the specific circumstance to which The Contractor's marketing statements regarding an "additional vehicle at no extra charge" apply. Where the shortfall in capacity results wholly or in part from any inaccuracy, omission or misrepresentation by the Client at the Survey or booking stage, including but not limited to greater volume, weight or number of items than represented, the scope change provisions of Section IV, clause 12 apply, and additional vehicle, crew, fuel and time costs are payable by the Client at revised charges to be agreed on site. The Contractor guarantees that in case of performed assessment and agreed provision of certain floor space, where during loading it would turn out to be not enough, additional vehicle will be provided to satisfy the need of additional space at no extra charge.
2.10 Accept liability for loss of or damage to Goods caused by The Contractor's negligence or breach of Agreement, subject to and strictly in accordance with the limits, exclusions and procedures set out in Section IX (Insurance, Warranty and Liability). Where The Contractor accepts liability under Section IX, remedies may include repair, compensation at current market value, or replacement with an equivalent item, subject to the Client's approval and the applicable liability cap. The Contractor guarantees full responsibility for the goods. If any of the goods have been damaged by the Contractor's crew, we will either repair the goods, or compensate the market value of the goods or replace the same or similar items (upon consulting the Client and obtaining their approval).
2.11 Where The Contractor's crew becomes aware of pre-existing damage or condition issues affecting Goods prior to loading, or observes any accidental damage caused during handling, the crew will document the condition photographically and notify the Client at the earliest opportunity. Photographic documentation of Goods captured by The Contractor's crew is retained in accordance with Section XI (Data Protection). It is Contractor's sole responsibility to notify the Client about any potential damage to the goods prior to loading (upon noticing) them into fleet vehicles as well as documenting their condition digitally (photographs, video recordings). It is included in and forced by the Contractor's code of conduct to immediately inform the Client about any accidental damage caused to Client's goods by the Contractor's team, which was discovered.
2.12 The Contractor's crew has the right to refuse dismantling or reassembly of furniture where, after a diligent on-site assessment, it is determined that the furniture is not in a condition to be safely dismantled or reassembled. Grounds for refusal include but are not limited to: potential permanent damage that may be inflicted in the process, worsening of an existing defect, missing parts, deteriorated wooden components, lack of working space, or any other reason identified by the crew.
2.13 In case of any delays, please refer to Section VII (Handling Goods), subsection 4 (Delays in Transit).
2.14 This obligation is the same commitment set out in clause 2.8 above. Where the vehicle size confirmed in the Quotation cannot be provided on the Move Date, The Contractor guarantees equivalent total load capacity by any operationally appropriate combination of vehicles or trips necessary to complete the service on the Move Date.
2.15 CONTRACTOR'S RIGHT TO REFUSE OR TERMINATE SERVICE:
2.15.1 In addition to any other rights of refusal or termination set out in these T&Cs, The Contractor reserves the right to refuse to commence or to terminate a service in progress where, in the reasonable judgement of The Contractor's crew or management, any of the following circumstances exist:
2.15.1.1 unsafe working conditions at the collection or delivery address;
2.15.1.2 unhygienic conditions as described in Section V, clause 2.16;
2.15.1.3 client conduct as described in Section V, clause 2.30;
2.15.1.4 misrepresentation by the Client as to scope, volume, access or nature of Goods, as described in Section V, clause 2.22;
2.15.1.5 presentation of Goods for transport or storage that are excluded under Section VII;
2.15.1.6 refusal by the Client to approve necessary revised charges under Section IV, clause 12;
2.15.1.7 non-payment under Section IV, clause 11;
2.15.1.8 any other circumstance where continuation of the service would create disproportionate risk of harm to persons, damage to Goods or property, or would place The Contractor's crew in a compromised position.
2.15.2 Where The Contractor exercises the right to refuse or terminate the service under this clause, the failed visit charge set out in Section IV, clause 16 applies, and The Contractor shall not be in breach of the Service Agreement by reason of such refusal or termination.
2.16 STANDARDS OF PERFORMANCE:
2.16.1 The Contractor will use reasonable skill and care in the performance of all services. This is a standard of reasonable competence and effort, not an absolute guarantee of outcome. Nothing in this Section VI or elsewhere in these T&Cs shall be construed as an absolute guarantee that Goods will not be damaged, delayed, lost or otherwise adversely affected during the course of the service.
2.16.2 All obligations of The Contractor under this Section are subject to and qualified by the exclusions, limitations and procedures set out in Section IX (Insurance, Warranty and Liability). In the event of any inconsistency between this Section and Section IX, Section IX prevails on matters of liability, exclusion and limitation.
2.16.3 The Contractor's obligations under this Section apply only where the Client has complied with the Client's own obligations under Section V. Where the Client's own act or omission has caused or contributed to any failure of performance by The Contractor, The Contractor's obligations are reduced or extinguished accordingly.
2.17 RESPONSIBILITY FOR EMPLOYEES AND SUBCONTRACTORS:
2.17.1 The Contractor accepts full responsibility for the acts and omissions of its employees and subcontractors performed in the course of providing the services under this Agreement. This responsibility is subject to the limits, exclusions and procedures set out in Section IX (Insurance, Warranty and Liability).
2.17.2 The Contractor's responsibility under clause 2.17.1 applies to acts and omissions that fall within the scope of the employee's or subcontractor's authorised duties. The Contractor accepts no responsibility for any independent criminal act carried out by any individual outside the scope of their authorised duties, such as theft, assault or wilful damage committed for the individual's own purposes and unconnected to the services being performed. The Contractor will cooperate fully with law enforcement in the investigation of any such act.
2.18 HEALTH, SAFETY AND MANUAL HANDLING:
2.18.1 The Contractor operates in strict compliance with the Manual Handling Operations Regulations 1992, the Health and Safety at Work etc. Act 1974, and all other applicable health and safety legislation and industry codes of practice.
2.18.2 The Contractor's crew has the right to refuse to perform any task, move any item, or continue with any activity where doing so would breach health and safety regulations, place the crew at unreasonable risk of injury, or exceed the safe manual handling limits set out in applicable law. This right of refusal is absolute and takes precedence over any other obligation under this Agreement.
2.18.3 Where a task or item is refused on health and safety grounds, The Contractor will inform the Client and, where possible, offer guidance on alternative arrangements. The Contractor accepts no liability for any consequence arising from a refusal made in accordance with this clause.
2.18.4 Manual handling limits. For the safety of both The Contractor's crew and the Client's Goods, and in application of the Manual Handling Operations Regulations 1992 and Health and Safety Executive guidance L23 (Manual Handling at Work), the following operational thresholds apply:
2.18.4.1 items weighing up to 25 kilograms are, in general, handled by a single crew member, subject to risk assessment on site;
2.18.4.2 items weighing between 25 and 50 kilograms are handled by two crew members using appropriate technique and shared load;
2.18.4.3 items weighing between 50 and 100 kilograms require three crew members, mechanical aids such as sack trolley, stair climber, piano board or dolly, or a combination of both, and are handled only where the on-site risk assessment supports safe handling;
2.18.4.4 items weighing above 100 kilograms, items of unusual shape or dimension, items requiring hoisting equipment, crane, or specialist rigging, and items with restricted access, are handled only where the risk assessment supports safe handling and where the necessary crew, equipment and preparatory measures have been provided for under the Quotation;
2.18.4.5 items exceeding the safe handling capacity of the crew and equipment provided under the Quotation may be declined at the discretion of the crew leader on the day. Where an item is declined on safety grounds, The Contractor's liability for non-movement of that item is excluded. The Client is offered rescheduling with additional crew or equipment at additional cost, exclusion of the item from the service, or engagement of a specialist third-party contractor.
2.18.5 Disclosure at Survey. Items falling within categories 2.18.4.3, 2.18.4.4 and 2.18.4.5 above are, in most cases, identified during the Survey and reflected in the Quotation. Where such items are not disclosed by the Client at the time of Survey and are only identified on the Move Date, the Client accepts that non-movement, additional charge, or rescheduling may follow, in accordance with the Accuracy of Information provisions of Section V.
2.18.6 Prohibition of Client assistance. The Client is strictly prohibited from assisting The Contractor's crew in the lifting, carrying or handling of any item, regardless of weight or apparent ease of handling. Where the Client insists on assisting against the express request of the crew leader, The Contractor's liability for any personal injury sustained by the Client, damage to Goods, or damage to premises arising from such assistance is excluded in accordance with the exclusion of Client-assisted service in Section IX. The crew leader has authority to suspend work until the Client withdraws from assisting.
2.19 IDENTIFICATION OF CREW AND VEHICLES:
2.19.1 The Contractor uses a combination of directly employed crew and approved subcontractors to fulfil its service commitments. The Contractor's directly employed crew wears branded uniform workwear and operates branded vehicles as standard practice. However, The Contractor may from time to time attend a service using unbranded vehicles or workwear, including but not limited to newly acquired fleet vehicles that have not yet been branded, replacement vehicles, or vehicles and workwear operated by approved subcontractors. Any marketing statement referring to "uniformed team" or similar reflects the standard presentation of The Contractor's directly employed crew and is not a guarantee applicable to every service or crew member.
2.19.2 Where an approved subcontractor is engaged, The Contractor will ensure that the Client is informed of the arrangement in advance, and the subcontractor will be identifiable by presentation of authorisation from The Contractor upon request. The absence of branded vehicles or workwear does not indicate that the crew is not authorised to perform the service.
2.19.3 The Client is entitled to request confirmation from The Contractor's office at any time that a crew presenting themselves at the Client's premises is authorised to perform the service.
2.20 CREW COMPOSITION AND CHANGES DURING SERVICE:
2.20.1 The composition of The Contractor's crew, including the identity of individual crew members, is at The Contractor's operational discretion. The Contractor reserves the right to change the composition of the crew at any time during a service, including between visits on a multi-day job, without notice to the Client and without liability, provided that the quality of the service is maintained.
2.20.2 The Client has no right to require that particular individuals be assigned to their service, nor to require that the same crew members return for subsequent days of a multi-day service.
2.21 ESTIMATED TIMES AND SCHEDULES:
2.21.1 Any arrival time, completion time, duration or other scheduling information provided by The Contractor is an estimate only, based on typical operational conditions. Such estimates are not fixed contractual commitments and do not form part of the Service Agreement unless expressly stated in writing to be fixed.
2.21.2 The Contractor accepts no liability for any consequence arising from failure to meet an estimated time, including but not limited to traffic delays, weather conditions, previous jobs overrunning, mechanical failure, road closures, or any circumstance outside The Contractor's reasonable control.
2.21.3 The Contractor will use reasonable endeavours to notify the Client of any material delay to estimated times as soon as reasonably practicable.
2.22 ENVIRONMENTAL, SUSTAINABILITY AND WASTE HANDLING:
2.22.1 The Contractor operates in compliance with the Environment Act 2021, the Waste (England and Wales) Regulations 2011, the Environmental Protection Act 1990 (Duty of Care under section 34), the Producer Responsibility Obligations (Packaging Waste) Regulations 2007, and all other relevant environmental legislation in force in the United Kingdom.
2.22.2 Where The Contractor removes, transports or disposes of Client's waste at the Client's request, whether as part of a disposal service or as unwanted items collected during a removal, The Contractor holds registration with the Environment Agency as an upper-tier waste carrier and complies with the Duty of Care requirements under section 34 of the Environmental Protection Act 1990. Waste is transferred only to authorised facilities. Waste Transfer Notes are issued as required and copies are retained for the statutory period.
2.22.3 Packaging materials used by The Contractor for the protection of the Client's Goods are, where practical and consistent with adequate protection of the Goods, of recycled or reusable origin. Cardboard boxes and packing materials collected from the Client after the move are re-used, recycled or disposed of in accordance with the Waste Regulations, at The Contractor's discretion.
2.22.4 The Contractor operates a policy of route optimisation, load consolidation and vehicle efficiency to reduce fuel consumption and emissions arising from its operations. The Contractor's vehicles meet the emission standards required for operation within Ultra Low Emission Zones, Low Emission Zones and Clean Air Zones in the United Kingdom cities where the vehicle is operated. Where a vehicle temporarily assigned to a booking does not meet the applicable zone standard, the zone charge is added to the invoice in accordance with clause 2.26.7.
2.22.5 The Client may, on written request, be provided with a summary of The Contractor's current environmental practices, the upper-tier waste carrier registration reference, and details of the licensed facilities to which the Client's waste has been transferred. A general environmental statement is also published from time to time on the website octagonremovals.co.uk.
2.22.6 Optional sustainable practices. Where the Client requests specifically sustainable practices in place of standard operating practice, such as exclusive use of reusable crates in place of cardboard boxes, arrangement of carbon-offset for the road journey, or delivery of packing materials of guaranteed recycled origin, such requests are considered on a case-by-case basis, may attract additional cost, and are confirmed within the Quotation or a subsequent Appendix.
2.22.7 Compliance with wider environmental regulation, including but not limited to air quality regulation, noise regulation, and hazardous substances regulation, is maintained as a matter of ordinary operation. The Client is not required to make any specific declaration of environmental compliance to enter into a Service Agreement with The Contractor, save for the declaration of hazardous or restricted items which is separately required under Section VII clause 2.
2.22.8 The Contractor accepts no liability for any environmental claim, fine, prosecution or clean-up cost arising from waste that was misrepresented by the Client as to its nature, content, composition or origin. The Client indemnifies The Contractor against any such claim.
2.23 FEEDBACK AND OPERATIONAL DISCRETION:
2.23.1 The Contractor welcomes constructive feedback from clients and will take such feedback into consideration in its ongoing operational improvement. However, the manner in which The Contractor delivers its services, including its choice of equipment, methods, staffing, vehicles, subcontractors, routes and scheduling, is a matter of operational discretion for The Contractor alone.
2.23.2 The Contractor is under no obligation to implement any suggestion, request or preference expressed by the Client regarding operational matters, provided that the agreed services are performed to the standard set out in these T&Cs.
2.24 PRE-EXISTING CONDITION OF GOODS AND COSMETIC WEAR:
2.24.1 The Contractor accepts no liability for any pre-existing damage, cosmetic wear, deterioration or defect to the Client's Goods that was present prior to the commencement of the service. Where possible, pre-existing conditions will be noted at Survey or on the Inventory List.
2.24.2 The Contractor accepts no liability for the worsening or extension of pre-existing cosmetic wear or damage, including but not limited to: existing scratches becoming more visible, existing chips extending, loose joints becoming looser, veneer lifting further from an already lifted edge, or any similar development that arises from the normal course of handling an item that was already in an imperfect condition prior to the service.
2.24.3 Where an item is in such a condition that any handling is likely to cause or worsen damage, The Contractor's crew may refuse to handle the item in accordance with clause 2.12 and Section III.
2.24.4 The Client is responsible for identifying any items of particular sentimental or exceptional value that may be affected by pre-existing conditions, and for arranging appropriate specialist handling or additional insurance for such items.
2.25 VULNERABLE CUSTOMER POLICY:
2.25.1 The Contractor recognises that some Clients may be in circumstances of vulnerability which affect their ability to engage with the removal process, make decisions about the service, or understand the terms of the Service Agreement. The Contractor is committed to providing accessible and supportive service to all Clients, in accordance with the Equality Act 2010, the Mental Capacity Act 2005, the Consumer Rights Act 2015 and, where applicable, the Care Act 2014.
2.25.2 Definition of vulnerability. For the purposes of this clause, a vulnerable Client is any Client who, by reason of age, physical or mental health condition, cognitive impairment, sensory impairment, learning disability, bereavement, sudden change in personal circumstances, financial hardship, isolation, language barrier, or any other factor, may require additional support to engage safely and effectively with the removal service. Vulnerability may be temporary, permanent, situational or cumulative. The definition is not exhaustive and reflects the guidance of the Chartered Trading Standards Institute on vulnerable consumers.
2.25.3 Identification and disclosure. The Client, a family member, carer, appointed representative, or any third party acting with the Client's authority may notify The Contractor of a vulnerability at any point before or during the service. Notification should be made in writing wherever possible, but oral notification given to The Contractor's office or crew shall be accepted and recorded. The Contractor's office staff and crew are briefed to be alert to indicators of vulnerability and to escalate concerns to the office for consideration and, where appropriate, adjustment of the service.
2.25.4 Reasonable adjustments. Where a vulnerability is disclosed or identified, The Contractor will make reasonable adjustments to the service and to communication with the Client, which may include, without limitation: extended time for review of the Quotation and Service Agreement; provision of written summaries in plain language; adjustment of the Move Date to accommodate medical, care or family arrangements; permission for a family member, carer or advocate to be present during Survey, sign-off and Delivery; alternative communication channels, including telephone contact where written channels are impractical; and additional post-move follow-up.
2.25.5 Capacity to contract. Where The Contractor has reasonable grounds to believe that the Client may lack mental capacity to enter into or vary the Service Agreement within the meaning of section 2 of the Mental Capacity Act 2005, The Contractor will decline to accept the booking or the requested variation until it is presented by a person holding appropriate legal authority to act on the Client's behalf, such as a registered Attorney under a Lasting Power of Attorney, a Court-appointed Deputy, or a person otherwise entitled to act. The Contractor is not qualified to assess capacity and will act on a precautionary basis in cases of doubt.
2.25.6 Discretionary extended cancellation for vulnerable Clients. In addition to the statutory right of withdrawal under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 set out in Section II clause 5.3, The Contractor may, at its discretion, offer cancellation without penalty to a vulnerable Client where the vulnerability was not known at the time of booking and has materially affected the Client's ability to proceed with the service. This discretion is not a contractual right and is exercised on a case-by-case basis.
2.25.7 Involvement of family, carers and representatives. With the Client's consent, The Contractor will accept instructions, provide updates, and share operational information with a family member, carer or appointed representative identified by the Client. Where such involvement is requested, the Client's consent will be recorded in writing, together with the scope of the representative's authority. This clause does not override the requirements of Section II clause 3.4 (Power of Attorney at handover) or Section XV (Data Protection).
2.25.8 Safeguarding concerns. Where The Contractor's crew or office staff form a reasonable belief that a Client is at risk of abuse, neglect, self-neglect or exploitation, The Contractor may, in accordance with the Care Act 2014 and applicable local safeguarding procedures, refer the concern to the relevant local authority adult safeguarding team, the police (where a crime is suspected), or another appropriate authority. The Contractor will exercise such referral responsibly, will document the grounds for the referral, and will treat any information disclosed with the confidentiality required under Section XV.
2.25.9 Financial vulnerability. Where a Client discloses financial hardship, The Contractor may, at its discretion, offer payment arrangements including phased payment of storage charges, deferral of non-essential surcharges, or referral to independent debt advice services such as Citizens Advice, StepChange, or National Debtline. This clause does not modify The Contractor's contractual right to payment in full, its lien over stored Goods under Section VIII, or its remedies for non-payment under Section IV.
2.25.10 Confidentiality and data. Information disclosed by a Client concerning vulnerability, or observed by The Contractor's crew, is treated as special category personal data where the information falls within Article 9 of the UK GDPR, and is retained and processed in accordance with Section XV. The Contractor does not require or record medical detail beyond what is necessary to provide the requested service safely.
2.25.11 Contact channel. Clients or their representatives may raise vulnerability, disclose changing circumstances, or request adjustments at any time by contacting The Contractor's office through any of the channels published on the website octagonremovals.co.uk. Requests will be acknowledged in writing within 3 working days and considered without undue delay.
2.26 VEHICLE STANDARDS AND ROADWORTHINESS:
2.26.1 All vehicles operated by The Contractor for the purpose of removal, storage transit, and related services are maintained to comply with the Road Traffic Act 1988, the Road Vehicles (Construction and Use) Regulations 1986, the Goods Vehicle (Licensing of Operators) Act 1995 where applicable to the vehicle's gross weight, and all other relevant road transport legislation in force in the United Kingdom. Vehicles carry current MOT certification where required by law, current vehicle excise duty, and current motor insurance appropriate for use as commercial goods vehicles.
2.26.2 The Contractor's fleet undergoes regular scheduled servicing by qualified technicians and daily pre-journey walk-around safety checks by the driver in accordance with Driver and Vehicle Standards Agency (DVSA) guidance. Vehicles found to have any defect affecting roadworthiness are removed from service until the defect is remedied and re-inspected.
2.26.3 All drivers hold a valid full United Kingdom driving licence for the class of vehicle they operate, and where operating vehicles above 3.5 tonnes maximum gross weight, hold the appropriate Driver Certificate of Professional Competence (Driver CPC), maintain compliance with the drivers' hours rules under Regulation (EC) No 561/2006 as retained in United Kingdom law, and use digital tachograph equipment where required.
2.26.4 The Contractor's vehicles are presentable and appropriate for removal work, of sufficient capacity to accommodate the agreed load, and equipped with straps, blankets, protective materials, ramps and manual handling aids necessary to secure and protect the Client's Goods in transit.
2.26.5 Where a vehicle assigned to a booking becomes unavailable due to breakdown, accident, defect, statutory inspection, DVSA prohibition, or any other operational reason, The Contractor will substitute an alternative vehicle of equivalent or greater capacity at no additional cost to the Client. Where the equivalent capacity is delivered through two or more vehicles rather than a single vehicle, additional loading or unloading time attributable to the change shall not be charged to the Client.
2.26.6 The Contractor's liability for delays caused by mechanical breakdown, road traffic accident involving The Contractor's vehicle, or DVSA-imposed vehicle prohibition is limited in accordance with the Force Majeure provisions set out in Section VII clause 8 and, where the delay results from The Contractor's proven negligent maintenance, in accordance with the liability limits set out in Section IX.
2.26.7 Congestion charges, low emission zone charges, ultra low emission zone charges, clean air zone charges and similar road user charges applicable to the route serving the Client's collection or delivery address are included within the Quotation only where expressly stated. Where such charges are not included in the Quotation, they are added to the final invoice at cost and the Client is provided with evidence of the underlying charge on request.
2.26.8 The Contractor's operator authorisation position, where required by the gross weight of the vehicle, and the identity of the transport manager of record, may be verified by the Client through the public register maintained by the Traffic Commissioner at gov.uk on request.
SECTION VII: HANDLING GOODS
1. OWNERSHIP OF THE GOODS:
1.1 The Client warrants that the Goods presented for removal, transport or storage are the Client's own property or that the Client has full authority from the legal owner to arrange the service in respect of the Goods.
1.1.1 The Client shall indemnify The Contractor against any claim brought by a third party asserting ownership or an interest in the Goods, including all costs, damages and expenses incurred by The Contractor in defending or settling such a claim.
1.1.2 Where The Contractor becomes aware of a bona fide third party claim to the Goods, The Contractor may suspend performance of the service and retain the Goods pending resolution of the ownership dispute, without liability to the Client. Any storage or handling charges arising during such suspension shall be payable by the Client.
2. GOODS EXCLUDED FROM REMOVAL OR STORAGE:
2. The following Goods are excluded from The Contractor's services and will not be transported or stored under any circumstances unless expressly agreed in writing prior to the Move Date:
2.1 Cash, coins, deeds, securities, negotiable instruments, stamps, coins of collectible value, credit and debit cards, and similar items of monetary value.
2.2 Jewellery, watches, precious stones, precious metals, works of art and collectibles of exceptional value, unless declared as High-Value Items in accordance with Section V, clause 2.2 and specifically accepted by The Contractor in writing.
2.3 Firearms, ammunition, explosives, gas cylinders (whether full or empty), fireworks, flammable liquids, corrosive substances, radioactive materials, biohazards and any other hazardous or dangerous materials as defined by the Health and Safety at Work etc. Act 1974 and related legislation.
2.4 Illegal goods, controlled substances, stolen property and any items the possession or transport of which is prohibited by law.
2.5 Perishable goods, refrigerated or frozen goods, live plants, live animals of any kind, and any goods requiring a controlled environment or specialist licence to transport or store.
2.6 Where The Contractor becomes aware, whether before, during or after commencement of the service, that any Goods presented fall within this exclusion list without being expressly included in the Service Agreement, The Contractor reserves the right to refuse to transport or store such Goods, to remove them from the vehicle at the collection address or nearest safe location, or, where the safety of the crew or other Goods is at risk, to take such immediate action as is necessary to ensure safety. The Contractor accepts no liability for any consequence to the excluded Goods or their contents.
2.7 The Client shall fully indemnify The Contractor against any loss, damage, claim, fine, prosecution or cost arising from the Client's presentation of excluded Goods to The Contractor in breach of this clause.
3. INVENTORY LIST, DELIVERY NOTE AND RELEVANT FORMALITIES:
3.1 The Contractor will prepare an Inventory List of Goods where a fixed price service is provided or where the Client requests one, and provide it to the Client together with the Quotation. The Inventory List is a component of the Quotation. The Client is not required to sign the Inventory List separately. By accepting the Quotation and confirming the booking in accordance with Section II, the Client is deemed to have accepted the Inventory List as the definitive record of the Goods to be handled by The Contractor.
3.1.1 Any dispute or amendment regarding the Inventory List must be raised by the Client in writing before the Booking Confirmation is issued or, at the latest, before loading commences on the Move Date. Objections or additions raised after loading has commenced will be treated as scope changes in accordance with Section IV, clause 12 and may attract additional charges.
3.2 Upon completion of the service, The Contractor will present a Delivery Note to the Client or the Client's authorised representative. Before signing, the Client or the Client's authorised representative is required to perform a visual inspection of the Goods and note any visible damage or missing item on the Delivery Note. Signature of the Delivery Note without any noted exception shall constitute conclusive evidence that the Goods were delivered in acceptable condition, and claims for visible damage or loss not noted at the time of signing cannot be pursued except in exceptional circumstances demonstrated by the Client.
3.2.3 Where the Client is not present at the point of delivery, the procedures set out in Section II, clause 3.1.2 and clause 3.1.3 apply, including the 72-hour deemed acceptance period.
3.3 PHOTOGRAPHIC RECORD:
3.3.1 The Contractor may take photographs of Goods at the point of collection, during transportation, upon delivery and, where applicable, upon placement into storage. Such photographs serve as an operational record of the condition of the Goods and are used only for the purposes of quality assurance, dispute resolution, claims investigation and legitimate business operations.
3.3.2 Photographs of Goods taken by The Contractor's crew are retained for a maximum period of 14 calendar days from the date of the service, after which they are permanently deleted from all devices on which they are stored. Where the service involves storage of Goods with The Contractor, photographs of the Goods taken at intake, during storage and at any interim inspection are retained for the full duration of the storage period and for a further 14 calendar days from the date the Goods are returned to the Client or otherwise released from storage, after which they are permanently deleted. Where an active claim, dispute, complaint or legal obligation exists at the time the applicable retention period expires, relevant photographs will be retained only for as long as reasonably necessary to resolve the matter and then deleted.
3.3.3 Once the applicable retention period has expired, The Contractor is under no obligation to produce, search for, or provide any photograph or record relating to the service, whether or not any residual copy may exist on any device, backup or storage medium. Any claim, complaint or dispute raised by the Client after the applicable retention period has expired cannot be founded on photographic evidence held by The Contractor, and the Client cannot require The Contractor to produce such evidence. The absence of photographic records after expiry of the retention period shall not be interpreted against The Contractor.
3.3.4 Photographs are taken on both company devices and personal devices used in the course of the service. The retention rules set out in clause 3.3.2 apply to all such devices without exception.
3.3.5 For full details on data protection and photographic retention, refer to Section XI (Data Protection).
4. DELAYS IN TRANSIT:
4.1 Any arrival time, transit duration or delivery time provided by The Contractor is an estimate only and is not a fixed contractual commitment, as set out in Section VI, clause 2.21.
4.2 The Contractor will use reasonable endeavours to complete the service in a timely manner. Where a material delay becomes apparent, The Contractor will notify the Client as soon as reasonably practicable.
4.3 The Contractor accepts no liability for delay caused by circumstances beyond its reasonable control, including but not limited to: traffic congestion, road closures, mechanical breakdown, adverse weather, industrial action, government restrictions, or delays caused by the Client or any third party.
4.4 Where a delay is caused by the Client, including but not limited to late access to the collection or delivery address, keys not being available, buildings not being ready, or any other circumstance within the Client's control, waiting time charges apply at £25.00 + VAT per person per hour, together with any additional costs incurred by The Contractor as a result.
4.5 Where a delay results in the service not being completed on the Move Date, The Contractor will use reasonable endeavours to complete the service on the following day or as soon as reasonably practicable. Where continuation to the following day is required due to circumstances within the Client's control, additional charges apply for the additional day at The Contractor's standard rates.
4.6 Where a delay results in Goods being held overnight in The Contractor's vehicles or premises, The Contractor's insurance continues to apply subject to the terms of Section IX. The Client must not require Goods to be left unattended in a vehicle overnight in an unsecured location. Where secure overnight parking is required, the associated cost is passed to the Client.
4.7 Where a delay makes it impossible or unsafe to complete the service to the intended destination address, the emergency storage provisions in Section IV, clause 11.3 apply.
5. DELIVERY:
5.1 The Contractor will deliver the Goods to the delivery address stated in the Booking Confirmation. Any change to the delivery address requested by the Client after the Move Date has commenced must be agreed in writing and may attract additional charges.
5.2 The Contractor's crew will place Goods in the rooms designated by the Client or the Client's authorised representative present at delivery, provided such placement is practicable and safe.
5.3 Any request for repositioning of Goods within the delivery premises after the crew has placed them is subject to the additional charge set out in Section V, clause 2.5.1.
5.4 The Contractor's crew will not unpack Goods unless unpacking has been specifically included in the agreed scope of service and confirmed in the Booking Confirmation.
5.5 Where Goods have been packed by The Contractor and unpacking is included in the scope of service, unpacking will consist of removing Goods from their packing materials and placing them in the room designated. Unpacking does not include arrangement, positioning or setting up of Goods within the premises unless specifically agreed.
5.6 Empty packing materials will be removed by The Contractor at the end of the service where practicable, provided that all packing has been completed and unpacking has been performed by The Contractor. Otherwise the packing materials remain the Client's responsibility.
5.7 Where the Client fails to accept delivery of the Goods on the agreed date, or refuses to accept the Goods without lawful reason, the emergency storage provisions in Section IV, clause 11.3 apply.
6. HEAVY, FRAGILE AND MONOLITHIC ITEMS:
6.1 Certain items are inherently prone to cracking, fracturing, disintegrating or otherwise failing structurally under normal lifting or handling, particularly where the item has pre-existing internal stress, age-related deterioration, prior repair, or was not originally designed to be moved as a single unit. Such items include but are not limited to: items made wholly or partly of stone, marble, slate, concrete, clay, ceramic, plaster, cast iron or similar rigid materials, including fireplaces, fire surrounds, hearths, statues, water features, garden ornaments, granite worktops and stone tables.
6.2 The Client must declare the presence of any such items to The Contractor in writing before the Move Date and confirm whether professional or specialist handling has previously been required for that item. The Contractor may decline to move any such item, or may require the Client to arrange specialist handling at the Client's cost, where The Contractor reasonably believes normal handling presents a disproportionate risk of damage.
6.3 Where The Contractor agrees to move an item falling within clause 6.1, The Contractor accepts no liability for any cracking, fracture, collapse or disintegration of the item occurring during normal lifting, carrying or handling carried out with reasonable care. Liability is only engaged where the damage is shown to have been caused by clear mishandling, impact or a drop attributable to The Contractor's crew.
6.4 This clause operates in addition to and is not limited by the general exclusions of liability set out in Section IX.
7. MULTI-DAY AND MULTI-VISIT JOBS:
7.1 Where a service is carried out over more than one day or involves more than one visit to the same premises, the provisions of Section V, clause 2.24 apply in respect of the Client's responsibility for the condition of the premises between visits.
7.2 The Contractor's crew is not obliged to remain at the premises overnight or between visits. Goods loaded during earlier visits may be retained in The Contractor's vehicles or transferred to The Contractor's premises for safekeeping between visits, at The Contractor's discretion.
8. FORCE MAJEURE:
8. The Contractor shall not be in breach of the Service Agreement, nor liable to the Client, for any delay in performance or failure to perform any of its obligations under the Service Agreement where such delay or failure results from an event of Force Majeure as defined in Section I, clause 2.9.
8.1 The Contractor's obligations under this Agreement shall be suspended for the duration of any Force Majeure event.
8.1.1 Where a Force Majeure event affects the Move Date, The Contractor will notify the Client as soon as reasonably practicable and will use reasonable endeavours to reschedule the service to the earliest available date convenient to both Parties.
8.1.2 Where a Force Majeure event continues for more than 14 calendar days, either Party may terminate the Service Agreement by giving written notice. Where termination occurs under this clause, the Client shall pay for any services already performed and any irrecoverable costs incurred by The Contractor.
8.1.3 The Contractor is not responsible for the safety or condition of Goods left at any location during a Force Majeure event that prevents access or performance.
8.1.4 The Client shall not withhold payment for any part of the service performed prior to a Force Majeure event.
8.1.5 Where a Force Majeure event affects the Client's ability to accept delivery, the emergency storage provisions in Section IV, clause 11.3 apply.
9. OUR RIGHTS TO WITHHOLD OR DISPOSE OF GOODS (LIEN):
9.1 The Contractor has a general lien over Goods in its custody until all outstanding charges under this or any other Agreement between the Parties are paid in full in cleared funds, including any charges The Contractor has paid on the Client's behalf. In accordance with Section I, clause 2.8, the right of lien applies only to Goods held in storage, whether such storage arises voluntarily under a storage agreement or as a consequence of non-payment or failed delivery under Section IV, clause 11.
9.1.1 While Goods are held under lien, the Client remains liable for all ongoing storage charges and any other costs. The Contractor's storage rates prevailing at the time apply.
9.1.2 Where charges remain unpaid for a continuous period of 30 calendar days from the date the Goods entered storage or the date the charges first fell due (whichever is later), The Contractor may exercise its rights of sale or disposal under Section IV, clause 19 and under the Torts (Interference with Goods) Act 1977.
9.1.3 The Contractor's rights under this clause are without prejudice to any other remedy The Contractor may have under this Agreement or at law.
10. TITLE AND RISK IN GOODS:
10.1 Title to the Goods remains with the Client at all times. The Contractor takes possession of the Goods for the sole purpose of performing the agreed service and does not acquire any ownership interest.
10.2 Risk in the Goods passes to The Contractor at the moment the Goods are loaded onto The Contractor's vehicle and passes back to the Client at the moment the Goods are unloaded at the delivery address, or at the moment of deemed acceptance under Section II clause 3.1.2 or 3.1.3, whichever is earlier.
10.3 The Contractor is not a bailee for reward beyond the scope of the specific services agreed. No general bailment relationship arises from the mere fact of possession.
11. SHARED PREMISES AND SEPARATION OF THIRD PARTY GOODS:
11.1 Where the Client shares premises with third parties, including but not limited to tenants, subtenants, family members, flatmates, business partners or any other person having lawful presence at the collection address, the Client bears sole responsibility for identifying, separating and clearly marking the Goods to be moved, and for identifying rooms or areas which are and are not accessible to The Contractor's crew.
11.2 Prior to the arrival of The Contractor's crew on the Move Date, the Client must:
11.2.1 inform The Contractor in writing of which rooms, floors or areas of the premises are within scope of the service and which are not to be accessed by The Contractor's crew;
11.2.2 physically separate the Client's Goods from any Goods belonging to third parties, so far as reasonably practicable;
11.2.3 where separation is not possible or where Goods of different owners are located in the same room, clearly mark the Client's Goods by way of initials, numbering, labels, stickers, coloured tags or any other visible identification system that unambiguously indicates ownership;
11.2.4 provide The Contractor with clear written instructions, sent by email prior to the arrival of the crew on the Move Date, identifying which Goods are within scope of the service, which rooms are accessible, and any special handling requirements. Verbal instructions given to the crew on site are not sufficient on their own and must be preceded by or immediately followed by written confirmation by email or WhatsApp. Where verbal instructions are given without written confirmation, The Contractor's crew may pause work until written confirmation is received.
11.3 The Contractor's crew is not responsible for adjudicating disputes as to ownership of Goods at the premises and will rely solely on the identification and marking provided by the Client. Where Goods are not clearly marked or separated in accordance with clause 11.2, The Contractor's crew may, at its discretion:
11.3.1 refuse to move any items whose ownership is unclear;
11.3.2 require the Client to confirm ownership in writing before proceeding, including by WhatsApp message or email; or
11.3.3 proceed only on the express written instruction of the Client sent by email or WhatsApp message specifically identifying the items to be moved, in which case the Client assumes full responsibility for any third party claim arising from the removal of those items. Verbal instructions given to the crew on site are not sufficient and will not be relied upon by The Contractor as authorisation to move disputed items.
11.4 The Contractor accepts no liability for the removal of, damage to, handling of, or failure to move any Goods where the Client has failed to comply with the separation and identification obligations set out in this clause. This includes but is not limited to:
11.4.1 removal of Goods belonging to a third party in the reasonable belief that they belonged to the Client;
11.4.2 failure to move Goods belonging to the Client that were not identified as such;
11.4.3 access to or handling of items in an area that was not clearly designated as within scope;
11.4.4 any dispute between the Client and any third party arising from the service.
11.5 The Client fully indemnifies The Contractor against any claim, cost, damage or expense brought by any third party in connection with Goods that were moved, damaged or accessed as a consequence of the Client's failure to comply with this clause. This indemnity extends to legal fees, court costs and any settlement paid by The Contractor in respect of such a claim.
11.6 Where The Contractor's crew arrives at the premises and finds that the Client has not separated or marked Goods in accordance with this clause, and the Client is not present or contactable to provide immediate instructions, The Contractor may treat this as a failed visit under Section IV, clause 16 and charge accordingly.
12. CONSOLIDATED LOADS AND GROUPAGE:
12.1 Where the Client's Goods are transported as part of a consolidated load with Goods belonging to other clients (groupage), The Contractor will identify and separate the Client's Goods by inventory tag, colour code or other appropriate method.
12.2 The Contractor's liability for misplacement, cross-loading or misdelivery of Goods within a consolidated load is limited in accordance with Section IX.
12.3 The transit time for consolidated loads may differ from the transit time for a dedicated vehicle and will be advised at the time of Quotation.
13. GOODS LEFT BEHIND OR ABANDONED AT COLLECTION:
13.1 The Contractor's crew loads only those Goods pointed out to them by the Client or the Client's authorised representative. It is the Client's responsibility to conduct a final inspection of the collection premises before The Contractor's crew departs.
13.2 Where Goods are subsequently discovered to have been left behind at the collection address after The Contractor's crew has departed, The Contractor's obligation to return for such Goods is limited to arranging a return visit at the Client's cost. The Contractor accepts no liability for the loss of any Goods left behind by the Client at the collection address.
13.3 Where the Client's authorised representative or a member of the Client's household discards, disposes of or destroys any Goods after they have been loaded onto The Contractor's vehicle, the Client's claim in respect of such Goods is against that person and not against The Contractor.
14. INSPECTION OF GOODS DURING TRANSIT:
14.1 The Contractor reserves the right to inspect any Goods in its custody at any time where such inspection is required by law, requested by law enforcement or regulatory authority, or reasonably necessary to protect the safety of persons, other Goods or property.
14.2 The Contractor will conduct any such inspection with reasonable care and will document its findings.
14.3 The Client acknowledges that customs authorities, border agencies and other regulatory bodies may inspect Goods without notice, and The Contractor is not liable for any consequence of such official inspection.
SECTION VIII: STORAGE OF GOODS
1. STORAGE FACILITIES:
1.1 The Contractor reserves the right to select the most appropriate Storage Facility for the Client's Goods. Goods may be held at more than one location.
1.2 The manner in which Goods are stored, whether conventional palletised storage or containerised storage, is at The Contractor's operational discretion unless otherwise confirmed in writing. The Contractor does not charge additional fees for storing Goods at a facility that is further from the Client's premises than an alternative option.
2. INVENTORY AND PHOTOGRAPHIC RECORD:
2.1 The Contractor will prepare an inventory of Goods received into storage and provide it to the Client. In accordance with Section VII, clause 3.1, the Client is not required to sign the inventory separately; acceptance of the storage service and the Booking Confirmation constitutes acceptance of the inventory as the definitive record of Goods received.
2.2 If the Client does not object to the inventory in writing within 7 calendar days of receiving it, the inventory is accepted as conclusive evidence of the Goods received into storage.
2.3 The Contractor will photograph Goods at the point of intake into storage. Those photographs constitute the condition record for the purposes of any subsequent claim. Any claim for damage must be assessed against the intake photographs. Items that are not visible or identifiable in the intake photographs cannot form the basis of a damage claim. Items not appearing in the intake photographs may only form the basis of a loss claim if they are listed on the accepted inventory.
2.4 The retention periods for storage photographs and the protections after expiry of retention are set out in Section VII, clause 3.3.
3. PACKAGING AND CLIENT RESPONSIBILITIES:
3.1 The Client warrants that:
3.1.1 the Goods are the Client's own property or the Client has the owner's authority to store them;
3.1.2 the Goods do not include any excluded items listed in clause 5;
3.1.3 all Goods have been adequately packed, secured and prepared before handover for storage.
3.2 All items presented for storage must be appropriately packed and protected before The Contractor's crew arrives for collection. The responsibility for packing and securing Goods rests entirely with the Client unless the Client has separately booked and confirmed The Contractor's packing or furniture securing service in writing. This includes but is not limited to:
3.2.1 framed artwork, mirrors and glass items must be wrapped in protective materials and placed in a suitable box or purpose-made case. Loose frames, loose tubes and unboxed glass items will not be accepted;
3.2.2 artwork stored in tubes must have both ends securely capped and the tube clearly labelled;
3.2.3 fragile items must be individually wrapped and packed in sturdy boxes with appropriate void fill;
3.2.4 furniture must be fully wrapped and secured in protective blankets, bubble wrap or furniture covers before The Contractor's crew arrives. The Contractor does not provide on-site wrapping or securing unless this has been expressly booked as an additional service;
3.2.5 loose items, unboxed items and unsecured furniture will not be accepted unless The Contractor has agreed in writing to provide securing as part of the service.
3.3 If Goods are not properly packed and secured when The Contractor's crew arrives for collection, The Contractor may:
3.3.1 refuse to collect those items and note the refusal on the collection record;
3.3.2 collect those items and note their inadequately protected condition on the inventory, in which case The Contractor accepts no liability whatsoever for any loss or damage to those items arising from their condition.
3.4 If Goods are handed over loose, unpackaged or inadequately protected without The Contractor's written agreement to provide packing or securing services, The Contractor accepts no responsibility for any loss, damage, deterioration or disappearance of or to those Goods during storage or transit.
4. HIGH-VALUE ITEMS DECLARATION:
4.1 Any item with an estimated value exceeding £500.00 must be declared to The Contractor in writing at the point of intake into storage, in accordance with Section I, clause 3.8. The declaration must include a written description of the item and the Client's estimated value, confirmed by The Contractor in writing before the Goods are accepted into storage.
4.2 Undeclared High-Value Items are stored entirely at the Client's own risk. Where no proof of value is provided by the Client for any item, The Contractor's liability for that item is capped at £50.00 regardless of its actual or claimed value. This £50.00 cap represents the maximum amount payable by The Contractor in the absence of documented evidence of purchase price or current market value.
5. EXCLUDED GOODS:
5.1 The following Goods may not be stored unless expressly included in the Service Agreement:
5.1.1 cash, deeds, securities, jewellery, precious metals or stones;
5.1.2 firearms, ammunition, explosives, gas cylinders or hazardous materials;
5.1.3 illegal goods or controlled substances;
5.1.4 perishable, refrigerated or frozen goods;
5.1.5 living creatures or plants;
5.1.6 goods requiring a controlled environment;
5.1.7 goods requiring specialist licences.
5.2 If excluded Goods are found in storage without The Contractor's consent, The Contractor may remove and make them available for the Client's collection within 72 hours. If not collected, The Contractor may seek a court order for disposal without further notice. The Client will be liable for all costs incurred.
6. STORAGE CHARGES AND PAYMENT:
6.1 All storage charges are payable one month in advance.
6.2 Payment must be received within 7 calendar days of the invoice date.
6.3 The minimum storage period is 7 days, being one full calendar week, always charged as a full week regardless of actual use.
6.4 All storage charges and any removal charges must be paid in full in cleared funds before Goods are released from storage.
6.5 Late payment terms as set out in Section IV, clause 5 apply.
6.6 The Contractor reviews storage charges periodically and will give the Client 28 days' written notice of any changes, effective from the start of the next monthly billing period.
6.7 If the Client removes Goods from storage before the end of a paid period, no refund is due for unused time or space.
7. ACCESS AND INSPECTION:
7.1 The Client may inspect their Goods in storage on giving The Contractor at least one week's written notice.
7.2 A storage access charge of £60.00 + VAT per person per hour applies, with a minimum charge of 3 hours per visit. This charge covers The Contractor's crew time required to facilitate access, locate and present the Goods, and supervise the visit or third party collection. This access charge is separate from and in addition to any outstanding storage or removal charges.
7.3 If the Client wishes someone else to collect their Goods, the Client must notify The Contractor at least 7 calendar days in advance and provide a written letter of authority naming that person. The Contractor may refuse to release Goods to an unauthorised third party. The Contractor's responsibility for Goods ceases upon handing them over to the Client or the Client's authorised representative.
8. TERMINATION OF STORAGE:
8.1 If the Client wishes to end the storage contract, the Client must give The Contractor at least 14 calendar days' written notice by email to info@octagonremovals.co.uk or by post to The Contractor's registered address.
8.2 If The Contractor can release Goods earlier, it will do so provided the Client's account is fully paid up to date.
8.3 Storage charges are payable to the date on which the notice period expires, not the date of actual collection.
8.4 On 28 days' written notice, The Contractor may also require the Client to remove the Goods and pay all amounts due. If the Client fails to do so, The Contractor may exercise its disposal rights under clause 9.
9. NON-PAYMENT, LIEN, SALE OR DISPOSAL:
9.1 The Contractor has a lien over all Goods in its custody in accordance with Section I, clause 2.8 and Section VII, clause 9.
9.2 If the Client fails to pay storage charges when due, The Contractor will attempt to contact the Client to resolve the matter.
9.3 If The Contractor is unable to contact the Client for a continuous period of 1 calendar month, or if storage charges remain unpaid for 1 calendar month after becoming due despite The Contractor's attempts to contact the Client, The Contractor may:
9.3.1 charge any reasonable costs incurred in attempting to trace the Client;
9.3.2 initiate debt recovery proceedings in accordance with Section IV;
9.3.3 exercise its rights under the Torts (Interference with Goods) Act 1977, section 12 and Part II of Schedule 1, to sell or dispose of some or all of the Goods after giving such notice as is required by law.
9.4 The Contractor will give the Client 28 days' written notice before exercising any right of sale or disposal.
9.5 The proceeds of any sale or disposal are applied by The Contractor towards recovery of the outstanding debt owed by the Client, including but not limited to unpaid storage charges, unpaid removal charges, tracing costs, administration costs, costs of sale or disposal, and any other sums owed under this Agreement. The Contractor is not obliged to account to the Client for any proceeds of sale beyond confirming that the sale has taken place. Where proceeds are insufficient to cover all outstanding sums, the Client remains liable for the shortfall together with any further recovery costs. Disposal charges as set out in Section IV, clause 19.3 apply where Goods are disposed of rather than sold.
10. STORAGE CLAIMS AND CATEGORY CAPS:
10.1 Claims for loss or damage to stored Goods must be reported in writing to complaints@octagonremovals.co.uk within 7 calendar days of the Goods being collected from storage. No claim will be considered more than 7 calendar days after the date of collection, regardless of when the loss or damage is alleged to have been discovered. This is an absolute time bar.
10.2 Delivery Note on release from storage. On collection or delivery of Goods from storage, The Contractor will present the Delivery Note to the Client or the Client's authorised representative for signature, in accordance with Section VII, clause 3.2. The Client's signature on the Delivery Note constitutes acknowledgement that all listed items were received and that no visible damage was present at the time of handover, unless specific written objections are noted on the Delivery Note at that time. If the Client declines to sign, The Contractor will record the refusal, and the deemed acceptance procedures set out in Section II, clause 3.1.2 apply.
10.3 Proof of value is required for all claims. Before The Contractor considers any settlement, the Client must provide at least one of the following for each item claimed:
10.3.1 original purchase receipt or invoice;
10.3.2 bank or credit card statement showing the purchase;
10.3.3 manufacturer or retailer valuation confirming current market value;
10.3.4 independent written valuation from a qualified appraiser.
10.4 Where no proof of value is provided, The Contractor reserves the right to assess the current market value of the item itself. The maximum liability per item without supporting evidence is subject to the category caps in clause 10.5. The Contractor is not obliged to accept the Client's estimate of value without supporting documentation.
10.5 Category liability caps (no receipt). Where no proof of value is provided, the following maximum amounts apply per item regardless of claimed value:
10.5.1 The "other individual items" cap of £15.00 applies per single physical item and not per box, package or container. Where multiple items are packed together in a single box, package or container, each item is assessed individually against the £15.00 cap. The Client bears the burden of proving both the existence and the value of each item claimed. Boxes packed by the Client without an itemised list of contents, or without receipts for the contents, are subject to the £15.00 per item cap regardless of the Client's estimated total value of the box.
10.6 The Contractor will not consider claims where the item has been disposed of, repaired or replaced by the Client before The Contractor has had a reasonable opportunity to inspect it.
10.7 Settlement of any claim is limited to the current market value of the item at the time of loss or damage, not the original purchase price, replacement cost or sentimental value.
10.8 Fraudulent or exaggerated claims. If a claim is found to be fraudulent, deliberately exaggerated or materially misrepresented in any way, the entire claim will be forfeited without settlement. The Contractor reserves the right to recover its reasonable costs of investigating any fraudulent or exaggerated claim and to report the matter to relevant authorities.
11. LIABILITY LIMITS FOR STORED GOODS:
11.1 The Contractor's liability for Goods in storage is limited to the amounts set out in Section IX, subject to the category caps in clause 10.5 and the High-Value Item declaration in clause 4. The Contractor accepts no responsibility for any shortfall between its liability cap and the value the Client places on their Goods.
12. STORAGE FACILITY CONDITIONS AND EXCLUSIONS:
12.1 The Contractor's Storage Facility is a general-purpose commercial storage environment. Temperature, humidity and other environmental conditions are not controlled unless the Client has specifically booked and paid for climate-controlled storage.
12.2 The Contractor accepts no liability for damage or deterioration arising from environmental conditions inherent to standard commercial storage, including but not limited to: humidity fluctuations, temperature variation, dust, natural deterioration over time, oxidation, or the natural ageing of materials.
12.3 Goods requiring specific environmental conditions must be identified by the Client in writing at the point of intake and must be accepted by The Contractor in writing before storage commences. Where The Contractor is not equipped to provide the required conditions, The Contractor will decline to accept the Goods into storage.
13. DEEMED ABANDONMENT:
13.1 Where the Client fails to pay any storage charges when due and, in addition, fails to respond to The Contractor's reasonable attempts to contact the Client at the last known email address, postal address and telephone number for a continuous period of 3 weeks from the date the payment first fell overdue, the Client shall be deemed to have abandoned the Goods for the purposes of this Agreement. Both non-payment and lack of contact must be present concurrently for deemed abandonment to arise.
13.2 For the avoidance of doubt, a Client who continues to pay storage charges on time is not deemed to have abandoned the Goods regardless of the level of communication with The Contractor. Similarly, a Client who communicates regularly with The Contractor but has fallen behind on payment is not deemed to have abandoned the Goods under this clause, and remains subject to the non-payment procedures in clause 9.
13.3 Deemed abandonment does not extinguish the Client's outstanding financial liabilities to The Contractor. The Client remains liable for all storage charges, disposal charges and recovery costs up to and including the date of eventual sale or disposal of the Goods.
13.4 Upon deemed abandonment, The Contractor may exercise its rights of sale or disposal under clause 9 without further notice beyond that already required by law.
14. CHANGE OF ADDRESS AND CONTACT DETAILS:
14.1 The Client must keep The Contractor informed of any change to their correspondence address, email address, telephone number and next of kin details throughout the duration of the storage contract.
14.2 All written notices sent by The Contractor to the Client's last known correspondence address, email address or telephone number shall be deemed to have been received by the Client 7 days after dispatch, regardless of whether the Client has changed contact details without informing The Contractor.
14.3 The Contractor accepts no liability for any consequence arising from the Client's failure to keep contact details current.
15. ASSIGNMENT AND SUB-LETTING OF STORAGE:
15.1 The Client may not assign, transfer, sub-let or otherwise part with any interest in the storage contract or the Goods held in storage without The Contractor's prior written consent.
15.2 Where the Client wishes to transfer the storage contract to a third party, the provisions of Section V, clause 2.15 apply, and The Contractor's consent may be granted or refused at The Contractor's sole discretion.
15.3 The Client shall not use the Storage Facility as a business address, mailing address, or place of business without The Contractor's prior written consent.
16. STORAGE INVENTORY FORM AND SIGN-OFF:
16.1 On intake into storage, The Contractor will present an inventory record identifying the Goods received, their packaging status and any pre-existing condition observations. Where the Client is present at intake, the Client will be asked to review the inventory record.
16.2 On collection from storage, The Contractor will present the Delivery Note for signature by the Client or the Client's authorised representative, in accordance with clause 10.2 and Section VII, clause 3.2.
16.3 Where the Client is not present at either intake or collection, the deemed acceptance procedures set out in Section II, clause 3.1.2 and clause 3.1.3 apply, including the 72-hour deemed acceptance period based on photographic documentation.
SECTION IX: INSURANCE, WARRANTY AND LIABILITY
1. INSURANCE COVER:
1.1 The Contractor maintains Goods in Transit insurance and Public Liability insurance appropriate to its operations. The scope and limits of The Contractor's liability under these T&Cs, and the terms on which claims may be made, are as set out in this Section. No verbal statement, representation, promise or assurance made by any employee, subcontractor, agent or representative of The Contractor at any stage (whether before, during or after the service) shall have the effect of increasing The Contractor's liability beyond the express written terms of these T&Cs. This clause does not restrict the Client's right to make a valid claim within the terms of The Contractor's insurance policies where the circumstances of the claim fall within the scope of those policies.
1.2 The Contractor's insurance does not cover: Goods packed by the Client, undeclared High-Value Items, items where the Client has assisted with handling, items in categories excluded under Section VII clause 2, and any circumstance falling within the exclusions set out in clause 10 of this Section.
1.3 The Client is responsible for arranging any additional insurance the Client considers appropriate for their Goods, in accordance with Section V, clause 2.3. The absence of the Client's own insurance does not increase The Contractor's liability.
2. CONTRACTOR'S LIABILITY FOR LOSS OR DAMAGE:
2.1 Subject to the exclusions, limits and procedures set out in this Section, The Contractor accepts liability for loss of or damage to the Client's Goods only where such loss or damage is directly caused by The Contractor's negligence or breach of the Service Agreement.
2.2 Where liability is accepted:
2.2.1 The Contractor's total liability per vehicle for any single incident is capped at £50,000.00, unless a higher amount has been agreed in writing with the Client prior to the service and evidenced by declaration of value at Survey or booking stage.
2.2.2 The Contractor's liability for any individual item is limited to the lower of: the cost of repair, the current market value of the item at the time of loss or damage, or the replacement cost of an equivalent item. Sentimental value and original purchase price are not the measure of liability.
2.2.3 The Contractor does not offer new-for-old replacement. Depreciation for age, use and normal wear and tear is applied to all settlements.
2.2.4 Where an item forms part of a set, pair or suite (for example dining chairs, a matched set of ornaments, a bedroom suite), The Contractor's liability is limited to the value of the individual damaged or lost piece and does not extend to any reduction in value of the remaining undamaged items of the set.
3. CONTRACTOR'S LIMITED LIABILITY:
3.1 Unless otherwise agreed in writing before the service commences, The Contractor accepts no liability whatsoever for the following categories of Goods or circumstances:
3.1.1 High-Value Items not declared in writing prior to the service, in accordance with Section V clause 2.2 and Section VIII clause 4.
3.1.2 Goods with pre-existing defect, weakness or deterioration whether obvious or latent, including but not limited to items with woodworm, rot, prior water damage, prior mechanical damage or structural weakness.
3.1.3 Contents of wardrobes, drawers, appliances, boxes, packages, cartons, cases or other containers not both packed and unpacked by The Contractor.
3.1.4 Animals, pets, birds, fish and any equipment supporting their life including containers, cages and tanks.
3.1.5 Living plants, cut flowers and perishable Goods.
3.1.6 Electrical or mechanical derangement to any appliance, instrument, computer, television or other device unless there is clear evidence of external physical impact caused by The Contractor's crew.
3.1.7 Loss or damage to Goods that are inadequately protected by the Client's own packing, including overloaded boxes, single-wall boxes, underfilled boxes and any container The Contractor's crew reasonably considers unsuitable.
3.1.8 Heavy, brittle and monolithic items as defined in Section VII clause 6, save where damage is clearly attributable to a drop, impact or evident mishandling by The Contractor's crew.
3.1.9 Items handled by or with the assistance of the Client or any person connected with the Client, in accordance with Section V clause 2.26.
3.1.10 Cosmetic wear worsening as defined in Section VI clause 2.24, including deepening of existing scratches, extension of existing chips, further loosening of loose joints, and further lifting of previously lifted veneer.
3.2 The Contractor accepts no liability for:
3.2.1 New-for-old replacement value.
3.2.2 Any loss or damage not caused by The Contractor's crew.
3.2.3 Consequential loss, loss of profit, loss of opportunity, loss of use, disruption to business or lifestyle, or any indirect financial loss.
3.2.4 Goods confiscated, seized, removed or damaged by Customs Authorities, Border Force, HMRC or any other Government Agency.
3.2.5 Damage caused by adverse weather conditions in accordance with Section V clause 2.29.
3.3 The Contractor accepts no liability for loss or damage caused by:
3.3.1 Normal wear and tear, natural or gradual deterioration, leakage or evaporation from perishable or unstable Goods, including Goods left within furniture or appliances.
3.3.2 Fire, moth, vermin, Acts of God, war, terrorism, invasion, hostilities, civil war, rebellion, military coup, adverse weather, third party industrial action, traffic conditions, rescheduled transit routes or sailings, altered departure or arrival times, port or road congestion, or any circumstance falling within the definition of Force Majeure at Section I clause 2.9.
3.3.3 Atmospheric or climatic conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion or gradual deterioration, save where directly caused by identified ingress of water attributable to The Contractor's negligence.
3.3.4 Presence of other workmen, contractors or third parties at the collection or delivery address, unless it is proven beyond reasonable doubt that The Contractor's crew caused the damage.
3.4 If the Client instructs The Contractor to move, transport or dismantle self-assembly, flat-pack or interconnecting furniture, The Contractor accepts no liability for damage to it or for its quality when reassembled by any party.
3.5 If Goods sustain damage by reason of defective or inadequate packing or unpacking, and the packing or unpacking was not carried out by The Contractor, The Contractor accepts no liability.
3.6 The Contractor accepts no liability for any claim where the Client disposes of, repairs or replaces the item before The Contractor has had a reasonable opportunity to inspect it.
3.7 The Contractor accepts no liability for consequential or indirect loss arising from the Client's failure to insure Goods for their full value.
3.8 Nothing in this Section excludes or limits The Contractor's liability to the Client for:
3.8.1 Death or personal injury caused by The Contractor's negligence.
3.8.2 Fraud or fraudulent misrepresentation.
3.8.3 Any liability that cannot lawfully be excluded or limited under English law.
3.9 The Contractor accepts no liability for loss or damage where there is no breach of this Agreement by The Contractor or its employees, subcontractors or agents, or where the loss or damage is not a reasonably foreseeable result of any such breach.
3.10 The Contractor accepts no liability for loss, damage or delay resulting from any cause beyond The Contractor's reasonable control.
4. THIRD PARTY CLAIMS AND INVOLVEMENT:
4.1 The Contractor does not offer insurance cover for Goods collected from or delivered to a third party premises or storage facility where The Contractor was not directly entrusted with professional packing of those Goods prior to their handling by any third party carrier. This exclusion applies to any Goods delivered to The Contractor's premises by a third party. The Client is advised to arrange separate insurance for such Goods.
4.2 The Client will be responsible for paying any expense, charge, penalty or claim brought against The Contractor by a third party in respect of the Goods, unless the expense or claim arises from The Contractor's proven negligence or breach of Agreement.
5. CLIENT'S WARRANTIES:
5.1 The Client warrants that all information provided to The Contractor and relied upon by The Contractor in preparing a Quotation or planning the service is accurate, genuine and true. The Contractor accepts no liability for any cost, charge or loss arising from inaccurate or incomplete information.
5.2 The Client warrants that they are the owner of the Goods or the authorised agent of the owner.
5.3 For Goods packed by the Client, the Client warrants compliance with all laws and regulations relating to the packaging, labelling and carriage of the Goods, and that the Goods are packed in a manner adequate, having regard to their nature, to withstand the ordinary risks of removal, carriage and storage.
5.4 The Client's obligations in respect of High-Value Item declaration are set out in Section V, clause 2.2 and Section VIII, clause 4. The Contractor may, in respect of any declared High-Value Item, refuse to carry it, require it to be packed at the Client's cost in bespoke containers, or require the Client to arrange specialist insurance.
5.5 The Client will, prior to commencement of the service, notify The Contractor in writing of any Goods that may be liable for or subject to quarantine restrictions.
5.6 The Client will use best endeavours to ensure that all Goods to be removed are handed to The Contractor and none is taken in error or by omission.
5.7 Any transfer of the Service Agreement to a third party is governed by Section V, clause 2.15. Termination of the Service Agreement is governed by Section II, clause 3, which requires both completion of the service and receipt of full payment for the automatic termination of the Agreement to take effect.
6. TIME LIMITS FOR CLAIMS:
6.1 For Goods delivered by The Contractor to any address nominated by the Client, including but not limited to the Client's residence, business premises, storage facility or any third party storage facility, the Client must provide The Contractor with detailed written notice of any loss or damage immediately upon discovery and in any event within 7 calendar days of delivery. No claim will be considered more than 7 calendar days after the date of delivery. This is an absolute time bar.
6.1.1 Where The Contractor delivers Goods to a storage facility belonging to or arranged by the Client (as opposed to The Contractor's own Storage Facility), The Contractor's Goods in Transit insurance ceases at the moment the Goods are unloaded and released to the Client or the Client's representative at that facility. Any subsequent loss, damage or deterioration is not The Contractor's responsibility.
6.2 For Goods collected from The Contractor's Storage Facility by the Client or the Client's representative, the Client must, at the point of collection and prior to departure from The Contractor's premises: (a) unwrap or unpack each item sufficiently to permit visual inspection; (b) inspect the Goods thoroughly for any visible loss or damage; (c) note any loss or damage on the Delivery Note at that time; and (d) re-pack or re-wrap the Goods at the Client's own cost before departure. The Client bears the cost and responsibility of the unpacking, inspection and re-packing exercise. Any claim for loss or damage discovered after the Client has left The Contractor's premises will not be considered under any circumstances. The Contractor's liability and any applicable insurance cover ceases at the moment the Goods leave The Contractor's premises.
6.3 For claims arising from storage, the time limits in Section VIII, clause 10 apply. In all cases, claims must be raised in writing within 7 calendar days of collection or delivery from storage, whichever is applicable, and this is an absolute time bar.
6.4 In any claim for loss or damage under this Section, any estimate of the value of the Goods provided by the Client to The Contractor, whether for insurance purposes or otherwise, shall be evidence that the total value of the Goods did not exceed that estimate at the time of loss or damage.
7. CLAIMS PROCEDURE:
7.1 Claims must be submitted in writing by email to complaints@octagonremovals.co.uk (until such time as The Contractor's dedicated online Complaints portal is available on The Contractor's website, at which point claims must be submitted through that portal), including:
7.1.1 full description of the loss or damage claimed;
7.1.2 date and time of discovery;
7.1.3 photographs of the damaged item showing the damage clearly;
7.1.4 proof of value in accordance with Section VIII, clause 10.3 (original receipt, bank statement, retailer valuation or independent valuation);
7.1.5 copy of the signed Delivery Note or reference to it;
7.1.6 any additional evidence the Client considers relevant;
7.1.7 a written statement of the circumstances in which the damage or loss occurred, in the Client's own opinion, including where and when the item was last seen in undamaged condition.
7.1.8 The Client is responsible for ensuring that the claim submission has been received by The Contractor. Where the Client has not received an acknowledgement in accordance with clause 7.2, it is the Client's responsibility to follow up by alternative means, including by telephone to The Contractor's office. Failure by the Client to confirm receipt of a claim submission does not extend the time limits set out in clause 6.
7.2 The Contractor will acknowledge receipt of the claim within 24 hours on any working day. Where a claim is submitted outside of working hours, acknowledgement will be issued on the next working day.
7.2.1 Appeals against The Contractor's decision on a claim. Where The Contractor issues a full or partial rejection of a claim, or where the Client is otherwise dissatisfied with the outcome of the claims procedure, the Client may appeal by written notice to The Contractor within 14 calendar days of receiving The Contractor's decision. The appeal must set out the grounds on which the decision is challenged and any additional evidence not previously submitted. The Contractor will review the appeal and issue a final decision within 28 calendar days.
7.2.2 Where the Client remains dissatisfied following The Contractor's final decision, the Client may refer the dispute to an appropriate alternative dispute resolution provider or, subject to Section XII (Dispute Resolution), commence legal proceedings. Where The Contractor is a member of the British Association of Removers (BAR) or any similar industry body offering an arbitration scheme, the Client may refer the dispute to that scheme in accordance with the scheme's rules. Nothing in this clause limits the Client's statutory rights.
7.3 The Contractor will investigate and respond substantively within 14 calendar days of receiving a fully documented claim. Where The Contractor requests additional information from the Client during the investigation, the Client shall have 7 calendar days from the date of the request to provide such information. Each such request extends The Contractor's response deadline by 7 calendar days from the date the requested information is received. Where the Client fails to provide requested information within 7 calendar days, The Contractor may issue a decision based on the information available at that time.
7.4 The Client must preserve the damaged item and any relevant packaging in its post-incident condition until The Contractor has confirmed in writing that inspection is complete or unnecessary. Failure to preserve the item may result in the claim being declined.
7.5 Fraudulent or exaggerated claims: any claim found to be fraudulent, deliberately exaggerated or materially misrepresented shall be forfeited in its entirety without settlement, in accordance with Section VIII, clause 10.8. The Contractor reserves the right to: (a) recover all costs incurred in investigating the fraudulent or exaggerated claim, including legal costs and expert fees; (b) seek to be fully compensated for any damages suffered by The Contractor as a result of the Client's fraudulent or dishonest attempt to obtain money from The Contractor, including reputational damage, staff time and any consequential loss; and (c) report the matter to law enforcement authorities, credit reference agencies and any relevant industry body.
8. DAMAGE TO PREMISES OTHER THAN GOODS:
8.1 Where damage is caused to property other than Goods (for example walls, floors, doors, staircases, garden features, external structures) during the course of the service, the following limitations apply:
8.1.1 Where the damage is caused by The Contractor's negligence or breach of Agreement, The Contractor's liability is limited to the cost of making good the damaged area only, not to redecoration or replacement of the entire feature.
8.1.2 Where the damage is caused as a result of The Contractor moving Goods under the Client's express instruction, against The Contractor's advice, and where moving the Goods in the manner instructed was likely to cause damage, The Contractor accepts no liability.
8.1.3 For damage to the premises (as opposed to damage to Goods, which is governed by clauses 6 and 7 of this Section), the Client must note any such damage on the Delivery Note or communicate it in writing to The Contractor's crew before the crew members leave the premises. Damage to premises not raised at the time the crew leaves cannot form the basis of a claim under this clause 8. This clause does not affect the time limits or procedures applicable to claims for damage to Goods under clauses 6 and 7.
8.2 The Contractor accepts no liability for minor marks, scratches, dents or cracks to floors and walls arising from the ordinary course of moving Goods with reasonable care. Despite best efforts, minor cosmetic marks are inherent to the nature of removals work.
9. GOODS IN TRANSIT INSURANCE:
9.1 The Contractor maintains Goods in Transit insurance covering physical loss of or damage to Goods listed on the Inventory List while in transit on The Contractor's vehicles and during loading and unloading, subject to the exclusions in this Section.
9.2 The Goods in Transit policy excludes loss or damage caused by:
9.2.1 wilful misconduct of the Client or persons acting on the Client's behalf;
9.2.2 ordinary natural loss in weight or volume arising from the inherent nature of the Goods, such as evaporation of liquids, drying of organic materials or natural settling of particulate contents;
9.2.3 ordinary leakage, wear and tear, inherent vice or nature of the Goods;
9.2.4 breakage of owner-packed Goods, unless caused by a major accident to the conveying vehicle;
9.2.5 delay;
9.2.6 rust, oxidation or discolouration, unless caused by fire, explosion, collision or overturning of the vehicle;
9.2.7 breakage of glass, marble, china, earthenware or other Goods of a brittle nature, unless caused by fire, explosion, collision or overturning of the vehicle;
9.2.8 depreciation, moth, vermin, mildew, sweat, spontaneous combustion, gradual deterioration, atmospheric or climatic conditions;
9.2.9 loss of or damage to self-assembly or flat-pack furniture unless dismantled prior to the day of removal;
9.2.10 mechanical or electrical derangement unless caused by external means.
10. EXCLUSIONS OF LIABILITY:
10.1 The Contractor accepts no liability for:
10.1.1 Any loss or damage occurring in the course of removal, transport or storage by a third party carrier.
10.1.2 Loss or damage resulting from inadequate or improper packing or unpacking, unless both packing and unpacking were carried out by The Contractor.
10.1.3 Loss or damage to travel documents, wallets, handbags containing valuables, mobile phones, portable IT equipment, electronic devices, currency, cash, bank or credit cards, jewellery, watches, trinkets, precious stones, money, deeds, securities, stamps, coins, or fragile or valuable collections of any kind.
10.1.4 Perishable items or Goods requiring a controlled environment.
10.1.5 Electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is clear evidence of related external damage.
10.1.6 Any loss or damage involving restoration or reconstruction of information or data, or any item of consequential loss.
11. AGGREGATE LIABILITY CAP:
11.1 Subject to clause 3.8, and notwithstanding any other provision of this Agreement, The Contractor's total aggregate liability to the Client arising out of or in connection with the Service Agreement, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the greater of: (a) the total charges paid by the Client to The Contractor under the Service Agreement; or (b) the per-vehicle liability cap set out in clause 2.2.1.
11.2 This aggregate cap applies across all claims, incidents and heads of loss arising from a single Service Agreement. For the avoidance of doubt, the per-vehicle liability cap set out in clause 2.2.1 is £50,000.00, and no aggregate liability of The Contractor arising from a single Service Agreement shall exceed the greater of that £50,000.00 per-vehicle cap or the total charges actually paid by the Client to The Contractor under that Service Agreement.
12. CONTRIBUTORY NEGLIGENCE:
12.1 Where the Client's own act or omission has caused or contributed to any loss or damage, The Contractor's liability shall be reduced to the extent that the Client's contribution caused the loss or damage.
12.2 The Client's failure to comply with any of the Client's obligations under Section V shall be treated as contributory conduct for the purposes of this clause.
13. SUBROGATION AND CLIENT'S OWN INSURANCE:
13.1 Where the Client has recovered any part of a loss under the Client's own insurance policy, the Client's insurer shall have no right of subrogation against The Contractor beyond the limits of The Contractor's liability set out in this Section.
13.2 The Client shall notify The Contractor if any claim submitted to The Contractor has also been submitted to or recovered from the Client's own insurer, and shall not seek double recovery.
14. NOTIFICATION OF POTENTIAL CLAIMS:
14.1 The Client shall notify The Contractor in writing within 7 calendar days of becoming aware of any incident, circumstance or communication that may give rise to a claim under this Agreement, whether or not the Client intends to pursue the claim. Early notification enables The Contractor to preserve evidence, interview crew members and take any protective steps necessary. Timely notification is a condition of the Client's right to bring a claim under this Agreement and is in the interests of both Parties.
14.2 Where the Client fails to notify The Contractor of a potential claim within 7 calendar days of becoming aware of the relevant incident or circumstance, and such delay prejudices The Contractor's ability to investigate, preserve evidence, interview witnesses or defend the claim, The Contractor reserves the right to reduce or decline the claim in whole or in part. The Client bears the burden of demonstrating that no such prejudice has arisen from any delayed notification.
15. SET-OFF AND FULL PAYMENT AS CONDITION OF CLAIM SETTLEMENT:
15.1 Full payment of all sums due from the Client to The Contractor, whether in respect of the Service Agreement to which the claim relates or any other engagement between the Parties, is a strict procedural precondition to the processing, consideration or settlement of any claim by The Contractor. Where any sum remains outstanding from the Client, The Contractor is not obliged to and shall not process, consider or settle any claim until such time as the outstanding balance is paid in full in cleared funds.
15.2 Where a claim is submitted while sums remain outstanding from the Client, the following applies:
15.2.1 The Contractor will acknowledge receipt of the claim in accordance with clause 7.2, and notify the Client of the outstanding balance that must be cleared before the claim can be processed;
15.2.2 the claim will be placed on hold and no substantive investigation, response or settlement will occur until the outstanding balance is paid in full in cleared funds;
15.2.3 the time limits set out in clause 6 of this Section continue to run at all times during any such hold period, are not suspended, extended or otherwise affected by the existence of the outstanding balance, and are not extended by the fact that the claim has been placed on hold;
15.2.4 where the Client pays the outstanding balance after the applicable time limits in clause 6 have expired, the claim shall be treated as time-barred and shall not be processed regardless of when the claim was originally submitted. For the avoidance of doubt, the submission of a claim during a period of non-payment does not preserve the claim beyond the applicable time limits;
15.2.5 the Client bears sole responsibility for ensuring that any outstanding balance is cleared in sufficient time to allow the claim to be processed within the applicable time limits.
15.3 Where a claim is accepted by The Contractor and settlement is agreed, any sum payable by The Contractor to the Client shall be paid by way of refund or bank transfer to the Client's nominated account. The Client shall not be entitled to withhold, defer or reduce any payment due to The Contractor on the basis of an unresolved, disputed or unsettled claim, nor to unilaterally offset any anticipated settlement against amounts owed to The Contractor. Full payment by the Client to The Contractor must be received in cleared funds before any refund arising from a settlement can be processed.
15.4 The Client's obligation to pay The Contractor's charges in full and by the due date is absolute and unconditional. The Client's right to bring a claim under this Agreement is not a defence to, nor a ground for withholding, deferring or reducing, any payment due to The Contractor. The Client acknowledges and agrees the following principles:
15.4.1 The Contractor's charges reflect the services actually performed and the resources deployed, and the Client's obligation to pay for those services is independent of any claim, complaint or dispute;
15.4.2 any claim by the Client must be pursued through the formal procedure set out in clause 7 of this Section, and not through the withholding of payment;
15.4.3 any attempt by the Client to unilaterally determine, offset or reduce the amount payable to The Contractor by reference to a claim or alleged loss shall constitute a breach of this Agreement and shall attract the interest and recovery costs set out in Section IV, clause 5 and clause 18;
15.4.4 the Client shall not use the withholding, deferral or reduction of payment as a means of negotiation, leverage or self-help settlement in respect of any claim or complaint;
15.4.5 the Client shall not seek to compel The Contractor to compensate any claim on terms of the Client's own choosing by withholding payment; The Contractor's obligations in respect of any claim are limited to those set out in this Section and are subject to the formal claims procedure only.
15.5 The provisions of this clause 15 operate procedurally and do not exclude or limit any statutory right of the Client that cannot lawfully be excluded or limited under English law. Where a Client is entitled to withhold payment under a specific statutory right, the exercise of that right does not constitute a breach of this clause, but the Client must expressly identify the statutory right relied upon at the time of withholding.
16. THIRD PARTIES INVITED BY THE CLIENT:
16.1 Where the Client invites, engages, permits or authorises any third party to be present at the collection address, delivery address or any other location where the service is being performed, including but not limited to friends, family members, additional hired help, other contractors, tradespeople, cleaners, decorators, or any other person acting at the Client's request or with the Client's permission, such third parties are the Client's responsibility.
16.2 The Contractor accepts no liability for any act or omission of a third party invited by the Client, including but not limited to any damage caused by such third party to the Goods, to the premises, to The Contractor's crew, equipment or vehicles, or to any other person.
16.3 The Contractor's Goods in Transit insurance and Public Liability insurance shall not respond to any loss, damage or injury arising from the act or omission of a third party invited by the Client, and the Client fully indemnifies The Contractor against any such loss, damage or injury.
16.4 Where a third party invited by the Client participates in or interferes with the handling of Goods, the insurance-voiding provisions of Section V, clause 2.26 apply and The Contractor's insurance cover in respect of those Goods shall be void with immediate effect.
17. EXCLUSION OF IMPLIED WARRANTIES:
17.1 To the fullest extent permitted by law, all warranties, conditions, terms and undertakings other than those expressly set out in these T&Cs, whether implied by statute, common law, custom, course of dealing or otherwise, are hereby excluded.
17.2 The Contractor makes no warranty or representation as to the outcome of the service beyond the express standards set out in Section VI and Section IX of these T&Cs. In particular, The Contractor does not warrant that: (a) all Goods will arrive undamaged, (b) all Goods will arrive at the exact time estimated, (c) the service will be performed by any specific crew member, or (d) any specific vehicle will be used.
17.3 Nothing in this clause excludes or restricts any right or remedy that cannot lawfully be excluded or restricted under English law, including but not limited to the Client's statutory rights under the Consumer Rights Act 2015 or the Supply of Goods and Services Act 1982.
18. INSURANCE POLICY LAW AND GOVERNING LAW:
18.1 The Contractor's insurance policies are contracts between The Contractor and its insurers, governed by the terms of those policies and by such law as is set out therein. The Client is not a party to those policies and has no direct rights against The Contractor's insurers.
18.2 The relationship between The Contractor and the Client is governed exclusively by these T&Cs and by English law, in accordance with Section XII of these T&Cs. The Client's rights and remedies against The Contractor are as set out in these T&Cs and are not extended, varied or supplemented by the terms of any insurance policy held by The Contractor.
18.3 Where The Contractor is required to notify its insurers of any claim or incident, The Contractor may do so without affecting the Client's obligations or rights under these T&Cs. The processing of an insurance notification by The Contractor's insurers does not constitute acceptance of liability by The Contractor.
19. CONTACT DETAILS AND COMPLAINTS PORTAL:
19.1 The current contact details for The Contractor, including the email address and postal address for the submission of claims, complaints and formal notices, are those published on The Contractor's website at octagonremovals.co.uk. These details are updated from time to time and it is the Client's responsibility to use the contact details current at the time of any submission.
19.2 Where The Contractor operates a dedicated Client Panel or Complaints Portal on its website, claims and complaints must be submitted through that portal in accordance with its published procedures. Submissions made through any other channel, including email messages or letter communication sent by post, may be redirected to the portal for processing. Upon successful submission of a complaint through the portal, the Client will receive a complaint acknowledgement reference number, which shall constitute the claim number for the Client's case and must be quoted by the Client in all subsequent communication with The Contractor regarding that claim.
19.3 The Contractor will use reasonable endeavours to notify the Client of any change to the contact details or the introduction of the Complaints Portal, but the primary source of current contact information is the website.
20. MARKETING STATEMENTS AND REPRESENTATIONS:
20.1 The Contractor's website, marketing materials, advertisements, social media content and general communications contain representations about the standard, character and range of The Contractor's services. Such statements are general representations of The Contractor's typical practice and are not binding contractual promises. The contractual obligations of The Contractor to any Client are set out exclusively in these T&Cs and in the Booking Confirmation issued to that Client.
20.2 In particular, statements such as "fixed price", "no hidden charges", "fully insured", "response within one hour", "uniformed team", "we do not mix client goods", "we guarantee an additional vehicle" and similar are general representations that must be read together with these T&Cs. Their precise operational effect is governed by the applicable clauses of these T&Cs, and any variation, qualification or exclusion set out in these T&Cs prevails over the general representation.
20.3 Response time targets referenced in marketing materials, including but not limited to a one-hour response target, are business hours service targets and are not contractual service level agreements. Response time targets do not apply outside standard working hours as defined in Section I, clause 2.7. No enquiry, communication or request from a prospective or existing Client creates a contractual right to any response within a fixed time until a Service Agreement has been entered into.
20.4 Where any Client believes that The Contractor has made a specific representation on which the Client has relied in entering into the Service Agreement, that representation must be identified in writing and included in the Booking Confirmation to have contractual effect. Representations not so incorporated form no part of the Service Agreement.
20.5 Nothing in this clause excludes any liability of The Contractor for fraudulent misrepresentation.
SECTION X: INTERNATIONAL REMOVALS
1. SCOPE OF INTERNATIONAL REMOVAL SERVICES:
1.1 This Section applies exclusively to international removal services provided by The Contractor, being services where the collection or delivery of Goods takes place outside the United Kingdom. Where the collection and delivery both take place within the United Kingdom, this Section does not apply and the general provisions of these T&Cs govern the service in full.
1.2 The Contractor provides international removal services on a dedicated door-to-door basis only. The Client's Goods are transported in a vehicle exclusively assigned to that Client's move and are not consolidated or mixed with the Goods of any other client. This is a defining feature of The Contractor's international removal offering. The sole exception to the exclusive use of The Contractor's own vehicles arises where The Contractor's vehicle suffers a mechanical breakdown, damage or other operational failure preventing continuation of the service. In such circumstances, The Contractor may engage external third-party vehicles, hire companies or logistics partners to complete the service, and these T&Cs continue to apply in full to that service as though The Contractor were performing it directly.
1.3 The type of service applicable to any specific booking will be identified in the Quotation and Booking Confirmation.
1.4 The Contractor operates international removal services within Europe and the United Kingdom. Services outside this geographic scope are provided only where expressly included in the Service Agreement, and may be subject to additional conditions.
2. APPLICATION OF INTERNATIONAL LEGAL FRAMEWORKS:
2.1 International road transport of Goods between countries that are signatories to the Convention on the Contract for the International Carriage of Goods by Road 1956 (the "CMR Convention") is subject to the CMR Convention as a matter of law. The CMR Convention sets a statutory framework governing certain aspects of the carriage, including in respect of:
2.1.1 The Contractor's liability limits for loss of or damage to Goods in international transit, which under CMR are calculated by reference to the weight of the Goods lost or damaged (currently 8.33 Special Drawing Rights per kilogramme of gross weight short, subject to updates);
2.1.2 time limits for the notification of claims;
2.1.3 the form and content of the consignment note (CMR note) required for international road transport.
2.2 Where the CMR Convention does not apply to a particular international movement, the general liability provisions of Section IX apply, subject to any modification set out in this Section.
2.3 The Contractor will inform the Client at the Quotation stage of any material limits or exclusions arising from the application of international legal frameworks to the specific route requested.
3. QUOTATION FOR INTERNATIONAL REMOVALS:
3.1 Quotations for international removal services are valid for a period of 7 calendar days from the date of issue, in line with Section III, clause 3, but may be withdrawn earlier by The Contractor where the underlying costs of fuel, ferry, tunnel, customs charges, agents' fees or foreign exchange move materially. Notwithstanding any Booking Confirmation, in circumstances of Vis Major (Force Majeure) as set out in clause 21 of this Section, or where materially unforeseeable changes in cost or regulatory conditions occur between the date of Quotation and the Move Date, The Contractor reserves the right to review and adjust the Quoted price. The Contractor shall notify the Client of any such adjustment as soon as reasonably practicable and, where the adjustment is material, the Client may either accept the revised price or terminate the Service Agreement subject to the cancellation provisions of Section II and this Section.
3.2 The Client must provide, at the Quotation stage:
3.2.1 the full collection address and full delivery address in each country, together with full access details (including any restrictions on vehicle size, parking permits, lift access, stair access, security clearance, and any other access limitation) for both the collection and delivery premises;
3.2.2 an accurate inventory of the Goods, including estimated weight and volume, together with the Client's estimate of the market value of the Goods (both aggregate and for any High-Value Items in accordance with Section V);
3.2.3 a copy of a valid identification document (passport or national identity card) for the primary Client;
3.2.4 any special requirements including High-Value Items, items requiring special declarations, and any items intended for onward resale or commercial use.
3.3 Quotations may be provided in pounds sterling only. Where payments are made in another currency, the Client bears all currency conversion costs and any shortfall arising from exchange rate movement, in accordance with Section IV, clause 17.
4. CUSTOMS AND BORDER FORMALITIES:
4.1 Where included in the agreed scope of service, The Contractor will manage customs declarations, border documentation and payment of duties and taxes on the Client's behalf. This service is provided as an operational convenience and does not extend The Contractor's liability beyond the terms of this Agreement.
4.2 The Client shall provide The Contractor with all information and documentation reasonably required to complete customs formalities, including but not limited to:
4.2.1 passport or identity documentation;
4.2.2 proof of residence status in the country of destination (where required);
4.2.3 itemised inventory of Goods with declared values in pounds sterling and euros or local currency as required;
4.2.4 purchase receipts or valuations for any items of significant value;
4.2.5 any specific documentation required by the destination country in respect of the type of Goods being imported.
4.3 The Client warrants that all information provided for customs purposes is accurate, complete and truthful. The Client fully indemnifies The Contractor against any loss, damage, fine, penalty, prosecution, storage charge or delay arising from inaccurate, incomplete or false information provided by the Client for customs purposes.
4.4 The Contractor accepts no liability for any delay, refusal of entry, confiscation, seizure or requirement to return Goods to the country of origin arising from the decisions of customs authorities, border agencies or any other government body of any country. All associated costs, including additional transport, storage, disposal or return, are the sole responsibility of the Client.
4.5 Duties, taxes and other charges levied by customs authorities or border agencies are the sole responsibility of the Client, regardless of who physically pays them at the point of collection. Where The Contractor pays such charges on the Client's behalf, the Client shall reimburse The Contractor in full together with an administrative handling fee to be advised at the time of the Quotation.
4.6 The Client acknowledges that customs and border procedures can result in delays that are outside The Contractor's control. The Contractor accepts no liability for any consequential loss arising from such delays.
4.7 Fluidity of border and customs requirements. Border, customs, immigration and regulatory requirements imposed by any country of origin, transit or destination are subject to change without notice as a result of legislative, regulatory, political, security or public health developments. The Contractor operates on the basis of the requirements in force at the time the specific service is performed. Where a Quotation is issued and the Move Date is scheduled several weeks or months in advance, the requirements applicable at the time of Quotation may differ from those applicable at the Move Date. The Client accepts that:
4.7.1 additional documentation, permits, declarations or fees may be required at the Move Date that were not required at the Quotation stage;
4.7.2 the Client shall promptly provide any additional documentation or information reasonably requested by The Contractor as requirements evolve;
4.7.3 any additional cost, delay or non-completion arising from changes in requirements between Quotation and Move Date is at the Client's expense;
4.7.4 The Contractor accepts no liability for consequences of regulatory change occurring between Quotation and Move Date, including but not limited to postponement, additional documentation cost, additional duties, or the need to re-quote the service.
5. GOODS EXCLUDED FROM INTERNATIONAL REMOVALS:
5.1 In addition to the general list of excluded Goods set out in Section VII, clause 2, the following are excluded from international removal services unless expressly agreed in writing:
5.1.1 any Goods subject to export or import restrictions, licensing requirements, embargoes or sanctions in the country of origin, transit or destination;
5.1.2 any Goods requiring phytosanitary, veterinary or health certification;
5.1.3 any Goods classified as dual-use, military, controlled technology, or subject to strategic export controls;
5.1.4 currency, bearer instruments and monetary items in any amount that would require customs declaration in the country of origin, transit or destination;
5.1.5 any Goods that, if intercepted or examined by customs authorities, would delay the entire consignment.
5.2 The Contractor reserves the right to refuse to load, or to unload at any point in transit, any Goods believed to fall within this exclusion list. All associated costs are the sole responsibility of the Client.
6. LIABILITY FOR INTERNATIONAL REMOVALS:
6.1 The Contractor assumes operational responsibility for the international removal service from the point of loading at the collection address to the point of unloading at the delivery address, to the extent such matters are within The Contractor's reasonable operational control. This responsibility is subject to the exclusions and limitations set out in this Section, Section IX, and any applicable international legal framework including the CMR Convention. For the avoidance of doubt, The Contractor does not accept responsibility for events or circumstances beyond its reasonable operational control, including but not limited to: third-party road traffic incidents caused by other road users during loading, transit or unloading; interference by third parties with the vehicle or the Goods; acts or omissions of customs authorities, border agencies, port operators or other regulatory bodies; and any other event or circumstance outside The Contractor's reasonable operational control.
6.2 The Contractor's maximum liability for loss of or damage to Goods in international transit is the lower of:
6.2.1 the applicable liability limit under the CMR Convention (currently 8.33 Special Drawing Rights per kilogramme of gross weight short) or any other applicable international convention;
6.2.2 £50,000 per vehicle in accordance with Section IX, clause 2.2.1;
6.2.3 the total charges paid by the Client under the Service Agreement in accordance with Section IX, clause 11.1.
6.3 The Client is strongly advised to arrange separate all-risks marine or transit insurance for international movements, particularly where the value of the Goods exceeds the applicable CMR limit calculated by weight.
6.4 Time limits for claims arising from international removals are as set out in Section IX, clause 6, subject to any shorter or different limits that may apply under the CMR Convention or other applicable international framework.
7. TRANSIT OPERATIONS, ROUTING AND VEHICLE ASSIGNMENT:
7.1 The selection of vehicle, route, transit method (road, sea, tunnel, ferry, or combination), border crossings, driver assignment and operational scheduling for any international removal is at The Contractor's operational discretion. The Contractor selects the arrangements that in its professional judgment best serve the timely, safe and cost-effective delivery of the service.
7.2 The Contractor may, without prior notice to the Client and without incurring any liability:
7.2.1 change the vehicle assigned to the service (subject to the dedicated door-to-door principle in clause 1.2);
7.2.2 change the route or crossing arrangements in response to traffic, weather, ferry availability, customs congestion, security concerns, road closures, or any other operational factor;
7.2.3 engage substitute drivers or additional crew members as required;
7.2.4 reschedule intermediate transit stages provided the overall estimated delivery timeframe is substantially maintained.
7.3 Estimated transit times and delivery windows communicated to the Client are informational estimates only and are not binding. The Contractor undertakes to use reasonable endeavours to meet estimated timeframes but does not warrant any specific arrival or completion time. Time is not of the essence in respect of The Contractor's arrival or completion times for international services, in accordance with Section XVI, clause 17.2.
7.4 The Contractor's crew and any third-party logistics partners engaged in accordance with clause 1.2 operate under The Contractor's overall coordination. All operational instructions from the Client during transit should be directed to The Contractor's dispatch office and not to individual crew members or third-party partners.
8. DELAYS AT BORDERS, PORTS AND CROSSINGS:
8.1 International removal services are subject to delays inherent to border controls, ferry and tunnel schedules, port congestion, industrial action, weather affecting sea or air transport, and any other circumstance outside The Contractor's reasonable control.
8.2 All transit times quoted for international removals are estimates only. The Contractor accepts no liability for delay arising from any cause outside its reasonable control, in accordance with Section VI, clause 2.21 and Section VII, clause 4.
8.3 Where a delay results in the need to store Goods at a border, port, terminal or intermediate location, the Client shall be liable for all associated storage, handling and re-loading charges.
9. FORCE MAJEURE AND POLITICAL RISK:
9.1 In addition to the Force Majeure provisions in Section VII, clause 8, international removal services are subject to the following additional Force Majeure circumstances:
9.1.1 closure of borders by any government;
9.1.2 imposition of quarantine, epidemic controls or health-related restrictions on movement;
9.1.3 imposition of sanctions, embargoes or trade restrictions affecting the countries of origin, transit or destination;
9.1.4 political instability, civil unrest, war or military action in any country of origin, transit or destination;
9.1.5 refusal of entry by any customs, border or immigration authority.
9.2 Where a Force Majeure event of this nature prevents completion of the international removal, The Contractor will use reasonable endeavours to store the Goods at the nearest safe location pending resolution. All associated storage, insurance, security and eventual re-transport costs are the sole responsibility of the Client.
10. PAYMENT TERMS FOR INTERNATIONAL REMOVALS:
10.1 International removals are subject to the payment terms set out in Section IV, with the following modifications:
10.1.1 The Prepayment for international removals is 50% of the total agreed price (as opposed to 35% for domestic services), reflecting the higher level of committed cost incurred by The Contractor prior to the Move Date;
10.1.2 the remaining balance is due no later than 24 hours before the crew arrives at the collection address;
10.1.3 any duties, taxes, customs charges, port fees or other third-party charges paid by The Contractor on the Client's behalf are payable immediately upon invoice, and in any event before the Goods are released at the delivery address.
10.2 Payment before commencement of international transit. Where the Client's payment obligations (including the Prepayment and any balance due before departure) are not settled in cleared funds by the time loading at the collection address is completed, The Contractor is not obliged to commence the international transit stage of the service. In such circumstances, The Contractor may:
10.2.1 suspend the service at the loading point, with waiting time charges applying under Section IV;
10.2.2 unload the Goods at the collection premises where the collection premises remain accessible and it is safe and practical to do so;
10.2.3 transfer the loaded Goods to The Contractor's United Kingdom Storage Facility pending receipt of cleared funds, with all storage, handling and re-loading charges for the Client's account;
10.2.4 invoke the failed visit and emergency storage provisions of Section IV, clauses 11 and 16.
10.3 Goods will not be released at the delivery address until all charges are paid in full in cleared funds. Where charges remain unpaid at the point of delivery, the emergency provisions of clause 16 of this Section apply.
11. INSURANCE, CMR CONVENTION AND LIABILITY:
11.1 The Contractor's Goods in Transit (GIT) insurance and general liability framework set out in Section IX applies in full to international removals performed under this Section. The GIT policy limit of £50,000.00 per vehicle and the aggregate cap arrangements in Section IX, clause 11 apply without variation for international carriage.
11.2 The Convention on the Contract for the International Carriage of Goods by Road 1956 (the CMR Convention) applies as a matter of law to road transport between CMR signatory states. The CMR Convention sets a minimum framework of statutory liability which cannot be reduced by contract. The Contractor's Goods in Transit insurance operates as the primary commercial insurance response to any loss or damage claim, and typically provides coverage at a level equal to or greater than the statutory CMR minimum. Where the value of the Goods exceeds The Contractor's standard insurance limit, the Client is expected to declare such value in accordance with Section V (High-Value Items) and, where required, arrange enhanced insurance as an additional service or through the Client's own policy.
11.2.1 The CMR Convention statutory liability limit is 8.33 Special Drawing Rights (SDR) per kilogram of gross weight of the Goods lost or damaged. Where the value per kilogram of the Client's Goods materially exceeds this limit and the Client has not declared High-Value Items or arranged enhanced insurance, the Client bears the risk of the difference between statutory recovery and actual value.
11.3 Any claim for loss of or damage to Goods during international transport is handled under the procedures set out in Section IX, clauses 6 and 7, using the same time limits, evidentiary requirements and settlement procedures as apply to domestic services.
12. CURRENCY, DUTIES AND PAYMENT:
12.1 All charges quoted and invoiced by The Contractor are in Pounds Sterling (GBP). The Contractor does not invoice in foreign currency. Where any cost is incurred by The Contractor in foreign currency (including but not limited to fuel, tolls, destination country handling fees or pass-through charges), The Contractor converts such cost to GBP at the exchange rate applied by The Contractor's business banking provider at the date the cost is incurred, plus a reasonable administrative margin to cover conversion cost and banking fees.
12.2 Import duties, export duties, customs duties, VAT and any other tax imposed by the destination country or the country of origin on the transported Goods are the responsibility of the Client and are payable directly by the Client to the relevant tax authority. The Contractor does not act as collecting agent for foreign tax authorities.
12.3 Where, exceptionally, The Contractor is required to pay duties or taxes on the Client's behalf at the point of customs clearance (for example, where a destination country customs procedure requires immediate payment for goods to be released), such payments are made by The Contractor as a service to the Client and are invoiced in GBP as a pass-through charge, plus an administrative fee of 10% of the amount advanced to cover the risk and cost of the advance.
12.4 Exchange rate risk on any pass-through payment is borne by the Client. The Contractor's obligation is to convert accurately at the rate applied by its banking provider, and neither Party has recourse against the other for fluctuations in exchange rates between the date of quotation and the date of any actual payment.
13. POWER OF ATTORNEY / LETTER OF AUTHORITY:
13.1 Where the destination country's customs, immigration, port authority or other regulatory body requires a Power of Attorney, a Letter of Authority or similar written authorisation to enable The Contractor or the destination agent to represent the Client in customs clearance, delivery arrangements or related formalities, the Client shall provide such Power of Attorney or Letter of Authority on request.
13.2 The Power of Attorney or Letter of Authority is required only where the destination country's authorities specifically require it. It does not need to be notarised, apostilled or legalised unless the destination country's authorities expressly require such certification. The Contractor will inform the Client at Survey stage of any such requirement identified in advance. Where notarial confirmation, apostille certification, consular legalisation or any similar formal authentication is required by the destination country's authorities in respect of a Power of Attorney or Letter of Authority, the cost of obtaining such authentication is for the Client's account and shall be arranged and paid by the Client directly, or invoiced by The Contractor as a pass-through charge in accordance with clause 12.3 where The Contractor arranges it on the Client's behalf.
13.3 Where the Client fails or refuses to provide a required Power of Attorney or Letter of Authority within a reasonable time, and this causes delay or additional cost, the Client bears the responsibility for such delay and cost, including any storage, demurrage or re-scheduling charges at the destination.
14. DOCUMENTATION DEADLINES:
14.1 The Client shall provide all documentation required for international transport, customs clearance and destination delivery no later than 7 working days before the Move Date. Required documentation includes but is not limited to:
14.1.1 copy of the Client's passport or national identity document for each named traveller or beneficial owner of the Goods;
14.1.2 proof of destination country residency, visa status or immigration status where required;
14.1.3 detailed packing list and inventory with declared values in GBP;
14.1.4 Power of Attorney where required under clause 13;
14.1.5 any additional documentation identified by The Contractor at Survey stage as required by the destination country.
14.2 The Client is strongly encouraged to provide all documentation at the point of booking to enable The Contractor to prepare for the service without delay.
14.3 Where the Client fails to provide required documentation by the 7 working day deadline:
14.3.1 The Contractor may postpone the Move Date until the documentation is provided;
14.3.2 waiting time and re-scheduling charges apply in accordance with Section IV;
14.3.3 where the delay is caused by the Client's failure to provide documentation, The Contractor is not liable for any consequential loss to the Client.
15. VALUE ADDED TAX AND ZERO-RATED EXPORTS:
15.1 Removal services provided in the United Kingdom are generally subject to UK VAT at the standard rate. Where the removal service qualifies as a zero-rated export of services under UK VAT law, The Contractor applies zero-rating in accordance with HMRC rules and the Client's documentary confirmation of the destination.
15.2 VAT, GST, sales tax or equivalent tax imposed by the destination country on the imported Goods, the transport service, or any incidental service performed in the destination country is the responsibility of the Client, in accordance with clause 12.2.
15.3 Where the Client is registered for VAT in the United Kingdom and requires a valid VAT invoice for reclaim purposes, The Contractor provides such an invoice as standard.
15.4 Where a VAT treatment applied by The Contractor at the time of invoicing is subsequently challenged, reassessed or reversed by HMRC or a foreign tax authority, the Client remains ultimately liable for the correct VAT position. Any additional VAT, penalty or interest arising is recoverable by The Contractor from the Client.
16. FAILED DELIVERY IN DESTINATION COUNTRY - CONTRACTOR'S OPTIONS:
16.1 Where, on arrival at the destination address, The Contractor's crew is unable to deliver the Goods to the Client or the Client's authorised representative for any reason not attributable to The Contractor, The Contractor is not obliged to arrange, store, or bear the cost of any temporary storage of the Goods in the destination country. The Contractor is not a bailee, custodian or warehouseman in respect of Goods that cannot be delivered as scheduled.
16.2 Client-arranged storage. Where the Client, before or at the time of the intended delivery, requests that The Contractor arrange temporary local storage in the destination country and expressly confirms in writing that the Client will bear all costs of such storage, handling and related charges, The Contractor may, at its sole discretion and where operationally practical, participate in such arrangement. All costs are invoiced as pass-through charges plus a 10% administrative fee in accordance with clause 12.3, and are payable within 7 calendar days of invoice.
16.3 No-contact procedure. Where the Client is uncontactable or non-responsive at the time of failed delivery, The Contractor shall attempt to contact the Client through the following channels, in sequence and simultaneously where practical:
16.3.1 email to the Client's primary and any alternative email address on record;
16.3.2 telephone call to the Client's primary and any alternative telephone number on record;
16.3.3 text message (SMS) and WhatsApp message to the Client's mobile number on record;
16.3.4 where the Client has provided an emergency contact or next-of-kin in the booking documentation, contact by telephone, email, SMS and WhatsApp to that person using the contact details provided.
16.4 The Contractor documents all contact attempts (date, time, channel, response received or absence of response) as evidence of reasonable efforts to reach the Client.
16.5 Contractor's decision on failed delivery with no contact. Where the Client and any nominated emergency contact remain uncontactable and no instructions are received, The Contractor shall, at its sole discretion, elect one of the following two courses of action:
16.5.1 Return the Goods to the United Kingdom: The Contractor loads the Goods back onto the vehicle and returns them to The Contractor's United Kingdom base. The return journey is governed by clause 20 of this Section, and the disposal procedure on return is governed by clause 20.6 (Torts (Interference with Goods) Act 1977, expedited notice periods); or
16.5.2 Local disposal in the destination country: Where the applicable legislation in the destination country permits The Contractor or its local partner to dispose of the Goods (whether by sale, donation, destruction or other means) following a failed delivery and reasonable notice, The Contractor may elect to arrange local disposal in accordance with such local legislation, without any obligation to return the Goods to the United Kingdom.
16.6 The Client acknowledges that different destination countries have different rules on the disposal of unclaimed goods, and The Contractor makes no warranty as to the availability, cost, procedure or outcome of local disposal in any specific country. The Contractor's decision under clause 16.5 is made in good faith on the basis of the local advice available at the time.
16.7 All costs of the failed delivery, the contact attempts, any local storage incurred pending decision, the return journey (if elected) or local disposal (if elected) are for the Client's account and are recoverable from the Client together with the original service charges and any accrued interest, administration fees and recovery costs under Section IV, clause 5, Section IX, clause 15 and, for business Clients, Section XIII, clause 23.
16.8 The Client indemnifies The Contractor against any claim by any third party (including any local storage provider engaged under clause 16.2, local authorities, or subsequent claimants to the Goods) arising from The Contractor's exercise of its rights under this clause.
17. THIRD-PARTY LOGISTICS PARTNERS:
17.1 The Contractor may engage local or international logistics partners, subcontractors, port agents, customs brokers, destination country handling agents or other third parties to perform elements of the international service. Such engagement is at The Contractor's operational discretion.
17.2 The Contractor retains overall responsibility for the coordination and quality of the service delivered, in accordance with Section VI, clause 2.17 and Section XIII, clause 21. The Client's contractual relationship remains with The Contractor at all times.
17.3 The engagement of third-party logistics partners does not affect the Client's obligations under this Section (including documentation deadlines, duties, VAT and Power of Attorney) or the applicability of Section IX for insurance and claims.
18. RESTRICTED AND PROHIBITED ITEMS - DESTINATION SPECIFIC:
18.1 Different jurisdictions impose different restrictions and prohibitions on the import of goods, including but not limited to: alcohol (e.g. Norway, Islamic countries), tobacco products (many jurisdictions), religious or political materials (Middle East, China, Russia), certain foodstuffs (Australia, New Zealand, USA), medicines (varies widely), firearms and ammunition (universal restrictions), currency above declaration thresholds, dual-use technology, and items containing endangered species materials (CITES Convention).
18.2 The Client is solely responsible for:
18.2.1 identifying the specific restrictions and prohibitions applicable in the destination country;
18.2.2 ensuring that no restricted or prohibited item is included in the Goods presented for transport;
18.2.3 obtaining any specific import permits, licences or exemptions required for controlled items;
18.2.4 declaring accurately in the packing list and customs documentation the nature of the Goods being transported.
18.3 The Contractor is under no obligation to verify the compliance of the Goods with destination country restrictions and accepts no liability for any consequence of the Client presenting restricted or prohibited items for transport, including but not limited to seizure, destruction, fines, delays or criminal prosecution.
18.4 The Contractor accepts no responsibility whatsoever for any Goods that fall within the categories of restricted or prohibited items in any country of origin, transit or destination and that were not expressly declared by the Client in the packing list, customs declaration or other required documentation. Where such undeclared Goods are seized, detained, forfeited or destroyed by any customs authority, border agency or regulatory body, the entire risk and cost of such action is for the Client's account, and The Contractor is entitled to full payment for services performed together with all resulting fines, penalties, storage, disposal and administrative costs.
19. CUSTOMS SEIZURE, DETENTION AND REFUSAL:
19.1 The Contractor accepts no liability, in any circumstances, for any seizure, detention, delay, forfeiture, destruction, damage or refusal of the Goods by any customs authority, border agency, regulatory authority or law enforcement agency in the country of origin, any country of transit, or the destination country.
19.2 This exclusion of liability applies regardless of whether the seizure or detention arises from:
19.2.1 inaccurate, incomplete or misleading declarations by the Client;
19.2.2 the inclusion of restricted, prohibited or undeclared items;
19.2.3 the Client's non-compliance with import formalities or duty payment;
19.2.4 the Client's immigration or visa status;
19.2.5 random inspection, sample testing or extended clearance procedures;
19.2.6 any error by the destination customs authority or its agents;
19.2.7 any other circumstance beyond The Contractor's operational control.
19.3 Where the Goods are seized, detained or refused, The Contractor is entitled to full payment for services performed up to that point and is not required to refund any charges. All storage, demurrage, re-clearance and repatriation costs arising from the seizure or detention are for the Client's account.
19.4 The Client indemnifies The Contractor against any fine, penalty, legal cost or other liability imposed on The Contractor arising from customs, border or regulatory action in respect of the Goods.
20. RETURN DELIVERY ON DESTINATION REFUSAL:
20.1 Where delivery cannot be completed at the destination and, after operation of clause 16 (Emergency Storage in Destination Country), The Contractor determines that the appropriate course of action is to return the Goods to the United Kingdom, the following provisions apply.
20.2 The return of the Goods to the United Kingdom is undertaken by The Contractor as a continuation of the original Service Agreement, on the basis that The Contractor is unable to complete the delivery at the intended destination and returns to base under its contractual rights and procedures. Where legal or customs formalities of the destination country or transit countries require the issuance of new consignment notes, CMR waybills or export documentation for the return journey, The Contractor completes such documentation as sender and as consignee acting on its own behalf, without any requirement for further engagement or signature from the Client. The original outbound consignment documentation is preserved for reference and for any customs or claims purposes. The return does not create a new commercial contract with the Client requiring further authorisation, as it is an operational consequence of the failed delivery under the existing Service Agreement.
20.3 Prior to commencing the return journey, The Contractor documents the refusal or any other circumstances making it not possible for The Contractor to perform the service fully, the condition of the Goods at the point of refusal, and obtains any required destination country customs stamps or authorisations for re-export. All Goods are photographed at the point of return.
20.4 All costs of the return journey (including transport, insurance, customs formalities, storage, handling and administrative charges) are for the Client's account, invoiced in accordance with clauses 12.3 and 16.3.
20.5 On arrival of the returned Goods at The Contractor's United Kingdom base, the Goods are placed into standard storage in accordance with Section VIII, and are treated as unclaimed Goods for the purposes of the disposal procedure under the Torts (Interference with Goods) Act 1977. The Contractor issues written notice to the Client of the Goods' return and of the applicable procedure.
20.6 Two-stage procedure. The procedure following failed international delivery operates in two distinct stages:
20.6.1 Stage 1: Destination decision. Following failed delivery and completion of the no-contact procedure under clause 16.3, The Contractor takes a decision to return the Goods to the United Kingdom within a maximum of 12 hours. The Client (and any nominated emergency contact) is notified in writing that The Contractor is proceeding with the return to the United Kingdom procedure. The Contractor does not remain at the destination waiting for the Client. Travel time from the destination to the United Kingdom base is transit time and is not a waiting period for the Client's benefit.
20.6.2 Stage 2: UK disposal countdown. The disposal notice periods run from the date the returned Goods arrive at The Contractor's United Kingdom base, not from the date of failed delivery at destination and not from the date of the return notification at destination.
20.7 Expedited UK disposal procedure. Given that the Client has actively refused delivery or been uncontactable at the destination, the Client is not in the position of a passive uninformed owner, and shorter notice periods are commercially reasonable. The Contractor's disposal notice periods on return to the United Kingdom are:
20.7.1 Day 0 (date of arrival of the returned Goods at The Contractor's United Kingdom base): The Contractor issues an initial formal written notice to the Client under the Torts (Interference with Goods) Act 1977, through all available channels (email, SMS, WhatsApp, letter, and to any emergency contact on record). The notice states: (i) that the Goods have been returned to the United Kingdom following failed delivery; (ii) the location of the Goods; (iii) the daily storage rate accruing from the date of return; (iv) the total amount required to secure release of the Goods; and (v) The Contractor's intention to exercise remedies against the Goods if the Client does not respond and settle within the applicable period;
20.7.2 Day 7 (one week after arrival of the returned Goods in the United Kingdom): The Contractor issues a second written notice, escalating to formal notice of intention to sell or dispose of the Goods under the Torts (Interference with Goods) Act 1977, Schedule 1;
20.7.3 Day 14 (two weeks after arrival in the United Kingdom): The Contractor issues a final notice of intended sale or disposal, specifying date, time and place of sale (where sale is intended);
20.7.4 Day 21 (three weeks after arrival in the United Kingdom): The Contractor is entitled to proceed with sale, donation, destruction or other disposal of the Goods.
20.8 Storage charges accrue at The Contractor's standard commercial storage rate from the date of arrival of the returned Goods at The Contractor's United Kingdom base until the date of collection or disposal. The Client remains liable for all accrued storage charges regardless of eventual disposal.
20.9 Proceeds of sale (if any) are applied first to The Contractor's outstanding charges (including original service charges, return journey costs, storage charges, administration fees, interest and recovery costs), with any balance held for the Client in accordance with the Torts (Interference with Goods) Act 1977.
20.10 The abbreviated notice periods in this clause reflect the specific circumstances of failed international delivery, where the Client's active refusal or non-engagement, coupled with the substantial cost of storage of returned international shipments, justifies a shorter period than would apply to passively abandoned Goods. Where a court determines that longer notice was required in a specific case, the Torts (Interference with Goods) Act 1977 default periods apply as fallback, and the remainder of this clause continues in force.
21. INTERNATIONAL FORCE MAJEURE:
21.1 In addition to the Force Majeure provisions in Section VII, clause 8 and Section XIII, clause 30, international removals are subject to the following additional Force Majeure circumstances:
21.1.1 political instability, civil disorder, coup, insurrection or revolution in any country of origin, transit or destination;
21.1.2 declared or undeclared war, terrorism or armed conflict affecting the route;
21.1.3 international sanctions regimes (including UK, EU, US, UN sanctions) that make performance unlawful or impracticable;
21.1.4 border closures, port closures, airport closures or embargoes affecting the route;
21.1.5 international health emergencies, pandemic-related travel restrictions or quarantine orders;
21.1.6 diplomatic disputes or breakdown of transit agreements between relevant countries;
21.1.7 fuel shortages, currency restrictions or capital controls in any relevant country.
21.2 Where an international Force Majeure event occurs, The Contractor may, at its option:
21.2.1 suspend performance until the Force Majeure event ceases;
21.2.2 reroute the Goods via an alternative route, with additional costs for the Client's account;
21.2.3 return the Goods to the United Kingdom under clause 20 of this Section;
21.2.4 terminate the Service Agreement, with the Client remaining liable for services actually performed and irrecoverable committed costs incurred up to the date of termination.
21.3 In no circumstance is The Contractor liable for any consequential loss to the Client arising from an international Force Majeure event, and Prepayments made by the Client are retained to the extent required to cover services performed and committed costs.
22. INTERNATIONAL DOCUMENTATION RETENTION:
22.1 The Contractor retains international removal documentation, including customs declarations, CMR waybills, packing lists, valuation documents and correspondence with customs authorities, in accordance with HMRC customs record-keeping requirements, being minimum 6 years from the end of the tax year in which the export or import took place.
22.2 Standard retention periods for personal data and general service records under Section XV, clause 10 apply concurrently.
22.3 Where a specific claim, dispute, investigation or ongoing customs matter requires longer retention, the relevant documents are preserved for the duration of the matter.
23. INTERNATIONAL DATA TRANSFER:
23.1 In the course of an international removal, The Contractor may need to transfer the Client's personal data to destination country agents, customs brokers, storage providers and other third parties involved in the service. Such transfers are made under the safeguards set out in Section XV, clause 11 (International Data Transfers), specifically the necessity for the performance of the Service Agreement under UK GDPR Article 49(1)(b).
23.2 The Client accepts that transfers of personal data to destination countries may result in the data being processed under different legal regimes, potentially offering different levels of data protection to those provided under UK data protection law. By entering into an international Service Agreement, the Client consents to such transfers as necessary for the performance of the service.
23.3 The Contractor's obligations of confidentiality, security and lawful processing continue to apply to personal data transferred internationally, and The Contractor uses reasonable endeavours to ensure that destination country partners handle the data in accordance with equivalent standards.
23.4 Where a destination country's legal regime requires disclosure of Client personal data to local authorities (for example, immigration authorities, tax authorities, or law enforcement), such disclosure is beyond The Contractor's control and does not constitute a breach of these T&Cs or of data protection obligations. The Contractor accepts no liability for the consequence of any lawful disclosure required by destination country law.
24. PROHIBITED CARGO - LIVESTOCK, PLANTS, PETS AND PERISHABLES:
24.1 The Contractor does not transport internationally: live animals, pets, livestock, live plants, seeds, cut flowers, foodstuffs (whether frozen, refrigerated or ambient), perishable items, biological samples, human remains or ashes, or any item requiring temperature-controlled or specialist handling. These items are outside the scope of The Contractor's international removal service.
24.2 Where the Client wishes to relocate any such item, the Client shall arrange this through a specialist transporter and shall not present such items to The Contractor for transport. Any such item presented in a container or box is at the Client's sole risk, and The Contractor reserves the right to refuse to load, or to unload at any point in transit, any item identified as falling within this exclusion.
25. TEMPORARY VERSUS PERMANENT IMPORT:
25.1 Different customs regimes apply depending on whether the Goods are being imported to the destination country on a temporary basis (for example, for a fixed-term work assignment or academic placement) or on a permanent basis (for example, permanent relocation). Temporary import may permit duty relief, bond arrangements or ATA carnet procedures, while permanent import typically incurs full duty and VAT.
25.2 The Client shall inform The Contractor at Quotation stage of the intended nature of the import (temporary or permanent) and the anticipated duration of stay. The Client is responsible for ensuring the accuracy of any customs declaration in this respect, and the accuracy of any subsequent regularisation should the initial classification change.
25.3 The Contractor accepts no liability for any additional duty, penalty or reclassification cost arising from a change of intent, an incorrect initial declaration by the Client, or a failure to complete any regularisation procedure required by the destination country.
26. DIPLOMATIC STATUS, MILITARY PERSONNEL AND SPECIAL CATEGORIES:
26.1 Where the Client is a diplomat, member of the diplomatic or consular staff of a foreign mission, a member of the armed forces on posting or reassignment, an accredited employee of an international organisation, or otherwise entitled to a special customs regime by virtue of their status, the Client shall disclose this at Quotation stage and provide any specific documentation required (including diplomatic passport, diplomatic clearance, military movement orders, or equivalent).
26.2 The Contractor will follow the applicable special procedures to the extent practicable, but the Client remains responsible for arranging any diplomatic clearance, military authorisation, or protocol-specific formality required by the destination country.
26.3 Special status does not exempt the service from the payment provisions of Section IV and this Section, from these T&Cs generally, or from the Client's obligations regarding restricted or prohibited items.
27. CONSULAR LEGALISATION AND CERTIFICATES OF ORIGIN:
27.1 Some destination countries require documents relating to the shipment (packing lists, valuation certificates, certificates of origin, ownership declarations) to be legalised by their consulate or embassy in the country of origin before shipment. Where such consular legalisation is required, the cost is for the Client's account and is invoiced as a pass-through charge in accordance with clause 12.3.
27.2 The Contractor will identify at Quotation stage any consular legalisation requirement known to apply to the destination country. Where a requirement emerges after Quotation, clause 4.7 (Fluidity of border and customs requirements) applies.
28. MULTI-MODAL TRANSPORT AND MARITIME LEG:
28.1 Where the international removal service involves a maritime leg (for example, ferry crossing, roll-on/roll-off shipment, or containerised sea freight), the maritime portion is subject to the terms and conditions of the relevant shipping line or ferry operator, in addition to these T&Cs.
28.2 The Contractor's liability during the maritime leg is subject to the Hague-Visby Rules, the Hamburg Rules, the Rotterdam Rules, or other applicable maritime carriage regime as may apply to the specific voyage, in addition to The Contractor's Goods in Transit insurance.
28.3 Terminal handling charges, port charges, wharfage, demurrage, detention charges, container hire charges and similar port and shipping-related charges are for the Client's account and are invoiced as pass-through charges.
28.4 The Contractor accepts no liability for delay, damage or loss occurring during the maritime leg where the responsible party is the shipping line, port operator, terminal handler or other third party, save to the extent that The Contractor's Goods in Transit insurance responds to the claim.
29. FERRY AND TUNNEL BOOKING RISK:
29.1 The Contractor books ferry or tunnel passage as part of many European international removals. The Contractor is subject to the terms and availability of the relevant ferry operator or tunnel operator, and does not warrant any specific sailing time or departure schedule.
29.2 Where a booked ferry or tunnel service is cancelled, delayed, overbooked or otherwise unavailable due to circumstances beyond The Contractor's control (including weather, industrial action, security incidents, mechanical failure of the vessel or infrastructure, or operational decisions of the ferry or tunnel operator), The Contractor shall use reasonable endeavours to rebook the earliest available alternative service. Any additional cost of rebooking, waiting time, alternative accommodation for crew, or delay to the overall service is treated as an event outside The Contractor's control and is not compensable to the Client.
29.3 Cross-Channel and international ferry crossings are subject to variable capacity, seasonal booking constraints and peak-time surcharges. The Contractor's Quotation is based on the ferry availability and pricing at the date of Quotation. Where subsequent price increases or capacity constraints materially affect the cost of the service, clause 3.1 (Vis Major and material cost adjustments) applies.
30. INSURANCE SURVEY FOR HIGH-VALUE INTERNATIONAL SHIPMENTS:
30.1 Where the total declared value of the Goods for international removal exceeds £50,000.00, or where individual items of exceptional value (art, antiques, musical instruments, collections) are included, The Contractor may require an independent insurance survey and valuation report to be conducted before shipment, at the Client's cost.
30.2 The insurance survey serves both to document the pre-shipment condition of the high-value items and to support any specialised insurance cover arranged for the shipment. The Contractor may decline to accept high-value items for international transport without a satisfactory insurance survey.
30.3 Where the Client declines the insurance survey and requests that The Contractor nonetheless proceed with the transport of the high-value items, the standard Goods in Transit insurance limits apply and the Client bears the risk of any loss exceeding those limits.
SECTION XI: CLEANING SERVICES
1. SCOPE OF CLEANING SERVICES:
1.1 The Contractor offers the following cleaning services on a one-off, non-recurring basis:
1.1.1 post-move cleaning, being cleaning of a property following a removal service, whether at the origin property (move-out cleaning) or at the destination property (move-in cleaning);
1.1.2 deep cleaning, being a comprehensive one-off cleaning of a property including areas not typically covered by routine cleaning.
1.2 The Contractor does not offer regular, recurring or contract cleaning services. Any cleaning service booked with The Contractor is a one-off engagement unless specifically agreed in writing to the contrary.
1.3 Cleaning services are provided either directly by The Contractor's own cleaning crew or through approved cleaning subcontractors, at The Contractor's operational discretion in accordance with Section VI, clause 2.19. Where a subcontractor is engaged, these T&Cs continue to apply and The Contractor accepts responsibility for the acts of the subcontractor in the course of the service in accordance with Section VI, clause 2.17.
2. SCOPE OF WORK AND WHAT IS NOT INCLUDED:
2.1 The specific scope of cleaning for any booking is set out in the Quotation and Booking Confirmation. In the absence of specific inclusions, the following standard scope applies:
2.1.1 cleaning of internal floors, surfaces, walls (where light dusting is required), doors, skirting boards, light switches and sockets;
2.1.2 cleaning of kitchens including all standard appliances (oven, hob, extractor, fridge, freezer, dishwasher, microwave) inside and out where accessible;
2.1.3 cleaning of bathrooms including sanitary ware, tiles, mirrors and fittings;
2.1.4 cleaning of internal windows and window frames;
2.1.5 vacuuming and mopping of all accessible floor areas.
2.2 The following are not included in any standard cleaning service unless specifically agreed in writing and quoted separately:
2.2.1 external windows above ground floor level;
2.2.2 carpet or upholstery deep cleaning by machine, unless specifically booked;
2.2.3 mould, mildew or biohazard remediation;
2.2.4 cleaning of areas containing pests, vermin or infestation;
2.2.5 removal of large items of furniture or bulky waste;
2.2.6 cleaning of exterior areas including gardens, patios, driveways, garages and outbuildings;
2.2.7 cleaning above safe reach height without appropriate access equipment;
2.2.8 cleaning inside integrated appliances that require dismantling;
2.2.9 any work that would require the crew to work in unsafe conditions or that would breach the Manual Handling Operations Regulations 1992 or the Working at Height Regulations 2005.
3. CLIENT'S RESPONSIBILITIES FOR CLEANING SERVICES:
3.1 The Client is responsible for:
3.1.1 ensuring that the property is empty of personal belongings and free of obstruction on the agreed date, unless the cleaning is scheduled to take place during or after a booked removal service;
3.1.2 providing running water, electricity and where relevant hot water for the duration of the cleaning service;
3.1.3 ensuring safe access to the property, including keys or access codes as required;
3.1.4 informing The Contractor in writing at the Quotation stage of any pre-existing damage, staining, marking or condition affecting the property that may not respond to standard cleaning;
3.1.5 informing The Contractor of any specific requirements imposed by a landlord, letting agent, incoming buyer or other third party.
3.2 The Contractor accepts no liability for any failure to meet a third party's expectations or standards (including but not limited to landlord check-out reports, letting agent inspection standards or buyer walk-throughs) where the standard applied by the third party exceeds the reasonable standard of a comparable professional cleaning service.
4. PRE-EXISTING CONDITION AND LIMITS ON RESULTS:
4.1 Cleaning services aim to bring the property to a reasonable clean condition using professional cleaning methods and products. The Contractor does not guarantee that any specific stain, mark, discolouration, damage or deterioration will be removed by cleaning.
4.2 The Contractor accepts no liability for the following, whether or not identified before the service commences:
4.2.1 permanent staining, watermarking, limescale build-up, tobacco or nicotine staining beyond the ability of professional cleaning to remove;
4.2.2 damage to surfaces resulting from prior use, wear or previous cleaning attempts by others;
4.2.3 discolouration of natural stone, wood, painted surfaces, textiles or upholstery arising from professional cleaning of previously untreated conditions;
4.2.4 damage or deterioration of surfaces that were already in a compromised state prior to cleaning.
4.3 Where an area or item is in such a condition that professional cleaning is unlikely to produce a satisfactory result, The Contractor's crew may either decline to clean that specific area or item, or proceed only after notifying the Client that the result may be limited.
5. TIME ESTIMATES AND ADDITIONAL WORK:
5.1 Time estimates for cleaning services are indicative and based on the information provided by the Client at Quotation stage. Where the actual condition of the property differs materially from the information provided, or where additional cleaning is requested on site, the scope change provisions of Section IV, clause 12 apply.
5.2 The minimum charge for any cleaning service is £175.00 + VAT in accordance with Section III, clause 5.2.
6. INSPECTION AND SIGN-OFF:
6.1 Upon completion of the cleaning service, the Client or the Client's authorised representative is required to inspect the property and confirm satisfaction in writing, whether by signature on a completion note, email or WhatsApp message.
6.2 Any concerns regarding the standard of cleaning must be raised at the point of completion, before The Contractor's crew leaves the property. Where issues are raised at that time, The Contractor's crew will address them where reasonably practicable and within the time available.
6.3 The Contractor strongly recommends that the Client or the Client's authorised representative is present at completion to inspect the work and confirm satisfaction on site. Where nobody is present at completion, The Contractor's crew will produce comprehensive photographic documentation of every area cleaned and transmit that documentation to the Client electronically upon completion of the service. The photographic documentation shall serve as the evidential basis for the Client's assessment of the standard of cleaning performed. The Client shall confirm receipt and satisfaction, or raise specific objections, in writing within 72 hours of transmission of the photographic documentation. Failure to respond within 72 hours, or a response that does not identify specific defects with reference to the photographs supplied, shall be deemed as confirmation that the cleaning service was completed satisfactorily. Following deemed acceptance under this clause, no complaint regarding the standard of cleaning shall be entertained by The Contractor under any circumstances.
6.4 Complaints regarding the standard of cleaning that are raised after the crew has left the property and after the deemed acceptance period will not be entertained. The Contractor cannot verify the state of the property once other persons have had access.
7. LIABILITY FOR CLEANING SERVICES:
7.1 The Contractor's liability for cleaning services is limited to the total charges paid by the Client for the cleaning service in question, in accordance with the aggregate cap in Section IX, clause 11.
7.2 The Contractor accepts no liability for consequential loss arising from any perceived deficiency in cleaning, including but not limited to withheld tenancy deposits, delayed property completions or third party charges.
7.3 Where a landlord, letting agent or third party alleges that cleaning is inadequate, The Contractor may at its discretion offer a return visit to address specific identified issues, but is under no obligation to do so once the deemed acceptance period has passed.
8. HAZARDOUS CONDITIONS AND SUSPENSION:
8.1 Where The Contractor's crew encounters conditions that pose a health and safety risk, including but not limited to biohazards, needles, human or animal waste, mould infestation, pest infestation, hazardous chemicals or structural instability, the crew has the right to suspend the service immediately in accordance with Section VI, clause 2.18.
8.2 Where the service is suspended under this clause, the failed visit charge in Section IV, clause 16 applies, and The Contractor accepts no liability for any consequence arising from non-completion.
9. CHEMICALS, ALLERGIES AND HEALTH:
9.1 The Contractor's cleaning services involve the use of professional cleaning chemicals, detergents, disinfectants and cleaning agents that are lawful for professional use. Some of these products contain substances that may cause allergic reactions, irritation of skin, eyes or respiratory system, or other health effects in sensitive individuals.
9.2 The Client is responsible for informing The Contractor in writing at the Quotation stage of any known allergies, sensitivities or medical conditions affecting the Client or any member of the Client's household that could be aggravated by cleaning chemicals. Where such conditions are disclosed, The Contractor may, at its discretion, adjust the cleaning products used, though The Contractor does not warrant the availability of any specific hypoallergenic or specialist product range.
9.3 The Client is responsible for ensuring adequate ventilation of the property during and after the cleaning service, for supervising children, pets, elderly persons and vulnerable individuals to keep them clear of the cleaning area and any freshly cleaned surfaces, and for allowing sufficient time for chemicals to dry and dissipate before the property is reoccupied.
9.4 The Contractor accepts no liability for any allergic reaction, health effect or discomfort suffered by the Client, any member of the Client's household or any third party, arising from the use of cleaning chemicals or any residual product on cleaned surfaces, save where such reaction results from the use of a substance that The Contractor should not lawfully have used or that was contra-indicated for a condition specifically disclosed by the Client in writing prior to the service.
10. PERSONAL BELONGINGS LEFT IN THE PROPERTY:
10.1 Where the cleaning service is booked on the basis that the property is empty of personal belongings, the Client is responsible for ensuring that all personal belongings have been removed prior to the crew's arrival. This includes items in cupboards, drawers, wardrobes, under beds, in lofts, cellars, garages and outbuildings.
10.2 The Contractor's crew is not able to distinguish between rubbish, items of no value, items intended for disposal and items of value that the Client may have overlooked. The Contractor may, at its discretion, dispose of items left in the property that appear to be rubbish or of no value, without further reference to the Client and without liability.
10.3 The Contractor accepts no liability for any personal belonging left in the property that is disposed of, damaged, moved or handled by the crew during the cleaning service. The Client's remedy in respect of such items is limited to attempting to recover them from the crew before the crew leaves the property.
10.4 Where the Client wishes any specific items to be handled with particular care, retained or set aside for collection, such items must be identified in writing by email or WhatsApp before the crew arrives. Verbal instructions to the crew on site are not sufficient.
11. PRE-EXISTING PROPERTY DEFECTS REVEALED BY CLEANING:
11.1 Professional cleaning can occasionally reveal or aggravate pre-existing defects in the property, including but not limited to: defective plumbing seals, damaged tile grout, loose fittings, weakened paint or plaster, faulty electrical fittings, damaged flooring or wall coverings, and any other latent condition of the property.
11.2 The Contractor accepts no liability for any pre-existing defect that is revealed, aggravated or made apparent by the ordinary process of cleaning. This includes but is not limited to water leaks arising from cleaning of previously untested seals, structural cracks becoming visible after cleaning of surface finishes, and detachment of fittings that were already loose.
11.3 Where a defect is discovered during the cleaning service, The Contractor's crew will notify the Client as soon as reasonably practicable and, where possible, pause work on the affected area. The Client is responsible for arranging any necessary repair or investigation.
12. CARPETS AND SPECIALIST CLEANING:
12.1 Standard cleaning services include vacuuming of all accessible carpeted areas and spot treatment of visible marks or spills using standard professional cleaning products. Standard cleaning does not include:
12.1.1 hot water extraction cleaning, steam cleaning or shampooing of carpets;
12.1.2 specialist stain removal treatments;
12.1.3 treatment of pet urine, mould or long-standing organic staining;
12.1.4 machine-based deep cleaning of upholstery, curtains or fabric surfaces.
12.2 Where the Client requires specialist carpet or fabric cleaning, this must be specifically booked as an additional service and priced separately.
12.3 The Contractor accepts no liability for any perceived deficiency in the standard of carpet or fabric cleaning where the Client did not book the appropriate specialist service.
13. KEYS AND SECURING THE PROPERTY:
13.1 Where the Client provides The Contractor with keys or access codes to allow the crew to attend the property unsupervised, the following applies:
13.1.1 the Client must send written authorisation by email to The Contractor's office prior to the Move Date confirming that the crew is authorised to enter and secure the property, in accordance with Section V, clause 2.28;
13.1.2 at the end of the service, the crew will secure the property (lock all doors and windows that were unlocked at the start of the service) and return the keys to a location or person identified by the Client in writing before the crew's arrival;
13.1.3 where the Client specifies return of keys to a letting agent, estate agent, neighbour or other third party, the Client is responsible for confirming that the recipient will be available to receive the keys at the expected time;
13.1.4 where the specified recipient is unavailable and the crew is required to wait or return, waiting time charges at £25.00 + VAT per person per hour apply;
13.1.5 The Contractor accepts no liability for any consequence of key return arrangements failing due to the unavailability of the recipient specified by the Client, or for the actions of any recipient after keys have been handed over.
14. ON-SITE REVISED QUOTATION:
14.1 Where, upon arrival at the property, The Contractor's crew determines that the actual condition of the property differs materially from the description provided at the Quotation stage, and that the standard scope or agreed time is insufficient to achieve a reasonable clean, The Contractor is entitled to:
14.1.1 issue a revised Quotation on site, reflecting the actual scope required;
14.1.2 require the Client to approve the revised Quotation in writing (by WhatsApp, email or other written means) before the service commences or continues;
14.1.3 where the Client refuses to approve the revised Quotation, limit the service to what can reasonably be completed within the originally quoted time and scope, or decline the service entirely, in which case the failed visit charge in Section IV, clause 16 applies.
14.2 Materially different conditions include but are not limited to: significantly higher levels of dirt, grease or staining than represented; presence of hoarding conditions; residual belongings not removed; additional rooms or areas not disclosed; or any other condition requiring materially more time or specialist products than represented at Quotation stage.
15. UTILITY COSTS AND SUPPLY:
15.1 The Client is responsible for the cost of all utilities used during the cleaning service, including electricity, hot and cold water, gas (where relevant for hot water) and any other utility required by the crew to perform the service.
15.2 The Client warrants that all utilities are connected, functional and paid up to date at the time of the service. Where a utility supply is interrupted or unavailable, The Contractor's crew may suspend the service and the failed visit charge in Section IV, clause 16 applies.
16. STAIN REMOVAL AND SURFACE RISK:
16.1 Attempts to remove difficult stains, marks or embedded dirt may require the use of stronger cleaning products, longer contact times, or more aggressive mechanical action. These methods carry a risk of altering the appearance of the underlying surface, including but not limited to: lightening of dyed carpets or fabrics, dulling of polished finishes, removal of protective coatings, discolouration of grouting, or removal of surface layers.
16.2 Where the Client requests removal of a specific stain, mark or embedded condition, the Client accepts that such attempt may result in visible change to the underlying surface. The Client authorises The Contractor's crew to proceed with reasonable stain removal methods at the Client's own risk in respect of the appearance of the underlying surface.
16.3 The Contractor accepts no liability for any change to the appearance of any surface arising from attempts to remove stains, marks or embedded conditions at the Client's request or in the ordinary course of professional cleaning.
16.4 The Contractor does not guarantee the successful removal of any specific stain, mark or embedded condition. Where a stain cannot be removed without disproportionate risk to the surface, The Contractor's crew may decline to attempt removal.
17. TIME LIMITS FOR CLEANING CLAIMS:
17.1 Any concern regarding the standard of cleaning must be raised by the Client or the Client's authorised representative to The Contractor's crew immediately upon the crew signalling completion of the service and before the crew leaves the property. This is the only opportunity for the Client to raise concerns, request rectification of specific defects, and have those addressed as part of the service.
17.2 Where the Client is not present at completion, the deemed acceptance procedure in clause 6.3 applies. The 72-hour window from transmission of photographic documentation is the only opportunity to raise concerns.
17.3 No claim, complaint or dispute regarding the standard of cleaning shall be entertained by The Contractor after:
17.3.1 the crew has left the property, where the Client was present at completion; or
17.3.2 the 72-hour deemed acceptance period has expired, where the Client was not present at completion.
17.4 This is an absolute time bar. The Contractor cannot verify the condition of the property once other persons have had access, and the possibility of subsequent contamination, damage or use of the property means that later inspection is not evidential of the standard achieved by the cleaning service.
17.5 Notwithstanding this clause, statutory rights of the Client that cannot lawfully be excluded are preserved.
SECTION XII: PIANO REMOVALS
1. SCOPE AND CATEGORIES:
1.1 The Contractor provides removal services for pianos of the following categories:
1.1.1 upright pianos, including all vertical piano styles;
1.1.2 grand pianos, including baby grand, parlour grand and semi-concert grand pianos.
1.2 Concert grand pianos are accepted for removal only where expressly included in the Service Agreement, subject to Survey, specialist arrangements and specialist pricing. The Contractor does not accept concert grand pianos as part of standard piano removal services. The same requirement applies to historic pianos, valuable antique pianos and any piano of exceptional individual value, being any piano with an estimated value of £2,000.00 or more.
1.3 Piano removals are provided either directly by The Contractor's crew using specialist equipment, or through approved specialist piano movers acting as subcontractors, at The Contractor's operational discretion.
2. MANDATORY SURVEY:
2.1 All piano removals are subject to a mandatory Survey prior to Quotation, which may be conducted in person, virtually or on the basis of comprehensive photographs and video provided by the Client. The Survey must establish at minimum:
2.1.1 the category, make, model, weight and dimensions of the piano;
2.1.2 the age and general condition of the piano;
2.1.3 the access conditions at both the collection and delivery addresses, including number of flights of stairs, presence of lifts and their dimensions, doorway widths, corners, external access and any obstruction;
2.1.4 any known pre-existing damage, structural weakness, loose components or repair history.
2.2 The Contractor may decline to provide a Quotation where the Survey is inadequate to assess the risk of the removal.
3. CLIENT'S RESPONSIBILITIES:
3.1 The Client warrants that all information provided in respect of the piano, including its condition, dimensions and access requirements, is accurate and complete.
3.2 The Client is responsible for:
3.2.1 ensuring that the piano is unlocked and, in the case of a grand piano, that the lid can be secured for transport;
3.2.2 removing any loose accessories, sheet music, ornaments or other items from the piano prior to the crew's arrival;
3.2.3 informing The Contractor in writing of any known structural weakness, damaged component, worn caster or wheel, loose leg or pedal, or any prior repair;
3.2.4 declaring the estimated value of the piano in accordance with Section V, clause 2.2 (High-Value Items). Any piano with an estimated value of £2,000.00 or more must be declared to The Contractor in writing prior to the service, and is subject to the specific inclusion requirement in the Service Agreement set out in clause 1.2 of this Section. Failure to declare a piano of value £2,000.00 or more prior to the service limits The Contractor's liability for that piano to the standard High-Value Item cap set out in Section I, clause 3.8.
3.3 The Client acknowledges that pianos are inherently heavy, delicate and complex instruments that carry a higher-than-average risk during transport compared with ordinary furniture. The Client accepts this inherent risk when engaging The Contractor's services.
3.4 Positioning and access to the piano at the collection point. Where the piano is positioned against a wall, in a corner, or in any location that requires it to be moved from its resting position in order to access lifting handles, straps, castors or the underside of the instrument, the Client acknowledges that the initial repositioning of the piano is a necessary preliminary step and carries inherent risk to the surrounding floor surface.
3.5 The Client is responsible for informing The Contractor at Survey stage of the piano's exact position, the type of floor surface beneath and around it, and the presence or absence of protective castor cups, felt pads, protective mats or any other flooring protection. Where such protection is not in place at the time of collection, the Client accepts the risk of damage to the floor arising from the ordinary movement of the piano necessary to access the instrument.
3.6 The Contractor accepts no liability for any damage to floor coverings, floor finishes, floorboards, carpets, tiles, laminate, engineered wood or any other floor surface arising from the initial repositioning of the piano at the collection point where such repositioning is necessary to gain access to lifting handles, castors or the underside of the instrument. This exclusion applies whether or not floor protection is in place, and applies in particular where the Client has failed to provide adequate protection prior to the crew's arrival.
3.7 Where the Client wishes The Contractor to provide floor protection at the collection or delivery point, this must be identified and booked at Survey stage as an additional service and priced separately. The Contractor's crew does not carry standard protective materials appropriate for all floor types.
4. EXCLUSIONS FROM LIABILITY SPECIFIC TO PIANOS:
4.1 In addition to the general exclusions in Section IX, The Contractor accepts no liability for:
4.1.1 any change in tuning of the piano arising from movement, temperature or humidity change. Tuning is not warranted, and re-tuning after transport is standard industry practice at the Client's cost;
4.1.2 any effect on the acoustic properties, tone, action, touch or voicing of the piano arising from movement;
4.1.3 internal mechanical damage that is not evidenced by clear external impact by The Contractor's crew;
4.1.4 failure of any caster, wheel, leg, pedal or component with pre-existing wear, weakness or damage, even where such failure occurs during handling by The Contractor's crew;
4.1.5 damage to case finish, polish, veneer or lacquer arising from the ordinary handling of a piano with pre-existing surface deterioration;
4.1.6 damage to internal frame, soundboard, bridges, pins or hammers, save where directly caused by a clear external impact evidenced photographically at the time.
4.2 The Contractor's liability for damage to a piano, where accepted, is capped in accordance with Section IX, clause 2.2, subject to the Client's declaration of value at the point of Survey.
5. ACCESS AND REFUSAL:
5.1 The Contractor's crew reserves the right to refuse to move a piano where, upon arrival at the property, it is determined that:
5.1.1 the access conditions differ materially from those represented at Survey and cannot be safely negotiated with the equipment and crew present;
5.1.2 the piano is in a condition where any movement is likely to cause significant damage;
5.1.3 the movement would breach the Manual Handling Operations Regulations 1992;
5.1.4 specialist equipment (piano dollies, ramps, hoists) not previously identified as necessary is required and is not available.
5.2 Where the crew refuses to move a piano under this clause, the failed visit charge in Section IV, clause 16 applies. The Contractor will use reasonable endeavours to reschedule the service with appropriate equipment or specialist subcontractors at the Client's cost.
6. HOISTING, CRANING AND SPECIALIST EQUIPMENT:
6.1 Where access at either the collection or delivery address requires the piano to be raised or lowered by external crane, hoist or window removal, this is a specialist operation that must be identified at Survey stage and quoted separately.
6.2 Where external craning or window removal is required, The Contractor may engage a specialist subcontractor. Any damage to the property arising from window removal, hoisting equipment or crane operation is subject to Section IX, clause 8 (Damage to Premises).
6.3 The Client is responsible for obtaining any permissions required from building management, freeholders, landlords or local authority for external craning or window removal.
7. INSURANCE FOR HIGH-VALUE PIANOS:
7.1 The Client is strongly advised to arrange separate specialist insurance for pianos of exceptional value, historic pianos, concert grands and any piano where the value exceeds the applicable liability cap under Section IX.
7.2 The absence of the Client's own specialist insurance does not increase The Contractor's liability.
8. GRAND PIANO DISMANTLING AND REASSEMBLY:
8.1 Grand pianos require partial dismantling for safe transport, including but not limited to removal of legs, pedal lyre and, in some cases, the music desk. This dismantling and subsequent reassembly is a standard operational element of a grand piano removal.
8.2 The Contractor's crew performs standard dismantling and reassembly of grand pianos according to industry-standard method, using standard tools and techniques appropriate to the make and model of the instrument. Standard dismantling and reassembly is included within the standard piano removal service and is not equivalent to specialist restoration, rebuilding or bespoke technician work.
8.3 Where the Client requires the dismantling and reassembly to be carried out by a specialist piano technician rather than by The Contractor's crew, this must be identified and booked at Survey stage as an additional service, and priced separately. The Client is responsible for engaging the specialist and coordinating their attendance with The Contractor. On request, The Contractor may recommend a specialist piano technician from its network of trusted contacts. Where the Client engages a specialist recommended by The Contractor, all costs of the specialist's services are payable directly by the Client to the specialist or through The Contractor as an itemised pass-through charge. The Contractor's recommendation of a specialist does not constitute an endorsement, warranty or guarantee of that specialist's work, and clause 12 of this Section applies to any such engagement.
8.4 Where The Contractor collects a grand piano from a Client's storage facility, a third party storage facility, or any location where the piano has been previously dismantled by another party (whether professional or otherwise), The Contractor accepts no liability for any defect, weakness, damage or condition arising from the manner in which the piano was previously dismantled, stored or maintained. The Contractor's responsibility begins at the moment of collection and extends only to the ordinary care and handling of the piano in the condition in which it is presented. The Client is responsible for satisfying themselves that any prior dismantling was carried out properly.
8.5 Where The Contractor identifies at collection that a piano has been improperly dismantled or is in a state that presents a risk to the piano or the crew during transport, The Contractor's crew may decline to proceed with the removal in accordance with clause 5, and the failed visit charge in Section IV, clause 16 applies.
9. STAIRS, ACCESS AND CREW COMPOSITION:
9.1 The Client is responsible for informing The Contractor at Survey stage of all stairs, corners, doorway restrictions, level changes and any other access feature at both the collection and delivery addresses. Accurate information at Survey stage enables The Contractor to allocate the appropriate crew size and expertise for safe handling of the piano.
9.2 Where the access at either address includes stairs, or otherwise requires more than standard handling effort, The Contractor may allocate a larger crew for the service. Piano removals over stairs are not a matter of specialist equipment alone, but of experienced crew members trained in the correct techniques for controlled movement of a heavy instrument.
9.3 Where the actual access conditions on the Move Date differ materially from those represented at Survey stage, and additional crew members are required to complete the service safely, the scope change provisions of Section IV, clause 12 apply and additional labour charges become payable by the Client. Where sufficient crew cannot be arranged at short notice, The Contractor may reschedule the service and charge waiting time and travel costs incurred up to that point.
10. PHOTOGRAPHIC DOCUMENTATION FOR PIANO REMOVALS:
10.1 The Contractor's crew will produce photographic documentation of the piano at collection, before dismantling (where applicable), after loading, at unloading, after reassembly (where applicable), and at final positioning. This documentation forms the primary record of the condition of the piano through each stage of the service.
10.2 The photographic documentation is retained by The Contractor in accordance with Section VII, clause 3.3 and Section XI (Data Protection). The Client may request copies of the documentation within the retention period.
10.3 Where the Client is not present at collection or delivery, the deemed acceptance provisions of Section II, clauses 3.1.2 and 3.1.3 apply, based on the photographic documentation transmitted to the Client.
11. VEHICLE SELECTION FOR PIANO TRANSPORT:
11.1 The selection of vehicle used to transport the piano is a matter of operational discretion for The Contractor. The Contractor uses vehicles appropriate to the size, weight and category of the piano being transported, taking into account the routes and access conditions involved.
11.2 The Contractor uses appropriate piano trolleys (piano dollies) and standard piano moving equipment on all piano removals to protect the instrument during handling. Use of piano trolleys is standard practice and is included in the standard service.
11.3 The Client is not entitled to require the use of any specific vehicle type or specialist transport arrangement, save where a specialist arrangement has been expressly booked as an additional service at Survey stage.
12. THIRD PARTY TUNERS AND TECHNICIANS:
12.1 The Contractor may, on request, provide contact details for piano tuners or piano technicians as a courtesy to the Client. Any such information is provided as an informational referral only and does not constitute a recommendation, warranty or endorsement of the individual or firm concerned.
12.2 Any engagement of a tuner or technician by the Client is a matter between the Client and that third party. The Contractor accepts no liability for the acts, omissions, cost or workmanship of any tuner or technician engaged by the Client, whether or not their contact details were provided by The Contractor.
13. PIANO STORAGE:
13.1 The Contractor's standard Storage Facility is a general-purpose commercial storage environment as described in Section VIII, clause 12. Standard storage does not provide climate-controlled conditions and is not designed to maintain the specific temperature and humidity range required for the long-term preservation of pianos.
13.2 Where the Client requires storage of a piano, the Client must either:
13.2.1 accept the risk of storing the piano in standard commercial storage conditions, in which case The Contractor accepts no liability for any change in tuning, action, tone, condition of soundboard, bridges, pins, hammers, case finish or any other effect arising from ambient storage conditions; or
13.2.2 request in writing at the time of booking that specialist climate-controlled storage suitable for pianos be arranged. The Contractor may, on special request and subject to availability, arrange specialist storage of this nature at additional cost quoted separately.
14. DIGITAL PIANOS, KEYBOARDS AND ELECTRONIC INSTRUMENTS:
14.1 This Section XII applies exclusively to acoustic pianos, being upright pianos and grand pianos with mechanical action and acoustic soundboards.
14.2 Digital pianos, electric pianos, hybrid pianos, stage pianos, keyboards, digital organs, synthesizers and any other electronic musical instrument are not treated as pianos for the purposes of these T&Cs. Such instruments are transported and stored as electronic equipment and are subject to the general liability exclusions in Section IX, in particular Section IX, clause 3.1.6 (electrical or mechanical derangement).
14.3 The Client shall not represent a digital or electronic instrument as an acoustic piano for the purposes of insurance, declaration of value or claims under this Section.
15. TIME LIMITS FOR PIANO CLAIMS:
15.1 Any claim for loss of or damage to a piano must be raised in accordance with the time limits in Section IX, clause 6. In summary: any visible damage or loss must be noted on the Delivery Note at the point of handover, or communicated in writing within 7 calendar days of delivery. No claim will be considered more than 7 calendar days after the date of delivery. This is an absolute time bar.
15.2 Any perceived change in tuning, tone, action, touch or voicing of the piano after transport is expressly excluded from liability in accordance with clause 4.1 of this Section, and no claim in respect of such matters shall be entertained regardless of when raised.
15.3 Alleged internal mechanical damage, structural damage to the frame or soundboard, damage to bridges, pins or hammers, or any similar internal defect must be reported within 7 calendar days of delivery and must be supported by a written report from a qualified piano technician instructed by the Client at the Client's cost. Absence of such a report within the 7-day period shall be treated as absence of the claim.
16. MARKET VALUE, RESALE VALUE AND APPRAISAL:
16.1 The Contractor's liability, where accepted, is limited to the current market value of the piano at the time of loss or damage, or the reasonable cost of repair, whichever is lower, in accordance with Section IX, clause 2.2.2. The Contractor does not offer new-for-old replacement.
16.2 The Contractor accepts no liability for any perceived reduction in the resale value, collector value, insurance value or commercial value of a piano arising from the fact that it has been transported. Movement of a piano is a normal event in the life of the instrument, and any argument that transport itself has diminished the commercial or collector value of the piano is expressly excluded from The Contractor's liability.
16.3 The Contractor accepts no liability for the cost of any re-appraisal, re-valuation, insurance revaluation or condition report obtained by the Client following the transport of the piano.
17. ENVIRONMENTAL EFFECTS DURING TRANSPORT:
17.1 Pianos are sensitive to changes in temperature and humidity. Even short journeys and standard transit periods can result in natural expansion, contraction or movement of wooden components, small changes in tuning, and other environmental effects on the instrument.
17.2 The Contractor accepts no liability for any natural effect of environmental conditions during transport that is not the result of a specific act of negligence by The Contractor's crew, including but not limited to: hairline cracks arising from natural expansion or contraction of the soundboard, minor movement of bridges or pins, changes in tuning or voicing, or any similar effect that is inherent to the process of moving a piano.
SECTION XIII: COMMERCIAL RELOCATIONS
1. SCOPE:
1.1 This Section applies to commercial relocations, meaning removal or relocation services engaged by a business Client for the transfer of commercial premises, equipment, stock, records or fit-out. Commercial relocations include but are not limited to:
1.1.1 office relocations of any scale, from single offices to multi-hundred workstation moves;
1.1.2 restaurant, café, bar and retail relocations;
1.1.3 warehouse and industrial relocations;
1.1.4 partial relocations, phased moves, decants and reinstatements.
1.2 The general provisions of these T&Cs apply to commercial relocations save where varied by this Section. In the event of any inconsistency between this Section and the general provisions, this Section prevails for commercial engagements.
1.3 Commercial relocations may be carried out during standard working hours, at evenings, at weekends, overnight, or in staged phases over multiple days or weeks, as required to minimise disruption to the Client's business operations. The specific working pattern will be identified in the Quotation.
2. CONTRACTING PARTY AND AUTHORITY:
2.1 Where the Client is a business, the individual entering into the Service Agreement on behalf of the Client warrants that they are duly authorised to bind the business Client to these T&Cs.
2.2 The business Client warrants that any information provided about the premises, contents, employees, third-party contractors or other stakeholders is accurate.
2.3 The Client shall nominate a single named individual as the Client's primary point of contact for the duration of the relocation. That individual has sole authority to give instructions to The Contractor's crew on site, to approve scope changes in accordance with Section IV, clause 12, and to authorise any variation to the agreed service.
2.4 The Contractor's crew shall not action instructions given by any other employee, department head, executive, agent, contractor or third party present at the premises, regardless of their apparent authority, unless such instructions are relayed through the nominated point of contact or confirmed in writing by the nominated point of contact by email or WhatsApp. This protection applies at all levels of the Client's organisation. The Contractor accepts no liability for any consequence of declining to action instructions that do not come from or are not confirmed by the nominated point of contact.
3. PROJECT PLANNING AND SURVEY:
3.1 Commercial relocations of significant scale are subject to a detailed pre-move Survey and project plan. The Survey will identify:
3.1.1 inventory of items to be moved, including specialist equipment, IT infrastructure, records and fittings;
3.1.2 access conditions, loading bay availability, lift bookings and building management requirements at both locations;
3.1.3 required working hours and any restrictions on noise, access or activity;
3.1.4 sequence of moves, particularly for phased relocations;
3.1.5 labelling and identification system for departments, floors or teams;
3.1.6 any specialist handling requirements (safes, servers, artwork, plants).
3.2 The Client is responsible for obtaining all necessary permissions from landlords, building managers, freeholders, local authorities and any other stakeholder in advance of the Move Date.
4. IT EQUIPMENT AND DATA:
4.1 The Contractor will physically transport IT equipment, servers, network hardware, computers, telephones and peripheral devices with reasonable care.
4.2 The Contractor accepts no liability whatsoever for:
4.2.1 loss, corruption or unavailability of data stored on any IT equipment during or as a result of the relocation;
4.2.2 failure of any IT equipment to function after relocation;
4.2.3 any downtime, business interruption or consequential loss arising from IT equipment issues.
4.3 The Client is solely responsible for backing up all data prior to the relocation, and for disconnecting, reconnecting and testing all IT equipment. The Contractor does not disconnect, reconnect or configure IT equipment unless this has been specifically included in the scope of service and priced accordingly.
4.4 Where The Contractor is engaged to disconnect or reconnect IT equipment, this service is provided on a reasonable care basis only. The Contractor accepts no liability for the operational functionality of the equipment following the service.
5. STOCK, RECORDS AND CONFIDENTIAL MATERIAL:
5.1 The Client warrants that all commercial stock, records, documents and confidential material presented for relocation are lawful, correctly labelled and comply with all applicable regulatory requirements.
5.2 The Contractor accepts no liability for loss or damage to records, documents or confidential material unless such items are contained in sealed, labelled containers packed and closed by the Client.
5.3 Where the Client requires The Contractor to observe specific confidentiality or data protection procedures during the relocation, these must be agreed in writing prior to the service. The Contractor's standard obligations of confidentiality are set out in Section XVI (General Conditions).
6. SPECIALIST ITEMS IN COMMERCIAL PREMISES:
6.1 The following specialist items are accepted for relocation only where expressly included in the Service Agreement and subject to specialist arrangements:
6.1.1 safes and vaults;
6.1.2 commercial kitchen equipment including cold storage, ranges, extraction and refrigeration units;
6.1.3 laboratory equipment, medical devices and any equipment requiring specialist calibration after movement;
6.1.4 heavy machinery, industrial equipment and any item requiring mechanical lifting equipment;
6.1.5 commercial fixtures and fittings requiring dismantling and reassembly.
6.2 The Client is responsible for arranging any specialist decommissioning, isolation or preparation of such items before The Contractor's crew arrives. The Contractor does not disconnect gas, plumbing, electrical or mechanical services unless specifically agreed in writing and where appropriately qualified personnel are engaged.
7. BUSINESS INTERRUPTION AND CONSEQUENTIAL LOSS:
7.1 The organisation of the relocation timing, sequencing, business continuity arrangements and any business operations affected by the relocation remains in the Client's hands. It is important that the Client organises these matters, and The Contractor will adapt its operations to fit the Client's plan within the agreed scope of service. The Contractor accepts no liability for business interruption, loss of trade, loss of profit, loss of goodwill, delay in commencement of operations at the destination premises, or any other consequential loss arising in connection with the relocation.
7.2 The Client acknowledges that commercial relocations inherently involve some disruption to business operations, and undertakes not to hold The Contractor liable for such disruption.
7.3 The Client shall maintain its own business interruption insurance appropriate to the scale and value of the relocation. The Client's insurance shall not have any right of subrogation against The Contractor beyond the limits of The Contractor's liability set out in Section IX.
8. LIABILITY AGGREGATE AND B2B EXCLUSIONS:
8.1 For commercial relocations, the aggregate liability cap in Section IX, clause 11 applies. The Contractor's total aggregate liability arising from a single commercial Service Agreement shall not exceed the greater of the total charges paid by the Client or £50,000.00 per vehicle.
8.2 Statutory consumer protections do not apply to business Clients. The Contractor's liability to business Clients is limited to the express terms of these T&Cs. All implied warranties, conditions and terms that would otherwise apply as a matter of statute or common law are excluded to the fullest extent permitted by law.
9. PAYMENT TERMS FOR COMMERCIAL RELOCATIONS:
9.1 Commercial relocations are subject to the payment terms set out in Section IV, with the following modifications:
9.1.1 the Prepayment for commercial relocations may be set at up to 50% of the total agreed price, reflecting the higher level of committed operational cost;
9.1.2 staged and phased relocations may be invoiced by stage, with each stage subject to its own Prepayment and balance payment terms;
9.1.3 larger commercial engagements may be subject to credit account terms agreed in writing prior to commencement.
9.2 Late payment interest for business Clients is at the statutory rate under the Late Payment of Commercial Debts (Interest) Act 1998, or at the rate set out in Section IV, clause 5, whichever is higher.
10. WORKING HOURS AND UNSOCIAL HOURS:
10.1 Where commercial relocations require work outside standard working hours (as defined in Section I, clause 2.7), additional charges apply, to be quoted at the Survey stage.
10.2 Weekend work, night work and public holiday work are subject to the surcharge structure in Section III, clause 6, unless a different structure has been agreed in writing at the Quotation stage.
11. CLIENT'S RESPONSIBILITY FOR OWN PERSONNEL:
11.1 The Client bears sole responsibility for the wellbeing, safety and welfare of its own personnel, employees, contractors, agents and any other persons present at its premises during the relocation, whether at the origin premises, the destination premises, or in transit between the two.
11.2 The Client's responsibility under clause 11.1 is discharged by way of the Client's own Public Liability insurance, Employers' Liability insurance, Professional Indemnity insurance and any other insurance policy appropriate to the Client's operations. The Client warrants that all such insurance policies are current and adequate for the scale of the relocation.
11.3 The Client is responsible for conducting its own risk assessment of the premises during the relocation, for ensuring that the working environment is safe for its own personnel throughout the service, and for taking any protective measures necessary to safeguard its personnel from the activities of The Contractor's crew.
11.4 The Contractor's crew provides removal and relocation services within the Client's operational ecosystem. The Contractor accepts no responsibility for that ecosystem, its layout, its condition, its compliance with health and safety regulations, or the welfare of any of the Client's personnel operating within it. The Client's personnel are the Client's responsibility.
11.5 The Client indemnifies The Contractor against any claim brought by the Client's personnel or any third party present at the Client's premises arising from any circumstance for which the Client is responsible under this clause.
12. BUILDING MANAGEMENT AND OUT-OF-HOURS ACCESS:
12.1 The Client is responsible for obtaining and coordinating all access requirements imposed by building management, freeholders, landlords, letting agents, security companies or any other party controlling access to the premises. This includes but is not limited to: out-of-hours access permits, security clearance for The Contractor's crew, lift bookings, loading bay reservations, contractor sign-in procedures, escort requirements and any related documentation.
12.2 The Client shall provide The Contractor with copies of all relevant building rules, contractor safety procedures and access protocols in advance of the Move Date. The Contractor's crew will comply with reasonable building requirements provided they have been communicated in advance.
12.3 Where access is delayed, refused or terminated by building management for any reason not attributable to The Contractor, waiting time charges apply in accordance with Section IV, and the failed visit charge in Section IV, clause 16 applies where the service cannot be completed.
12.4 The Contractor accepts no liability for any building management fine, penalty or additional charge imposed on the Client arising from the relocation.
13. HAZARDOUS MATERIALS IN COMMERCIAL PREMISES:
13.1 Commercial premises frequently contain hazardous materials, including but not limited to: kitchen cleaning solvents and degreasers, industrial chemicals, laboratory reagents, medical substances, printer toner and ink cartridges, gas cylinders, aerosols, fuels, paints, adhesives, batteries and any other material classified as hazardous under the Control of Substances Hazardous to Health Regulations 2002 (COSHH) or similar legislation.
13.2 The Client is responsible for identifying, isolating, securing and appropriately labelling all hazardous materials present at the premises prior to the crew's arrival. Hazardous materials must not be presented to The Contractor for transport unless specifically declared in writing at the Quotation stage and expressly accepted by The Contractor.
13.3 Where hazardous materials are discovered during the relocation that were not declared in advance, The Contractor's crew may:
13.3.1 refuse to move the affected items or containers;
13.3.2 suspend work in the affected area pending removal of the hazard by the Client;
13.3.3 require the Client to arrange appropriate disposal at the Client's cost.
13.4 The Client fully indemnifies The Contractor against any loss, damage, injury, fine, prosecution, environmental claim or clean-up cost arising from the presence of undeclared hazardous materials.
14. CONFIDENTIAL MATERIAL AND INTELLECTUAL PROPERTY:
14.1 The Client is responsible for the packing, sealing and identification of any confidential, sensitive or proprietary material for relocation, including but not limited to: confidential documents, personnel records, financial records, client data, product prototypes, samples, intellectual property materials, research data and any material subject to non-disclosure obligations.
14.2 The Contractor's crew handles such material as sealed containers only and does not open, inspect or access the contents of any sealed container. The Contractor accepts no liability for any breach of confidentiality, data protection obligation, intellectual property right or non-disclosure agreement arising from the transport of material that was not properly sealed or labelled by the Client.
14.3 The Contractor operates general standards of confidentiality in the ordinary course of its business as set out in Section XVI (General Conditions). Enhanced or bespoke confidentiality requirements, including but not limited to non-disclosure agreements, sector-specific data handling procedures, or specific chain-of-custody protocols, must be agreed in writing prior to the service and may attract additional charges.
14.4 The Client is responsible for maintaining copies, backups or duplicates of any critical documentation or intellectual property prior to relocation. The Contractor accepts no liability for the reconstruction of any confidential or proprietary material.
15. INSURANCE REQUIREMENTS FOR LARGE COMMERCIAL RELOCATIONS:
15.1 The Contractor's standard insurance limits apply to all commercial relocations, as set out in Section IX. Where the value of the Client's assets to be relocated exceeds the standard limits, the Client is responsible for arranging additional cover through the Client's own insurance policies.
15.2 Where the Client requires The Contractor to arrange enhanced insurance cover specifically for the relocation, this must be identified at the Quotation stage and priced separately. The Contractor may, at its discretion, arrange enhanced cover through its own broker and pass the cost to the Client.
15.3 The absence of enhanced cover does not increase The Contractor's liability. Where the Client has not arranged additional cover and has not requested enhanced cover from The Contractor, the standard liability limits in Section IX apply, and any shortfall between the Client's asset value and those limits is the Client's own risk.
16. HANDOVER DOCUMENTATION:
16.1 On completion of a commercial relocation, The Contractor will provide the Client with the following standard documentation:
16.1.1 a signed Delivery Note confirming completion of the service;
16.1.2 an invoice for the services performed.
16.2 Where the Client requires additional documentation for internal accounting, insurance, compliance or audit purposes, including but not limited to: enhanced chain-of-custody records, detailed timing logs, photographic documentation packages, or bespoke reporting, such documentation must be identified at the Quotation stage and priced separately.
16.3 The Contractor's retention periods for documentation and photographic records are as set out in Section XI (Data Protection).
17. PHASED RELOCATIONS AND STAGED INVOICING:
17.1 Where a commercial relocation is performed in phases over multiple days, weeks or months, each phase shall be treated as a distinct stage of the overall Service Agreement for the purposes of payment, completion, inspection and claims.
17.2 Each phase is subject to its own:
17.2.1 Prepayment (where applicable);
17.2.2 balance payment due on completion of that phase;
17.2.3 Delivery Note signed at the end of that phase;
17.2.4 claims window in accordance with Section IX, clause 6, running from the date of that phase's completion.
17.3 Non-payment of any phase entitles The Contractor to suspend performance of subsequent phases in accordance with Section IV, clause 11, without liability to the Client.
17.4 Any variation to the overall scope of the relocation between phases requires written approval from the nominated point of contact in accordance with Section IV, clause 12.
18. RESTORATION OF PREMISES:
18.1 The Contractor's standard service includes the physical relocation of items from the origin premises to the destination premises. The service does not include restoration of the origin or destination premises, including but not limited to: making good screw holes, patching wall damage from removed fittings, redecoration, floor cleaning or repair, replacement of removed carpet tiles or floor coverings, or any other reinstatement work.
18.2 Where the Client requires restoration or reinstatement services, this must be identified at the Quotation stage and priced separately, either as an additional service delivered by The Contractor's own team or through approved subcontractors.
18.3 The Contractor accepts no liability for any consequence of the Client failing to arrange restoration of the origin premises, including but not limited to loss of deposit to a landlord, dilapidation claims, or delayed handover of the premises to a third party.
19. PROPERTY DAMAGE - COMMERCIAL CONTEXT:
19.1 In addition to Section IX, clause 8 (Damage to Premises Other than Goods), the following provisions apply specifically to commercial relocations:
19.2 Where damage is caused to the Client's premises during the relocation and The Contractor accepts liability under Section IX, clause 8, The Contractor's liability is limited to the cost of making good the specific area of damage. In performing such reparation, The Contractor may use materials that are broadly similar in quality and character to those originally affected. The Contractor does not undertake to match exactly the original material, finish, colour, texture or age. The Client accepts that visible differences may remain following reparation. The aggregate cap in Section IX, clause 11 applies to any such reparation.
19.3 The Contractor accepts no liability for:
19.3.1 any loss of tenancy deposit, security deposit or bond arising from damage to leased premises;
19.3.2 any dilapidation claim, schedule of dilapidations or end-of-lease reinstatement cost;
19.3.3 any delay in handover of the premises to a landlord, buyer or third party;
19.3.4 any rent, service charge or occupation cost arising from the premises not being handed over on time;
19.3.5 any consequential loss whatsoever arising from damage to the premises.
19.4 The Client is responsible for negotiating and settling any claim by a landlord, letting agent or third party in respect of the premises. Where such a claim is made against the Client, the Client shall not seek to pass through any amount to The Contractor beyond The Contractor's liability under Section IX, clause 8 and this clause 19.
20. VAT FOR BUSINESS CLIENTS:
20.1 All charges quoted by The Contractor to a business Client are exclusive of Value Added Tax unless expressly stated otherwise. VAT is added at the rate applicable at the date of invoice, in accordance with Section III, clause 10.1.
20.2 The Contractor will provide a valid VAT invoice for all charges. The Client is responsible for its own VAT compliance, including any VAT recovery, self-billing arrangements, or cross-border VAT obligations.
20.3 Where the Client is registered for VAT in a jurisdiction other than the United Kingdom, or requires any specific VAT treatment or documentation, this must be identified at the Quotation stage. The Contractor accepts no liability for any VAT recovery failure, penalty or additional cost arising from the Client's VAT status not being disclosed in advance.
21. MULTIPLE SUBCONTRACTORS FOR LARGE COMMERCIAL RELOCATIONS:
21.1 Large commercial relocations may require The Contractor to engage multiple subcontractors to provide sufficient crew, vehicles or specialist services. The Contractor retains overall responsibility for the coordination of all subcontractors engaged, in accordance with Section VI, clause 2.17.
21.2 All subcontractors engaged by The Contractor operate under these T&Cs and are subject to the same obligations as The Contractor's directly employed crew. The Client's contractual relationship remains with The Contractor at all times, and the Client shall not communicate directly with subcontractors regarding contractual, financial or claims matters.
21.3 Where the Client requires specific individual subcontractors or specific specialist providers to be engaged, this must be agreed at the Quotation stage. Otherwise, the selection of subcontractors is at The Contractor's operational discretion.
22. HANDOVER BETWEEN PHASES AND SECURITY OF RELOCATED ITEMS:
22.1 Mandatory acceptance of each delivered batch. Where a commercial relocation is performed in multiple phases, batches or deliveries over more than one day or visit, the Client is required to formally accept each phase or batch of Goods delivered by The Contractor at the point of that specific delivery, before The Contractor arrives with the next phase or batch. Acceptance is formalised by signature of the Delivery Note by the Client or the Client's authorised representative in accordance with Section VII, clause 3.2. Where the Client is not present, the deemed acceptance procedure in Section II, clauses 3.1.2 and 3.1.3 applies for each individual phase or batch.
22.2 Transfer of risk on batch-by-batch basis. Upon acceptance or deemed acceptance of any phase or batch, risk in and responsibility for the Goods delivered in that phase or batch transfers from The Contractor to the Client, in accordance with Section VII, clause 10 (Title and Risk in Goods). This transfer applies separately and independently to each phase or batch. The Contractor's responsibility for previously delivered Goods ceases at the point of acceptance or deemed acceptance of that phase.
22.3 Client's obligation to receive and clear each phase. The Client shall ensure that each phase or batch of Goods is received, accepted, inspected and cleared from the immediate delivery area before the next phase or batch is delivered. The Client shall not require or expect The Contractor to retain ongoing responsibility for Goods already delivered while further phases are in progress.
22.4 Consequences of Client's failure to accept a phase. Where the Client fails, refuses or is unable to accept a phase or batch of Goods at the time of delivery, and where such failure is not due to any fault of The Contractor:
22.4.1 The Contractor may proceed with subsequent phases at the scheduled times, and no liability attaches to The Contractor for the earlier unaccepted phase remaining unattended at the destination premises;
22.4.2 alternatively, The Contractor may treat the failed acceptance as a failed delivery under Section IV, clause 11.3 (Emergency Storage), and the emergency storage charge of £1,000.00 + VAT per 3.5 tonne vehicle applies together with all consequent storage, handling and re-delivery costs;
22.4.3 waiting time charges under Section IV apply for any period The Contractor's crew is required to wait for the Client to make arrangements;
22.4.4 The Contractor is not obliged to reschedule subsequent phases to accommodate the Client's failure to accept an earlier phase, and any delay to the overall relocation programme caused by the Client's failure to accept is entirely the Client's responsibility.
22.5 Ongoing responsibility limited to Goods in Contractor's active custody only. For the avoidance of doubt, The Contractor's ongoing responsibility during a phased relocation is limited exclusively to Goods currently in The Contractor's active custody, meaning Goods currently being loaded, in transit or being unloaded by The Contractor's crew. The Contractor is not a bailee, custodian or guardian of Goods already delivered to the destination premises during earlier phases, and does not accept any continuing responsibility for such Goods, including but not limited to:
22.5.1 any loss, damage, theft or vandalism to Goods delivered in an earlier phase;
22.5.2 any deterioration, spoilage or environmental effect on Goods delivered in an earlier phase;
22.5.3 any interference by third parties with Goods delivered in an earlier phase;
22.5.4 any harm caused by Goods delivered in an earlier phase to any person or property at the destination premises;
22.5.5 any consequential loss whatsoever arising from Goods delivered in an earlier phase.
22.6 Client's positive obligation to secure delivered Goods. The Client shall take reasonable steps to secure, protect and organise Goods delivered during earlier phases between visits, including but not limited to: providing appropriate storage space at the destination premises, arranging security or supervision where necessary, ensuring keys and access are appropriately managed, and taking any protective measures the Client considers appropriate. The Contractor accepts no responsibility for advising the Client on the security or protection of delivered Goods.
22.7 Optional supervised custody service. Where the Client requires The Contractor to provide security services, overnight cover, supervised custody, or continuing responsibility for delivered Goods between phases, this must be identified at the Quotation stage as a separate service and priced accordingly. In the absence of a specific written agreement to provide such service, no such service is provided and no such responsibility is accepted.
22.8 Written confirmation of phase acceptance. To reinforce clarity and avoid any dispute, The Contractor will document the acceptance of each phase in writing (via Delivery Note, photographic record or written communication) and the Client acknowledges that such documentation is conclusive evidence of the transfer of risk in respect of the phase concerned. Any Client concern regarding a specific phase must be raised at the point of that phase's acceptance in accordance with Section VII, clause 3.2 and cannot be raised later.
23. NON-PAYMENT PROTECTION FOR COMMERCIAL CLIENTS:
23.1 Where a business Client fails to pay any sum due to The Contractor by the due date, the following provisions apply in addition to the general non-payment provisions in Section IV.
23.2 Statutory late payment framework. Late payment of commercial debts is governed by the Late Payment of Commercial Debts (Interest) Act 1998. The Contractor is entitled to statutory interest at the rate of 8% above the Bank of England base rate on all overdue sums, or the rate set out in Section IV, clause 5, whichever is higher. In addition, The Contractor is entitled to a statutory fixed sum compensation under section 5A of the Act for each overdue invoice as follows: £40.00 for invoices below £1,000.00, £70.00 for invoices from £1,000.00 to £9,999.99, and £100.00 for invoices of £10,000.00 or more.
23.2.1 Contractual administration fee. In addition to the statutory entitlements set out in clause 23.2 and to any recovery costs set out in clause 23.3, The Contractor charges a contractual late payment administration fee of £2,000.00 + VAT for each overdue invoice from a business Client. This fee reflects the substantial internal cost incurred by The Contractor in dealing with commercial late payment, including but not limited to: the diversion of senior management and dispatch resources from operational duties to debt management activity; the disruption of The Contractor's cash flow planning and working capital position; the administrative burden of chasing, reconciling, escalating and pursuing overdue business debt across multiple communication channels and stages; and the commercial and reputational risk to The Contractor of engaging with defaulting business clients. The Parties agree that the fee represents a genuine pre-estimate of the loss and cost incurred by The Contractor in such circumstances and reflects a legitimate commercial interest of The Contractor in the enforcement of prompt payment by its business Clients. The fee is chargeable from the moment the invoice becomes overdue.
23.2.2 Multiple overdue invoices. Where the same business Client has more than one overdue invoice with The Contractor at any one time, the statutory fixed sum compensation and the contractual administration fee apply separately to each overdue invoice.
23.2.3 Discretionary waiver through mediation. Notwithstanding the strict application of clauses 23.2, 23.2.1, 23.2.2 and 23.3, The Contractor may, at its sole and absolute discretion and by way of goodwill, agree with the Client through direct commercial mediation to waive, reduce or otherwise vary the interest, statutory fixed sum compensation, contractual administration fee or recovery costs, in whole or in part, as part of a negotiated settlement. Any such waiver:
23.2.3.1 is not compulsory and is granted entirely at The Contractor's discretion;
23.2.3.2 does not create any precedent, expectation or right on the part of the Client to receive similar treatment in respect of any future overdue invoice;
23.2.3.3 is conditional upon the Client complying with all terms of the negotiated settlement, including any agreed payment schedule; and
23.2.3.4 shall be effective only if confirmed in writing by an authorised representative of The Contractor. Verbal indications, informal discussions or exchanges between The Contractor's crew or junior staff and the Client do not constitute a waiver.
23.2.4 Withdrawal of waiver on further default. Where a waiver has been granted under clause 23.2.3 and the Client subsequently fails to comply with the terms of the negotiated settlement, including any agreed payment schedule, the waiver is automatically withdrawn without further notice. All previously waived amounts become immediately due and payable in full, together with any further interest, administration fees and recovery costs that have accrued in the meantime.
23.3 Recovery costs. In addition to statutory interest and fixed sum compensation, The Contractor is entitled to recover from the Client all reasonable costs incurred in the recovery of the overdue debt on an indemnity basis, including but not limited to: internal administrative costs, debt collection agency fees, court fees, solicitor fees, expert witness fees, enforcement costs and any other cost reasonably incurred. The Client's liability for recovery costs begins on the date the debt first becomes overdue and is not limited to costs incurred after formal legal action is commenced.
23.4 Personal guarantee for corporate clients. Where the business Client is a limited company, limited liability partnership or other incorporated entity, and the total value of the Service Agreement (including all phases and anticipated additional charges) is £50,000.00 or more, The Contractor requires a personal guarantee from a director, partner or beneficial owner of the entity as a precondition to commencing the service. For engagements below £50,000.00, The Contractor may at its discretion request a personal guarantee where credit checks, payment history or other commercial factors indicate this is prudent. Where a personal guarantee is provided, the guarantor becomes personally and jointly and severally liable with the entity for all sums owed under the Service Agreement, including principal, interest, administration fees, recovery costs and any other charges under this Section.
23.4.1 Form of guarantee. Any personal guarantee under this clause shall be provided on The Contractor's standard guarantee form, which is a legally binding personal commitment by the guarantor. The guarantor shall be provided with a reasonable opportunity to review the guarantee terms and, if desired, obtain independent legal advice prior to signing. The Contractor may decline to commence the service where a required guarantee is not provided within the timeframe specified.
23.4.2 Duration of guarantee. The personal guarantee remains in force until all sums due under the Service Agreement have been paid in full in cleared funds, including any accrued interest, administration fees and recovery costs.
23.5 Winding-up petitions and insolvency proceedings. Where a debt owed by a business Client exceeds £750.00 and remains unpaid for more than 21 days following a statutory demand, The Contractor reserves the right to present a winding-up petition against the Client in accordance with the Insolvency Act 1986. Where the Client is an individual or partnership, The Contractor reserves the right to present a bankruptcy petition. The Client acknowledges that the costs of any such proceedings, including court fees, solicitor fees and any professional fees, are recoverable from the Client in addition to the underlying debt.
23.6 Retention of title and right to reclaim. Where The Contractor has provided services on credit terms and the sums due remain unpaid, The Contractor reserves the right to withhold any Goods, materials, equipment or other property of the Client currently in The Contractor's custody in accordance with Section VII, clause 9, until all outstanding sums are paid in full.
23.7 Credit reference reporting. The Contractor may report unpaid commercial debts to credit reference agencies, commercial credit information providers, and industry credit associations, in accordance with applicable data protection law. Such reporting may affect the Client's credit rating and ability to obtain credit from other suppliers.
23.8 Suspension of ongoing services. Where a business Client has multiple engagements or a phased relocation with The Contractor, non-payment of any single invoice entitles The Contractor to suspend all ongoing and future services with the Client without further notice. Any Prepayment held in respect of future phases may be applied by The Contractor towards the overdue balance without further authorisation from the Client.
23.9 Cross-default. Where a business Client has multiple related entities (parent, subsidiary, sister companies or entities under common control) and any one entity is in default of payment to The Contractor, The Contractor may treat all related entities as being in default and may exercise all rights under this clause against any or all of them.
23.10 Assignment of debt. The Contractor reserves the right to assign any debt owed by the Client to a third party debt purchaser, debt collection agency or factoring company. The Client's obligation to pay transfers with the assignment and the Client shall not raise the assignment itself as a defence to payment.
23.11 No set-off by business Client. The business Client's obligation to pay The Contractor's invoices in full and by the due date is absolute and unconditional. The Client shall not withhold, offset, deduct or reduce any payment on the basis of any claim, counter-claim, cross-claim, dispute or alleged breach by The Contractor. Any dispute must be pursued separately through the formal complaints procedure in Section IX, clause 7. This clause supplements and reinforces Section IX, clause 15.
24. COMMERCIAL CANCELLATION:
24.1 Where the business Client cancels the Service Agreement at any time after the Booking Confirmation has been issued, the 50% Prepayment made under Section IV, clause 9.1(a) and clause 9 of the general provisions is retained by The Contractor as cancellation compensation. This retention reflects the operational planning, resource allocation, subcontractor bookings and other committed costs incurred by The Contractor upon confirmation of a commercial booking.
24.2 The retained Prepayment applies regardless of the notice period given by the Client. Whether the Client cancels one month before, one week before, or on the Move Date, the 50% Prepayment is forfeited to The Contractor.
24.3 Where cancellation occurs after The Contractor's crew has departed for the Move Date, or on the Move Date itself, the full price of the Service Agreement becomes due in addition to any charges already paid. The Contractor may set off the retained Prepayment against this amount.
24.4 The provisions of this clause do not apply to rescheduling under clause 27 of this Section, which is governed by its own terms.
25. MODERN SLAVERY AND ETHICAL COMPLIANCE:
25.1 The Contractor complies with the Modern Slavery Act 2015 and maintains policies and procedures designed to ensure that no form of slavery, servitude, forced labour or human trafficking occurs within its business or supply chain.
25.2 The Contractor requires all subcontractors, agency workers and third party providers engaged in the delivery of services to comply with equivalent standards. The Contractor maintains due diligence procedures for the selection and monitoring of its supply chain.
25.3 Where the business Client is subject to Modern Slavery Act reporting obligations and requires The Contractor to provide a written statement of compliance, The Contractor will provide such a statement on reasonable request.
25.4 Both Parties undertake to notify the other in writing without delay of any circumstance that gives rise to a reasonable suspicion of modern slavery within the services being provided or the supply chain supporting them.
26. ANTI-BRIBERY AND ANTI-CORRUPTION:
26.1 The Contractor complies with the Bribery Act 2010. The Contractor maintains policies prohibiting its employees, subcontractors, agents and representatives from offering, giving, requesting or receiving any bribe, facilitation payment, kickback or improper advantage of any kind.
26.2 The Client and its employees, agents and representatives shall not offer, give or attempt to give any bribe, facilitation payment, gift of substantial value, hospitality of substantial value or any other improper advantage to The Contractor's employees, subcontractors, agents or representatives, whether directly or indirectly.
26.3 The Contractor's crew shall not accept gifts, hospitality or advantages of substantial value from the Client or any person connected with the Client. Modest goodwill gestures in accordance with normal business courtesy (such as offer of refreshments during a long service) are excluded from this restriction.
26.4 Any attempt to influence The Contractor's decisions, quotations, resource allocation, timing or any other operational matter through the offer or provision of bribes, gifts, hospitality or other improper advantages shall constitute a material breach of this Agreement and may be reported to law enforcement authorities.
27. RESCHEDULING OF COMMERCIAL RELOCATIONS:
27.1 The Contractor recognises that commercial relocations are complex operations that may need to be rescheduled due to legitimate business circumstances. The Contractor is open to rescheduling requests from business Clients and will approach such requests in a spirit of commercial cooperation and mediation, rather than by way of strict contractual enforcement.
27.2 Where the business Client wishes to reschedule the Move Date, the Client shall contact The Contractor as early as possible to discuss the new proposed date. The rescheduling is treated as a matter for direct commercial dialogue between the Parties.
27.3 Rescheduling notice. The Client should provide a minimum of 14 calendar days notice of a rescheduling request to allow The Contractor to reasonably accommodate the change. Rescheduling requests made with shorter notice will still be considered by The Contractor, subject to availability and any operational consequences.
27.4 Rescheduling fees. The Contractor may charge a rescheduling fee to reflect the operational cost of reorganising the service, including but not limited to: crew and vehicle rescheduling costs, subcontractor rearrangement, committed permits or bookings that cannot be transferred, and administrative costs. The Contractor may, at its sole and absolute discretion, waive or reduce the rescheduling fee in whole or in part as part of the commercial dialogue with the Client. Waiver of the rescheduling fee is not compulsory and is granted only where The Contractor considers it commercially appropriate.
27.5 Retained Prepayment carries over. The 50% Prepayment already made by the Client under Section IV, clause 9.1(a) shall be applied to the rescheduled Service Agreement without further Prepayment being required for the same booking.
27.6 Rescheduling followed by cancellation. Where the Client, having rescheduled the Move Date, subsequently decides not to proceed with the service at all, this shall be treated as a cancellation and the 50% Prepayment is retained by The Contractor in accordance with clause 24 of this Section.
27.7 Change control during performance. Where the Client requests substantive changes to the scope, timing, sequence or configuration of the service after the Move Date has commenced, this shall be treated as a change request. The Contractor and the Client shall discuss the change and its cost implications, and no material change shall take effect until agreed in writing by the nominated point of contact under clause 2.3.
28. MUTUAL DATA PROTECTION AND SHARING:
28.1 In the course of a commercial relocation, the Parties may need to share personal data with each other, including but not limited to: employee names and departments for parking permit applications, floor plans annotated with employee locations, building access lists, security clearance forms and contact details.
28.2 Each Party acts as an independent data controller in respect of the personal data it collects and processes, in accordance with the UK General Data Protection Regulation and the Data Protection Act 2018.
28.3 Each Party shall:
28.3.1 share only the minimum personal data reasonably necessary for the performance of the service;
28.3.2 implement appropriate technical and organisational security measures to protect any shared data;
28.3.3 notify the other Party without undue delay of any personal data breach that affects data received from the other;
28.3.4 not retain shared data beyond the period necessary for the service and any legitimate business or legal retention requirement.
28.4 The provisions of Section XV (Data Protection) of these T&Cs apply to The Contractor's handling of the Client's data. Where the Client requires The Contractor to enter into a separate Data Processing Agreement or Data Sharing Agreement for a specific engagement, this must be identified and agreed at the Quotation stage.
28.5 Mutual Non-Disclosure Agreement. The Contractor is open to entering into a Mutual Non-Disclosure Agreement (MNDA) with the Client where required to protect business practices, operational structure, personnel information, pricing, technical data and any other sensitive information exchanged between the Parties in the course of the engagement. Entry into an MNDA is optional and shall only take place upon direct written request from the Client at the Quotation stage. The Contractor may provide its standard MNDA template or negotiate the Client's proposed template on reasonable terms. In the absence of a signed MNDA, the general confidentiality obligations set out in Section XVI (General Conditions) apply.
29. SANCTIONS AND EXPORT CONTROL SCREENING:
29.1 The Contractor operates in compliance with UK and international sanctions regimes, including but not limited to sanctions administered by the Office of Financial Sanctions Implementation (OFSI), the UK Sanctions List, EU sanctions where applicable, and any other sanctions with which The Contractor is required to comply.
29.2 The Contractor reserves the right to refuse to enter into any Service Agreement, or to terminate any existing Service Agreement, where the Client, any beneficial owner of the Client, any related entity of the Client, or any of the Client's counterparties in the relocation is:
29.2.1 named on any relevant sanctions list;
29.2.2 established in, controlled from, or engaged in dealings with a jurisdiction subject to comprehensive sanctions;
29.2.3 the subject of any credible allegation of sanctions evasion or breach.
29.3 The Client warrants that neither it, nor any of its beneficial owners, nor any of its counterparties in the relocation is subject to any sanctions restrictions and undertakes to notify The Contractor immediately if this position changes.
29.4 Where a Service Agreement is refused or terminated under this clause, The Contractor shall have no liability to the Client and shall be entitled to retain any Prepayment received.
30. COMMERCIAL FORCE MAJEURE:
30.1 In addition to the Force Majeure provisions in Section VII, clause 8, commercial relocations are subject to the following additional Force Majeure circumstances that may prevent, delay or make impracticable the performance of the service:
30.1.1 political events including but not limited to elections, referenda or political instability that materially affects business operations;
30.1.2 cyberattacks on infrastructure that materially affect either Party's operations, including but not limited to attacks on communication systems, banking systems or logistics providers;
30.1.3 industrial action including national or sector strikes affecting transport, fuel, warehousing or the Client's own workforce;
30.1.4 government-mandated business closures, lockdowns, quarantines or similar orders affecting the origin or destination premises;
30.1.5 supply chain disruption affecting the availability of vehicles, fuel, packing materials or personnel;
30.1.6 any other event or circumstance beyond the reasonable control of the affected Party that materially prevents or delays performance.
30.2 The affected Party shall notify the other Party in writing without delay of any Force Majeure event and shall use reasonable endeavours to mitigate its effect. The Parties shall discuss in good faith how to proceed, including the possibility of rescheduling under clause 27.
30.3 Where a Force Majeure event continues for more than 30 calendar days, either Party may terminate the Service Agreement by written notice, and the Client shall pay for any services actually performed and any irrecoverable committed costs incurred by The Contractor up to the date of termination.
31. NON-SOLICITATION OF THE CONTRACTOR'S PERSONNEL:
31.1 The business Client shall not, directly or indirectly, and whether alone or in conjunction with any other person, solicit, entice, employ, engage, hire or otherwise contract with any employee, subcontractor, agent or worker of The Contractor who was involved in the provision of the service to the Client, for a period of 36 months from the completion date of the Service Agreement or from the date of the last engagement between the Parties, whichever is later.
31.2 This restriction applies whether the engagement is direct or through any third party, including but not limited to recruitment agencies, group companies, subsidiary entities, joint ventures or personal service companies.
31.3 The restriction reflects the substantial investment made by The Contractor in the recruitment, training, security clearance, uniforming, insurance and operational deployment of its personnel, and the commercial value to The Contractor of retaining its workforce.
31.4 Liquidated damages for breach. Where the Client breaches this clause by engaging any employee, subcontractor or worker of The Contractor in breach of the restriction, the Client shall pay liquidated damages equal to twelve (12) months of the gross remuneration or gross fees payable to that individual, calculated on the basis of their most recent rate of pay or fee from The Contractor. For the avoidance of doubt, the twelve-month calculation applies in all circumstances regardless of how long the individual actually worked for or contracted with The Contractor. Where the individual worked for The Contractor for less than twelve months, the liquidated damages remain equal to twelve months of gross remuneration or gross fees at their most recent rate. Where a subcontractor's fees varied over the engagement period, the highest rate applicable in the twelve months prior to the breach shall be used to calculate the liquidated damages.
31.5 The Parties agree that the liquidated damages set out in clause 31.4 represent a genuine pre-estimate of the loss suffered by The Contractor as a result of losing a trained, deployed and operational member of its workforce, including recruitment cost, training cost, operational disruption and the commercial value of the individual's contribution to The Contractor's business.
31.6 The restriction shall not apply where the individual concerned approaches the Client entirely on their own initiative in response to a general public advertisement not specifically targeted at The Contractor's workforce, and provided the Client can demonstrate this by written evidence.
31.7 In addition to liquidated damages, The Contractor reserves the right to seek injunctive relief to prevent breach or continuing breach of this clause.
32. PUBLICITY, CASE STUDIES AND USE OF CLIENT NAME:
32.1 The Contractor may, at its discretion, refer to the fact of having provided services to the Client in its marketing materials, case studies, portfolio, tender submissions and other business development activities. Such reference is limited to the fact of the engagement and does not include disclosure of confidential details of the service.
32.2 Where the business Client requires that its name, logo or specific details of the engagement not be used in any marketing or publicity by The Contractor, this must be notified to The Contractor in writing at the Quotation stage. In the absence of such notification, the Client is deemed to have consented to reference to the engagement in accordance with clause 32.1.
32.3 Where the Client has consented to the use of its name or details, The Contractor may develop a case study, testimonial or reference document following the completion of the service. The Client shall have a reasonable opportunity to review and approve any such document that names or identifies the Client before publication.
32.4 Where the Client wishes to reference The Contractor by name, use The Contractor's brand or logo, or make any public statement associating itself with The Contractor's services, this requires The Contractor's prior written consent, in accordance with Section XIV, clause 8.
33. ANTI-MONEY LAUNDERING COMPLIANCE:
33.1 The Contractor is fully compliant with the Proceeds of Crime Act 2002, the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017 (as amended), and all other applicable anti-money laundering and counter-terrorist financing legislation applicable in the United Kingdom.
33.2 The Contractor maintains an internal Anti-Money Laundering (AML) policy and procedures framework, and has appointed a Money Laundering Reporting Officer (MLRO) within the business who is responsible for the oversight of AML compliance, internal risk assessment, staff training, transaction monitoring, and the reporting of suspicious activity to the relevant authorities where required.
33.3 The Contractor stays current with developments in anti-money laundering and counter-terrorist financing legislation, guidance issued by the National Crime Agency (NCA), HM Revenue and Customs (HMRC), the Financial Conduct Authority (FCA) where applicable, and industry best practice, and updates its internal policies and procedures accordingly.
33.4 The Contractor is not currently registered with any external anti-money laundering supervisory body. The Contractor's activities do not fall within the categories that require such registration under current UK legislation. This position is reviewed periodically as legislation and the scope of The Contractor's activities evolve, and The Contractor undertakes to register with an appropriate supervisory body should the requirement to do so arise.
33.5 The Contractor reserves the right to:
33.5.1 refuse to enter into or continue any Service Agreement where there is a reasonable suspicion that the transaction may involve the proceeds of crime, money laundering, terrorist financing or any other unlawful activity;
33.5.2 request from any Client such identification, verification and source-of-funds documentation as The Contractor reasonably considers necessary in the circumstances;
33.5.3 report any suspicious activity to the National Crime Agency or other appropriate authority in accordance with statutory obligations, without notification to the Client where the law prohibits such notification.
33.6 The Client warrants that all funds used to pay The Contractor's charges are derived from lawful sources and that the Client is not, and is not acting on behalf of, any person subject to sanctions, criminal investigation or asset restraint in respect of the funds being used.
33.7 Where The Contractor refuses or terminates a Service Agreement under this clause, The Contractor shall have no liability to the Client and shall be entitled to retain any Prepayment received pending resolution of any regulatory investigation.
SECTION XIV: REVIEWS AND PUBLIC STATEMENTS
1. GENERAL PRINCIPLES:
1.1 The Contractor welcomes honest and constructive feedback from Clients regarding the services provided. Clients are encouraged to leave genuine reviews on The Contractor's Google Business Profile, Trustpilot, social media pages, or through The Contractor's own feedback mechanisms.
1.2 This Section governs the Client's obligations in respect of reviews, public statements, social media posts, ratings and any other public commentary about The Contractor, its services, its crew members, its subcontractors or its representatives.
1.3 Nothing in this Section restricts the Client's genuine right to express honest opinions, to raise legitimate complaints through The Contractor's complaints procedure set out in Section IX, or to exercise any statutory right or freedom of expression that cannot lawfully be restricted.
2. FAIR AND ACCURATE REVIEWS:
2.1 Any review, rating or public statement made by the Client about The Contractor must be honest, accurate and based on the Client's genuine experience of the service actually received.
2.2 The Client shall not publish, post, share, distribute or transmit any review, rating, statement or content that:
2.2.1 contains false or fabricated information about The Contractor, its services, its crew, its subcontractors or its representatives;
2.2.2 contains material misrepresentations of fact designed to damage The Contractor's reputation;
2.2.3 attributes to The Contractor conduct or actions that did not occur;
2.2.4 is malicious, vexatious or intended to cause reputational or financial harm to The Contractor beyond legitimate consumer feedback;
2.2.5 contains personal information about The Contractor's crew members, including names, images, addresses or other identifying details, in breach of Section V, clause 2.31;
2.2.6 contains discriminatory, threatening, harassing or unlawful content directed at The Contractor or its crew;
2.2.7 is submitted while the Client is in breach of these T&Cs, including outstanding payment obligations, prior to any complaint being raised through The Contractor's formal complaints procedure.
3. REVIEWS AS A SUBSTITUTE FOR COMPLAINTS:
3.1 Public reviews are not a substitute for The Contractor's formal complaints procedure. Where the Client has a genuine complaint about the service, the Client is required to raise the matter through the complaints procedure set out in Section IX before publishing any review or public statement addressing that complaint.
3.2 Publication of a negative review addressing a matter that has not been raised through The Contractor's complaints procedure deprives The Contractor of the opportunity to investigate, address or resolve the matter internally. Where the Client publishes such a review, The Contractor reserves the right to respond publicly, referencing the fact that the matter was not raised through the formal procedure.
3.3 The Contractor will engage constructively with any Client who raises concerns through the formal complaints procedure. Genuine issues resolved through the complaints procedure do not restrict the Client from subsequently posting an accurate review reflecting the overall experience, including the resolution.
4. THE CONTRACTOR'S RIGHT TO RESPOND:
4.1 The Contractor reserves the right to respond publicly to any review, rating or public statement made about it, in accordance with the terms of service of the relevant platform. Such responses may include:
4.1.1 correcting factual inaccuracies;
4.1.2 providing context including references to relevant clauses of these T&Cs;
4.1.3 noting whether the matter was raised through the formal complaints procedure;
4.1.4 noting whether the Client's account remains in good standing at the time of the review;
4.1.5 any other information reasonably necessary to protect The Contractor's reputation, subject to the confidentiality obligations under applicable data protection law.
4.2 The Contractor's response will comply with applicable data protection law and will not disclose personal information about the Client beyond what is reasonably necessary to address the substance of the review and what the Client has themselves disclosed by publishing the review.
4.3 Where a review contains material false statements, The Contractor may request removal of the review from the relevant platform in accordance with that platform's policies. The Client shall not obstruct such a request or the platform's investigation of it.
5. REMEDIES FOR FALSE, MALICIOUS OR DEFAMATORY CONTENT:
5.1 Where the Client publishes any review, rating, statement or content that is materially false, malicious, defamatory, or in breach of clause 2.2, The Contractor reserves the right to:
5.1.1 request removal of the content from the platform on which it was published;
5.1.2 publish a response identifying the factual inaccuracies;
5.1.3 seek an injunction requiring the Client to remove the content;
5.1.4 commence proceedings for damages under the Defamation Act 2013, the Malicious Falsehood tort or any other applicable cause of action;
5.1.5 recover all reasonable legal costs incurred in obtaining removal of the content or seeking damages;
5.1.6 recover damages for loss of business, loss of reputation and any other loss reasonably attributable to the publication.
5.2 The Contractor's rights under this clause are not limited to actions against the Client. Where a third party (such as a family member, agent or associate of the Client) publishes false or malicious content at the Client's request or with the Client's knowledge, the Client shall be jointly and severally liable with the publisher.
5.3 Where the Client requires removal of a review that was not authorised by the Client (for example a review posted by a former household member or associate), the Client shall notify The Contractor and use reasonable endeavours to secure removal of the content.
6. INCENTIVISED, EXTORTIONATE OR REVIEW-BASED BARGAINING:
6.1 The Client shall not use the threat of publishing a negative review, or the offer to remove or amend a negative review, as leverage in any negotiation with The Contractor, including but not limited to:
6.1.1 demanding a refund, discount or waiver of charges in exchange for a positive review;
6.1.2 threatening to publish a negative review unless a settlement is agreed on the Client's terms;
6.1.3 demanding removal or amendment of The Contractor's response to a review;
6.1.4 using review platforms as a means of avoiding The Contractor's formal complaints and claims procedures set out in Section IX;
6.1.5 publishing a negative review with an offer to remove it upon payment or concession by The Contractor.
6.2 Conduct falling within clause 6.1 may constitute an offence under the Fraud Act 2006 (fraud by false representation or by failing to disclose information) or a common law offence of blackmail under the Theft Act 1968, and The Contractor reserves the right to report such conduct to the police in addition to civil remedies.
6.3 Any settlement agreed by The Contractor with a Client is not conditional on the Client publishing, removing or amending any public review or statement. The Contractor does not offer or accept review-based bargaining.
7. PHOTOGRAPHY, RECORDING AND SOCIAL MEDIA:
7.1 The Client's obligations regarding photography and recording of The Contractor's crew are set out in Section V, clause 2.31 and are not restated here. This Section XIV operates in addition to and is not limited by those provisions.
7.2 Where the Client publishes any photograph, recording or personal information about a crew member in breach of Section V, clause 2.31, The Contractor reserves all rights under this Section and under applicable data protection and privacy law.
8. USE OF THE CONTRACTOR'S NAME, BRAND AND MATERIALS:
8.1 The Client shall not use The Contractor's name, trading name, logo, branding, marketing materials, photographs or any other proprietary content in any manner not authorised by The Contractor in writing.
8.2 Unauthorised use of The Contractor's name, brand or materials in a manner likely to cause confusion, mislead consumers or damage The Contractor's reputation may constitute passing off, trademark infringement or copyright infringement, and The Contractor reserves the right to seek all available remedies.
8.3 Where the Client publishes a review or public statement, referencing The Contractor by name for the purpose of that review is permitted, provided the content complies with clause 2 of this Section.
9. INDUSTRY BODY AND REGULATORY REPORTING:
9.1 Where The Contractor is a member of any industry body, trade association or regulator (including but not limited to the British Association of Removers) that offers a formal complaints or arbitration process, the Client may refer disputes to that body in accordance with its published rules. This is a legitimate route for raising concerns and is not restricted by this Section.
9.2 The Client shall not make malicious, false or unfounded reports to any industry body, regulator, credit reference agency or professional association about The Contractor. Such conduct falls within clause 5 of this Section.
10. STATUTORY RIGHTS AND FREEDOM OF EXPRESSION:
10.1 Nothing in this Section restricts:
10.1.1 the Client's right to raise genuine complaints through any lawful procedure;
10.1.2 the Client's right to publish honest opinions and truthful factual statements about their experience of the service;
10.1.3 the Client's statutory rights under consumer protection legislation, freedom of expression protected by the Human Rights Act 1998, or any other right that cannot lawfully be restricted;
10.1.4 the Client's right to communicate with regulatory bodies, industry associations or law enforcement agencies about genuine concerns.
10.2 This Section is intended to protect The Contractor against false, malicious, defamatory or extortionate conduct only. Genuine consumer feedback, honest reviews and legitimate complaints are welcomed by The Contractor and are not restricted by these T&Cs.
11. AI-GENERATED, BOT-DRIVEN AND AUTOMATED REVIEWS:
11.1 The Contractor recognises that reviews on public platforms are sometimes generated, amplified or coordinated by automated systems, bots, AI language models or organised networks acting on behalf of competitors, disgruntled individuals or bad actors. Such reviews do not reflect genuine customer experience.
11.2 The Contractor reserves the right to:
11.2.1 monitor review platforms for patterns suggesting automated, bot-driven, coordinated or AI-generated reviews;
11.2.2 report such reviews to the relevant platform for investigation and removal in accordance with the platform's policies on inauthentic content;
11.2.3 publish public responses noting the suspicious characteristics of any review reasonably believed to be inauthentic;
11.2.4 pursue civil remedies against any person or entity identified as responsible for coordinating, procuring or publishing inauthentic reviews about The Contractor.
11.3 Where a genuine Client is inadvertently associated with inauthentic reviews (for example, where their name is used without authorisation), The Contractor will work with the Client and the relevant platform to resolve the situation.
12. REVIEWS BY PERSONS OTHER THAN THE PAYING CLIENT:
12.1 The Contractor's contractual relationship in respect of any service is with the paying Client identified in the Booking Confirmation. Where a person other than the paying Client (including but not limited to household members, family members, friends, business associates or third parties present at the service) publishes a review or public statement about The Contractor's service, such publication is recognised as an expression of that person's personal experience of the service, given that the service was performed for the paying Client and not for them.
12.2 The reviews and statements that are binding on the contractual relationship between the paying Client and The Contractor are those of the paying Client alone. A review published by a person other than the paying Client is not binding on the paying Client and does not represent the paying Client unless the paying Client expressly adopts, endorses or ratifies the review in writing.
12.3 Where a review is published by a person other than the paying Client and contains false, misleading, malicious or defamatory content, or otherwise breaches clause 2.2 of this Section, The Contractor's remedies under clause 5 apply directly against the person who published the review, and, where that person acted at the request of or with the knowledge of the paying Client, jointly against the paying Client in accordance with clause 5.2.
12.4 The paying Client shall not seek to rely on the content of a review by a third party as evidence of the paying Client's own opinion or experience in any dispute with The Contractor.
12.5 Reviews by persons who are not Clients of The Contractor. There is a fundamental and material distinction between:
12.5.1 a person who is a Client of The Contractor or was present at a service performed for a Client, and whose review reflects direct experience of a service provided; and
12.5.2 a person who is not, and has never been, a Client of The Contractor, who has never entered into any contractual relationship with The Contractor, who has never paid The Contractor for any service, and whose interaction with The Contractor (if any) is limited to incidental encounters such as: passing The Contractor's vehicles on the road, observing The Contractor's crew at work in a public space, holding a personal opinion about The Contractor's brand, advertising, pricing, business practices or reputation, or any other circumstance not involving the provision or receipt of services.
12.6 The Contractor's contractual protections in this Section, and the ordinary norms of consumer review platforms, are premised on reviews being expressions of genuine customer experience. Publications about The Contractor by persons who have never been Clients of The Contractor fall outside the ordinary category of consumer reviews and are treated differently, as follows:
12.6.1 The Contractor may report any review purporting to describe service experience but published by a person who has never been a Client to the relevant platform as inauthentic content in breach of the platform's policies requiring reviews to be based on genuine customer experience;
12.6.2 The Contractor may publish a response identifying that the reviewer has no record of engagement with The Contractor and that the publication does not represent an experience of The Contractor's services;
12.6.3 Where the publication contains false statements of fact about The Contractor, its crew, its vehicles, its practices or its business, The Contractor reserves all remedies under clause 5, including claims under the Defamation Act 2013, the Malicious Falsehood tort and the tort of unlawful interference with business;
12.6.4 Where the publication is grounded in an incidental encounter (such as a driving interaction, a public observation of the crew at work, or an opinion about advertising) rather than in service experience, and is expressed in a manner that gives the misleading impression of being a customer review, The Contractor may pursue additional claims for misleading conduct and for the resulting reputational and commercial harm.
12.7 Where a non-Client publishes a factually accurate personal opinion that is clearly presented as such (for example, an opinion about The Contractor's advertising, pricing or observed operations, expressed honestly and without factual falsehood), The Contractor recognises the right of that person to hold and express such an opinion within the limits set out in clause 10 (Statutory Rights and Freedom of Expression). This clause 12 addresses only publications that are either presented misleadingly as customer reviews, or that contain false statements of fact, or that otherwise fall within clause 2.2 of this Section.
12.8 Where The Contractor is unable to identify a reviewer as either a Client or a non-Client, the reviewer shall be requested to provide sufficient information to enable verification, in accordance with clause 19.3 of this Section. Where verification is refused or impossible, The Contractor may treat the review with the degree of caution appropriate to unverifiable content.
13. FALSE COMPARISONS WITH COMPETITORS:
13.1 Where a review or public statement compares The Contractor's services with those of a named or identifiable competitor, the comparison must be based on accurate, verifiable facts and reflect a genuine comparison of like services.
13.2 The Client shall not publish or share any comparison that:
13.2.1 contains false statements about The Contractor's services, pricing, insurance, crew, subcontractors or any other aspect of the business;
13.2.2 misrepresents the scope, terms or standards of the services provided;
13.2.3 attributes to The Contractor conduct, prices, policies or outcomes that do not correspond to the actual service received;
13.2.4 is designed to mislead readers into believing that a competitor offers materially better services when no factual basis exists for such a comparison.
13.3 False or misleading competitive comparisons published by a Client may give rise to claims against the Client under the Defamation Act 2013 and the Malicious Falsehood tort, and The Contractor reserves all rights under clause 5 of this Section.
14. UPDATING OR REMOVING REVIEWS FOLLOWING RESOLUTION:
14.1 Where the Client has published a negative review or public statement in relation to a specific issue with The Contractor's service, and that specific issue has subsequently been resolved through The Contractor's complaints procedure or through a negotiated settlement between the Parties, the Client is contractually required to consider updating or removing the review to reflect the resolved position.
14.2 The Client is not required to change the review to become positive. The obligation is limited to reflecting the resolved status accurately. The Client may:
14.2.1 update the review to note that the matter has been resolved to the Client's satisfaction;
14.2.2 remove the review entirely; or
14.2.3 leave the review in place but add a public update noting the resolution.
14.3 Where the Client fails to update or remove a review following resolution of the underlying issue, and where The Contractor can demonstrate that the continued publication is causing ongoing commercial harm despite the underlying facts having been addressed, The Contractor reserves the right to:
14.3.1 publish a public response noting that the matter has been resolved and the review has not been updated by the Client;
14.3.2 pursue remedies under the Malicious Falsehood tort where the continued publication is knowingly misleading;
14.3.3 pursue remedies under the Defamation Act 2013 where the ongoing publication meets the serious harm threshold;
14.3.4 recover damages for ongoing commercial loss attributable to the outdated publication.
14.4 Where a resolution is agreed by way of settlement, the Parties may include as a specific condition of the settlement that the Client shall update or remove any published review within a specified period. Failure to comply with such a settlement condition constitutes a breach of the settlement agreement, entitling The Contractor to withdraw the settlement, reinstate the underlying claim and pursue all remedies.
15. COORDINATED MULTI-PLATFORM PUBLICATION:
15.1 Where the Client publishes substantively similar negative reviews, ratings or public statements about The Contractor across multiple review platforms, social media channels or other public forums within a short period of time, and the effect or apparent intention is to maximise reputational damage to The Contractor beyond what would arise from a single genuine review, this shall be treated as coordinated multi-platform publication.
15.2 Coordinated multi-platform publication is treated by The Contractor as an indicator of bad faith conduct rather than genuine consumer feedback. Where such publication occurs, The Contractor reserves the right to:
15.2.1 report the pattern to each platform as coordinated inauthentic behaviour or as breach of the platform's community standards;
15.2.2 publish coordinated responses across the affected platforms noting the Client's coordinated conduct and the availability of the formal complaints procedure that the Client did not follow;
15.2.3 treat the coordinated publication as an aggravating factor in any claim under clause 5 or clause 14 of this Section, supporting higher damages;
15.2.4 pursue an injunction requiring removal of all instances of the coordinated publication.
15.3 The Contractor treats the protection of its brand and reputation as a legitimate commercial interest and will vigorously defend against coordinated attempts to inflict reputational damage regardless of the number of platforms involved.
16. CONTRACTOR'S EMPLOYEES AND SUBCONTRACTORS AS REVIEWERS:
16.1 The Contractor does not solicit, direct, incentivise or reward its employees, subcontractors, agents or representatives to publish reviews of The Contractor's services under the guise of being independent customers. The Contractor's policies prohibit its personnel from publishing inauthentic reviews.
16.2 Where a member of The Contractor's personnel publishes a genuine personal review of The Contractor as a customer (for example, where they have used The Contractor's services in a personal capacity separate from their employment), such review is a personal expression and The Contractor does not accept responsibility for its content.
16.3 Any allegation by a Client that The Contractor has procured inauthentic positive reviews from its personnel must be supported by specific evidence and shall be responded to under the complaints procedure in Section IX.
17. CONTRACTOR'S RESPONSE TIME TO REVIEWS:
17.1 The Contractor endeavours to respond to reviews and public statements in a considered, professional and constructive manner. Preparing a proper response often requires internal review, verification of facts, consultation with the relevant crew members and consideration of the appropriate tone.
17.2 The Contractor does not commit to any specific timeframe for responding to reviews, and shall not be judged by the timing of any response. Response timing depends on:
17.2.1 the seriousness and complexity of the content;
17.2.2 the availability of relevant personnel;
17.2.3 any parallel investigation being conducted under the complaints procedure;
17.2.4 operational priorities at the time of publication.
17.3 The absence of a rapid response to a review shall not be interpreted as concession, acceptance or acknowledgement of the content of the review. The Contractor reserves the right to respond at a time of its choosing and, where appropriate, not to respond at all.
17.4 The Contractor does not owe the Client, or any other person, any duty to respond to a review within any particular period. Any complaint about response timing is an inappropriate basis for a claim against The Contractor.
18. BUSINESS AND COMMERCIAL CLIENT REVIEWS:
18.1 Where the Client is a business, the standard of accuracy expected in any review or public statement is higher than for individual consumer reviews. Business reviews may be published on platforms including but not limited to LinkedIn, business directories, industry publications and business review sites, and may reach an audience of other business clients or potential clients of The Contractor.
18.2 Business Clients publishing reviews or public statements about The Contractor:
18.2.1 shall ensure that any statement of fact is accurate and verifiable;
18.2.2 shall not publish comparative statements that place The Contractor in an unfair light relative to competitors without accurate factual basis;
18.2.3 shall not publish statements designed to interfere with The Contractor's business relationships with other current or prospective business Clients;
18.2.4 accept that the commercial impact of a business review may materially exceed the commercial impact of an individual consumer review and that damages arising from a business review, where liability is established, may be assessed accordingly.
18.3 The Contractor's protections and remedies against inaccurate business reviews include:
18.3.1 publication of detailed factual responses in the business context, including specific reference to the contractual position and outcome of the engagement;
18.3.2 direct communication with the business Client's own commercial contacts, executives or board where the reputational harm justifies such escalation;
18.3.3 claims under the Defamation Act 2013 with damages calibrated to business context, including loss of potential contracts and business relationships;
18.3.4 claims under the tort of malicious falsehood specifically applicable to business trade;
18.3.5 claims under the tort of unlawful interference with business where a business review appears designed to disrupt The Contractor's commercial operations;
18.3.6 reporting to industry associations, procurement bodies and any framework agreements under which the business Client operates.
18.4 The Contractor's rights under this clause operate in addition to and not in place of the general remedies under clause 5 of this Section.
18.5 Preference for confidential resolution through the complaints channel. The Contractor strongly prefers that any concern, complaint, dissatisfaction, dispute or grievance raised by a business Client is directed in the first instance through the formal complaints channel set out in Section IX, rather than being published in reviews, on social media, or in any other public forum. This preference reflects the following:
18.5.1 commercial concerns are frequently technical, contractual or operational in nature and are best addressed through direct communication where all relevant facts can be examined;
18.5.2 publication of business concerns in public forums, particularly before The Contractor has had the opportunity to investigate and respond, can cause disproportionate reputational harm that is difficult to remedy even if the underlying concern is subsequently resolved;
18.5.3 the formal complaints channel enables The Contractor to investigate thoroughly, engage the relevant personnel, and offer meaningful resolution in a manner that public forums do not permit;
18.5.4 confidential resolution preserves both Parties' commercial relationships and reputations.
18.6 The business Client accepts that publishing complaints, criticisms or negative reviews about The Contractor in public forums without first raising the matter through the formal complaints channel will be treated by The Contractor as inconsistent with the spirit of good faith commercial dealing between the Parties. Where such publication occurs without prior engagement with the complaints channel:
18.6.1 The Contractor may publish a response noting that the business Client did not engage the formal complaints channel before publishing;
18.6.2 the failure to use the complaints channel may be treated as an aggravating factor in any claim under clause 5, clause 14 or clause 15 of this Section;
18.6.3 the business Client's ongoing eligibility for The Contractor's services in future engagements may be reviewed in light of the conduct;
18.6.4 where the business Client is subject to any framework agreement, panel arrangement or preferred supplier relationship with The Contractor, that arrangement may be reviewed.
18.7 This clause does not prevent a business Client from ultimately publishing an honest review or public statement after the complaints channel has been exhausted or the underlying concern has been addressed. It requires only that the complaints channel is engaged first, so that The Contractor has a genuine opportunity to address the concern before it enters the public domain.
19. IDENTIFIABLE VERSUS ANONYMOUS CLIENT REVIEWS:
19.1 The Contractor recognises that reviews published on public platforms fall into two distinct categories in respect of the reviewer's identifiability, and that these categories require different treatment for the purposes of verification, response and remedy.
19.2 Identified reviews. Where a Client publishes a review under a name, profile or other information that enables The Contractor to identify the review as being from a specific Client of record, the review shall be treated as a formal expression of that Client's experience. The Contractor may:
19.2.1 verify the review against the Client's Service Agreement, Booking Confirmation and internal records;
19.2.2 engage directly with the Client to resolve any underlying issues through the formal complaints procedure in Section IX;
19.2.3 publish a response that appropriately references the specific service, dates and factual context, subject to data protection obligations;
19.2.4 hold the Client to the standards of accuracy and fair conduct set out in clauses 2, 13 and 18 of this Section, with direct enforcement remedies under clause 5.
19.3 Anonymous or unidentifiable reviews. Where a review is published under an anonymous username, pseudonym, initials only, or any other identifier that does not enable The Contractor to identify the reviewer as a specific Client of record, the review is treated with additional caution. The Contractor may:
19.3.1 request that the reviewer disclose sufficient identifying information (such as booking reference number, service date or address) to enable The Contractor to verify the review against internal records and respond meaningfully;
19.3.2 publish a response noting that the review is unverifiable in its current form and inviting the reviewer to contact The Contractor's complaints procedure with identifying details;
19.3.3 request that the review platform provide reasonable verification that the reviewer was in fact a Client of The Contractor, in accordance with the platform's policies;
19.3.4 treat an anonymous review that cannot be verified against any Client of record as an indicator that the review may not represent a genuine customer experience and may fall within the categories of inauthentic or coordinated reviews addressed in clauses 11 and 15.
19.4 Where an anonymous review contains factual inaccuracies, malicious content or breaches clause 2.2, The Contractor's remedies under clause 5 apply notwithstanding the reviewer's anonymity. The Contractor may pursue applications to the review platform, to internet service providers, or to the courts (including Norwich Pharmacal orders) to identify the anonymous reviewer where necessary to protect The Contractor's legitimate interests.
19.5 The treatment of a review as identified or anonymous is a matter for The Contractor's reasonable assessment based on the information available on the review platform. The Client acknowledges that publishing a review anonymously does not confer immunity from the standards of accuracy and fair conduct set out in this Section.
19.6 No penalty for anonymous reviewing. Nothing in this clause discourages, penalises or restricts a Client's legitimate right to publish anonymous reviews of genuine experiences. The distinction drawn between identified and anonymous reviews is limited to the practical matter of verification, response format and evidential handling. Anonymous genuine reviews are welcomed and treated on their merits.
SECTION XV: DATA PROTECTION
1. LEGAL FRAMEWORK AND COMPLIANCE:
1.1 The Contractor is fully compliant with the United Kingdom General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 (PECR) as amended, and all other data protection legislation and regulatory guidance applicable to The Contractor's business in the United Kingdom.
1.2 The Contractor is registered with the Information Commissioner's Office (ICO) as a data controller. The Contractor's ICO registration reference is ZB043783.
1.3 Registration is renewed annually. Appropriate fees are paid in accordance with the Data Protection (Charges and Information) Regulations 2018. The Contractor's registration is approved and current, and The Contractor is fully compliant with its obligations under the UK General Data Protection Regulation and the Data Protection Act 2018.
1.4 The Contractor has appointed a Data Protection Officer (DPO) with responsibility for oversight of data protection compliance, response to data subject rights requests, coordination with the ICO where necessary, and internal training and audit of data handling procedures. The DPO can be contacted through the formal Data Protection Compliance Channel described in clause 13 of this Section.
1.5 The Contractor acts as data controller in respect of the personal data it collects and processes in the course of providing services to Clients. Where The Contractor engages third parties to process personal data on its behalf (such as IT service providers, accounting software providers or subcontractors handling Client bookings), such third parties act as data processors and are engaged under written data processing agreements complying with UK GDPR Article 28.
2. CATEGORIES OF PERSONAL DATA PROCESSED:
2.1 The Contractor processes the following categories of personal data in the course of providing services:
2.1.1 Client identification and contact details, including name, address, email address, telephone number, and where applicable, alternative contact details for family members or authorised representatives;
2.1.2 Service-related information, including origin and destination addresses, dates of service, inventory of Goods, special handling requirements, access instructions, and payment information;
2.1.3 Communication records, including emails, WhatsApp messages, SMS messages, telephone call notes and Complaints Portal submissions;
2.1.4 Photographic and video documentation of Goods, packing, loading, transit, unloading and property condition, taken by The Contractor's crew in accordance with Section VII, clause 3.3;
2.1.5 CCTV footage from The Contractor's warehouse, office and storage facility;
2.1.6 Dashcam footage from The Contractor's vehicles, capturing road interactions and vehicle activity;
2.1.7 Financial records, including invoices, payments received, payment methods (excluding full card details, which The Contractor does not accept or store), and any credit or debt recovery information;
2.1.8 Personnel data of The Contractor's employees, subcontractors and workers, held separately in accordance with employment law and this Section;
2.1.9 Marketing preferences and consent records, where applicable.
2.2 The Contractor does not routinely process special category data as defined in UK GDPR Article 9 (data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, health data, or data concerning sex life or sexual orientation) except where the Client voluntarily discloses such data in the context of specific service requirements (for example, medical equipment for a household member, or accessibility needs of the Client).
3. LAWFUL BASIS FOR PROCESSING:
3.1 The Contractor processes personal data on the following lawful bases in accordance with UK GDPR Article 6:
3.1.1 Performance of a contract (Article 6(1)(b)) - for the delivery of services under the Service Agreement, including quotation, booking, service performance, invoicing and post-service communication;
3.1.2 Legitimate interests (Article 6(1)(f)) - for the protection of The Contractor's property, prevention and investigation of claims, quality assurance, training, security operations including CCTV and dashcam use, and internal business analytics;
3.1.3 Legal obligation (Article 6(1)(c)) - for compliance with HMRC record-keeping requirements, Companies Act reporting, Anti-Money Laundering obligations under the Money Laundering Regulations 2017, and any statutory requirement to disclose data;
3.1.4 Consent (Article 6(1)(a)) - for marketing communications and any processing that is not covered by another lawful basis;
3.1.5 Vital interests (Article 6(1)(d)) - in exceptional circumstances where processing is necessary to protect a person's life or safety.
3.2 The Contractor conducts legitimate interest assessments (LIAs) where relying on Article 6(1)(f), balancing the legitimate business interest against the rights and freedoms of the data subject. LIAs are documented and available to the ICO on request.
4. CCTV IN WAREHOUSE, OFFICE AND STORAGE FACILITY:
4.1 The Contractor operates CCTV systems at its office, warehouse and Storage Facility for the following legitimate purposes:
4.1.1 protection of Goods stored in the Storage Facility against theft, damage or unauthorised access;
4.1.2 safety of The Contractor's personnel, visiting Clients and third parties;
4.1.3 evidential record in the event of claims regarding damage, loss, or condition of Goods on entry to or exit from the Storage Facility;
4.1.4 prevention and investigation of crime, in cooperation with law enforcement authorities where appropriate;
4.1.5 monitoring of health and safety compliance and operational procedures.
4.2 CCTV areas are indicated by signage placed at the entrance to monitored areas, in accordance with the ICO's CCTV Code of Practice. The signage identifies The Contractor as the operator and provides contact information.
4.3 CCTV footage is retained for a period of 30 calendar days from recording, after which it is permanently deleted, save where a specific incident, claim, investigation or legal proceeding requires longer retention. Where extended retention is applied, the specific footage relevant to that matter is preserved and general retention resumes for other footage.
4.4 Access to CCTV footage is restricted to authorised personnel with a specific operational or investigative need. Requests by Clients to view CCTV footage relating to their own Goods or service are handled under the data subject access request procedure in clause 8 of this Section.
4.5 Where CCTV footage is provided to law enforcement authorities, insurance investigators or courts under legal obligation or in support of a legitimate investigation, such disclosure is made in accordance with data protection law and documented internally.
5. DASHCAMS IN CONTRACTOR'S VEHICLES:
5.1 The Contractor operates dashcams (in-vehicle recording devices) in its removal vehicles for the following legitimate purposes:
5.1.1 driver safety and evidence in the event of road traffic incidents;
5.1.2 protection of The Contractor's insurance position and defence of any claim arising from vehicle use;
5.1.3 monitoring of driving standards and compliance with fleet management policies;
5.1.4 evidential record in the event of disputes about the condition or handling of Goods during transit;
5.1.5 protection against fraudulent claims, including staged accidents and fabricated allegations against The Contractor's crew.
5.2 Dashcam footage captures the road environment ahead of the vehicle, the driving position, and, in some vehicles, the interior loading area. Members of the public captured incidentally in dashcam footage are processed under The Contractor's legitimate interests as set out in clause 3.1(b), balanced with reasonable expectations of privacy in public spaces.
5.3 Dashcam footage is retained on a rolling basis for a maximum of 30 calendar days from recording, after which it is overwritten or permanently deleted. Specific footage relating to identified incidents, claims or investigations is downloaded and retained separately for the duration of the matter and any applicable limitation period.
5.4 Members of the public who believe they have been captured on The Contractor's dashcam footage in a manner engaging their data protection rights may contact The Contractor's DPO through the formal Data Protection Compliance Channel described in clause 13 of this Section, or through the Compliance Section on octagonremovals.co.uk, to make a data subject access request.
6. PHOTOGRAPHIC DOCUMENTATION OF SERVICES:
6.1 The Contractor's crew produces photographic documentation of Goods, packing, loading, transit, unloading, property condition and completed services in accordance with Section VII, clause 3.3 and other relevant provisions of these T&Cs. This documentation forms an operational record and evidence of the condition and handling of Goods at each stage of the service.
6.2 The lawful basis for photographic documentation is:
6.2.1 performance of the contract, where photographs are used to confirm scope of work, condition of Goods, and completion of service;
6.2.2 legitimate interests, where photographs are used to defend against claims, verify allegations of damage, or resolve disputes.
6.3 Retention periods for photographic documentation:
6.3.1 Removals services: photographs are retained for 14 calendar days from the date of completion of the service, after which they are permanently deleted, save where a specific claim, complaint or dispute is active in relation to that service, in which case the relevant photographs are preserved for the duration of the matter and any applicable limitation period;
6.3.2 Storage services: photographs are retained for the duration of the storage period plus 14 calendar days from the date of return of the Goods to the Client or their authorised representative, after which they are permanently deleted, save where a specific claim, complaint or dispute is active;
6.3.3 Cleaning services: photographs are retained for 14 calendar days from the date of completion of the cleaning service, subject to the same claim exception;
6.3.4 Piano removals: photographs are retained for 14 calendar days from the date of completion of the service, subject to the same claim exception.
6.4 Where the Client requests copies of photographic documentation within the retention period, The Contractor shall provide copies without undue delay, subject to data protection considerations (for example, redaction of third party personal data captured in the photographs).
6.5 Photographic documentation is stored on secure systems accessible only to authorised personnel. Photographs are not shared publicly, used for marketing or provided to third parties without the Client's specific consent, save where disclosure is required by law or in accordance with the complaints and claims procedures set out in these T&Cs.
7. STORAGE AND SECURITY OF PERSONAL DATA:
7.1 The Contractor implements appropriate technical and organisational measures to protect personal data against unauthorised access, accidental loss, destruction or damage, in accordance with UK GDPR Article 32. Measures include but are not limited to:
7.1.1 access controls restricting personal data to authorised personnel with a defined operational need;
7.1.2 encryption of data in transit and at rest where appropriate;
7.1.3 secure disposal of physical records and secure deletion of electronic records;
7.1.4 staff training on data protection obligations and confidentiality;
7.1.5 confidentiality obligations imposed on all employees, subcontractors and workers with access to personal data;
7.1.6 physical security of premises where personal data is stored;
7.1.7 regular review of security measures and prompt implementation of updates in response to emerging threats.
7.2 The Contractor's staff, subcontractors and workers are bound by confidentiality obligations covering personal data, both during and after their engagement with The Contractor.
8. DATA SUBJECT RIGHTS:
8.1 Data subjects, including Clients and their household members whose data is processed by The Contractor, have the following rights under UK GDPR:
8.1.1 the right to be informed about the processing of their personal data;
8.1.2 the right of access to their personal data (subject access request);
8.1.3 the right to rectification of inaccurate personal data;
8.1.4 the right to erasure of personal data in defined circumstances;
8.1.5 the right to restrict processing in defined circumstances;
8.1.6 the right to data portability where processing is based on consent or contract and is carried out by automated means;
8.1.7 the right to object to processing based on legitimate interests or direct marketing;
8.1.8 rights in relation to automated decision-making and profiling (which The Contractor does not routinely conduct).
8.2 Requests to exercise data subject rights must be submitted through the formal Data Protection Compliance Channel accessible via the Compliance Section on octagonremovals.co.uk. This is the sole and exclusive channel for the submission of data subject rights requests. The channel provides the appropriate submission form and ensures that requests are routed directly to the DPO and processed in accordance with The Contractor's internal data protection procedures. Requests submitted through this channel are logged, tracked, and responded to within one calendar month of receipt, extendable by two further months for complex or numerous requests, in accordance with UK GDPR Article 12(3). Requests submitted through any other channel, including email direct to individual staff members, letters not addressed through the Compliance Section, or verbal requests, will be redirected to the Compliance Section for formal submission before being actioned.
8.3 The Contractor may request additional information to verify the identity of a data subject making a request. Verification is necessary to prevent unauthorised disclosure of personal data.
8.4 The right to erasure and the right to restrict processing do not override:
8.4.1 The Contractor's legal obligations to retain records (for example, HMRC seven-year retention of financial records);
8.4.2 The Contractor's legitimate interest in retaining documentation relevant to actual or anticipated claims;
8.4.3 The Contractor's rights to defend legal claims and enforce its contractual rights.
9. MARKETING COMMUNICATIONS:
9.1 The Contractor sends marketing communications (including newsletters, service updates, seasonal offers and promotional content) by email, SMS and WhatsApp to Clients and prospective Clients who have provided their contact details and have not opted out of receiving such communications.
9.2 Marketing communications are sent on one of the following lawful bases:
9.2.1 Consent, freely given, specific, informed and unambiguous, in accordance with UK GDPR Article 6(1)(a) and Regulation 22 of PECR;
9.2.2 Soft opt-in for existing Clients, where the Client's contact details were obtained in the course of the sale or negotiation of a service, marketing relates to similar services provided by The Contractor, and the Client was given the opportunity to opt out at the time of collection and in every subsequent communication, in accordance with Regulation 22(3) of PECR.
9.3 Every marketing communication includes a clear and functional opt-out mechanism (unsubscribe link for emails, STOP reply for SMS, and either a STOP reply or direct message request to be removed from the marketing list for WhatsApp). Opt-out requests are actioned promptly and the Client is removed from marketing lists without further communication.
9.4 Withdrawal of marketing consent does not affect:
9.4.1 service-related communications necessary for the performance of the Service Agreement (booking confirmations, delivery notes, invoices, payment reminders, safety information);
9.4.2 communications required by law or regulatory obligation;
9.4.3 responses to Client-initiated enquiries.
9.5 The Contractor maintains records of marketing consent and opt-out preferences to ensure ongoing compliance with PECR and UK GDPR.
10. RETENTION PERIODS:
10.1 The Contractor retains personal data only for as long as is necessary for the purposes for which it was collected, subject to legal, regulatory and legitimate business retention requirements. Standard retention periods are:
10.1.1 Financial records (invoices, payments, VAT records): 7 years from the end of the tax year in which the transaction occurred, in accordance with HMRC requirements;
10.1.2 Service records (Booking Confirmations, Delivery Notes, Inventory Lists): 7 years from the completion of the service, aligned with limitation periods for contractual claims;
10.1.3 Communication records (emails, WhatsApp, SMS, portal messages): 3 years from the last communication with the Client;
10.1.4 Photographic and video documentation of services: as set out in clause 6.3;
10.1.5 CCTV footage: as set out in clause 4.3;
10.1.6 Dashcam footage: as set out in clause 5.3;
10.1.7 Marketing consent and preference records: retained for as long as the person remains a marketing contact, plus 2 years after last consent activity;
10.1.8 Personnel records: as required by employment law and HMRC, typically 6 years from the end of engagement.
10.2 Where a specific claim, complaint, dispute, investigation or legal proceeding is active, relevant records are preserved for the duration of the matter and any applicable limitation period, notwithstanding the standard retention periods above.
10.3 On expiry of retention periods, personal data is securely deleted or anonymised in accordance with The Contractor's data deletion procedures.
11. INTERNATIONAL DATA TRANSFERS:
11.1 The Contractor primarily processes personal data within the United Kingdom. Where personal data is transferred outside the United Kingdom (for example, where a Client is relocating internationally, or where a technology service provider operates cloud infrastructure in another jurisdiction), such transfers are made in accordance with UK GDPR Chapter V.
11.2 International transfers are made under one or more of the following safeguards, as applicable:
11.2.1 transfer to a country with an adequacy decision from the UK Government;
11.2.2 International Data Transfer Agreement (IDTA) or the UK Addendum to the EU Standard Contractual Clauses;
11.2.3 Binding Corporate Rules where applicable;
11.2.4 specific derogations under UK GDPR Article 49, such as the necessity of the transfer for the performance of a contract with the data subject.
11.3 Where personal data is transferred to a destination country agent in the context of an international relocation service, the transfer is made on the basis of the necessity for the performance of the Service Agreement, and the destination agent is required to comply with equivalent data protection standards.
12. DATA BREACHES:
12.1 The Contractor maintains an internal data breach response procedure managed by the DPO. In the event of a personal data breach, the DPO conducts a prompt assessment of:
12.1.1 the nature and scope of the breach;
12.1.2 the categories and approximate number of data subjects affected;
12.1.3 the likely consequences of the breach;
12.1.4 measures taken or proposed to address the breach and mitigate its effects.
12.2 Where a breach is likely to result in a risk to the rights and freedoms of data subjects, The Contractor notifies the ICO without undue delay and, where feasible, within 72 hours of becoming aware of the breach, in accordance with UK GDPR Article 33.
12.3 Where a breach is likely to result in a high risk to the rights and freedoms of data subjects, The Contractor also notifies the affected data subjects without undue delay, in accordance with UK GDPR Article 34, providing information about the breach and steps the data subjects can take to protect themselves.
12.4 The Contractor maintains an internal register of all personal data breaches, including those not requiring external notification, for audit purposes and continuous improvement.
13. DATA PROTECTION COMPLIANCE CHANNEL:
13.1 The Contractor operates a formal Data Protection Compliance Channel through the Compliance Section on octagonremovals.co.uk. This is the primary and preferred channel for all data protection matters, including:
13.1.1 concerns, objections or complaints about The Contractor's data handling practices;
13.1.2 questions or enquiries directed to the DPO regarding processing of personal data;
13.1.3 questions or objections regarding the Privacy Policy or Privacy Notice;
13.1.4 requests to exercise data subject rights under UK GDPR (including access, rectification, erasure, restriction, portability and objection);
13.1.5 requests for deletion of personal data held by The Contractor;
13.1.6 reports of suspected personal data breaches or security concerns;
13.1.7 any other matter relating to the Client's personal data or The Contractor's data protection compliance.
13.2 The Compliance Section on octagonremovals.co.uk provides a dedicated data deletion request widget through which Clients can submit a formal request for deletion of the personal data The Contractor holds about them. Submissions through this widget are received directly by the DPO, logged, tracked, and processed in accordance with clause 8 of this Section and applicable data protection legislation.
13.3 Where a Client requests deletion of their personal data, The Contractor will confirm the deletion in writing once completed, subject to the retention exceptions set out in clauses 8.4 and 10.2 of this Section (including HMRC record retention obligations, active claims and legitimate interest in defending legal claims). Where retention exceptions apply, The Contractor will explain the specific data that must be retained and the legal basis for such retention.
13.4 The formal Data Protection Compliance Channel operates independently from The Contractor's general Complaints Portal referenced in Section IX, though both channels are accessible through octagonremovals.co.uk. The Data Protection Compliance Channel is dedicated specifically to data protection and privacy matters and is monitored by the DPO.
13.5 Where the Client is unable to use the online Compliance Section for any reason, the sole alternative channel of communication is direct telephone contact with The Contractor on the number published on octagonremovals.co.uk. No other communication channels (including email direct to individual staff members, WhatsApp, SMS, in-person requests to crew, or letters to the registered office) are recognised as valid channels for the submission of data protection matters. Where telephone contact is used, The Contractor's staff will guide the Client through the formal recording of the matter and route it to the DPO for processing.
13.6 The Contractor investigates and responds to submissions through the Data Protection Compliance Channel as a matter of priority. Standard response timeframes are set out in clause 8.2. Where a matter is complex, The Contractor will acknowledge receipt within a reasonable period and provide an indicative timeframe for substantive response.
13.7 Escalation to the ICO. Data subjects who remain dissatisfied with The Contractor's response to a data protection matter have the right to complain to the Information Commissioner's Office. The ICO can be contacted at:
Information Commissioner's Office Wycliffe House, Water Lane Wilmslow, Cheshire SK9 5AF Telephone: 0303 123 1113 Website: ico.org.uk
13.8 The right to complain to the ICO does not affect the data subject's right to seek judicial remedy in accordance with UK GDPR Article 79 and the Data Protection Act 2018.
14. PRIVACY POLICY AND PRIVACY NOTICE:
14.1 The Contractor publishes a Privacy Policy on octagonremovals.co.uk providing detailed information about the personal data The Contractor collects, how it is used, retained, and protected, and the rights of data subjects. This Section XV, together with the Privacy Policy, serves as The Contractor's Privacy Notice for the purposes of UK GDPR Article 13 and Article 14.
14.2 The Privacy Policy supplements and provides additional operational detail to the provisions of this Section, and is regularly reviewed to reflect changes in The Contractor's practices, legislative developments and regulatory guidance.
14.3 In the event of any inconsistency between this Section and the published Privacy Policy, the more protective provision from the perspective of the data subject shall prevail.
15. RELATIONSHIP WITH OTHER SECTIONS:
15.1 This Section XV interacts with other Sections of these T&Cs as follows:
15.1.1 Section VII, clause 3.3 (photographic documentation of services): governed by this Section for data protection purposes;
15.1.2 Section IX, clause 19 (Complaints Portal): the same portal serves as the point of contact for data protection concerns;
15.1.3 Section XIII, clause 14 (Confidential Material and Intellectual Property) and clause 28 (Mutual Data Protection and Sharing): commercial context provisions supplement this Section;
15.1.4 Section XIV (Reviews): personal data of Clients disclosed in the context of reviews is treated in accordance with this Section.
15.2 The Contractor's confidentiality obligations under Section XVI (General Conditions) apply to all Client information, including personal data, and complement the data protection obligations set out in this Section.
SECTION XVI: GENERAL CONDITIONS
1. ENTIRE AGREEMENT:
1.1 These Terms and Conditions, together with the Quotation, Booking Confirmation, Inventory List, Delivery Note, the Service Agreement, and any signed personal guarantee, constitute the entire agreement between The Contractor and the Client in respect of the services provided.
1.2 The Client acknowledges that in entering into the Service Agreement, the Client has not relied on any representation, statement, warranty, promise or assurance made by or on behalf of The Contractor that is not expressly set out in these T&Cs or in the Quotation and Booking Confirmation. Nothing in this clause limits or excludes liability for fraud or fraudulent misrepresentation.
1.3 Any prior discussions, negotiations, correspondence, verbal statements, marketing materials, advertising content, website content, or other communications between the Parties are superseded by these T&Cs and the associated documents identified in clause 1.1. Where a specific verbal or written representation is intended to form part of the Service Agreement, it must be expressly incorporated in writing into the Quotation, Booking Confirmation or the Service Agreement.
2. AMENDMENTS AND VARIATIONS:
2.1 No amendment or variation to these T&Cs shall be effective unless made in writing and signed by an authorised representative of The Contractor. Verbal amendments, informal communications between the Client and The Contractor's crew, or attempts to vary the T&Cs through email or messaging without formal acknowledgement from The Contractor's authorised representative shall have no effect.
2.2 The Contractor may amend these T&Cs from time to time to reflect changes in legislation, business practices, industry standards, or operational requirements. The version of the T&Cs applicable to any Service Agreement is the version in force at the date of the Booking Confirmation, unless the Parties agree in writing that a subsequent version shall apply.
2.3 Scope changes during service performance shall be handled in accordance with Section IV, clause 12 (Scope Changes and Additional Charges). Such scope changes are variations to the service delivered under the Service Agreement, not amendments to the T&Cs themselves.
3. SEVERABILITY:
3.1 If any provision of these T&Cs is found by a court, tribunal, arbitrator or competent regulatory authority to be invalid, unlawful, unenforceable, or void, in whole or in part, the remainder of these T&Cs shall continue in full force and effect. The invalid, unlawful, unenforceable or void provision shall be severed from these T&Cs to the minimum extent necessary.
3.2 Where possible, the Parties shall in good faith negotiate a valid, lawful and enforceable replacement provision that most closely reflects the commercial intent of the original provision. Pending such replacement, these T&Cs shall be interpreted and applied so as to give effect to the commercial intent of the Parties to the fullest extent permitted by law.
3.3 The invalidity of any provision in one jurisdiction shall not affect the validity of that provision in any other jurisdiction where these T&Cs may be enforced.
4. WAIVER:
4.1 A failure or delay by The Contractor to exercise any right, power or remedy under these T&Cs shall not operate as a waiver of that right, power or remedy, nor shall it preclude the exercise of that or any other right, power or remedy on any subsequent occasion.
4.2 A single or partial exercise by The Contractor of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy.
4.3 Any waiver by The Contractor of any breach of these T&Cs by the Client shall be effective only if made in writing and signed by an authorised representative of The Contractor. Such waiver shall apply only to the specific breach identified and shall not constitute a waiver of any subsequent or continuing breach, whether of the same or any other provision.
4.4 The commercial discretion of The Contractor to waive fees, reduce charges, offer goodwill gestures, or resolve matters through mediation shall not create any precedent, expectation or right on the part of the Client to receive similar treatment in any future engagement.
5. ASSIGNMENT AND SUBCONTRACTING:
5.1 The Client shall not assign, transfer, sub-license, mortgage, charge, declare a trust over, or otherwise dispose of any of its rights or obligations under the Service Agreement without the prior written consent of The Contractor. Any attempted assignment in breach of this clause shall be void.
5.2 The Contractor may, without the Client's consent:
5.2.1 subcontract the performance of any part of the services to third party subcontractors, agents or workers, in accordance with Section VI, clause 2.17 and Section XIII, clause 21;
5.2.2 assign, transfer or novate the Service Agreement to any successor entity, affiliate, or purchaser of all or part of The Contractor's business;
5.2.3 assign any debt or claim arising under the Service Agreement to a third party debt purchaser or debt collection agency in accordance with Section IV, clause 5, Section IX, clause 15, and Section XIII, clause 23.10.
5.3 The Contractor shall remain responsible to the Client for the performance of the services notwithstanding any subcontracting, save where the Service Agreement is fully novated to a successor entity with the Client's express written consent.
6. THIRD PARTY RIGHTS:
6.1 A person who is not a Party to the Service Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these T&Cs. This clause does not affect any right or remedy of a third party which exists, or is available, apart from that Act.
6.2 Notwithstanding clause 6.1, The Contractor's employees, subcontractors, agents and workers may enforce and rely upon any provision of these T&Cs that expressly or by implication confers a benefit or protection upon them, including but not limited to the non-solicitation provisions in Section XIII, clause 31 and the anti-abuse and confidentiality provisions applicable to Contractor personnel.
6.3 The rights of the Parties to rescind, vary or terminate the Service Agreement are not subject to the consent of any third party.
7. NOTICES AND COMMUNICATIONS:
7.1 Formal notices under these T&Cs shall be given in writing to the Party's registered office (in the case of a corporate Party) or usual residential address (in the case of an individual Party). Notices may be sent by:
7.1.1 personal delivery, effective on delivery;
7.1.2 recorded delivery or registered post, effective on the second business day after posting;
7.1.3 email to a designated email address, effective on transmission provided that no bounce-back or non-delivery notification is received.
7.2 Day-to-day operational communications between the Client and The Contractor may be conducted by email, WhatsApp, SMS, telephone, or through The Contractor's Complaints Portal and Compliance Section, and shall be effective when actually received by the intended recipient.
7.3 Notices to The Contractor should be addressed to: Octagon Removals Ltd Office 56, Millmead Business Centre Millmead Road South Tottenham, London N17 9QU Company Registration Number: 10412666
7.4 The Client shall notify The Contractor without delay of any change to the Client's registered office, residential address, contact email, contact telephone number or any other contact detail relevant to the service.
8. RELATIONSHIP OF THE PARTIES:
8.1 The Contractor provides services to the Client on an independent contractor basis. Nothing in these T&Cs shall be construed as creating a partnership, joint venture, employment relationship, agency, or fiduciary relationship between The Contractor and the Client.
8.2 Neither Party has the authority to act as agent for the other or to bind the other in any way, save where such authority is expressly conferred in writing.
8.3 The Contractor's employees, subcontractors, agents and workers act on behalf of The Contractor and not on behalf of the Client. The Client shall not treat, describe or hold out any of The Contractor's personnel as being in any employment relationship with the Client.
9. CONFIDENTIALITY:
9.1 Each Party shall treat as confidential all non-public information disclosed by the other Party in connection with the Service Agreement, including but not limited to: business practices, pricing, operational methods, personnel information, client lists, contents of premises visited, contents of Goods packed or transported, and any other information which by its nature is confidential or which is identified as confidential at the time of disclosure.
9.2 Each Party shall:
9.2.1 use confidential information only for the purposes of the Service Agreement;
9.2.2 not disclose confidential information to any third party except as necessary for the performance of the Service Agreement or as required by law;
9.2.3 implement reasonable security measures to protect confidential information from unauthorised access;
9.2.4 ensure that any employees, subcontractors, agents or professional advisers to whom confidential information is disclosed are bound by equivalent confidentiality obligations.
9.3 The obligations of confidentiality do not apply to information that:
9.3.1 is or becomes public knowledge other than through breach of these T&Cs;
9.3.2 was lawfully in the receiving Party's possession before disclosure;
9.3.3 is lawfully received from a third party without breach of confidentiality;
9.3.4 is required to be disclosed by law, regulatory authority, or order of a court of competent jurisdiction.
9.4 The confidentiality obligations in this clause survive the termination or expiry of the Service Agreement and continue for a period of 5 years thereafter, save for confidential information that is trade secret in nature, which shall remain confidential for so long as it retains its confidential character.
9.5 Where the Parties have entered into a separate Mutual Non-Disclosure Agreement (MNDA) under Section XIII, clause 28.5, the MNDA supplements and, in case of conflict, prevails over the general confidentiality obligations in this clause.
10. INTELLECTUAL PROPERTY:
10.1 All intellectual property rights in The Contractor's methodology, materials, systems, documentation, brand, logo, marketing materials, quotations, Service Agreement templates, T&Cs and website content are and remain the exclusive property of The Contractor.
10.2 Nothing in the Service Agreement grants the Client any right, licence or interest in The Contractor's intellectual property, save the limited right to use documentation provided by The Contractor (such as invoices and Delivery Notes) for the Client's own internal record-keeping.
10.3 Any use of The Contractor's name, brand, logo, or marketing materials by the Client requires The Contractor's prior written consent, in accordance with Section XIV, clause 8 and Section XIII, clause 32.4.
11. FORCE MAJEURE:
11.1 Neither Party shall be liable for any failure or delay in performance of its obligations under the Service Agreement (excluding the Client's obligation to pay charges due) that is caused by circumstances beyond that Party's reasonable control, including but not limited to acts of God, natural disasters, extreme weather, fire, flood, war, terrorism, civil disorder, industrial action affecting third parties, government actions, public health emergencies, cyberattacks affecting infrastructure, and the specific commercial Force Majeure events set out in Section XIII, clause 30.
11.2 The affected Party shall notify the other Party in writing as soon as reasonably practicable of the Force Majeure event and its expected duration and effect. The affected Party shall use reasonable endeavours to mitigate the effect of the Force Majeure event and to resume performance as soon as practicable.
11.3 Where a Force Majeure event continues for more than 30 calendar days, either Party may terminate the Service Agreement by written notice. On termination:
11.3.1 The Contractor shall be entitled to payment for services actually performed and any irrecoverable committed costs incurred up to the date of termination;
11.3.2 any Prepayment held by The Contractor in respect of services not yet performed shall be applied to such charges, with any balance refundable to the Client or payable by the Client as the case may be.
12. CONSUMER RIGHTS AND STATUTORY PROTECTIONS:
12.1 Where the Client is a consumer as defined in the Consumer Rights Act 2015, the following statutory protections apply and cannot be excluded or limited by these T&Cs:
12.1.1 the right to services performed with reasonable care and skill;
12.1.2 the right to services performed within a reasonable time where no time is agreed;
12.1.3 the right to services performed for a reasonable price where no price is agreed;
12.1.4 the statutory remedies of repeat performance and price reduction where services are not performed in accordance with the Consumer Rights Act 2015;
12.1.5 the right to cancel certain contracts under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, subject to the exceptions in those Regulations for services already begun with the consumer's consent;
12.1.6 any other statutory right conferred on consumers by applicable law.
12.2 Nothing in these T&Cs shall exclude or limit any liability of The Contractor:
12.2.1 for death or personal injury caused by The Contractor's negligence;
12.2.2 for fraud or fraudulent misrepresentation;
12.2.3 for any other liability that cannot lawfully be excluded or limited under English law.
12.3 The provisions of these T&Cs that limit or exclude The Contractor's liability apply only to the maximum extent permitted by law. Where any provision would be unenforceable against a consumer, that provision shall be modified or severed in accordance with clause 3 of this Section, and the remainder of these T&Cs shall continue in full force and effect.
12.4 The Client's statutory rights as a consumer are additional to and not in place of the specific contractual rights and remedies set out in these T&Cs.
13. ALTERNATIVE DISPUTE RESOLUTION:
13.1 The Parties shall use reasonable endeavours to resolve any dispute arising out of or in connection with the Service Agreement through direct communication and, where appropriate, mediation before commencing legal proceedings.
13.2 The initial route for resolution of any dispute is the formal Complaints Portal referenced in Section IX, clause 19, and for data protection matters, the Data Protection Compliance Channel referenced in Section XV, clause 13.
13.3 Where The Contractor is a member of the British Association of Removers (BAR) or any other industry body with a recognised alternative dispute resolution scheme, the Client may access such scheme in accordance with its terms. The Contractor's participation in specific industry ADR schemes is disclosed on octagonremovals.co.uk and confirmed on request.
13.4 The Parties may agree in writing to submit any dispute to mediation before a mutually agreed mediator, on such terms as they may agree. Reference to mediation is voluntary unless required by an industry ADR scheme to which The Contractor is party.
13.5 Nothing in this clause prevents either Party from seeking urgent injunctive or interim relief from a court of competent jurisdiction, or from commencing legal proceedings where the other Party fails or refuses to engage constructively in dispute resolution.
14. GOVERNING LAW AND JURISDICTION:
14.1 The Service Agreement and these T&Cs, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the laws of England and Wales.
14.2 Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) arising out of or in connection with the Service Agreement or these T&Cs. By engaging The Contractor for services performed by The Contractor from its United Kingdom base, the Client accepts the courts of England and Wales as the sole and exclusive forum for the resolution of any dispute, regardless of the Client's residence, nationality or the location of the Client's premises.
14.3 Notwithstanding clause 14.2, The Contractor may bring proceedings against the Client in any jurisdiction where the Client has assets or a place of business, for the purposes of enforcement of judgments or recovery of debts.
14.4 Nothing in this clause 14 shall exclude any mandatory statutory protection that cannot lawfully be waived by contract under English law. Any such mandatory protection prevails to the minimum extent necessary, and the remainder of this clause continues in full force and effect.
14.5 The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
15. LANGUAGE:
15.1 These T&Cs and all associated documents (Quotation, Booking Confirmation, Inventory List, Delivery Note, the Service Agreement, invoices, notices and formal communications) are drafted in the English language. English is the governing language of the Service Agreement.
15.2 Where translations of these T&Cs or any associated document are provided by The Contractor as a courtesy to the Client, such translations are for information only. In the event of any inconsistency between the English version and any translation, the English version shall prevail.
15.3 The Client acknowledges that operational instructions to The Contractor's crew, formal notices, requests, complaints and dispute submissions should be made in English. Where the Client uses another language, The Contractor may accept the communication at its discretion but may require confirmation of key elements in English before actioning.
16. INTERPRETATION:
16.1 In these T&Cs, unless the context otherwise requires:
16.1.1 references to sections, clauses and sub-clauses are to sections, clauses and sub-clauses of these T&Cs;
16.1.2 headings and captions are for convenience only and shall not affect the interpretation of these T&Cs;
16.1.3 the singular includes the plural and vice versa;
16.1.4 references to any legislation include references to that legislation as amended, extended or re-enacted from time to time and any subordinate legislation made under it;
16.1.5 "including", "includes", "in particular" and "such as" are illustrative and not limiting;
16.1.6 references to "written" or "in writing" include email, WhatsApp, SMS and other electronic forms of communication capable of being reduced to a permanent record;
16.1.7 references to a "person" include a natural person, company, corporation, partnership, limited liability partnership, trust, unincorporated association or any other legal or commercial entity;
16.1.8 references to "Parties" mean The Contractor and the Client, and "Party" means either of them as the context requires.
16.2 References to specific pieces of legislation are to the legislation of England and Wales unless the context indicates otherwise.
17. TIME OF ESSENCE:
17.1 Where a specific time or period is agreed for the performance of any obligation by the Client (in particular the payment of charges by the due date, the provision of information required for the service, and compliance with time limits for claims and complaints), time shall be of the essence.
17.2 Where a specific time is scheduled for the performance of services by The Contractor, The Contractor shall use reasonable endeavours to attend at the scheduled time. However, given the operational nature of removals services, exact scheduled times are estimates only and slight variations shall not constitute breach of the Service Agreement. Time shall not be of the essence in respect of The Contractor's arrival or completion times, save where expressly agreed in writing.
18. SURVIVAL:
18.1 The termination or expiry of the Service Agreement shall not affect any provision of these T&Cs which is expressly or by implication intended to survive termination or expiry, including but not limited to:
18.1.1 accrued rights and obligations of the Parties up to the date of termination;
18.1.2 the Client's obligation to pay any charges due;
18.1.3 The Contractor's rights to recover unpaid charges, interest, administration fees and recovery costs;
18.1.4 confidentiality obligations under clause 9 of this Section;
18.1.5 data protection obligations under Section XV;
18.1.6 intellectual property provisions under clause 10 of this Section;
18.1.7 non-solicitation obligations under Section XIII, clause 31;
18.1.8 limitation of liability provisions under Section IX and elsewhere;
18.1.9 governing law and jurisdiction provisions under clause 14 of this Section;
18.1.10 any other provision that is intended to survive by its nature.
19. COUNTERPARTS AND ELECTRONIC EXECUTION:
19.1 These T&Cs, the Booking Confirmation, and the Service Agreement may be executed in any number of counterparts, each of which when executed shall constitute an original, and all counterparts together shall constitute one and the same instrument.
19.2 Execution may be by electronic signature, digital signature, electronic acceptance (including through The Contractor's website, quotation portal, or by return email), or physical signature. All forms of execution shall be treated as equivalent for the purposes of the enforceability of the Service Agreement.
19.3 Where the Client accepts a Quotation, confirms a booking, or otherwise indicates acceptance of these T&Cs through any electronic means, such acceptance shall constitute execution of the Service Agreement on the terms contained in these T&Cs and the associated documents.
20. ANNOUNCEMENTS AND PUBLIC STATEMENTS:
20.1 Save as provided in Section XIII, clause 32 (commercial publicity) and Section XIV (reviews), neither Party shall make any public statement, press release, or media announcement concerning the Service Agreement or the other Party without the other Party's prior written consent.
20.2 This clause does not prevent either Party from making disclosures required by law, regulatory authority, professional obligation, or in the course of legitimate legal proceedings.
21. FURTHER ASSURANCES:
21.1 Each Party shall, at the request and cost of the other Party, do all such things and execute all such documents as may reasonably be required to give full effect to the Service Agreement and these T&Cs, including but not limited to the execution of formal receipts, transfer documents, releases, and confirmations.
22. NO PARTNERSHIP OR AGENCY:
22.1 For the avoidance of doubt, and without prejudice to clause 8, nothing in these T&Cs shall constitute or be deemed to constitute the Parties as partners, joint venturers, principal and agent (save where expressly stated), employer and employee, or fiduciary and beneficiary.
22.2 Neither Party shall hold itself out as having any authority to represent or bind the other Party, nor shall either Party assume or create any obligation or responsibility, express or implied, on behalf of or in the name of the other Party.
23. ACKNOWLEDGEMENT AND ACCEPTANCE:
23.1 The Client acknowledges that:
23.1.1 the Client has had the opportunity to read and consider these T&Cs in full prior to accepting the Service Agreement;
23.1.2 the Client has had the opportunity to seek independent legal, financial or professional advice on the terms of these T&Cs if desired;
23.1.3 the T&Cs are available on octagonremovals.co.uk at all times and may be reviewed by the Client on request;
23.1.4 key provisions have been drawn to the Client's attention in the Quotation and Booking Confirmation, in particular the payment terms, cancellation terms, limitations of liability and claims procedures.
23.2 By accepting the Quotation, confirming the Booking, making the Prepayment, or otherwise proceeding with the Service Agreement, the Client confirms acceptance of these T&Cs in their entirety.
23.3 Where the Client is a business, the Client's authorised representative signing or accepting on the Client's behalf warrants that they have the authority to bind the Client to these T&Cs.
End of Document
Octagon Removals Ltd · Terms and Conditions · Version 12 · Effective 1 October 2026