U-Fill Terms & Conditions of Carriage and Storage
These conditions explain your rights, obligations & responsibilities and those of U-Fill Limited. A contract is a two-way agreement and it is important each party understands it.
In these conditions the word “you” means you the customer; the words “we” or “us” means U-Fill Limited. These conditions can only be amended by written agreement between you and us.
1. IMPORTANT: Limited Liability and Insurance In the removal and storage industry, limited liability is standard practice because the contractor does not know the value of customers’ goods. We encourage our customers to take out “all risks” insurance cover to protect themselves against losses greater than the limits set out in paragraphs 6 and 7 of our terms & conditions, and for risks where they have no right of recourse against us.
2. Our Quotation Our quotation does not include Government taxes and excise duties. The price quoted is valid for a period of 3 calendar months from the date of the quotation provided you have accepted it in writing within 28 days from the date of the quotation.
3. Goods Unacceptable for Storage or Transit We will not accept for storage or transit any of the following: a) Toxic, flammable, explosive or other potentially dangerous products. b) Goods that encourage vermin or other pests that may cause disease or infection. c) Food of any kind, except in unopened tins or cans. d) Any form of firearms or drugs. e) Flora and fauna (i.e. plants, animals, birds etc) f) Jewellery and other valuables.
We will not accept any goods the customer no longer requires. We accept goods for storage and/or transit only and will not dispose of goods on your behalf (except as provided for in paragraph 9)
4. Your Responsibility on the Day of Move You are responsible for: a) All packing. b) Any breakage’s in transit where such breakage is cause by inadequate packing or the act or omission of the customer (unless caused by our negligence as in clause 7). c) Insurance for goods in transit. d) Insurance for goods while the trailer is at your premises. e) Insurance for goods held in storage.
5. Ownership of Goods By entering into this contract, you agree and warrant that:- a) The goods are your own property. b) You have the authority of the owner of the goods to make this contract in respect of the goods to be removed and stored.
You will indemnify us in respect of any claim for damages and/or costs against us if these warranties are not true.
6. IMPORTANT: Delays in Transit If we do not keep to the time schedule agreed between you and us and the delay is within our reasonable control we will pay your reasonable expenses incurred as a result of the delay up to a maximum of £75. If through no fault of our own we are unable to deliver your goods we will take them into storage. The contract will be deemed to be fulfilled at the time when we take your goods into storage. You will be responsible for the costs of any additional services including storage and delivery of the goods at a later date.
7. IMPORTANT: Our Liability For Loss Or Damage a) WE WILL BE LIABLE FOR LOSS OR DAMAGE TO YOUR GOODS UP TO A MAXIMUM OF £2000 PER U-FILL CONTAINER IF (AS A RESULT OF OUR NEGLIGENCE OR OTHERWISE) THE U-FILL TRAILER IS DAMAGED WHILE IN TRANSIT RESULTING IN DAMAGE OR LOSS TO YOUR GOODS. b) WE WILL NOT BE LIABLE FOR LOSS OR DAMAGE RESULTING FROM:
- Fire, loss or damage while the goods are in store
- Any vermin or similar infestation
- War, invasion, acts of foreign enemies (whether war declared or not), civil commotion, military coup, wear and tear, leakage or evaporation, atmospheric or climatic changes
- Damp or mildew. We draw your attention to the fact that our premises are not heated
- Any goods not packed by us
- Any items referred to in paragraph 3 above.
c) WE DO NOT EXCLUDE OUR LIABILITY (IF ANY) TO YOU:
- For breach of our obligations under section 12 Sale of Goods Act 1979 or section 2 Sale and Supply of Goods and Services Act 1982
- For personal injury or death resulting from our negligence
- Under section 2(3) Consumer Protection Act 1987
- For any matter which it would be illegal for the Company to exclude (or to attempt to exclude) its liability; or for fraud.
8. Our Right Of Lien We have a legal right to with hold and ultimately dispose of some or all of your goods if you do not pay when requested all of our charges and other payments due under this contract. These include any charges we pay on your behalf. While we hold the goods and wait for payment you will be liable for all storage charges and other costs incurred by with-holding your goods and these terms and conditions will continue to apply.
9. Our Right To Sell Your Goods We may by giving you 28 days notice in writing to your last known address, require you to remove your goods from our custody and to pay all monies due to us. If, after 28 days from the date of notice you have not paid all sums due to us we can sell or dispose of some or all of your goods without further notice. The cost of the sale or disposal will be charged to you. The net proceeds of any sale will be credited to your account and we will pay any eventual excess to you without interest.
10. Payment Storage charges are payable monthly, one month in advance. All charges, including delivery, must be paid before goods can be taken out of storage. We reserve the right to increase our prices at any time to account for: a) Changes in taxation, or fuel costs beyond our control. b) Parking fees or other charges incurred by us in carrying out our services on your behalf. c) Us providing additional services not included in the quotation, for example where there is inadequate access to your premises. d) Delays beyond our reasonable control, which result in additional cost to us. In all these circumstances you will have to pay an extra charge.
11. Revision of Storage Charges We review our charges periodically. You will be given 28 days notice of any increase and the opportunity to cancel the contract and / or remove your goods from storage.
12. Claims Time Limit All claims must be notified to us within 7 days of delivery of the goods.
13. Termination Provided your payments are up to date, we will not end this contract except by giving you 3 calendar months notice in writing to you last known address. If you wish to terminate your contract you should give us 14 days notice. If we can release your goods earlier we will do so provided your payments are up to date.
14. Disputes Any disputes of these terms and conditions will be resolved under English law. |