TERMS OF SERVICE

TERMS AND CONDITIONS


When requesting a quote or making a booking, please read through these terms and conditions and print a copy for future reference. By making a booking, regardless of the method used to make the booking, you agree to be legally bound by these Terms and Conditions. These conditions explain the rights, obligations, and responsibilities of all parties to this Agreement. Where we use the word ‘you’ or ‘your’ it means the Customer: ‘we’, ‘us’ or ‘our’ means MAYIR Removals and Clearance. These terms and conditions can be varied or amended subject to prior written agreement. 

Applicable Law
This contract is subject to the law of England and Wales.

Eligibility
To be eligible to request a quotation, or place an order or make a booking, and lawfully enter into and form contracts with us, you must be 18 years of age or over and legally capable of entering into a binding contract. If you do not qualify, you must not request a quotation, or place an order or make a booking.

Our quotation
Our quotation, unless otherwise stated, does not include customs duties or any other fees or taxes payable to government bodies.  We may change the price or make additional charges if circumstances are found to apply which have not been taken into account when preparing our quotation and confirmed by us in writing. These include: You do not accept our quotation in writing within 28 days, or the work is not carried out or completed within three months.
Our costs change because of currency fluctuations or changes in taxation or freight charges beyond our control.
The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal hours (09.00-17.00hrs) at your request.
We have to collect or deliver goods at your request above the ground floor and first upper floor.
We supply any additional services, including moving or storing extra goods (these conditions apply to such work).
The stairs, lifts or doorways are inadequate for free movement of the goods without mechanical equipment or structural alteration, or the approach, road or drive is unsuitable for our vehicles and/or containers to load and/or unload within 10 metres of the doorway.
We have to pay parking or other fees or charges in order to carry out services on your behalf.
There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work.
In any such circumstances, adjusted charges will apply and become payable.
MAYIR reserve the right to change the price or quotation prior to a booking made. In the event of this occurring we will inform you, and you have the right not to proceed with making a booking.
MAYIR request a deposit to be made in order to secure a booking. At our discretion, this may be in the form of part-payment on the day of removal, by cleared funds and before the service has commenced. Deposits are non-refundable. 

Work not included in the quotation
Unless agreed by us in writing, we will not:
Dismantle or assemble unit or system furniture (flat-pack), fitments or fittings.
Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment, including but not limited to, washers, dryers, dishwashers, cookers, fridges, freezers, televisions, electrical goods and other white goods.
Take up or lay fitted floor coverings as part of clearance. 
Move items from a loft, unless properly lit and floored and safe access is provided. 
Additional charges will apply when clearing if items are not general house hold goods such as; kitchen worktops, garden fencing, rubble, sand, cement, ceramic ports, concrete stuff, built in wardrobes. Full listing available on request. 

Your responsibility
It will be your sole responsibility to:
Declare to us, in writing, the value of the goods being removed and/or stored. If it is subsequently established that the value of the goods removed or stored is greater than the actual value you declare, you agree that our liability under clause 9.1 will be reduced to reflect the proportion that your declared value bears to their actual value. Obtain at your own expense, all documents, permits, permissions, consents, licences, customs documents necessary for the removal to be completed. Be present or represented during the collection and delivery of the removal. Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error. Arrange proper protection for goods left in unoccupied or unattended premises, or where other people such as (but not limited to) tenants or workmen are, or will be present.
Prepare adequately and stabilise all appliances or electronic equipment prior to their removal.
Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
Provide us with a contact address for correspondence during removal transit and/or storage of goods.
Allow us to carry out our responsibilities. Should you assist with any aspect of the moving of items and damage is caused during this assistance then no liability shall be held by us.
Provide us with any information reasonably required, to assist with the free movement of items to be moved, and to advise of any special requirements or care of particular items.
Arrange for suitable protection or coverings for carpets and other floor coverings.
Ensure there is suitable parking available within 10 metres of an appropriate doorway.
Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
Ensure that the goods are adequately packed or packaged for Transportation.
Other than by reason of our negligence or breach of contract, we will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.
We reserve the right to refuse or stop the service or job, at any point, if our staff are abused, verbally or otherwise. 

Our responsibility
It is our responsibility to deliver your goods to you, or produce them for your collection, undamaged. By "undamaged" we mean in the same condition as they were in at the time when they were packed or otherwise made ready for transportation and/ or storage. In the event that we have undertaken to pack the goods, or otherwise make them ready for transportation and/or storage, it is our responsibility to deliver them to you, or produce them for your collection, undamaged. Again, by "undamaged" we mean in the same condition as they were in immediately prior to being packed/ made ready for transportation or storage.
If we fail to discharge the responsibilities identified above we will, be liable under this agreement to compensate you for such failure. We will not be liable to compensate you where loss or damage has occurred as a result of negligence or breach of contract on your part.

Goods not to be submitted for removal or clearance
The following items must not be submitted for removal or storage and will under no circumstances be moved or stored by us. The items listed below may present risks to health and safety and of fire or other risks and you should make your own arrangements for their transport and storage. Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.
Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
Perishable items and/or those requiring a controlled environment.
Any animals, birds or fish.
Goods which require special licence or government permission for export or import.
If you submit such goods without our knowledge we will make them available for your collection and if you do not collect them within a reasonable time we will apply for an appropriate court order to dispose of any such goods found in the consignment without notice. You will furthermore pay to us any charges, expenses, damages, legal costs or penalties incurred by us. 

Ownership of the goods
By entering into this Agreement, you guarantee that the goods to be removed and/or stored are your own property, or the person(s) who own or have an interest in them have given you authority to make this contract and have been made aware of these conditions.

Charges if you postpone or cancel the removal / clearance
If you postpone or cancel this Agreement, at our discretion we may charge you according to how much notice is given. 

Payment
Unless otherwise agreed by us in writing:
Payment is required by cleared funds by or immediately upon completion of the removal. 
You may not withhold any part of the agreed price. This will also apply if there has been any loss, damage, breakage or if there is any dispute between you and us. In respect of all sums which are overdue to us, we will charge interest on a daily basis calculated at 4% per annum above the prevailing base rate for the time being of the Bank of England.
Cheques are not accepted as a form of payment. 

Determination of amount of our liability for loss or damage
In the event of loss of or damage to your goods, our liability to you is to be assessed as a sum equivalent to the cost of their repair or replacement whichever is the smaller sum, taking into account the age and condition of the goods immediately prior to their loss or damage, and subject to the maximum liability of £40 per item unless we have agreed a higher amount with you in writing. 
Where the lost or damaged item is part of a pair or set, our liability to you, where it is assessed as the cost of replacement of that item, is to be assessed as a sum equivalent to the cost of that item in isolation, not the cost of that item as part of a pair or set. In the event of loss of or damage to your goods caused by negligence or breach of contract on our part, our liability to you is to be assessed as a sum equivalent to the cost of their repair or replacement, taking into account their age and condition immediately prior to their loss or damage, subject to a maximum liability of £40 per item.
An Item 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 us.

Damage to premises or property other than goods
Our liability for loss or damage is limited as follows:
If we cause loss or damage to premises or property other than goods for removal or clearance as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.
If we cause damage as a result of moving goods under your express instruction, against our advice, and were to move the goods in the manner instructed is likely to cause damage, we shall not be liable.
If we are responsible for causing damage to your premises or to property other than goods submitted for removal and/or storage, you must notify us in writing as soon as practically possible or within a reasonable time (14 days). This is fundamental to the Agreement.

Exclusions of liability
MAYIR will not be liable for loss of or damage to your goods as a result of fire or explosion howsoever that fire or explosion was caused, unless we have been negligent or in breach of contract.
Other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to the following goods; 
Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones
Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
Perishable food and drink and such items and/or those requiring a controlled environment.
Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money, Coins, Deeds.
Any animals, birds or fish.
Other than as a result of our negligence or breach of contract we will not be liable for any loss of, damage to the goods if caused by any of the following circumstances:-
By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control.
Loss or damage arising from ionising radiations or radioactive contamination. 
Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack. 
By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances.
By vermin, moth, insects and similar infestation, damp, mould, mildew or rust. 
By cleaning, repairing or restoring unless we arranged for the work to be carried out.
By change to atmospheric or climatic conditions.
For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us. Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by us or our Subcontractor. For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
Loss or damage of motor vehicles caused by scratching, denting and marring unless you obtain from us a pre-collection condition report. For any goods which have a pre-existing defect or are inherently defective.
We will have no liability whatsoever for loss or damage caused by us in the course of dismantling or reassembling self-assembly furniture, or any other furniture that we decide needs dismantling or reassembling.
We will have no liability whatsoever for loss or damage to Goods caused by ordinary loss in weight or volume, ordinary leakage, ordinary wear and tear, inherent vice or nature of the Goods.
No employee staff of ours shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement.
Our liability will cease upon completion of delivery. 
We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control, which, without limitation, include:
Strikes, lock-outs or other industrial action.
Shortages of labour, fuel, power, raw materials.
Late, defective performance or non-performance by suppliers.
Private or public telecommunication, computer network failures, breakdown of equipment, breakdown of vehicles or work tools.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. Acts, decrees, legislation, regulations or restrictions of any government.
 Other causes, beyond our reasonable control.
We shall not be liable to you or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by you howsoever caused. 
Advice and information in whatever form it may be given is provided by us for you only. Any oral advice given without special arrangement is provided gratuitously and without contractual liability.
In the event of claim, an administration charge of £250.00 for goods in transit claims and a separate administration charge of £250.00 for public liability claims must be paid by you. We will have no liability to reimburse the administration charge to you under any circumstances, whether liability for any loss or damage has been accepted by us or not.
Should you not accept our recommendations then the items to be moved are moved at your risk. We will not be liable for any damage caused whilst the item to be moved is under your supervision.
Liability for damage will only be accepted if it may be proven without reasonable doubt we have been negligent in the manner in which we have conducted the move.

Time limit for claims
For goods which we deliver, you must notify us in writing of any visible loss, damage or failure to produce any goods at the time of delivery. If you or your agent collect the goods, you must notify us in writing of any loss or damage at the time the goods are handed to you or your agent.
We will not be liable for any loss of or damage to the goods unless a claim is notified to us, in writing as soon as such loss or damage is discovered (or with reasonable diligence ought to have been discovered) and in any event within fourteen (14) days of delivery of the goods by us. The time limit for notifying us of your claim may be extended upon receipt of your written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld.

Property clearance
We reserve the right to dispose, donate and, if lack of storage, to sell the goods. 

Severance
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated. 
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