Terms of Business

All work carried out and service provided by Eco Van & Man Limited is subject to the following terms of business. The Consumer Terms apply to all work carried out for customers for their personal purposes. The Commercial Terms apply only to work carried out for customers for the purposes of their business whether commercial or official or not for profit.

Eco Van & Man Limited Consumer Terms

Introduction

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”, “our” or “Eco Van & Man” means Eco Van & Man Limited. These terms and conditions can be varied or amended subject to prior written agreement. Your attention is drawn to Clauses 8, 9, 10 and 11 which limit our liability and you should therefore consider specialist insurance to cover your goods or premises.

1. If We Provide a Quotation

1.1 Our quotation, unless otherwise stated, does not include insurance, customs duties and inspections or any other fees or taxes payable to government bodies.
1.2 We may change the price or make additional charges if circumstances are found to apply which have not been taken into account when preparing our quotation and confirmed by us in writing. These include:
1.2.1 You do not accept our quotation in writing within 28 days, or the work is not carried out or completed within three months.
1.2.2 Our costs change because of currency fluctuations or changes in taxation or freight charges beyond our control.
1.2.3 The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal hours (08.00-18.00hrs) at your request.
1.2.4 We have to collect or deliver goods at your request above the ground floor and first upper floor.
1.2.5 If you deliver or collect some or all of the goods to or from our warehouse, we are entitled to make a charge for receiving or handing them over.
1.2.6 We supply any additional services, including moving or storing extra goods (these conditions apply to such work).
1.2.7 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 20 metres of the doorway.
1.2.8 We have to pay parking or other fees or charges in order to carry out services on your behalf.
1.2.9 There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed work.
1.2.10 We agree in writing to increase our limit of liability set out in Clause 8.1.
1.3 In any such circumstances, adjusted charges may apply and become payable.

2. Work We Will Not Carry Out & Which Is Not Included In Any Quotation

2.1 Unless agreed by us in writing, we will not:
2.1.1 Dismantle or assemble unit or system furniture (flat-pack), fitments or fittings.
2.1.2 Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment.
2.1.3 Take up or lay fitted floor coverings.
2.1.4 Move items from a loft, unless properly lit and floored and safe access is provided.
2.1.5 Move or store any items excluded under Clause 4.
2.2 Our staff are not authorized or qualified to carry out such work. We recommend that a properly qualified person is separately employed by you to carry out these services.

3. Your Responsibility

3.1 It will be your sole responsibility to:
3.1.1 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 8.1 and 8.2 will be reduced to reflect the proportion that your declared value bears to their actual value.
3.1.2 Arrange adequate insurance cover for the goods submitted for removal transit and/or storage, against all insurable risks as our liability is limited under clauses 8.1 and 8.2.
3.1.3 Obtain at your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.
3.1.4 Be present or represented during the collection and delivery of the removal.
3.1.5 Ensure authorized signature on agreed inventories, receipts, waybills, job sheets or other relevant documents by way of confirmation of collection or delivery of goods.
3.1.6 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
3.1.7 Arrange proper protection for goods left in unoccupied or unattended premises, or where other people such as (but not limited to) tenants or workmen are, or will be present.
3.1.8 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
3.1.9 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
3.1.10 Provide us with a telephone number and contact address for correspondence during removal transit and/or storage of goods.
3.2 Other than by reason of our negligence or breach of this contract, we will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.

4. Goods Not to be Submitted for Removal or Storage

4.1 Unless previously agreed in writing by a director or other authorized company representative, 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 under 4.1.1 below may present risks to health and safety and of fire. Items listed under 4.1.2 to 4.1.6 below carry other risks and you should make your own arrangements for their transport and storage.
4.1.1 Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
4.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.
4.1.3 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
4.1.4 Perishable items and/or those requiring a controlled environment.
4.1.5 Any animals, birds or fish.
4.1.6 Goods which require special licence or government permission for export or import.
4.2 If we do agree to remove such goods, we will not accept liability for loss or damage unless we are negligent or in breach of contract, in which case all these conditions will apply. 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.

5. Ownership of the Goods

5.1 By entering into this Agreement, you guarantee that:
5.1.1 The goods to be removed and/or stored are your own property, or
5.1.2 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.
5.1.3 You will pay us for any claim for damages and/or costs brought against us if either warranty 5.1.1 or 5.1.2 is not true.

6. Charges if you Postpone or Cancel the Removal

6.1 If you postpone or cancel this Agreement, we will charge you according to how much notice is given. For a removal where we have provided a quotation which you have accepted these charges will apply
6.1.1 More than 10 Working Days before the removal was due to start: No charge.
6.1.2 Between 5 and 10 Working Days inclusive before the removal was due to start: Not more than 30% of the removal charge.
6.1.3 Less than 5 Working Days before the removal was due to start: Not more than 60% of the removal charge.
6.2 Any such charges shall be subject to the payment requirements of clause 7 below.
6.3 For a removal where you have agreed to pay “By the hour” if you postpone or cancel you will simply forfeit any deposit taken at the time of booking.

7. Payment

7.1 Unless otherwise agreed by us in writing:
7.1.1 Payment is required by cleared funds in advance of the removal or storage period.

8 Our Liability for Loss or Damage

8.1 Our liability for loss or damage is limited, as set out in clause 8.1.1 below. Alternatively, you may request us to increase our liability, as set out in clause 8.1.2:
8.1.1 In the event of our negligence or breach of contract resulting in loss of or damage to your goods, we shall not be liable for the first £500 of any claim and for any claim exceeding this amount will pay a sum equivalent to the cost of their repair or replacement (which of these alternatives being entirely at our discretion) up to a maximum of £20,000 in the case of loss or destruction of the entire consignment or in the case of loss or damage to part of the consignment, the proportion that the value the lost or damaged part bears to the value of the entire consignment, multiplied by £20,000.
8.1.2 Prior to the commencement of work and subject to our having received your itemized valued inventory (see 3.1.1) we may agree to increase our liability, for an additional charge. We will not unreasonably withhold consent to such a request. This is not insurance cover and you are strongly advised to ensure that your property is adequately insured during the removal and to show this contract to your insurance company.
8.2 For goods destined to, or received from a place outside the United Kingdom.
8.2.1 We will accept liability for loss or damage
(a) arising from our negligence or breach of contract whilst the goods are in our physical possession, or
(b) whilst the goods are in the possession of others if the loss or damage is established to have been caused by our failure to pack the goods to a reasonable standard where we have been contracted to pack the goods that are subject to the claim. In either circumstances clause 8.1.1 and 8.1.2 above will apply.
8.2.2 Where we engage an international transport operator, shipping company or airline to convey your goods to the place, port or airport of destination, we do so on your behalf and subject to the terms and conditions set out by that carrier.
8.2.3 If the carrying vessel/conveyance, should for reasons beyond the carrier’s control, fail to deliver the goods, or route them to a place other than the original destination, you have limited recourse against the carrier, and may be liable for General Average contribution (e.g. the costs incurred to preserve the vessel/conveyance and cargo) and salvage charges, or the additional cost of onward transmission to the place, port or airport of destination. These are insurable risks and it is your responsibility to arrange adequate marine/transit insurance cover.
8.2.4 We do not accept liability for goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless we have been negligent or in breach of contract.
8.3 For the purposes of this Agreement an item is defined as:
8.3.1 The entire contents of a box, parcel, package, carton, or similar container; and
8.3.2 Any other object or thing that is moved, handled or stored by us.

9. Damage to Premises or Property other than Goods

9.1 Because third party contractors are frequently present at the time of collection or delivery our liability for loss or damage is limited as follows:
9.1.1 If we cause loss or damage to premises or property other than goods for removal as a result of our negligence or breach of contract, our liability shall be limited to making good to a reasonable standard, the damaged area only.
9.1.2 If we cause damage as a result of moving goods under your express instruction, against our advice, and where to move the goods in the manner instructed is likely to cause damage, we shall not be liable.
9.1.3 If we are responsible for causing damage to your premises or to property other than goods submitted for removal and/or storage, you must note this on the worksheet or delivery receipt as soon as practically possible or within a reasonable time. This is fundamental to the Agreement.

10. Exclusions of Liability

10.1 Other than as a result of our negligence or breach of contract we will not be liable for any loss, damage or failure to produce the goods if caused by any of the following circumstances
10.1.1 By fire howsoever caused
10.1.2 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, third party industrial action or other such events outside our reasonable control.
10.1.3 By normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances.
10.1.4 By moth or vermin or similar infestation.
10.1.5 By cleaning, repairing or restoring unless we arranged for the work to be carried out.
10.1.6 By change to atmospheric or climatic conditions.
10.1.7 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed by us using materials supplied by us and unpacked by us at the time of delivery.
10.1.8 For electrical or mechanical derangement to any appliances, instrument, clock, computer or other equipment unless there is evidence of related external damage.
10.1.9 For any goods which have a pre-existing defect or are inherently defective.
10.1.10 For animals and their cages or tanks including pets, birds or fish.
10.1.11 For plants.
10.1.12 For perishable items and/or those requiring a controlled environment.
10.1.13 For items referred to in Clause 4.
10.1.14 For damages or costs resulting indirectly from, or as a consequence of, loss, damage, or failure to produce the goods including but not limited to loss of use or amenity or to loss of profit or anticipated profit.
10.2 No employee of ours shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement.
10.3 Our liability will cease upon handing over goods from our warehouse (see Clause 11.2 below).
10.4 Where claims against us are made by anyone other than you and your agent in respect of goods or services provided by us under this agreement you will be liable to pay and indemnify us against any charges, expenses, damages or penalties claimed against us unless you can prove that we were negligent.

11. Time Limit for Claims, their Assessment & Quantification

11.1 For goods which we deliver, you must notify us in writing of any visible loss, damage or failure to produce any goods at the time of delivery.
11.2 If you or your agent collects the goods, you must notify us in writing of any loss or damage at the time the goods are handed to you.
11.3 Notwithstanding clauses 8, 9 and 10 we will not be liable for any loss of or damage to the goods unless a claim is notified to us, or to our agent or the company carrying out the collection or delivery of the goods on our behalf, in writing as soon as such loss or damage is discovered (or with reasonable diligence ought to have been discovered) and in any event within seven (7) days of delivery of the goods by us.
11.4 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.
11.5 If you have a claim for damage you must provide us with access to assess it within 8 weeks of discovery.
11.6 We shall not be responsible for any claim not fully quantified by you within 1 year of discovery.

12. Delays in Transit, or Completion of Unpacking

12.1 Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit.
12.2 If through no fault of ours we are unable to deliver your goods, we will take them into store. The Agreement will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense.
12.3 If we have contracted to unpack but you tell us not to complete the unpacking on completion of the delivery phase, by having offered to complete the unpacking and having been instructed not to, we will have fulfilled our unpacking obligations under the contract and will not be obliged to return to complete the unpacking later, but will provide at no extra charge a single return visit to collect cartons and packing materials left on site if they are within 20 miles of one of our depots. We may charge for all materials left on site at your request and not returned within 28 days.

13. Our Right to Hold the Goods (Lien)

We shall have the right to withhold and/or ultimately dispose of some or all of the goods until you have paid all our charges and any other payments due under this or any other Agreement. (See also Clause 22). These include any charges that we have paid out on your behalf. While we hold the goods you will be liable to pay all storage charges and other costs incurred by our withholding your goods and these terms and conditions shall continue to apply.

14. Disputes

If there is a dispute arising from this Agreement, which cannot be resolved, either party may refer it for determination by an arbitrator appointed by the Chartered Institute of Arbitrators. Recourse to arbitration is subject to certain limits, current details of which are available upon request from the Chartered Institute of Arbitrators. This does not prejudice your right to commence court proceedings.

15. Our Right to Sub-Contract the Work

15.1 We reserve the right to sub-contract some or all of the work.
15.2 If we sub-contract, then these conditions will still apply.

16. Route and Method

16.1 We have the right to choose the method and route by which to carry out the work.
16.2 Unless it has been specifically agreed otherwise in writing in our Quotation, other space/volume/capacity on our vehicles and/or the container may be utilized for consignments of other customers.

17. Advice and Information for International Removals

We will use our reasonable endeavours to provide you with up to date information to assist you with the import/export of your goods. Information on such matters as national or regional laws and regulations which are subject to change and interpretation at any time is provided in good faith and is based upon existing known circumstances. It is your responsibility to seek appropriate advice to verify the accuracy of any information provided.

18. Applicable Law

This contract is subject to the laws of England and Wales.

19. Your Forwarding Address

19.1 If you send goods to be stored, you must provide an address for correspondence and notify us it is changes. All correspondence and notices will be considered to have been received by you seven days after sending it to your last address recorded by us.
19.2 If you do not provide an address or respond to our correspondence or notices, we may publish such notices in a public newspaper in the area to or from which the goods were removed. Such notice will be considered to have been received by you seven days after the publication date of the newspaper.
Note: If we are unable to contact you, we will charge you any reasonable costs incurred in establishing your whereabouts.

20. List of Goods (Inventory) or Receipt

Where we produce a list of your goods (inventory) or a receipt and send it to you, it will be accepted as accurate unless you write to us within 10 days of the date of our sending, or a reasonable period agreed between us, notifying us of any errors or omissions.

21. Revision of Storage Charges

We review our storage charges periodically. You will be given 3 months’ notice in writing of any increases.

22. Our Right to Sell or Dispose of the Goods

If payment of our charges relating to your goods is in arrears, and on giving you three months’ notice, we are entitled to require you to remove your goods from our custody and pay all money due to us. If you fail to pay all outstanding amounts due to us, we may sell or dispose of some or all of the goods without further notice. If in our reasonable opinion or the opinion of a competent adviser any item or goods is or are either of no resale value or the costs of sale would exceed the likely benefit obtained, we are then entitled to dispose of such goods or items as we see fit. If we do sell your goods we shall make reasonable efforts to sell in the appropriate market, however we shall not be obliged to take any steps other than those which may be reasonable in this respect and we shall have no obligation to seek any expert opinion before any sale is effected nor shall we be liable to you if for any reason the sale does not realise any particular or anticipated or estimated valuation. We shall be entitled to make a reasonable charge for valuation (if appropriate), administration, delivery and all other work in relation to sale or disposal. The cost of the sale or disposal will be charged to you. The net proceeds will be credited to your account and any eventual surplus will be paid to you without interest. If the full amount due is not received, we may seek to recover the balance from you.

23. Termination

If payments are up to date, we will not end this contract except by giving you three months’ notice in writing. If you wish to terminate your storage contract, you must give us at least 10 Working Days’ notice (Working Days are defined in Clause 6 above). If we can release the goods earlier, we will do so, provided that your account is paid up to date. Charges for storage are payable to the date when the notice should have taken effect.

© These Contract Terms are copyright of The British Association of Removers Limited 2004 (except as modified; - see note below). Modifications and additions (but not deletions) are indicated by italic text. These conditions are for transactions between Eco Van & Man and private consumers only. If you are using Eco Van & Man for business purposes its applicable Commercial Terms apply and are set out below

Eco Van & Man Limited Commercial Terms

1. Parties

The parties to this contract are Eco Van & Man Limited, Registered Office Cadogan House 239 Acton Lane Park Royal London NW10 7NP United Kingdom (“The Company”) and the party submitting property ("The Customer") for moving, shipping, storage or other services ("Work").

2. If We Provide An Estimate & Price

(1) Any price offered will remain open for acceptance subject to final written confirmation by The Company for 28 days from the date of issue of the proposal.
(2) Once accepted and confirmed in writing by The Company, the final agreed price will be fixed but The Company is entitled to increase this price after acceptance if, due to circumstances beyond its control, the performance of the contract becomes substantially more onerous for The Company to carry out.
(3) The increase in price shall be limited to the extra cost occasioned to The Company in carrying out the contract.

3. Tasks We Will Not Carry Out In Any Case & Which Are Excluded From Any Estimate

(1) Unless specifically stated otherwise, the following work is excluded:
(a) Packing or unpacking of goods before and after moving;
(b) Dismantling or re-assembly of furniture, fixtures or fittings;
(c) Disconnection, preparation for transit or reconnection of electrical equipment;
(d) Taking up or re-laying of fitted floor coverings or re-hanging curtains blinds and pictures or other wall-hung decorative items.
(2) The Company may, however, be willing to carry out the above-mentioned work for an agreed price.

4. The Customer's Warranties

The Customer undertakes and warrants that
(1) It is the owner of the goods to be removed or stored.
(2) If it is not the owner of the goods, it is authorised by or has the consent of the owner to enter into this contract.
(3) There is proper and suitable access to premises at all appropriate times for The Company to carry out work.
(4) It shall be solely responsible for the safety and security of all of the goods up to the point of departure from the collecting address and as from the point of arrival at the delivery address.
(5) It shall be solely responsible for the safeguarding of packing materials and moving equipment provided by The Company during such time as these are at the collection address or at the delivery address during the work, or after the work if left there at the Customer's request.
(6) It will obtain, at its expense, all documents necessary for the work to be carried out.
(7) Unless otherwise agreed in writing it will arrange and pay for necessary parking for The Company's vehicles.
(8) It will not submit for moving, storage or shipping any dangerous or toxic article or substance or which is likely to encourage vermin or other pests or likely to cause or transmit any infectious or contagious disease.

5. Payment by the Customer

Unless we have provided an Estimate we charge by the hour and require payment of a deposit with the final balance due upon completion of the work, otherwise
(a) Unless previously otherwise agreed in writing, the Customer must pay for moving and shipping services in advance (and in any event within 30 days of completion of the moving or shipping.)
(b) Unless previously otherwise agreed in writing, you must pay for storage as set out in clauses 19 and 20. All charges must be paid before any goods are released from storage.
(c) If the Customer does not pay by due date it will pay interest on any outstanding balance at the rate of 2.5% per month.
(d) The Customer will not be entitled to withhold any part of the agreed price on the ground that it has a claim against The Company arising out of this or any other contract.
(e) The Company accepts payment by cash only at its offices; otherwise it accepts payment only by cleared cheque, cheque with banker's guarantee card for the required amount, Visa / MasterCard / Amex / Switch / Delta, traveller's cheque with passport , bank draft or cashier's/certified cheque.
(f) The Company reserves the right to make an additional charge for accepting payment by credit card, in foreign currency, by cheque drawn on non-UK bank or by cash other than at its offices.
(g) Unless The Company has previously agreed in writing to allow credit, if it does not receive payment before the date the work is due to commence or goods are due to be released from store the Customer will have cancelled the contract, The Company will not carry out the work or release the goods and the Customer will be liable for charges as set out in clause 7.

6. Postponement of Work

By way of liquidated damages, in the event of its postponement of work if an Estimate has not been issued by the Company and accepted by the Customer then any deposit will be forfeited, otherwise the Customer agrees to pay:
(1) If notification of postponement is received by The Company between 10 to 7working days before scheduled commencement of work a sum representing 15% of the charges.
(2) If notification is received less than 7 working days before scheduled commencement of work a sum representing 20% of the charges.
(3) If within 28 days of first postponement The Customer does not stipulate a new date for commencement of work which is within 92 days of first notification of postponement and with which The Company is able to comply the contract will be deemed to be cancelled and clause 7 will apply.

7. Cancellation of Contract

By way of liquidated damages, The Customer agrees to pay a sum representing 50% of the charges in the event of its cancellation of work, save that if the cancellation is notified to The Company less than 48 hours before the scheduled commencement of work, the percentage shall rise to 75%.

8. Subcontracting

The Company reserves the right to subcontract all or part of work as The Customer's agent which means that all work will still be carried out in accordance with, and subject to, these terms and conditions.

9. Inter-Change & Method

The Company may at any time inter-change goods between vehicles and warehouses and may choose which route or by which means the goods shall be carried.

10. Inspection of Goods & Disposal of Certain Goods

(1) The Company reserves the right to open or inspect goods to ensure compliance with clause 4(8) above or in the interests of health, safety or security.
(2) If, upon opening or inspecting the goods, The Company, on reasonable grounds, believes that the Customer is in breach of clause 4(8) above, or that the goods pose a threat to health, safety or security, it shall be entitled (without prejudice to any other rights it