Removal terms and conditions

1 Introduction

1. These Terms & Conditions explain the rights and responsibilities of both you ("the Customer") and We Deliver CI Ltd ("we", "us", "our") when we provide removal, packing, handling, storage or related services.
2. By booking our services, confirming acceptance in writing, paying any deposit or allowing work to begin, you agree to be bound by these Terms & Conditions in full.
3. Any variation must be agreed by us in writing and issued by an authorised officer of We Deliver CI Ltd.

2 Quotations, estimates, fees and payment

On-Island removal fees and deposits

1. Our fees for on-Island removals are charged at £100 plus GST per hour or part thereof for a two-man crew and vehicle. An estimate of total fees expected can be provided on request.
   1. A non-refundable deposit is payable at the time of booking as follows:
      1. £200 for on-Island removals;
      2. £500 for off-island removals valued up to £10,000;
      3. £1,000 for off-island removals valued over £10,000.

Off-Island removal fees

2. Our fees for off-Island removals are priced separately and will depend on factors including, but not limited to: collection and delivery locations, volume of goods, ferry or freight charges, customs or port fees, access conditions, and any other considerations discussed at the quotation stage.
3. Prices for off-Island moves may vary in accordance with external transport charges, fuel costs, port conditions and third-party operator tariffs.

Payment terms

4. Payment is due either at booking (online card payments) or immediately upon commencement of the move before delivery of goods.
5. Additional services are payable within 7 days of invoice.
6. Interest at 3% above the Bank of England base rate may be applied to overdue sums.
7. We may suspend work until overdue payments are settled.
8. Deposits secure the booking, reserve resources, and cover scheduling and administrative costs. Deposits are non-refundable in all circumstances, unless we cancel the removal for reasons within our control.
9. Unless otherwise agreed by us in writing, and subject to the rights set out in clause 2.12 below, full payment of the balance must be received no later than seven days prior to the scheduled move date. We reserve the absolute right to refuse to commence or continue the removal until cleared funds have been received. If payment is not made by the required date, we may treat the booking as cancelled by you, and any deposit paid will be retained.

Interest on overdue amounts

10. All overdue sums will attract interest calculated on a daily basis at 3% per annum above the prevailing Bank of England base rate until payment is received in full. Interest accrues whether or not judgment has been obtained and without prejudice to any other rights we may have.

Lien

11. We reserve the right to retain possession of your goods (lien) until all sums due to us have been paid in full.

Recovery of costs

12. You will be responsible for all reasonable costs, fees and expenses (including legal fees and debt-recovery charges) incurred by us in enforcing our rights under this Agreement.

Validity of quotations and right to amend or uplift estimates

13. All fee estimates and quotations are valid for 30 days from the date of issue. After this point the quotation is no longer binding on us, and we may amend or withdraw it at our sole discretion.
14. Unless otherwise stated, our fee estimates and quotations do not include cancellation or postponement waivers, customs duties, port fees (including but not limited to demurrage and inspection charges), parking charges, ferry surcharges, or any other fees or taxes payable to government bodies or agencies.
15. Once our initial estimate has been issued, we reserve the right to amend, revise, uplift or withdraw that estimate at any time if circumstances arise which materially affect the time, labour, equipment, access, volume of goods or costs required to perform the services. This includes, without limitation, changes in property access, parking availability, layout, additional goods, increased volume, external charges (including fuel, freight, port or ferry costs), or any information provided by you proving inaccurate, incomplete or subsequently changing. Any amended or uplifted estimate will supersede all previous estimates and the revised charges will apply.
16. If the need for an uplift or amendment arises on the day of the move, this will be communicated to you. If you decline the revised charges, the booking will be treated as a cancellation by you and your deposit will be retained.
17. For off-Island removals we may apply an uplift at any time to reflect changes in third-party charges including ferry operators, ports, customs authorities or haulage companies.

No withholding, deduction or set-off

18. You may not withhold, defer, deduct or set-off any part of the agreed price for any reason, including alleged loss, damage, counterclaim or complaint. All sums due must be paid in full on the dates due; claims must be handled through the Claims Procedure (clause 8) and do not entitle you to withhold payment.

Variation of payment terms

19. Payment terms may only be varied by our prior written agreement signed by a director or authorised officer. Any informal statements made by staff, whether verbal or otherwise, do not constitute a variation of payment terms unless confirmed in writing.

Cancellation and postponement

20. Cancellation by you. You may cancel the services by giving us written notice. Our refund policy is as follows:
    1. Seven or more working days notice: full refund of any payments made, excluding any non-refundable costs.
    2. Three to six working days notice: refund subject to deduction of reasonable administrative, scheduling and labour allocation costs already incurred by us.
    3. Zero to two working days notice: we may retain up to the full fee where resources, staff, vehicles or materials have been allocated, or where work has already commenced.
21. Materials supplied or work already commenced. If you cancel after receiving packing materials or after we have begun any preparatory or removal work, we may charge for: materials supplied; labour already undertaken; time booked and allocated; costs reasonably incurred; and any loss of opportunity to use allocated resources elsewhere.
22. Cancellation or postponement by us. We may cancel or postpone the services where: access is unsafe, unlawful, obstructed or inadequate; payment has not been received within the required time; you are in material breach of this Agreement; or circumstances arise that make it impossible or unsafe for us to carry out the services. In such cases we shall not be liable for any loss or inconvenience arising from the cancellation or postponement, and any rescheduled work will be subject to availability.
23. Postponements. Any postponement requested by you will be treated in accordance with the cancellation provisions above unless alternative arrangements are agreed in writing.

3 Additional fees and charges

1. We reserve the right to apply additional charges where:
   1. we supply additional services including moving or storing extra goods or personnel;
   2. you cancel after receipt of packing materials pursuant to clause 2.21;
   3. the entrance, exit, stairs, lifts or doorways are inadequate for free movement of the goods without mechanical equipment or alteration, or the approach, road or drive is unsuitable for our vehicles such that additional personnel or equipment is required;
   4. we incur parking or other fees or charges (including fines where you have not arranged the necessary parking suspensions);
   5. delays or events outside our reasonable control increase or extend the resources or time allowed to complete the agreed work;
   6. waiting time occurs, resulting in delay. Waiting time charges (currently £35 plus GST per hour per team member) apply from the time our team arrives until loading or unloading can commence;
   7. we are unable to obtain access to the collection or delivery point or such access is inadequate or inappropriate for our vehicles;
   8. delays occur due to circumstances beyond our reasonable control;
   9. we utilise spare vehicle capacity to transport other customers' goods (unless otherwise agreed in writing);
   10. an operational assessment carried out before commencing work identifies conditions materially different from those described at booking, entailing additional time, staff or equipment.

4 Services not included

1. Any services not expressly detailed in the quotation or estimate are excluded and do not form part of the agreed scope of work.
2. Without limitation to clause 4.1 we do not undertake: taking up or laying fitted floor coverings or curtains; moving items from or into a loft, attic or cellar unless properly lit and floored and safe access is provided; dismantling or re-assembling furniture or appliances (except where expressly agreed); disconnecting or reconnecting plumbing, electrical or gas appliances; dismantling or re-assembling satellite dishes or associated equipment; and other specialist technical work unless agreed in writing.
3. Where we have agreed in writing to dismantle or assemble garden sheds, greenhouses or outdoor equipment we will do so with reasonable care but cannot guarantee an exact reinstatement to the original condition.

5 Customer responsibilities

1. Unless agreed in writing, you will be present or represented throughout the removal.
2. You are solely responsible for providing a full, accurate and itemised inventory of all goods to be removed or stored. Any documentation we provide (including job sheets or waybills) records only the goods we physically handle and does not constitute a comprehensive inventory. We will not be liable for any item that is not listed on the inventory you have supplied and approved.
3. You must ensure that our staff have full, safe and unrestricted access to the collection and delivery premises at all times. This includes driveways, corridors, stairways, lifts, loading areas, and any internal or external spaces needed for the safe movement of goods. Delays, obstructions or restrictions may give rise to extra charges and we shall not be liable for any delay or damage resulting from restricted or unsafe access.
4. You are responsible for: emptying, properly defrosting and cleaning refrigerators and freezers; ensuring domestic and garden appliances are clean, dry and free of fluid; preparing and stabilising all appliances, electronic equipment and other items; obtaining at your expense all necessary permits, permissions, licences, customs documentation and parking suspensions; taking all reasonable steps to ensure nothing that should be removed is left behind and nothing is taken away in error; arranging protection for goods left in unoccupied or unattended premises; making sure there is adequate space in the new property; and keeping us supplied with correct, accurate and up-to-date contact details during removal and storage.
5. Your responsibilities under clause 5.4 are essential to a safe and effective removal. If you fail to comply, we will not be liable for any loss, damage, delay, additional cost or similar consequences arising from that failure, except where caused by our negligence. Where your failure causes delay, extra labour or handling risk, or requires additional equipment or personnel, we may charge reasonable additional fees to complete the work safely.
6. You must provide a written declaration, before the move date, of all items requiring specialist handling: fragile goods, antiques, artwork, glass, musical instruments, or any goods exceeding £250 in individual value or £2,000 in total value per box. If you fail to disclose such items you assume full risk for any loss or damage to them except to the extent permitted by our liability terms as set out at clause 7.
7. If you pack goods yourself you are solely responsible for ensuring they are properly protected, wrapped, sealed and cushioned to withstand normal handling and road transport. We may refuse to carry any box or item that in our professional judgment is not safely or adequately packed. Any loss or damage arising from inadequate or unsafe packing by you will be entirely at your risk and subject to our liability terms as set out at clause 7.
8. You must inspect any goods upon delivery or collection and notify us in writing of any loss or damage within 24 hours. Failure to do so will deem the goods delivered in good condition and disentitle you from a claim except to the extent we are negligent and subject to our liability terms as set out at clause 7.
9. Prohibited, restricted or undeclared items:
   1. Dangerous or hazardous goods: gas bottles, aerosols, fuels, solvents, paints, chemicals, firearms, ammunition, pressurised containers, corrosives, explosives and anything that presents a fire, explosion, health or environmental hazard.
   2. High-value, irreplaceable or easily pilfered items: jewellery, watches, precious metals and stones, cash, deeds and securities, mobile phones, portable media or computing devices, digital storage, stamp or coin collections, and the like (unless formally declared and agreed in writing).
   3. Goods that may cause infestation or contamination: foodstuffs, spoiled or damp items, plants with soil, unclean textiles, waste bags, mouldy or infected goods, organic matter likely to attract pests.
   4. Any item which is hazardous to health, dirty, unhygienic, contaminated, unsafe or likely to attract pests.
   5. Perishables or temperature-sensitive goods requiring refrigeration, freezing, humidity or environmental control.
   6. Animals or living organisms of any description.
   7. Items requiring regulated licences or permits: goods needing a licence, certificate or regulatory approval for export, import, movement, possession or storage unless all such documentation is obtained and accepted by us in writing.
   8. Illegal, prohibited or unlawful goods: stolen goods, prohibited or controlled drugs or substances, offensive or pornographic material, or anything the possession or transport of which is an offence.
10. If you submit prohibited, restricted or undeclared goods without our prior written consent, whether or not we detect them: you accept full responsibility for all costs, fees, expenses, damages, penalties and legal fees we incur identifying, segregating, handling, storing, processing or disposing of such goods; we have no liability for any delay, loss, damage, deterioration, contamination, regulatory action or consequential loss arising from their presence; and if contamination, infestation, damage, disruption or regulatory intervention occurs you will pay all associated costs including cleaning, decontamination, repairs, replacement, fumigation, disposal and fines.

6 Ownership

1. By entering into this Agreement you warrant that: all goods are your sole property free from any charge, lien, encumbrance, hire-purchase agreement, retention of title clause or third-party interest; or where goods are not solely yours you have full unconditional authority from every person holding an interest and they have been informed of, and agreed to be bound by, these Terms & Conditions.
2. If any person acquires or asserts an interest in the goods you will notify us immediately and provide full details.
3. You indemnify us against any claim arising from breach of these warranties including title and ownership disputes, and will reimburse us for costs, damages and legal fees.
4. If a third party claims ownership or any right in the goods we may suspend performance until satisfactory proof of title or authority is provided; you will bear any delay and cost arising from that claim.

7 Risk, liability, exclusions, force majeure and insurance

1. Our services are provided on a limited liability basis because we cannot assess, verify or know the value, fragility, condition or characteristics of your items; our charges reflect that limited exposure. We do not provide full insurance cover.

Liability caps and remedies

2. Unless expressly agreed otherwise in writing our total liability for loss of or damage to any item is capped at £2.50 per kilogram of the item lost or damaged subject always to the exclusions set out herein.
3. For multiple lost or damaged items our aggregate liability for the consignment is limited to the lesser of: (a) the total weight of the consignment multiplied by £2.50 per kilogram; (b) the value you declared to us (if any); or (c) £1,000 per removal vehicle load.
4. "Item" means the complete contents of any container (box, carton, package and so on) or any single object, article or piece of furniture individually handled by us.
5. Where an item is damaged due to our negligence our remedy is limited to repair of the affected area or compensation for the reduction in value directly attributable to the damage, whichever is lower. Full replacement value is not payable unless expressly agreed in writing in advance.
6. If an item forms part of a pair, set or suite our liability is limited to the value of the individual item lost or damaged and not the diminished value of the remainder.
7. We are not liable for loss or damage to goods packed by you unless you demonstrate that: (a) the loss or damage was caused solely by our negligence; and (b) the goods were adequately packed for normal handling and road transport.
8. We shall have no liability whatsoever for any amount exceeding the limits set out in clauses 7.2 to 7.7.

General exclusions of liability

9. Except where loss or damage is caused directly by our proven negligence or breach of contract, we shall have no liability for any loss, deterioration, damage, delay, shortage, contamination, corrosion, mould, infestation, mechanical or electrical derangement, failure to produce goods, or other fault arising from or connected with the services.
10. We accept no liability arising from: goods not packed and unpacked, protected or prepared by us; goods packed or presented in unsuitable containers; inherently defective or fragile goods or those prone to deterioration, including rust; goods you fail to declare, list or inventory; goods moved, handled or transported under your instruction and against our advice; restricted, prohibited or undeclared items under clause 5.9; insufficient, unsafe or restricted access including unavailable parking; the condition, construction or natural instability of any furniture or item; or loss or damage where before-and-after photographic evidence is not provided (if our team was not present at discovery).
11. We shall not be liable for loss arising from circumstances beyond our reasonable control, including: adverse weather, traffic delays, mechanical breakdown of third-party ferries, vessels or vehicles, industrial action, rescheduled sailings, port congestion, accidents, fire, flood or any Act of God.
12. We shall not in any circumstances be liable for: (a) financial or business losses including loss of profit, income, contracts, goodwill or anticipated savings; (b) loss of market, consequential, special or indirect loss; (c) sentimental, personal or emotional value; (d) depreciation in value following repair; or (e) mysterious disappearance of goods unless you prove beyond reasonable doubt it was caused solely by the dishonesty of our employees.
13. We shall have no liability for damage to premises, driveways, lifts, stairwells, flooring, walls, fixtures or fittings unless caused directly by our proven negligence and notified in writing within the timescales in clause 8 (Claims Procedure).
14. Goods seized, confiscated, detained or damaged by customs, government agencies, port authorities or law enforcement remain entirely at your risk and we accept no liability in respect of such events.
15. Nothing in these Terms excludes liability for death or personal injury caused by our negligence or any liability which cannot be excluded by law.

Force majeure

16. We shall not be liable for any delay, failure to perform, or incomplete performance of any obligation where such delay or failure results from an event or circumstance beyond our reasonable control ("Force Majeure Event").
17. Force Majeure Events include, without limitation: severe weather; natural disasters; epidemic, pandemic or public health restrictions; mechanical breakdown or failure of third-party ferries, vessels or infrastructure; port congestion, cancellations or border delays; industrial action, strikes or labour shortages; war, terrorism or civil unrest; road closures, accidents or traffic blockages; unavailability of utilities, power or telecommunications; or any law, regulation or government action preventing or restricting performance.
18. On occurrence of a Force Majeure Event we will notify you as soon as reasonably practicable and take reasonable steps to minimise the impact on the services, but we are not obliged to source alternative transport or resources if commercially unreasonable or impossible. Additional costs we reasonably incur as a result of a Force Majeure Event (accommodation for staff, storage, extra handling, re-delivery, re-routing or rescheduling) may be charged to you. If performance is prevented, hindered or delayed for more than 30 days due to Force Majeure, either party may terminate the Agreement on written notice; you remain responsible for charges incurred up to termination including storage and redelivery. A Force Majeure Event does not entitle you to withhold payment, seek a refund of deposits, or claim for compensation, loss of profits, loss of business, consequential loss or inconvenience.

Insurance

19. You are responsible for arranging and maintaining adequate contents insurance for your items during the removal process. Our liability under this Agreement does not constitute insurance cover; we strongly recommend your policy provides door-to-door removal cover.

8 Claims procedure

1. Any claim for loss or damage must be made in writing within seven days of delivery.
2. You must provide: a description of the damaged or missing item; photographs before and after; the location and circumstances where the damage was discovered.
3. We will investigate and respond within 14 days.
4. For items packed by us you agree to allow our team to unwrap and position goods at delivery; for items you unpack yourself any claim must demonstrate the damage occurred during transit or handling and not during unpacking.
5. You must comply with all reporting and evidence requirements; failure to do so will disentitle you from relief except to the extent we are negligent and subject to our liability cap.

9 Miscellaneous

Assignment and subcontractors

1. We may subcontract parts of the work and remain responsible for subcontractor performance.
2. You may not assign your rights without our written consent.

Route and method

3. We reserve the right to choose the method and route for performing the work and to choose storage locations.
4. Unless agreed otherwise in writing in our quotation, spare space on our vehicles or containers may be utilised for consignments of other customers.

Notices

5. Notices must be sent by email or post to the last address provided by the recipient.

Cooling-off and consumer rights

6. You have a 14 day cooling-off period from booking unless you request work to begin sooner.
7. If you request work to begin within the cooling-off period you must pay reasonable costs incurred up to cancellation.

Entire agreement

8. These Terms & Conditions supersede all prior agreements.
9. If any provision is held unenforceable that will not affect the remainder of the Agreement.

Governing law and jurisdiction

10. This contract is governed exclusively by the laws of Jersey.
11. All disputes arising out of or in connection with this Agreement shall be subject to the non-exclusive jurisdiction of the Jersey courts; we reserve the right to bring proceedings in any other court of competent jurisdiction.

Storage

12. Where storage is required, separate storage terms and conditions apply.