TERMS OF SERVICE
These terms and conditions outline the rights, obligations and responsibilities of all parties to this agreement. These terms and conditions can be varied or amended subject to prior written agreement.
Our quotations do not include insurance of items in transit. We are able to help arrange insurance on your behalf, if explicitly requested alongside a list of works and their values. This insurance will form a separate agreement between you and the insurers and separate conditions will apply.
A/ ‘you’ or ‘your’: means the individual, company, organisation or entity who contracts for the services.
B/ ‘we’, ‘us’ or ‘our’: means BaleArt Handling.
C/ Services: means all services we agree to provide to you, including packaging, handling, storage,
transportation, installation/technical work or consultancy.
D/ Goods: means the goods, including all individual items or components thereof, and including packaging
if provided by you, in respect of which we are to provide the Services.
A/ An estimate of our charges and related expenses for Services are provided in our quotations.
B/ Our quotation, unless otherwise stated, does not include insurance, customs or any other fees or taxes
C/ Expenses directly related to delivery of the Services, such as travel and subsidence for our staff, appropriate costs of technical equipment, sundries, packaging, clerical assistance and printing, will be charged. These will not exceed the amount estimated in the quotation without prior agreement, unless arising from circumstance change referred to in 1d, below.
D/ We reserve the right to augment the price or make additional charges from the initial quote if circumstances occur that have not been taken into account when preparing our quotation and confirmed by us in writing. These include:
I You do not accept our initial quotation in writing, or the work is not carried out or completed within three months;
II The scope of the Services is outside what was arranged in the quotation, including size, scale and location of Goods;
III We supply any additional services, including moving or storing extra Goods or Items (these conditions apply to such work and will be chargeable in line with these terms);
IV The stairs, lifts or doorways are inadequate for free movement of the Goods, or the approach, road or drive is unsuitable for our vehicles to load and/or unload within 20 metres of the entrance;
V There are delays or events outside our reasonable control which increase or extend the resources or time allowed to complete the agreed Services. If this extends the work outside normal hours (08:00 – 18:00 Monday to Friday excluding Public Holidays) we reserve the right to charge higher rates
VI We have to pay parking or other fees or charges in order to carry out Services;
VII The Services are carried out on a Saturday, Sunday, or Public Holiday or outside normal hours (08.00-18.00hrs);
VIII We agree in writing to increase our limit of liability set out in Clause V;
E/ In any such circumstances, adjusted charges may apply and become payable.
A/ It will be your responsibility to:
I Declare to us, in writing, the size and approximate weight of all Goods to be handled, suficiently ahead of the agreed time we will deliver the Services;
II 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 will be reduced to reflect the proportion that your declared value bears to their actual value;
III Ensure an appropriate person is present during the collection and delivery of Goods;
IV Arrange adequate insurance cover for the Goods, against all insurable risks
V Obtain at your own expense, all documents (labelling, permits, permissions, licences, customs documents, etcetera) necessary for the move or installation to be completed;
VI Ensure authorized signature on documents (such as job sheets, inventories or receipts) used for the confirrmation of collection or delivery of Goods;
B/ 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;
A/ If you postpone or cancel this agreement, we reserve the right to charge you according to how much notice is given and dependent on the kind of services.
I More than 10 working days before the services were due to start: No charge.
II Between 5 and 10 working days inclusive before the services was due to start: not more than 30% of the original quote.
III Less than 5 working days before the service was due to start: not more than 60% of the original quote.
A/ Unless otherwise agreed by us in writing:
I Payment of invoices is required within 30 days;
II In respect of all sums which are overdue to us, we will charge interest on a daily basis base rate plus 4%.
A/ We are not responsible for insuring any goods and we will not insure the goods unless specifically agreed by us in writing prior to us accepting delivery of the Goods for performance of the Services. If we do not agree to arrange insurance for the Goods then you warrant that the Goods are already insured against loss or damage whilst in our custody or control.
B/ If we expressly agree to insure the Good then:
I We will require, in writing, a list of all Goods and their values. Any insurance arranged will be based on
this information. We accept no liability for any consequences of inaccurate information supplied to us;
II That insurance will be subject to the exceptions and conditions of the policies of the insurers accepting the risk.
Our liability for loss or damage
A/ You agree that in no circumstances shall we be liable for any loss or damage arising from or in connection with this agreement and/or the services, including loss of or damage to the Goods, losses arising from any non-delivery, mis-delivery, or delay of the Goods, or any other form of loss or damage, unless you prove that such loss or damage was caused by negligence on our part, or a breach of this contract.