BAR Model Terms and Conditions

Liability

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’ or ‘Our’ means the Remover. For the pur poses of this Agreement an item is defined as the entire content sofa box,parcel,package,carton,or similar container, and any other objector thing that is moved,handle dor stored by us.These terms and conditions can be varied or amended subject to prior written agreement.

In Clauses 4, 9, 10, 11 and 12 We set out Our liability to You for loss and damage to Your goods and premises. Please read these clauses carefully.

1. Our Quotation

1.1 Our quotation, unless otherwise stated, does not include customs duties port charges
including (but not limited to) demurrage and inspections or any fees or taxes payable to
government bodies or agencies. For the price quoted We agree to accept liability for loss or
damage to Your goods and premises subject to clauses 2.2, 3.2, 5.2, 5.3 and the provisions of
Clauses 4, 9, 10, 11 and 12.
1.2 Our Quotation is valid for six months from the date of issue. Unless already included in
Our Quotation, additional charges will apply in the following circumstances:

  • 1.2.1 If the work does not commence within twenty-eight days of acceptance;
  • 1.2.2 Where We have given You a price including redelivery from store within our Quotation
    and the re-delivery from store has not taken place within six months from the date of the
    issue of the quotation;
  •  1.2.3 Our costs change because of currency fluctuations, changes in taxation, freight, fuel,
    ferry or toll charges beyond our control.
  •  1.2.4 No additional charges if the work is carried out on a Saturday, Sunday, or Public Holiday
    or outside normal hours (08.00-18.00hrs) at Your request.
  •  1.2.5 We have to collect or deliver goods at Your request above the ground floor and first
    upper floor.
  •  1.2.6 If You or Your agents request collection or access to Your goods whilst they are in store;
  •  1.2.7 We supply any additional services, including moving or storing extra goods (these
    conditions apply to such work).
  •  1.2.8 The entrance or exit to the premises, 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 meters of the doorway.
  •  1.2.9 We have to pay parking or other fees or charges (including fines where you have not
    arranged agreed suspension of parking restrictions) in order to carry out services on Your
    behalf. For the purpose of this Agreement parking fines for illegal parking, caused by Our
    negligence, are not fees or charges and You are not responsible for paying them;
  •  1.2.10 There are delays or events outside our reasonable control which increase or extend the
    resources or time allowed to complete the agreed work.
  •  1.2.11 We agree in writing to increase Our limit of liability set out in Clause 9.1.1 prior to the
    work commencing

1.3 You agree to pay any reasonable charges arising from the above circumstances.

2. Work not included in the quotation
2.1 Unless agreed by us in writing, we will not:

  • 2.1.1 Disconnect, re-connect gas fitted appliances and wired in electrical appliances ,
    dismantle or re-assemble appliances, fixtures, fittings or equipment.
  • 2.1.2 Take up or lay fitted floor coverings.
  • 2.1.3 Move items from a loft, unless properly lit and floored and safe access is provided.
  • 2.1.4 Move or store any items excluded under Clause 5.
  • 2.1.5 Dismantle or assemble garden equipment including, but not limited to: sheds,
    greenhouses, garden shelters and satellite dishes, or move paving slabs and the like.

2.2 Our staff are not authorised 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 You agree to:

  • 3.1.1 Advise Us in writing of the value of the goods being removed and/or stored prior to the
    work commencing. If it is established that the value of the goods removed or stored exceeds
    the value You have stated Our liability under clause 9.1 will be reduced to reflect the
    proportion that Your declared value bears to their actual value.
  • 3.1.2 Obtain at Your own expense, all documents, permits, permissions, licences, customs
    documents necessary for the removal to be completed.
  • 3.1.3 Pay for any parking or meter suspension charges incurred by Us in carrying out the
    work.
  • 3.1.4 Be present or represented throughout the collection and delivery of the removal.
  • 3.1.5 Ensure that inventories, receipts, waybills, job sheets or other relevant documents are
    signed by You or Your authorized representative as 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 Ensure that all domestic and garden appliances, including but not limited to washing
    machines, dish washers, hose pipes, petrol lawn mowers are clean and dry and have no
    residual fluid left in them;
  • 3.1.11 Provide Us with a correct and up to date contact address and telephone number during
    removal transit and/or storage of goods.
  • 3.1.12 Arrange appropriate transport, storage or disposal of goods listed in clause.

3.2 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.

4. Our responsibility

4.1 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.
4.2 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.
4.3 If We fail to discharge the responsibilities identified in clause 4.1 and 4.2, We will, subject
to the provisions of clauses 9, 11 and 12, be liable under this agreement to compensate You
for such failure.
4.4 We will not be liable to compensate You where clauses 2.2, 3.2, 5.2 and 5.3 apply unless
loss or damage occurred as a result of negligence or breach of contract on Our part.
4.5 If You do not provide Us with a declaration of value of Your goods, or if You do not
require us to accept standard liability pursuant to clause 9.1 We will not be liable to You for
failure to discharge the responsibilities identified in clause 4.1 and 4.2, unless that failure was
caused by negligence or breach of contract on Our part.
4.6 The amount of Our liability under this clause shall be determined in accordance with
clauses 9 and 11.

5. Goods not to be submitted for removal or storage

5.1 Unless previously agreed in writing by a director or other authorised 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 5.1.1 below may present
risks to health and safety and of fire – items listed; 5.1.2 to 5.1.7 below carry other risks and You
should make Your own arrangements for their transport and storage.

  • 5.1.1 Potentially dangerous, damaging or explosive items, including gas bottles, aerosols,
    paints, firearms and ammunition.
  • 5.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, mobile
    telephones, portable media and computing devices, stamps, coins, or goods or collections of
    any similar kind.
  • 5.1.3 Goods likely to encourage vermin or other pests or to cause infestation or
    contamination.
  • 5.1.4 Goods, which in Our opinion are hazardous to health, dirty or unhygienic or likely to
    attract vermin or pests. We may refuse such goods without liability to You.
  • 5.1.5 Perishable items and/or those requiring a controlled environment.
  • 5.1.6 Any animals, birds fish reptiles.
  • 5.1.7 Goods which require special licence or government permission for export or import.
  • 5.1.8 Under no circumstances will prohibited or stolen goods, drugs or pornographic material
    be moved or stored by Us.

5.2 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.
5.3 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 may apply for an
appropriate court order to dispose of any such goods found in the consignment. You will pay
to Us any charges, expenses, damages, legal costs or penalties incurred by Us disposing of the
goods.

6. Ownership of the goods

6.1 By entering into this Agreement, You guarantee that:

  • 6.1.1 The goods to be removed and/or stored are Your own property, or the goods are Your
    property free of any legal charge; or
  • 6.1.2 You have the full authority of the owner or anyone having a legal interest in the goods
    to enter into this Agreement and You have made the owner fully aware of these terms and
    conditions prior to entering into this Agreement and that they have agreed to them.
  • 6.1.3 If at any time following the implementation of this agreement to its termination another
    person has or obtains an interest in the goods You must advise Us of their name and address
    in writing immediately.
  • 6.1.4 You will provide a full indemnity and pay Us in respect of any claim for damages and/or
    costs brought against Us if either statement made in 6.1.1 or 6.1.2 is untrue.
  • 6.1.5 If You wish to transfer responsibility of this Agreement to a third party You must advise
    Us in writing giving Us their full name and address. We will issue a new agreement to them.
    Our Agreement with You will remain in force until We have received a signed agreement from
    the third party

7. Charges if You postpone or cancel the removal

7.1. If You postpone or cancel this Agreement, We reserve the right to charge you a
postponement or cancellation fee according to how much notice is given as set out below: “Working
days” refer to the normal working week of Monday to Friday and excludes weekends and Public
Holidays.

  • 7.1 .1 More than 10 working days before the removal was due to start: No charge.
  • 7.1.2 Between 5 and 10 working days inclusive before the removal was due to start: not more
    than 30% of the removal charge.
  • 7.1.3 Less than 5 working days before the removal was due to start: not more than 60% of the
    removal charge.
  • 7.1.4 Within 24 hours of the move taking place; not more than 75% of the removal charge
  • 7.1.5 On the day the work starts or at any time after the work commences 100% of Our
    charges.

7.2 Cancellation/Postponement Waiver
If offered, and paid for in advance of the commencement of the services, we agree to waive the
charges in Clauses 7.1.1, 7.1.2 & 7.1.3. Our agreement to waive the charges is conditional upon
Us receiving written notice of Your intention to Cancel/Postpone no later than 17:00 hours on the
preceding Working Day before Services commence. The Cancellation/Postponement charge will
entitle You to only one Cancellation/Postponement.

8. Payment

8.1. Unless otherwise agreed by Us in writing, payment is required in full by cleared funds
before or up to 7 days from the date your removal has been completed. Storage charges are
required in cleared funds before the removal out of storage takes place. In default of such
payment we reserve the right to add a 5 per-cent late payment fee from the total amount
owed.
8.2. In respect of all sums which are overdue to Us, We will charge interest on a daily basis starting
with the 7th day after the removal date, calculated at 4% per annum above the prevailing base rate for
the time being of the Bank of England.

9. Determination of amount of our liability for loss or damage

1. 9.1. Standard Liability: GIVE US AN OVERALL VALUE OF YOUR GOODS AND YOUR GOODS WILL BE COVERRED BY OUR STANDARD LIABILITY FOR FREE FOR UP TO £150.000

  • 9.1.1 If You advise Us of the value of Your goods, prior to the work commencing and subject
    to clause 3.1.1, the amount of Our liability to You in the event of loss or damage to those
    goods in breach of clause 4 will be determined by Clauses 9.1.2, 9.1.3, 9.1.5 and 11, up to a
    maximum liability of £150,000 in the event of the total loss of the goods. We may agree to
    accept liability for a higher amount, in which case We may make an additional charge.
  • 9.1.2 In the event of loss of or damage to Your goods in breach of clause 4, Our liability to
    You shall not exceed 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, up to the maximum liability of £150,000 referred to in clause 9.1.1
    (unless We have agreed a higher amount with You).
  • 9.1.3 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.
  • 9.1.4 In the event of our liability to you representing the full value of an item, we may at Our
    option remove it as salvage. Where items are capable of repair for a sum less than the
    replacement cost, taking into account the age and condition, the repair cost will be Our
    maximum liability.
  • 9.1.5 In the event of the loss of an owner packed container we will accept a maximum liability
    of £100.

9.2 Limited Liability If you provide us with an overall value of your goods than the
below Limited Liability is not applicable and you will be covered by our Standard
Liability for up to £150.000.

  • 9.2.1 If You have not provided Us with a written valuation prior to the work commencing,
    or You do not require Us to apply the Standard Liability in clause 9.1, then Our liability to
    You will be determined in accordance with Clauses 9.1.3, 9.2.2 and 11.
  • 9.2.2 In the event of loss of or damage to Your goods caused by Our negligence or
    breach of contract, our liability to You shall not exceed £40 per item.

9.3 For goods destined to or received from a place outside the UK

  • 9.3.1 We will only accept Standard Liability if You provide us with a valuation of Your goods
    on the form which we provide. All other provisions of Clause 9.1 will apply.
  • 9.3.2 We do not accept liability for loss of or damage to goods confiscated, seized, removed
    or damaged by Customs Authorities or other Government Agencies unless we have been
    negligent or in breach of contract.
  • 9.3.3 We do not accept liability for loss of or damage to goods occurring in certain overseas
    countries, including Gambia, Iran, Iraq, Nigeria, Libya, Lebanon, Angola, Cambodia, Vietnam,
    N. Korea and Former States of the USSR, unless We have been negligent or in breach of
    contract. This list is not exhaustive, and we will advise You at the time of quotation if this
    exclusion applies.
  • 9.3.4 Subject to clauses 9.1 and 9.2 above We will accept liability for loss or damage only in
    the following circumstances:

    • arising from our negligence or breach of contract whilst the goods are in our physical
      possession, or
    • 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.

10. Damage to premises or property other than goods

10.1 Because third party contractors or others are frequently present at the time of collection
or delivery it is not always possible to establish who was responsible for loss or damage.
therefore our liability is limited as follows;

  • 10.1.1 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 the
    damaged area only.
  • 10.1.2 If we cause damage as a result of moving goods under Your express instruction, against
    our advice, and where moving the goods in the manner instructed is likely to cause damage,
    we shall not be liable.
  • 10.1.3 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 after the damage occurs or is discovered or in any event
    within a reasonable time.This is fundamental to the Agreement.

11. Exclusions of liability

11.1 In respect of Limited Liability, we 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.
11.2 Unless we are negligent or in breach of contract (in which case our liability will be limited
under either Standard or Limited Liability as set out in Clause 9) we will not be liable for any
loss of, damage to, or failure to produce the following goods:

  • 11.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically
    held Data Records, Mobile Telephones
  • 11.2.2 Plants or goods likely to encourage moth vermin or other pests or to cause infestation
    or contamination.
  • 11.2.3 Perishable items and/or those requiring a controlled environment.
  • 11.2.4 Loss of structural integrity of furniture constructed of particle board resulting from
    crumbling of the board.
  • 11.2.5 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and Metals, Money,
    Coins, Deeds, Mobile Telephones, Portable Media and Computing Devices.
  • 11.2.6 Any animals, birds or fish.

11.3 In respect of Standard Liability and Limited Liability, other than as a result of our
negligence or breach of contract we will not be liable for any loss of, damage to, or failure to
produce the goods if caused by any of the following circumstances:

  • 11.3.1 We shall not be liable for delays or failures to provide the services under this
    Agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is
    declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse
    weather, third party industrial action, re- scheduled sailing, departure or arrival times, port
    congestion, or other such events outside our reasonable control.
  • 11.3.2 Loss or damage arising from ionising radiations or radioactive contamination.11.3.3 Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic
    Weapons and Cyber Attack.11.3.4 We will not be liable for any loss or damage caused by Us or Our employees or agents
    in circumstances where:
  • (a)there is no breach of this Agreement by Us or by any of Our employees or agents
  • (b) such loss or damage is not a reasonably foreseeable result of any such breach.
  • 11.3.5 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.
  • 11.3.6 By vermin, moth, insects and similar infestation.
  • 11.3.7 By cleaning, repairing or restoring unless we arranged for the work to be carried out.
  • 11.3.8 Changes to atmospheric conditions which results in mould, mildew, rusting, tarnishing,
    corrosion, or gradual deterioration unless directly linked to ingress of water caused by Our
    negligence or breach of contract.
  • 11.3.9 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.
  • 11.3.10 Loss of or damage to china, glassware and fragile items unless they have been both
    professionally packed and unpacked by Us or our Subcontractor. In the event of an accident
    involving an owner packed container where damage would have occurred irrespective of the
    quality of the packing, then Our maximum liability is limited to £100 for the entire contents of
    the box or the actual value of the damaged items (taking into account the items age and
    condition at the time of loss or damage) whichever is less.
  • 11.3.11 For electrical or mechanical derangement to any appliance, instrument, clock,
    computer or other equipment unless there is evidence of related external damage.
  • 11.3.12 Loss or damage of motor vehicles caused by scratching, denting and marring unless
    You obtain from us a pre-collection condition report.
  • 11.3.13 Loss or damage to a vehicle whilst being driven or for the purpose of being driven
    under its own power other than for the purpose of loading onto or unloading from the
    carrying conveyance or container. Loss or damage sustained by accessories and removable
    items unless lost with the vehicle
  • 11.3.14 For any goods which have a pre-existing defect or are inherently defective

11.4 No employee of Ours shall be separately liable to You for any loss, damage, misdelivery, errors or
omissions under the terms of this Agreement.
11.5 Our liability will cease upon handing over goods from our warehouse or upon
completion of delivery (see Clause 12.1 below).

12. Time limit for claims

12.1 If You or Your authorised representative collect the goods, We must be notified in
writing of any loss or damage at the time the goods are handed to You or Your agent
otherwise we shall not be liable.
12.2 Notwithstanding clauses 9, 10 and 11 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 in detail within seven (7) days of delivery of the goods by
us.
12.3 For goods which we deliver, You must give Us detailed notice in writing of any loss
and damage within seven days of delivery by Us. We may agree to extend this time limit
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.

13. Delays in transit

13.1 Other than by reason of our negligence or breach of contract, we will not be liable for
delays in transit.
13.2 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.
13.3 Any transit times quoted by Us are estimated and based upon information known
to Us at the time. Transit times may vary due to a number of factors outside Our control
including but not limited to changes in sailing or departure dates made by the
freight/shipping company, changes in the routes used by the freight/shipping company
and port congestion. We will advise You of any material changes to the transit times as
soon as We become aware. We will not be liable for any loss or damage incurred by You
as a result of delays in transit time unless directly attributable to Our negligence or
breach of contract

14. Our Right to Hold the Goods (lien) “Lien” is the legal right of the remover to hold
goods until the customer has paid all outstanding charges.
We shall have a right to withhold and ultimately dispose of some or all of the goods if You fail to
pay the charges and any other payments due under this or any other
Agreement. (See also Clause 23). 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 (including legal costs) incurred by Us in recovering Our charges and applying Our right of
lien. These terms and conditions shall continue to apply.

15. Disputes

If there is a dispute arising from this Agreement, which cannot be resolved, either party may refer
it to the low cost independent Alternative Dispute Resolution (ADR) scheme provided by the
British Association of Removers (BAR). Under this scheme, the case will be determined by an
accredited independent ADR organisation.
Recourse to the independent ADR scheme is subject to certain limits, current details of which are
available upon request from BAR, Tel: 01923 699486, Fax: 01923
699481, Email: consumer.affairs@bar.co.uk. ADR does not prejudice Your right to commence
court proceedings.

16. Our right to sub-contract the work

16.1 We do not subcontract nor use temporary staff.

17. Route and method

17.1 We have the right to choose the method and route by which to carry out the work and
the location in respect of storage.
17.2 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 utilised for
consignments of other customers.

18. 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.

19. Applicable law

Any dispute between us will be governed by the non-exclusive law and jurisdiction of the English
or Scottish Courts. If you currently reside or are moving to a place outside the jurisdiction of the
courts of the United Kingdom, alternative laws or jurisdiction of local courts may apply subject to
our written agreement prior to the work or services commencing.

20. Your forwarding address

20.1 If You instruct Us to store Your goods, You must provide a correct and up to date
address and telephone number and notify Us if it changes. All correspondence and notices will
be considered to have been received by You seven days after sending it by first class post to
Your last address recorded by Us.
20.2 If You do not provide an address and/or do not 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 costs incurred in establishing Your
whereabouts.

21. 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.

22. Revision of storage charges
We review our storage charges periodically. You will be given 30 days’ notice in
writing of any increases.

23. 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. 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.

24. 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 7 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.
© Liability Terms – Copyright of The British Association of Removers Limited 2014; these contract
conditions for use only by firms having permission.

Speak to a removal advisor

0800 078 7952 or 0203 583 9034

Callback Request

Branch Finder

Speak to a removal advisor

0800 078 7952 or 0203 583 9034