Terms & conditions for Icon Relocation Limited
Go to terms & conditions for Icon Moving Services Limited
General terms and conditions for Icon Relocation Limited as at 9 September 2023.
These Icon General Terms and Conditions (“the Terms and Conditions”), together with the Service Level Agreement entered into between the parties (“the SLA”), which is hereby incorporated herein by reference, are intended by Icon Relocation Ltd (“Icon”) and the Client named in the SLA (“the Client”) to apply to all Services (as that term is defined below) provided or to be provided by Icon to the Client. These Terms and Conditions and the SLA shall be collectively referred to as “the Agreement”). Icon and the Client shall be referred to collectively as “Parties” or severally as “Party”.
1. Term
The Agreement shall commence on the date upon which both Parties have executed the Terms and Conditions (“the Effective Date”) and shall expire on the date upon which the Parties enter into a superseding SLA, at which time the provisions of that SLA shall supersede this Agreement and shall govern the Parties’ relationship. If the Parties do not enter into a superseding service or Icon agreement, this Agreement shall continue without expiration until the agreement is terminated by one or both of the parties.
2. Deliverables
Icon shall perform all services and shall furnish all required materials and labour set out in the Summary of Services (“the Services”).
3. Fees and payment
Subject to the terms of this Agreement, Client shall pay Icon fees and charges in GBP (Great British Pounds), as described or referred to in the SLA.
a) Cancellation policy
By commissioning Icon to provide a service, you acknowledge and agree to comply with the following terms and conditions. If you have any questions or concerns regarding these terms, please contact Icon Relocation at the earliest opportunity.
Please note that any cancellations made within 72 hours of the scheduled service will be subject to charges.
b) Payments and invoicing
Once services are initiated, a service cancellation administrative fee will be applicable dependant on how far along the service has proceeded, plus applicable hourly charges if research is conducted or an initial meeting has occurred applies. For a further breakdown of charges please refer to our Pre-Homesearch Assistance under our Scope of Services and Tariffs. Any exceptional out-of-pocket expenses will be charged to the client, such as lengthy and/or repeated long distance phone calls, couriers, client hotel charges and similar expenses. Invoices are submitted on the day of initial service conducted, and payment is due within 30 days.
c) Billing instructions
Prior to commencement of the Agreement the Client must provide billing/invoice instructions to Icon as follows:
FAO
Company name
Address
Town/city
County/state
Postcode
Country
4. Relationship of the parties
Icon and Client are independent contractors. Neither Party is the legal representative or agent of, nor has the power to obligate (nor has the right to direct or supervise the daily affairs of) the other Party for any purpose whatsoever. Client and Icon expressly acknowledge that the relationship intended by them is a business relationship based entirely on and circumscribed by the express provisions of this Agreement and that no partnership, joint venture, agency, fiduciary or employment relationship is intended or created by this Agreement.
5. Insurance
Icon will maintain the following insurance:
a) Employers liability insurance.
b) Public liability insurance against bodily or personal injury, property damage or denial of access.
c) Professional indemnity insurance including negligence or breach of duty of care, negligent misrepresentation, breach of confidence and dishonesty by an employee or subcontractor.
6. Confidentiality and non-disclosure
The Parties acknowledge that the existence of this Agreement as well as its terms, conditions and pricing, together with any information regarding this Agreement and the transactions contemplated herein, and any information conveyed to or obtained by a Party (the “Recipient”) in connection with this Agreement is confidential and proprietary and is private in nature to the Disclosing Party. The Parties agree that they will maintain all Confidential Information in strict confidence, using such degree of care as is appropriate to avoid unauthorised use or disclosure. For the purposes of this Agreement, Confidential Information is defined as: information relating to clients, their employees and their family members; information relating to prospective or existing business plans, initiatives, and all financial information; information relating to technology, including but not limited to computer systems and architecture, hardware, software, all code, documentation and operational methods; all information relating to insurance, annuities, taxes, financial services and products and strategies, actuarial calculations, product designs, and any methods relating to the management or treatment of taxes or tax preparation; all private information, including the material of third parties with whom the Parties do business; information about the Parties’ personnel; all of the Parties’ policies, procedures and standards; the terms and conditions of this Agreement; and all personal information, defined as information that identifies an individual (by way of signature, name, address or other unique identifiers or information that can be used to authenticate the identity of that individual including but not limited to biometric data, unique identification numbers, passwords, and any other data used for the purposes of identity verification.
7. Warranties and representations
The Parties warrant that:
7.1. Icon has expertise in performing all of the Services and all Services shall be performed in a professional manner and in accordance with the terms and conditions set forth in this Agreement.
7.2. In recognition of the need for timely performance of the Services, Icon shall maintain sufficient resources, facilities, capacity and manpower to ensure that all Services will be performed in accordance with the terms of this Agreement.
7.3. Icon will provide all Services defined herein in full compliance with all laws, directives, orders, statutes, regulations, and ordinances concerning privacy of information and trade secret protection.
7.4. All of Client’s connectivity and attempts to connect to Icon systems, shall be only through Icon’s authorised security gateways/firewalls and Client will not permit unauthorised persons or entities to access Icon systems without Icons express written authorisation and any such actual or attempted access shall be consistent with any such authorisation.
7.5. Client shall not tamper with, compromise, or attempt to circumvent any physical or electronic security or audit measures employed by Icon.
8. Limitation of liability and indemnification
In no event shall either Party be liable under this Agreement for loss of profits, revenue, or any indirect, incidental, punitive, special or consequential damages including, but not limited to, lost profits, lack or loss of productivity, cost of substitute equipment, services, or downtime costs, even if advised of the possibility of such damages in advance, incurred by the other Party or any third party. Furthermore, Icon will defend, indemnify and hold harmless Client and its respective personnel, customers and relocating employees from and against all claims and losses related to any loss or damage arising out of or resulting from the negligence or errors or omissions of Icon, or Icon’s subcontractors, agents, representatives, officers or employees. Notwithstanding any provision to the contrary in this Agreement, the total liability of Icon, Icon’s personnel and their officers, members, and employees for any losses, damages, costs, fees, and expenses (including attorney and court fees) shall not exceed the aggregate amount paid to Icon for the performance of the Services upon which an indemnity claim is based, regardless of the legal theory under which liability is imposed.
9. Force majeure
Neither Party shall be deemed in default of this Agreement to the extent of non performance of its obligations or attempts to cure any breach or delay of performance by reason of any act of God, fire, natural disaster, accident, act of government, strikes, terrorism (including cyber-terrorism), unavailability of material, telecommunications capacity, or the failure of any third party Icon to supply Services hereunder unless such failure of any Party seeking the protection of this Section was materially created, extended or worsened by its conduct or negligence.
10. Severability and survival of provisions
If any provision or provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and any arbitrator or court shall attempt to enforce such provisions to the fullest extent of the law. The Parties agree that the provisions set forth in Paragraphs 6, 7, 8, and 11 shall survive the termination of this Agreement.
11. Entire agreement
The Icon General Terms and Conditions, along with the SLA taken together contain the entire understanding between us. No representations, warranties or undertakings expressed or implied made by or on behalf of either party shall give rise to any liability unless contained in Icon General Terms and Conditions, along with the SLA unless contained in a formal written Variation signed on behalf of both parties.
12. No variations
The provisions of this Agreement may not be modified, amended or waived except by a written variation properly executed by both Parties (“Variation”). Failure of either Party at any time to require performance by the other Party of any provision of this Agreement shall not be deemed to constitute a waiver of that provision or of any other provision of this Agreement.
Terms & conditions for Icon Moving Services Limited
General terms and conditions for Icon Moving Services Limited (trading as “Icon”) as at 7 November 2023.
A. Where we use the word or expression:
i) ‘You’ or ‘Your’ it means you the Customer: ‘We’, ‘Us’ or ‘Our’ means us the Remover.
ii) ‘Quotation’ it means the quotation made by Us and accepted by You.
iii) ‘Work’ it means the work referred to in our Quotation.
iv) ‘Goods’ it means Your possessions which are the subject of Our Quotation.
v) ‘Item’ it is in accordance with the definition contained in 8.4 below.
vi) ‘Restricted Items’ it means those items described in 4.1.2 to 4.1.6 below.
vii) ‘Public Holiday’ it means Public Holiday (in any country in which the Work and/or our administration services are carried out).
B. These terms and conditions may only be varied or amended with our prior written agreement.
C. In Clauses 8, 9, 10, and 11 We limit or exclude Our liability for loss and damage. We recommend You arrange insurance to cover Your goods or premises; We are able to arrange such insurance for Your benefit upon request. This insurance will be separate from this contract and subject to the terms and conditions of the policy.
1. Our Quotation
1.1 Our Quotation unless otherwise stated, does not include insurance, customs duties, port charges including (but not limited to) demurrage, inspections, or any fees, or taxes payable to government bodies or agencies.
1.2 Our Quotation is valid for twenty-eight days from the date of issue. Unless already included in Our Quotation, reasonable 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 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 in our opinion 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.
1.2.9 We have to pay parking or other fees or charges in order to carry out services on Your behalf. For the purpose of this Agreement parking fines for illegal parking 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 8.1 prior to the work commencing;
1.3 You agree to pay any reasonable charges arising from the above circumstances.
2. What is not included in the quotation
2.1 Unless agreed by us in writing, we will not:
2.1.1 Dismantle or assemble furniture of any kind.
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 or attic area, unless properly lit and floored and safe access is provided.
2.1.5 Move or store any items excluded under Clause 4.
2.1.6 Dismantle or assemble any garden furniture and equipment including, but not limited to: sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or move paving slabs, planters and the like.
2.2 Our staff are not authorised or qualified to carry out these services. 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 responsibility to:
3.1.1 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.
3.1.2 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 Where We provide You with inventories, receipts, waybills, job sheets or other relevant documents You will ensure that they are promptly signed by You or Your authorised representative as confirmation of collection or delivery of the Goods.
3.1.6 Take all necessary 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 Ensure all Goods are properly cleaned and dried since we cannot be responsible for any damage caused by the growth of fungi or pests of any kind attracted by damp or soiled materials.
3.1.9 Prepare adequately and stabilise all appliances or electronic equipment prior to their removal.
3.1.10 Empty, properly defrost and clean and dry refrigerators and deep freezers. We are not responsible for the contents.
3.1.11 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;
3.1.12 Provide Us with a correct and up to date contact address and telephone number during removal transit and/or storage of goods.
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. Goods not to be submitted for removal or storage
4.1 Unless previously agreed in writing by a director or other authorised company representative, the following items listed under 4.1.1 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 4.1.7 (‘Restricted Items’) 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/replica firearms and ammunition, products derived from protected or endangered species including but not limited to ivory and or furs.
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 Items 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, fish, reptiles or plants.
4.1.6 Goods which require special licence or government permission for export or import.
4.1.7 Any Items which contain batteries.
Should we become aware of the presence of any Restricted Items amongst the Goods We shall notify you in writing as soon as practicable under what conditions we would be prepared to accept such Goods or whether We refuse to accept them. Should we be unaware of the presence of any Restricted Items amongst the Goods We will have no liability to You for them; Should we became aware of Restricted Items and We refuse to accept them We will have no liability to You.
4.2 If You submit Items listed under 4.1.1 without Our knowledge and We become aware of them We will report to the appropriate authorities but with the consent of those authorities we may make these Items available for Your collection and if You do not collect them within a reasonable time We may apply for a court order to dispose of any such Items found in the consignment. You agree to pay Us any charges, expenses, damages, legal costs or penalties reasonably incurred by Us in dealing with the authorities and/or disposing of the Restricted Items.
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 the goods are Your property free of any legal charge; or
5.1.2 You have the full authority of the owner or anyone having a legal interest in them 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.
5.1.3 If at any time following the implementation of this agreement to its termination another person has or obtains an interest in the goods You will advise Us of their name and address in writing immediately.
5.1.4 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 5.1.1 or 5.1.2 is untrue or if you fail to comply with your obligation referred to in 5.1.3.
5.1.5 If You wish to transfer responsibility of this Agreement to a third party You will advise Us in writing giving Us their full name and address and you will obtain our written consent. 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.
6. Charges if You postpone or cancel the removal
6.1 If You postpone or cancel this Agreement, We reserve the right to charge You a reasonable postponement or cancellation fee according to how much notice is given as set out below at 6.1.1 — 6.1.4. “Working days” refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays.
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.
6.1.4 On the day the work starts or at any time after the work commences up to 100% of Our charges.
7. Payment
7.1 Unless otherwise agreed by Us in writing, payment is required in full by cleared funds in advance of the removal or storage period. In default of such payment We reserve the right to refuse to commence removal or storage until such payment is received.
7.2 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.
8. Our liability for loss or damage
8.1 We do not know the value of the Goods therefore We limit Our liability to a fixed limit per item. The amount of liability We accept under this agreement is reflected in Our charges for the work. If You wish Us to increase Our limit of liability per item You agree to pay a higher price for the work in accordance with Condition 1.2.11 above (Our Quotation).
8.2 Unless otherwise agreed in writing if we are negligent or in breach of contract We will pay You up to £40 for each item which is lost or damaged as a direct result of any negligence or breach of contract on Our part to cover the cost of repairing or replacing that item.
8.3 For Goods destined to, or received from a place outside the United Kingdom:
8.3.1 We will only accept liability for loss or damage:
8.3.1.1 arising from Our negligence or breach of contract whilst the Goods are in Our physical possession, or
8.3.1.2 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.
8.3.2 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 only on Your behalf and subject to the terms and conditions set out by that carrier.
8.3.3 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, We will not be liable under any circumstances but You may have limited recourse against the carrier depending upon the carriers particular terms and conditions of carriage, and You 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 sole responsibility to arrange adequate marine/transit insurance cover.
8.3.4 We do not accept any liability for goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless such confiscation, seizure, removal or damage arose directly as a result of Our negligence or breach of contract.
8.4.1 The entire contents of a box, parcel, package, carton, or similar container; and
8.4.2 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 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 and Our liability is therefore 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 the damaged area only.
9.1.2 If We cause damage as a result of moving Your 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 for any damage.
9.1.3 If We are responsible for causing damage to Your premises or to property other than the 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.
10. Exclusions of liability
10.1 We shall not be liable for loss or damage caused by fire or explosion. It is Your responsibility to insure Your Goods against fire or explosion. If You ask Us in writing to arrange fire insurance cover for You We will, provided You declare the full replacement value of Your Goods to Us and pay the premium in advance. Your duty to declare the full replacement value of Your Goods is a duty of the utmost good faith. If you are unsure as to the value of the Goods it is your responsibility to obtain an up to date valuation of your Goods from a competent person prior to making Your declaration referred to above.
10.2 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, industrial action, re-scheduled sailing, departure or arrival times, port congestion, failure of a utility service or any other such events outside our immediate control.
10.3 Other than as a result of Our negligence or breach of contract We will not be liable for:
10.3.1 any loss, damage or failure to produce the goods as a result of:
10.3.1.1 normal wear and tear, natural or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes materials left within furniture or appliances;
10.3.1.2 moth or vermin or fungal or similar infestation;
10.3.1.3 cleaning, repairing or restoring unless We arranged for the work to be carried out;
10.3.1.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water.
10.3.2 any items in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by Us;
10.3.3 electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage;
10.3.4 any goods which have a pre-existing defect or are inherently defective.
10.3.5 perishable items and/or those requiring a controlled environment.
10.3.6 items referred to in Clause 4.
10.4 No employee of Ours shall be separately liable to You for any claim for loss, damage, mis- delivery, errors or omissions under the terms of this Agreement however such claims may arise.
10.5 Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised representative (see Clause 11.1 below).
10.6 We will not be liable for any loss or damage caused by Us or Our employees or agents in circumstances where:
10.6.1 there is no breach of this Agreement by Us or by any of Our employees or agents.
10.6.2 such loss or damage is not a reasonably foreseeable result of any such breach.
10.7 We will not be liable to You for any indirect or consequential loss or damage (howsoever arising), and any claim in respect of any such loss or damage is hereby expressly excluded.
11. Time limit for claims
11.1 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 or as soon as practically possible afterwards.
11.2 For goods which We deliver, You must advise us in writing of any loss and damage within thirty days of delivery by Us. We may at our sole discretion agree to extend this time limit upon receipt of Your written request provided such request is received within seven (7) days of delivery.
12. Delays in transit
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 Any transit times quoted by Us are estimated, based upon information known to Us at the time and as far as any such estimates have been given to You, time shall not be of the essence of this Agreement. 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.
13. Our Right to Hold the Goods (lien)
The “Lien” is the Our legal right as the Remover to hold goods until the customer has paid all outstanding charges.
13.2 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 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 (including legal costs) reasonably incurred by Us in recovering Our charges and applying Our right of lien. 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 to a conciliation service. If the dispute cannot be settled by this method, it may be determined by an arbitrator appointed by an independent dispute resolution service. Conciliation does not prejudice either Your right or Ours 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 used 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. Any such 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 we provide.
18. Applicable law
You agree that this Agreement shall be governed by and construed in accordance with English law and You agree to submit to the exclusive jurisdiction of the English courts.
19. Your forwarding address
19.1 If You instruct Us to store Your goods, You must provide a correct and up to date address and telephone number and notify Us immediately if it changes. All correspondence and notices will be considered to have been received by You seven days after We have sent it by first class post to Your last address notified to Us in writing.
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 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 having sent it, or within 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 30 days’ 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, We are entitled on giving You three months’ notice 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 with Us 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. If We release the Goods earlier, Charges for storage are payable to the date when the notice should have taken effect.
24. General
24.1 If any condition of this agreement is found by any court or other appropriate body to be unenforceable this will not affect the validity of the remaining conditions of this Agreement.
24.2 Failure by Us to enforce or partially enforce these conditions shall not be regarded as a waiver of any of these conditions.
24.3 The Quotation and these TERMS AND CONDITIONS OF BUSINESS taken together contain the entire understanding between us. No representations, warranties or undertakings expressed or implied made by or on our behalf shall give rise to any liability unless contained in The Quotation and these TERMS AND CONDITIONS OF BUSINESS unless contained in a formal written Variation signed on Our behalf.