Terms and Conditions
These
conditions explain your rights, obligations, and responsibilities
and those of your contractor. A contract is a two-way arrangement
and it is important that everyone knows where they stand. Where
we use the word 'you' or 'your' it means the customer: 'we', 'us'
or 'our' means the contractor named on the front of this contract.
These conditions can only be changed or amended by our written
agreement. |
 1.
Our Quotation
Our quotation
is a fixed price. Unless otherwise stated, it does not include
insurance, customs duties and inspections or any other fees payable
to government bodies. We may change the price or make additional
charges if any of the following have not been taken into account
when preparing our quotation and confirmed by us in writing.
(a) You do not
accept it in writing within 28 days, with a firm removal date
to which we agree in writing.
(b)
By your delay, the work is not carried out or completed within
three months.
(c)
Our costs increase (or decrease) because of currency fluctuations
or changes in taxation or freight charges beyond our control.
(d) The work is
carried out on a Saturday, Sunday or Public Holiday at your request.
(e) We have to
collect or deliver goods above the ground and first upper floor.
(f) We supply
any additional services, including moving or storing extra goods
(these conditions apply to such work).
(g)
The stairs, lifts or doorways are inadequate for free movement
of the goods without mechanical equipment or structural alteration,
or the approach, road or drive is unsuitable for our vehicles
and/or containers to load and/or unload within 20 meters of the
doorway, and this means we have to do extra work.
(h)
Any parking or other fees or charges that we have to pay in order
to carry out services on your behalf.
(i)
There are delays or events outside our reasonable control.
(j) We agree in
writing to increase our limit of liability set out in clause 7.
In all these circumstances, you will pay the adjusted charges.
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2.
Work not included in the quotation
Unless
agreed by us in writing we will not:
(a)
Dismantle or assemble unit or system furniture (flat-pack), fitments
or fittings.
(b)
Disconnect or reconnect appliances, fixtures, fittings or equipment.
(c) Take up or
lay fitted floor coverings.
(d)
Move storage heaters unless they are dismantled.
(e)
Move items from a loft, unless properly lit, and floored and safe
access is provided.
(f)
Move or store any items excluded under clause 4.
Our
staff are not authorized or qualified to carry out such work.
We recommend that a properly qualified person is separately employed
by you to carry out these services. |
3.
Your responsibility
It will
be your sole responsibility to:
(a)
Declare to us the value of the goods being removed and/or stored.
(b) Arrange adequate
insurance cover for the goods submitted for removal transit and/or
storage, against all insurable risks.
(c)
Obtain at your own expense, all documents, permits, licenses,
customs documents necessary for the removal to be completed.
(d) Be present
or represented throughout the removal.
(e)
Take all reasonable steps to ensure that nothing that should be
removed is left behind and nothing is taken away in error.
(f)
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.
(g)
Prepare adequately and stabilize all appliances or electronic
equipment prior to their removal.
(h)
Empty, properly defrost and clean refrigerators and deep freezers.
We are not responsible for the contents.
(i)
Provide us with a contact address for correspondence during removal
transit and/or storage of goods.
Other than by reason of our negligence, we will not be liable
for any loss or damage, costs or additional charges that may arise
from any of these matters. |
4.
Goods not to be submitted for removal or storage.
The following items are specifically excluded
from this contract.
(a)
Jewelry, watches, trinkets, precious stones or metals, money,
deeds, securities, stamps, coins, or goods or collections of any
similar kind.
(b)
Prohibited or stolen goods, drugs, potentially dangerous, damaging
or explosive items, including gas bottles, aerosols, paints, firearms
and ammunition.
(c)
Plants or goods likely to encourage vermin or other pests or to
cause infestation.
(d)
Refrigerated or frozen food or drink.
(e)
Any animals and their cages or tanks including pets, birds or
fish.
(f)
Goods which require special license or government permission for
export or import. Such goods will not be removed by us except
with our prior written agreement. In the event that we do remove
such goods, we will not accept liability for loss or damage wholly
or mainly attributable to the special nature of the goods concerned.
If you submit such goods without our knowledge and prior written
agreement we will not be liable for any loss or damage and you
will indemnify us against any charges, expenses, damages or penalties
claimed against us. In addition, we shall be entitled to dispose
of (without notice) any such goods which are listed under paragraphs
4(b), 4(c) or 4(d). |
5.
Ownership of the goods.
By
entering into this contract, you declare that:
(a)
The goods to be removed and/or stored are your own property, or
(b) The person(s)
who own or have an interest in them, have given you authority
to make this contract, and have been made aware of these conditions.
You will meet any claim for damages and/or costs against us if
these declarations are not true. |
6.
Paying for the Removal
Unless
otherwise agreed by us in writing:
(a)
Payment is required, by cleared funds in advance of the removal
or storage period.
(b)
You may not withhold any part of the agreed price. |
7.
OUR LIABILITY FOR LOSS OR DAMAGE
Our liability for loss or damage is limited,
as set out in clause 7 (a) below. You may request us to increase
our liability, as set out in clause 7 (c) below, subject to our
express written agreement in advance of carrying out the removal
and/or storage and payment of an additional charge.
(a)
In the event of our losing or damaging your goods, if we are liable,
we will pay you up to a maximum sum of $120.00 HERMES INTL MOVERS
for each item which is lost or damaged, to cover the cost of repairing
or replacing that item.
OR
(b) We
may choose to repair or replace the damaged item. If an item is
repaired we are not liable for depreciation in value.
(c)
Always subject to receiving your itemized valued inventory and
request in writing to increase our liability, prior to the removal
and/or storage commencing, we may offer to extend our maximum
liability to the value declared by you to us. This is not insurance
on the goods and you are strongly advised to accept the insurance
offered in our quote or if arranging insurance cover yourself,
you are advised to show this contract to your insurance company.
For the purposes of clauses 7(a), 7(b) and 7(c), an item is defined
as any one article, suite, pair, set, complete case, carton, package
or other container.
(d)
Other than by reason of our negligence, we will not be liable
for any loss, damage or failure to produce the goods if it is
caused by those circumstances set out in the following:
(i)
By fire howsoever caused.
(ii)
By war, invasion, acts of foreign enemies, hostilities (whether
war is declared or not), civil war, terrorism, rebellion and/or
military coup, Act of God, industrial action or other such events
outside our reasonable control.
(iii)
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.
(iv)
By moth or vermin or similar infestation.
(v)
By cleaning, repairing or restoring unless we did the work.
(vi)
To any goods in wardrobes, drawers or appliances, or in a package,
bundle, case or other container not both packed and unpacked by
us.
(vii)
For electrical or mechanical derangement to any appliance, instrument
or equipment unless there is evidence of external impact.
(viii)
To jewelery, watches, trinkets, precious stones or metals, money,
deeds, securities, stamps, coins, or goods or collections of a
similar kind, howsoever caused, unless you have previously given
us full particulars with value, and we have confirmed in writing
that we accept responsibility as in conditions 7(a) or 7(c) above.
(ix)
To any goods which have a relevant proven defect or are inherently
defective.
(x)
To animals and their cages or tanks including pets, birds or fish.
(xi)
To plants.
(xii)
To refrigerated or frozen food or drink.
(e)
Other than by reason of our negligence, we will not be liable
for damages or costs resulting indirectly from, or as a consequence
of loss, damage, or failure to produce the goods.
(f)
No employee of the contractor named on the front of this contract
shall be separately liable to you for any loss, damage, mis-delivery,
errors or omissions under the terms of this contract. |
8.
Time limit for claims.
(a)
For goods which we deliver, you must note any visible loss, damage
or failure to produce any goods at the time of delivery.
(b)
If you or your agent collect from our warehouse, you must note
any loss or damage at the time the goods are handed to you.
(c) Notwithstanding
clause 7, we will not be liable for any loss of or damage to the
goods unless a claim is notified to us or our foreign correspondent
in writing as soon as such loss or damage is discovered (or with
reasonable diligence ought to have been discovered) and in any
event within seven (7) days of collection of the goods from us
or delivery of the goods by us, as the case may be.
(d) The time limits
referred to in clauses 8 (a), 8 (b) and 8 (c) above shall be essential
to the contract.
(e) Upon your
written request we may at our discretion agree to extend your
time for compliance with clause 8 (c), PROVIDED your request is
received within the time limits provided for and subject to this
proviso we will not unreasonably refuse such a request. |
9.
Delays in transit
(a)
Other than by reason of our negligence, we will not be liable
for delays in transit.
(b)
If through no fault of ours we are unable to deliver your goods,
we will take them into store. The contract will then be fulfilled
and any additional service(s), including storage and delivery,
will be at your expense. |
10. Damage to premises or property other than goods.
(a) We will
not be liable for any damage to premises or property other than
goods submitted for removal and/or storage unless we have been
negligent.
(b)
If we cause damage as a result of moving goods under your express
instruction, against our advice, and where to move the goods in
the manner instructed will inevitably cause damage, we shall not
accept that we were negligent.
(c)
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. This
is essential to the contract. |
11.
Our Right to Hold the Goods (lien).
We
shall have a right to withhold and/or ultimately dispose of some
or all of the goods until you have paid all our charges and any
other payments due under this or any other contract. These include
any charges that we have paid out on your behalf. While we hold
the goods and wait for payment you will be liable to pay all storage
charges and other costs incurred by our withholding your goods
and these terms and conditions shall continue to apply. |
12.
Our right to sub-contract the work.
(a)
We reserve the right to sub-contract some or all of the work.
(b) If we
sub-contract, then these conditions will still apply. |
13.
Route and method.
(a)
We have the full right to choose the route for delivery.
(b)
Unless it has been specifically agreed in writing on our Quotation,
other space/volume/capacity on our vehicles and/or the container
may be utilised for consignments of other customers. |
14.
Advice and information.
Advice
and information in whatever form it may be given is provided by
the company for the customer only. Any oral advice given without
special arrangement is provided gratuitously and without contractual
liability. |
15.
Applicable law
This contract
is subject to the law of the country in which the office of the
company issuing this contract is situated. |
16.
Your forwarding address.
(a)
If you send goods to be stored you must provide an address for
letters and notify us if it changes. All correspondence and notices
will be considered to have been received by you seven days after
posting it to your last address recorded by us.
(b)
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. |
17.
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 seven days of receiving it, notifying us of any errors
or omissions. |
18.
Revision of storage charges.
We
review our storage charges periodically. You will be given 28
days notice in writing of any increases. |
19.
Our right to Sell or dispose of the Goods.
On
giving you 28 days 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 debts due to us we are entitled to
sell or dispose of some or all 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. |
20.
Termination.
If payments
are up to date we will not end this contract except by giving
you three calendar months notice in writing. If you wish to terminate
your storage contract, you must give us at least 14 days notice.
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. |
21.
Hand out charges.
If you
make your own arrangements to collect the goods from our warehouse
we are entitled to make a charge for handing them over. Our liability
will cease upon handing over the goods.CALL
TOLL FREE 1-(877)-889-7011 |
|
TERMS
AND CONDITIONS 
