Terms & Conditions
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 Shipment is not collected within twenty-eight days of acceptance;
1.2.2 Where We have given You a price including re delivery 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
(08.00-18.00 hrs) at your request.
1.2.5 We have to collect or deliver goods at your request above the ground floor / Curbside.
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 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.
1.2.9 There are delays or events outside Our reasonable control which increase or extend the resources or time allowed to complete the agreed work.
1.2.10 We agree in writing to increase Our limit of liability set out in Clause 8.1 prior to the Shipment being collected;
1.3 You agree to pay any reasonable charges arising from the above circumstances.
2.1.1 Dismantle or assemble furniture of any kind.
2.1.2 Move or store any items excluded under Clause 4.
3.1 It will be your sole responsibility to:
3.1.1 Arrange adequate insurance cover for the goods submitted for Shipment 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 Shipment 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 personally present throughout the collection and delivery of the Shipment.
3.1.5 Where We provide You with inventories, receipts, waybills, job sheets or other relevant documents You will ensure that they are signed by You as confirmation of collection or delivery of the Goods.
3.1.6 Provide Us with a correct and up to date contact address, telephone number and email address during Shipment 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.
4.1 Unless previously agreed in writing by a director or other authorised company representative, the following items must not be submitted for Shipment 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 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, ammunition, printer cartridges and Lithium batteries, Alcohol, liquids tobacco, and glass bottles.
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 Goods likely to encourage vermin or other pests or to cause infestation or contamination.
4.1.4 We shall notify you in writing as soon as practicable if any of the Goods, are in Our opinion hazardous to health, dirty or unhygienic or likely to attract vermin or pests and under what conditions we would be prepared to accept such Goods or whether we refuse to accept them. Should we refuse to accept the goods We will have no liability to You.
4.1.5 Perishable items and/or those requiring a controlled environment.
4.1.6 Any animals, birds, fish, reptiles or plants.
4.1.7 Goods which require special licence or government permission for export or import.
4.2 If You submit such goods without Our knowledge We will make them available for Your collection (where a charge will be applied) and if You do not collect them within a reasonable time We may apply for a court order to dispose of any such goods found in the consignment. You agree to pay Us any charges, expenses, damages, legal costs or penalties reasonably incurred by Us in disposing of the goods.
5.1.1 The goods to be Shipped 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.
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. 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.
6.1 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
6.1.1 A Full refund of your deposit will be made as long as we have not provided any goods or services.
6.1.2 If services have been provided and agreement commenced you are 100% Liable for all the charges.
6.2 “Working Days” refer to the normal working week Monday to Friday and excludes weekends and Public Holidays.
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.
7.3 REFUNDS Policy All refunds are at managements discretion without prejudice. The Client has the right to cancel the contract within 7 days of payment of the deposit as long as no goods or services have been delivered. Refunds will be made to the card that the deposit was taken from. All refunds must be request via Telephone or email firstname.lastname@example.org
7.4 Reversal of Payments Via PayPal: Any legitimate amount paid via our payment portal for a service that you have requested and then a reversal request being requested Via PayPal will incur a £50.00 admin fee and the full balance (Including additional charges) to be paid via a bank transfer directly in to our Bank account, Western Airfreight Ltd, Account No: 50562479, Sort Code : 55-50-39 within 7 days of request via email. Failure to do so may affect the return of your items in storage or being shipped.
8.1 We do not know the value of Your 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 as stated in Condition 1.2.10 (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 Box 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:
8.3.2 Any other object or thing that is moved / handled or stored by us.
8.3.1 We will only accept liability for loss or damage
(a) Arising from Our negligence or breach of contract whilst the goods are in Our physical possession.
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 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, 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 responsibility to arrange adequate marine/transit insurance cover.
8.3.4 We do not accept 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.
8.3.5 We do not accept liability for any damage to any goods that have not been professionally packed by ourselves or our authorised packers.
8.4 For the purposes of this Agreement an item is defined as:
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 shipped / handled or stored by us.
9.1 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 and pay the premium in advance.
9.2 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, third party industrial action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control.
9.3 No employee of Ours shall be separately liable to you for any loss, damage, failed delivery, errors or omissions under the terms of this Agreement.
9.4 Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised representative (see Clause 10.1 below).
9.5 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.
10.2 For goods which We deliver, You must advise us 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.
11.1 Other than by reason of Our negligence or breach of contract, We will not be liable for delays in transit.
11.2 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.
11.3 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 of them. 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.
“Lien” is the legal right of the Company 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 21). 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.
If there is a dispute arising from this Agreement, which cannot be resolved, either party may refer it to court for arbitration.
14.1 We reserve the right to sub-contract some or all of the work.
14.2 If We sub-contract, then these conditions will still apply.
15.1 We have the right to choose the method and route by which to carry out the work.
15.2 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.
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.