HELP WITH YOUR HOME MOVE LIMITED – BUSINESS TERMS AND CONDITIONS 

THE CUSTOMER'S ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSES 12 and 14 (LIMITATION OF LIABILITY) 

These Terms and Conditions ("Terms") apply to and are incorporated into every quotation, order confirmation and contract for our home move services (the "Services") provided by Help With Your Home Move Limited, a company registered in England and Wales under company number 10816300, whose registered office is at 32 Byron Hill Road, Harrow On The Hill, Middlesex HA2 0HY ("the Company", "we", "us", "our"). By accepting a quotation, signing an order confirmation, or asking us to proceed with the Services, the person or persons named as the customer on the quotation ("you", "your", "the Customer") agree to be bound by these Terms.

Consumer Customers: These Conditions apply to consumer customers subscribing for the Services.

1. Interpretation

The following definitions and rules of interpretation apply in these Conditions.

1.1 Definitions:

"Agreement" means the order confirmation together with these Terms and any Inventory

Business: means any business, trade, craft, or profession carried out by You or any other person/organisation.

Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Consumer: means a consumer as defined in the Consumer Rights Act 2015, i.e. an individual who agrees to purchase and receives the Goods for their personal use and for purposes wholly or mainly outside the purposes of any Business. 

Charges: the charges payable by the Customer for the Services. The charges are set out in the Quotation accepted by you. 

Conditions: these terms and conditions. 

Confidential Information: information that one party discloses or makes available to the other party (recipient) in connection with the Contract and which would be regarded as confidential by a reasonable business person. It does not include information that the recipient already knew, is or becomes public through no fault of the recipient, is independently developed by the recipient, or is rightfully given to the recipient by a third party without confidentiality obligations.

Contact Details: By Post to Help With Your Home Move Limited 32 Byrion Hill Road, Harrow On The Hill, Harrow Middlesex HA2 0HY By email to Suzanne@yourhomemove.net  By phone on 020 39039915 or 07511945712

Contract: the contract between the Company and the Customer for the supply of Services, comprising the accepted Quotation, Order, Agreement, and these Conditions. 

Customer: the person who purchases Services from the Company.

Customer Default: has the meaning set out in clause 7.3.

Customer Materials: all documents, information, and other materials (whether owned by the Customer or a third party), which are provided by the Customer to the Company in connection with the Services.

Data Protection Laws: all applicable laws and regulations relating to the protection of personal data and the privacy of individuals.

Effective Date: has the meaning given in clause 3.2

Goods: means all items, belongings, furniture and property to be sorted, moved, packed  by us or a third party on your behalf.

Inventory:means the written list of Goods, prepared by us or by you and agreed prior to  the move. 

Losses: all liabilities, damages, losses (including loss of profits, loss of business, loss of reputation, loss of savings and loss of opportunity), fines, expenses and costs (including all interest, penalties, legal costs (calculated on a full indemnity basis) and reasonable professional costs and expenses) incurred by the Company as a result of the Customer’s default.

Move Date: means the date(s) agreed for collection and/or delivery of the Goods where we move any Goods for you.

Order: means your request made whether on an order form, by telephone, email or text  or a written acceptance of the Company's Quotation, (writing includes email) or other document sent by the Customer to the Company requesting the supply of Services.

Origin Property: and Destination Property: mean the collection and delivery addresses stated in the Quotation.

Services: the services set out in the Order as detailed in the Quotation. We do not offer a removals or storage service but if agreed and contracted will act as your liaison with such companies.

Start Date: means the date you and we agree that we start work for you as set out on the Order or otherwise confirmed in writing;

Storage Facility: means any warehouse, container yard, or self-storage unit operated by a third-party storage provider we assist you to engage directly.

The Regulations: means The Consumer Contracts (Information, Cancellation and  Additional Charges) Regulations 2013. 

Total Loss: means loss or damage rendering an item beyond economic repair.

1.2 Interpretation

4.1A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

(a) References to include or including are interpreted as being without limitation.

(b) A reference to writing or written includes email but not fax. 

2.1 Quotations may be given following a phone conversation, email or text request, home visit, video survey, or a list of items provided by you. A quotation is an estimate only and is subject to revision if the work or tasks you require from us differs from what was described by you. Quotations are given by email or stand alone document. 

2.2 All quotations are valid for 28 days from the date of issue unless stated otherwise, after which we reserve the right to revise pricing.

2.3 Quotations are based on the information available to us at the time, including property access, parking availability, floor levels, lift availability,  the tasks we are requested to undertake or the nature of the Goods. We reserve the right to adjust the price if this information proves inaccurate or incomplete.

2.4 Quotations exclude unless expressly stated: weekend and evening work, dismantling and reassembly of furniture, disconnection or reconnection of appliances (including gas, electrical or plumbing work), specialist handling of items such as pianos, safes, pool tables or fine art, jewellery, watches, cash, currency, gift vouchers, bonds, cheque books or bank cards, packing materials and labour, and storage.

3 Basis of contract and Cancellation Under The Regulations

3.1 Each Order constitutes an offer by the Customer to purchase Services in accordance with these Conditions.

3.2 The Company is free to accept or reject each Order at its absolute discretion. An Order will only be deemed to be accepted by the Company when the Company issues written acceptance of the Order (or countersigns and returns the Agreement signed by the Customer) and the Customer pays a Deposit as per Clause 4.1 at which point and on which date the Contract comes into existence (Effective Date). 

3.3 Any descriptions or illustrations contained in the Company's advertising, brochures or other marketing collateral are provided for the sole purpose of giving an approximate idea of the Services and do not form part of the Contract or have any contractual force. 

3.4 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate. The Customer waives any right it might have to rely on any term endorsed upon, delivered with or contained in any document of the Customer that is inconsistent with these Conditions.

3.5 Any quotation given by the Company does not constitute an offer to enter into a contractual arrangement capable of acceptance by the Customer.

3.6 If there is any conflict or inconsistency between any of the provisions in these Conditions and the provisions of a Quotations or Order, the provisions of these Conditions prevail. 

3.7  If the contract We make with You is not made on Our premises, the Regulations give You the right to cancel the contract for the Services as follows and You will have that right in addition to the rights You have under the law and these terms and conditions. 

3.8 The right to cancel given by the Regulations is a right to cancel the Services, without reason, until the end of the 14 days period commencing from the day after you order our Services. That period can be waived by you when accepting the quotation in the Order. Once you pay a deposit and instruct us to carry out your move if it is inside the 14 days Regulation period then you agree that the 14 day statutory period is waived by you and no longer applies. 

3.9 If You cancel under the Regulations, You must confirm this to Us in any way convenient to You, using our Contact Details and if You have already made any payment(s) to Us for the Services We will refund the payment(s) to You as required by the Regulations. 

4 Booking, Deposit and Confirmation

4.1. A booking is confirmed once you accept the quotation in writing (the order) however done, and, where a deposit is requested, once that deposit has been received in cleared funds.

4.2. Save where varied differently in the Quotation we require a non-refundable deposit of 50% of the total quoted price to secure the Start  Date. The deposit is credited against the final invoice.

4.3 The balance must be paid in full on or before 7 clear days before the Start Date and if the Start Date is under 7 days before you instruct us then payment in full is required on acceptance of the quotation. Credit Cards will have an additional 2% fee added to cover administration and card processing costs.

4.4 All prices are subject to VAT at the prevailing rate.

4.5 We reserve the right to decline or cancel a booking at any time prior to the Start Date, for example where we reasonably believe the Goods present a health and safety risk, where access is unsafe, or where full payment has not been received in accordance with Clause 16. 

5 Supply of Services

5.1 The Company shall supply the Services to the Customer from the Start Date in accordance with the Contract. 

5.2 The Company shall perform the Services, as per the accepted Quotation, with reasonable care and skill.

5.3 The Company shall perform the Services in a timely and professional manner. The Company shall use reasonable endeavours to meet any performance dates specified in the Contract however time is not of the essence for the performance of any of the Company's obligations in the Contract.

5.4 Any estimated arrival and completion times to be with you are given in good faith but are not guaranteed, as they may be affected by traffic, weather, third-party access restrictions, and other factors outside our control.

5.5 The Company may suspend the provision of any Services or modify the specification for any Services if necessary to comply with any applicable law or regulatory requirement. The Company shall notify the Customer if it does so.

5.6 The Company shall use reasonable endeavours to ensure its staff observe all reasonable health and safety and security requirements that apply at any of the Customer's premises they access, provided that those requirements have been communicated to the Company in advance in writing. The Company will not be liable under the Contract if, as a result of observing these requirements, it is in breach of any of its other obligations under the Contract. 

6 Packing Services

Where you engage us to pack some or all of your Goods, our staff will use Customer provided and paid for  materials to pack items. The Customer is responsible for providing and paying for these but may ask us to get them as part of the Services.  

Where you pack some or all of your own Goods we cannot inspect the contents and will have no liability for loss or damage to the contents of self-packed items. We strongly recommend that self-packed boxes are clearly labelled with a description of the general contents and marked "FRAGILE" where appropriate.

Any boxes, wrapping paper, bubble wrap, tape and other materials supplied by us are chargeable unless included in your quotation. 

We do not accept liability for damage to items packed by us where the item was, prior to packing, already damaged, defective, infested, or inherently unsuitable for transit (for example due to age, existing structural weakness, or perishability), and such condition was not reasonably apparent to our staff at the time of packing. We only accept liability for our own negligence subject to the exclusions in Clauses 12 and 14.

7 Customer obligations 

7.1 The Customer confirms we rely on the following and shall ensure that:

· you (or an authorised adult representative) are present, or have made arrangements for access, at both the Origin Property and Destination Property on the Move Date and dates of works leading up to it;

· You provide advance and timely written authority to all those service suppliers (and others) that you request we liaise with on your behalf. This to include but not be limited to solicitors, estate agents, removals companies, landlords, service providers such as gas, electricity, phone, internet providers and all other people or organisations you ask us to liaise with on your behalf. We are not liable where you fail to do so and will not be in breach of contract in such cases;

· you own the items to be moved;

· you are legally able to and if not you are authorised to enter into the Contract with us; 

· an accurate Inventory is provided, including a genuine estimate of the value of the Goods and the individual value of any single item worth more than £500.00 and any items requiring special handling (e.g. antiques, artwork, musical instruments) are identified to us in advance; 

· all Goods not being moved are clearly segregated and marked;

· items we identify in Clause 2.4 including but not limited to, valuable, irreplaceable, or sentimental items (including cash, jewellery, important documents, passports and similar items) are, transported by you personally and not placed with the Goods. We accept no liability for those;

· fridges, freezers and washing machines are defrosted, drained and dry at least 24 hours before the Move Date, unless we have agreed to do this for you at additional cost;

· any items requiring disconnection (gas appliances, built-in ovens, wall-mounted televisions, light fittings, etc.) are disconnected by you in advance, unless we have expressly agreed to carry out disconnection;

· data on computers, phones, and other electronic devices is independently backed up before the move, as we accept no liability for data loss (see Clause 12.9);

· we are informed in advance of any restrictions vehicle size, parking, loading bay access, permit requirements, lift booking requirements, or building management rules at either property where we are involved in providing our home move services as well as helping you with the physical move on completion day;

7.2 If, due to your failure to comply with Clause 7.1, the Move Date is delayed, additional labour or a second visit is required, we reserve the right to charge reasonable additional costs at our standard hourly rates.

7.3 To the extent that the Company's performance of any of its obligations under the Contract is prevented or delayed by any act or omission of the Customer or any of its agents, consultants or other suppliers (Customer Default), the Company shall not be in breach of the Contract nor liable for any Losses incurred by the Customer as a result of its performance being prevented or delayed. The Customer shall reimburse the Company on written demand for any Losses incurred as a result of the Customer Default on a full indemnity basis.

8 Prohibited and Restricted Items

8.1 In addition to the items detailed in Clause 2.4, we will not pack, load, transport or store any of the following ("Prohibited Items") under any circumstances:

• explosives, fireworks, ammunition and flammable gases or liquids (e.g. petrol, paraffin, gas cylinders, aerosols in bulk) and without prejudice to the generality of the foregoing no accelerants of any kind;

• corrosive, toxic, radioactive or otherwise hazardous substances or chemicals;

• illegal items or substances, including controlled drugs and unlicensed firearms;

• live plants and animals (unless with plants we have agreed to do so in the Quotation);

• perishable or frozen food, (unless agreed for same-day transport only in the Quotation);

• cash, and to the extent not disclosed and agreed in advance, precious metals, jewellery or other items of unusually high value.

8.2 You warrant that no Prohibited Items are included within the Goods. You warrant that you have not packed any Prohibited Items where you do the packing. We reserve the right to inspect and refuse to move any item we reasonably suspect to be a Prohibited Item, and to dispose of any Prohibited Item discovered in accordance with applicable law, at your cost.

8.3 You will indemnify us for any loss, damage, fines, or costs we incur as a result of Prohibited Items being included in the Goods without our knowledge. No liability under Clause 12 arises in respect of Prohibited Items in any circumstances whether agreed in the Quotation or not.

9.1 You are responsible for ensuring safe and adequate access for our vehicles and staff at both properties, including obtaining any parking suspensions, permits, or landlord/management company consents required.

9.2 If our vehicle cannot park within a reasonable carrying distance of the property due to inadequate arrangements, and this results in additional time, shuttle vehicles, or manual carrying distance, we reserve the right to charge additional costs at our standard rates.

9.3 Where narrow staircases, low doorways, or other structural constraints mean an item cannot be moved without risk of damage to the item or the property, we may, at our discretion, decline to move that item, or move it only after you have confirmed in writing that you accept the associated risk. Where you instruct us to proceed against our advice, our liability for any resulting damage to that item or to the property is excluded, save for damage caused by our negligence in the manner of handling.

10.1 Your move dates and times are estimates. We are not liable for delays caused by traffic, weather, mechanical breakdown, third-party access restrictions (e.g. lift bookings, concierge availability), or other matters outside our reasonable control.

10.3 We accept no liability for any indirect or consequential loss arising from delay, including but not limited to loss of alternative accommodation costs, storage costs charged by third parties, or loss of earnings, save as set out in Clause 14.

We do not currently offer a storage service but will as a part of the Services (if detailed on the Quotation) liaise on your behalf to arrange storage. All arrangements with the storage facility will however be made direct between you and them. You are responsible for their fees directly.

This Clause 12 sets out the full basis on which we accept liability for physical loss of, or damage to, your Goods while in our care, custody or control (including during packing, loading, transit.) Please read it carefully alongside Clause 14 (General Limitation of Liability), which deals with our liability for matters other than physical loss or damage to Goods.

We are not removers but where we agree to pack, handle or move some or all of your Goods the following applies:

(If you are a consumer as defined by the Consumer Rights Act 2015 nothing in these Terms and Conditions is intended to or will exclude, limit, prejudice, or otherwise affect any of Our duties or obligations to You, or Your rights or remedies, or Our liability to You under the Consumer Rights Act 2015, the Regulations, the Consumer Protection Act 1987, or any other consumer protection legislation, as that legislation is amended from time to time. For more details of Your legal rights please refer to Your local Citizens Advice Bureau or Trading Standards Office. Subject only to Statutory regulation our liability is as set out below.)

12.1.1 We will take all reasonable skill and care in the packing, handling, loading, transporting and unloading of your Goods.

12.1.2 Our liability for physical loss of, or damage to, Goods is limited as set out in this Clause 12, except to the extent such limitation would be unlawful. Nothing in this Clause 12 excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be excluded or limited under English law, including your rights under the Consumer Rights Act 2015.

12.2.1 Our liability for loss of or damage to any single item is limited to whichever is the greater of: (a) £40; or (b) £9 per kilogram of the gross weight of that item.

12.2.2 This basis of cover reflects long-standing industry practice (similar to that used by members of the British Association of Removers). If you require greater cover you must take out suitable insurance at your cost.

12.5.1 The following categories of item are moved, if at all, on an "owner's risk" basis, meaning unless we have specifically agreed in writing to accept liability for them (typically following a specialist survey and at an additional charge): antiques, fine art, and items claimed to have a value substantially in excess of their apparent market value; items already showing significant pre-existing wear, damage, woodworm, damp or structural weakness; flat-pack furniture (e.g. self-assembly wardrobes) not originally assembled by a professional, which is inherently prone to damage on a second move; marble, granite, glass table tops and mirrors not professionally crated for transit; pianos, safes, and similar specialist items, unless handled by a specialist third party team; and computer software, data, or information stored on any electronic device.

12.6.1 Where a valid claim is accepted, we (or our insurer) may choose, at our sole discretion, whether to repair the item, replace it with an equivalent item, or make a cash payment in lieu of repair or replacement.

12.6.2 Any replacement item may be new, reconditioned, or refurbished, provided it is reasonably equivalent in specification, age and condition to the original.

12.6.3 Where we pay for or replace an item in full, ownership of the damaged item ("salvage") passes to us, and we may deduct a reasonable salvage value from any settlement if you wish to retain the item.

Any settlement will take into account the age, condition and remaining useful life of the item immediately before the loss or damage occurred. Where repair or replacement would leave you with a new item in place of a used one, a fair deduction for betterment will be applied, so that you are put back into the position you were in before the loss, and not a better one.

In addition to the specific exclusions elsewhere in this Clause 12, we accept no liability whatsoever, for loss or damage caused by or consisting of:

• inherent vice or defect in the item, including natural deterioration, corrosion, oxidation, or fading;

• wear and tear, woodworm, moth, damp, mould, rust, or infestation existing before the Goods came into our care;

• mechanical or electrical derangement, fault, or failure of any appliance or electronic item, unless there is clear physical (impact) damage consistent with mishandling by us;

• scratches, dents, marks, or other minor cosmetic damage to items which you asked us not to dismantle, wrap, or protect, or which you packed yourself;

• breakage of articles of a brittle or fragile nature not professionally packed by us (e.g. glass, chinaware, ceramics) where packed by you or third party removal company engaged by you;

• loss of or damage to cash, banknotes, deeds, securities, stamps, coins, or any other negotiable instrument;

• loss of or damage to data, software, or information stored on any computer, phone, hard drive or other electronic medium, or the cost of recovering or reinstalling it;

• loss or damage occurring while Goods are in the custody of a third party not engaged by us (for example a courier or contractor instructed directly by you);

• loss or damage caused by your failure to comply with Clause 7 (Your Obligations), including failure to disclose High-Value Items or provide accurate information about access or the nature of the Goods;

• confiscation, requisition, or destruction by, or under the order of, any government or public authority;

• war, invasion, act of foreign enemies, hostilities, civil war, rebellion, terrorism, or nuclear or radioactive contamination;

• normal shrinkage, leakage, or evaporation of liquids;

• consequential or indirect loss of any kind, including loss of profit, loss of enjoyment, loss of use, or the cost of alternative accommodation (see also Clause 14.3);

• damage or loss caused by third parties;

Where televisions, computers, audio-visual equipment, white goods and other electrical or mechanical items are moved by us, we do not accept liability for such an item failing to power on or operate correctly after the move unless there is visible external (impact) damage consistent with mishandling in transit. 

Where you have packed an item yourself (including into a box, case or container, whether or not supplied by us), we accept no liability for the contents of that container.

It is a condition of our acceptance of any claim under this Clause 13 that you comply with the claims procedure and time limits set out in Clause 13. Failure to comply may result in a claim being reduced or rejected, particularly where the delay has made it materially more difficult for us or our insurer to verify the cause or extent of the loss or damage.

Where any part of the Services is subcontracted to a third-party carrier or storage provider, we have no responsibility to you for the performance of those Services and for loss or damage to Goods. 

You are strongly encouraged to check whether your existing home contents insurance covers Goods in transit and in storage, and to consider full replacement value cover or independent insurance for items of high sentimental or financial value, particularly those falling within Clause 12.5.

Nothing in this Clause 12 affects your statutory rights as a consumer, including your right under the Consumer Rights Act 2015 to have the Services performed with reasonable care and skill.

13.1.1 Any loss, shortage, or damage that is apparent at the time of delivery should, wherever possible, be noted in writing on the delivery/condition report before we leave the site, and the report should be signed "subject to inspection" if you have not had time to check every item.

13.1.2 Damage which only becomes apparent after unpacking ("concealed damage") in respect of anything that we have moved only should be reported as soon as reasonably possible, and in any event within the time limit in Clause 13.2.

All claims must be submitted to us in writing within 14 days of delivery and must include: a description of the item and the Inventory reference (if available); a description of the loss or damage; photographic evidence where possible; 

Except where the item poses a health and safety risk, you must not dispose of, repair, or materially alter a damaged item before we (or our insurer's representative) have had a reasonable opportunity to inspect it. Disposing of an item before inspection may result in the claim being reduced or rejected if this prevents us from verifying the cause or extent of the damage.

We will acknowledge claims within 5 Working Days and aim to provide a decision within 28 days of receipt of full supporting information. Where a claim is accepted, settlement will be made in accordance with Clause 12 (including any applicable excess and betterment deduction) within 14 days of the claim being agreed. 

Claims submitted after the deadline in Clause 13.2 may still be considered at our discretion but may be more difficult to verify and may be rejected or reduced on that basis.

If you disagree with the outcome of a claim, please refer to the complaints process in Clause 19. This does not affect your right to seek independent advice or to bring a claim before the courts or an alternative dispute resolution scheme.

This Clause 14 applies to losses other than physical loss of or damage to Goods, which are dealt with exclusively under Clause 12.

Where our negligence causes physical damage to the Origin Property or Destination Property itself (for example, to walls, floors, doorframes, or carpets) during the course of the Services, our liability is limited to the reasonable cost of repair, provided that: (a) you notify us of the damage within 48 hours of it occurring or being discovered; and (b) you give us or our insurer a reasonable opportunity to inspect the damage before repair. We accept no liability for pre-existing damage, general wear consistent with a house move, or damage to structures or fittings we were instructed to move despite advising against it under Clause 9.3.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, or for any other liability which cannot lawfully be excluded or limited.

Subject to Clause 14.2, we shall not be liable for any indirect or consequential loss, including but not limited to loss of income or profits, loss of business, loss of enjoyment, alternative accommodation or storage costs charged by a third party, losses caused by third parties, or costs arising from delayed completion of a related property transaction, whether arising in contract, tort (including negligence), breach of statutory duty, or otherwise, even if such loss was reasonably foreseeable or we had been advised of the possibility of it, 

Save in respect of liability for death or personal injury, fraud, or loss or damage to Goods (which is governed exclusively by Clause 12), our total aggregate liability to you arising out of or in connection with the Agreement, whether in contract, tort, or otherwise, shall not exceed the greater of: (a) the total price paid by you for the Services under the Agreement; or (b) £1,000.00.

The Services are provided for ordinary domestic help with moving house but we are not removers and you agree that you will rely solely on the contract with your removals firm. If we do undertake any removal, or packing for you our liability is limited to only the matters we actually do. We accept no liability for any special, unusual, or business losses or from anything caused by a third party engaged by you.

Without prejudice to the shorter time limits in Clause 13, any claim of any kind arising out of or in connection with the Agreement must be brought within 3 months of the Move Date failing which the claim will be time-barred, save to the extent this would be unlawful.

You and we agree that the limitations and exclusions of liability in Clauses 12 and 14 are reasonable, having regard to the price charged for the Services, the fact that comprehensive insurance cover is separately available to you at your cost, and that you had notice of the Clauses and Sub-Clauses of Clauses 12 and 14 highlighted to you before entering into a contract with us.

15.1 By You: If you cancel or postpone the Services, the following charges apply, calculated by reference to the number of Working Days' notice given before the Start Date:

• More than 14 days' notice: deposit only is retained. 

• Between 7 and 14 days' notice: 25% of the total quoted price.

• Between 2 and 6 days' notice: 50% of the total quoted price.

• Less than 2 days' notice, or non-attendance on the date agreed that work should start or moving day : 100% of the total quoted price.

(For the avoidance of doubt the Deposit is non-refundable as per Clause 4.2.)

15.2 Consumer Right to Cancel: If you booked our Services at a distance (e.g. online or by phone) or away from our business premises, you may have a statutory right to cancel within 14 days of booking under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. If you ask us to begin the Services within that 14-day period, you acknowledge that you may lose the right to cancel once the Services are complete, and you will be liable for the reasonable cost of Services provided up to the point of cancellation.

15.3 By Us: We may cancel or postpone the Services by giving you as much notice as reasonably possible in circumstances of Force Majeure (Clause 18), non-payment, staff sickness or unavailability or where we reasonably believe carrying out the Services would be unsafe. In such cases, save where the cancellation results from your breach of these Terms, we will refund any sums paid for Services not provided.

16.1 Unless otherwise agreed in writing, the balance of all charges (less any deposit paid) is due for payment on or before 7 calendar days before the Start Date and if the Start date is under 7 days before you instruct us then payment in full is required on acceptance of the Quotation.

16.3 We accept payment by bank transfer only. If we accept credit or debit cards at our discretion then a surcharge may apply to certain payment methods, disclosed at the time of booking.

16.4 Sums not paid by the due date will accrue interest at 4% per annum above the Bank of England base rate, calculated daily, without prejudice to our other rights under these Terms, including our right of lien under Clause 17.

16.5 Additional charges (e.g. for extra items, additional time, or access difficulties not identified at quotation stage) will be agreed with you, where reasonably possible, before work proceeds, and will otherwise be charged at our standard rates and itemised on your invoice.

16.6 Where the Charges are calculated on a time and materials basis:

(a) the Company's daily fee rates for each individual are calculated on the hours worked (in the client’s home as well as time undertaking work on the client’s behalf in our office or elsewhere) and travelled as shown on the Quotation for hours or days worked on a Business Day (Business Hours). The hours you have contracted for are set out on the Quotation. The Quotation will show whether the Company is charging by the day or the hour and the Company may at its absolute discretion, charge on a pro rata basis for part days worked by Company personnel during Business Hours; and 

(b) the Company will charge for work outside Business Hours at the overtime rate of 200% of the daily or hourly (as appropriate) fee rate as shown on the Quotation on a pro-rata basis.

(c) the Company will charge for waiting time if delays are caused through no fault of the Company on any working day notwithstanding the Company is able to fulfil its obligations “Waiting Time”.

The Waiting Time charges are as follows:

First hour – no charge;

Each subsequent hour or part hour at a rate of £30.00 per person per hour;

16.7 The Customer shall pay each invoice submitted by the Company within 3 calendar days of submission to a bank account nominated in writing by the Company. 

16.8 All sums payable by the Customer exclude value added tax (VAT).The Customer shall, on receipt of a valid VAT invoice from the Company, pay to the Company any additional amounts in respect of VAT as are chargeable on those sums. 

16.9 Without prejudice to any other right or remedy that the Company may have, if the Customer fails to make a payment due to the Company under the Contract by the due date: 

16.9.1 the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this Clause 16.9.1 will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%; and

16.9.2 the Company may suspend all or part of the Services until payment has been made in full; and

16.10 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

17.1 We have a general lien over all Goods in our possession for any sums due to us under the Agreement, including removal and storage charges. This means we are entitled to hold and retain the Goods until such sums are paid in full.

17.2 If sums remain outstanding for more than 28 days after the due date, we may exercise our rights of sale in accordance with the Torts (Interference with Goods) Act 1977.

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from events outside our reasonable control, including but not limited to extreme weather, fire, flood, strikes or industrial action, pandemic or public health restrictions, road closures, ill health, vehicle breakdown not attributable to our negligence, or acts of government. In such circumstances we will notify you as soon as reasonably possible and agree a revised date to undertake the work or, where appropriate, a partial refund for Services not provided.

19.1 If you are unhappy with any aspect of the Services, please contact us at suzanne@yourhomemove.net or on 020 3903 9915 or 07511 945712  in the first instance, and we will aim to acknowledge your complaint within 3 Working Days and resolve it within 21 days.

We will process your personal data in accordance with our Privacy Policy, available athttps://yourhomemove.net/privacy-policy  and in compliance with the UK General Data Protection Regulation and the Data Protection Act 2018. We will use your information only for the purposes of providing the Services, invoicing, and legal or regulatory compliance, and will not share it with third parties except where necessary to deliver the Services (for example, a third-party storage provider) or as required by law.

21 Assignment and other dealings.

21.1 The Customer shall not assign, novate, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract without the prior written consent of the Company.

22 Confidentiality.

22.1 Each party undertakes that it shall not at any time during the Contract, and for a period of two years after termination of the Contract, disclose to any person any Confidential Information of the other party, except as permitted by clause 22.2.

22.2 Each party may disclose the other party's Confidential Information:

(i) to those of its and its Affiliates' employees, officers, representatives, contractors, subcontractors or advisers who need to know that information for the purposes of exercising its rights or carrying out its obligations under the Contract (Representatives). Each party shall ensure that its Representatives comply with confidentiality obligations which are substantially equivalent to those set out in this clause 22; and

(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

22.3 Neither party shall use the other party's Confidential Information for any purpose other than to exercise its rights and perform its obligations under the Contract.

23 Entire agreement.

23.1 The Contract (which includes the Quotation and Order and acceptance by the Company) constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances and understandings between them, whether written or oral, relating to its subject matter.

23.2 Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

24 Variation. 

24.1 Except as set out in these Conditions, no variation of the Contract will be effective unless it is in writing and signed by the parties (or their authorised representatives). 

24.2 The Company may vary these Conditions from time-to-time by posting an updated version on its website at https://yourhomemove.net/ but, unless otherwise agreed in writing no variation will apply to Orders already in force prior to that variation. 

25 Waiver. A waiver of any right or remedy is only effective if given in writing and will not be deemed a waiver of any subsequent right or remedy. A failure or delay to exercise, or the single or partial exercise of, any right or remedy does not waive that or any other right or remedy, nor does it prevent or restrict any further exercise of that or any other right or remedy. 

26 Severance.If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it will be deemed deleted, but that will not affect the validity and enforceability of the rest of the Contract.

27 Notices.

27.1 Any notice given to a party under or in connection with the Contract shall be in writing and shall be: 

27.1.1 delivered by hand or by pre-paid first-class post or other next working day delivery service to its registered office (if a company) or its principal place of business (in any other case); or 

27.1.2 sent by email to its primary contact for the Contract, or the address specified in the Quotation (or to any substitute address as it may have notified to the other party in accordance with this clause 27.)

27.2 Any notice will be deemed to have been received:

27.2.1 if delivered by hand, at the time the notice is left at the proper address;

27.2.2 if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or

27.2.3 if sent by email, at the time of transmission or, if this time falls outside business hours, when business hours resume. In this clause  27.2.3  business hoursmeans 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

This clause 27.2 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

28 Third party rights. 

28.1  the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

29 Relationship of the parties. Nothing in these Conditions is intended to, or will be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.

30 Governing law and jurisdiction. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, will be governed by the law of England and Wales and subject to the exclusive jurisdiction of the courts of England and Wales.