Terms and conditions

These conditions explain the rights, obligations, and responsibilities of all parties to this Agreement. Where we use the word 'you' or 'your' it means the Customer; 'we', 'us' or 'our' means the Mover. These terms and conditions can be varied or amended subject to prior written agreement. Your attention is drawn to Clauses 3, 4, 5, and 6 which limit our liability and you should therefore consider specialist insurance to cover your goods or premises. We are able to arrange such insurance on your behalf. This insurance will form a separate Agreement between you and the Insurers and separate conditions will apply.

1. Your responsibility
   • It will be your sole responsibility to:
     • Declare to us, in writing, the value of the goods being removed and/or stored. If it is subsequently established that the value of the goods removed or stored is greater than the actual value you declare, you agree that our liability under clause 3.1 and 3.2 will be reduced to reflect the proportion that your declared value bears to their actual value.
     • 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 3.1 and 3.2.
     • Obtain at your own expense, all documents, permits, permissions, licenses, customs documents necessary for the removal to be completed.
     • Be present or represented during the collection and delivery of the removal.
     • Ensure authorized signature on agreed inventories, receipts, waybills, job sheets or other relevant documents by way of confirmation of collection or delivery of goods.
     • Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
     • 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.
     • Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
     • Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
     • Provide us with a contact address for correspondence during removal transit and/or storage of goods.
   • 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.

2. Goods not to be submitted for removal or storage
   • Unless previously agreed in writing by a director or other authorized company representative, the following items must not be submitted for removal or storage and will under no circumstances be moved or stored by us. The items listed under (4.1.1) below may present risks to health and safety and of fire. Items listed under (2.1.2) to (2.1.6) below carry other risks and you should make your own arrangements for their transport and storage.
     • Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
     • Jewelry, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.
     • Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
     • Perishable items and/or those requiring a controlled environment.
     • Any animals, birds or fish.
     • Goods which require special license or government permission for export or import.
   • If we do agree to remove such goods, we will not accept liability for loss or damage unless we are negligent or in breach of contract, in which case all these conditions will apply. If you submit such goods without our knowledge we will make them available for your collection and if you do not collect them within a reasonable time we will apply for an appropriate court order to dispose of any such goods found in the consignment without notice. You will furthermore pay to us any charges, expenses, damages, legal costs or penalties incurred by us.

3. Our liability for loss or damage
   • Our liability for loss or damage is limited, as set out in clause 8.1.1 below. Alternatively, you may request us to increase our liability, as set out in clause 8.1.2 below:
     • In the event of our negligence or breach of contract resulting in loss of or damage to your goods, we will pay a sum equivalent to the cost of their repair or replacement whichever is the smaller sum up to a maximum of $60 for any one item (see below), or
     • Prior to the commencement of work and subject to our having received your itemized valued inventory (see 3(3.1.1)) we may agree to increase our liability, for an additional charge. We will not unreasonably withhold consent to such a request. This is not insurance cover and you are strongly advised to accept the insurance offered in our quotation, or if arranging insurance cover yourself, you are advised to show this contract to your insurance company.
   • For goods destined to, or received from a place outside Canada
     • We will accept liability for loss or damage (a) arising from our negligence or breach of contract whilst the goods are in our physical possession, or (b) 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. In either circumstance clause 8.1.1 and 8.1.2 above will apply.
     • 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.
     • 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 have limited recourse against the carrier, and 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.
     • We do not accept liability for goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless we have been negligent or in breach of contract.
   • For the purposes of this Agreement an item is defined as:
     • The entire contents of a box, parcel, package, carton, or similar container; and
     • Any other object or thing that is moved handled or stored by us.

4. Damage to premises or property other than goods
   • Because third party contractors are frequently present at the time of collection or delivery our liability for loss or damage is limited as follows:
     • 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.
     • 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 is likely to cause damage, we shall not be liable.
     • If we are responsible for causing damage to your premises or to property other than goods submitted for removal and/or storage, you must note this on the worksheet or delivery receipt as soon as practically possible or within a reasonable time. This is fundamental to the Agreement.

5. Exclusions of liability
   • Other than as a result of our negligence or breach of contract we will not be liable for any loss, damage or failure to produce the goods if caused by any of the following circumstances:
     • By fire howsoever caused
     • 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, third party industrial action or other such events outside our reasonable control.
     • 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.
     • By moth or vermin or similar infestation.
     • By cleaning, repairing or restoring unless we arranged for the work to be carried out.
     • By change to atmospheric or climatic conditions.
     • For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us.
     • For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
     • For any goods which have a pre-existing defect or are inherently defective.
     • For animals and their cages or tanks including pets, birds or fish.
     • For plants
     • For perishable items and/or those requiring a controlled environment.
     • For items referred to in Clause 4.
     • For damages or costs resulting indirectly from, or as a consequence of, loss, damage, or failure to produce the goods including but not limited to loss of use or amenity.
   • No employee of ours shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement.

6. Time limit for claims
   • For goods which we deliver, you must notify us in writing of any visible loss, damage or failure to produce any goods at the time of delivery.
   • If you or your agent collects the goods, you must notify us in writing of any loss or damage at the time the goods are handed to you or your agent.