TERMS AND CONDITIONS OF THE NO CHARGE COLLECTION SERVICE
The following terms and conditions apply in consideration of Our provision to You of Our no charge Collection Service which is offered in consideration of You wanting to store goods with Us. We shall only provide such a Collection Service in the stated circumstances and if You, Our client, have expressly agreed to the following terms and conditions and you demonstrate such express agreement by clicking the “I accept the Collection Service terms and conditions”. In doing so, you create a contract between us.
Please note that the contract and terms relating to the storage of Goods will be provided to you at Our premises; these terms and conditions only apply to the Collection Service and no other goods or services.
In these terms and conditions, the following words shall have the following meanings:
Collection Service – the collection service We may provide to You whereby for no charge We will assist in the collection of Your Goods for transportation to one of Our units and, if agreed, assist You with loading and unloading the Goods from Our vehicle.
Goods – anything You will be storing in one or more of Our units (Your having complied with providing the list thereof and values as described in the terms and conditions) and to which the Collection Service applies.
We, Us, Our – Henfield Hire Limited, having its registered office at1 Horsham Gates, North Street, Horsham West Sussex, RH13 5PJ. Our contact details for you in relation to any aspect or matter of the Collection Service and these terms and conditions are: FAO: Mr Andrew Crossley, 01403 241 010; email: firstname.lastname@example.org.
You, Your – the customer who is named in the application and agreement to these terms and conditions to whom the Collection Services are to be provided.
- As a no charge service (separate from any storage), You and We may agree that We shall provide a Collection Service to You. If You and We agree to do so, then:-
- We shall not provide the Collection Service for any Goods exceeding £2,000 in value and You shall carry, load and unload all such Goods Yourself;
- You shall declare in writing to Us in advance a list of and the value of the Goods the subject of the Collection Service, including Goods that exceed £2,000; and You shall identify the latter at collection, and the approximate sizes and weights thereof;
- all Goods shall be where applicable dismantled, fully and properly packed as is safe and suitable and properly required for the nature of the type of transportation of the particular Goods, and be ready for loading before Our arrival;
- if We specify before collection that a certain minimum other persons are required to assist in the carrying, loading and unloading into the destination unit, You agree that it is entirely Your responsibility to arrange that and to have present suitable and fit helpers to assist in the carrying, loading and unloading into that unit; and that if You fail to arrange this then We may refuse to undertake the Collection Service. If this results in Our storage of the Goods being cancelled or not taking place then any deposit You may have otherwise paid for the storage of the Goods will be forfeited to Us;
- during the carrying, loading and unloading, Our employees or agents providing the Service shall be entirely under Your instruction and what they do and are told to do by You shall be entirely Your responsibility and You shall owe them a duty of care to act and direct them reasonably;
- notwithstanding anything in these terms and conditions of the Collection Service, if any of Our employees or agents providing the Collection Service reasonably take the view that any particular item of the Goods is too heavy or awkwardly shaped or not safe to be carried or moved, or the movement thereof may create a health or safety risk to any person, then they shall be free to decline to the instructions from You and not provide the Collection Service in relation to such Goods;
- You shall be entirely responsible for the manner of carrying the Goods and the loading and packing of the transporting vehicle, securing the Goods and their packaging in the vehicle and any consequences thereof;
- You agree to be liable for and to indemnify us promptly on Our demand (showing reasonable details) against any claims made against Us through Your breach of the duty of care described in clause 1.5 and all parking tickets or fines and expenses We may incur during the Collection Service from the time Our vehicle arrives at or around the collection point; and
- You shall be present at the destination unit to unload the Goods and shall be responsible for the manner and method of unloading, carrying, storing and packing the Goods into the unit; and shall continue to be present until the loading into the unit is completed and shall lock the unit Yourself and take and keep the key (as We shall not take possession of the key).
- As the Collection Service, if it is provided, is provided with no charge, then You and We agree that it is reasonable in all the circumstances that We shall not be liable to you for an amount exceeding in aggregate in a calendar year the sum of £1,000 for any loss of or damage to any Goods that are the subject of the Collection Service howsoever or wheresoever such loss or damage arises out of Our (or Our Collection Service personnel’s) provision of the Collection Service, and then only to the extent Our or their breach of these terms and conditions or individual negligence directly caused such loss or damage.
- If You order the collection Service by accepting these terms and conditions a contract will arise between us. You have a right to cancel Your receipt of the Collection Service within 14 days of the date the contract was made. You cancel by sending us an email to the email address given above or by telephoning us on the number, also given above. Your cancellation should state your name and address, the date You accepted these terms and conditions and the contract between us, and the date, place and time of the agreed provision of the Collection Service. You cannot cancel once we have commenced the provision of the Collection Service, although of course You and We may agree to do so at such a time.
- For the avoidance of doubt, You must insure all Goods that are the subject of the Collection Service for their collection, carrying and loading into Our collection vehicle and unloading into the destination unit.
- You agree that You will indemnify Us against all claims, demands, liabilities, damages, costs and expenses incurred by Us or by any of Our employees, agents or other unit users or persons on any of Our premises which arise out of the acts or omissions of You or any other person assisting You in the collection and delivery of the Goods.
- If You wish to raise a complaint about Us and/or Our personnel, please do so by sending an email with reasonable details of the complaint to the email address given above. We take complaints very seriously [and a copy of Our complaints policy is available on request]. In summary, we use reasonable efforts to respond to You and try to resolve the complaint within 10 days of the complaint.
- You and We agree to try informal conciliation within 20 business days of the notice of any dispute. If the dispute cannot be resolved, You and We agree to use the Centre for Alternative Dispute Solution to try to resolve the dispute amicably by using an Alternative Dispute Resolution procedure before taking any other step. If the dispute is not resolved to mutual satisfaction within 90 days after notice of the dispute has been given, You or We may submit the dispute to the Court. This Condition does not affect the rights of either You or Us to terminate this Agreement.
- You agree You may not assign any of Your rights under the contract between us and these terms and conditions.
- You agree that the contract between us does not confer any rights on any third parties by virtue of the Contracts (Rights of Third Parties) Act 1999 which it is agreed shall not apply to this Agreement.
- Where You are two or more persons Your obligations under this Agreement shall be obligations of each of You separately.
- Any notice given must be in writing and may be served by personal delivery to the person notified or its address or by pre-paid post. Your address for service of notices shall be Your address which You have notified to Us in accepting these terms and conditions of the Collection Service.
- The contract between us and these terms and conditions shall be governed by English law and You and We submit to the exclusive jurisdiction of the English courts.