TERMS AND CONDITIONS OF THE NO CHARGE COLLECTION SERVICE
The following terms and conditions apply in respect of Our provision to You of Our no charge Collection Service which is offered in consideration of You having reserved a storage unit at one of our storage facilities or otherwise having indicated Your intention to store goods with Us. Please read these terms carefully before You submit Your order to Us. These terms tell You who We are, how We will provide service to You, how you and we may change or end the contract or charge for additional services, what to do if there is a problem and other important information. We will take possession of and will be a bailee of the goods whilst they are in Our vehicle but We may refuse to deal with or be liable for certain goods in certain circumstances as set out below.
Meaning of words used: In these terms and conditions, the following words shall have the following meanings:
Collection Service – the collection service We may provide to You where We will bring a vehicle to You to collect Your Goods for transportation to one of Our storage sites and, if agreed, assist You with loading and unloading the Goods to and from Our vehicle.
Goods – the items to be loaded into Our vehicle for storage in one or more of Our units at one of Our storage sites and to which the Collection Service applies.
High Value Items – Goods with a replacement value as new per item of £2,000 or more.
We, Us, Our – Henfield Hire Limited [and/or Henfield Storage (Chiswick) Ltd, Henfield Storage (Southwark) Ltd, Henfield Storage (Staples Corner) Ltd], having registered offices at Bankside 300, Broadlands Business Park, Norwich NR7 0LB. 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, telephone 01403 241 010; email: email@example.com.
You, Your – the customer who is named in the online application and accepts these terms and conditions in accordance with clause 1.1 as the person to whom or on whose behalf the Collection Services are to be provided.
Acceptance of Terms
1.1 We shall only provide a Collection Service if the conditions set out below are met and if You have expressly agreed to the following terms and conditions. Please read these terms and conditions carefully to be sure that You understand them. By clicking the “I accept the Collection Service terms and conditions” button on Our website, You are agreeing to these terms and conditions. Your attention is particularly drawn to section 5 (Liability). Our acceptance of Your order will take place when We email You to accept it, at which point a contract will come into existence between Us and You for the Collection Service subject to these terms and conditions.
1.2 You have a right to cancel 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 You and 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.
1.3 Please note that the contract and terms relating to the storage of Goods will be provided to You at Our storage premises; these terms and conditions only apply to the Collection Service and not to the storage of the Goods or to the supply of any other goods or services.
2.1 As a no charge service (separate from any storage), You and We agree that We shall provide a Collection Service to You on the following conditions:
(a) The no charge Collection Service offer is available only to customers who commit to a 3 months (13 weeks) or more storage contract from the outset. If You commit to a 3 months (13 weeks) storage contract and received the benefit of the no charge Collection Service, but need or choose to vacate Your storage unit/s before the 3 months (13 weeks) storage period has expired, You will be liable for all storage charges for those Goods for the full 3 months (13 weeks) minimum storage period. This will be included as part of Your final storage cost and must be paid in full prior to vacating Your unit(s);
(b) You shall declare in writing to Us in advance a list of and the value of all High Value Items and You shall identify these at collection, and their approximate sizes and weights;
(c) Our employees shall not provide any assistance carrying, loading or unloading any High Value Items and We reserve the right in Our sole discretion not to provide the Collection Service in respect of any one or more High Value Item. If We agree that We will transport any High Value Item, You shall carry, load and unload all such High Value Items Yourself, regardless of whether You have paid for helpers from Us. You shall decide on the placement of such High Value Items within the vehicle, apply appropriate protective packaging materials and secure those High Value Items in position. You shall be solely responsible for any consequences arising from any of these;
(d) You shall be responsible for preparing adequately and stabilising all appliances or electronic equipment prior to transportation and for emptying and properly defrosting and cleaning refrigerators and deep freezers (We will not be responsible for the contents);It is Your responsibility to make parking arrangements within 20 metres of the access to the collection address and pay any parking fees and/or other fees, fines or charges that may arise from failure to discharge these responsibilities;
(e) 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 Goods being transported, and be at ground level ready for loading before Our arrival. Please note the Collection Service DOES NOT include: packing the items into boxes; dismantling or assembling unit or system furniture (flat pack) or beds; disconnecting, reconnecting, dismantling or re-assembling appliances, fixtures, fittings or equipment; moving items from a floor above ground level or a loft or doing any work that involves the use of a ladder; taking up any floor coverings or moving or transporting any items prohibited from storage in Our units. Our responsibility will be solely to enable You (with Our assistance and subject to appropriate additional charges where agreed) to load pre-packed items into Our vehicle for transportation to Our storage site to enable You (with Our assistance and subject to appropriate additional charges where agreed) to unload them to Your storage unit(s);
(f) if We specify before collection that a certain minimum number of other persons are required to assist in the carrying of Goods, loading into Our vehicle and unloading into the destination unit(s) as set out in section 4.3 below, You agree that it is entirely Your responsibility to arrange that assistance and to have present suitable and fit helpers to assist in the carrying of Goods, loading them into Our vehicle and unloading them into the destination unit(s); if You fail to arrange this assistance 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 paid in relation to the storage of the Goods will be forfeited to Us;
(g) where Our employees have agreed to assist You with carrying, loading or unloading (with or without making any additional charge), Our employees or agents providing the Service shall act in accordance with Your reasonable instructions during the carrying, loading and unloading process 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;
(h) notwithstanding anything in these terms and conditions for the Collection Service, if any of Our employees or agents providing the Collection Service reasonably takes the view that any particular item of the Goods is too heavy or awkwardly shaped or not safe to be carried or moved, or moving such Goods may create a health or safety risk to any person or the item is a High Value Item, then they shall be free to decline to act on Your instructions and shall not be obliged to provide the Collection Service in relation to such Goods; and
(i) You shall be entirely responsible for the manner of carrying the Goods and the loading and packing of the transporting vehicle, securing the Goods within the vehicle and their packaging in the vehicle and any consequences arising from any of these.
2.2 You shall be present at the destination unit(s) to unload the Goods and shall be responsible for the manner and method of unloading, carrying, storing and packing the Goods into the unit(s); and shall continue to be present until the loading into the unit(s) is completed and shall lock the unit(s) Yourself and take and keep the key(s) (as We shall not take possession of the key(s)).
2.3 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, transportation to Our storage site and unloading into the destination unit(s).
2.4 By entering into this contract for Collection Services, You guarantee that the Goods to be moved are Your own property, or 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.
Goods not to be submitted for the Collection Service or storage
3.1 The following items must not be submitted for the Collection service and will under no circumstances be moved or stored by Us. The items listed below may present risks to health and safety and/or of fire or may carry other risks and You should make your own arrangements for their transport and storage:
3.1.1 Any living thing, including any animals, birds, fish and plants;
3.1.2 Any Goods that are likely to encourage vermin or other pests or to cause infestation or contamination to any part of Our storage site and/or anything within Our storage site;
3.1.3 Any Goods which require a special licence;
3.1.4 Any food and/or drink and any items that are particularly exposed to loss;
3.1.5 Any drugs;
3.1.6 Any stolen or prohibited or illegal goods;
3.1.7 Any goods that are potentially dangerous, explosive, combustible, are or contain hazardous materials or are otherwise liable to cause damage. This includes, but is not limited to, firearms, ammunition,, weapons, explosives, petrol, oil, cleaning solvents, acids, paints, aerosols, gas bottles and canisters, chemicals, radioactive materials, biological agents, toxic waste, asbestos or goods which emit fumes, smell or odour;
3.1.8 jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind.
3.2 If we do transport such Goods without our knowledge, we will not accept liability for any loss of or damage to such Goods.
Additional Charges and Payment Details
4.1 Our free of charge Collection Service is not a full removal service; it consists of a driver and a van. We require the Goods to be on the ground floor and ready to be loaded onto the van.
4.2 We require You to provide helpers to assist the driver. The helpers should be able to lift and carry the Goods and be available for both loading at the collection point and unloading at Our storage Site.
4.3 The number of helpers required depends on the total size of the destination unit(s) and the nature of the Goods being transported but as a minimum:
4.3.1 14 – 40 sq. ft. units – at least 1 helper
4.3.2 50 – 90 sq. ft. units – at least 2 helpers
4.3.3 100+ sq. ft. units – at least 3 helpers
4.4 If You cannot arrange helpers then We can provide them at Our current daily rate as advised to You when You ask to book a Collection Service.
4.5 Unless otherwise agreed by Us in writing, payment for any additional helpers to be supplied by Us is required in cleared funds in advance of the collection date.
5.1 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 2.1(g) 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..
5.2 It is Our responsibility to transport the Goods from the collection point to Our storage site for unloading to Your designated unit(s) undamaged. By “undamaged” We mean in the same condition as they were in at the time when they were packed or otherwise made ready for transportation by You unless the damage was caused by our employees acting otherwise than in accordance with Your instructions or by Your helpers (not being our employees) during loading or unloading.
5.3 As the Collection Service, if it is provided, is provided as a no charge service, even though Our employees may have possession of or control over the Goods whilst providing the service, You and We agree that it is reasonable in all the circumstances that We shall not be liable to you for any loss of or damage to any Goods that are the subject of the Collection Service however or wheresoever such loss or damage arises, and then only to the extent such loss or damage is caused by negligence or breach of contract on Our part or on the part of Our employees or agents, for any amount in excess of the following:
(a) in relation to any item which You have declared to Us in writing in advance of the collection date as being a High Value Item and which You have identified as a High Value Item on the collection date prior to loading, the sum of £200 per High Value Item; and
(b) in relation to all Goods which have not been declared to Us in writing in advance of the collection date as being High Value Items and which have not been identified by You as High Value Items on the collection date prior to loading, an amount not exceeding in aggregate the sum of £100.
5.4 If We cause loss or damage to premises or property other than the Goods which are subject to the Collection Service as a result of Our negligence or breach of contract, Our liability shall be limited to making good the damaged area only. You must notify Us of any such damage as soon as possible following provision of the Collection Service and in any event within 3 days. This is a fundamental term.
5.5 If We cause damage as a result of moving Goods under Your express instruction, against Our advice and/or where moving the Goods in the manner instructed is likely to cause damage, We shall not be liable.
5.6 No employee of Ours shall be separately liable to You for any loss, damage, errors or omissions related to the provision of the Collection Service.
5.7 Unless You pay for Us to provide assistance with unloading the Goods (excluding any High Value Items) to Your designated unit(s), Our liability will cease when the Goods arrive at the storage facility for unloading. If Our employees are paid to assist You to unload the Goods (excluding High Value Items) to the designated unit(s), Our liability in relation to the Goods excluding High Value Items ceases as soon as the Goods have been placed in the unit. Our liability in relation to High Value Items begins when such items have been loaded to the vehicle and secured by You and ceases when such High Value Items arrive at the storage facility for unloading.
5.8 We will not be liable for any loss of or damage to the Goods unless a claim is notified to Us in writing as soon as such loss or damage is discovered (or with reasonable diligence ought to have been discovered) when the Goods are unloaded to Your designated unit(s) on the date on which the Collection Service is provided or at the latest within 24 hours of the arrival of the Goods at our storage .
5.9 You specifically acknowledge that You are aware of the limitations of liability set out in clause 5 above and that, in all the circumstances, and taking into account the negotiations between You and Us and the relationship between You and Us and the fact that the Collection Service is a no charge service, such limitations on Our liability are reasonable.
5.10 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 or acting on Your instructions.
Complaints and disputes
6.1 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 firstname.lastname@example.org. We take complaints very seriously and a copy of Our complaints policy is available on request. In summary, We will use reasonable efforts to respond to You and try to resolve the complaint within 10 days of the date when the complaint is notified to Us.
6.2 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.
7.1 You agree You may not assign any of Your rights under the contract between us and these terms and conditions.
7.3 You agree that the contract between You and 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.
7.4 Where You are two or more persons Your obligations under this Agreement shall be obligations of each of You separately.
7.5 Any notice given must be in writing and may be served by personal delivery to the person being notified at its address or by pre-paid post or email. Your addresses for service of notices shall be Your postal and email addresses which You have notified to Us in accepting these terms and conditions of the Collection Service. Our address shall be the address of the storage site where the designated unit(s) is/are located.
7.6 You acknowledge and agree that:
(a) these terms and conditions, together with Your online application and Our confirmation email, constitute the whole agreement between You and Us and this Agreement supersedes and replaces any previous agreements;
(b) in entering this Agreement, You do not rely on any statement, promise, representation, assurance or warranty which is not set out in the agreement and any descriptions or illustrations on Our website are published for the sole purpose of giving an approximate idea of the services described in them but they will not form part of this agreement or have any contractual force;
(c) the terms of this Agreement apply to the exclusion of any other terms that You may seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing;
(d) You have raised all queries relevant to Your decision to enter this Agreement with Us and We have, prior to You entering into this Agreement, answered all such queries to Your satisfaction;
(e) any special terms agreed between You and Us have been recorded in writing and incorporated into the terms of this Agreement;
(f) if We decide not to exercise or enforce any right that We have against You at a particular time, then this does not prevent Us from later deciding to exercise or enforce that right at a later date unless We tell You in writing that We have waived or given up Our ability to do so; and
(g) if any provision or part provision of this Agreement is or becomes invalid, unlawful or unenforceable to any extent, it shall be treated as deleted but that shall not affect the validity and enforceability of the rest of this Agreement.
7.7 The contract between You and 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