Exclusive Removals Business and Website Terms & 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 Remover. These terms and conditions can be varied or amended subject to prior written agreement. Your attention is drawn to Clauses 4,9,10,11 and 12 which set out our liability to you for loss of or damages to goods and property.
1. Our Quotation
1.1 Our quotation, unless otherwise stated, does not include customs duties and Inspections or any other fees or taxes payable to government bodies. It Does include us accepting liability for your goods, subject to clauses 2.2, 3.2, 5.2, 5.3 and the provisions of Clauses 4,9,10,11 and 12.
1.2 We may change the price or make additional charges if circumstances are Found to apply which have not been taken into account when preparing Quotation and confirmed by us in writing. These include:
1.2.1 You do not accept our quotation in writing within 28 days, or the work is Not carried out or completed within three months.
1.2.2 Our costs change because of currency fluctuations or changes in Taxation or freight charges beyond out control.
1.2.3 The work is carried out on a Saturday, Sunday or Public Holiday or Outside normal house (08.00-18.00 hrs) at your request.
1.2.4 We have to collect or deliver goods at your request above the ground floor and first upper floor.
1.2.5 If you collect some or all of the goods from our warehouse, we are entitled to make a charge for handing them over.
1.2.6 We supply any additional services, including moving or storing extra goods (these conditions apply to such work).
1.2.7 The stairs, lifts or doorways are inadequate for free movement of the goods without mechanical equipment or structural alteration, or the approach, road or drive is unsuitable for our vehicles and/or containers to load and/or unload within 20 metres of the doorway.
1.2.8 We have to pay parking or other fees or charges in order to carry out services on your behalf.
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 9.1.1
1.3 In any such circumstances, adjusted charges will apply and become payable.
2. Work not included in the quotation
2.1 Unless agreed by us in writing, we will not:
2.1.1. Dismantle or assemble unit or system furniture (flat-pack), fitments or fittings.
2.1.2 Disconnect, re-connect, dismantle or re-assemble appliances, fixtures or equipment.
2.1.3 Take up or lay fitted floor coverings.
2.1.4 Move items from a loft, unless properly lit and floored and safe access is provided.
2.1.5 Move or store any items excluded under clause 5.
2.2 Our staff are not authorised or qualified to carry out such work. We recommend that a properly qualified person is separately employed by you to carry out these services.
3. Your responsibility
3.1 It is your responsibility to:
3.1.1 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 in greater than the actual value you declare, you agree that our liability under clause 9.1 will be reduced to reflect the proportion that your declared value bears to their actual rate.
3.1.2 Obtain at your own expense, all documents, permits, permissions, licenses, customs documents necessary for the removal to be completed.
3.1.3 Be present or represented during the collection and delivery of the removal
3 1 4 Ensure authorised signature on agreed inventories, receipts, waybills, job Sheets or other relevant documents by way of confirmation of collection or delivery of goods.
3.1.5 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
3.1.6 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.
3.1.7 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
3.1.8 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
3.2 Other than by reason of our negligence or breach of contract, we will not be liability for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.
4. Our Responsibility
4.1 It is our responsibility to deliver your goods to you, or produce them for your collection, undamaged. By ‘undamaged’ we mean in the same condition as they we in at the time when they were packed or otherwise made ready for transportation and/or storage.
4.2 In the event that we have undertaken to pack the goods, or otherwise make them ready for transportation and/or storage, it is our responsibility to deliver them to you, or produce them for your collection, undamaged. Again, by ‘undamaged’ we mean in the same condition as they were in immediately prior to being packed/made ready for transportation or storage.
4.3 If we fail to discharge the responsibilities identified in clause 4.1 and 4.2, we will, subject to the provisions of clauses 9, 11 and 12, be liable under this agreement to compensate you for such failure.
4.4 We will not be liable to compensate you where clauses 2.2, 3.2, 5.2 and 5.3 applies unless loss or damaged occurred as a result of negligence or breach of contract on our part.
4.5 If you do not provide us with a declaration of value of your goods, or if you do not require us to accept standard liability pursuant to clause 9.1, we will not be liable to you for failure to discharge the responsibilities identified in clause 4.1 and 4.2, unless that failure was caused by negligence or breach of contract on our part.
4.6 The amount of our liability under this clause shall be determined in accordance with clauses 9 and 11.
5. Goods not to be submitted for removal or storage
5.1 Unless previously agreed in writing by a director or other authorised 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 5.1.1 below may present risks to health and safety and of fire. Items listed under 5.1.2 to 5.1.6 below carry other risks and you should make your own arrangements for their transportation and storage.
5.1.1 Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
5.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or goods or collections of any similar kind.
5.1.3 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
5.1.4 Perishable items and/or those requiring a controlled environment.
5.1.5 Any animals, birds or fish.
5.1.6 Goods which require special license or government permission for export or import.
5.2 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.
5.3 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.
6. Ownership of the goods
6.1 By entering into this agreement, you guarantee that:
6.1.1 The goods to be removed and/or stored are your own property, or
6.1.2 The person(s) who own or have an interest in them have given you authority to make this contact and have been made aware of these conditions.
6.1.3 You will pay us for any claim for damages and/or costs brought against us if either warranty 6.1.1 or 6.1.2 is not true.
7. Charges if you postpone or cancel the removal
7.1 If you postpone or cancel this agreement, we will charge you according to how much notice is given. ‘Working Days’ refer to the normal working week of
Monday to Friday and excludes weekend and Public Holidays.
7.1.1 More than 10 working days before the removal was due to start: no charge
7.1.2 Between 5 and 10 working days inclusive before the removal was due to Start: not more than 30% of the removal charge
7.1.3 Less than 5 working days before the removal was due to start: not more 60% of the removal charge.
8.1 Unless otherwise agreed by us in writing:
8.1.1 Payment is required by cleared funds in advance of the removal or storage period.
8.1.2 You may not withhold any part of the agreed price.
8.1.3 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.
9. Determination of amount of our liability for loss or damage
9.1 Standard Liability.
9.1.1 If you provide us with a declaration of the value of your goods, and subject to clause 3.1.1, the amount of our liability to you in the event of loss or damage
to those goods in breach of clause 4 will be determined in accordance with clauses 9.1.2, 9.1.3 and 11 below, subject to a maximum liability of £25,000.00
and calculated at £1000.00 per cubic metre. We may agree to accept liability for a higher amount, in which case we may make an additional charge. Any
claim will be subject to a £250.00 excess. This excludes shipments outside the EU. It is the client’s responsibility to arrange own Transit Insurance.
9.1.2 In the event of loss of or damage to your goods in breach of clause 4, our liability to you is to be assessed as a sum equivalent to the cost of their repair or
replacement whichever is the smaller sum, taking into account the age and condition of the goods immediately prior to their loss or damage, and subject to
the maximum liability of £25,000 referred to in Clause 9.1.1 (unless we have agreed a higher amount with you).
9.1.3 Where the lost or damaged item is part of a pair or set, our liability to you, where it is assessed as the cost of replacement of that item, is to be assessed as a
sum equivalent to the cost of that item in isolation, not the cost of that item as part of a pair or set.
9.2 Limited Liability
9.2.3 If you do not provide us with a declaration of value, or if you do not require us to accept Standard Liability pursuant to clause 9.1, then our liability to you is
to be determined in accordance with clauses 9.1.3, 9.2.4 And 11.
9.2.4 In the event of loss of our damage to your goods caused by negligence or breach of contract on our part, our liability to you is to be assessed as a sum
equivalent to the cost of their repair or replacement, taking into account their age and condition immediately prior to their loss or damage, subject to a
maximum liability of £40.00 per item.
Your attention is drawn to clause 11.1, Which applies to Limited Liability.
9.3 For goods destined to or received from a place outside the UK
9.3.3 We will only accept Standard Liability if you provide us with a detailed valuation in writing of your goods prior to the removal date. All Other provisions of
Clause 9.1 will apply.
9.3.4 We do not accept liability for loss of or damage to goods confiscated, seized, removed or damaged by customs authorities or other government agencies
unless we have been negligent or in breach of contract.
9.3.5 We do not accept liability for loss of or damage to goods occurring in certain overseas countries, including Gambia, Iran, Iraq, Nigeria, Libya, Lebanon,
Angola, Cambodia, Vietnam, N Korea and former states of the USSR, unless we have been negligent or in breach of contract. This list is not exhaustive,
and we will advise you at the time of quotation if this exclusion applies. We will not accept liability for loss of 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 9.1 or 9.2 above will apply.
9.4 An Item is defined as: –
9.4.3 The entire contents of a box, parcel, package, carton or similar container; and
9.4.4 Any other object or thing that is moved handled or stored by us.
10. Damage to premises or property other than goods
10.1 Because third party contractors are frequently present at the time of collection or delivery our liability for loss or damage is limited as follows:
10.1.3 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.
10.1.4 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.
10.1.5 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.
11. Exclusions of liability
11.1 In respect of Limited Liability, we will not be liable for loss of or damage to your goods as a result of fire or explosion howsoever that fire or explosion was
caused, unless we have been negligent or in breach of contract.
11.2 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of,
damage to, or failure to produce the following goods:
11.2.1 Bonds, securities, stamps of all kinds, manuscripts or other documents or electronically held data records, mobile telephones.
11.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination.
11.2.3 Perishable items and/or those requiring a controlled environment.
11.2.4 Furs exceeding £100.00 in value, jewellery, watches, precious stones and metals, money, coins, deeds.
11.2.5 Any animals, birds or fish
11.3 In respect of Standard Liability and Limited Liability, other than as a result of our negligence or breach of contract we will not be liable for any loss of,
damage to, or failure to produce the goods if caused by any of the following circumstances: –
11.3.1 By war, invasion, acts of foreign enemies, hostilities (weather was is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God,
industrial action or other such events outside our reasonable control.
11.3.2 Loss or damage arising from radiations or radioactive contamination.
11.3.3 Loss of or damage arising from chemical, biological, bio-chemical, electromagnetic weapons and cyber-attack.
11.3.4 By vermin, moth, insects and similar infestation, damp, mould, mildew or rust.
11.3.5 By cleaning, repairing or restoring unless we arranged for the work to be carried out.
11.3.6 By change to atmospheric or climatic conditions.
11.3.7 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.
11.3.8 Loss of or damage to china, glass ware and fragile items unless they have been both professionally packed and unpacked by them, us or our subcontractor.
In the event of an accident involving an owner packed container where damage would have occurred irrespective of the quality of the packing, then our
liability is limited to £100 or its Actual value whichever is less.
11.3.9 For electrical or mechanical derangement to any applicant, instrument, clock, computer or other equipment unless there is evidence of related external
11.3.10Loss or damage of motor vehicles caused by scratching, denting and marring unless you obtain from us a pre-collection condition report.
11.3.11Loss or damage to a vehicle whilst being driven or for the purpose of loading onto or unloading from the carrying conveyance or container. Loss or damage
sustained by accessories and removable items unless lost with the vehicle.
11.3.12For any goods which have a pre-existing defect or are inherently defective.
11.4 No employee of ours shall be separately liable to you for any loss, damage, miss-delivery, errors or omissions under the terms of this agreement.
11.4.4 Indirect or consequential loss of any kind or description.
11.4.5 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
11.5 Our liability will cease upon handling over goods from our warehouse or upon completion of delivery (see Clause 12.2 below)
12. Time limit for claims
12.1 For goods which we deliver, you must notify us in writing of any loss, damage or failure to produce any goods at the time of delivery.
12.2 If you or your agent collect 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.
12.3 Notwithstanding clauses 9,10 and 11 we will not be liable for any loss or damage to the goods unless a claim is notified to us, or to our agent or the
company carrying out the collection or delivery of the goods on our behalf, in writing as soon as such loss or damage is discovered (or with reasonable
diligence ought to have been discovered) and in any event within seven (7) days of delivery of the goods by us.
12.4 The time limit for notifying us of your claim may be extended upon receipt of your written request provided such request is received within (7) days of
delivery. Consent to such a request will not be unreasonably withheld.
13. Delays in Transit
13.1 Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit.
13.2 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.
14. Our Right to Hold the Goods (lien)
We shall have the right to withhold and/or ultimately dispose of some or all of the goods until you have paid all our charges and any other payments due
under this or any other agreement (see also Clause 23). These include any charges that we have paid out on your behalf. Whilst we hold the goods you will
be liable to pay all storage charges and other costs incurred by our withholding your goods and these terms and conditions shall continue to apply.
16. Our right to sub-contract the work
16.1 We reserve the right to sub-contract some or all of the work.
16.2 If we subcontract, then these conditions will still apply.
17. Route and method
17.1 We have the right to choose the method and route by which to carry out the work.
17.2 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
utilized for consignments or other customers.
18. Advice and information for International Removals
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 registered 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.
19. Applicable law this contract is subject to the law of the country in which the office of the company issuing the contract is situated.
20. Your forwarding address
20.1 If you send goods to be stored, you must provide an address for correspondence and notify us if it changes. All correspondence and notices will be
considered to have been received by you seven days after sending it to your last address recorded by us.
20.2 If you do not provide an address and/or do not respond to our correspondence or notices, we may publish such notices in a public newspaper in the area to
or from which the goods were removed. Such notice will be considered to have been received by you seven days after the publication date of the newspaper.
Note: if we are unable to contact you, we will charge you any costs incurred in establishing your whereabouts.
21. List of goods (inventory) or receipt
Where we produce a list of your goods (inventory) or a receipt and send it to you, it will be accepted as accurate unless you write to us within 10 days of the
date of our sending, or a reasonable period agreed between us, notifying us of any errors or omissions.
22. Revision of storage charges
We review our storage charges periodically. You will be given 3 month’s notice in writing of any increases.
23. Our right to sell or dispose of the goods if payment of our charges relating to your goods is in arrears, and on giving you three month’s notice, we are
entitled to require you to remove your goods from our custody and pay all money due to us. If you fail to pay all outstanding amounts due to us, we may sell
or dispose of some or all of the goods without further notice. The cost of the sale or disposal will be charged to you. The net proceeds will be credited to
your account and any eventual surplus will be paid to you without interest. If the full amount due is not received, we may seek to recover the balance from
24. Termination if payments are up to date, we will not end this contract except by giving you three month’s notice in writing. If you wish to terminate your
storage contract, you must give us at least 10 working day’s notice (working days are defined in clause 7 above). If we can release the goods earlier, we will
do so, provided that your account is paid u to date. Charges for storage are payable to the date when the notice should have been taken.
Terms and conditions of Website
1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
3.0 Copyright notice
3.1 Copyright (c) 2018 Exclusive Removals Ltd T/A Exclusive Removals, Malaga Removals, Portugal Removals and Mallorca Removals
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4.0 Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in print and electronic form to any person.
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5.0 Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
You may not:
(a) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(b) violate the directives set out in the robots.txt file for our website; or
(c) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
6.0 Registration and accounts
6.1 To be eligible for an account on our website under this Section 6, you must be resident or situated in the United Kingdom, Portugal or Spain
6.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
6.3 You must not allow any other person to use your account to access the website.
6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.5 You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.
7.0 User login details
7.1 If you register for an account with our website, you will be asked to choose a user ID and password.
7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3 You must keep your password confidential.
7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
8.0 Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation.
8.2 You may cancel your account on our website using your account control panel on the website.
9.0 Your content: licence
9.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store and, with your specific consent, publish your content on and in relation to this website.
9.3 You grant to us the right to sub-license the rights licensed under Section 9.2.
9.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.
9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
10.0 Your content: rules
10.1 You warrant and represent that your content will comply with these terms and conditions.
10.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
10.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
11.0 Limited warranties
11.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
12.0 Limitations and exclusions of liability
12.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
12.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
13.0 Breaches of these terms and conditions
13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
14.1 We may revise these terms and conditions from time to time.
14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website
15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17.0 Third party rights
17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
17.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
18.0 Entire agreement
18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website
19.0 Law and jurisdiction
19.1 These terms and conditions shall be governed by and construed in accordance with English law.
19.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
20.0 Statutory and regulatory disclosures
20.1 We are registered in Companies House you can find the online version of the register at https://www.gov.uk/government/organisations/companies-house, and our registration number is 7519162
21.0 Our details
21.1 This website is owned and operated by Exclusive Removals Ltd T/A Exclusive Removals, Malaga Removals, Portugal Removals and Mallorca Removals.
21.2 We are registered in England and Wales under registration number 7519162 and our registered office is at Hall farm, Maldon Road, Maldon, Essex CM9 6SN.
21.3 Our principal place of business is at Hall farm, Maldon Road, Maldon, Essex CM9 6SN..
21.4 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website from time to time; or
(d) by email, using the email address published on our website from time to time.
22.0 Return / Refund / Cancellation Policy
We aim to be a very flexible company and always work with the customer to make sure they get the best services possible.
This web site has been created by, for and on behalf of the Company.
Unauthorized use of Exclusive Removals Ltd T/A Exclusive Removals, Malaga Removals, Portugal Removals and Mallorca Removals.
trademarks, trade names and logos, and media is prohibited.