- Interpretation
In these Terms and Conditions, unless the context otherwise requires:
“We”, “Us”, or “Our” means Phoenix Clearance and Removals Ltd (the Contractor).
“You” or “Your” means the customer engaging the Contractor for the provision of Services.
“Goods” means the items being removed, packed, unpacked, transported, or stored.
“Services” means the services we agree to provide to You pursuant to these Terms and Conditions, including but not limited to domestic removals, commercial removals, packing services, storage services, cleaning services, or any other services agreed in writing.
These Terms and Conditions apply to all Services provided by Us and form the basis of the contract between You and Us.
Before placing an order, confirming a booking, or instructing Us to proceed with the Services, You should read these Terms and Conditions carefully. A copy may be printed for Your records or requested from Us in printed form, which may be provided at Your cost.
By placing an order, confirming a booking, or otherwise instructing Us to proceed with the Services, You confirm that You have read, understood, and agree to be bound by these Terms and Conditions.
These Terms and Conditions may only be varied or amended by prior written agreement with an authorised representative of the Contractor. No verbal statements, assurances, or agreements shall be binding unless confirmed in writing.
- Quotation and Estimate
2.1
Our quotation or estimate, unless otherwise stated in writing, does not include waiting waivers, customs duties, port charges (including but not limited to demurrage), inspections, or any fees, duties, or taxes payable to government bodies or agencies. Our quotation or estimate does not include acceptance of liability for Your Goods beyond the terms set out in these Terms and Conditions.
2.2
All quotations and estimates are valid for 28 days from the date of issue and are subject to the availability of time, vehicles, and resources.
2.3
Unless expressly stated in writing and agreed by Us in advance, all quotations are provided as estimates only and not as fixed price quotations.
2.4
We reserve the right to amend the quotation, revise the price, or make additional charges if circumstances arise that were not taken into account when preparing the original quotation or estimate. Such circumstances include, but are not limited to, the following:
2.4.1
The quotation is not accepted in writing within 28 days, or the Services are not carried out or completed within three months of the quotation date.
2.4.2
Our costs increase due to factors beyond Our reasonable control, including but not limited to currency fluctuations, changes in taxation, fuel costs, ferry charges, tolls, or freight charges.
2.4.3
The agreed date or time of the Services is changed at Your request to a Saturday, Sunday, Public Holiday, or outside normal working hours (08:00 to 18:00), or where such changes are necessary to meet agreed timescales.
2.4.4
The details of the collection or delivery property change, including but not limited to additional floors, restricted access, or other access issues that were not previously declared.
2.4.5
We are required to move, pack, store, or otherwise handle additional Goods beyond those originally declared or agreed.
2.4.6
The entrance, exit, stairs, lifts, doorways, approach road, driveway, or access point is unsuitable for free movement of the Goods without additional equipment, labour, or structural alteration, or where vehicles cannot load or unload within 20 metres of the property.
2.4.7
We incur parking charges, permit fees, or other access related costs, including charges arising where agreed parking suspensions have not been arranged by You. Parking fines resulting from Our negligence shall remain Our responsibility.
2.4.8
Delays or events occur that are outside Our reasonable control and which increase the time, labour, or resources required to complete the Services.
2.4.9
A key wait occurs on the agreed moving date without prior notice. We offer a key waiver fee of £99, which covers waiting time for keys. Where the key waiver is not accepted, waiting time will be charged at £50 per hour after 13:00, up to 16:30. After this time, Goods may be transferred to storage at additional cost.
2.4.10
This includes circumstances where the volume, weight, or nature of the Goods differs materially from the information provided by You at the time of quotation.
2.5
You must notify Us as soon as reasonably possible if You wish to include additional Goods as part of the Services. We will advise You of any revised estimated charges. Additional Goods will not be included in the Services until the revised price has been agreed by You.
2.6
These Terms and Conditions are subject to any written terms expressly stated in the quotation or estimate. In the event of any conflict between these Terms and Conditions and the quotation or estimate, the terms of the quotation or estimate shall take precedence.
2.7
Where the Services include end of tenancy cleaning, quotations are provided based on the information supplied by You regarding the size, condition, and specification of the property.
Where the condition of the property differs materially from that described, or where additional areas, appliances, fixtures, or heavy soiling are present, We reserve the right to revise the price or charge for additional cleaning services.
- Work Not Included in Our Quotations and Estimates
3.1
Unless expressly agreed in writing in advance, Our quotation or estimate does not include the following:
3.1.1
Dismantling or reassembly of items not specifically agreed in writing as part of the quotation.
3.1.2
Disconnecting, reconnecting, dismantling, or reassembling appliances, fixtures, fittings, or equipment.
3.1.3
Taking up or laying fitted floor coverings.
3.1.4
Taking down or re hanging curtain poles, blinds, or other window coverings.
3.1.5
Moving items to or from lofts unless they are properly lit, fully boarded, and have safe access via fixed staircases rather than ladders.
3.1.6
Moving any items excluded under Clause 5.
3.1.7
Dismantling or assembling garden furniture or equipment including, but not limited to, sheds, greenhouses, garden shelters, outdoor play equipment, satellite dishes, paving slabs, planters, or similar items. This service may be provided by prior agreement only.
3.1.8
Disconnecting, reconnecting, or carrying out any plumbing, electrical, or gas related work in relation to appliances including, but not limited to, fridge freezers, washing machines, dishwashers, and other white goods.
We are happy to transport such items provided they are safely disconnected and ready for removal.
Where assistance with disconnection or reconnection is requested, this must be discussed and agreed in advance. We strongly recommend that any such work is carried out by a suitably qualified and insured professional.
3.1.9
Opening, resealing, transporting, or storing paints, oils, lubricants, chemicals, or any materials deemed by Us to be unsafe, hazardous, or unsuitable for transport or storage.
3.2
It is Your responsibility to ensure that all Goods will fit within the dimensions and access constraints of the destination property.
Where items do not fit and dismantling has not been agreed in advance, such items may, at Our discretion, be dismantled on the day subject to an additional charge of £30 per item for dismantling. Where reassembly at the destination is requested, a further charge of £20 per item shall apply. All such charges must be paid in cleared funds prior to the work being carried out.
3.3
Where items do not fit the destination property and dismantling or reassembly is not undertaken by Us, such items will be placed in a safe external area nominated by You. In such circumstances, Our Services in respect of those items shall be deemed complete, and We shall have no liability for any loss or damage arising from their placement or temporary storage.
- Your Responsibilities
4.1
You must declare to Us in writing the value of the Goods being removed, transported, or stored. The value declared must reflect the current market value of the Goods and not a new for old replacement value.
4.2
You are responsible, at Your own expense, for obtaining all documents, permits, permissions, licences, and customs documentation required for the Services to be carried out.
Where You require assistance with obtaining any such documents or permissions, this may be arranged by Us upon request and subject to an additional fee, which shall be agreed in writing in advance.
Any charges, costs, fines, or expenses incurred by Us as a result of Your failure to obtain required documentation or permissions shall be payable by You.
4.3
You must ensure that an authorised person is present to sign inventories, receipts, worksheets, delivery notes, waybills, or any other relevant documentation as confirmation of collection or delivery of the Goods.
4.4
You must be present, or adequately represented, throughout the collection and delivery of the Goods. Where Goods are left in unoccupied or unattended premises, or where third parties such as tenants, contractors, or workmen are present, You must ensure appropriate security and protection arrangements are in place.
4.5
You are responsible for preparing all appliances, electronic equipment, and furniture prior to removal, unless placement, preparation, or handling of such items has been expressly agreed as part of the Services.
Where placement or preparation is included within the agreed Services, Our responsibility shall be limited to the scope of those agreed works only.
4.6
You must ensure that refrigerators and freezers are empty prior to removal and that the external surfaces are suitable for safe handling and lifting. We shall not be responsible for the contents of such appliances.
4.7
You must ensure that all domestic and garden appliances, including but not limited to washing machines, dishwashers, hose pipes, and petrol powered equipment, are drained and dry prior to removal.
4.8
We strongly recommend that You seek guidance from manufacturers, retailers, or suitably qualified furniture specialists regarding the dismantling and reassembly of furniture prior to the move date.
4.9
You must provide Us with accurate and up to date contact details, including a telephone number and address, for the duration of the Services, including during transit or storage.
4.10
You are responsible for arranging appropriate transport, storage, or disposal of any Goods listed in Clause 5.
4.11
You must take all reasonable steps to ensure that no Goods intended for removal are left behind and that no Goods are removed in error.
4.12
Other than where caused by Our negligence or breach of contract, We shall not be liable for any loss, damage, cost, or additional charges arising from Your failure to comply with this Clause 4.
4.13
You must ensure that Our staff are treated with respect at all times. We reserve the right to suspend or terminate the Services immediately if Our staff are subjected to abuse, harassment, or threatening behaviour, whether verbal or otherwise. In such circumstances, all charges incurred up to the point of suspension or termination shall remain payable.
4.14
You must ensure the property has access to electricity, water, and adequate lighting at the time the end of tenancy cleaning Services are carried out. We shall not be liable for delays or incomplete cleaning where utilities are unavailable.
- Excluded Property – Goods Not Accepted for Removal or Storage
5.1
Unless expressly agreed in writing in advance by a director of the Contractor, the following items must not be submitted for removal or storage and will not, under any circumstances, be moved or stored by Us.
The items listed below may present risks to health and safety, fire, security, environmental harm, or legal compliance, and You must make Your own arrangements for their transport, storage, or disposal.
5.1.1
Potentially dangerous, hazardous, flammable, damaging, or explosive items, including but not limited to gas bottles, aerosols, paints, oils, solvents, lubricants, chemicals, fireworks, firearms, and ammunition.
5.1.2
High value or irreplaceable items including, but not limited to, jewellery, furs, watches, wines, spirits, tobacco products, precious stones or metals, cash, deeds, confidential documents, mobile telephones, laptops, portable electronic devices, stamps, coins, collections, or items of a similar nature.
5.1.3
Goods likely to encourage vermin, pests, infestation, or contamination.
5.1.4
Perishable goods or items requiring a controlled, refrigerated, or temperature regulated environment.
5.1.5
Animals, birds, fish, reptiles, insects, or exotic plants.
5.1.6
Goods requiring a special licence, permit, or government authorisation for possession, export, or import.
5.1.7
Prohibited, illegal, counterfeit, suspected stolen goods, controlled substances, or pornographic material.
5.1.8
Items containing lithium ion batteries or other high risk power cells, including but not limited to electric bicycles, scooters, power tools, toys, garden equipment, or similar devices, unless expressly declared and agreed in writing in advance.
5.1.9
Data and digital content stored on computers, servers, external hard drives, mobile devices, smart home equipment, or similar electronic devices.
5.1.10
Any materials containing or suspected to contain asbestos or other hazardous building materials.
5.2 Inspection and Disposal of Prohibited Goods
5.2.1
We reserve the right to open, inspect, refuse, isolate, or remove any Goods where reasonably necessary to ensure compliance with this Clause 5 or in the interests of health, safety, security, or legal compliance.
5.2.2
If, upon inspection, We reasonably believe that You are in breach of Clause 5.1 or that the Goods pose a risk to health, safety, security, or legal compliance, We may, without prejudice to any other rights, remove, isolate, or dispose of such Goods without compensation to You.
5.2.3
Where prohibited Goods are submitted without Our knowledge, We may make them available for collection by You. If You fail to collect such Goods within a reasonable time, We may dispose of them and recover from You any charges, expenses, losses, penalties, or legal costs reasonably incurred as a result.
- Ownership of the Goods
By entering into these Terms and Conditions, You confirm and warrant that:
6.1
The Goods submitted for removal or storage are Your own property and are free from any charge, lien, security interest, or other legal encumbrance; or
6.2
You have the full authority of the legal owner, or of any person with an interest in the Goods, to enter into these Terms and Conditions on their behalf, and You have made such persons fully aware of these Terms and Conditions prior to instructing Us, and they have agreed to be bound by them.
6.3
If, at any time from the commencement of the Services until their completion, any other person acquires or asserts an interest in the Goods, You shall notify Us immediately in writing and provide full details of such interest.
6.4
You shall fully indemnify and keep Us indemnified against any claims, demands, losses, damages, costs, expenses, or legal fees arising from any breach of this Clause 6, including where any statement made under Clauses 6.1 or 6.2 is untrue or misleading.
- Payment Terms
7.1
Unless otherwise agreed by Us in writing in advance, the following payment terms shall apply:
7.1.1
A deposit of 30 percent of the total agreed quotation or estimate is required in cleared funds upon confirmation of the booking and agreed move date. You may not withhold payment of any part of the agreed price.
7.1.2
The remaining balance of the total agreed price must be paid in full no later than the working day prior to the agreed move date.
7.1.3
Where additional Services are required, the Services take longer than estimated, additional Goods are handled, or circumstances arise of the type listed in Clauses 2 or 3 which result in increased charges, payment of such additional charges shall be due as follows:
(a) where known in advance, payment shall be due at the same time as payment of the agreed price; or
(b) where not known until the Services have commenced or concluded, payment shall be due immediately upon completion of the Services.
7.1.4
In respect of all sums overdue to Us, We reserve the right to charge interest on a daily basis at a rate of four percent per annum above the prevailing base rate of the Bank of England, from the due date until payment is received in full.
7.1.5
Payment may be made by bank transfer, cash, or credit or debit card. Where payment is made by credit or debit card, an additional processing fee may apply, the amount of which will be advised at the time of payment.
7.1.6
Any queries regarding payment, invoices, or quotations must be raised with Our office on or before the day the Services are carried out. Our removal staff are not authorised to amend quotations, agree discounts, or discuss sums due.
7.1.7
In the event that You cancel the Services or request a change to the confirmed move date which We are unable to accommodate, the deposit paid shall be non refundable.
- Cancellations and Postponements
8.1
If You cancel or postpone the agreed Services, We reserve the right to charge a cancellation or postponement fee to reflect the loss incurred by Us as a result of the cancellation or postponement.
For the purposes of this Clause, “working days” means Monday to Friday, excluding weekends and Public Holidays.
8.2
The following charges shall apply based on the amount of notice given prior to the agreed move date:
8.2.1
Where You cancel or postpone the Services more than ten working days prior to the agreed move date, We reserve the right to charge up to 25 percent of the agreed estimated or fixed price.
8.2.2
Where You cancel or postpone the Services between five and ten working days prior to the agreed move date, We reserve the right to charge up to 50 percent of the agreed estimated or fixed price.
8.2.3
Where You cancel or postpone the Services less than five working days prior to the agreed move date, We reserve the right to charge up to 75 percent of the agreed estimated or fixed price.
8.2.4
Where You cancel or postpone the Services within 24 hours, on the agreed move date itself, or at any time on that date, We reserve the right to charge up to 100 percent of the agreed estimated or fixed price.
- Our Liability for Loss or Damage
9.1 Limited Liability
9.1.1
Where We do not know the value of the Goods, Our liability for loss of or damage to the Goods caused by Our negligence or breach of contract shall be limited to a maximum of £40 per item, unless otherwise agreed by Us in writing in advance.
9.1.2
It is Your responsibility to ensure that appropriate insurance cover is in place for the Goods. We do not provide insurance unless expressly agreed in writing.
9.1.3
Where We accept liability, We may, at Our discretion, repair or replace the damaged or lost item. Where an item is repaired, We shall not be liable for any depreciation in value.
9.2 Standard Liability
9.2.1
If You wish to benefit from any available standard liability cover, it is a strict condition of these Terms and Conditions that You declare to Us in writing, in advance of the Services, the value of the Goods being removed or stored by way of a signed valued inventory. The value declared must reflect the current market value of the Goods and not a new for old replacement value.
9.2.2
Where a lost or damaged item forms part of a pair or set, Our liability shall be limited to the replacement value of the individual item only and not the value of the pair or set as a whole.
9.3 Goods Destined to or Received from Outside the United Kingdom
9.3.1
We will only accept Standard Liability for Goods destined to or received from a location outside the United Kingdom where You provide a completed and signed valuation form in advance of the Services.
9.3.2
We shall not be liable for loss of or damage to Goods confiscated, seized, removed, or damaged by Customs Authorities or other Government Agencies unless such loss or damage is caused by Our negligence or breach of contract.
9.3.3
We do not accept liability for loss of or damage to Goods occurring in certain overseas countries, including but not limited to Gambia, Iran, Iraq, Nigeria, Libya, Lebanon, Angola, Cambodia, Vietnam, North Korea, and former states of the USSR, unless such loss or damage is caused by Our negligence or breach of contract. This list is not exhaustive, and We will advise You at the time of quotation if this exclusion applies.
9.3.4
We shall accept liability for loss or damage arising from Our negligence or breach of contract only where such loss or damage occurs while the Goods are in Our physical possession, or where the loss or damage is directly attributable to Our failure to pack the Goods to a reasonable standard where We have been contracted to carry out packing.
- Damage to Premises or Property Other Than Goods
10.1
Due to the presence of the Customer, third party contractors, or other persons at the collection or delivery premises, it may not always be possible to establish responsibility for loss or damage. Our liability for damage to premises or property other than the Goods shall therefore be limited as set out below.
10.2
Where We cause loss of or damage to premises or property other than the Goods as a direct result of Our negligence or breach of contract, Our liability shall be limited to making good the damaged area only. We shall not be liable for any indirect or consequential loss arising from such damage.
10.3
We shall not be liable for any loss of or damage to premises or property where such damage occurs as a result of Us moving Goods in accordance with Your express instructions and against Our advice, where We have warned You that such movement is likely to cause damage.
10.4
As a strict condition of these Terms and Conditions, where You believe We have caused damage to premises or property other than the Goods, You must notify Us of such damage as soon as reasonably practicable and note it on the worksheet, job sheet, or delivery receipt at the time of the incident or delivery.
Failure to notify Us in accordance with this Clause shall exclude Our liability to the fullest extent permitted by law.
- Additional Exclusions of Liability
11.1
We shall not be liable for loss of or damage to the Goods caused by fire, explosion, or similar events unless such loss or damage is directly caused by Our negligence. It is Your responsibility to ensure that appropriate insurance cover is in place for such risks.
11.2
We shall not be liable for any delay or failure to perform the Services where such delay or failure arises from events beyond Our reasonable control. These events include, but are not limited to, war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion, insurrection, military or usurped power, acts of God, adverse weather conditions, third party industrial action, rescheduled transport services, port congestion, pandemics, or other similar circumstances.
11.3
Other than where caused by Our negligence or breach of contract, We shall not be liable for any loss of or damage to the Goods arising from:
11.3.1
Normal wear and tear, natural or gradual deterioration, leakage, evaporation, or perishable or unstable Goods, including Goods left within furniture or appliances.
11.3.2
Moth, vermin, infestation, mould, mildew, dampness, or contamination of any kind.
11.3.3
Cleaning, repairing, or restoring Goods unless We have expressly arranged for such work to be carried out.
11.3.4
Changes caused by atmospheric or environmental conditions, including but not limited to rusting, corrosion, tarnishing, warping, or discolouration.
11.3.5
Goods contained within wardrobes, drawers, appliances, cartons, packages, bundles, cases, or other containers that have not been both packed and unpacked by Us.
11.3.6
Electrical, electronic, or mechanical derangement of any appliance, instrument, clock, computer, or equipment, unless there is clear evidence of related external damage caused by Our negligence.
11.3.7
Goods with pre existing defects or which are inherently defective.
11.3.8
Breakage of Goods packed by You, unless the external packaging shows signs of damage caused by Our negligence.
11.3.9
Loss of or damage to china, glassware, mirrors, or other fragile items unless such items have been both professionally packed and unpacked by Us or Our subcontractors. In any event, where such items are packed by You, Our liability shall be limited to £50 or the actual value of the item, whichever is less.
11.3.10
Breakage of glass coverings on pictures, mirrors, or framed items, for which Our liability shall be limited to £10 per item.
11.3.11
Loss of or damage arising from ionising radiation or radioactive contamination.
11.3.12
Any Goods referred to in Clause 5.
11.4
No employee, agent, or subcontractor of Ours shall be personally liable to You for any loss, damage, misdelivery, error, or omission arising under these Terms and Conditions.
11.5
Our liability for the Goods shall cease upon delivery to You or Your authorised representative.
11.6
We shall not be liable for any loss or damage where:
(a) there has been no breach of these Terms and Conditions or negligence by Us, Our employees, agents, or subcontractors; and
(b) the loss or damage was not a reasonably foreseeable result of any such breach.
11.7
Where end of tenancy cleaning services are provided, We do not guarantee the return of tenancy deposits or acceptance of the cleaning by landlords, letting agents, or third parties. Cleaning outcomes may be subject to individual standards, opinions, or additional requirements beyond the scope of the Services agreed.
- Time Limits for Claims
12.1
Where You or Your authorised representative collect the Goods, You must notify Us of any loss or damage at the time the Goods are handed to You or Your authorised representative and record such loss or damage on the job sheet, worksheet, or delivery documentation.
12.2
Where We deliver the Goods, You must notify Us of any loss or damage at the time of delivery, or as soon as reasonably practicable thereafter, and record such loss or damage on the job sheet, worksheet, or delivery documentation.
12.3
In all cases, any notification of loss or damage recorded on the day must be followed by written confirmation to Us within 24 hours of collection or delivery. Written confirmation may be provided by email or letter.
12.4
Failure to notify Us in accordance with this Clause 12, including failure to provide written confirmation within the required time period, shall exclude Our liability for such claims to the fullest extent permitted by law.
12.5
For the avoidance of doubt, it is Your responsibility to inspect the Goods for loss or damage at the time of collection or delivery and to bring any issues to Our attention immediately.
- Our Right to Withhold or Dispose of Goods
13.1
We shall have a lien over the Goods and the right to withhold possession of some or all of the Goods until all sums due to Us under these Terms and Conditions have been paid in full. This includes, but is not limited to, removal charges, storage charges, additional services, and any expenses paid by Us on Your behalf.
13.2
While the Goods are withheld, You shall be liable for all reasonable storage charges, handling costs, and any other expenses incurred by Us. These Terms and Conditions shall continue to apply while the Goods remain in Our possession.
13.3
If payment of any sums due to Us remains outstanding, We may, upon giving You reasonable written notice, require You to remove the Goods from Our custody and settle all outstanding amounts.
13.4
If You fail to pay all outstanding sums within the notice period, We reserve the right to sell or otherwise dispose of some or all of the Goods without further notice. The costs of sale or disposal shall be deducted from the proceeds.
13.5
Any net proceeds remaining after deduction of outstanding charges, costs, and expenses shall be credited to Your account. Any surplus remaining thereafter shall be paid to You without interest. Where the proceeds are insufficient to discharge the sums due, We reserve the right to recover the balance from You.
- Disputes and Complaints
14.1
If a dispute or complaint arises in connection with these Terms and Conditions or the Services provided, both parties shall use reasonable endeavours to resolve the matter promptly and amicably.
14.2
Where a dispute cannot be resolved between the parties, either You or We may refer the matter to an appropriate independent dispute resolution body or Ombudsman, where applicable.
14.3
The existence of a dispute or complaint shall not relieve You of Your obligation to pay any sums due to Us in accordance with these Terms and Conditions. All invoices shall remain payable in full and within the agreed timescales, and You shall have no right of set off or withholding of payment.
- Sub Contracting
15.1
We reserve the right to sub contract any part of the Services to third parties at Our discretion.
15.2
Where any part of the Services is sub contracted, these Terms and Conditions shall continue to apply in full, and We shall remain responsible for the Services in accordance with these Terms and Conditions.
- Route and Method
16.1
We reserve the right to determine the method, means, and route by which the Services are carried out, having regard to safety, efficiency, and operational requirements.
16.2
Other than where caused by Our negligence or breach of contract, We shall not be liable for any delay in transit or delivery of the Goods.
- Inventory
17.1
Where an inventory or list of Goods is prepared by Us, including any valued inventory, it shall be deemed accurate unless You notify Us in writing of any errors or omissions no later than 48 hours prior to the agreed move date.
17.2
Where an inventory is prepared, it is Your responsibility to check the inventory for accuracy and completeness and to bring any discrepancies to Our attention within the time period stated above.
17.3
In the absence of written notification within the required time period, the inventory shall be accepted as an accurate record of the Goods submitted for removal or storage.
- Whole Agreement
18.1
These Terms and Conditions, together with Our quotation or estimate, constitute the entire agreement between You and Us in relation to the Services and supersede all prior discussions, representations, correspondence, or agreements, whether written or oral.
18.2
No variation or amendment to these Terms and Conditions shall be effective unless agreed in writing by both parties.
18.3
Any variation agreed between the parties shall apply only to the specific matter agreed and shall not invalidate or affect the remainder of these Terms and Conditions.
- Applicable Law and Jurisdiction
19.1
These Terms and Conditions, and any dispute or claim arising out of or in connection with them or the Services (including their formation), shall be governed by and construed in accordance with the laws of England and Wales.
19.2
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or the Services.
- Revision of Storage Charges
20.1
We reserve the right to review and revise Our storage charges from time to time.
20.2
Where any increase or decrease to storage charges applies, You will be given not less than one month’s written notice prior to the revised charges taking effect.
20.3
Revised storage charges shall apply from the effective date stated in the notice and shall be payable in accordance with these Terms and Conditions.
- Our Right to Sell or Dispose of Stored Goods
21.1
Where payment of any charges relating to stored Goods is in arrears, We may, upon giving You not less than one month’s written notice, require You to remove the Goods from Our custody and to settle all outstanding sums due.
21.2
If You fail to remove the Goods and pay all outstanding sums within the notice period, We reserve the right to sell or otherwise dispose of some or all of the Goods without further notice.
21.3
The costs of sale or disposal, together with any outstanding charges, storage fees, and expenses incurred by Us, shall be deducted from the proceeds of sale.
21.4
Any net proceeds remaining after such deductions shall be credited to Your account. Any surplus remaining thereafter shall be paid to You without interest. Where the proceeds are insufficient to discharge the sums due, We reserve the right to recover the balance from You.
- Termination
22.1
Where all payments due to Us are up to date, We shall not terminate this Agreement except by giving You not less than one month’s written notice.
22.2
If You wish to terminate a storage contract, You must provide Us with not less than ten working days’ written notice.
22.3
Where notice of termination is given and all outstanding sums are paid in full, We will release the Goods in accordance with the notice period. Where it is operationally possible to release the Goods earlier, We may do so at Our discretion.
22.4
Storage charges shall remain payable up to and including the date on which the notice period expires, regardless of whether the Goods are collected earlier.
22.5
Where You require delivery of stored Goods following termination of the storage contract, such delivery may be arranged by Us subject to availability and quotation, and shall be charged separately unless otherwise agreed in writing.
Personal Data
- Personal Data
23.1
You agree that email and other electronic communications may be used as a means of communication between You and Us. You acknowledge that all contracts, notices, information, and other communications provided electronically satisfy any legal requirement for such communications to be in writing.
23.2
We will collect, store, and process only the personal data necessary to provide the Services and to meet Our legal and contractual obligations.
23.3
For marketing and promotional purposes, We may use photographs or videos taken during the Services on Our website, social media platforms, or other marketing materials. We will not include images or footage that clearly identify You or any individual without prior consent.
23.4
You may request access to, correction of, or updates to the personal data We hold about You at any time.
23.5
If You have any questions regarding the handling of Your personal data or Our privacy practices, You may contact Us in writing at office@phoenixremovals.co.uk.
- International Freight Forwarding
24.1
Where the Services include packing of Goods for onward international transportation by a third party freight forwarder or carrier, Our responsibility for the Goods shall be strictly limited to the period during which the Goods remain in Our physical possession.
24.2
Once the Goods have been handed over to a third party freight forwarder, carrier, shipping line, airline, or other transport provider, responsibility for the Goods shall pass to that third party and thereafter to any subsequent carrier involved in the transportation process.
24.3
We shall not be liable for any loss of or damage to Goods occurring during international transit once the Goods have been handed to the third party freight forwarder or carrier, regardless of whether such loss or damage occurs during handling, loading, unloading, shipping, customs inspection, or onward transportation.
24.4
You are responsible for arranging any insurance cover required for international transportation of the Goods. We strongly recommend that You arrange comprehensive insurance to cover the Goods for the full duration of international transit.
24.5
We shall not be liable for any loss of or damage to Goods confiscated, seized, delayed, removed, or damaged by Customs Authorities or other Government Agencies.
24.6
Information provided by Us relating to international regulations, customs requirements, or destination country laws is given in good faith based on information available at the time. Such information may change without notice, and You remain responsible for verifying all requirements independently.
- Copyright and Intellectual Property
25.1
All content displayed on Our website and social media platforms, including but not limited to text, computer code, graphics, artwork, photographs, images, logos, audio material, video material, and audio visual material, is the property of Phoenix Clearance and Removals Ltd or its licensors and is protected by applicable copyright and intellectual property laws.
25.2
You acknowledge that We are the owner of all trademarks, service marks, branding, and associated goodwill appearing on or used in connection with the Services, unless otherwise stated.
25.3
No part of Our website, branding, or marketing materials may be copied, reproduced, modified, distributed, republished, displayed, or transmitted in any form without Our prior written consent.
