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Terms & Condititons

Have a Nice Day Terms and Conditions

By confirming a booking with Have a Nice Day you agree to our Terms & Conditions.

When using the words we, our or us it means Have a Nice Day and the words you or your means our customer/s

Quotes– Unless otherwise stated the quote is a fixed price and does not include insurance, material, storage, customs duties and inspections or any other fees whatsoever. Our quotes are either on a pence per call rate, fixed fee or at an hourly rate in the case of an hourly rate, fees are charged starting at arrival at the collection address and ending when we complete unloading, we may either increase or decrease the price if any of the following have not been taken into account when preparing our quotation and confirmed by us in writing: - Our cost change because of currency fluctuation or changes in taxation or freight and carrier chargers beyond - We have to collect or deliver goods to floors higher then those agreed at the time of booking - Additional services including moving or storing extra goods are supplied by us - Inadequate access preventing free movement of the goods with out mechanical equipment or structural alteration, or the approach, road or drive prevents our vehicle and/or containers to load and/or unload with in 20 meters of the door way meaning that we have to do extra work - Any parking fees, fines or other charges that we have to pay in order to carry out services on your behalf - There is delay in accessing the delivery property meaning we can not start unloading your goods until after 5pm on the schedule day of your move unless agreed in writing - Events outside our reasonable control causing delays. In all of the above circumstances you will pay a charge, adjusted accordingly

Work excluded from the quote:-unless agreed by us in writing and charged appropriately we will not, dismantle or assemble any flat pack furniture or fittings, disconnected or reconnected appliances, fixtures, fittings or electrical equipment, take up or lay fitted floor covering, move storage heaters (unless dismantled), move items from a loft (unless well illuminated with safe access via a staircase), move plants unless agreed in advance.

Your responsibility - it will be your own responsibility and where relevant expense to: -Declare to us valuations of all goods being removed and/or stored, insure the goods submitted for removal and/or storage against all insurable risks, obtain all paper work (licenses, permits, etc) necessary for the removal to be completed, to be present or represented through out the whole removal, take all reasonable steps to insure nothing is left behind or taken away in error, arrange protection for goods left in un-attended premises or where other people not bound by these terms and conditions will be present, prepare, pack and stabilise all electric equipment prior to removal, empty defrost completely and clean refrigerators and freezers we are not responsible for the content, provide us with a correspondence address (other than by reason of our own negligence we will not be held liable for costs that may arise from the above)

None submission of certain goods for removal or storage:-the following items are excluded from this contract, jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or goods or collections of any similar kind, items which have potential to damage, explode or are dangerous including gas bottles, aerosols, paints, firearms and ammunition, prohibited or stolen goods, controlled drugs, plants or goods which may be likely to encourage vermin, pests or cause infestation, foodstuffs or liquids, any pets or animals (including reptile, fish and birds) whether in cage tank or animal carrier, goods, which require government permission or licence for export or import, any of the above-listed goods will not be removed by us except with our prior written agreement. If these goods are removed we will not accept liability for loss or damage wholly or mainly attributable to the special nature of the goods concerned. If such goods are removed without our knowledge and prior written consent we will not be liable for any loss or damage and you will indemnify us against any charges, expense, damages or penalties claimed against us. The goods, you declare, upon signature of this contract, that: - All goods to be removed and/or stored are your own property or, you have been given the authority to make this contract by the person(s) who own or have an interest in the goods and that they have been made aware of these conditions, you will meet any claims for damages and/or costs against us if these statements are not true.

Charges if you postpone or cancel the removal:- notice given more then 14 days before the removal was due to start is Nil – for notice given less then 14 days we reserve the right to make a charge which covers our costs typically up to 50% of the removal charge.

Payment for the removal:-unless otherwise stated payment is required as cash or cheque upon delivery of goods you may not with hold any part of the agreed price unless we have breached our agreement with you in respect of all sums which are overdue we will charge interested calculated at 4% above the bass rate for the time being.

Our liability for loss or damage :-if we are liable we will pay up to a maximum sum of £40 for each item which is lost or damaged we may repair or replace an item that is damaged however if a item is repaired we will not be held liable for depreciation in value, we will not be liable for any loss, damage or failure to produce the goods if caused by the following reasons: - Fire, war, hostilities, terrorism, act of god, industrial action or other such events outside our reasonable control, normal wear and tear or deterioration, leakage or evaporation or from unstable or perishable goods, infestation by moth, vermin or any thing similar, cleaning, repairing or restoring goods unless undertaken by ourselves, goods not packed by us, including them in wardrobes, draws, or appliances, or in a package, bundle, case or other container, electrical/mechanical faults to any appliance or mechanical instrument unless there is evidence of external impact , jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins or goods or collections of any similar kind unless we have confirmed in writing that we accept responsibility and you have given us a description and value of these articles - pets or animals, plants, refridgerated frozen food/drink, data files software or digital contents of any computer or similar device.

We will in all instances use a reasonable level of care and skill in accordance with the supply of goods and services act, and consumer rights under that act are not restricted by these terms, no employee of have a nice day shall be separately liable to you for

any loss, damage, miss delivery, errors or omissions unless acting outside the scope of their employment.

Time limit for making a claim: -you agree to examine the goods within 7 days following delivery or collection and to notify us immediately in writing of any missing or damaged items.

Delays in transit, we are not liable for delays in transit other than by reason of our own negligence or a lack of reasonable care and skill on our part, if we are unable to deliver the goods from no fault of our own we will endeavour to contact you and make other arrangements.

Damage to property other than the goods, for property other than those goods submitted for removal and/or storage we will only be liable for damage where it can be proven that we have been negligent or acted without reasonable care and skill, if it is the case that we advise against moving certain goods as it will inevitably cause damage but you give us your express instruction to move said goods and damage is caused, we shall not accept that we were negligent or acted without reasonable care and skill, for property other than those goods submitted for removal and/or storage, where we are responsible for causing damage, you must note this on the worksheet or delivery receipt wherever reasonable to do so. This is essential to the contract.

Holding the goods, until all charges, including charges we have paid out on your behalf, or payments due under this or any other contract have been met, we shall have the right to withhold and/or ultimately dispose of some or all of the goods where reasonable and proportionate to do so. You will further be liable to pay all storage chargers and other costs incurred by or withholding your goods until we receive payment. These terms and conditions shall continue to apply. The additional charges referred to in this term shall apply in the event of a dispute regarding breach of contract on our part.

Sub-contracting the work, we reserve the right to sub-contract some or all of the work, in the event that we sub-contract, these terms and conditions will still apply.

Route and method, we have the right to choose the route for delivery, unless it has been specifically agreed in writing on our quotation, other space/volume/capacity on our vehicles and/or the container may be, utilised for consignments of other customer’s goods.

Advice and information, advice and information in whatever form it may be given is provided by the customer only.

Applicable law, this contract is subject to the law and jurisdiction of England.

 

 

 

 

 

 

 

 

 

WASTE REMOVAL ADDITIONAL CONDITIONS

 (a) Removal of Waste and unwanted materials and, disposal, or recovery as specified.

·  (b) Supply of any equipment, containers etc. for use by the client as part of the service as listed above.

·  (c) Processing includes the loading operations associated with the above, transport, and any other handling operation associated with the above.

 “Waste Materials” means unwanted, redundant surplus equipment, residue, packaging or other waste used by a Client or no longer required by a Client or which a Client wishes to dispose of.

Client Obligations - The client warrants and agrees that at all times the Waste Materials that the Client presents for removal is as fully detailed and does not contain any chemicals classed as dangerous and agrees that all Waste Material should be placed in the waste storage containers specifically marked and provided for them where applicable but in containers suitable for the waste where no containers have been provided. Containers will be collected from a suitable, safe access point to the premises.

The Client will comply with the Control of Pollution Act 1974, The Environmental protection (Duty of Care) Act 1990 and any other legal requirements, including the provision of documentation, required for the handling of Waste Materials.

The Client will, prior to collection, supply Have a Nice Day with any data or information which is necessary as well as identify any risks in the handling of the Waste Materials, and complete any and all documentation required by law.

The Client shall hold harmless and indemnify Have a Nice Day, its Directors, Officers and Employees in respect of any loss or damage, claims, costs, liabilities and expenses arising from any breach of the Client’s obligations under the contract or of a breach of legal requirements by the client.

Have a Nice Day Obligations – Have a Nice Day agrees at all times:

·     to carry out the services in a safe, efficient and professional manner;

·     to comply with all applicable Health and Safety Legislation, Environmental Legislation, British and European Standards, and Codes of Practice concerning the collection, transportation, treatment and recycling of the materials as listed.  

·      In the event of a suitable, safe access point from which to collect the waste not being available, then Have a Nice Day reserve the right to refuse the collection. In the event that the lack of a suitable, safe access point requires waste to be transported through the premises then Have a Nice Day shall not be liable for any damage caused by the operation of transporting the waste to a suitable, safe access point.

VEHICLE TRANSPORTATION ADDITIONAL CONDITIONS

Any damage not notified on the delivery note will not be accepted by Have a Nice Day unless we are notified in writing within 48 hours of the delivery and the damage can be inspected by us before any repairs are made, any estimates must be submitted within 7 days and we reserve the right to claim any replacement parts.

Have a Nice Day will not be held responsible for any damage caused to vehicles unless they are being loaded, unloaded or carried on our transporters and we accept no responsibility for damage caused by Acts of God or damage caused by situations beyond our control such as bird strikes, stone chips or acts of vandalism etc. Have a Nice Day will not provide replacement vehicles or compensation in respect of the above.

Although we promise to try very hard to keep to delivery times Have a Nice Day reserve the right to cancel or delay any load without any form of penalty to ourselves.

If we are unable to make a delivery or collection due to reasons beyond our control, for example vehicle not ready for transportation we reserve the right to terminate the contract and claim full payment of the agreed job price. A maximum waiting time of thirty minutes will be applied to all deliveries and collections and an additional charge of £40 per hour will be added to the job price in these circumstances.