1. In these Terms and Conditions the following words and expressions have the following meanings:
Agreement The agreement between IRL and the Client for the provision of the Services and incorporating the Scale of Charges and these Terms and Conditions
IRL Island Relocations Limited (Company Registration Number 06015470) whose registered office is at The Old Church 32 Byron Hill Road Harrow on the Hill Middlesex HA2 0HY
Client The person firm or corporation to whom the Services are provided
Fees The fees for the Services
Scale of Charges The scale of fees issued by IRL to the Client
Services The provision by IRL of the services set out in the first schedule Agreement in accordance with the instructions given by or on behalf of the Client
Working day A day when the UK clearing banks are open for business in the city of London
2. Fees
2.1 There is an initial non-refundable registration fee of £250 deductible from the total Fees which is payable when the Client returns the signed Agreement.
2.2 The Fees will be agreed with the Client and specified in clause 1 of the Agreement. Any amendments or additions to the Fees will be confirmed to the Client in writing.
2.3 The Client must pay 90% of the Fees by cleared funds at least seven working days prior to the date previously agreed in writing by IRL. For the avoidance of doubt, if cleared funds are not received by the due date, no further work will take place and the Client will be invoiced for all charges accrued to date plus an administration fee equal to 10% of the accrued charges.
2.4 On completion of the Services IRL will send the Client an invoice and the Client will be required to pay the balance of the Fees by cleared funds within seven working days from the date of the invoice. IRL reserves the right to charge interest on any sums not paid by the due date at a rate of 3% per annum above the base rate from time to time of Barclays Bank plc.
2.5 Services not included in the schedule annexed to the Agreement will be charged separately at a rate previously agreed with the Client.
3. IRL's obligations
3.1 When IRL receives the Client's signed Agreement and deposit of £250 IRL will carry out the Services
3.2 Where the services of a third party are required IRL reserves the right to select that third party unless the Client has already specified a preferred supplier (in which case the preferred third party supplier will be specified in the second schedule to the Agreement). The Client will be subject to the third party suppliers' terms and conditions for all third party services to be supplied.
3.3 IRL will pay the third parties' charges as specified in the Agreement and where the third parties' charges are not specified in the Agreement the Client will pay the third party directly.
3.4 IRL will not accept responsibility for the failure of a third party to carry out a service on a particular day although IRL will, wherever possible, engage a substitute supplier to carry out that service.
3.5 IRL reserve the right to increase the Fees if additional work is required or the matter becomes more complex. These include but are not limited to the following:
- (a) you do not accept the quotation in writing within 30 days, or the work is not carried out within 6 months from the date of the Agreement
- (b) IRL's costs change because of changes to charges beyond our control
- (c) work is carried out on a Saturday, Sunday or Bank Holiday or outside normal hours (08.00 - 17.00 hrs) at the Client's request
- (d) IRL have to pay parking or other fees or charges in order to carry out the services on the Client's behalf
- (e) there are delays or events outside of IRL's reasonable control which increase or extend the resources or time allowed to complete the agreed work.
- (f) IRL agree in writing to increase its limit of liability set out in clause 4.1 and as such IRL will accept liability for loss or damage to the Client's property:
- (i) arising from IRL's negligence or breach of contract whilst the goods are in IRL's physical possession, or
- (ii) whilst the goods are in the possession of others if the loss or damage is established to have been caused by IRL's failure to pack the goods to a reasonable standard where IRL have been contracted to pack the goods that are subject to the claim.
- (g) Because third party contractors are frequently present at the time of collection or delivery, IRL's liability for loss or damage is limited as follows:
- (i) if IRL cause loss or damage to premises or property other than goods for packing or removal as a result of IRL's negligence or breach of contract, IRL's liability shall be limited to making good the damaged area only.
- (ii) if IRL cause damage as a result of moving goods under the Client's express instruction, against IRL's advice, and where to move the goods in the manner instructed is likely to cause damage, IRL shall not be liable.
- (iii) if IRL are responsible for causing damage to the Client's premises or to property other than goods submitted for removal and/or storage, the Client must note this on the worksheet or delivery receipt as soon as possible or within a reasonable time. This is fundamental to the Agreement.
- (h) IRL is fully insured, a copy of the policy is available on request.
- (i) IRL will not supply insurance for the Client's goods and property whilst it is in transit, in storage or during a removal. The Client is strongly advised to take out goods insurance cover.
- (j) IRL not to disclose any personal information provided by the Client during the term of the Agreement in compliance with the Data Protection Act 1998. The Client is entitled to see personal information held by IRL to check for any inaccuracies.
- (k) All proceeds from the sale of the Client's goods or furniture will be held in a designated account and deducted from the Client's final account. In the event the project does not proceed to completion, the monies held in the designated account will be refunded to the Client after the deduction of IRL's charges.
3.6 IRL accepts no liability, howsoever caused, on behalf of itself or its servants agents or contractors for any losses costs damages claims or expenses arising directly or indirectly as a result of the dishonesty of any person not a party to the Agreement
4. Your Undertaking
4.1 At the same time as the Client returns the signed Agreement and pays the non-refundable deposit the Client must (if appropriate) provide IRL with a written declaration of the value of your goods being removed and/or stored. If it is subsequently established that the value of the goods removed and/or stored is greater that the actual value previously declared by the Client, the Client agrees that IRL's liability under clause 3(f) will be reduced to reflect the proportion that your declared value bears to their actual value.
4.2 The Client agrees for IRL to disclose any information provided to IRL by the Client to other parties necessary for the execution of the Agreement.
5. Term of the Agreement
The Agreement shall be valid for a period of six months from the date of signature. The period may be extended until terminated by either party giving no less than 1 months' written notice. In the event the Agreement is extended, IRL reserves the right to amend the fees payable to reflect any changes to charges beyond IRL's control.
6. Liability
6.1 IRL do not accept liability for any views forming part of any report by a third party commissioned by IRL on the Client's behalf.
6.2 The Client must satisfy itself that any detailed particulars provided by IRL are accurate as IRL cannot accept liability for any action which may result from inaccuracies not corrected by the Client.
6.3 IRL recommends that the Client takes advice from the appropriate legal or other specialist authority before entering into any binding agreement.
7. Applicable law
This contract shall be governed by English Law and the parties submit to the exclusive jurisdiction of the English Court.
