Terms & Conditions

‍PARTY

RDH Packing Limited, a Private Limited Company registered in England and Wales under company number 11465329 whose registered office is at Unit 12 Spitfire Way, Airline Industrial Estate, TW5 9NR (the "Operator")
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BACKGROUND

These Terms and Conditions form the basis of a contract between us, the Operator, and you, the Client. It sets out the rights, obligations and responsibilities of both parties under these conditions. You will be bound by these terms and conditions once the quote has been accepted.
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PROVISIONS

DEFINITIONS

In this agreement, the following words and expressions shall have the following meanings:

“Commencement Date” means the agreed date of the service to take place;

"Client" means the Company who has signed this agreement;

"Goods" means the items that are requested to be moved/stored and are the subject of this agreement. Where we are asked to deal with additional items at a later stage, these shall form part of the Goods;

"Operator" means RDH Packing Limited;
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OWNERSHIP OF GOODS

You hereby agree and confirm that you are either:

The owner of the Goods; and/or
Are duly authorised by the owner(s) of the Goods to enter into this agreement for or on behalf of the owner(s)

You shall be responsible for any losses, expenses or other costs incurred by us which are caused by:

An untrue statement made by you; and/or
The statement at clause 2.1 not being true
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INSURANCE

Unless otherwise agreed in writing, we will not arrange insurance for the Goods or any part thereof. It is the Clients’ responsibility to ensure that the Goods are adequately insured whilst subject to the services provided by the Operator. Such insurance must represent the full market value of the Goods.
If insurance is required, the Client must request this in writing to the Operator, at least 48 hours in advance, alongside an accurate value of the Goods. The Operator will confirm the insurance has been taken out in writing to the Client. Extenuating circumstances can be addressed.
When insurance is arranged by the Operator, we reserve the right to insure the Goods in our name, for your benefit, or in your name, acting as your agent. Any such insurance will be subject to the insurers’ terms and conditions.
Any insurance arranged by the Operator will be based on the description and value of Goods provided in the initial request. The Operator shall not be held liable for any costs if that information is not true.
Where the Goods, or any part thereof, are to be transported internationally, the Client must ensure that any such insurance is sufficient to meet the obligations for international transit; including those set out in clause 19.
Any insurance taken out by the Client, must note the Operator as a co-insurer.
The Client warrants that if the circumstances arise that require an insurance claim, the Client will make that claim under their relevant insurance.

GOODS THAT ARE NOT DEALT WITH

The Operator will deal with most Goods that are submitted for transit or storage. However, subject to clause 4.2, the Operator is unable to accept the following types of Goods;

Any living thing; including animals, fish, birds and plants;
Any Goods that are likely to encourage vermin, pests or cause an infestation;
Any Goods that require a Special License;
Any Goods that require Government permission to import or export, and/or any Goods which are/or include any hazardous materials;
Any food and drink, or any items that are exposed to loss or damage due to the effects of temperature or humidity;
Any drugs;
Any stolen, prohibited or illegal Goods;
Any Goods that are potentially dangerous, explosive or otherwise liable to cause damage. This includes, but is not limited to, firearms, ammunition, paints, aerosols, gas bottles and cannisters.

If you intend to submit any Goods referenced in clause 4.1, this must be declared in writing, at least 48 hours in advance. The Operator is not obliged to deal with such items and this will be confirmed in writing if it has been accepted. If the Operator, does accept these Goods, they will ensure all regulations are complied with. The Operator shall be entitled to charge extra for any Goods reference in clause 4.1.
If the Operator has not agreed, in writing, to the Goods in clause 4.1, they will not be liable for any loss, damage or deterioration that occurs due to the special nature or sensitivity of the Goods involved. If the Client submits such Goods, without informing the Operator, the Operator will not be liable for any claims against the Goods.

The operators’ responsibility

The Operator shall only move or deliver Goods into any area that is safe to do so. The decision as to whether it is safe will rest solely with the Operator.

Quotation

The quotation provided by the Operator will be a fixed price for the work presented. Clause 6.5 will denote provisions that are not considered within the quotation.
The quotation will remain open for a period of 30 days from the date on the quotation. After that period, it shall be treated as automatically withdrawn. If the Client attempts to accept this quotation after the 30-day period, the Operator is not obliged to accept, and this may affect the original quotation given.
The contract will be formed when the Operator receives written instructions to proceed with the quotation and will form a legally binding agreement between both parties. Any contract will be subject to the terms and conditions set out in this document. The Client should only accept the quotation if they agree to the terms and conditions.
If the Client wishes to make amendments to the quotation, the Operator is entitled to submit a new quotation.
The following matters or circumstance will not, unless agreed in writing, be considered or included in the quotation;

The services not commencing, other than because of our breach, within 1 month of the quotation acceptance and completed within 3 months;
The work being undertaken on a weekend or public holiday;
Collection or delivery other than to a ground or first floor of a property;
Removal, carriage, storage or other services being provided in respect of extra items that were not covered in the original quotation;
Provision of extra services
Removal, carriage, storage or other services being provided in respect of any Goods mentioned in clause 4.1;
Any costs, charges or fees that are incurred by the Operator, including parking fees and permits while completing the job;
Any properties not having proper and/or adequate access. This includes, but is not limited to, not being able to park within 20 meters of the property door, the access being unsuitable for our vehicles or the property being inadequate for the free and easy movement of Goods within the property;
Changes to our costs due to changes in currency values, taxation or freight charges which are beyond our reasonable control;
Delays occurring for reasons that are outside our reasonable control.

If the services include any of the matters set out in clause 6.5 which were not previously set out to the Operator, additional costs and expenses may be incurred.
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THE CLIENTS’ RESPONSIBILITY

The Client must be responsible for;

Being present, either yourself or a representative, throughout the collection and delivery of Goods;
Checking that all Goods are both collected and delivered;
Checking that nothing is collected and/or delivered in error;
Other than where agreed to do so in clause 4.2, all necessary regulations must be followed including permits, licenses and customs documents to be arranged for the necessary services provided;
Other than where the Operator has previously agreed, preparing the property and/or Goods for transit;
Arranging sufficient security and protection for the Goods or any part thereof that will be left in the premises unattended or to which third parties may have access to prior to collection or following delivery;

Before the commencement of the services, the Client must provide the Operator with the correct address and contact details for the day. If these details change, the Operator must be informed as soon as possible. If the Operator contacts the Client in writing, including by email to the details provided, it should be presumed that this has been received by the Client.
The Client shall be responsible for and shall indemnify the Operator on demand in respect of, any losses, expenses and/or other costs incurred by the Operator arising from the failure of compliance to clauses 7.1 and 7.2.
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POSTPONEMENT AND CANCELLATION

By agreeing to undertake the services under the agreement the Operator may incur costs and allocate resources which could result in the loss of other opportunities. If the Client cancels or postpones the service, costs may be charged to the Client depending on the time frame of cancellation.
In some circumstances, the Operator may have arranged carriage with external carriers. If a cancellation incurs charges to the Operator, then the Client will be responsible for paying these charges.
If the services are cancelled or postponed by the Client with more than 21 days’ notice before the commencement date, subject to any charges from clause 8.2, there shall be no additional charge to the Client.
If the services are cancelled or postponed by the Client with less than 21 days’ notice but more than 8 days before the commencement date, subject to any charges from clause 8.2, there shall be a 30% charge of the agreed cost of the service to the Client.
If the services are cancelled or postponed by the Client within 8 days of the commencement date, subject to any charges from clause 8.2, there shall be a 60% charge of the agreed cost of the service to the Client.

PAYMENT OF CHARGES

Unless otherwise agreed, charges are to be paid based on the following conditions;

In respect of any sums set out in the agreed cost as a deposit or as being payable in advance then the Client shall pay these sums prior to the commencement of any works or services. Unless the Operator receives payment and the funds are cleared, they have the opportunity to treat the contracted services as cancelled.
The Client shall pay any other charges or monies that become due or payable under this contract within 30 days of the date of the invoice.
The Client shall pay all storage charges one month in advance.

Other than where the Client is a consumer, all sums which are due must be paid in full without deduction or set-off for any reason and the Late Payment of Commercial Debts (Interest) Act 1998 shall apply. In all cases where the Act does not apply, interest shall accrue, and the Client shall pay it all overdue or outstanding monies at a rate of 3% above the base rate of the Bank of England.

Provision of services

The Operator will undertake all works and services within the contract with professional care and skill and take reasonable account of all the circumstances. However, the Operator reserves the right to undertake the works or services in a manner that is appropriate, including;

Sub-contracting all or part of the works and/or services;
Choosing the route the Operator thinks is most effective;
Using such vehicles, containers and methods of transport and/or storage and/or packing as the Operator believes is appropriate.

This does not affect the responsibilities under the contract to take care of the Goods and to provide the services within the appropriate timescale.

liability

Under no circumstances shall the Operator be liable to the Client, including in respect of loss of, damage to, deterioration of seizure of or confiscation of the Goods or any part of them in respect of any losses the Client may suffer other than where the Operator has been negligent.
The Operator will not be liable for the following;

Where any Goods form part of a pair or set, the Operator shall not be liable for more than the value of that particular item, without reference to any special value such item may have as a pair or set.
The Operator shall not be liable or responsible for any consequential or indirect losses to loss of profits, loss of market or diminution in value following any repair or lost property.
Under no circumstances shall the Operator be liable for any single item which has been lost, damaged, deteriorated, confiscated or seized in excess of £100.
Under no circumstances, shall the total liability under this agreement exceed the sum of £1,000.
Nothing in these conditions shall exclude or limit the Operators’ liability for death or personal injury resulting from the Operators’ negligence.
No employees of the Operator shall be separately liable for the Client for any matter which amounts to a breach of these conditions.

Delays in transit

If the collection or delivery of Goods is delayed due to the negligence of the Operator, the Operator will pay reasonable expenses that arise as a result of that delay.
Under no circumstances shall the liability of a delay exceed £100.
Other than set out in clause 12.1 and 12.2, the Operator shall not be responsible and shall not have to indemnify or compensate the Client in respect of any costs or losses arising from a delay.
If the Operator is unable to deliver the Goods, they may be taken to storage. Any such storage will be provided in accordance with these terms and conditions. Other that where the inability to deliver arises from the Operators negligence, then such storage will be at the Clients’ expense. If the inability to deliver arises from the negligence of the Operator, then the Client shall assist in arrange a new delivery within a reasonable timeframe. If such a delivery cannot be agreed, then further storage may be charged at the Client’s expense.

Damage to items or property

The Operator shall only be liable for damage to premises or property other than the Goods, where such damage arises due to the Operators’ negligence and any loss flowing directly from that negligence. The Operator shall not be liable for any such damage where it is the result of moving Goods.
Where damage to premises or property other than the Goods does occur, the Operator must be informed immediately, and the damage noted on the worksheet or delivery receipt. In the absence of such notification, the Operator will not be liable for any claim for damage made.
The Operators’ liability for damage to premises or property other than the Goods, shall at all times be subject to the limitation of liability provided in clause 11.2(d).

Notification of claims and time limits

In cases where the Operator delivers Goods, the Client must notify of any visible loss, damage or failure to produce Goods at the time of delivery. This should be noted on the worksheet or delivery receipt.
If the Operator does not deliver the Goods, then the Client must notify of any failure to produce the Goods at the agreed time of when you take possession of the Goods. This should be noted on the worksheet or delivery receipt.
Claims for partial loss of or damage to Goods must be notified in writing to the Operator, within 7 days of delivery. In case of total loss of non-delivery, the claim must be made within 7 days of the anticipated delivery date, or of when you were informed of the loss, whichever is earlier. In all cases, these time limits will apply unless an extension is requested by the Client, within the 7-day period, and such extension has been agreed in writing. The Operator will not refuse to grant such an extension of time.

Time limit for legal proceedings

The Operator shall be discharged of all and any liability whatsoever and howsoever arising in respect of any claim due to the performance or non-performance of this agreement unless suit is brought and written notice of the same is given in writing within 9 months of;

Any case of partial loss and/or damage and/or deterioration of the delivery or when the Operator informed the Client that a loss, damage or deterioration had occurred;
Any case of total loss or destruction, including cases where Goods cannot be located, the proposed date of delivery was not met or when the Operator informed the Client that the Goods could not be located;
In all other cases in which the event or occurrence alleged to give rise to the said claim.

The operators right to withhold or dispose of goods

The Operator may keep hold of all or some of the Goods until all charges have been paid to the Operator, even if the unpaid charges do not relate directly to the Goods. This shall include Goods belonging to a third party where the Client has been authorised to deal with those Goods on their behalf and where all or part of the outstanding charges relate to those Goods. Furthermore, where the Operator holds Goods pursuant to this clause, charges shall continue to accrue.
The Operator may sell all or some of the Goods (at absolute discretion) to recover any unpaid charges. This can only be done after the Operator gives 30 days written notice that this action is intended. If the Operator does sell any Goods, and the proceeds from the sale are greater than the amount that is owed, then the Operator will pay any excess amount after deducting the cost of selling the Goods.

Law and jurisdiction

this contract shall be subject to English Law and any disputes shall be subject to the exclusive jurisdiction of the English Courts.

Conditions of the storage of goods

If the Client fails to provide an address, in accordance with clause 7.2, or if the Client fails to respond to correspondence then the Operator shall be entitled to publish notices in an area from which the Goods were removed. The publication of such notice shall be accepted as valid communication.
The Operator will provide an inventory of the Goods taken into store and this must be reviewed by the Client. The Client shall inform the Operator as soon as possible of any inaccuracies. It shall be assumed that if no inaccuracies are noted within 7 days that the Client agrees with the contents of the inventory.
The Operator reserves the right to review storage charges periodically. The Operator will inform the Client of any changes by giving written notice not less than 2 months before the change in rates.
The Operator reserves the right to terminate the storage contract by giving the Client not less than 1 month written notice. If the Goods have not been collected or delivered within that time, the Goods will be held at the risk of the Client and the Operator shall have no liability of the Goods held.
If the Client wishes to terminate the storage contract, at least 6 months written notice must be given.
Storage charges will be payable up to the end of the notice period or the date on which the Goods were removed, whichever is later. All charges must be paid before the Goods can be released. Once the charges are paid, the Operator will endeavor to release the Goods at a time that is convenient to the Client. If the Goods are not removed by the agreed date, the charges will therefore increase by 50%.
If the Client would like to have the Goods delivered, then the Operator reserves the right to charge for delivery.

International transits

Where the Operator engages an international transport operation, shipping company or airline to convey the Goods, the Operator does so on behalf of the Client and as the agreed agent. As such, the contract with that carrier shall be between the Client and the carrier, and the carrier’s terms and conditions will apply. If the Operator arranges payment of such international transport on behalf of the Client, then any different between what is paid to them and what is charged to the Client shall be the Operators’ charges for arranging such services. If the Operator is found to have contracted for such services as a principal rather than as an agent, the such services will be provided subject to the following terms and conditions;

The carrier referred to in clause 19.1 may restrict its liability by reference to contractual terms and conditions and international conventions. These may severely restrict the potential liability that the carrier has to you;
The Client may become liable for General Average contribution (the costs incurred to preserve the carrying vessel and cargo), salvage costs and costs of forward transmission;
The Operator will accept liability for loss or damage to Goods only where the Operator has been negligent and either it occurs whilst in the possession or where the loss or damage has been caused by poor packing, and the Operator had agreed to pack the Goods. For the avoidance of any doubt, Goods will be deemed to remain in the possession of the Operator when the carrying vehicle is being carried on a ferry whether the vehicles’ crew are actually in the vehicle or not. If the loss or damage occurs whilst the Goods are in possession of another party, the Operator will not be liable, and the Client will have to pursue any claim against that party;
The Client is strongly recommended to arrange adequate marine/transit insurance to cover the Goods. This the sole responsibility of the Client and the Operator will in no way accept any liability if this is not arranged;
The Operator will not accept liability for any Goods confiscated, seized or removed by Customs Authorities or similar bodies and Government Agencies other than in circumstances where such confiscation, seizure or removal occurs due to the Operators’ negligence.

General

The provisions contained in this contract are considered fair and reasonable by the parties but if any provision shall be found to be unenforceable but would be valid if any part of it were deleted or modified, the provision shall apply with such modifications as may be necessary to make it valid and effective. Insofar as any provision in these terms is contrary to an obligation under any law or International Convention (such as but not limited to the CMR Convention or the Hague –Visby Rules) then these terms shall be set aside only to the extent that is necessary to comply with the said obligation and the balance of these terms and conditions shall continue to apply.

Terms & Conditions

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