EPENNY PLATFORM CUSTOMER TERMS

PLEASE READ THESE TERMS AND CONDITIONS (the “Customer Terms”) CAREFULLY BEFORE USING THE EPENNY PLATFORM. THESE CUSTOMER TERMS SHALL APPLY BETWEEN THE CUSTOMER AND EPENNY (BUT NOT DRIVERS).

1. DEFINITIONS USED IN THESE CUSTOMER TERMS

Throughout these Terms we will use various defined terms. We have set out below what each of these terms means for ease of reference:

2. WHAT DO WE DO AND HOW DO THESE CUSTOMER TERMS APPLY TO YOU?
   1. We provide the Platform with reasonable care and skill and in accordance with the description of the Platform on Our website at www.epenny.uk.
   2. We will provide the EPENNY Service. EPENNY does not provide the services of Sole traders or Limited Companies listed on the EPENNY platform. EPENNY only provides the services of the Driver if EPENNY LOGISTICS is specifically booked on the platform. Driver services undertaken by Us are subject to separate terms and conditions.
       
3. HOW TO CONTACT US

We can be contacted at the following email address: [email protected]

4. ABOUT THESE TERMS AND IMPORTANT INFORMATION
   1. When You book the Job via the Platform You are deemed to have accepted these Customer Terms and Our Privacy Policy available at: https://www.epenny.uk/disclaimer/.
   2. These Customer Terms are applicable to the use of the Platform by You if You are acting in Your personal capacity only.  
   3. If You are acting on behalf of a business and/or are using the Platform as a Business User, use of Our Platform is subject to the same User terms and conditions.
   4. When You place a booking for a Job using the Platform You agree that:
      1. We are not a transport provider for Sole Traders and Limited Companies listed on the EPENNY platform and we do not provide the Driver or the Driver Delivery Service for them.
      2. We only provide the Driver or the Driver Delivery Service when You choose EPENNY LOGISTICS as your service provider and when you book EPENNY LOGISTICS directly on the Platform.
      3. We provide the Platform that facilitates Your booking and management of the Driver Delivery Service.
      4. We can collect payment for the Price of the Job from Your Payment Card when You book Your Job via the EPENNY Platform.
      5. The Driver Delivery Services are provided to You by a Driver, under the Driver Terms which are in place between You and the Driver or You and Us depending on the service provider you choose to book on the platform. We are not a party to the Sole Trader and Limited Company Driver Terms.
      6. Sometimes We may need to cancel a Job booking. We will only do so in accordance with these Customer Terms.
      7. If You cancel a Job booking We can charge you a Cancellation Fee in accordance with clause 9.
          
5. THE EPENNY PLATFORM
   1. When You make enquiries to book a Job using the EPENNY Platform You will:
      1. be able to choose the collection and delivery location of the Item(s);
      2. be able to choose the collection time for the Item(s);
      3. be able to choose a delivery day for the Item(s);
      4. be provided with a choice of Drivers that may be able to complete Your Job and the Price they offer to complete Your Job;
      5. select Your preferred Driver and book the Job via the EPENNY Platform.
   2. If the Driver You have chosen is unavailable or unable to complete Your Job once You have placed the booking We will do Our best to Allocate a new Driver to You at the same Price that was offered by the original Driver.
   3. When using the EPENNY Platform, You will enter into a contract with Us only if you choose and book EPENNY LOGISTICS as your Service Provider.
   4. If you book a Sole Trader or a Limited Company using the EPENNY Platform you will enter into a contact with Driver on the Driver Terms in Appendix 1 which will come into effect when the Driver accepts Your Job booking via the EPENNY Platform.
   5. When You use the EPENNY Platform, if You cannot find a Driver to complete Your Job when You use the search function, You will be given the opportunity to place Your Job into an auction section of the EPENNY Platform. This section of the EPENNY Platform allows Drivers to contact You and offer You prices for the Job based on their availability. It might be that a Driver suddenly has last minute availability and is able to offer to complete the Job. If Your Job is part of this auction section of the EPENNY Platform, clauses 5.1 to 5.4 of these Customer Terms will still apply to Your booking.

6. YOUR JOB
   1. Acceptance of the Job via the Platform and the Price offered to You is based on the information You provide through the Platform during the booking process. You must make sure that all the information You provide on Our Platform is accurate.
   2. If the information You provide via the Platform is not accurate:
      1. We may need to cancel the Job;
      2. The Price may not be accurate and We may need to increase it;
      3. The Driver may be unable to complete the Job.
   3. Once You have made a booking for a Job, if You require any other Items to be moved from or to other locations, You must make a separate booking on the Platform. 
7. YOUR USE OF OUR PLATFORM
   1. The services that We provide to You are limited to providing the EPENNY Platform which enable Jobs to be booked by You in accordance with these Customer Terms. 
   2. We cannot guarantee that the Platform will run error free or without interruption. From time to time We will undertake planned and reactive maintenance to the EPENNY Platform which may limit Your ability to access them.
   3. We collect and process all personal information about You in accordance with Our Privacy Notice available at: https://www.epenny.uk/disclaimer/. 
   4. You, Us and the Driver can monitor and manage Job bookings via the Platform. This means that You are able to make some changes to and cancel a Job using Our Platform.
       
8. YOUR RESPONSIBILITIES
   1. To use Our services and the EPENNY Platform, You must:
      1. comply with these Customer Terms;
      2. be at least 18 years old;
      3. provide Us with Your valid, current (up to and including the date of the Job) email address and telephone number;
      4. keep Your payment information up to date and to provide Us with valid payment details at the time Your Job is booked and at all times until the Job is completed;
      5. provide accurate information to Us when You book Your Job;
      6. ensure You have access to Our Platform at all times when using Our services;
      7. provide anyone whose personal information You supply to us (for example if a friend or family member is meeting the Driver for Your Job) with a copy of these Consumer Terms and Our Privacy Notice;
      8. be at the collection address set out in Your Job request with the Item(s) ready to be loaded onto the Driver’s vehicle at least 15 minutes before the time the Driver is scheduled to arrive;
      9. arrange access for the Driver at the pickup and drop off locations set out in Your Job;
      10. arrange for all parking permissions at the pickup and drop off locations set out in Your Job, including paying any fees required for parking the Driver’s vehicle so Your Job can be completed without the Driver being given a parking fine;
      11. if applicable, if You book a Driver to move goods to a municipal waste centre, confirm with that municipal waste facility whether the Driver requires any permit to gain access and complete Your Job. This may include informing the local authority of the size of the vehicle being used and the nature of the Items being disposed of. If any such permit is required You must obtain it at Your own expense;
      12. read and comply with Appendix 3 “Good Moves”; and
      13. behave and ensure that any other person connected with You behaves in a way that is not abusive or threatening towards the Driver.
   2. We reserve the right to immediately suspend Your access to Our Platform if we suspect the information You have provided is false or misleading or if You have breached these Customer Terms or the Driver Terms.
   3. We reserve the right to cancel Your Job in accordance with clause 12.
       
9. HOW YOU CAN MAKE CHANGES TO YOUR BOOKING
   1. If You need to make changes to Your Job booking, then You can do this up to 17:00 hours on the day before the Job is scheduled to start by replying to the confirmation email We sent You. 
   2. If You cannot make the changes through the link then contact Us by email at [email protected]. We will always try to accommodate any changes You require to Your booked Job, for example from a one Driver Job to a two Driver Job, but this may mean:
      1. We have to book a new Job in addition to the original Job booking (which will involve Us providing You with an additional Price); 
      2. We need to reschedule Your Job;
      3. We charge You a Cancellation Fee; and/or 
      4. We increase/decrease Your existing Job’s Price. 
   3. We will confirm the details of any changes set out in clause 9.3 with You and get Your agreement to any changes at the time the Job booking is changed.
       
10. THE PRICE AND PAYMENT
    1. The Price includes:
       1. fees for Your use of the Platform (the Customer Platform Fee);
       2. the fees to be paid to the Driver for carrying out the Job; and 
       3. Extra Fees if applicable (examples of which are set out in Appendix 2 to these Terms). 
    2. The Price may change if You make any changes to the Job. 
    3. The Price will also include VAT where applicable.
    4. You must make payment of the Price when you book the Job otherwise the Job will not go ahead and Your booking will be void.
    5. There may be Extra Fees payable for the Job which We are unable to specify to You in advance of the Job being completed by the Driver. Examples of this may include a parking charge or road toll that the Driver incurred but was not anticipated when the Job was accepted on the Platform. We will always endeavour to inform You of Extra Fees in advance, but this may not always be possible.
    6. If You do not pay the Price or any other fees that We reasonably charge for Our services (including any Extra Fees) then We may commence collections proceedings, which may mean We ask a third party debt collection agency to recover Our fees. Any recovery action against You may incur extra fees charged by Our collection agent.
    7. If the Job is not completed, We will only charge You the Price:
       1. if the Job was not completed due to an act or omission by You; and/or
       2. if You failed to comply with these Terms; 
       3. if You failed to comply with the Driver Terms; and/or
       4. in accordance with clause 10 or 11.
    8. If You do not provide accurate information to Us when You make Your booking the Price offered by the Driver may not be accurate and the Driver may charge You more for the Job on the day they complete the Job for You. Reasons for this might include the Job taking longer than You told the Driver it would. In such circumstances the Driver will be entitled to charge You an overtime fee on the day of the Job which You will need to pay to the Driver on the day.
        
11. WHEN YOU MAY CANCEL A JOB
    1. Certain consumer laws provide consumers with rights to cancel contracts they enter into either online or via the telephone within fourteen days of entering into that contract.  This is called the 14 day cooling off period  
    2. You enter into a contract with Us on these Customer Terms immediately upon booking a Job.
    3. When You book Your Job, EPENNY will begin providing services to You immediately by Allocating a Driver to Your Job. This means that EPENNY has undertaken work for You during the 14 day cooling off period. This means that You lose Your right to cancel this contract without charge immediately upon entering into the contract.  Your agreement to these Customer Terms confirms that You waive Your right to the 14 day cooling off period.
    4. We manage the booking of the Job for You with the Driver.  The Driver’s services do not commence until the day of your Job booking.
    5. You can cancel Your booking but You might have to pay a Cancellation Fee.
    6. Cancellation Fees are as set out below:

7. Your agreement to these Consumer Terms confirms Your agreement to the Cancellation Fees.

12. WHEN WE AND/OR THE DRIVER MAY CANCEL A JOB
    1. We may cancel Your booking if Our Platform is unable to match Your Job to a prospective Driver before the Job is due to start. In these circumstances, we will:
       1. Inform You by email as soon as possible; and
       2. Release any pre-authorised funds which have been secured for the Price of the Job via Your Payment Card.
    2. If no Drivers can carry out Your Job the Platform may be unable to accept a booking for Your required Job. In this circumstance, no payment will be taken from You for the Price. 
    3. We may cancel Your Job if You make changes to the Job after the Job has been booked and We are unable to match Your Job to a Driver that can fulfil Your new requirements. In this circumstance You will be charged the Cancellation Fees in accordance with clause 9.
    4. If You provide information that is not true and/or accurate the Driver may:
       1. not be able to find You;
       2. arrive at the wrong time; 
       3. not have been able to price the Job correctly; or
       4. not have the right sized vehicle or equipment to complete your Job. 
    5. A Driver has the right to refuse to complete a Job if:
       1. You ask the Driver to change the delivery location or make a delivery to multiple locations not specified in the Job. Any stops during the move must be booked in advance via the booking platform;
       2. You ask the Driver to collect Items from a collection location that You have not been given access to e.g. there is a gate code or key and You have not been given it;
       3. You ask to require a Driver to park Your vehicle without paying for parking and You have not provided the Driver with a parking permit;
       4. You ask or require a Driver to park too far away from a collection or delivery location and the Driver cannot move Items safely; 
       5. You are not ready at the collection location when the Driver arrives; or
       6. You make threats against the Driver including the threat to give a Negative CSAT Review or other negative feedback if the Driver refuses to provide a service not specified in the Job.
    6. In each circumstance set out in clauses 12.4 and 12.5 We will charge You up to 100% of the Price and You will need to book a new Job.
    7. There may be other instances when We will charge you the full Price if the Driver is justified in refusing to complete the Job due to something You have done or have not done.
    8. If a Driver is charged a parking penalty to complete Your Job this will be charged to You in addition to the Price. Drivers do not carry cash to pay for parking meters or similar. 
    9. If a Driver is not able to complete Your Job because You have not made the necessary arrangements at the delivery location then the Driver will return Your Items to the collection location and You will be charged 100% of the Price.
    10. Appendix 3 to these Customer Terms sets out details of how to pack certain Items and what to do if You are unsure. You should read this in full before the day of the Job to avoid a Driver being unable to complete the Job and You being charged a Cancellation Fee.
    11. If We become aware of any abusive or unreasonable behaviour by You or anyone connected to You towards a Driver or Our staff, then We reserve the right to terminate Your Job with immediate effect, suspend Your access to Our Platform and charge You 100% of the Price.
         
13. DRIVER DELIVERY SERVICES
    1. We are not involved in carrying out any collection or delivery services for Sole Traders and Limited Companies listed on the EPENNY Platform.
    2. We only provide the transport or delivery services when You choose and book EPENNY LOGISTICS as the service provider on the EPENNY platform.
    3. When you select and book EPENNY LOGISTICS as your service provider, our service provider terms and conditions apply which are separate from these terms and conditions.
    4. Sole Trader Drivers and Limited Company Drivers are not Our employees and We are not responsible for the Driver Delivery Services they provide, nor for any loss or damage they cause.
    5. Once You have booked a Job and a Driver has been Allocated to Your booking, We will continue to provide You with access to the EPENNY Platform in order to monitor and manage Your booking.
    6. Whilst the price of the Job is negotiated through the booking process on Our Platform, You and the Sole Trader Driver or You and the Limited Company Driver will be parties to a separate contract in relation to the Driver Delivery Service known as the Driver Terms.  If you book EPENNY LOGISTICS as your service provider you will be subject to our EPENNY LOGISTICS service provider terms.  
    7. We will not be a party to the Driver Terms.
    8. The Driver Terms will be entered into between You and the Driver in accordance to clause5 where  You are using the EPENNY Platform.  
    9. If You use Our Platform for multiple Jobs You may enter into several contracts with different Drivers on the Drivers Terms. The Driver Terms may be updated from time to time so You should ensure You are familiar with the latest version when You book Your Job which will be made available in Appendix 1.
    10. Each Driver is solely responsible for carrying out Your Job. The Driver who carries out Your Job may also be providing similar services for other EPENNY customers and cannot guarantee that they will take a particular route between the collection and delivery locations.
    11. If Your Items are lost or damaged during transit You may contact Us after the Job has completed so that We may investigate in accordance with Our Dispute Resolution Policy available in Appendix 4. 
    12. We recommend that You take photos of the Items before transit so that any damage can be evidenced after the event.
    13. We are not liable for the actions of a Sole Trader Driver or a Limited Company Driver or any loss or damage caused to Your Items by a Sole Trader Driver or a Limited Company Driver, but We may assist with resolving any dispute between You and the Sole Trader Driver or the Limited Company Driver. Our assistance will in no circumstances constitute an acceptance of liability by Us for the actions of a Sole Trader Driver or a Limited Company Driver or any lost or damaged Items.
         
14. COMPLAINTS
    1. If a service provided by Us is not carried out with reasonable care and skill, You can ask Us to repeat the service or to fix it, or you may request a full or partial refund if We cannot fix it.
    2. This is a summary of some of Your key rights. They are in addition to Your cancellation rights set out in clause 11 above. For more detailed information on Your rights, visit the Citizens Advice website at www.citizensadvice.org.uk or call 0808 223 1133.
    3. If You believe that Our Platform is faulty or misdescribed, please contact Us as soon as reasonably possible.
    4. If You have a complaint about Our Platform and/or the service that We provide, We will do Our best to help You resolve it. 
    5. You can contact Us by email at: [email protected] 
    6. We will only agree to assist with a complaint or dispute between You and a Driver made after Your Job is completed and in accordance with Our Dispute Resolution Policy [Appendix 4].
        
15. OTHER IMPORTANT TERMS
    1. Our Platform is designed for use in the United Kingdom for personal or business customers, and access to Our Platform by You from any other jurisdiction other than the UK is entirely at Your own risk.
    2. We take no responsibility for any third party links which may appear on Our Platform or Our websites. Such links may appear for Your information only and We have no control over the content of such third party sites.
    3. EPENNY is the owner and/or licensee of all intellectual property rights in the EPENNY Platform. You shall obtain no rights in respect of that intellectual property when You use Our Platform. You must not use any material contained on Our Platform for Your own commercial purposes.
    4. If You telephone Us, We may record the call for training purposes and We may use any such recording in the event of dispute between You and Us or if We need to help resolve a dispute between You and the Driver in accordance with Our Dispute Resolution Policy.
    5. Nothing in these Customer Terms creates or shall be deemed to create a joint venture, partnership or agency relationship between You and Us.
    6. You are not allowed to transfer Your rights or obligations under these Customer Terms to anyone without Our prior written consent. We may transfer Our rights and obligations under these Customer Terms to another business without Your consent, but We will notify You of the transfer and make sure that Your rights are not adversely affected as a result.
    7. If any provision of these Customer Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these Customer Terms will not be affected. 
    8. If You breach these Customer Terms and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Customer Terms.
    9. These Customer Terms represent the entire agreement between Us and You and replace any terms and conditions of purchase or supply that You have been provided with previously.
    10. These Customer Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.
         
16. OUR LIABILITY TO YOU
    1. We are only responsible to You for the Platform when you book a Sole Trader Driver or a Limited Company Driver.
    2. We are responsible for the service booked only if you select and book EPENNY LOGISTICS as your service provider on the platform.
    3. We collect fees from You (included in the Price) for the Driver but We are not responsible for:
       1. the actions of the Driver during the completion of Your Job, 
       2. any delay in performing the Job, or 
       3. any damage or loss of the Items.
    4. Nothing in these Customer Terms shall limit or exclude Our liability to You for matters where it would be unlawful to do so. This includes death or personal injury caused by Our negligence or fraudulent misrepresentation or any other liability that may not, under English law, be limited or excluded.
    5. If We fail to comply with these Customer Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breach of these Customer Terms.
    6. We are not liable for business losses under these Customer Terms and these Customer Terms are only applicable where You are seeking a Driver for domestic and private transportation.
    7. Although We are not responsible for the completion of Your Job by a Sole Trader Driver or a Limited Company Driver and/or any services provided to You by a Sole Trader Driver or a Limited Company Driver and or for a breach of contract by the Sole Trader Driver or Limited Company Driver, as a gesture of goodwill We will always try to help. If something goes wrong with Your Job, then We will try to resolve the problem in line with Our Dispute Resolution Policy. You can contact Us via email at [email protected].
        
17. WHICH COUNTRY’S LAWS APPLY?

These Customer Terms are governed by English law and the courts of England have exclusive jurisdiction over any disputes under these Customer Terms.

18. YOUR FEEDBACK
    1. For each Job You can rate Your Driver by leaving feedback using Our Platform or a link that We send You.  We might also call you.
    2. The best way to handle any dissatisfaction with Us or Our Platform is to contact Us in the first instance, prior to leaving negative feedback on Our website or any third party website, as We will always attempt to resolve the matter with You directly and welcome the opportunity to put things right.                                                                 
    3. Feedback is important to Us and all the Drivers who provide Driver Delivery Services. Feedback helps improve the service offered but only works if it is honest and given in good faith. If We determine that You asked a Driver to do something not listed in Your Job booking (e.g. move a few extra Items); or You threatened a Driver with negative feedback to get a service not listed in Your Job booking (e.g. to move something to a different drop off address) We will: (i) terminate Your Platform account; (ii) remove the feedback; and/or (iii) in the case of a third-party review website, request the feedback be removed from their service.

Appendix 1 – Driver Terms

DRIVER TO CUSTOMER TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS (the “Driver Terms”) CAREFULLY BEFORE BOOKING OR ACCEPTING A JOB VIA THE EPENNY PLATFORM. THESE DRIVER TERMS AND CONDITIONS SHALL APPLY BETWEEN CUSTOMER AND SOLE TRADER DRIVERS AND LIMITED COMPANY DRIVERS (BUT NOT EPENNY).

1. DEFINITIONS USED IN THESE DRIVER TERMS AND CONDITIONS

Throughout these Driver Terms and Conditions various defined terms are used.  These defined terms are set out below for ease of reference:

2. THE PARTIES AND THE CONTRACT

1. Customers can use the Platforms to book Jobs. If a Driver wants to accept a Job (which is at the Driver’s sole discretion), they will do so via the Platform. 
2. The identity of the Driver who will perform the Job will be provided to the Customer via the EPENNY Platform when the Customer selects the Driver that it wishes to complete the Job and this contract will come into effect between the Customer and the Driver when the Customer books the Job.
3. The contract between the Customer and the Driver will include the terms set out in these Driver Terms.
4. Customer can contact the Driver through the Platform that the Customer has used to book the Driver. 
5. If the Driver has to contact the Customer, the Driver will do so by telephone or via the relevant Platform.
6. THE JOB

1. Subject to these Driver Terms and Conditions, the Driver will collect and deliver the Items as requested by the Customer via the EPENNY Platform. 
2. Once the Driver has started the Job, the Driver may reject any request by the Customer to amend the Job.
3. The Driver will provide the Driver Delivery Service to the Customer with reasonable skill and care and in accordance with the booking for the Job that has been made via the relevant Platform.
4. The Driver may also be carrying out similar services for other customers and so cannot guarantee that they will take a particular route between the collection and delivery locations specified for a Job. 
5. If the Driver is not able to collect or deliver a Job’s items by the time set out on the EPENNY Platform, the Driver will notify the Customer of the revised collection or delivery time as soon as possible.
6. Drivers do not perform Jobs outside the United Kingdom.
7. The Customer must:
   1. be at the collection address set out in the Job request with the items ready to be loaded onto the Driver’s vehicle at least 15 minutes before the time the Driver is scheduled to arrive;
   2. arrange access for the Driver at the collection and delivery locations set out in the Job;
   3. arrange for all parking permissions at the collection and delivery locations set out in the Job, including paying any fees required for parking the Driver’s vehicle so the Job can be completed without the Driver being given a parking fine. The Driver may refuse to complete the Job if they are required to park at risk of receiving a parking fine or, in the Driver’s reasonable opinion, an unsafe distance away from the collection address;
   4. if it has booked a Driver to move goods to a municipal waste centre, confirm with that municipal waste facility whether the Driver requires any permit to gain access and complete the Job. This may include informing the local authority of the size of the van being used and the nature of the items being disposed of. If any such permit is required the Customer must obtain it at its own expense;
   5. read and comply with “Good Moves” which is available at Appendix 3 of the Customer Terms; and
   6. behave and ensure that any other person connected with you behaves in a way that is not abusive or threatening towards the Driver;
   7. not seek to use a Driver to transport any illegal Item(s).
       
8. COLLECTION

1. The Customer must package the Items in accordance with the Good Moves advice provided by EPENNY as set out in Appendix 3 of the Customer Terms. The packaging must also be sufficient to hold the Item’s weight. All Items must be able to withstand a short drop, unless clearly marked as fragile.
2. It is the Customer’s responsibility to ensure that all the details are correctly completed and displayed on the Item(s), which should match the details provided via the relevant Platform. It is not the Driver’s responsibility to check this information.
3. The Driver will assume that Item(s) have been correctly packaged and will exercise an appropriate level of skill and care based on this assumption. Any claim resulting from Item(s) which has not been packaged to a reasonable standard and in line with the above requirements may be declined.
4. Customers must ensure the correct Item(s) is given to the Driver and the Customer may be required to load the Item(s) into the Driver’s vehicle depending on the service which has been purchased by the Customer.
5. The Driver has the right to refuse to collect Item(s) in circumstances where it is reasonable to do so. This includes but is not limited to the Item(s) not being packaged, the packaging being insufficient, or the Item(s) not complying with the information provided by the Customer via the EPENNY Platform. In such circumstances the Customer may be charged in full in accordance with the Customer Terms.
6. The Driver will be able to identify themselves to the Customer when they arrive to collect the Item(s) as they will have the details of the Job on their device. The Driver accepts no liability for loss of or damage to Item(s) as a result of Item(s) being given to anyone other than the Driver.
7. If the Driver is unable to collect the Item(s) within the Customer’s chosen timeslot by reason of the Customer’s act or omission, then the Customer may be charged in full in accordance with the Customer Terms. Any redelivery of the Item(s) will require a new Job, for which the Customer will be charged in full.
8. If the Driver does not collect the Item(s) within the Customer’s chosen timeslot, other than by reason of the Customer’s act or omission, the Customer must EPENNY within 2 hours of the anticipated collection time. In the event that the Driver is unable to collect, the Customer will not be charged (or if already paid, receive a refund). 

DELIVERY

1. The Driver will endeavour to notify the Customer by email, text and/or phone call if there are any issues with delivery.
2. The Driver will call/ email/ text the Customer if the method of delivery is not possible when they arrive at the delivery location. After making reasonable attempts to deliver, the Driver shall return any unsuccessfully delivered Item(s) to the collection location. As this requires the Driver to travel twice the distance, no refund will be given.
3. The Driver shall ensure that the receiver signs for the Item(s) upon delivery, indicating whether the Item is undamaged, damaged or unchecked. This will be logged by the Driver.
4. Where the Customer requests delivery where no person will be able to sign for the Item(s) (such as leaving the Item(s) at an unmanned address) and the Driver accepts this request, the Driver shall not be liable for any claims that the Driver was not delivered where the Driver has confirmed in real time that the Item was delivered.
5. CUSTOMER CHANGES TO THE BOOKING
   1. The Customer may make changes to the Job booking up to 17:00 hours on the day before the Job is scheduled to start by replying to the booking confirmation email EPENNY sent to the Customer. 
   2. If the Customer cannot make the changes through email then the Customer should use the online chat available via the relevant Platform.
   3. EPENNY will try to make the requested changes as set out in the Customer Terms and the Customer should refer to the Customer terms for the consequences of any change requests that the Customer may make.
6. WHEN A CUSTOMER MAY CANCEL A JOB
7. The Customer may cancel a Job in accordance with the Customer Terms, however the Cancellation Fees (as set out in the Customer Terms) may be payable.
8. COMPLAINTS

The parties should comply with the Dispute Resolution Policy as set out at Appendix 4 to these Terms.

7. CHARGES AND PAYMENT

1. Payment for Jobs will be paid by the Customer and collected by EPENNY via the relevant Platform in accordance with the Customer Terms and will be remitted to the Driver in accordance with the Driver Terms.
2. If the Customer is using the EPENNY Platform no payment will be made directly by or on behalf of the Customer to the Driver nor shall any payment be accepted by or on behalf of the Driver from the Customer.
3. THE DRIVER’S RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY THE CUSTOMER

1. In the event of loss or damage to the Customer’s items, both the Customer and the Driver shall comply with clause 6.
2. The Driver shall be liable to the Customer for direct loss up to a maximum of the equivalent of the charges paid in relation to the relevant Job.
3. The Driver shall not be liable for losses that result directly or indirectly from or in connection with any of the following, regardless of any other contributory cause or event:

1. war, invasion, act of foreign enemy, hostilities or a warlike operation or operations (whether war be declared or not), civil war, rebellion, revolution, riot, insurrection, civil commotion assuming the proportions of or amounting to an uprising, military or usurped power;
2. terrorism, which is defined as any act or acts including but not limited to the use or threat of force or violence or harm or damage to life or property (or the threat of such harm or damage) including but not limited to harm or damage by nuclear, chemical, biological or radioactive means, caused or occasioned by any person or group of persons, or so claimed, in whole or in part for political, religious, ideological or similar purposes; or
3. any action taken in controlling, preventing, suppressing or in any way relating to (a) or (b) above.
4. Nothing in these terms shall limit or exclude the Driver’s liability for death or personal injury caused by their negligence or the negligence of their employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for any other loss which cannot be limited or excluded by law.

12. WHICH COUNTRY’S LAWS APPLY?
    1. These Terms are governed by English law and the courts of England have exclusive jurisdiction over any disputes under these Terms.
13. OTHER IMPORTANT TERMS
    1. The Platform is designed for use in the United Kingdom for personal or business customers, and access to our Platform by you from any other jurisdiction other than the UK is entirely at your own risk.
    2. Nothing in these Terms creates or shall be deemed to create a joint venture, partnership or agency relationship between the Customer, the Driver and/or EPENNY.
    3. Neither the Customer or the Driver are allowed to transfer your rights or obligations under these terms to anyone.
    4. If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of these terms will not be affected. 
    5. If either party breaches these terms and the non-breaching party takes no action, the non-breaching party will still be entitled to use its rights and remedies in any other situation where there is a further breach of these terms.
    6. These Driver Terms represents the entire agreement between the Customer and the Driver and replace any terms and conditions of purchase or supply that you have been provided with previously.
    7. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.

Appendix 2 – Examples of Extra Fees

We have set out below examples of where Extra Fees may be added to the Price. Some of these fees will be added automatically to Your total bill and set out in the receipt We send You. Other fees must be paid by You on the day of (and in good time for) Your Job.

Appendix 3 – GOOD MOVES

1. Packing Your Items

• You must use Your best efforts to pack Item(s) relevant to the Job You have booked so that it or each can be transported safely without damage to the Item(s) or injury to the person moving the Item(s). It is Your responsibility to pack everything before the date of Your Job.
• If You are not sure how to pack something correctly then You can find video guides on the internet as well as articles to help You or ask Us using the Chat function on our website at www.epenny.uk

2.  Be prepared

• You should be at the address for Your Job with Your Item(s) ready to go at the time agreed for Your Job. If You are not, Your Driver may cancel Your Job. You will still be charged by Us 100% of the Price.
• If a Driver arrives and Your Item(s) is or are not ready to be loaded onto the Driver’s vehicle the Driver may wait for up to 20 minutes (but does not have to) but after that will leave without Your Item(s) and You will be charged 100% of Your Moving Fee. Your Job may be one of several the Driver is completing that day and so the Driver cannot always wait for Your Item(s) to be prepared for move.
• We recommend that You take a photo of each Item included in Your Job before it is moved so that You can easily show Us if an Item was damaged in transit.

3. Special items

• Every Job is important to Us and some Items need extra care and attention, or Your Driver may not be able to complete Your Job. If any of the following Items described in this Appendix are included in Your Job, then You agree to terms set out below.

4. Parking, loading and unloading

• If any of the circumstances set out below apply to Your job, then You agree to the terms set out below.

APPENDIX 4 – EPENNY DISPUTE RESOLUTION POLICY

THIS DISPUTE RESOLUTION POLICY SHALL APPLY BETWEEN EPENNY, CUSTOMERS AND  (ALL AS DEFINED IN THE CUSTOMER TERMS).  THIS POLICY SETS OUT HOW EPENNY WILL HANDLE DISPUTES RAISED BY CUSTOMERS OR DRIVERS AND HOW CUSTOMERS AND EPENNY DRIVERS ARE EXPECTED TO RESPOND TO SUCH DISPUTES.

1. EPENNY’S OBLIGATIONS
   1. EPENNY provides a procedure for resolving disputes between Customers and Drivers and will use its reasonable endeavours to mediate any dispute between the Customer and the Driver where such dispute is submitted to EPENNY via the Disputes Procedure, and all parties comply with the terms set out in this Dispute Resolution Procedure.
   2. In accordance with the Customer Terms and the Driver Terms, EPENNY is not liable to the Customer for any failure by the Driver to undertake the Driver Delivery Services as anticipated or at all.
   3. EPENNY provides assistance to the Customer and the Driver on a non-contractual basis in an effort to ensure that Customers are able to have any complaints heard in a fair manner.  EPENNY is however not obliged to engage in any dispute resolution process with a Customer who has been or is suspected of being abusive towards a Driver or any member of staff or agent acting on behalf of EPENNY.
2. CUSTOMER’S OBLIGATIONS

Once the Driver has departed following delivery of the Items, or in the event that the Driver does not deliver the Items or has not been able to find the Items in accordance with clause 4 below, the Customer shall submit all enquiries relating to loss or damage to EPENNY and not to the Driver. Failure to comply with this requirement may cause a delay in the resolution of any dispute.

3. DAMAGED ITEMS
   1. In the event of damage to Item(s), if the Customer wants EPENNY to attempt to resolve the issue using this Dispute Resolution Procedure the Customer must: 

1. Retain the Item(s) in the condition in which the Item(s) were received from the Driver;
2. If possible, take pictures of the Item(s) in the condition in which they were received from the Driver;
3. Inform EPENNY via Instant Support on the relevant Platform within 24 hours of receipt of the Item(s) of the condition of the Item(s) on receipt from the Driver and include photographic evidence if it is available; and
4. Inform EPENNY of any circumstances which the Customer believes may have led to the damage to the Item(s).
5. LOST ITEMS
   1. In the event of non-delivery of Item(s), if the Customer wants EPENNY to attempt to resolve the issue using this Dispute Resolution Procedure the Customer must:

1. contact EPENNY via Instant Support within twenty-four (24) hours of the expected delivery date as set out on the Platform (“Expected Delivery Date”), to notify EPENNY of the Driver’s failure to deliver;
2. provide to EPENNY proof that the Driver has collected the Item(s) from collection location; and
3. permit EPENNY a reasonable amount of time to engage with the Driver to search for and locate the lost item.

5. INFORMATION TO BE PROVIDED
   1. In addition to the information set out in clauses 3 and 4 above, both the Driver and the Customer shall provide all other information requested by EPENNY to assist with its assessment of a dispute within 2 days of receipt of EPENNY’s request.
   2. If the information requested is not received within the above timescales, EPENNY may refuse to mediate the dispute.
   3. EPENNY may also ask for an estimate of repair costs for damaged Item(s), or confirmation that Item(s) cannot be repaired, to be supplied by a specialist in the relevant type of repairs.
6. WHAT WILL EPENNY DO?
   1. EPENNY will use reasonable efforts to investigate the complaint and find a solution that is fair to both the Customer and the Driver.
7. REMEDIES
   1. EPENNY shall retain all charges paid by the Customer to EPENNY in respect of the delivery of the relevant Item(s) throughout the period of any dispute process and until the period for contesting a decision, as set out below, has passed.
   2. In the event that the dispute is not resolved via the Disputes Procedure, the Customer and the Driver shall make alternative arrangements for the resolution of the dispute.
   3. If the Customer or the Driver wishes to contest any decision made via the Disputes Procedure, they must write to EPENNY at [email protected] within seven (7) days from the date of the decision.
   4. EPENNY does not accept any liability in respect of the Disputes Procedure, including any failure of the procedure to resolve the dispute.

EPENNY LOGISTICS SERVICE PROVIDER CUSTOMER TERMS AND CONDITIONS

Introduction
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. In Clauses 8, 9, 10, and 11 We limit or exclude Our liability for loss and damage. We recommend You arrange insurance to cover Your goods or premises. We are able to arrange insurance for Your benefit upon request. This insurance will be separate from this contract and subject to the terms and conditions of the policy. 

1. Our Quotation 

1.1 Our quotation, unless otherwise stated, does not include insurance, cancellation/postponement/waiting waivers, customs duties, port charges including (but not limited to) demurrage, inspections, or any fees, or taxes payable to government bodies or agencies.

1.2 Our Quotation is valid for twenty-eight days from the date of issue. Unless already included in Our Quotation, reasonable additional charges will apply in the following circumstances:

1.2.1 If the work does not commence within twenty-eight days of acceptance;

1.2.2 Where We have given You a price including redelivery from store within Our Quotation and the re-delivery from store has not taken place within six months from the date of the issue of the quotation;

1.2.3 Our costs change because of currency fluctuations, changes in taxation, freight, fuel, ferry or toll charges beyond our control.

1.2.4 The work is carried out on a Sunday, or Public Holiday or outside normal hours (07.00-23.00hrs) at your request.

1.2.5 We have to collect or deliver goods at Your request above the ground floor and first upper floor.

1.2.6 If You or Your agents request collection or access to Your goods whilst they are in store;

1.2.7 We supply any additional services, including moving or storing extra goods (these conditions apply to such work).

1.2.8 The entrance or exit to the premises, 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.

1.2.9 We have to pay parking or other fees or charges (including fines where you have not arranged agreed suspension of parking restrictions) in order to carry out services on Your behalf. For the purpose of this Agreement parking fines for illegal parking, caused by Our negligence, are not fees or charges and You are not responsible for paying them.

1.2.10 There are delays or events outside Our reasonable control which increase or extend the resources or time allowed to complete the agreed work (see term 6.2).

1.2.11 We agree in writing to increase Our limit of liability set out in Clause 8.1 prior to the work commencing;

1.3 You agree to pay any reasonable charges arising from the above circumstances.

2 Work not included in the quotation 

2.1 Unless agreed by us in writing, we will not:

2.1.1 Dismantle or assemble furniture of any kind

2.1.2 Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings 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 4.

2.1.6 Dismantle or assemble garden furniture and equipment including, but not limited to: sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or move paving slabs, planters and the like.

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 will be your responsibility to:

3.1.1 Arrange adequate insurance cover for the goods submitted for removal transit and/or storage, against all insurable risks as Our liability is limited under clauses 8.1 and 8.2.

3.1.2 Obtain at Your own expense, all documents, permits, permissions, licences, customs documents necessary for the removal to be completed.

3.1.3 Pay for any parking or meter suspension charges incurred by Us in carrying out the work.

3.1.4 Be present or represented throughout the collection and delivery of the removal.

3.1.5 Where We provide You with inventories, receipts, waybills, job sheets or other relevant documents You will ensure that they are signed by You or Your authorised representative as confirmation of collection or delivery of the Goods.

3.1.6 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.

3.1.7 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.

3.1.8 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.

3.1.9 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.

3.1.10 Ensure that all domestic and garden appliances, including but not limited to washing machines, dish washers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them;

3.1.11 Provide Us with a correct and up to date contact address and telephone number during removal transit and/or storage of goods.

3.1.12 Arrange appropriate transport, storage or disposal of goods listed in clause 4

3.2 Other than by reason of Our negligence or breach of contract, We will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.

4 Goods not to be submitted for removal or storage 

4.1 Unless previously agreed in writing by the proprietor or other authorised 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 4.1.1 below may present risks to health and safety and of fire. Items listed under 4.1.2 to 4.1.7 below carry other risks and You should make Your own arrangements for their transport and storage.

4.1.1 Potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.

4.1.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, mobile telephones, portable media and computing devices, stamps, coins, or goods or collections of any similar kind.

4.1.3 Goods likely to encourage vermin or other pests or to cause infestation or contamination.

4.1.4 We shall notify you in writing as soon as practicable if any of the Goods, are in Our opinion hazardous to health, dirty or unhygienic or likely to attract vermin or pests and under what conditions we would be prepared to accept such Goods or whether we refuse to accept them. Should we refuse to accept the goods We will have no liability to You.

4.1.5 Perishable items and/or those requiring a controlled environment.

4.1.6 Any animals, birds, fish, reptiles or plants.

4.1.7 Goods which require special licence or government permission for export or import.

4.1.8 Under no circumstances will Prohibited or stolen goods, drugs or pornographic material be moved or stored by Us.

4.2 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 may apply for a court order to dispose of any such goods found in the consignment. You agree to pay Us any charges, expenses, damages, legal costs or penalties reasonably incurred by Us in disposing of the goods.

5 Ownership of the goods 

5.1 By entering into this Agreement, you guarantee that:

5.1.1 The goods to be removed and/or stored are Your own property, or the goods are Your property free of any legal charge; or

5.1.2 You have the full authority of the owner or anyone having a legal interest in them to enter into this Agreement and You have made the owner fully aware of these terms and conditions prior to entering into this Agreement and that they have agreed to them.

5.1.3 If at any time following the implementation of this agreement to its termination another person has or obtains an interest in the goods You will advise Us of their name and address in writing immediately.

5.1.4 You will provide a full indemnity and pay Us in respect of any claim for damages and/or costs brought against Us if either statement made in 5.1.1 or 5.1.2 is untrue.

5.1.5 If You wish to transfer responsibility of this Agreement to a third party You will advise Us in writing giving Us their full name and address. We will issue a new agreement to them. Our Agreement with You will remain in force until We have received a signed agreement from the third party.

6 Charges if You postpone or cancel the removal and Waiting Charges

6.1 If You postpone or cancel this Agreement, We reserve the right to charge you a reasonable postponement or cancellation fee according to how much notice is given as set out below at 6.1.1 – 6.1.4. “Working days” refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays.

6.1.1 More than 10 working days before the removal was due to start: No charge.

6.1.2 Between 5 and 10 working days inclusive before the removal was due to start: not more than 30% of the removal charge.

6.1.3 Less than 5 working days before the removal was due to start: not more than 60% of the removal charge.

6.1.4 Within 24 hours of the move taking place; not more than 75% of the removal charge.

6.1.5 On the day the work starts or at any time after the work commences: up to 100% of Our charges.

6.2 Waiting Waiver

Our quotation is based upon us being able to begin unloading our vehicle(s) before 11pm on the day of delivery (unless specified in writing). If we are prevented from doing so for reasons beyond our control, waiting charges will become payable at a rate of £35 per man and per hour. We offer a Waiting Charge Waiver for a fee equivalent to 7.5% of the total removal charge. If the Waiting Charge Waiver is accepted and paid for at least 24 hours prior to the move commencing, all waiting charges will be waived for a maximum of three hours.

7 Payment 

7.1 Unless otherwise agreed by Us in writing, payment is required in full by cleared funds at the time of booking the removal or storage period. In default of such payment We reserve the right to refuse to commence removal or storage until such payment is received.

8 Our liability for loss or damage 

8.1 We do not know the value of Your goods therefore We limit Our liability to a fixed limit per item. The amount of liability We accept under this agreement is reflected in Our charges for the work. If You wish Us to increase Our limit of liability per item You agree to pay a higher price for the work as stated in Condition 1.2.11 (Our Quotation).

8.2 Unless otherwise agreed in writing if we are negligent or in breach of contract We will pay You up to £25 for each item which is lost or damaged as a direct result of any negligence or breach of contract on Our part.

8.3 For goods destined to, or received from a place outside the United Kingdom:

8.3.1 We will only accept liability for loss or 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.

8.3.2 Where We engage an international transport operator, shipping company or airline to convey Your goods to the place, port or airport of destination, We do so on Your behalf and subject to the terms and conditions set out by that carrier.

8.3.3 If the carrying vessel/conveyance, should for reasons beyond the carrier’s control, fail to deliver the goods, or route them to a place other than the original destination, You may have limited recourse against the carrier depending upon the carriers particular terms and conditions of carriage, and You may be liable for General Average contribution (e.g. the costs incurred to preserve the vessel/conveyance and cargo) and salvage charges, or the additional cost of onward transmission to the place, port or airport of destination. These are insurable risks and it is Your responsibility to arrange adequate marine/transit insurance cover.

8.3.4 We do not accept liability for goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies unless such confiscation, seizure, removal or damage arose directly as a result of Our negligence or breach of contract.

8.4 For the purposes of this Agreement an item is defined as:

8.4.1 The entire contents of a box, parcel, package, carton, or similar container; and

8.4.2 Any other object or thing that is moved, handled or stored by us.

9 Damage to premises or property other than goods 

9.1 Because third party contractors or others are frequently present at the time of collection or delivery it is not always possible to establish who was responsible for loss or damage. therefore Our liability is limited as follows:

9.1.1 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.

9.1.2 If We cause damage as a result of moving goods under Your express instruction, against our advice, and where moving the goods in the manner instructed is likely to cause damage, We shall not be liable.

9.1.3 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 after the damage occurs or is discovered or in any event within a reasonable time. This is fundamental to the Agreement.

10 Exclusions of liability 

10.1 We shall not be liable for loss or damage caused by fire or explosion, unless we have been negligent or in breach of contract. It is Your responsibility to insure Your Goods. If You ask Us in writing to arrange insurance cover for You We will, provided You declare the full replacement value of Your Goods and pay the premium in advance.

10.2 We shall not be liable for delays or failures to provide the services under this Agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control.

10.3 Other than as a result of Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods as a result of:

10.3.1 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.

10.3.2 Moth or vermin or similar infestation.

10.3.3 Cleaning, repairing or restoring unless We arranged for the work to be carried out.

10.3.4 Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water.

OR

10.3.5 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.

10.3.6 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.

10.3.7 For any goods which have a pre-existing defect or are inherently defective.

10.3.8 For perishable items and/or those requiring a controlled environment.

10.3.9 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.

10.3.10 For items referred to in Clause 4.

10.4 No employee of Ours shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this Agreement.

10.5 Where goods are handed out from store Our liability will cease upon handing over the goods to You or Your authorised representative (see Clause 11.1 below).

10.6 We will not be liable for any loss or damage caused by Us or Our employees or agents in circumstances where:

(a) there is no breach of this Agreement by Us or by any of Our employees or agents

(b) such loss or damage is not a reasonably foreseeable result of any such breach.

11 Time limit for claims 

11.1 If You or Your authorised representative collect the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible.

11.2 For goods which We deliver, You must give Us detailed notice in writing of any loss and damage within seven days of delivery by Us. We may agree to extend this time limit upon receipt of Your written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld.

12 Delays in transit 

12.1 Other than by reason of Our negligence or breach of contract, We will not be liable for delays in transit.

12.2 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.

12.3 Any transit times quoted by Us are estimated and based upon information known to Us at the time. Transit times may vary due to a number of factors outside Our control including but not limited to changes in sailing or departure dates made by the freight/shipping company, changes in the routes used by the freight/shipping company and port congestion. We will advise You of any material changes to the transit times as soon as We become aware. We will not be liable for any loss or damage incurred by You as a result of delays in transit time unless directly attributable to Our negligence or breach of contract.

13 Our Right to Hold the Goods (lien) 

“Lien” is the legal right of the remover to hold goods until the customer has paid all outstanding charges.

We shall have a right to withhold and ultimately dispose of some or all of the goods if You fail to pay the charges and any other payments due under this or any other Agreement. (See also Clause 22). These include any charges that We have paid out on Your behalf. While We hold the goods You will be liable to pay all storage charges and other costs (including legal costs) reasonably incurred by Us in recovering Our charges and applying Our right of lien. These terms and conditions shall continue to apply.

14 Disputes 

If there is a dispute arising from this Agreement, which cannot be resolved, either party may refer it to the small claims court.

15 Our right to sub-contract the work 

15.1 We reserve the right to sub-contract some or all of the work.

15.2 If We sub-contract, then these conditions will still apply.

16 Route and method 

16.1 We have the right to choose the method and route by which to carry out the work and the location in respect of storage.

16.2 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 utilised for consignments of other customers.

17 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 regional 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.

18 Applicable law 

Any dispute between us will be governed by the non-exclusive law and jurisdiction of the English or Scottish Courts. If you currently reside or are moving to a place outside the jurisdiction of the Courts of the United Kingdom, alternative laws or jurisdiction of local courts may apply subject to our written agreement prior to the work or services commencing.

19 Your forwarding address 

19.1 If You instruct Us to store Your goods, You must provide a correct and up to date address and telephone number and notify Us if it changes. All correspondence and notices will be considered to have been received by You seven days after sending it by first class post to Your last address recorded by Us

19.2 If We are unable to contact you, We will charge you any costs incurred in establishing Your whereabouts.

20 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 within a reasonable period agreed between us, notifying Us of any errors or omissions.

21 Revision of storage charges 

We review our storage charges periodically. You will be given 30 days’ notice in writing of any increases.

22 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 months’ 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 You.

23 Termination 

If payments are up to date, We will not end this contract except by giving You three months’ notice in writing. If You wish to terminate Your storage contract, You must give us at least 10 working days’ notice (working days are defined in Clause 6 above). If We can release the goods earlier, We will do so, provided that your account is paid up to date. Charges for storage are payable to the date when the notice should have taken effect.