Navigation Links:

Home
Where We Go
Moving Pets
The Fleet
Estimating
Links
Testimonials
Ebay
Contact Us

 Schedules

Specialists in International Removals Between The UK, Spain and France, Portugal or Gibraltar, Local National and International Deliveries - Estimating Weights and Volumes

Terms of Service:

 

These Terms of Service are common practice throughout the Removals and Logistics industries and are in place to avoid confusion and to ensure fair practice and safe transit of your goods. If you use our services you are agreeing to comply with these Terms of Service.

These TERMS OF SERVICE apply to services are provided by "Man And Van In Spain"

Where we use the words ‘You’ or ‘Your’ it means the customer. ‘We’, ‘Us’ or 'Our’ means "Man And Van In Spain".

1. OUR SERVICES

We will provide our services to you using skill and care and reserve the right to use reputable Carriers to carry some Consignments.
We do not check your goods before a booking is placed therefore it is recommended that the goods are booked in via the Get A Quote page on our website and all goods are correctly listed with the value of the Goods in the Description of Goods and the correct sizes and weights declared in order for the correct Service and price.
Before booking, you should read these Terms of Service (and all related information, including the list of Prohibited and Restricted Items) to ensure that you understand the Terms on which we provide our services.
If you use our services you are agreeing to comply with these Terms of Service.


2. YOUR GOODS
You own the Goods or You have been given the authority to make this contract by the person(s) who owns or has an interest in the goods and that they have been made aware of these Terms of Service.

3. THE QUOTE
Unless otherwise stated the quote is a fixed price and does not include

packing materials
storage
customs duties and inspections

or any other fees whatsoever.

In the event of a quote being given as an hourly rate, fees are charged starting arrival at the collection address and ending when we complete unloading.

We may either increase or decrease the price if any of the following have not been taken into account:

We have to collect or deliver goods to floors higher than those agreed, in writing, at the time of booking.
Additional services, including moving or storing extra goods, are supplied by us (these conditions will also apply to these services).
Inadequate access preventing free movement of the goods without mechanical equipment or structural alteration
Any parking fees, fines (unless unreasonably incurred) or other charges that we have to pay in order to carry out services on your behalf
There is delay in accessing the collection or delivery property


4. WORK EXCLUDED FROM THE QUOTE
Unless agreed by us in writing and charged appropriately we will not:

Dismantle or assemble any flat-pack furniture or fittings.
Disconnect or reconnect appliances, fixtures, fittings or electrical equipment.
Take up or lay fitted floor coverings.
Move storage heaters (unless previously dismantled).
Move items from a loft (unless well illuminated with safe access via a staircase).


5. YOUR RESPONSIBILITY
It will be your own responsibility (and, where relevant, expense) to:

Declare to us valuations of all goods being removed and/or stored.
Insure the goods submitted for removal and/or storage against all insurable risks.
Obtain all paperwork (licences, permits, etc.) necessary for the removal to be completed.
To be contactable or represented throughout the whole removal.
Take all reasonable steps to ensure that nothing is left behind or taken away in error.
Arrange protection for goods left in unattended premises or where other people not bound by these terms and conditions will be present.
Prepare, pack and stabilise all electric equipment prior to its removal.
Empty, defrost completely and clean refrigerators and freezers.
Provide us with the correct correspondence addresses.

Other than by reason of our own negligence, we will not be held liable for costs that may arise from any of the above.

6. DEFINITIONS
Listed below are defined terms which will have the following meanings:

Carrier means a third party company which may carry some Consignments (i.e couriers).
Consignment Each shipment sent using "Man And Van In Spain" service to each individual address.
Extra Cover means an additional level of Insurance that replaces the cover which is included at the time that an order is placed.
Prohibited Items means an item which must not be sent using "Man And Van In Spain" services.
Receiver The person who is receiving the Consignment.
Restricted Item means an item which we will carry but will not be insured.
Transit Cover means the financial value which your Consignment is protected up to.
Working Day means in relation to the UK, Monday to Friday from 9am to 5pm excluding public and Bank holidays, the days at times that banks are normally open for business in that country excluding public holidays.


7. MAKING A BOOKING

A contract for our shipping and insurance services will only be formed when we have received payment or deposits in full.
We are not obliged to accept bookings or goods and we reserve the right to refuse and cancel any booking or service if necessary.
Any booking can be cancelled by you up until the time that the Consignment is collected (Cancellation fees may apply).
Once the Consignment has been collected (or delivered to our UK warehouse) it will leave the UK on the next available van or lorry. Although we do our best to meet individual requirements, some circumstances are out of our control and may cause delays therefore we are not liable and are not obliged to offer discounts for lateness.
Each booking will be confirmed in writing via email.


8. INSURANCE & TRANSIT COVER
Our insurance is in accordance with Goods in Transit and the CMR convention for which we have liability in this respect. If Extra Insurance is required, please contact us for more information when booking.

As it can not be proven that items were in good condition before the removal Goods packed by customers are not covered for damage under our insurance policy.

Standard Liability:
In the event of loss of or damage to Your Goods, Our liability to You shall not exceed a sum equivalent to the cost of their repair or replacement whichever is the smaller sum, taking into account the age and condition of the goods immediately prior to their loss or damage;
Where the lost or damaged item is part of a pair or set, Our liability to You, where it is assessed as the cost of replacement of that item, is to be assessed as a sum equivalent to the cost of that item in isolation, not the cost of that item as part of a pair or set.

Limited Liability:
If You have not provided Us with a written valuation prior to shipping in the Description of Goods, then Our liability to You will be nil;

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

A box, parcel, package, carton, or similar; and its contents.
An object or thing that is moved, handled or stored by Us.


9. PRICES
All prices quoted for shipping are in pounds sterling (GBP)
Payment can be made by:

Bank Transfer
Cash

Payment is required prior to collection unless otherwise agreed.

PLEASE NOTE THAT IN ADDITION TO THE PRICE WHICH IS QUOTED AT THE TIME OF YOUR BOOKING, SURCHARGES MAY ALSO BE PAYABLE BY YOU. FURTHER DETAILS ARE SET OUT IN SECTION 10 BELOW.

10. SURCHARGES
Certain surcharges may be payable by You in addition to the shipping fee which is set out as the cost for the standard delivery of Your Goods. When a surcharge is payable, it may be charged directly to the payment method used to make the initial order (if you have consented to this).

Any Surcharges represent the additional administrative costs which will be suffered by Us and charges which We may incur from the Carriers and are not penalties imposed by Us. This information is made available to you prior to placing your booking.

For illustrative purposes, the following is a non-exhaustive list of when surcharges may be payable;

if a re delivery is necessary because the receiver is unable to take delivery when required;
if the goods are heavy, un-stackable or fragile;
if the goods are not packed or protected, or badly packed and we have to repack the items;
We need to supply Documentation to accompany your shipment.


11. COLLECTION OF CONSIGNMENTS
Collection dates and times are given to our best approximation but are not guaranteed
We may not come into direct contact with the Consignment/s on collection but instead may arrange for the collection through one of the Carriers that we hold an account. Please ensure the correct goods are given to the Carrier and are sufficiently packed or protected.

If we need to supply documentation to accompany your shipment you will be advised of this at the time of ordering if applicable. Some documents will need to be attached to the shipment, if not your shipment could be delayed and be subject to surcharge. Further instructions will be found in the confirmation email sent after the booking is placed.

Your Consignment/s must be packed properly, with the contents cushioned and protected inside. The packaging must also be sufficient to protect the Consignment's weight. It is not always obvious when a Consignment has not been packaged properly. We and The Carriers will assume that Consignments have been correctly packaged and will exercise a level of skill and care appropriate to that. Any claim resulting from a parcel that is not packaged to a reasonable standard may be declined and with no liability on our part.

Any item travelling through our services must be able to withstand a long road journey via road and sea, all fragile items are sent though our services at the customer's own risk. Please see our packaging guidelines and Prohibited / Restricted Items.

Prohibited Items, Restricted Items and Consignments which have not been packaged properly could be subject to damage, delay, return, impounded by Customs or held for collection by you or the receiver. If the goods are held to be collected, you will be notified that collection of said goods must be arranged by a certain date or the goods may incur storage charges and finally discarded.

Your Goods may be discarded if

Customs remove and destroy the Prohibited item
they are damaged to such an extent that it is a Health and Safety risk (such as smashed glass)
if they have been held for collection for a fixed time limit and the time limit advised has been exceeded.


The Carrier and/or "Man And Van In Spain" have the right to refuse a Consignment for a reasonable reason such as no packaging, insufficient packaging or the Consignment does not comply with the information given by you at the time of placing the order - for example it contains a Prohibited item or is larger or heavier than stated.

Please ensure the collection point is available at the collection time that you request. A surcharge may be applied if you are out or the Consignment is otherwise unavailable when the Carrier tries to collect.

It is the customers responsibility if a receipt should be obtained on collection of the Consignment. Proof of collection will be required for any issues that you may have with the Consignment or processing of your order.

Some courier services require a bar-coded label to be printed out and attached to a parcel so we will email you a copy of the relevant label to be attached if necessary. Please attach this before the courier arrives. For all other parcel services the driver will provide a Waybill document that the Collection point will have to complete with the to and from address details.

It is the customer's responsibility to ensure that your name is correctly completed and displayed on the correct Consignment.

12. TRACKING AND DELIVERY
Delivery dates and times given are to our best approximation and are not guaranteed.

Please be advised that "Man And Van In Spain" does not individually track parcels or goods. You will receive an e-mail from us to confirm the day and/or time of delivery.

Deliveries can be made to a neighbouring or alternative address if the receiver is out.

A telephone number for the receiver is required for each Consignment so that the receiver can be called in the event of an address query. If a telephone number has not been provided and We have been unable to arrange a collection or delivery then a surcharge may apply.

One delivery attempt will be made for each Consignment, if unsuccessful the Consignment will cancelled or put in to storage. If this happens then a surcharge may apply.

"Man And Van In Spain" services are generally offered “door to door”. This means that we will arrange for pick up from one address and a drop off at another.

We cannot guarantee to stop any item once in transit, although we will try and do so if requested. If this happens then a surcharge may apply.

13. SUB-CONTRACTING THE WORK
We reserve the right to sub-contract some or all of the work.
In the event that we sub-contract, these terms and conditions will still apply.

14. ROUTE & METHOD
We have the right to choose the route for delivery.

15. RESTRICTED ITEMS
We will carry Restricted Items using our service. Should you proceed to send such goods you do so at your own risk understanding that the item will be covered for Loss only and excluded from any damage cover.

In the event of damage a restricted item may be held for collection. If this is the case you will be notified in writing that goods must be collected. If the goods are so badly damaged that the contents are destroyed or that the goods pose a Health & Safety risk then they may be immediately discarded.

16. PROHIBITED ITEMS
PROHIBITED ITEMS MUST NOT BE SENT USING OUR SERVICES.

No insurance is offered for Prohibited Items and you cannot claim for any loss or delay in relation to Prohibited Items.

In addition to our prohibition of the carriage of Prohibited Items, hazardous / dangerous goods are strictly prohibited from our services. Failure to declare hazardous / dangerous goods could lead to you being prosecuted where unlimited fines and imprisonment are possible. Please note that the list of Prohibited/Restricted items which relate to our services is not an exhaustive list of what could be considered to be hazardous or dangerous

Item/s sent within a hazardous box will be classed as such, strictly prohibited. Please do not reuse old hazardous boxes.

17. CUSTOMS CLEARANCE
By placing a booking, you are paying for the outward shipping charges of your Consignment/s only. "Man And Van In Spain" has no control over any customs queries, delays or extra charges that may arise. Any extra charges must be paid in addition by the receiver (or Sender if customs agree this to be possible) before delivery is made. Customs will deal directly with the receiver and in some cases, only the receiver. If you do not wish to pay the charges and the Consignment is returned, all return charges will also be passed on. Should a deadline be given before the goods are to be discarded and the deadline passes, no claim can be made for the loss and in addition abandonment charges may apply. If the Goods are held under Customs query and they are returned, or abandoned and we have not been contacted then no refund or claim is due.

High value Consignments may be delayed as they may require further documentation for clearance.

18. LOSS / DAMAGE CLAIMS
PLEASE NOTIFY US AS SOON AS POSSIBLE OF ANY CLAIM RELATING TO LOSS OR DAMAGE AND WITHIN 28 DAYS OF THE DAMAGE OR LOSS.

All enquiries relating to loss or damage to Consignments should be directed through "Man And Van In Spain".

It is your responsibility to sign for goods as "damaged" on receiving the goods if this is the case (and if you are not the Recipient of the goods, you should ask the Recipient to do the same). If goods are received as being in good condition, it will be difficult for you to show that the goods were damaged in transit. If you are unable to check when the driver is there, please arrange for goods to be signed for as "unchecked".

To process a claim, you will need to have proof that the Carrier or "Man And Van In Spain" has taken the Consignment from you. The best form of such proof is a receipt which the Carrier or "Man And Van In Spain" should provide you with when the Consignment is collected or obtaining a signature on a copy of the booking form. In addition, in the event of a claim a copy of the invoice will be needed to prove the value of the Consignment. Payment for the cost of the transportation would have to be paid in FULL with no offset prior to any claim being considered.

The damaged item together with all packaging should be kept until the claim is concluded as more photographs or inspection of the item may be necessary.

If it is shown and proven that an item has been damaged in transit, we will (at our discretion) generally pay for damage to be repaired rather than a replacement – depending on the level of damage to the item and subject to the general provisions. Accordingly, if you make a claim relating to a damaged item we may also ask for an estimate of repair costs for that item supplied by an specialist who will carry out the repair. If the item cannot be repaired then we would need this in writing from the specialist for a claim relating to the replacement of the item to be considered.

"Man And Van In Spain" will deal with the person who placed the booking only. Should the Sender have placed the order then we do not have a contract with the receiver (and vice versa) and cannot be contractually liable for any losses suffered by other parties than the person that placed the order.

LIMITATION OF "Man And Van In Spain's" LIABILITY
"Man And Van In Spain" MAXIMUM LIABILITY TO YOU IS LIMITED TO THE INSURANCE COVER AT THE TIME OF THE BOOKING.

We will not be liable for any claim for loss of profit, loss of use of an item, loss of revenue, administrative inconvenience, disappointment, or indirect or consequential loss or damage arising out of, or in relation to, the service you ordered.

"Man And Van In Spain" will only accept liability for damage to Restricted Items where the goods have not been carried using reasonable skill and care.

"Man And Van In Spain" accepts no liability for loss/damage to an item if it has not been correctly packaged and/or labelled unless it can be proven that we have not acted with reasonable skill and care.

19. CANCELLATION
Charges may be incurred if a booking is postponed or cancelled:
a) For notice given more than 14 days before the removal was due to start: NO CHARGE
b) For notice given less than 14 days before the removal was due to start, we reserve the right to make a charge which covers our costs.

20. SEVERABILITY
If any part of these terms of use is found to be unenforceable as a matter of law, the enforceability of any other part of these terms will not be affected.

21. GOVERNING LAW
These terms of use and any contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have jurisdiction over any disputes between us.

22. STATUTORY RIGHT
These terms of use do not remove any statutory right which you have as a consumer which cannot be excluded.

23. RIGHTS OF THIRD PARTIES
A party who is not a party to this agreement (such as a receiver) cannot enforce the terms to this agreement, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

 

2010 ManAndAVanInSpain.com - All Rights Reserved