Terms and Conditions 

Removal and Personal Items Transportation Agreement 

This Removal and Personal Items Transportation Agreement (hereinafter referred to as the ‘Agreement’) is established between us, the Removal and Moving Company (also referred to as the ‘Company,’ ‘we,’ ‘us,’ or ‘our’) and you, the Customer (hereinafter referred to as ‘you’ or ‘your’).

1. Scope of Services 

1.1 The Company shall provide removal and transportation of personal items for the Customer in accordance with the Customer’s specific requirements and instructions. 

1.2 We reserve the right to choose the most cost-effective and efficient route for the removal and transportation of your items. We may also engage third-party contractors to assist in these services, provided that these third parties meet industry standards and comply with all relevant regulations. 

1.3 Upon your written request, we will provide information concerning the removal and transportation process. For documentation purposes, we will use forms and documents consistent with industry standards and best practices for removal and moving services.  

2. Responsibilities 

2.1 As the Customer, you shall assume the following responsibilities: 

2.1.1 Providing a written declaration of the value of the items intended for removal and/or storage. Should it be discovered later that the declared value is lower than the actual value, our liability will be proportionally reduced in accordance with the relevant provisions of this Agreement. 

2.1.2 Securing additional adequate insurance coverage for your items during the removal, transit, and/or storage process to mitigate risks, as our liability is limited as set forth in this Agreement. 

2.1.3 Obtaining, at your expense, all necessary documents, permits, permissions, licenses, and customs documents required for the completion of the removal process. 

2.1.4 Being present or designating a representative during the collection and delivery of your items. 

2.1.5 Ensuring that authorized signatures are obtained on agreed inventories, receipts, waybills, job sheets, or any other relevant documents as confirmation of the collection or delivery of items. 

2.1.6 Exercising due diligence to ensure that all intended items are included in the removal and that no items are accidentally left behind or removed. 

2.1.7 Taking measures to secure or safeguard items when they are left in premises that are either unattended or occupied by third parties, such as tenants or contractors. 

2.1.8 Properly preparing and stabilizing all appliances or electronic equipment before removal. 

2.1.9 Ensuring that refrigerators and deep freezers are emptied, defrosted, and cleaned prior to removal, as we will not be responsible for the contents. 

2.1.10 Providing a contact address for correspondence related to the removal, transit, and/or storage of your items. 

2.2 Our, as a Company, Responsibilities and Liability: 

2.2.1 We are responsible for delivering your items to you, or making them available for your collection, undamaged. By “undamaged,” we mean in the same condition as they were at the time of packing or otherwise being prepared for transport and/or storage. 

2.2.2 If we are responsible for packing your items, we will also ensure they are delivered or made available to you undamaged, in the condition they were immediately before being packed. 

2.2.3 Our liability for failing to deliver your items undamaged is as stated in this Agreement, subject to the limitation of related clauses. 

2.2.4 We will not be liable for any loss or damage that occurs due to your failure to fulfil the responsibilities listed under 2.1, except if such loss or damage is a result of our negligence or breach of this Agreement. 

2.2.5 If you do not declare the value of your items or opt for standard liability as per clause 2.1.1, our liability is limited to cases of our negligence or contractual breach. 

2.2.6 The extent of our liability under this Agreement will be determined as per clauses 8 and 9. 

2.3 Limitation of Liability: Except in cases of our negligence or contractual breach, we shall not be liable for any loss, damage, or additional charges that may arise due to your failure to meet the responsibilities outlined in 2.1. 

3. Goods Excluded from Removal or Storage 

3.1 Unless expressly authorized in writing by a director or other authorized representative of the company, the following items shall not be submitted for removal or storage. Under no circumstances will we move or store these items. Items listed under 3.1.1 may pose health and safety risks, including fire hazards, while items listed under 3.1.2 to 3.1.6 carry other risks for which you should make your own transport and storage arrangements. 

3.1.1 Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging, or explosive items, such as gas bottles, aerosols, paints, firearms, and ammunition. 

3.1.2 Jewlery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or any similar goods or collections. 

3.1.3 Plants or goods likely to attract vermin or other pests, or cause infestation or contamination. 

3.1.4 Perishable items or those requiring a controlled environment. 

3.1.5 Animals, birds, or fish. 

3.1.6 Goods that require a special license or government permission for import or export. 

3.2 If we agree to remove such goods, our liability for loss or damage will be limited unless we are negligent or in breach of contract, in which case all the conditions specified in the agreement will apply. If you submit such goods without our knowledge, we will make them available for your collection. If you fail to collect them within a reasonable time, we reserve the right to seek an appropriate court order for the disposal of these goods found in the consignment without prior notice. The Customer shall bear all costs, including but not limited to court fees, disposal costs, and any legal costs incurred by the Forwarder concerning these goods.  

4.Ownership of the Goods 

4.1 By entering into this Agreement, you provide the following guarantee: 

4.1.1 The goods intended for removal and/or storage are your sole property, or 

4.1.2 You have obtained authorization from the rightful owner(s) or interested party(ies) to enter into this contract on their behalf, and they have been duly informed about and acknowledge these conditions. 

4.1.3 In the event that either warranty stated is found to be untrue, you agree to indemnify us for any claims, damages, and costs incurred as a result. 

5.Delivery Time and Limitations 

5.1 The estimated delivery time is an initial guideline and is subject to adjustments due to unforeseen circumstances beyond our control. This estimated time is not legally binding and does not constitute a breach of this Agreement. 

5.2 Possible factors affecting the estimated delivery time include, but are not limited to, traffic congestion, adverse weather conditions, regulatory requirements, unforeseen delays at ports, airports, or border checkpoints. 

5.3 Weekends, holidays, and the time required for customs and other mandatory government procedures are not included in the estimated delivery time. You are responsible for providing accurate and timely documentation to facilitate these processes. 

5.4 We will make reasonable efforts to inform you of significant deviations or changes in the delivery schedule as soon as we are aware of them. 

5.5 Costs or losses due to delays will generally be borne by you unless directly caused by our gross negligence or wilful misconduct. For your protection, consider arranging appropriate insurance coverage for unforeseen risks during transit. 

5.6 Both parties agree to work cooperatively and in good faith to mitigate the impact of any delays or changes in the delivery time. While we will take reasonable measures to expedite the process and minimize negative effects, we shall not be held liable for losses or damages beyond our control. 

5.7 You agree to indemnify and hold us harmless against any claims, losses, or liabilities arising from delays, except in cases of our gross negligence or wilful misconduct. 

6. Penalties for Delayed Loading or Unloading 

6.1 If delays in loading or unloading occur, including during customs clearance, for which the Customer is responsible, penalties will be imposed to compensate us for any inconvenience, costs, and losses. 

6.2 Penalties apply if delays exceed one working day in Europe or two working days in the CIS region due to the Customer’s fault. Penalties may also apply for delays caused by issues like defective cargo packaging, specifically when the Customer has undertaken the packing process or incomplete or incorrect documentation for customs and other formalities, attributable to the Customer. 

6.3 The penalty rate is set at 150 Euros for each day of delay, including weekends and holidays. The purpose of these penalties is to encourage efficient logistics practices, minimize disruptions, and ensure smooth and uninterrupted operations. 

6.4 Additional costs incurred due to delays, such as demurrage charges and extra labour costs, are covered by these penalties. 

6.5 The Customer is responsible for ensuring a timely and organized loading or unloading process with all necessary documents and packaging. Adherence to these requirements helps avoid penalties and contributes to the overall effectiveness of the operation. 

6.6 Both parties should adhere to the provisions in this section to avoid delays, penalties, and impacts on the efficiency and cost-effectiveness of the operation. 

7. Cancellation of Loading 

7.1 If the Customer decides to cancel the loading of goods, specific penalties and reimbursement obligations will apply to compensate for any inconvenience, costs, and losses incurred by us. 

7.2 Should the Customer cancel the loading less than two working days before the scheduled date, a penalty will apply. This penalty will be either 10% of the total removal charge or a minimum of 150 Euros, whichever is higher. This is intended to discourage last-minute cancellations and to compensate for any disruptions to our operations. 

7.3 In addition to the penalty, the Customer must reimburse us for any documented expenses already incurred in preparation for the loading process. This could include scheduling, coordination, and other preparatory actions. These penalties and reimbursements aim to uphold a balanced and fair contractual relationship. 

7.4 The Customer should be aware that inadequate notice for cancellation can lead to significant operational disruptions and financial consequences. Timely communication is therefore essential for the efficient management of the logistics process. These penalty and reimbursement provisions align with industry standards and are designed to ensure accountability from both parties. 

7.5 The Customer is advised to carefully consider the impact of any cancellations and to communicate any changes as soon as possible to avoid penalties and demonstrate professionalism. By adhering to these terms, both parties can maintain a cooperative and mutually beneficial working relationship, which is key for smooth logistics operations. 

8. Liability for Loss or Damage to Cargo 

8.1 Scope of Our Liability 
Under this Agreement, our liability is confined to damages stemming from our own negligence or a breach of contract. This applies when the goods are in our possession or if loss or damage occurs because we failed to pack the goods adequately, provided we were contracted to handle the packing. In such cases, the lesser of repair or replacement costs will be considered, based on the age, condition, and value of the items you declared prior to the loss or damage. 

8.2 Specific Limitations on Liability 
We emphasize the importance of understanding our liability limitations. The total liability for all affected items within the shipment will not exceed 100 Euros per cubic meter of the shipment’s volume. These caps are only applicable if you have supplied a detailed valuation of your goods, which should include information about their age and condition before shipping. 

8.3 Customer Advisory and Insurance Options 
To help you make well-informed decisions, we advise you to be fully aware of these limitations. To mitigate the risks associated with such limitations, you have the option to secure additional, independent insurance coverage at your own expense. This is particularly important for international shipments, where different rules and regulations may apply. 

8.4 Risk Management and Valuation 
Being informed about these limitations and your options for additional insurance is crucial. Declaring your goods at a value below their actual worth could affect the level of compensation available to you in the event of loss or damage during the transportation process. 

8.5 Exclusions and International Limitations 
Our liability does not cover any loss or damage to goods resulting from actions by Customs or other Government Agencies unless we are at fault. Additionally, we are not liable for loss or damage to goods transported to certain overseas countries including but not limited to Gambia, Iran, Iraq, Nigeria, Libya, Lebanon, Angola, Cambodia, Vietnam, and North Korea. We will inform you at the time of quoting if such exclusions apply to your shipment. 

9. Exceptions from Liability 

9.1 Special Risks and Regulatory Checks 
Оur liability does not extend to loss or damage that occurs due to special risks. These special risks include but are not limited to actions like customs or government inspections that necessitate the opening of packages and examination of their contents. 

9.2 Packaging Defects or Absence 
We are also relieved from liability if loss or damage arises from either the absence of packaging or from defective packaging. This is particularly relevant if the goods are shipped without adequate protection or in a manner that makes them susceptible to damage or decay. 

9.3 Condition of Delivered Goods 
We will not be held accountable if goods are handed over to the consignee in undamaged packaging that was provided by you or the original shipper. 

9.4 Consignee’s Obligations and Documentation 
Our liability will be waived if the consignee fails to document any damage to the goods at the time they are issued, in the presence of our representative, or if such information is not recorded in the bill of lading. 

9.5 Exclusions Under Special Circumstances 
Aligned with Limited Liability terms, we are not responsible for loss or damage resulting from fire, explosion, acts of war or terrorism, Act of God, or other events beyond our control, unless caused by our negligence or breach of contract. Further, we assume no responsibility for the loss of or damage to specific categories of items such as bonds, jewelry, furs, perishable items, animals, and various others as outlined in the original document. Additionally, we are not liable for loss or damage caused by a range of circumstances including but not limited to ionizing radiation, biological factors, cyber-attacks, normal wear and tear, or by atmospheric or climatic conditions. 

9.6 Employee Liability 
It is important to note that no employee of ours will be individually accountable to you for loss, damage, or any errors under the terms of this Agreement. 

9.7 Termination of Liability 
Our liability ends once the goods have been handed over from our warehouse or upon the completion of the delivery. 

9.8 Time Limit for Filing Claims 
You must notify us of any visible loss, damage, or failure to produce the goods at the time of delivery in writing. If you or your authorized agents are collecting the goods, such notification must be given in writing at the time the goods are handed over. Beyond these immediate notifications, any formal claim for loss or damage must be made in writing and submitted to us, or our agent or the company responsible for the collection or delivery of the goods, within a strict time limit of thirty (30) days following the delivery of the goods. 

9.8.1 Extension of Time Limit 
Should you require an extension for filing a claim, a written request for extension must be submitted to us within seven (7) days of the initial delivery. Approval for extension requests will not be unreasonably withheld but remains at our discretion. 

10. Exemption from Liability for Delayed Delivery and Disputes 

10.1 Within the framework of this Agreement, we shall not be held responsible for any direct or indirect losses or damages you may incur due to delivery delays that exceed the time estimates explicitly stated in the work order. 

10.2 Disputes between us relating to the fulfillment of timelines for either forwarding or multi-modal transportation of your items will not serve as an acceptable premise for you to defer or withhold the agreed payment or reimbursements for any expenses we may have incurred on your behalf. 

10.3 While we are committed to meeting the delivery timeframes outlined in this Agreement, unforeseeable events like customs delays, adverse meteorological conditions, or transportation interruptions can influence the actual delivery dates. We pledge to execute all reasonable endeavors to lessen any potential delays. 

10.4 By entering into this Agreement, you acknowledge the possibility that deviations from the expected delivery schedule may occur. The liability that we may assume for any such delays will be strictly in accordance with the conditions delineated in this section of the Agreement. 

11. Force Majeure Circumstances 

11.1 Exemption Due to Unforeseeable Circumstances 
Neither we nor you shall be accountable for any failure to perform any part of this Agreement if such failure arises from force majeure conditions. These include, but are not limited to, acts of war, military engagements, floods, fires, arson, earthquakes, and other natural calamities, as well as governmental actions or decisions that occur after entering into this Agreement. 

11.2 Extension of Timeframes Due to Force Majeure 
Should any of the circumstances outlined in clause 11.1 directly inhibit either Party’s ability to fulfill their contractual obligations within the stipulated period, that period will be proportionately extended for as long as the force majeure condition persists. 

11.3 Notification and Confirmation Requirements 
The Affected Party must notify the other Party within 3 (three) days of the occurrence and conclusion of any force majeure conditions, as outlined in clause 11.1. The facts stated in the notification must be confirmed within 30 (thirty) days by the trade (trade and industry) chamber or another competent body of the country where the force majeure circumstances arose. 

Failure to provide prompt notification will result in the affected Party forfeiting the right to claim exemption from liability due to these force majeure circumstances. 

12. Reimbursement of Expenses, Fines, and Demurrage 

12.1. The Customer is responsible for reimbursing us for any unavoidable expenses and fines incurred by the carrier due to issues like re-loading, oversized dimensions, penalty stops, customs procedures, veterinary and sanitary inspections, among other similar services. The aim of these provisions is to underline your responsibility in averting unnecessary costs, fines, and delays. Providing accurate and timely information and documentation to the Forwarder is essential for minimizing risks and ensuring a seamless, compliant transportation experience. 

12.2 Demurrage Fines for Inconsistencies: 
Should discrepancies exist between the actual characteristics of your items—encompassing aspects such as quantity, weight, volume, and content—and the details provided in the transportation documents, particularly when you have overseen packing and documentation, you will be held liable for resulting demurrage charges. Accurate representation of the items’ true specifications in the transportation documents is critical to prevent such financial penalties. 

12.3 You will also incur fines if the documents accompanying the cargo, essential for customs, veterinary, sanitary, road, and other necessary procedures, are either absent or do not meet the criteria set by relevant authorities in the countries the transportation passes through. It is imperative for you to furnish complete and accurate documentation to comply with regulatory mandates and ensure a smooth movement of the cargo. 

13. Retention of Cargo and Payment Obligations 

13.1 Right of Retention (Lien): 
Under this Agreement, we reserve the right to withhold your items until all financial obligations to us are met, including any outstanding payments or charges we’ve advanced on your behalf. Until these obligations are fulfilled, your items will be held, and you’ll incur all related costs, such as storage fees and handling charges. 

13.2 The retention serves as a safeguard for our interests and ensures you fulfil your payment obligations. The terms of this Agreement remain in effect during this period, making you responsible for any additional costs incurred. 

13.3 To avoid further delays and additional retention-related costs, you are advised to settle all outstanding balances promptly. 

14. Disposal or Sale of Unclaimed Cargo 

14.1 If you fail to claim your cargo within 31 calendar days from the date we notify you of its readiness for delivery, we reserve the right to either dispose of or auction the unclaimed items. 

14.2 If payment of our charges related to your goods is in arrears, we will give you a three-month notice to settle all outstanding amounts and claim your cargo. Failure to do so grants us the right to sell or dispose of some or all your items without further notice. 

14.3 Should disposal or auction occur, you are required to cover any related costs upon our request, supported by documentation we provide. The net proceeds from the auction will be credited to your account, and any surplus will be returned to you without interest. If the amount due is not fully covered by the auction proceeds, we may seek to recover the balance from you. 

14.4 It is essential for you to be aware of the time limitations and promptly claim your cargo to avoid financial implications and additional costs related to disposal or auction. 

15. Governing Law and Dispute Resolution 

15.1 This Agreement is governed by the laws of the country where the office of our Company issuing this contract is situated, in accordance with relevant local legislation and any applicable international treaties or conventions. 

15.2 Both parties agree that any disputes arising out of or in connection with this Agreement shall be resolved exclusively in the courts of the country where the office of our Company issuing this contract is located. 

15.3 Any legal actions or claims related to this Agreement must be initiated within a one-year limitation period, provided that the issues were documented in the Consignment Note (CMR) after unloading. Within this timeframe, both parties are obligated to follow the prescribed procedures for lodging and resolving claims. 

16. Execution of the Application in Electronic Form 

16.1 The parties agree that this application can be executed in electronic form by exchanging copies of signed documents via email. This includes the exchange of the application and its additions, which may also be modified through the exchange of signed documents via email. 

16.2 Payment of the remuneration (or its part) by the Customer under this application serves as evidence of the Customer’s consent to the terms of the application, even if the application itself is not physically signed by the Customer and sent to the Forwarder via email. 

17. Bank Commission for Fund Transfer 

17.1 The Customer shall be responsible for bearing the full bank commission associated with the transfer of funds. The bank commission for fund transfers is solely the responsibility of the Customer. This means that any fees or charges imposed by the bank for transferring funds related to the services provided under this application will be borne by the Customer. It is important for the Customer to consider and account for these bank commissions when making payments or transfers related to the freight forwarding services. 

18. Processing of Personal Data 

18.1 If the Customer is a private individual, the Customer hereby agrees to the processing of their personal data by the Moving company for the proper execution of this application. The personal data may include the Customer’s last name, first name, second name, citizenship, place of residence, passport details, bank details, and other relevant personal data. 

18.2 The purpose of processing the Customer’s personal data is to ensure the proper execution of this application, including the transfer of the specified data to third parties, if necessary, when Moving company enters into related contracts. Additionally, the personal data may be transferred for the purposes of customs, fiscal, and other types of mandatory state control. 

18.3 The Customer’s consent for the processing of personal data is valid throughout the entire period of execution of this application. The Customer has the right to revoke this consent at any time by sending a corresponding registered letter in free form to the Moving company. The letter should be addressed to the addressee at the Movers registered place of business, and it should include a description of the attachment.