TERMS AND CONDITIONS
These conditions explain your rights, obligations, and responsibilities and those of TAWAKAL Freight Services. A contract is a two-way arrangement and it is important that everyone know where they stand. Where we use the word 'you' or 'your' it means the customer: 'we', 'us' or 'our' means tawakal Freight Services. These conditions can only be changed or amended by our written agreement.
1. Our Quotation. Unless otherwise stated, it does not include insurance, customs duties and inspections or any other fees payable to government bodies. Where included, if customs duty and taxes change at destination whilst goods are still in transit it is your responsibility to meet the difference. We may change the price or make additional charges if any of the following have not been taken into account when preparing our quotation and confirmed by us in writing. You do not accept it in writing within 28 days, with a firm removal date to which we agree in writing. By your delay, the work is not carried out or completed within three months. Our costs increase (or decrease) because of currency fluctuations or changes in taxation or freight charges beyond our control. The work is carried out on a Saturday, Sunday or Public Holiday at your request. We have to collect or deliver goods above the ground floor. We supply any additional services, including moving or storing extra goods (these conditions apply to such work). The 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 meters of the doorway, and this means we have to do extra work. Any parking or other fees or charges that we have to pay in order to carry out services on your behalf.
2. Work not included in the quotation. Unless agreed by us in writing we will not: Dismantle or assemble unit or system furniture (flat-pack), fitments or fittings. Disconnect or reconnect appliances, fixtures, fittings or equipment. Move items from a loft. Move or store any items excluded under clause 4. Our staff are not authorized or qualified to carry out such work. We recommend you employ a properly qualified person for such work.
3. It will be your sole responsibility, to declare to us the value of the goods being removed and/or stored. Arrange adequate insurance cover for the goods submitted for removal transit and/or storage, against all insurable risks. Obtain at your own expense, all documents, permits, licences, customs documents necessary for the removal to be completed. Be present or represented throughout the removal. Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error. 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. Prepare adequately and stabilise all appliances or electronic equipment prior to their removal. Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents. Provide us with a contact address for correspondence during removal transit and / or storage of goods. Other than by reason of our negligence, we will not be liable for any loss or damage, costs or additional charges that may arise from any of these matters.
4. Goods not to be submitted for removal or storage. The following items are specifically excluded from this contract. Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of any similar kind. Prohibited or stolen goods, drugs, potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition. Plants or goods likely to encourage vermin or other pests or to cause infestation. Refrigerated, frozen food or drink. Any animals and their cages or tanks including pets, birds or fish. Goods, which require special licence or government permission for, export or import. Such goods will not be removed by us except with our prior written agreement. In the event that we do remove such goods, we will not accept liability for loss or damage wholly or mainly attributable to the special nature of the goods concerned. If you submit such goods without our knowledge and prior written agreement, we will not be liable for any loss or damage and you will indemnify us against any charges, expenses, damages or penalties claimed against us. In addition, we shall be entitled to dispose of (without notice) any such goods, which are listed under paragraph
5. Ownership of the goods. By entering into this contract, you declare that: The goods to be removed and/or stored are your own property, or the person(s) who own or have an interest in them, have given you authority to make this contract, and have been made aware of these conditions. You will meet any claim for damages and/or costs against us if these declarations are not true.
6. Charges if you postpone or cancel the removal. If you postpone or cancel this contract, we may charge according to how much notice is given before the removal starts. More than 3 days: NIL. Less than 3 days, but more than 24 hours Upto 30% of the estimated removal charge. Less than 24 hours upto 60% of the estimated removal charge.
7. Paying for the Removal Unless otherwise agreed by us in writing: Payment is required, by cleared funds in advance of the shipment date or storage period. You may not withhold any part of the agreed price. In respect of all sums, which are overdue to us,.
8. Our Liability for loss or damage for loss or damage is limited, as set out in clause 8(a) below. You may request us to increase our liability, as set out in clause 8(c) below, subject to our express written agreement in advance of carrying out the removal and/or storage and payment of an additional charge.
8a) In the event of our losing or damaging your goods, if we are liable, we will pay you up to a maximum sum of £100.00 sterling for each item which is lost or damaged, to cover the cost of repairing or replacing that item. Or
8b) We may choose to repair or replace the damaged item. If an item is repaired we are not liable for depreciation in value.
8c) Always subject to receiving your itemised valued inventory and request in writing to increase our liability, prior to the removal and/or storage commencing, we may offer to extend our maximum liability to the value declared by you to us. This is not an insurance on the goods and you are strongly advised to arrange insurance cover for all insurable risks. You are advised to show this contract to your insurance company. For the purposes of clauses 8(a), 8(b) and 8(c), an item is defined as any one article, suite, pair, set, complete case, carton, package or other container. 8d) Other than by reason of our negligence, we will not be liable for any loss, damage or failure to produce the goods if it is caused by those circumstances set out in the following: By fire howsoever caused. By war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control. By 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. By moth or vermin or similar infestation. By cleaning, repairing or restoring unless we did the work. To any goods in wardrobes, drawers or appliances, or in a package, bundle, case or other container not both packed and unpacked by us. For electrical or mechanical derangement to any appliance, instrument or equipment unless there is evidence of external impact. To jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of a similar kind, howsoever caused, unless you have previously given us full particulars with value, and we have confirmed in writing that we accept responsibility as in conditions 8(a) or 8(c) above. To any goods, which have a relevant, proven, defect or are inherently defective. To animals and their cages or tanks including pets birds or fish. To plants. To refrigerated or frozen food or drink. Other than by reason of our negligence, we will not be liable for damages or costs resulting indirectly from, or as a consequence of loss, damage, or failure to produce the goods. No employee of Zambezi Freight Services shall be separately liable to you for any loss, damage, mis-delivery, errors or omissions under the terms of this contract.
9. Extra conditions that apply to removals to / from a foreign country outside the United Kingdom- For goods destined to, or received from a place outside the United Kingdom. We will accept liability only for loss or damage to goods when they are in our actual possession, and if it can be proven that we were negligent. In such circumstances, we will accept liability as in condition 8(a) or 8(c) above. We are not liable for any loss, damage or failure to produce the goods if it is caused by those circumstances set out in condition 8(d) above. 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. 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 have limited recourse against the carrier, and 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. We do not accept liability for goods confiscated, seized or removed by Customs Authorities or other Government Agencies.
10. Time limit for claims. For goods which we deliver, you must note any visible loss, damage or failure to produce any goods at the time of delivery. If you or your agent collect from our warehouse, you must note any loss or damage at the time the goods are handed to you. Notwithstanding clause 8, we will not be liable for any loss of or damage to the goods unless a claim is notified to us or our foreign correspondent in writing as soon as such loss or damage is discovered (or with reasonable diligence ought to have been discovered) and in any event within seven (7) days of collection of the goods from us or delivery of the goods by us, as the case may be. The time limits referred to in clause 10 above shall be essential to the contract. Upon your written request we may at our discretion agree to extend your time for compliance with clause 10 (c), PROVIDED your request is received within the time limits provided for and subject to this proviso we will not unreasonably refuse such a request.
11. Delays in transit. Other than by reason of our negligence, we will not be liable for delays in transit. If through no fault of ours we are unable to deliver your goods, we will take them into store. The contract will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense.
12. Damage to premises or property other than goods. We will not be liable for any damage to premises or property other than goods submitted for removal and/or storage unless we have been negligent. If we cause damage as a result of moving goods under your express instruction, against our advice, and where to move the goods in the manner instructed would inevitably cause damage, we shall not accept that we were negligent. 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. This is essential to the contract.
13. Our Right to Hold the Goods (lien). We shall have a right to withhold and/or ultimately dispose of some or all of the goods until you have paid all our charges and any other payments due under this or any other contract. These include any charges that we have paid out on your behalf. While we hold the goods and wait for payment you will be liable to pay all storage charges and other costs incurred by our withholding your goods and these terms and conditions shall continue to apply.
14. Disputes If there is a dispute arising from this agreement- which cannot be resolved, the case will be settled under British Law through British Courts.
Our right to sub-contract the work- We reserve the right to sub-contract some or all of the work. If we sub-contract, then these conditions will still apply.
Route and method- We have the full right to choose the route for delivery. Unless it has been specifically agreed in writing on our Quotation, other space/volume/capacity on the vehicles and/or the container may be utilised for consignments of other customers.
15. Advice and information- Advice and information in whatever form it may be given is provided by the company for the customer only. Any oral advice given without special arrangement is provided gratuitously and without contractual liability.
16. Applicable law- This contract is subject to British Law.