Terms & Conditions

GENERAL
1. These terms and conditions form the basis of the contract between Trek
Removals trading as London City Storage and you the customer. It defines
and sets out the rights, obligations, and responsibilities of both you and us
under this contract. It is a legally binding contract and so it is important that
both parties know where they stand. It does include provisions that limit our
responsibilities and potential liability to you. We specifically draw your
attention to these.
2. Where we use the word “you” or “your” it means the customer; “we”, “us” or
“our” means us as named above. Where we use the word “goods” this refers
to the items that are to be subject to the removal or storage, pursuant to this
contract.
3. It is important that you read and understand the terms and conditions that will
apply to this contract before signing. If there is anything that you do not
understand or do not wish to agree to, then please discuss it with us before
signing and returning the quotation. Only enter into this contract if you wish to
be bound by the terms and conditions set out below.
4. You accept and acknowledge that these terms and conditions include serious
restrictions of our potential liability to you.
5. Please refer to clauses 37-50 which detail the limit of our Liability for loss or
damage.
OWNERSHIP OF GOODS 6. IMPORTANT NOTE You hereby agree and confirm
that you are either: (a) the owner of the goods; &/or (b) are duly authorised by the
owner or owners of the goods to enter into this contract on these terms for and on
behalf of the owner(s).
7. You shall be responsible for any losses, expenses, or other costs incurred by
us which are caused by: (a) an untrue statement made deliberately by you;
&/or (b) the statement at clause 6 not being true.
GOODS THAT WE WILL NOT ACCEPT FOR REMOVAL OR STORAGE 8. We will
happily remove and store most items that you may wish to submit for removal or
storage. However, we are subject to clauses 9-11 below, unable in the normal course
of business to accept any of the following types of items: (a) Any living thing,
including any animals, birds, fish, reptiles and plants; (b) Any goods that are likely to
encourage vermin or other pests or to cause infestation; (c) Any goods that require a
special licence; (d) Any goods that require government permission to import or
export; (e) Any food &/or drink that is, or needs to be, refrigerated or frozen; (f) Any

drugs; (g) Any stolen or prohibited or illegal goods; (h) Any goods that are potentially
dangerous, explosive or otherwise liable to cause damage. This includes but is not
limited to firearms, ammunition, paints, aerosols and gas bottles and canisters; (i)
Any jewellery, including trinkets and watches, and precious stones or metals or items
made from precious metals or including precious stones; (j) Any money, securities,
financial or legal documents, including but not limited to share certificates and
leases; (k) Any collections of stamps, coins or other similar collectable items.
9. If you intend to submit any such items for removal or storage you must
declare this to us in advance of the removal or storage being undertaken. In
such circumstances we shall not be obliged to remove or store the items in
question unless we have confirmed in writing that we are willing to do so. If we
do agree to remove or store the items in question we shall be entitled to
charge extra in respect of the same. If you are not happy with the extra
charge levied then you shall be entitled to terminate this contract, before the
removal or storage commences.
10. If we do agree to accept such items for removal or storage then we shall not
be liable for any loss or damage that occurs due to the special nature or
sensitivities of the goods involved. Other than this exclusion we remain liable
for other losses as we would under the balance of this contract.
11. If such items are removed or stored by us without our knowledge and written
agreement to do so then we shall not be liable for any loss or damage to
those items whatsoever including but not limited to that occurring due to the
special nature or sensitivities of the goods involved. Furthermore, in such
circumstances you shall be responsible for any losses, expenses, or other
costs incurred by us which are caused by the special nature of the items in
question, such as but not limited to clean up costs and damage to other
goods.
WHAT WE WILL DO 12. We shall: (a) pack the goods, if requested and have agreed
to do so; (b) remove them at the agreed time and date and deliver to the delivery
address; (c) unpack them, if requested and have agreed to do so; (d) store them, if
the contract provides for them to be stored. We shall at all times care for the goods
whilst they are in our custody and control showing all reasonable care in the
circumstances. We furthermore will endeavour to act and undertake our obligations
at all times in a professional manner.
13. We shall only remove or deliver items into a loft, or similar space, if it is safe,
which shall include but shall not be limited to being adequately lit and floored,
and the access to it being safe.
WHAT WE WILL NOT DO 14. There are certain things that we do not do and which
are not covered under this contract. They are: (a) dismantling or assembling flat pack
furniture, or a property’s fitments or fittings; (b) disconnecting or reconnecting any

equipment or appliances; (c) securing or preparing for transit, as but not limited to
securing washing machine drums; (d) taking up or laying fitted floor coverings of any
kind; (e) removing storage heaters unless they are already disconnected and
adequately dismantled.
15. Our staff are not authorised or qualified to carry out such work. We
recommend that a proper qualified person be separately employed by you to
carry out these services.
OUR QUOTATION 16. The quotation provided is for a fixed price for the work
presented. It is based on our contracting to remove &/or store the goods subject to
these terms and conditions.
17. The quotation will remain open for a period of 28 days from the date of the
quotation. After then it shall be treated as having been automatically
withdrawn.
18. The contract will be formed when you sign, where indicated, and return the
quotation to us and it is received by us. This will form a legally binding
contract between you and us. That contract will be subject to these terms and
conditions. You should only sign and return the quotation if you are happy with
the quotation and these contract terms and conditions and wish to enter into a
legally binding contract on these terms and conditions.
19. If you make any amendment to the quotation when returning it to us then this
will not act as an acceptance of the quotation. However if we decide to go
ahead with the removal or storage, subject to the amendment then it will still
be subject to a contract on these terms and conditions. However where you
seek to amend the quotation we shall also be able to reject the alterations and
not undertake the work for you, or to re-quote for it subject to your proposed
amendments.
20. For the avoidance of doubt the following matters or circumstances have not,
unless otherwise agreed, been taken into account or included in the quotation:
(a) Removal not commencing, other than because of our breach, within 3
months of acceptance of the quotation; (b) The work being undertaken on a
weekend or public holiday; (c) Collection or delivery other than to the ground
or first floor of a property; (d) Removal or storage of extra goods that have not
been shown or made known to us; (e) Provision of extra services; (f) Removal
or storage of any goods mentioned at clause 8; (g) Any costs, charges or fees
that are incurred, including parking fees and permits, in undertaking any
removal; (h) The properties involved not having proper &/or adequate access.
This includes but is not limited to, not being able to park within 20 metres of
the door to the property, the access being unsuitable for our vehicles or the
property being inadequate for the free and easy movement of the goods into
and within the property; (i) Changes to our costs due to changes in currency

values, taxation or freight charges which are beyond our reasonable control;
(j) Delays occurring for reasons that are outside our reasonable control.
21. If the removal or storage does include any of the matters set out at clause 20
and the quotation was not adjusted to take these into account then you will
pay to us the extra costs and expenses incurred because of the effect of
those matters.
22. The quotation shall not unless specified include a charge for arranging or
otherwise procuring insurance over the goods themselves during the removal
or storage.
YOUR RESPONSIBILITY 23. Whilst we have many responsibilities under this
contract there are some matters that you must be responsible for. These are: (a)
Being present, either yourself or through a representative, throughout the collection
and delivery of the goods; (b) Checking that all the goods are both collected and
delivered; (c) Checking that nothing is collected and/or delivered in error; (d)
Obtaining all necessary permits, licences, customs documents etc that are
necessary for the removal to take place; (e) Preparing the property and goods for the
removal, including but not limited to disconnecting all relevant appliances and
electronic equipment and emptying and de-frosting any fridges and freezers; (f)
Arranging proper security and protection for any goods that will be left in premises
which will be unattended or to which third parties may have access either prior to
collection or following delivery.
24. You must, before the commencement of the removal, provide us with a
contact address and contact details which we can use if we need to contact
you during the removal &/or storage of the goods. If these details change you
must inform us. If we contact you in writing using the details you have
provided we will be entitled to assume that you have duly received any
communication from us.
25. You shall be responsible for any losses, expenses or other costs incurred by
us arising from your failure to attend to any of the matters set out in these
clauses unless that loss was in fact caused by our negligence.
POSTPONEMENT AND CANCELLATION 26. By agreeing to undertake the removal
or storage we incur costs in preparing for it and also lose the opportunity to
undertake further work that would use the same resources. Because of this we may
suffer loss if you cancel this contract or postpone its performance. The amount we
will potentially lose will depend on when the cancellation &/or postponement occurs.
27. If you cancel or postpone more than 14 days before the removal date then
there shall be no charge payable by you.

28. If you cancel or postpone less than 14 days but more than 8 days before the
removal date then you shall pay to us a charge equivalent of 30% of the
agreed removal charge.
29. If you cancel or postpone 8 days or less before the removal date then you
shall pay to us a charge equivalent of 60% of the agreed removal charge.
PAYMENT OF OUR CHARGES 30. Clauses 31-34.1 set out the basis on which our
charges must be paid, unless we agree otherwise. (Amended cross-reference)
31. You will pay for all removal services, at the agreed rate, prior to the
commencement of the removal. This term is important to the contract and
unless we are paid with cleared funds prior to the commencement of the
removal we shall be able to treat the removal as cancelled on the date of
removal.
32. You will pay any other charges or monies that become due or payable under
this contract within 30 days of us sending you an invoice or request for the
same.
33. You will pay all storage charges one month in advance.
34. Interest shall accrue and you shall pay it on all overdue or outstanding monies
at a rate of 4% above the base rate of Royal Bank of Scotland plc.
34.1 If any invoices, storage charges, or other monies due under this contract remain
unpaid after the due date, you must pay us any reasonable third-party costs, debt
collection agency commissions, and legal fees that we naturally incur while
recovering those unpaid sums from you.
UNDERTAKING THE REMOVAL 35. We will undertake the removal and storage
with professional care and skill and taking reasonable account of all the
circumstances. However, we specifically reserve the right to undertake the removal
or storage in a manner that we think is appropriate including: (a) sub-contracting all
or part of the job to another removal or storage company; (b) choosing the route we
think is most effective; and (c) using such vehicles, containers and methods of
transport &/or storage as we believe are appropriate.
36. This does not however affect our responsibilities under this contract to take
care of your goods and to provide the services within the appropriate
timescales.
OUR LIABILITY FOR LOSS OR DAMAGE 37. We shall, in so far as it results from
negligence on our part and subject to the exclusions set out below, be responsible
for any damage done to the goods whilst they are in our custody and control under
the terms and conditions of this contract.
38. Other than when it results from negligence on our part we shall have no
liability for damage to the goods of any kind whatsoever.

39. We shall, insofar as it results from negligence on our part and subject to the
exclusions set out below, be responsible for the loss of any goods whilst they
are in our custody and control under the terms and conditions of this contract.
40. Other than when it results from negligence on our part we shall have no
liability for loss of goods howsoever arising.
41. (a) Our liability to you will not exceed £40 per item lost or damaged. For the
avoidance of doubt where goods have been packed in a wardrobe, drawer,
case, box or other type of container then the liability shall be £40 for the
container and the items in it. (b) However, where you advise us of the value of
your goods, prior to the removal and storage commencing, we may accept an
increased liability up to a maximum of £50,000 in the event of the total loss of
your goods subject to an additional charge. Where the loss of your goods
includes an item which 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.
42. If goods are lost or are damaged beyond repair then our liability will be, at
most, the value of the goods lost or damaged beyond repair. The value of the
goods, for the purpose of this contract, shall be their current replacement cost,
including due allowance in respect of age, wear and tear and depreciation. All
liability and compensation for loss and/or damage shall be calculated on this
basis and not on a “new for old” basis.
43. If goods are damaged but can be repaired then our liability will be, at most,
the repair cost plus the amount that the goods have reduced in value, if at all,
because of the repair.
44. In respect of any particular item our liability will not under any circumstances
exceed the value of the item in question as defined by clause 42 above.
WHAT WE WILL NOT BE LIABLE FOR – IMPORTANT NOTE. THESE TERMS
EXCLUDE AND LIMIT OUR RESPONSIBILITIES AND LIABILITY TO YOU 45. We
shall not be responsible for any claim for loss or damage to the goods or for delay
where the total claim amounts to less than a total of £50.
46. Other than where losses occur because of negligence on our part we will not
be liable for losses arising from: (a) Fire; (b) War, invasion, acts of foreign
enemies, hostilities (whether declared or not), civil war, terrorism, rebellion
&/or coup, Act of God, industrial action or other events outside our reasonable
control; (c) Normal wear and tear, ageing, natural or gradual deterioration,
leakage or evaporation; (d) Incidence of moths, vermin or similar infestation;
(e) Cleaning, repairing or restoring, unless we agreed to do the work; (f) For
electrical or mechanical derangement to any appliance or equipment unless
there is evidence of external impact damage; (g) Any inherent defect in the

goods; (h) Indirect or consequential loss of any kind or description; (i)
Changes of atmospheric or climatic conditions; (j) Damage to motor bikes or
other motor vehicles unless we have issued a pre-collection condition report;
(k) Damage to any motor bike or other motor vehicle moving under its own
course of loading and unloading.
47. Other than where losses occur because of negligence on our part we will not
be liable for: (a) Loss or damage to the goods that occurs before we have
taken possession, custody and control of the goods; (b) Loss or damage to
the goods that occurs after we have delivered or handed over the goods to
you or to a party nominated by you; (c) Loss of goods that have not been both
packed and unpacked by us. This includes goods packed in wardrobes,
drawer cases, boxes or other type of container; (d) Damage to goods that
arises from the normal handling of those goods where those goods have not
been both packed and unpacked by us. This includes goods packed in
wardrobes, drawers, cases, boxes or other type of container regardless of the
apparent quality of the packing.
48. We shall not be responsible or liable if you submit for removal or storage any
of the goods listed at clause 8 without our agreement, in accordance with
clause 9. Such goods will be removed or stored entirely at your risk.
49. If we do agree in accordance with clause 9, to remove or store any of the
goods set out at clause 8 then our liability for loss and damage to them shall
be limited as set out in clause 10.
50. No employee of ours shall be separately liable to you for any loss, damage or
delay or other breach of this contract.
DELAYS IN TRANSIT 51. If the collection or delivery of the goods is delayed we will,
if the delay arises from our negligence, pay your reasonable expenses that arise as
a result of the delay, such as but not limited to reasonable hotel costs.
52. Under no circumstances shall our liability for delay exceed a total of £2,000.
53. Other than as set out in clauses 51 and 52 we shall not be responsible and
shall not have to indemnify or compensate you in respect of any costs or
losses arising from delay.
54. If we are unable to deliver the goods we may take them into store. Other than
where the delay results from our negligence the original removal &/or storage
contract will then be fulfilled and any additional service(s), including storage
and delivery, will be provided in accordance with these terms and conditions
and at your expense.
DAMAGE TO GOODS OR PROPERTY OTHER THAN THE GOODS BEING
MOVED OR STORED 55. We will not be liable for any damage whether to premises,
property, or the goods as a result of moving goods under your express instruction,

and against our advice where moving the goods in the manner instructed will
inevitably cause damage.
56. In any event we shall only be liable for damage to premises or property, other
than the goods being submitted for removal or storage, where such damage
arises due to negligence on our part.
57. Where damage to premises or property, other than the goods being submitted
for removal or storage, does occur we must ask that you inform us
immediately and note the damage on the worksheet or delivery receipt. In the
absence of such notification we will not be able to accept any liability for the
damage.
NOTIFICATION OF CLAIMS & TIME LIMITS FOR CLAIMS 58. In cases where we
deliver goods you must notify us of any visible loss, damage or failure to produce
any goods at the time of delivery. This should be noted on the worksheet or delivery
receipt.
59. If we do not deliver then you must notify us of any visible loss, damage or
failure to produce any goods at the time when you, or your representative,
take possession of the goods. This should be noted on the worksheet or
delivery receipt.
60. IMPORTANT: TIME LIMIT FOR NOTIFICATION OF CLAIMS All claims for
loss of or damage to goods must be notified to us in writing whether the goods
were unpacked or not within 7 days of delivery of the goods. In a case of loss
or non-delivery of all of the goods, the claim must be notified within 7 days of
the anticipated delivery date, or when you were informed of the loss,
whichever is the earlier. In all cases these time limits will apply unless a time
extension is requested by you within the 7 day period and agreed by us in
writing. We will not unreasonably refuse to grant such an extension of time.
OUR RIGHT TO WITHHOLD OR DISPOSE OF THE GOODS (LIEN) 61. We may
keep hold of all or some of your goods until you have paid all the charges you owe
us, even if the unpaid charges do not relate to those goods.
62. Furthermore we may sell all or some of your goods to recover any unpaid
charges. We can only do this after giving you 30 days written notice that we
intend to do so. If we do sell any of your goods, and the proceeds from the
sale are greater than the amount you owe us, we will pay you any excess
amount after deducting the cost of selling the goods.
63. Right to Dispose Under UK Law In addition to clause 62, and in accordance
with Section 12 of the Torts (Interference with Goods) Act 1977, London City
Storage may dispose of goods by sale, destruction or otherwise if: a. You fail
to pay all sums due within 30 days of our written notice of intention; or b. You

abandon the goods or cannot be contacted at your last known address. We
will:
64. Send you written notice giving you 30 days to pay and collect your
belongings;
65. After that period, proceed with disposal;
66. Apply net proceeds first to your outstanding charges and reasonable disposal
costs; and
67. Hold any remaining balance for you for six months, after which unclaimed
funds will be treated as London City Storage’s property.
ADVICE, INFORMATION AND THE BASIS OF AGREEMENT 64. In this document
we set out the terms and conditions of the contract between us. Please do not rely
on promises or claims, written or verbally made, that contradict the terms and
conditions of this document. In the event of any apparent contradiction between
these terms and conditions and a promise or claim made please refer to us for
clarification.
LAW AND JURISDICTION 65. This contract shall be subject to exclusive English
law and jurisdiction.
EXTRA CONDITIONS THAT APPLY TO THE STORAGE OF GOODS 66. If you
have failed to provide an address in accordance with clause 24 or if you fail to
respond to our correspondence then we shall be entitled to publish notices in an
area from which the goods were removed. The publication of such notice shall be
accepted as valid communication with you.
67. It is important that we both know what you have in store. Where we prepare
an inventory of the goods taken into store and this is forwarded to you this
must be checked. You must inform us as soon as possible of any
inaccuracies. It shall be assumed that if you do not bring any inaccuracies to
our attention within 7 days that you are in agreement with the contents of the
inventory. The 7 day period can be extended if you request a time extension
within the 7 day period and the same is confirmed in writing by us. We will not
unreasonably refuse to grant such an extension of time.
68. We reserve the right to review our storage charges periodically. We will inform
you of any change in the applicable rates by giving you notice in writing not
less than 2 months before the change in rates. The new rates will then apply
from the end of that 2 month period.
69. We reserve the right to terminate the storage contract by giving you not less
than 3 months notice in writing. If the goods have not been collected by you,
or on your behalf, or delivered to you or to your order, by the time the storage

contract terminates then the goods will thereafter only be held entirely at your
risk and we will have no liability for the same.
70. If you wish to terminate the storage contract you may do so by giving us not
less than 14 days notice in writing. Storage charges will then be payable up to
the end of the notice period or the date on which the goods are removed,
whichever is the later. All charges must be paid up to date before the goods
can be released. Once the charges are paid we will endeavour to release the
goods at a time that is convenient to you.
71. If you decide to collect the goods rather than having them delivered then we
reserve the right to charge a reasonable hand out charge for handing them
over. You are reminded that our responsibility for the goods ends in
accordance with clause 47. We must stress the importance of goods being
properly checked by you on delivery or handing over to you or your
representative.
EXTRA CONDITIONS THAT APPLY TO FOREIGN REMOVALS 72. The following
terms and conditions apply only where the goods are destined for or are received
from a place outside the United Kingdom: (a) We will accept liability only for loss or
damage to goods when it occurs whilst they are in our actual possession. For the
avoidance of any doubt goods will be deemed to remain in our possession when the
carrying vehicle is being carried on a ferry whether the vehicle’s crew are actually in
the vehicle or not. In such circumstances our liability will be ascertained as if it were
a domestic removal. If the loss or damage occurs whilst the goods are in possession
of another party, such as a shipping line, we will not be liable and you will have to
pursue any claim against that party. (b) Where we engage an international transport
operator, shipping company or airline, to convey your goods to or from a place, port
or airport, we do so on your behalf and the contract with that carrier shall be subject
to any terms and conditions set out by that carrier. (c) The carrier referred to at
clause 72(a) and (b) may restrict his liability by reference to contractual terms and
conditions and international conventions. These may severely restrict the potential
liability that the carrier has to you. (d) Furthermore you may become liable for
General Average contribution (that is the costs incurred to preserve the carrying
vessel and cargo in certain circumstances), salvage costs and costs of forward
transmission. (e) You are therefore strongly recommended to arrange adequate
marine/transit insurance cover over the goods. This is your sole responsibility and
we will not in any way accept liability if you fail to arrange adequate or appropriate
insurance cover over the goods. (f) We will not accept liability for goods occurring in
certain overseas countries including Gambia, Iran, Iraq, Nigeria, Libya, Lebanon,
Angola, Cambodia, Vietnam and North Korea or where the goods are confiscated,
seized or removed by Customs Authorities, or similar bodies and Government
Agencies other than in circumstances where such confiscation, seizure or removal
occurs due to our negligence.

NOTIFICATION AND ACCEPTANCE OF CREDIT NOTES 73. The Client must
notify the Company in writing of any disputes, discrepancies, or queries relating to an
invoice or credit note within three (3) calendar months from the date of the invoice.
All such issues must be brought to the Company's attention within this period. The
Company will only consider or issue credit notes for discrepancies identified within
this three-month timeframe and will not make any retrospective adjustments beyond
this period.
73.1 If no dispute or query is raised in writing within the three-month period, the
invoice shall be deemed accepted in full by the Client. The Company shall have no
obligation to issue, apply, or review any credit after this period.
73.2 The Client agrees to review all invoices and credit notes promptly upon receipt
and to maintain adequate records to ensure that any required notifications are made
within the prescribed timeframe.
73.3 For the avoidance of doubt, the Client acknowledges that the time and cost
required for the Company to investigate and verify credit notes beyond the three-
month notification period are disproportionate, and accordingly the Company shall
not be held liable for any credits not raised in accordance with this term.
GENERAL 74. The provisions contained in this contract are considered fair and
reasonable by the parties but if any provision shall be found to be unenforceable but
would be valid if any part of it were deleted or modified, the provision shall apply with
such modifications as may be necessary to make it valid and effective.