1. Our Quotation
Our quotation is a fixed price. Unless otherwise stated it does not include insurance,
interstate taxes, entry taxes, other taxes, Octroi, customs duties and inspections or any
other fees payable to government bodies. 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.
a) You do not accept it in writing within 30 days, with a firm removal date to which we
agree in writing.
b) By your delay, the work is not carried out or completed within three months.
c) Our costs increase (or decrease) because of currency fluctuations or changes in
taxation or freight charges beyond our control.
d) The work is carried out Before or after office hours (9.30 AM to 5.30 PM) or on
holidays at your request.
e) We have to collect or deliver goods above the ground and first upper floor.
f) We supply any additional services, including packing, moving or storing extra
goods, (these conditions apply to such work)
g) 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 metres of the doorway, and this means we have to do extra work.
h) Any parking or other fees or charges that we have to pay in order to carry out
services on your behalf.
i) There are delays or events outside our reasonable control.
j) Any delay to the unloading of our vehicle upon arrival at the delivery address.
k) Overnight Detention of our vehicles.
l) Multiple Collections & Deliveries, unpacking on multiple days.
m) Collection or Deliveries are outside city limits.
In all these circumstances, you will pay the adjusted charges.
2. Work not included in the quotation
Unless agreed by us in writing we will not:
a) Dismantle or assemble furniture or fittings.
b) Disconnect or reconnect appliances, fixtures, fittings or equipment.
c) Take up or lay floor coverings.
d) Handyman services
e) Move items from a loft, unless properly lit, and floored and safe access is provided.
f) Move or store any items excluded under clause 4.
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
It will be your sole responsibility to:
a) Declare to us the value of the goods being removed and/or stored.
b) Arrange adequate insurance cover for the goods submitted for removal transit
and/or storage, against all insurable risks.
c) Obtain at your own expense, all documents, permits, licences, clearance from
Government bodies like archeological survey of India, customs documents
necessary for the removal to be completed.
d) Be present or represented through out the removal.
e) Take all reasonable steps to ensure that nothing that should be removed is left
behind and nothing is taken away in error.
f) Arrange proper protection for goods left in unoccupied or unattended premises, or
where other people such as (but not limited) tenants, servants or workmen are, or
will be present.
g) Prepare adequately and stabilize all appliances or electronic equipment prior to their
removal.
h) Empty properly, defrost and clean refrigerators and deep freezers. We are not
responsible for the contents.
i) Arrange pest control treatment and fumigation for goods and obtain clearance
quarantine clearance.
j) 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.
a) Antiques, Jewellery, watches, trinkets, precious stones or metals, money, deeds,
securities, stamps, coins, or goods or collections of any similar kind.
b) Prohibited or stolen goods, drugs, potentially dangerous, damaging or explosive
items, including gas bottles, aerosols, paints, firearms and ammunition.
c) Plants or goods likely to encourage vermin or other pests or to cause infestation.
d) Refrigerated or frozen food or drink.
e) Any animals and their cages or tanks including pets, birds or fish.
f) 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 paragraphs 4(b), 4(c) or 4(d).
5. Ownership of the goods
By entering into this contract, you declare that:
a) The goods to be removed and/or stored are your own property, or
b) 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
c) 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.
a) More than 3 days before the removal was due to start; NIL.
b) Less than 3 days, but more than 1 day before the removal was due to start; 10% of
the removal charge.
c) Less than 1 day before the removal was due to start; 20% of the removal charge.
7. Paying for the Removal
Unless otherwise agreed by us in writing:
a) Payment is required, by cleared funds in advance of the removal or storage period.
b) You may not withhold any part of the agreed price.
c) In respect of all sums which are overdue to us, we will charge interest calculated at
2% above bank annual lending rates
8 Insurance
Should you choose to arrange insurance through us, then
a) We will be at the liberty of choosing the insurance company.
b) In case of any damages or claims, all claims will be settled as per insurance
company’s terms and conditions. It will be your responsibility to follow insurance
claim procedures and produce necessary documents. We will not be held liable for
claims not settled by the insurance company in part or full.
c) Unless otherwise specified in writing, generally the insurance premium mentioned to
you are reseller rates and are inclusive of our service charges to arrange
insurance. Hence insurance premiums will be payable as per the premiums quoted
and not as per insurance company receipts.
9 Our liability to loss or damage
Our liability for loss or damage is limited, as set out in clause 9(a) below. You may
request us to increase our liability, as set out in clause 9(c) below, subject to our express
written agreement in advance of carrying out the removal and/or storage and payment of
an additional charge.
a) In the event of our losing or damaging your goods, if we are liable, we will pay you
up to a maximum sum of Rs. 250/= for each item which is lost or damaged, to
cover the cost of repairing or replacing that item. or
b) We may choose to repair or replace the damaged item. If an item is repaired we
are not liable for depreciation in value.
c) 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 accept the insurance
offered in our quote or if arranging insurance cover yourself, you are advised to
show this contract to your insurance company.
d) For the purposes of clauses 9(a), 9(b) and 9(c), an item is defined as any one
article, suite, pair, set, or complete case, carton, package or other container.
e) We shall not be responsible for any items which you claim is lost or missing if the
same has not be packed by us or clearly marked on the packing list prepared by
us.
f) Other than by reason of 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:
i. By fire howsoever caused.
ii. By war, invasion, acts of foreign enemies, hostilities (whether war is declared
or not), civil war, terrorism, rebellion and/or military coup, acts of God,
industrial action or other such events outside our reasonable control.
iii. By normal wear and tear, natural or gradual deterioration, Fading polish,
shrinking or expansion, paint peal off, leakage or evaporation or from
perishable or unstable goods. This includes goods left within furniture or
appliances.
iv. By mildew, moisture, moth, termites or vermin or similar infestation.
v. By cleaning, repairing or restoring unless we did the work.
vi. To any goods in wardrobes, drawers or appliances, or in a package, bundle,
case or other container not both packed and unpacked by us
vii. For electrical or mechanical derangement to any appliance, instrument or
equipment unless there is evidence of external impact.
viii. 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 9(a) or 9(c).
ix. To any goods which have a relevant proven defect or are inherently
defective.
x. To animals and their cages or tanks including pets, birds or fish.
xi. To plants.
xii. To refrigerated or frozen food or drink.
e) 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.
f) No employee of Globe Moving & Storage Co. Pvt. Ltd shall be separately liable to
you for any loss, damage, mis-delivery, errors or omissions under the terms of this
contract.
10. Extra conditions that apply to removals to/from a foreign country outside the
India
For goods destined to, or received from a place outside the India:
a) 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 9(a) or 9(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 9(d) above.
b) 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.
c) 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.
d) We do not accept any liability for goods confiscated, seized or removed by
Customs Authorities or other Government Agencies.
11. Time limits for claims
a). For goods which we deliver, you must note any visible loss, damage or failure to
produce any goods at the time of delivery
b). 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.
c). Notwithstanding clause 9, 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 (7) days of collection of the goods
from us or delivery of the goods by us, as the case may be.
d). The time limits referred to in clauses 10(a), 10(b) and 10(c) above shall be
essential to the contract.
e). 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.
f). The customer is liable for the first Rs. 1000/= of any claim.
12. Delays in transit
a) Other than by reason of our negligence, we will not be liable for delays in transit.
b) We will not be responsible for any delays at interstate check-posts or international
customs
c) 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.
13. Damage to premises or property other than goods
a) 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.
b) 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 will
inevitably cause damage, we shall not accept that we were negligent.
c) 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.
14. 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.
15. Disputes
If there is a dispute arising from this agreement, which cannot be resolved, all disputes
will be subject to the Courts of Bangalore Jurisdiction only.
16. Our right to sub-contract the work
a) We reserve the right to sub-contract some or all of the work.
b) If we sub-contract, then these conditions will still apply.
17. Route and method
a) We have the full right to choose the route for delivery.
b) Unless it has been specifically agreed in writing on our Quotation, other
space/volume/capacity on our vehicles and/or the container may be utilised for
consignments of other customers.
18. 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.
19. Applicable law
This contract is subject to the law of India.
EXTRA CONDITIONS THAT APPLY TO THE STORAGE OF GOODS
20. Your forwarding address
a) If you send goods to be stored you must provide an address for letters and notify
us if it changes. All correspondence and notices will be considered to have been
received by you seven days after posting it to your last address recorded by us.
b) If you do not provide an address or respond to our correspondence or notices, we
may publish such notices in a public newspaper in the area to or from which the
goods were removed.
21. 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 seven days or receiving it,
notifying us of any errors or omissions.
22. Revision of storage charges
We review our storage charges periodically. You will be given 30 days notice in writing
of any increases.
23. Our Right to Sell or dispose of the Goods
On giving you 30 days 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 debts due to
us we are entitled to sell or dispose of some or all 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.
24. Termination
If payments are up to date we will not end this contract except by giving you three
calendar months notice in writing. If you wish to terminate your storage contract, you
must give us at least 14 days notice. 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.
25. Hand out charges
If you make your own arrangements to collect the goods from our warehouse we are
entitled to make a charge for handing them over. Our liability will cease upon handing
over the goods.