Introduction
These conditions explain the rights, obligations, and responsibilities of all parties to this Agreement. Where we use the word ‘You’ or ‘Your’ it means the Customer: ‘We’, ‘Us’ or ‘Our’ means the Removal Company. These terms and conditions can be varied or amended subject to prior written agreement. In Clauses 8, 9, 10, and 11 we limit or exclude our liability for loss and damage. We recommend you arrange insurance to cover your goods or premises. We can arrange insurance for your benefit upon written request only.
Any insurance offered will be separate to our terms and conditions and any losses or damages whatsoever should be taken up with the insurer of your goods. This applies whether arranged by you or by us. Fastmovers or its agents & sub-contractors in Ireland and abroad – at origin or destination will accept no responsibility for negligence, damages, breakages, or losses. You should insure your own goods and removal costs in the unlikely event of any damages or losses occurring.
By completing our online enquiry forms, you are accepting our Terms & Conditions whether you choose to use our services or not, even thou you may only be looking for a quotation and decide to use or not use our services at that time or a later date. Once you tick the box at the end of the Get Quote enquiry form that says “Please accept our terms and conditions”. you are accepting that Fastmovers will not accept any responsibility whatsoever as outlined above.
- Our Quotation
1.1 Our quotation, unless otherwise stated, does not include insurance, cancellation/postponement waivers, customs duties, port charges including (but not limited to) demurrage, inspections, or any fees, or taxes payable to government bodies or agencies.
1.1A Note: Prior to you sending your enquiry and pressing the send or “Get Quote” button via our website you are agreeing to our terms and conditions and confirm you have read and understand them. Do not request a quotation unless you have read our terms & conditions and understand their implications. All enquiries submitted via our Get Quote sections are given a unique numerical reference which is recorded in our data base. If you submit via our contact us section you are agreeing to our terms and conditions also, and confirming you read and understand them.
1.2 Our Quotation is valid for 30 days after confirmed booking received or date of issue. Unless already included in Our Quotation, reasonable additional charges will apply in the following circumstances:
1.2.1 If the work does not commence within twenty-eight days of acceptance;
1.2.2 Where We have given You a price including redelivery from store within Our Quotation and the re-delivery from store has not taken place within six months from the date of the issue of the quotation;
1.2.3 Our costs change because of currency fluctuations, changes in taxation, freight, fuel, ferry or toll charges beyond our control.
1.2.4 The work is carried out on a Saturday, Sunday, or Public Holiday or outside normal hours (09.00-17.30hrs) at your request.
1.2.5 We have to collect or deliver goods at your request above the ground floor and first upper floor.
1.2.6 If you or your agents request collection or access to your goods whilst they are in store;
1.2.7 We supply any additional services, including moving or storing extra goods (these conditions apply to such work).
1.2.8 The entrance or exit to the premises, 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.
1.2.9 We have to pay parking or other fees or charges (including fines where you have not arranged agreed suspension of parking restrictions) in order to carry out services on your behalf.
However you are responsible if we have to re deliver or use a subcontractor with a smaller vehicle where access does not permit a 12 – 18 meter truck to park and you have not advised us in advance of a collection or delivery that parking is an issue.
1.2.10 There are delays or events outside Our reasonable control which increase or extend the resources or time allowed to complete the agreed work.
1.2.11 We agree in writing to increase Our limit of liability set out in Clause 8.1 prior to the work commencing;
1.3 You agree to pay any reasonable charges arising from the above circumstances.
2 Work not included in the quotation
2.1 Unless agreed by us in writing, we will not:
2.1.1 Dismantle or assemble furniture of any kind
2.1.2 Disconnect, re-connect, dismantle or re-assemble appliances, fixtures, fittings or equipment.
2.1.3 Take up or lay fitted floor coverings.
2.1.4 Move items from a loft, unless properly lit and floored and safe access is provided.
2.1.5 Move or store any items excluded under Clause 4.
2.1.6 Dismantle or assemble garden furniture and equipment including, but not limited to: sheds, greenhouses, garden shelters, outdoor play equipment, and satellite dishes, or move paving slabs, planters and the like. OR we have to Provide boxes if you have stated NO to “do you require Our Packing Service on the enquiry form which means you are doing packing yourself. All boxes must be properly packed, numbered and sealed by you, and a general inventory provided for what is in each box. If a box is deemed not suitable by our packing crews which you have packed yourself, an additional cost of €18.00 per box packed and supplied will be charged for a 4 cubic foot box.
2.1.7 If items are not packed in suitable double walled cardboard cartons and taped, such as bags of all sorts / makes, open top boxes, plastic containers, lamp shades, and are deemed not suitable by our packing crews, or subcontractors at origin or destination. These items will need to be re-packed into suitable boxes by us and a fee of €16.00 per 4 cubic foot box will be charged for supplying and packing. The same applies where boxes are overloaded and not safe or suitable for lifting.
3 Your responsibility
3.1 It will be your responsibility to:
3.1.1 Arrange adequate insurance cover for the goods submitted for removal, transit and / or storage, against all insurable risks as our liability is limited under clauses 8.1 and 8.2.
3.1.2 Obtain at Your own expense, all documents, permits, permissions, licenses, customs documents necessary for the removal to be completed.
3.1.3 Pay for any parking or meter suspension charges incurred by Us in carrying out the work.
3.1.4 Be present or represented throughout the collection and delivery of the removal.
3.1.5 Where we provide you with inventories, receipts, waybills, job sheets or other relevant documents you will ensure that they are signed by You or Your authorized representative as confirmation of collection or delivery of the Goods.
3.1.6 Take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error.
3.1.7 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.
3.1.8 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
3.1.9 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
3.1.10 Ensure that all domestic and garden appliances, including but not limited to washing machines, dish washers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them;
3.1.11 Provide Us with a correct and up to date contact address and telephone number during removal transit and/or storage of goods along with correct measurements of items to be collected. If not provided correctly any of the clauses 6B, 6.B1, and 6.B2 will be enforced plus costs on top ( Min Cost Fees euro 100.00 ).
3.1.12 Arrange appropriate transport, storage or disposal of goods listed in clause 4
3.2 Other than by reason of our negligence or breach of contract, We will not be liable for any loss or damage, costs or additional charges that may arise from failure to discharge these responsibilities.
4 Goods not to be submitted for removal or storage
4.1 Unless previously agreed in writing by a director or other authorized company representative, the following items must not be submitted for removal or storage and will under no circumstances be moved or stored by us. The items listed under 4.1.1 below may present risks to health and safety and of fire. Items listed under
4.1.2 TO 4.1.7 below carry other risks and you should make your own arrangements for their transport and storage.
4.1.1 Potentially dangerous, damaging or explosive items, including gas bottles, aerosols, paints, firearms and ammunition.
4.1.2 Jewelry, watches, trinkets, precious stones or metals, money, deeds, securities, mobile telephones, portable media and computing devices, stamps, coins, or goods or collections of any similar kind.
4.1.3 Goods likely to encourage vermin or other pests or to cause infestation or contamination.
4.1.4 We shall notify you in writing as soon as practicable if any of the Goods, are in Our opinion hazardous to health, dirty or unhygienic or likely to attract vermin or pests and under what conditions we would be prepared to accept such Goods or whether we refuse to accept them. Should we refuse to accept the goods we will have no liability to you.
4.1.5 Perishable items and/or those requiring a controlled environment.
4.1.6 Any animals, birds, fish, reptiles or plants.
4.1.7 Goods which require special license or government permission for export or import.
4.1.8 Under no circumstances will Prohibited or stolen goods, drugs or pornographic material be moved or stored by us.
4.2 If you submit such goods without our knowledge we will make them available for Your collection and if You do not collect them within a reasonable time We may apply for a court order to dispose of any such goods found in the consignment. You agree to pay us any charges, expenses, damages, legal costs or penalties reasonably incurred by Us in disposing of the goods.
5 Ownership of the goods
5.1 By entering into this Agreement, you guarantee that:
5.1.1 The goods to be removed and/or stored are your own property, or the goods are your property free of any legal charge; or
5.1.2 You have the full authority of the owner or anyone having a legal interest in them to enter into this Agreement and You have made the owner fully aware of these terms and conditions prior to entering into this Agreement and that they have agreed to them.
5.1.3 If at any time following the implementation of this agreement to its termination another person has or obtains an interest in the goods you will advise us of their name and address in writing immediately.
5.1.4 You will provide a full indemnity and pay us in respect of any claim for damages and/or costs brought against us if either statement made in 5.1.1 or 5.1.2 is untrue.
5.1.5 If You wish to transfer responsibility of this Agreement to a third party You will advise Us in writing giving Us their full name and address. We will issue a new agreement to them. Our Agreement with You will remain in force until We have received a signed agreement from the third party.
6 Charges if you postpone or cancel the removal.
6.1 If you postpone or cancel this Agreement, We reserve the right to charge you a reasonable postponement or cancellation fee according to how much notice is given as set out below at 6.1A, 6.1.1 – 6.1.4. “Working days” refer to the normal working week of Monday to Friday and excludes weekends and Public Holidays. Where quote is an “hourly rate”, the move cost will be based on 6 hours min cost.
6.1A Once you have confirmed a booking in writing and emailed it to our company office, you are legally bound and accept full responsibility for any cancellation fees thereafter. Cancellation fees are charged at the rate of one full 8 hour working day at the agreed rate of €35 per hour based on a minimum fee €280 per day You are also responsible for any deposits paid to shipping lines, airlines or sub-contractors on your behalf which we paid in good faith to secure a booking based on your signed booking authorization.
6.1.1 Upon placing a booking you are responsible for that booking and Min costs applied in 6.1A above. If you cancel more than 10 working days before the removal was due to start: the min costs apply as per 6.1A and any deposits outlaid on your behalf. Plus up to 30 % of the quoted price.
6.1.2 Between 6 and 10 working days inclusive before the removal was due to start: up to 30% of the removal charge.
6.1.3 Less than 6 working days before the removal was due to start: up to 60% of the removal charge.
6.1.4 Within 48 hours of the move taking place; up to 75% of the removal charge.
6.1.5 On the day the work starts or at any time after the work commences up to
100% of our charges.
6.2 Cancellation/Postponement Waiver
If offered, and paid for in advance of the commencement of the services, we agree to waive the charges in Clauses, 6.1, 6.1A, 6.1.1, 6.1.2 & 6.1.3. Our agreement to waive the charges is conditional upon us receiving written notice of your intention to Cancel/Postpone no later than 17:00 hours on the preceding Working Day before Services commence. The Cancellation/Postponement charge will entitle you to only one Cancellation/Postponement.
6 (B) Cancellation of our service after providing us with incorrect information, and after collection / delivery commenced.
6. B.1. Fastmovers are not obliged to give any refund and will withhold 70 % of quoted price, plus any monies paid less costs of collection, storage and packing charges if we provided this as part of our quotation and service. If any other refund is agreed between the parties it must be in writing and less any other outlays already incurred, like bookings with shipping lines, or their representatives, sub-contractor fees for collection / delivery, paperwork cancellation fees, banking fees, credit card / administration fees.
6.B.2 All funds must be cleared through our bank prior to release of any goods to another carrier or third party. Should you wish to engage another company to complete your movement ,or collect your goods from our store or nominated warehouse / sub-contractors, all fees and outlays incurred by us up to this point including any storage costs, must have cleared our bank account, prior to collection or delivery been made. Cancellation must be received by you in writing confirming you have agreed our terms for any refund which we may have agreed in writing.
7 Payment –
As advised at time of booking, we must have all funds cleared by our Irish bank before we move your goods to its final destination.
7.1 Unless otherwise agreed by us in writing, payment is required in full by cleared funds at the time of booking the removal or storage period. In default of such payment, we reserve the right to refuse to commence removal or storage until such payment is received. Payment is facilitated by us using an Industry standard Credit Card payment facility or by bank transfer to our nominated bank account in Ireland.
7.2 In respect of all sums which are overdue to us, we will charge interest on a daily basis calculated at 10% per month for all outstanding monies due, which includes any additional storage costs and re-delivery costs until the balance is cleared.
8 Our liability for loss or damage
8.1 We do not know the value of your goods therefore we limit our liability to a fixed limit per item 50c or to 8% of the transportation costs charged in our quoted price. The amount of liability we accept under this agreement is reflected in our charges for the work. If you wish us to increase our limit of liability per item you agree to pay a higher price for the work as stated in Condition 1.2.11 (Our Quotation).
8.2 Unless otherwise agreed in writing or we are proved to be negligent or in breach of contract we will pay you up to €0.80c for each item which is lost or damaged as a direct result of any proved negligence or breach of contract on our part with a max of €3.80 per full individual carton.
8.3 For goods destined to, or received from a place outside the Republic Of Ireland :
8.3.1 We will accept no liability for any losses or damages other than that which you requested us to insure through our brokers. Any claims arising will only be dealt directly with the broker and not Fastmovers as we accept no liability for negligence losses or damages while moving your goods either through our sub-contractors in Ireland at origin or destination.
8.3.2 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. In the event of any claim, you will be asked to take it up directly with them as we will accept no liability under any circumstances or conditions.
8.3.3 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 may have limited recourse against the carrier depending upon the carriers particular terms and conditions of carriage, and you 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.
8.3.4 We do not accept liability for goods confiscated, seized, removed or damaged by Customs Authorities or other Government Agencies. It is also your responsibility to inform yourself of any destination Duties or Taxes that might be applicable to your goods been exported or imported.
8.4 For the purposes of this Agreement an item is defined as:
8.4.1 The entire contents of a box, parcel, package, carton, or similar container; and
8.4.2 Any other object or thing that is moved handled or stored by us.
9 Damage to premises or property other than goods
9.1 Because third party contractors or others are frequently present at the time of collection or delivery it is not always possible to establish who was responsible for loss or damage. Therefore our liability is limited as follows:
9.1.1 If we cause loss or damage to premises or property other than goods for removal as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.
9.1.2 If we cause damage as a result of moving goods under your express instruction, against our advice, and where moving the goods in the manner instructed is likely to cause damage, we shall not be liable under any circumstances.
10 Exclusions of liability
10.1 It is your responsibility to insure Your Goods. If You ask us in writing to arrange insurance cover for you. We will, be happy to provide it on your behalf based on the declared value you wish to have insured. If for any reason an insurance company deem that your value declared is not a valid insurable amount or market second hand value your correspondence should be directed to them only and not through us.
10.2 We shall not be liable for delays or failures to provide the services under this Agreement as a result of war, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, adverse weather, third party industrial action, re-scheduled sailing, departure or arrival times, port congestion, or other such events outside our reasonable control.
10.2 (A) We shall not be liable due to a Pandemic such as COVID-19 or any lockdowns / closures enforced by local authorities and governments in a country we are delivering to.
10.3 Other than as a result of breach of contract we will not be liable for any loss, or damage to goods as a result of:
10.3.1 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.
10.3.2 Moth or vermin or similar infestation.
10.3.3 Cleaning, repairing or restoring unless we arranged for the work to be carried out.
10.3.4 Changes caused by atmospheric conditions such as dampness, mold, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water.
OR
10.3.5 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by us.
10.3.6 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
10.3.7 For any goods which have a pre-existing defect or are inherently defective.
10.3.8 For perishable items and/or those requiring a controlled environment.
10.3.9 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
10.3.10 For items referred to in Clause 4.
10.4 No employee of ours shall be separately liable to you for any loss, damage, missed-delivery, errors or omissions under the terms of this Agreement.
10.5 Where goods are handed out from store our liability will cease upon handing over the goods to you or your authorized representative (see Clause 11.1 below).
10.6 We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
(A). there is no breach of this Agreement by Us or by any of Our employees or agents
(B) Such loss or damage is not a reasonably foreseeable result of any such breach.
11 Time limit for claims
11.1 If You or Your authorized representative collect the goods, We must be notified in writing of any loss or damage at the time the goods are handed to You or Your agent or as soon as practically possible but within a max 2 day period..
11.2 For goods which we deliver, you must give us detailed notice in writing of any loss and damage within 2 days of delivery by us. We may agree to extend this time limit upon receipt of your written request provided such request is received within 24 hours of delivery. Consent to such a request will not be unreasonably withheld.
12 Delays in transit
12.1 Other than by reason of our negligence or breach of contract, we will not be liable for delays in transit.
12.2 If through no fault of ours we are unable to deliver your goods, we will take them into store. The Agreement will then be fulfilled and any additional service(s), including storage and re-delivery, will be at your expense.
12.3 Any transit times quoted by us are estimated and based upon information known to Us at the time. Transit times may vary due to a number of factors outside Our control including but not limited to changes in sailing or departure dates made by the freight/shipping company, changes in the routes used by the freight/shipping company and port congestion. We will advise you of any material changes to the transit times as soon as we become aware. We will not be liable for any loss or damage incurred by you as a result of delays in transit times.
13 Our Right to Hold the Goods (lien)
“Lien” is the legal right of the remover to hold goods until the customer has paid all outstanding charges. We shall have a right to withhold and ultimately dispose of some or all of the goods if you fail to pay the charges and any other payments due under this or any other Agreement. (See also Clause 22). These include any charges that we have paid out on your behalf. While We hold the goods You will be liable to pay all storage charges and other costs (including legal costs) reasonably incurred by Us in recovering Our charges and applying Our right of lien. These terms and conditions shall continue to apply.
14. Disputes
If there is a dispute arising from this Agreement, which cannot be resolved, either party may refer it to their own independent legal institution.
15. Our right to sub-contract the work
15.1 We reserve the right to sub-contract some or all of the work.
15.2 If We sub-contract, then these conditions will still apply.
16 Route and method
16.1 We have the right to choose the method and route by which to carry out the work and the location in respect of storage.
16.2 Unless it has been specifically agreed otherwise in writing in our Quotation, other space/volume/capacity on our vehicles and/or the container may be utilized for consignments of other customers.
17. Advice and information for International Removals
We will use our reasonable endeavors to provide you with up to date information to assist you with the import/export of your goods. Information on such matters as national or regional laws and regulations which are subject to change and interpretation at any time is provided in good faith and is based upon existing known circumstances. It is your responsibility to seek appropriate advice to verify the accuracy of any information provided.
18. Applicable law
Any dispute between us will be governed by the Irish Court system. If you currently reside or are moving to a place outside the jurisdiction of the Courts of Ireland the Irish court system will still apply.
19.Your forwarding address
19.1 If you instruct us to store your goods, you must provide a correct and up to date address and telephone number and notify us if it changes. All correspondence and notices will be considered to have been received by you seven days after sending it by first class post to your last address recorded by us
19.2 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. Such notice will be considered to have been received by you seven days after the publication date of the newspaper. Note: If we are unable to contact you, we will charge you any costs incurred in establishing your whereabouts.
20. 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 24 hours of the date of our sending.
21. Revision of storage charges
We review our storage charges periodically. You will be given 14 days’ notice in writing of any increases.
22. Our right to Sell or dispose of the Goods
If payment of our charges relating to your goods is in arrears, and on giving You 7 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 amounts due to us, We may sell or dispose of some or all of 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 less our costs will be paid to you without interest. If the full amount due is not received, we may seek to recover the balance from you through our legal representatives.
23. Termination
If payments are up to date, we will not end this contract except by giving you 7 days notice in writing. If you wish to terminate your storage contract, you must give us at least 7 working days’ notice (working days are defined in Clause 6 above). 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.
24.Associations & Sub-contractors.
Fastmovers work exclusively with industry recognized bodies and sub-contractors. We reserve the right to use sub-contractors at any worldwide location in order to provide a door to door service.
24 (A) – Volumes quoted for, are based on the volumes Invoiced. If there are changes to the volumes you are giving us, you need to inform us EIGHT business working days in advance of collection / packing by our crews. Otherwise the volume quoted for will not be reduced if your volume decreases and any additional volumes in cubic feet or cubic metres not quoted for will be charged accordingly as we block book our vehicles in advance and that of our sub-contractors. Our vehicles are costed on being full and the space taken up at time of booking. If you book for example 5 Cubic Metres and on the day we collect / pack it turns out to be 3 cubic metres you will be charged for 5 CBM unless we are advised otherwise eight days in advance. It is the responsibility of the owner of the goods to advise Fastmovers the correct volumes. There is no exception to this ruling. Our “Get Quote” forms on our site are designed so you are in control of the number of items and volumes you are moving whether you pack yourself or our crews do it on your behalf.
25. Insurance.
Your goods are not insured unless you request it in writing. Neither FastMovers its sub-contractors or agency partners in Ireland, at origin or destination, will accept any responsibility for any losses or damages in the unlikely event of it happening. By signing our booking form and or agreeing to our rates quoted plus having accepted our online terms and conditions when you requested a quotation you are agreeing to this clause that your goods are not insured and that Fastmovers will not accept any responsibility for negligence, losses or damages whatsoever whether caused by us or not. Simply put – Your goods are not insured and you are responsible to have had them insured before you proceeded to signing our booking form and use our services.