1. OUR QUOTATION.
Our Quotation is provided free of charge and with no obligation.
Back2Market do not request Deposits. Payment instead is to be made at the end of the clearance or within 7 days of receipt of invoice – see Section 7 for further details.
We may change the price or make additional charges if circumstances are found to apply which have not been taken into account when preparing our quotation, for example;
• If we provide additional services,
• Make additional trips other than that originally agreed,
• You or your representative were not available at the agreed Clearance and/or Cleaning time (if appropriate) to let us into the property,
• If items that were included when the quotation was given are no longer available to clear or purchase from you.
• If additional items require clearing that were not referred to when the original quotation was given.
2. YOUR RESPONSIBILITY
It will be your sole responsibility to;
• Be present or represented during the clearance and/or clean, or to allow us access to the property either by providing us with keys in advance or access to keys via a third party or secure, agreed location (such as keysafe) prior to the clearance and/or clean.
• Ensure that we adequate access to the property that is free from obstacles, restrictions, hazards and potential health and safety risks to us and our vehicles.
• To have arranged disconnection of all Gas and or Electrical items/appliances to be cleared prior to the commencement of the clearance.
• Take all reasonable steps to ensure that items not to be cleared by us are clearly separated, marked accordingly or removed prior to our quotation and clearance or that you (or your representative) is available to advise us of these items accordingly.
• Take all reasonable steps to ensure that items that have been included during our quotation are then available for us to clear. Otherwise additional charges or a change to the price may occur.
• 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.
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.
3. OUR RESPONSIBILITY
• It is our responsibility to ensure that we provide the clearance service and/or cleaning service as agreed in our quotation.
• Not to remove items previously agreed as excluded from the clearance.
• To take all reasonable steps not to cause damage to your property as a direct consequence of our clearance and/or cleaning service, subject to you having met your responsibilities to us in that clearance and/or cleaning service.
• Should we cause any accidental damage we will take responsibility to rectify this either ourselves or through suitable trades people.
• If we fail to discharge our responsibilities we will be liable under this agreement to compensate you for such failure.
• We will not be liable to compensate you unless loss or damage occurred as a result of negligence or breach of contract on our part.
4. GOODS NOT PERMITTED FOR CLEARANCE OR STORAGE
Unless previously agreed in writing with us, the following items/classes of items must not be submitted for clearance and/or storage and will under no circumstances be cleared and/or stored by us;
• Prohibited or stolen goods, drugs, pornographic material, potentially dangerous, damaging or explosive items, including; gas bottles, aerosols, paints, firearms and ammunition.
• Items requiring a controlled environment.
• Goods which require a special licence.
If we do agree to clear and/or store such items, we will not accept liability for loss or damage unless we are negligent or in breach of contract, in which case all these conditions will apply.
If you submit such items without our knowledge we will make them available for our collection and if you do not collect them within a reasonable time, we will apply take the necessary action to dispose of the items in the appropriate way such as applying for a Court Order. You will furthermore pay to us any charges, expenses, damages, legal costs or penalties incurred by us.
5. OWNERSHIP OF THE ITEMS CLEARED/STORED
By entering into this agreement you guarantee that;
• The items/goods to be cleared 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 pay us for any claim for damages and/or costs brought against us if either of these clauses is not true.
• Items to be cleared upon agreement of these terms and conditions and acceptance of our quotation become the property of Back2Market.
This does not include items to be only stored by Back2Market, which of course remain in your ownership.
6. YOUR RIGHTS TO CANCEL
As part of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013:
• The customer has a right to cancel this contract starting 14 days from the day this contract is made provided the customer has informed the trader in writing, by telephone call, text or email.
• If a customer has agreed in writing to the service being started within the 14 day cancellation period they can still cancel but Back2Market shall be entitled to payment for all works completed up until the date of cancellation
If you postpone or cancel this Agreement after the 14 day cancellation period, we will not ordinarily charge you if reasonable notice is given. However, we reserve the right to charge you if;
• You give us less than an hour’s notice or less notice than our travel time plus one hour
• You do not give us any notice
• We have already incurred costs in relation to the Clearance and/or Cleaning service
7. PAYMENT AND CHARGES
Preferred methods of payment are;
• Bank Transfer to; Back2Market. Sort Code: 518101. Account No: 82598894. Within seven days of receipt of our invoice.
• Cheque payable to: Back2Market. Either given to us at the end of the clearance and/or cleaning service or posted to us within seven days of receipt of our invoice.
• We will accept cash payments, but only when passed to proprietor, Paul Beddow, and this is not our preferred payment method.
• You may not withhold any part of the agreed price.
• In respect of all sums which are overdue to us, we will charge interest on a compounded daily basis calculated at 4% per annum above the prevailing base rate for the time being of the Bank of England.
• We will charge a £15 administration fee for processing and taking action on overdue accounts.
• Should any cheques or payments be declined we will charge the actual referral fee that applies at the time as charged by our bank (Nat West) plus a £15 administration fee.
8. DETERMINATION OF AMOUNT OF OUR LIABILITY FOR LOSS OR DAMAGE
• We confirm that we hold Public Liability Insurance.
• We confirm that we hold Employer’s Liability Insurance.
• In the event of loss or damage to you and your goods (other than those that transfer to the ownership of Back2Market) and/or property during our clearance and/or cleaning service, our liability to you is to be assessed as a sum equivalent to the cost of their repair or replacement, whichever is a similar sum, taking into account the age and condition of the goods and/or property immediately prior to their loss or damage.
• Where the loss or damage is to an item 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 set.
• If we cause loss or damage to premises or property other than goods for clearance and/or cleaning, as a result of our negligence or breach of contract, our liability shall be limited to making good the damaged area only.
• If we cause loss or damage as a result of clearing and/or moving items and/or cleaning items or areas against our advice, and where to do so in the manner instructed by you is likely to cause damage, we shall not be liable.
9. EXCLUSIONS OF LIABILITY
Other than as a result of our negligence or breach of contract, we will not be liable for any loss of, damage to, or delay/failure to provide the clearance, storage, cleaning or other service quoted for if caused by any of the following circumstances;
• Indirect or consequential loss of any kind or description.
• 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 vermin, moth, insects, and similar infestations, damp, mould, mildew or rust.
• By change to atmospheric or climatic conditions.
• For any goods which have a pre-existing defect or are inherently defective.
• Fire or explosion.
• Loss or damage arising from ionizing radiations or radioactive contamination.
• War, invasion, acts of foreign enemies, hostilities, civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our control.
• Loss or damage arising from Chemical, Biological, Bio-chemical, Electromagnetic Weapons and Cyber Attack.
No employee (or contractor/sub-contractor) of ours shall be separately liable to you for any loss, damage, misdelivery, errors or omissions under the terms of this Agreement.
Our liability will cease upon completion of the clearance, and/or cleaning service, and/or storage service.
10. TIME LIMIT FOR CLAIMS
We will not be liable for any loss or damage unless a claim is notified to us 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 days of completion of the service by us.
• We adhere to the Which? Trusted Traders Code of Conduct. You can ask us for a copy of this or access it at the Which? Trusted Traders website – www.trustedtraders.which.co.uk.
• In the unlikely event of a dispute arising we will endeavour to resolve this with you as soon as possible.
• If there is a dispute arising from this agreement which cannot be resolved, subject to the agreement of both parties, either you or we may refer the dispute to Ombudsman Services via Which? Trusted Traders or an arbitrator appointed by the Chartered Institute of Arbitrators. The cost of any such arbitration will be at the discretion of the arbitrator. This does not prejudice your right or our right to commence any other proceedings, such as Court proceedings.
Disputes/complaints can be reported to: Paul Beddow of Back2Market;
• By email to: Back2Market@hotmail.co.uk
• By telephone to: 01935 509057 or 07853 275379
• Or by post to: 60 Rosebery Avenue, Yeovil, BA21 5LQ
12. OUR RIGHT TO SUB-CONTRACT THE WORK
• We reserve the right to sub-contract some or all of the work.
• If we sub-contract, these conditions will still apply.
13. ROUTE AND METHOD
• We have the right to choose the method and route by which we carry out the work.
• Unless it has been specifically agreed otherwise in our Quotation, other space/volume/capacity on our vehicles and/or the storage used may be utilized for consignments/services provided to other customers, where appropriate and relevant.
14. APPLICABLE LAW
This contract is subject to the law of the country in which the office of the company issuing this contract is situated.
15. YOUR FORWARDING ADDRESS (STORAGE SERVICES ONLY)
• If we are storing goods/items for you, you must provide full contact details (address, all available telephone numbers and email address) and notify us of any changes. All correspondence and notices will be considered to have been received by you seven days after sending it to your last address recorded by us.
• If you do not provide such 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 and/or on social media sites such as our Facebook page. Such notice will be considered to have been received by you seven days after the publication date of the newspaper or social media post/article.
• We will charge you any costs incurred in establishing your whereabouts.
16. REVISION OF STORAGE CHARGES
We review our storage charges periodically. You will be given three months notice in writing of any increases.
17. OUR RIGHT TO SELL OR DISPOSE OF THE GOODS
• Goods/items cleared by us (purchased, free clearance or paid for clearances) become the property of Back2Market as per the earlier clause and are for Back2Market to sell or dispose of as determined and when determined by Back2Market.
• We hold an Environment Agency Waste Carriers Licence.
• Any items disposed of us are done so responsibly and in accordance with our Waste Carriers Licence.
• Items stored by us: if payment of our charges relating to your goods is in arrears, and on giving you one month’s 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 will be paid to you without interest. If the full amount due is not received we may seek to recover the balance from you.
18. TERMINATION OF STORAGE CONTRACTS
• If payments are up to date, we will not end this contract except by giving you one month’s notice in writing.
• If you wish to terminate your storage contract you must give us at least 10 working days’ notice (excludes weekends and bank holidays).
• 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.