Man and Van
Company
Terms and Conditions
These terms and 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 Man And Van
Company (MVC). These terms and conditions can be varied or amended at any time
at the discretion of MVC and the customer is hereby advised to consult these
terms and conditions on MVC website on a regular basis, particularly prior to
availing of man and van services via MVC website. Your attention is drawn to
clause 4, which sets out liability to you for any loss or damage to goods and
property.
1. Your Quotation
1.1. Our quotation, unless otherwise stated, does not
include customs duties and inspections or any other fees or taxes payable to
government bodies – this includes, but is not limited to, congestion & low
emission zone charges. Our quotation will include a total price for the service
and a initial payment payable in advance of services being provided. The
remainder of the quoted total price (that is, the total price minus the initial
payment) is payable directly to the scheduled service provider. Liability for
your goods resides at all times with the service provider (subject to clauses
2.2 and the provisions of clause 4). MVC will require service providers to
confirm that they have insurance and documentation; in particular full uk
driving license, a certificate of vehicle insurance, goods in transit
insurance, a certificate of Public Liability Insurance (optional) and are
permitted to work in the UK .
1.2. 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 and confirmed by us in writing. These include (but are
not limited to):
1.2.1. The specifications of the work to be carried out,
that was provided by you is significantly different to the actual work required
when the service provider arrives at his/her scheduled time.
1.2.2. The stairs, lifts or doorways are inadequate for
free movement of the goods without mechanical equipment or structural
alteration, or the approach, road or driveway is unsuitable for the service
provider’s vehicle(s) and/or containers to load and/or unload within 10 metres
of the doorway of the location for collection and/or delivery. Parking must be
available within 10 meters of the loading/unloading point and must have
suitable access for the size of van booked.
1.2.3. It is the customers responsibility to arrange
adequate parking with any appropriate permits. Parking must be available within
10 meters of the loading/unloading point and must have suitable access for the
size of van booked, and to allow the easy passage of items being moved. Parking
must be free from restrictions or permit enforcement during the entirety of the
move, any fines or charges levied against your service provider for parking
will be liable to be paid by yourself (the customer) in addition to the move
costs. If these conditions are not met the job will incur additional costs or
be subject to cancellation by the service provider with forfeiture of any
payment made and immediate payment of the remainder due.
1
1.2.3. The service provider has to pay for (including but
not limited to) parking, ferry, toll, overnight stay, storage or other
fees/charges in order to carry out services on your behalf.
1.2.4. There are delays or events outside our reasonable
control (including but not limited to traffic delays, extreme weather and
similar events), which increase or extend the resources or time required to
complete the agreed work (and upon which some or all of the quoted price is
based).
1.2.5. We or the assigned service provider agree in writing
to increase the limit of liability set out in clause 4.
1.3. In any such circumstances, adjusted charges will apply
and will become payable to the service provider directly.
1.4. Any changes to this booking agreed privately with your
service provider (not undertaken through contact with Man and Van Company will
not affect the terms of the booking and any charges will still be applicable
according to the terms accepted when the booking was placed, regardless of the
nature of changes made.
2. Work not included in the Quotation
2.1. Unless agreed by us in writing, MVC or our assigned
service providers will not:
2.1.1. Dismantle or assemble unit or system furniture
(flat-pack), fitments or fittings. Any such agreed assembly/disassembly is
performed at your risk and neither we nor the assigned service provider will be
liable for damage/breakages during such work. It is your responsibility to
provide any tools/equipment required for agreed work of this nature. Agreements
with your assigned service provider to dismantle or assemble unit or system
furniture (flat-pack), fitments or fittings do not form part of your contract
of service with MVC, any subsequent liability therefore lies solely with your
assigned service provider.
2.1.2. Disconnect, reconnect, dismantle or reassemble
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. (Properly lit, floored and safe access are
at the discretion of the service provider at all times).
2.1.5. Move or store any items excluded on your quotation.
2.1.6 Enter premises or undertake work that they deem to be
unsafe or unsanitary. In such an event work will not be undertaken and any
monies paid will be forfeit.
2.1.7 Be subjected to verbal or physical abuse/threats.
Should such occur they/we reserve the right to cease any work immediately and
any monies paid will be forfeit.
2.1.8 Move or store perishable goods. Perishable goods must
be removed from refrigeration devices before transportation. Neither Find My
Man and Van nor service providers are liable for any loss/deterioration of
perishable goods during your move.
3. Your responsibility
3.1. It will be your sole responsibility to:
3.1.1. Items transported with a value exceeds that covered
by the service providers Insurance are covered to their full value by insurance
held by you, the customer. MVC accept no responsibility for damage, loss or
breakages to customer goods or third parties during the duration of the work.
3.1.2. Obtain, at your own expense, all documents, permits,
permissions, licenses, customs documents, necessary for the collection and
delivery to be completed.
3.1.3. Be present or represented (by person or
documentation for collection or delivery/disposal) during the collection and
delivery of the removal, or the collection of a collect and deliver item.
3.1.4. Ensure an authorised signature on agreed
inventories, receipts, waybills, job sheets or other relevant documents (that
the service provider may require to be signed), by way of confirmation of
collection or delivery of goods.
3.1.5. Take all reasonable steps to ensure that nothing
that should be removed is left behind and nothing is taken away in error.
3.1.6. 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.
3.1.7. Prepare adequately and stabilise all appliances or
electronic equipment, prior to their removal.
3.1.8. Empty, properly defrost and clean refrigerators and
freezers. MVC or its assigned service providers are not responsible for the
contents of refrigerators or freezers.
3.1.9. Provide us with a contact address and
telephone/email details for correspondence during removal, transit and/or
storage of goods. Failure to provide a valid contact phone number and/or
address shall result in forfeiture of any monies paid in regard to your booking
should the allocated service provider not be able to contact you before the
booking date and time.
3.1.10. Provide a safe and clean environment for the
environment for the work to be carried out in. Unsafe environments include (but
are not limited to) verbal/physical aggression or threatening behaviour,
unsanitary or dangerous physical environmental factors. If the assigned service
provider deems any such to be present they are entitled to cease work
immediately and be reimbursed for the full value of the booked work. In such
circumstances any monies paid in regard to the booking will also be forfeit.
3.1.11. Provide a full and accurate inventory of the items
to be moved. If the inventory is not provided before the work is due to start
the booking may be cancelled at our discretion and any monies paid in regard to
the booking will be forfeit. If the supplied inventory does not accurately
reflect the items to be moved your service provider reserves the right to not
undertake transportation of any previously undeclared or misrepresented items.
Should the service provider agree to transport such items there will be
additional charges, which must be paid upon completion of the work. Any such
charges must be agreed with your service provider before commencement of work.
3.1.12. Ensure that the items in your booked inventory fall
within the legal weight and volume limits of the booked moving van. Also that
they can be safely transported without risk of damage if stacking is required.
Your service provider reserves the right to not load any items that would
result in the van being legally overloaded or that would result in damage to
items being loaded. In the event of non-transportation of such items payment
for the remainder of the work will still be due.
3.1.13. Allow your assigned service provider to complete
their work without physical and/or verbal intimidation. This includes (but is
not limited to) indication of non-payment for the work being undertaken. Your
service provider reserves the right to ask for full payment for the work at any
stage of its undertaking should they feel that non-payment is possible, this
may include delaying unloading of any goods until payment has been made.
3.2. In any such circumstances, adjusted charges will apply
and become payable.
4. Ours and the assigned service
provider’s responsibility
4.1. It is our responsibility to allocate and schedule a
service provider to service your specified needs, after you have provided your
details and specification of Job required via MVC website and after you have
made a payment for the initial payment quoted for that Job.
4.1.1. You agree that service providers allocated and
scheduled to service your specified needs are not employees of MVC and are
self-employed contractors who operate their own vehicles.
4.1.2. MVC act as an intermediary to schedule the most
appropriate service provider and vehicle for your specified needs and that once
the Job has been scheduled, it is the service provider’s responsibility to
service your needs for a direct payment to the service provider (less our
initial payment) upon completion of the Job. You agree that once the booking is
made the contract for its completion is between you the customer and the
assigned service provider and that said service provider will be responsible
for any loss incurred by non-fulfilment of that contract, excepting the amount
of the initial payment paid for the booking which will remain the liability of
MVC.
4.2. It is the allocated Drivers’ responsibility to ensure
that the allocated and scheduled service provider arrives for the Job at the
time and on the date agreed between you and us. You agree that the date
required by you, may not be available and that we will endeavour to schedule a
date and time as close to the date and time you specify for the Job. In any
case, we will inform you of the scheduled date and time in advance and make
arrangements with you if that date and time is not convenient.
4.3. It is our responsibility to advise you if the date and
time you request for the Job is not available as soon as possible. A booking
placed through us is provisional subject to confirmation by a man and van
provider registered with us. Should a provider not confirm to undertake the
work, for any reason, you agree that Man and Van Company will endeavour to find
a replacement provider at the booked price and rates. In the event of
non-confirmation of the booking by a provider, and no replacement provider being
available, your payment will be refunded and the booking cancelled. In the
event of cancellation by MVC or an allocated service provider you accept that
our liability extends solely up to the amount of the initial payment (or
deposit value if advance payment is made) for the booking made to MVC.
4.4. It is the assigned service provider’s responsibility
to deliver your goods to you, or produce them for your collection, undamaged.
By “undamaged” we mean in the same condition as they were in at the time when
they were packed or otherwise made ready for transportation. MVC do not provide
insurance cover. Goods in transit insurance and any applicable vehicle
insurance or licences and permits are owned by the service provider at all
times and any liability for loss or damage to a customer’s goods and/or property
as a result of work carried out by them resides with the assigned service
provider and/or their insurance provider.
4.5. In the event that any of your items and/or property
are damaged/lost in transit, it is the assigned service provider’s
responsibility to compensate you for the agreed cost of the damage/loss to your
item(s). All assigned service providers have declared they have goods in
transit insurance and therefore liability to reimburse you for any damages/loss
lies with them. Claims for damages/loss must be submitted within 7 days of the
moving date. Some insurance companies will only accept claims within 24 hours
of the move date, claims outside this period may be rejected and no liability
for such rejected claims will be held by either MVCor the assigned service
provider.
4.7. If you do not require the service provider to accept
standard liability pursuant to clause 4, our assigned service providers will
not be liable to you for failure to discharge the responsibilities identified
in clause 4.4, 4.5 and 4.6, unless that failure was caused by negligence on the
part of the assigned service provider. In the event that the failure was caused
by negligence on the part of the assigned service provider, the responsibility
for any loss or damage to your goods is the responsibility of the assigned
service provider.
4.8. Damage to Televisions/PCs/Monitors Please note that
MVC and assigned service providers will not take any responsibility for any
internal damage to a television/PC or Monitor without clear evidence of
external damage to the television/PC or Monitor. This will include but is not
exclusive to: * backlight ‘bleeding’; * colour banding or bleeding; * clouding
of the screen; or * pixel damage. Due to the sensitive nature of
televisions/computer equipment, without clear evidence of external damage, it
is impossible to prove who caused any internal damage.
4.9. Damage to Pianos (resultant damage to property) Please
note that MVC and assigned service providers will not take any responsibility
for damage caused to a piano during a removal. This includes any damage caused
by the removal of a piano to a property. Pianos should be moved by a specialist
piano mover due to the bulk, weight and awkwardness of the item. Although a
service provider will be prepared to move a piano on a customer’s express
instruction, no liability is accepted for any resultant damage. It is also a
requirement that the service provider is given prior notice,either via notes in
the booking process, or verbally prior to the move, that the move will involve
moving a piano.
4.10. If you indicate you wish to ride in the van as a
passenger you agree to ride in the van at your own risk, and accept that any
liability for injury or loss rests with the service provider who accepts your
booking and not with Man and Van Company. Quote prices do not include a
passenger charge, however a minimal cost to cover fuel is applied. Your service
provider will not charge any additional costs should you ride in the van. It is
your responsibility to verify liability and insurance for passenger carriage,
where applicable, with your service provider and that you are adequately
covered before work commences.
4.11. Issues with quality of service during the move, or
other issues that would result in a compensation claim (excluding damage
claims), must be reported to MVC before any payment is made to the assigned
service provider. This can be done by calling 03331230240. Outside of office
hours a voicemail should be left detailing the nature of the issue and the
booking reference. MVC accept no liability for non-damage claims presented once
payment has been made to service providers, and all liability for such claims
presented before payment is made to a service provider lie solely with that
service provider.
4.12. Your service provider will strive to arrive within
the booked time-slot, however this may be dependent on external factors such as
traffic, prior job over-run, van issues etc. These may unfortunately result in
unavoidable delays. Neither Man and Van Company nor your assigned service
provider will be liable for compensation in respect to delays in
arrival/journeys, or costs resulting from such delays.
5. Accounts
5.1. Certain parts of our website (such as registering as a
service provider) may require an Account in order to access them.
5.2. You may not create an Account if you are under 18
years of age.
5.3. When creating an Account, the information you provide
must be accurate and complete. If any of your information changes at a later
date, it is your responsibility to ensure that you contact us to change your
information.
5.4. We ask that you choose a strong password for your
Account, consisting of a combination of lowercase and uppercase letters,
numbers and symbols. It is your responsibility to keep your password safe. You
must not share your Account with anyone else. If you believe your Account is
being used without your permission, please contact us immediately. We will not
be liable for any unauthorised use of your Account.
5.5. You must not use anyone else’s Account.
5.6. Any personal information provided in your Account will
be collected, used and held in accordance with your rights and our obligations
under the Data Protection Act 1988.
5.7. If you wish to close your Account, you may do so at
any time. Closing your Account will result in the removal of your information.
Closing your Account will also remove access to any areas of our website
requiring an Account for access.
5.8. If you close your Account, any comments, reviews or
information you have created on our website will be deleted.
5.9. By registering an Account you give us permission to
use your company name and supplied image/logo/company description for the
purposes of communicating with customers, offering jobs and any further
relevant use in regard to conducting our business.
5.10. By registering an Account you give us permission to
use your company name and supplied image/logo/company description to show a
profile page for your company on our website which will contain this
information. Should you wish to opt out of a profile page you can do so by
notifying us by phone on 03331230240 or by email booking@manandvancompany.com
6. Special Requests
6.1. If you have any special requests, please let us know
at the time of booking. We will endeavour to pass on all such requests to the
service provider; however we cannot guarantee that they will be met and we will
have no liability to you if they are not.
7. Changes and Cancellations by you
7.1. Amendments can be made by calling +4420 3196 5575 at least 2 full business days before the booked service.
Amendments will take effect from the day of receipt, if the scheduled service
provider can accommodate the amendment. If an amendment cannot be accommodated
by the service provider, MVC shall endeavour to allocate and schedule an
alternative service provider and vehicle. MVC cannot guarantee that an
alternative service provider can be scheduled, as this depends on the
availability of an alternative service provider.
7.2. Whilst we will try to assist, we cannot guarantee that
any requests for amendments will be met.
7.3. Charges may apply for amendments or cancellations.
7.4. A cancellation request must be made by calling us on +4420 3196 5575 during office hours. Out of office hours please call +4420 3196 5575 and leave a voicemail, we will respond as soon as we are able.
7.5. If a booking has not been confirmed with a service
provider : payment made is fully refundable. If the booking date is in the past
and the booking has been confirmed : payment made is non-refundable. If a
booking has been confirmed and the service provider contact details have been
released : payment made is non-refundable, regardless of cancellation notice.
If a booking has been confirmed and the booking date is more than 2 days away :
payment made is refundable minus a charge of £30. If a booking has been
confirmed and the booking date is within 2 days : payment made is
non-refundable and the remaining balance due is to be paid to the confirmed
service provider.
7.6. A rescheduling request can be made by calling +4420 3196 5575 at least 2 full business days before the booked service. Bookings
may be rescheduled once free of charge, subsequent reschedules will be subject
to an administration charge of £30 payable to Man and Van Company before the
reschedule can be implemented.
7.7. A postponement request may be made by calling +4420 3196 5575 before office closing hours at least 2 full business days before
the day booked service (for example if your move is on Sunday we must be
notified by 5pm on the preceding Thursday). Postponed bookings will be placed
on hold for a period of 3 full calendar months from notification of
postponement, prior to rescheduling or expiration. Postponed bookings that
expire will forfeit any monies paid. Postponed bookings that are rescheduled
and subsequently are cancelled or fail to be confirmed will likewise forfeit
any monies paid. A postponed booking that is rescheduled must retain the
identical journey and items, changes to either of these will result in
additional charges. Should the revised cost of a postponed booking after
rescheduling be less than the original any additional monies paid will be
non-refundable. Bookings may be postponed once free of charge, subsequent
postponements will be subject to an administration charge of £30 payable to Man
and Van Company before the postponement can be implemented.
7.8. Any reschedule requests will incur a loss of your
initial payment if the original booking date has been confirmed with an
assigned service provider and a replacement cannot be found to meet the new
schedule.
7.9. Any reschedule or cancellation requests must be made
by speaking to our customer service team directly by calling +4420 3196 5575. Reschedule, postponement or cancellation requests will not be
accepted by text, email or other communication formats.
7.10. If a booking has been confirmed and accepted by a
service provider and is subsequently changed in any way (either through
rescheduling, postponement or other changes), the original costing for the
booking will apply if such changes would decrease the cost changed of the
booking. Additional charges will be applicable should such changes increase the
cost of the booking.
8. Changes and Cancellations by the Driver
8.1. We will inform you as soon as reasonably possible, if
the service provider needs to make a significant change to your confirmed
booking or to cancel it. We will use all reasonable efforts to find an
alternative suitable service provider for you at no extra cost, but we will
have no further liability to you.
9. If you have a complaint
9.1. If you encounter a problem with your service, please
inform the allocated service provider or call us by using the numbers given to
you on your booking email/sms on the day of the move. We will endeavour to
investigate the matter with the allocated service provider on your behalf and
put things right. Failure to notify us or the service provider concerned of
your complaint on the day of your move will affect our ability to investigate
the matter complained of and your rights under the agreement (in the case of
damage to goods transported and/or caused by the allocated service provider
please note 9.3 below).
9.2. If you have any service issues after the completion of
the scheduled Job, in relation to services booked with us, you should direct
them to us via the “Contact Us” menu item on our website or via email at booking@manandvancompany.com
, or by post to Man and Van Company, International House,
10 Beaufort Court, Admirals Way, London, E14 9XL. We will liaise with the
service provider and endeavour to resolve all service issues within 28 days of
notification.
9.3. Complaints regarding damages require that any damage
is recorded and confirmed with the allocated service provider before they leave
the premises. Man and Van Company Ltd is not liable for damage to goods being
moved or any damage to premises etc. during the move, all such responsibility
lies with the assigned service provider and they must be notified of such
damage directly before leaving the premises on completion of the work.
9.4. Please note that any complaints must be received in
writing within 28 days of the scheduled completion date of the booking.
13. Force Majeure
13.1. Force majeure means that neither we, nor your
assigned service provider, will pay you compensation if we or your assigned
service provider have to cancel or change the service because of unforeseeable
circumstances beyond our or your assigned service provider’s control. These can
include, but are not limited to, accidents and related delays, traffic delays,
unplanned marches, demonstrations and organised disruption, police operations,
unforeseen road hazards, terrorist activity and its consequences or the threat
of such activity, riot, the act of any government or other national or local
authority, fuel shortage, industrial dispute, natural or nuclear disaster,
fire, adverse weather conditions or other similar events outside our or your
assigned service provider’s control.
14. Disclaimers
14.1. The content of our website does not constitute advice
on which you should rely. It is provided for general information purposes only.
14.2. We make no representation, warranty, or guarantee
that our website will meet your requirements, that it will be of satisfactory
quality, that it will be fit for a particular purpose, that it will not
infringe the rights of third parties, that it will be compatible with all
software and hardware, or that it will be secure.
14.3. We make reasonable efforts to ensure that the content
on our website is complete, accurate, and up-to-date. We do not, however, make
any representations, warranties or guarantees (whether express or implied) that
the content is complete, accurate, or up-to-date. Please note that this
exception does not apply to information concerning services for sale through
our website.
15. Viruses, Malware and Security
15.1. We take all reasonable steps to ensure that our
website is secure and free from viruses and other malware. We do not, however,
guarantee that our website is secure or free from viruses or other malware and
accept no liability in respect of the same.
15.2. You are responsible for protecting your hardware,
software, data and other material from viruses, malware, and other internet
security risks.
15.3. You must not deliberately introduce viruses or other
malware, or any other material which is malicious or technologically harmful
either to or via our website.
15.4. You must not attempt to gain unauthorised access to
any part of our website, the server on which our website is stored, or any
other server, computer, or database connected to our website.
15.5. You must not attack our website by means of a denial
of service attack, a distributed denial of service attack, or by any other
means.
15.6. By breaching the provisions of sub-clauses 17.3 to
17.5, you may be committing a criminal offence under the Computer Misuse Act
1990. Any and all such breaches will be reported to the relevant law
enforcement authorities, and we will cooperate fully with those authorities by
disclosing your identity to them. Your right to use our website will cease
immediately in the event of such a breach.
16. Acceptable Usage Policy
16.1. You may only use our website in a manner that is
lawful and that complies with the provisions of this Clause 18. Specifically:
16.1.1. You must ensure that you comply fully with any and
all local, national or international laws and/or regulations;
16.1.2. You must not use our website in any way, or for any
purpose, that is unlawful or fraudulent;
16.1.3. You must not use our website to knowingly send,
upload, or in any other way transmit data that contains any form of virus or
other malware, or any other code designed to adversely affect computer
hardware, software, or data of any kind; and
16.1.4. You must not use our website in any way, or for any
purpose, that is intended to harm any person or persons in any way.
16.2. When submitting user content (or communicating in any
other way using Our Site), you must not submit, communicate or otherwise do
anything that:
16.2.1. Is sexually explicit;
16.2.2. Is obscene, deliberately offensive, hateful or
otherwise inflammatory;
16.2.3. Promotes violence;
16.2.4. Promotes or assists in any form of unlawful
activity;
16.2.5. Discriminates against, or is in any way defamatory
of, any person, group or class of persons, race, sex, religion, nationality,
disability, sexual orientation or age;
16.2.6. Is intended or otherwise likely to threaten,
harass, annoy, alarm, inconvenience, upset, or embarrass another person;
16.2.7. Is calculated or is otherwise likely to deceive;
16.2.8. Is intended or otherwise likely to infringe (or
threaten to infringe) another person’s right to privacy;
16.2.9. Misleadingly impersonates any person or otherwise
misrepresents your identity or affiliation in a way that is calculated to
deceive (obvious parodies are not included within this definition provided that
they do not fall within any of the other provisions of this sub-Clause 18.2);
16.2.10. Implies any form of affiliation with us where none
exists;
16.2.11. Infringes or assists in the infringement of, the
intellectual property rights (including, but not limited to, copyright,
patents, trademarks and database rights) of any other party; or
16.2.12. Is in breach of any legal duty owed to a third
party including, but not limited to, contractual duties and duties of
confidence.
16.3. We reserve the right to suspend or terminate your
access to Our Site if you materially breach the provisions of this Clause 12 or
any of the other provisions of these Terms and Conditions. Specifically, We may
take one or more of the following actions:
16.3.1. Suspend, whether temporarily or permanently, your
Account and/or your right to access our website;
16.3.2. Remove any user content submitted by you that
violates this Acceptable Usage Policy;
16.3.3. Issue you with a written warning;
16.3.4. Take legal proceedings against you for
reimbursement of any and all relevant costs on an indemnity basis resulting
from your breach;
16.3.5. Take further legal action against you as
appropriate;
16.3.6. Disclose such information to law enforcement
authorities as required or as we deem reasonably necessary; and/or
16.3.7. Any other actions which we deem reasonably
appropriate (and lawful).
16.4. We hereby exclude any and all liability arising out
of any actions (including, but not limited to those set out above) that we may
take in response to breaches of these Terms and Conditions.
17. Privacy and Cookies
17.1. Use of our website is also governed by our Cookie and
Privacy Policies, available from our Privacy Policy. These policies are
incorporated into these Terms and Conditions by this reference.
18. General
18.1. If you wish to rely on any variations to these terms
and conditions, you should ensure that such variations are agreed with us in
writing as soon as possible.
18.2. We may transfer or subcontract any or all of our
rights and obligations under these terms and conditions at any time.
18.3. We may alter these terms and conditions from time to
time and post the new version on our website, following which, all use of our
website will be governed by the new version.
You must check the terms and conditions on the website regularly.
The terms governing the purchase of any service will be the terms in place at
the time of your booking.
18.4. A person who is not a party to our agreement or the
agreement with the service provider has no rights under the Contracts (Rights
of Third Parties) Act 1999 to enforce any term of either agreement, but this
does not affect any right or remedy of another party which exists or is
available apart from that Act.
18.5. If any provision or term of these terms and
conditions shall become or be declared illegal, invalid or unenforceable for
any reason whatsoever, such term or provision shall be deleted, but all other
terms will remain valid.
18.6. Our terms and conditions and your use of our website
are governed by the Laws of England and Wales, and in the event of any dispute
under our contract, you agree to submit to the exclusive jurisdiction of the
English courts.
18.7. Failure by either party to exercise any right or
remedy under this agreement does not constitute a waiver of that right or
remedy.
18.8. These terms and conditions, together with the privacy
policy, any quotation or booking form and payment method instructions, if any,
replace all other terms and conditions previously applicable to the use of our
website and/or sale of the service on behalf of the service provider.
19. Changes to these Terms and Conditions
19.1. We may alter these Terms and Conditions at any time.
Any such changes will become binding on you upon your first use of our website
after the changes have been implemented. You are therefore advised to check
this page from time to time.
19.2. In the event of any conflict between the current
version of these Terms and Conditions and any previous version(s), the
provisions current and in effect shall prevail unless it is expressly stated
otherwise.
20. Contacting Us
20.1. To contact us, please email us at booking@manandvancompany.com
or using any of the methods provided on
our Contact Us page.
21. Communications from Us
21.1. If we have your contact details, we may from time to
time send you important notices by email. Such notices may relate to matters
including, but not limited to, service changes and changes to these Terms and
Conditions.
21.2. We will never send you marketing emails of any kind
without your express consent. If you do give such consent, you may opt out at
any time. Any and all marketing emails sent by us include an unsubscribe link.
If you opt out of receiving emails from us at any time, it may take up to 28
business days for your new preferences to take effect.
21.3. For questions or complaints about communications from
us (including, but not limited to marketing emails), please contact us at booking@manandvancompany.com
22. Data Protection
22.1. Any and all personal information that we may collect
will be collected, used and held in accordance with the provisions of the Data
Protection Act 1998 and your rights and our obligations under that Act.
22.2. We may use your personal information to:
22.2.1. Reply to any communications you send to us;
22.2.2. Send you important notices, as detailed in clause
21.
22.3. We will not pass on your personal information to any
third parties.
23. Law and Jurisdiction
23.1. These Terms and Conditions, and the relationship
between you and us (whether contractual or otherwise) shall be governed by, and
construed in accordance with, English law.
23.2. If you are a consumer, any disputes concerning these
Terms and Conditions, the relationship between you and us, or any matters
arising therefrom or associated therewith (whether contractual or otherwise)
shall be subject to the jurisdiction of the courts of England, Wales, Scotland,
or Northern Ireland, as determined by your residency.
23.3. If you are a business, any disputes concerning these
Terms and Conditions, the relationship between you and us, or any matters
arising therefrom or associated therewith (whether contractual or otherwise)
shall be subject to the exclusive jurisdiction of the courts of England and
Wales.
24.1. Services Not Provided.
24.2. MVC will not do anything to put our Service Providers
in danger. For example, MVC Service Providers will not enter any premises
unless properly lit, floored and where safe access is provided.
24.3. The Service Providers will not transport animals,
unless agreed by MVC in writing prior to your Booking Request being accepted.
The Service Providers will not agree to do anything where they do not have the
requisite qualifications.
24.4. The Service Providers will not transport illegal,
stolen or dangerous goods. This includes goods that in our and / or our Service
Providers’s reasonable opinion present potential danger to our vehicles and/ or
drivers, any other assets or goods that require specialist knowledge or
equipment to transport. The Service Providers are within their rights to
destroy, dispose of, and to charge you additional costs incurred should they
transport any such goods without their knowledge. MVC and its Service Providers
shall report such goods to the relevant authorities, where required to do so.
24.5. The Service Providers will only transport goods that
require special licenses or government permissions if you have all required
documentation. MVC and its Service Providers require advance warning and
agreement in writing to transport such goods. Neither MVC nor its Service
Providers will accept liability for loss or damage to any such goods and you
will be liable for any loss suffered by MVC or the Service Providers for
transporting such goods without prior written agreement of MVC or the Partner
and/or without the knowledge. You will indemnify MVC in full for any charges,
expenses, damages or penalties claimed against us or Our Service Providers. MVC
or its Service Providers may, at our/the Service Providers’s sole discretion,
destroy or dispose of such goods for which you will be liable for the costs.
24.6. Neither MVC nor its Service Providers will store any
goods unless previously agreed in writing prior to or at the time of Booking
unless subsequently agreed by MVC in writing. Additional charges apply for
storage of goods and vary depending on duration.
24.7. The Service Providers will not dismantle or assemble
any furniture unless previously agreed in writing prior to or at the time of
Booking or subsequently agreed by MVC in writing.
24.8. The Partner will not disconnect, reconnect, dismantle
or reassemble appliances, fixtures, fittings or equipment.
24.9. The Service Providers will not take up or lay any
carpet or other floor covering.
24.10. The Service Providers will not move planters and
large outdoor pots unless agreed in writing prior to or at the time of Booking
or subsequently agreed by MVC in writing.
24.11. The Service Providers will not move any aerials or
satellite dishes unless agreed in writing prior to or at the time of Booking or
subsequently agreed by MVC in writing.
24.11. The Service Providers will not move any marble
tables, slabs or worktops and the like, unless agreed in writing prior to or at
the time of Booking or subsequently agreed by MVC in writing.
24.12. The Service Providers will not move any hazardous
materials or substances, or any goods/materials they deem to be so. Such items
include, but are not limited to: bulk aerosol cans, weapons and ammunition,
acids, motor oil, antifreeze, gasoline or kerosene, pesticides, fertilizers,
propane tanks or yard equipment with fuel, fire extinguishers, car batteries,
bulk cleaning supplies, fireworks, bulk liquor, bulk paint and paint thinners,
etc.
24.13. For the avoidance of doubt our Service Providers shall not be obligated to drive for more than nine hours per day. It is at their discretion if they choose to do so, and subject to ensuring the safety and well-being of their drivers and ensuring that they are only providing Transport Services in accordance with any applicable legislation.