The clauses below our for our customers attention only which limit or exclude the company’s liability and to those that request the customer to indemnify the company in certain situations.
A) A Subject to Clauses 11 and 12 below, the Company shall be entitled to procure any or all of its services as an Agent or to provide those services as a Principal
B) The Company shall be deemed to have contracted with the Customer or client as a Principal for the performance of the customer’s instructions, whether the Company is providing its services as a Principal or procuring them as an Agent
2. When the Company contracts as a Principal (customer or client gives authorisation to the company) for any services, it shall have full liberty
A) To perform such services itself or
B) To subcontract the whole or any part of such services to third parties (including the Company’s own parent, subsidiary, or associated companies)
3. When the Company acts as an Agent on behalf of the customer, the Company shall be entitled (and the Customer hereby expressly authorises the Company) to enter into all such Contracts on behalf of the Customer as may be necessary or desirable to fulfil the Customer’s instructions and subject to the trading terms and conditions of the parties with whom the company has made contracts with.
4. The Company reserves the right to take reasonable liberty as to the means, route and procedure to be followed in the handling, storage and transportation of goods.
A) Subject to Sub-Clause B, the Company shall have a general lien on all goods and documents relating to goods in its possession, custody or control for all sums due at any time from the Customer or Owner, and shall be entitled to sell or dispose of such goods or documents as Agent for and at the expense of the Customer and apply the proceeds in or towards the payment of such sums on 28 days’ notice in writing to the Customer. Upon accounting to the Customer for any balance remaining after payment of any sum due to the Company and the costs of sale or disposal the Company shall be discharged of any liability whatsoever in respect of the goods or documents
B) When the goods are liable to perish or deteriorate, the Company has the right to sell or dispose of the goods immediately upon any sum becoming due to the Company subject only to the Company taking reasonable steps to bring to the Customer’s attention its intention of selling or disposing of the goods before doing so
6. The Company shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by or paid to Freight Forwarders.
A) If delivery of the goods or any part is not taken by the Customer, Consignee or Owner, at the time and place when and where the Company is entitled to call upon such person to take delivery thereof, the Company shall be entitled to store the goods or any part at the sole risk of the Customer, whereupon the liability of the Company in respect of the goods or that part thereof stored as aforesaid shall wholly cease and the cost of such storage if paid for or payable by the Company or any Agent or Sub-Contractor of the Company shall forthwith upon demand be paid by the Customer to the Company
B) The Company shall be entitled at the expense of the Customer to dispose of (by sale or otherwise as may be reasonable in all the circumstances):
i. Once the company has given the customer 28 days’ notice in writing, or (where the Customer cannot be traced and reasonable efforts have been made to contact any parties who may reasonably be supposed by the Company to have any interest in the goods) without notice, any goods which have been held by the Company for 60 days and which cannot be delivered as instructed; and
ii. Without prior notice, goods which have perished, deteriorated or altered or are in immediate prospect of doing so in a manner which has caused or may reasonably be expected to cause loss or damage to the Company or Third Parties or to contravene any applicable laws or regulations
A) Except under special arrangements previously made and agreed in writing or under the terms of a printed document signed by the Company, any instructions relating to the delivery or release of goods in specified circumstances only, such as (but without prejudice to the generality of this Clause) against payment or against surrender of a particular document, are accepted by the Company where the Company has to engage third parties to effect compliance with the instructions, only as Agents for the Customer
B) The Company shall not be under any liability in respect of such arrangements as are referred to under Sub-Clause A hereof save where such arrangements are made in writing
C) In any event, the Company’s liability in respect of the performance or arranging the performance of such instructions shall not exceed the limits set out in Clause 7 (B) (ii) of these Conditions
9. Advice and information, in whatever form it may be given, is provided by the Company for the Customer only and the Customer shall not pass such advice or information to any Third Party without the Company’s written agreement. The Customer shall indemnify the Company against all loss and damage suffered as a consequence of any breach of this Condition by the Customer
A) The Company will not accept or deal with bullion, coin, precious stones, jewellery, valuables, antiques, pictures, human remains, livestock, pets or plants. Should any Customer nevertheless deliver any such goods to the Company or cause the Company to handle or deal with any such goods the Company shall be under no liability whatsoever for or in connection with such goods howsoever arising.
B) The Company may at any time waive its rights and exemptions from liability under Sub Clause 10 (A) above in respect of any one or more of the categories of goods mentioned herein or of any part of any category. If such waiver is not in writing, the onus of proving such waiver shall be on the Customer
11. Except following instructions previously received in writing and accepted by the Company, the Company will not accept or deal with goods of a dangerous or damaging nature, nor with goods likely to harbour or encourage vermin or other pests, nor with goods liable to taint or affect other goods. If such goods are accepted pursuant to a special arrangement and then in the opinion of the Company they constitute a risk to other goods, property, life or health, the Company shall where reasonably practicable contact the Customer, but reserves the right at the expense of the Customer to remove or otherwise deal with the goods.
- The customer warrants:
A) That the description, specifics and particulars for the use of our service, by or on the behalf of the customer are fully accurate
B) That all goods have been prepared, packaged, marked and labelled sufficiently enough to not hinder or effect the operation or transaction
C) That where the company receives the goods from the customer already packed and in good condition for the carriage to the intended destination of the goods
13. If the customer sets out special arrangements previously made verbally or in writing to deliver to the company to deal with or handle goods of a dangerous or damaging nature, or goods likely to harbour or encourage vermin or other pests, or goods liable to taint or affect other goods, they shall be liable for all loss or damage in connection with such goods and shall indemnify the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith, and the goods may be dealt with in such manner as the Company or any other person in whose custody they may be at any relevant time shall think fit.
14. The customer accepts that no claim shall be made against any Director, Employee Servant, or Supplier of the Company that imposes or attempts to impose upon them any liability in connection with any services that are the subject of these Conditions and if any such claim should nevertheless be made, to indemnify the Company, then the customer will also have to accept all consequences thereof
A) The Customer shall save harmless and keep the Company indemnified from and against:
- All liability, loss, damage, costs and expenses whatsoever (including without prejudice to the generality of the foregoing, all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority in relation to the goods) arising out of the Company acting in accordance with the customer’s instructions or arising from any breach by the Customer of any warranty contained in these conditions or from the negligence of the customer and
- Without derogation from Sub-Clause 14 (A.1) above, any liability assumed or incurred by the Company when by reason of carrying out the Customer’s instructions the Company has reasonably become liable or may become liable to any other party, and
- All claims, costs and demands whatsoever and by whosoever made or preferred in excess of the liability of the Company under the terms of these Conditions regardless whether such claims, costs and demands arise from or in connection with the negligence or breach of duty of the Company, its Servants, Sub- Contractors or Agents, and
- Any claims of a general average nature which may be made on the Company
- Even though the company is not responsible for any loss or damage of goods, the company will administer claims made (where possible) on the customer behalf
B) The customer shall:
- Pay all sums owed to the company (as quoted and agreed and if goods are collected) when due immediately without reduction or deferment on account of any claim, counterclaim or set-off
- In respect of all sums which are overdue, where the company has already collected the customers goods to be delivered at desired location, the customer shall be liable to pay to the Company interest calculated at 5% above the prevailing Base Rate (official bank rate) of the London clearing banks for example, the Bank of England and to favour the use of the term ‘percentage point’ when quoting an interest rate (e.g. ‘[x] percentage points above the base rate of specific bank‘).
C) Despite the acceptance by the Company of instructions to collect freight, duties, charges or other expenses from the Consignee or any other person the Customer shall remain responsible for such freight, duties, charges or expenses on receipt of evidence of proper demand and in the absence of evidence of payment (for whatever reason) by such Consignee or other person when due
D) Where liability for General Average arises in connection with the goods, the customer shall promptly provide security to the company or to any other party designated by the Company in a form acceptable to the Company
Liability and limitations
E) The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgement.
F) The Company shall be relieved of liability for any loss or damage if and to the extent that such loss or damage is caused by:-
i. Strike, lock-out, stoppage or restraint of labour, Customs delay, the consequences of which the Company is unable to avoid by the exercise of reasonable diligence;
ii. Any cause or event which the Company is unable to avoid and the consequences whereof the Company is unable to prevent by the exercise of reasonable diligence.
G) We shall not be liable for the value of loss or damage to the customer’s goods. However, the company will administer loss and damage claims (where possible) on behalf of our customer to the relevant parties.
H) Any claim by the Customer against the Company arising in respect of any service provided for the Customer or which the Company has undertaken to provide should be made in writing and notified to the Company within 14 days of the date upon which the Customer became or should have become aware of any event or occurrence alleged to give rise to such claim and any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred except where the Customer can show that it was impossible for them to comply with this.
Jurisdiction and Law
These Conditions and any act or contract to which they apply shall be governed by English Law and any dispute arising out of any act or contract to which these Conditions apply shall be subject to the exclusive jurisdiction of the English Courts. The Company reserves the right to pass on to its customers charges received in relation to taxes or customs duties levied against each, and all, items delivered on behalf of the customer, for whatever reason, and wherever any breach of terms is made, in any event, by the customer. All customers accept these charges from the Company whenever they enter into a contract to deliver any items, as requested by the customer. These terms apply to retrospective charges also.
International Chamber of Commerce (ICC)
The Incoterms® rules have become an essential part of the daily language of trade. They have been incorporated in contracts for the sale of goods worldwide and provide rules and guidance to importers, exporters, lawyers, transporters, insurers and students of international trade.
For a short description of the 11 rules from the Incoterms® 2010 edition, please click HERE. However, please note these should be read in the context of the full official text of the rules, which can be obtained from the ICC Store.
By choosing to use our services the customer agrees to Incoterms® 2010 edition. While Incoterms® 2010 remains to be the latest edition of the rules, they are currently preparing for the launch of an update to the trade terms in 2020.
Surcharges and Fees
The customer’s final freight/shipping charges will vary depending on a number of factors: the service you choose; any special options you add, such as signature delivery; and the current fuel surcharge. Your shipment may also incur fees in addition to its base rate. The following are descriptions of those fees plus other shipping information:
- Customs / Security Checks and Customs Duties Charges
Wherever Customs/Security officials, of any origin or destination, check any items being shipped/delivered, the Company will make every attempt to ensure that luggage is delivered as per the requested delivery date. However if such instances do occur, the client, by agreeing to our terms and conditions, accepts that delays may occur, and that they will not receive compensation, or discounted rates, where such instances do occur. Any Duties levied by any Customs authority will be deemed payable by the customer. The Company will endeavour to ascertain the reason for charges and will undertake a claim for recompense on behalf of the customer but cannot guarantee any refunds for charges.
- Luggage Weight Allowances
All luggage items delivered are priced according to the weight or size. Please note that any item with any one length between 120cms and 240cms may incur a surcharge. For items with any one length greater than 240cms, please contact the Company prior to shipping as there may be restrictions in the origin and/or destination countries.
- Overweight / Oversize Charges
If actual weights and/or dimensions exceed either the limits above or the weight and dimensions given to us when you place the order, we may need to adjust the charges accordingly. These prices may vary, and some adjustments may occur retroactively after the order has been completed. All items exceeding these weight allowances are subject to additional charges at £5.00 per kilo for International deliveries and £2.50 per kilo for UK deliveries (plus VAT at the prevailing rate, where applicable) with all excess weight rounded up to the nearest kilo. The Company reserves the right to alter or amend these charges at any time without prior notification. Any item overweight may be refused for collection or delivery and may cause delays to your order. Each item must be able to be lifted by an individual unless agreed in writing prior to collection.
- Incorrect Information
Where the customer supplies any and all information for the collection and/or delivery of goods they shall indemnify the company for non-delivery and late delivery of consignments due to:
- A) Incorrect or lack of information
- B) Persons not present at specified addresses for the collection of, or, to receive goods
- Luggage Identity and Description
The Company will provide luggage tags to be attached to each piece of luggage for the collection and delivery of such items, however, in each instance, the customer will remain responsible for ensuring that each luggage piece is clearly identified with contact/delivery details including full contact address, postal/zip codes and contact telephone details. Any items not clearly identified may result in delayed delivery or loss of such items. In addition all items must be clearly identified as to their size and description. Any incorrect or inaccurate descriptions may result in refusal to accept the items for carriage, by the collecting agent. In all such instances any additional charges incurred will be the responsibility of the customer, and all charges must be settled in full.
- Luggage Collection / Delivery Access
All items being collected must be able to be lifted by one person unless agreed by the Company in writing in advance. Access to multi-storey buildings must be via a lift/elevator. Any items deemed too heavy or large by the collecting agent may result in refusal to accept the goods for carriage. This would result in a delay of delivery and may incur additional charges, for which the customer would be liable.
- Delivery Reattempt Charge
If we cannot complete delivery of a shipment on the initial delivery attempt, the freight will be returned to the nearest relevant couriers location selected for your shipment. We may not reattempt delivery unless the shipper or recipient requests it. Each shipper or recipient arranged reattempt will be subject to a delivery reattempt charge in addition to all other applicable charges. After three attempts to notify the recipient or shipper, or five business days after the initial delivery attempt, whichever comes first, the shipment may be considered undeliverable.
- Delivery Area Surcharge
A delivery area surcharge applies to shipments destined for areas such as Alaska and Hawaii that are remote, sparsely populated or geographically difficult to access. Please contact us to see what areas where this surcharge applies.
Locking and Security Of Luggage
We recommend all luggage items should remain unlocked for Customs and Security purposes.
However, if you choose to lock your luggage items, we recommend you advise the password or number to avoid any custom or security delays.
It is also recommended that all customers label their goods clearly on the inside and outside. For example, have 2 copies of your contact details and air waybill – one copy on the inside of your goods and one on the outside of your goods.
Power Of Attorney
Where the customer undertakes to have items delivered they automatically provide Power of Attorney to the company and acceptance of these terms and conditions.
Acts Of God
The customer also indemnifies the company against all costs involved or incurred through Acts Of God.
Reservation Cancellation Fees
If the Customer cancels the booking, no refund is payable by the Company and depending on the circumstances, the Company may also charge a cancellation fee, to cover administrative charges of £30.
The customer will only be covered the minimum amount set by the selected courier/s for the customer’s shipment/freight. Should the customer wish to have more insurance protection, prior to collection it will need either to be agreed in writing to the company or the customer will need to make its own extra insurance arrangements and confirm this expressly with company. For further information or to receive a quote on the cost of liability covering, please contact the office +44 (0)20 3289 5074
All shipments require a packaging list (personal items or goods) for the purpose of the customer’s vacation, relocation, visitation or business needs, to avoid any possible delays or restrictions with customs or security.
If the customer does not wish to comply with these terms, they will accept all responsibility for custom relations and all duties of administration, taxes, charges or penalties levied against any item(s).
These charges will be redirected to the customer and the company shall relinquish any responsibilities in regards to this.
Documents Needed For Outside EU
The following documents are required for shipments outside the EU:
- Copy of flight information (flight number, departure and arrival)
- Copy of passport
- Packing list
- Reason for travel
For international shipments there may be additional documents needed, requested by the country of origin and/or destination. The Company may ask for these documents that are not listed here.
Customs and security within the EU can be less firm than outside the EU. However, the above terms may still apply depending on the country of origin and/or destination.
Cruise Ship Deliveries
Cruise ship deliveries are not made directly to Cruise Ships, but to the relevant port handling agent (except for UK Special Orders, made by prior arrangement – separate rates apply) and must be verified as acceptable, prior to collection, with the Cruise company and agent. The Company (and its designated agents) will deliver to the specified address but will not actually deliver the luggage to the cruise ship directly, due to security restrictions. For all such deliveries, the Company will be responsible for delivery to the specified address (Port/Cruise handling agent) only.
Information required for shipments are as follows:
- Cruise Line
- Vessel name
- Port of departure
- Port of arrival
Customers are not allowed to pack or ship restricted items as listed below:
- Animals: including birds, fish, insects, larvae, pupae etc. (however, we can now deliver pets around specific destinations within Europe, for more information please contact the office +44 (0)20 3289 5074
- Animal products (including but not limited to ivory, fur and garments trimmed with fur)
- Antiques and art works (depending on the country of origin and/or destination)
- Complete firearms and firearm parts, ammunition, explosives, weapons
- Dangerous/hazardous goods (including but not limited to perfumes, aftershaves, aerosols, flammable substances, loose lithium batteries, dry ice, biological substances, UN classified dangerous goods and any goods specified as such under
- International Air Transport Association regulations (“IATA”), the Agreement on Dangerous
Goods by Road (“ADR”) or International Maritime Dangerous Goods (“IMDG”) regulations.
- Flowers and plant products
- Human remains or ashes
- Illegal goods (these are goods which are considered illegal in the origin, the transit points and / or the destination countries and would include but not be limited to pirated goods, counterfeit goods and narcotics)
- Imitation (replica) firearms, toy guns, weapons, explosive devices or ammunition
- Medical samples (including but not limited to bodily fluids and tissue samples)
- Negotiable instruments in bearer form (including but not limited to bank notes, currency, vouchers)
- Perishable items that require a temperature controlled environment
- Prescription drugs and pharmaceutical products
- Foodstuffs, perishable food articles and beverages requiring refrigeration or other environmental control, including, but not limited to: Wine, Beer, Spirits and Champagne.
- Packages that are wet, leaking or emit an odour of any kind or packages wrapped in Kraft paper.
For international carriage there may be additional prohibited items specified by the country of origin and/or destination. The Company may at its sole discretion refuse to carry other items not listed here.
Discounts and Special Offers
Please note your multiple items discount or special offer cannot be combined with any other discounts, coupons, promotion, or group.
Customers will be charged on a weekly basis rate for a storage room/facility within the UK via 3rd party licensed storage providers such as Big Yellow. The following are descriptions fees plus other storage information:
- Information needed for storage
You will need complete an inventory list of the items you would like to store, advising the description and full replacement value.
We also require the weights and dimensions of your boxes (and/or other packaging with your items inside), as we’ll be invoicing you based on the greater value of your shipment as well as the rental for your storage room.
- Storage room fee
The total price for your storage room will be based on your move-in date, size of room and length of stay.
- Transferring storage items/Move in date
The final price of storing your items will also include the cost of delivering your items to one of our storage facilities within the UK. Our Luggage Delivery and Storage Specialists will range to collect your items from a chosen location which have been booked for storage and transfer them for you.
Once your belongings for storage have been delivered on or before your move-in date, one of the members from our team will safely and securely place your items in your chosen rental storage room.
- Moving out Notice
Please notify us of your delivery address in order for us to transfer your belongings in storage to a chosen location. All customers are requested to give 2 days’ notice before the expiration date (move out date) of your storage room unless we have specified otherwise in writing. Should notice not be given to us in writing to deliver your luggage to a chosen destination before the date your storage rental expires, you will be charged a late fee, on top of the weekly storage charges.
- Additional Rooms/Increasing/Decreasing Size of Room
If you require an additional space, a larger space or a smaller space please contact our store team as this can be easily arranged.
All customers must either take out our 3rd party bespoke insurance or provide proof of insurance cover for goods in storage, before they can store with us. If using your own insurance provider you will need to ask them to add an addendum to your policy to include the name and address of one of our storage units you will be using.
You will need complete an inventory list of the items you would like to store, advising the description and full replacement value.
This price of your insurance depends on the full new replacement value of your goods if you had to buy them again today. The cost of insurance starts from £3.25 per week for £2,000 of cover, and goes up depending on the level of cover that’s right for you.
- Insurance Changes
Should the value of your goods increase or decrease, please notify your Luggage Delivery and Storage Specialist immediately. Your estimate of value can then be adjusted. Your insurance cover should also be adjusted to reflect the revised estimate of value and, should you take out 3rd party insurance with us, a new Insurance Application Form will need to be signed to confirm the revised insurance amount. Remember, your goods must remain insured at all times while they are in storage to their full replacement value.
- Security of our facilities
The security of our facilities, and our clients’ possessions are our upmost priority. Hence, the reason why our storage facilities have 24 hour CCTV, Pin access, Alarmed rooms, Electronic gates, staff on site and Mobile Patrols.
- Items you are not allowed to store
To ensure your goods – and other customers’ goods – are kept safe and secure, please do not pack for storage the following items:
- Food or perishable goods, unless you have prior approval from the Store Team.
- Live animals or plants.
- Combustible or flammable materials e.g. gas bottles (including empty bottles), aerosol cans, paints, petrol, oil or cleaning solvents.
- Pollutants, toxic or hazardous materials or contaminated goods e.g. asbestos and batteries.
- Any items emitting any fumes, odour or smell e.g. perfumed goods.
- Any item of high value requiring specialist storage e.g. jewellery, money, deeds, stamps, antiques, fine art or fine wines.
- Firearms, weapons, ammunitions or explosives including fireworks.
- Waste materials.
- Illegal goods.
- Packing Tips
Below are some tips on how to best pack your belongings:
- Stack chairs seat to seat with a cloth or paper to separate them.
- Use good quality storage boxes.
- Fill boxes to capacity – partially full or bulging boxes may tip or collapse.
- Heavy items should be packed into small boxes so that they are easy to lift.
- Take a copy of your inventory of your stored items and keep it in a safe place at home.
- Protect your fragile goods in bubble wrap and tissue paper.
- Fragile items such as crockery and glasses should be wrapped in paper or bubble wrap before storing – do
not use newspaper (the ink stains).
- Pictures and mirrors should be wrapped in bubble wrap, marked fragile and stacked on their end.
- Wrap table legs with bubble wrap or corrugated cardboard before storing.
- Use our wardrobe boxes which allow you to store your clothing on hangers in order to keep their shape.
- Protect your sofas, chairs and mattresses with our covers.
- Refund Procedures/Timescale
You will receive a refund for any unused rental, insurance and initial deposit within 14 days of move out, providing there are no outstanding charges.
We recommend you to make sure that you read and understand all of the terms, conditions and exclusions of Big Yellow policy before booking with us. In particular please make sure you have read the conditions of storage, which are of particular importance.
A full list of conditions are available to read at bigyellow.co.uk/termsandconditions
Impossibility of Performance
The Company and its appointed carriers shall be relieved of their obligation to perform the Contract to the extent that the performance is prevented by failure of the Customer, fire, weather conditions, industrial dispute, labour disturbance or cause(s) beyond the reasonable control of the Company.