Exclusions of liability. 17.1 We will not be liable for: i. Any loss or damage occurring in the course of the provision of removal by a third party. ii. Loss or damage resulting from inadequate or improper packing or unpacking unless the goods damaged or causing damage were both packed and unpacked by us. iii. Loss or damage to passports, travel documents, wallets, handbags containing valuables, mobile phones, portable IT, electronic devices, currency, cash, bank or credit cards, jewellery, watches, trinkets, precious stones, money, deeds, securities, stamps, coins, valuable or fragile collections of any kind. iv. Perishable items and/or those requiring a controlled environment. v. For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage. vi. Any loss or damage involving the restoration or reconstruction of information or data or any item of so-called consequential loss. 17.2 We shall not be liable for loss or damage caused by the following, unless we have been negligent or in breach of contract. i. 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; ii. Fire, moth or vermin, Acts of God, war, terrorism, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion or military coup, adverse weather, third party industrial action, traffic, re-scheduled sailing, departure or arrival times, port congestion or other events outside of our control; iii. Cleaning, repairing or restoring unless we arranged for the work to be carried out; iv. Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water; v. 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. vi. To any goods which have a proven defect. vii. To animals, plants and items referred to in clause 17.1 viii. For items referred to in clause 12.2. 17.3 If you instruct us to move, transport or dismantle self-assembly or interconnecting furniture, we will not be liable for any damage to it nor for its quality when reassembled by you or us. This also applies to other furniture which is unsuitable for removal or transport. 17.4 We will not be liable for any consequential and/or indirect loss/es arising out of your failure to adequately insure your goods for their full value. 17.5 Nothing in this clause excludes or limits our liability to you for: i. Death or personal injury caused by our negligence; ii. Our fraudulent misrepresentation; or iii. Any other liability that is not permissible to be limited or excluded under our law. 17.6 We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where: i. There is no breach of this agreement by us or by any of our employees or agents; or ii. Such loss or damage is not a reasonably foreseeable result of any such breach. 17.7 We will not be liable for any loss or damage nor any delay which results from any cause beyond our reasonable control.
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Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions
Exclusions of liability. 17.1 We will not be liable for:
i. Any loss or damage occurring in the course of the provision of removal by a third party.
ii. Loss or damage resulting from inadequate or improper packing or unpacking unless the goods damaged or causing damage were both packed and unpacked by us.
iii. Loss or damage to passports, travel documents, wallets, handbags containing valuables, mobile phones, portable IT, electronic devices, currency, cash, bank or credit cards, jewellery, watches, trinkets, precious stones, money, deeds, securities, stamps, coins, valuable or fragile collections of any kind.
iv. Perishable items and/or those requiring a controlled environment.
v. For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
vi. Any loss or damage involving the restoration or reconstruction of information or data or any item of so-called consequential loss.
17.2 5.1 We shall not be liable for loss or damage caused by the following, fire or explosion unless we have been negligent or in breach of contract. It is Your responsibility to insure Your Goods. If You ask Us in writing to arrange insurance cover for You We will, provided You declare the full replacement value of Your Goods and pay the premium in advance.
i. Normal wear 5.2 We will not be liable for any loss of, damage to, or failure to produce the following goods:
5.2.1 Bonds, Securities, Stamps of all kinds, Manuscripts or other Documents or Electronically held Data Records, Mobile Telephones.
5.2.2 Plants or goods likely to encourage vermin or other pests or to cause infestation or contamination
5.2.3 Perishable items and/or those requiring a controlled environment.
5.2.4 Furs exceeding £100 in value, Jewellery, Watches, Precious Stones and tear, natural Metals,
5.3 We shall not be liable for delays or gradual deterioration, leakage or evaporation or from perishable or unstable goods. This includes goods left within furniture or appliances;
ii. Fire, moth or vermin, Acts of God, failures to provide the services under this Agreement because of:10.3.1 war, terrorism, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion or and/or military coup, Act of God, adverse weather, third party industrial action, traffic, re-scheduled sailing, departure or arrival times, port congestion congestion, or other such events outside our reasonable control.
5.4 Other than because of our control;Our negligence or breach of contract We will not be liable for any loss, damage or failure to produce the goods because of:
iii. Cleaning5.4.1 Normal wear and tear, repairing or restoring unless we arranged for the work to be carried out;
iv. Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, natural or gradual deterioration unless directly linked to ingress of water;deterioration, leakage or evaporation or from perishable or unstable goods.
v. 5.4.2 For any goods in wardrobes, drawers or appliances, or in a package, bundle, carton, case or other container not both packed and unpacked by usUs.
vi5.4.3 Loss of or damage to china, glassware and fragile items unless they have been both professionally packed and unpacked by us. To In the event of an accident involving an owner packed container where damage would have occurred irrespective of the quality of the packing, then our liability is limited to £100 or its actual value whichever is less.
5.4.4 For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.
5.4.5 Loss or damage of motor vehicles caused by scratching, denting and marring unless you obtain from us a pre-collection condition report.
5.4.6 For any goods which have a proven defectpre-existing defect or are inherently defective.
vii. To animals, plants and items referred to in clause 17.1 viii. For items referred to in clause 12.25.4.7 Loss of structural integrity of furniture constructed of particle board resulting from crumbling of the board.
17.3 If you instruct us to move, transport or dismantle self-assembly or interconnecting furniture, we will not be liable for any damage to it nor for its quality when reassembled by you or us. This also applies to other furniture which is unsuitable for removal or transport.
17.4 We will not be liable for any consequential and/or indirect loss/es arising out of your failure to adequately insure your goods for their full value.
17.5 Nothing in this clause excludes or limits our liability to you for:
i. Death or personal injury caused by our negligence;
ii. Our fraudulent misrepresentation; or
iii. Any other liability that is not permissible to be limited or excluded under our law.
17.6 We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
i. There is no breach of this agreement by us or by any of our employees or agents; or
ii. Such loss or damage is not a reasonably foreseeable result of any such breach.
17.7 We will not be liable for any loss or damage nor any delay which results from any cause beyond our reasonable control.
Appears in 1 contract
Samples: Terms and Conditions
Exclusions of liability. 17.1 We will not be liable for:
i. Any loss or damage occurring in the course of the provision of removal by a third party.;
ii. Loss or damage resulting from inadequate or improper packing or unpacking unless the goods damaged or causing damage were both packed and unpacked by us.;
iii. Loss or damage to passports, travel documents, wallets, handbags containing valuables, mobile phones, portable IT, electronic devices, currency, cash, bank or credit cards, jewellery, watches, trinkets, precious stones, money, deeds, securities, stamps, coins, valuable or fragile collections of any kind.;
iv. Perishable items and/or those requiring a controlled environment.;
v. For electrical or mechanical derangement to any appliance, instrument, clock, computer or other equipment unless there is evidence of related external damage.; or
vi. Any loss or damage involving the restoration or reconstruction of information or data or any item of so-called consequential loss.
17.2 We shall not be liable for loss or damage caused by the following, unless we have been negligent or in breach of contract.
i. 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;
ii. Fire, moth or vermin, Acts of God, war, terrorism, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion or military coup, adverse weather, third party industrial action, traffic, re-scheduled sailing, departure or arrival times, port congestion or other events outside of our control;
iii. Cleaning, repairing or restoring unless we arranged for the work to be carried out;
iv. Changes caused by atmospheric conditions such as dampness, mould, mildew, rusting, tarnishing, corrosion, or gradual deterioration unless directly linked to ingress of water;
v. 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.;
vi. To any goods which have a proven defect.;
vii. To animals, plants and items referred to in clause 17.1 viii. For items referred to in clause 12.2.
17.3 If you instruct us to move, transport or dismantle self-assembly or interconnecting furniture, we will not be liable for any damage to it nor for its quality when reassembled by you or us. This also applies to other furniture which is unsuitable for removal or transport.
17.4 We will not be liable for any consequential and/or indirect loss/es arising out of your failure to adequately insure your goods for their full value.
17.5 Nothing in this clause excludes or limits our liability to you for:
i. Death or personal injury caused by our negligence;
ii. Our fraudulent misrepresentation; or
iii. Any other liability that is not permissible to be limited or excluded under our law.
17.6 We will not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
i. There is no breach of this agreement by us or by any of our employees or agents; or
ii. Such loss or damage is not a reasonably foreseeable result of any such breach.
17.7 We will not be liable for any loss or damage nor any delay which results from any cause beyond our reasonable control.
Appears in 1 contract
Samples: Terms and Conditions
