Terms & Conditions

These conditions set out the terms of the contract between the Clearance and/or Removal and/or Relocation and/or Storage date with (“the Contractor”) which governs business carried out by CLEAR WORKSPACE and you (“the Client”) and explain your rights and obligations and responsibilities and those of the Contractor.

1. Interpretation / Definitions

1.1 Any reference in these conditions to “we” or “us” or “CWS” is a reference to the Contractor, CLEAR WORKSPACE.

1.2 CDC OFFICE SERVICES LIMITED, trading as CLEAR WORKSPACE, is the company registered in England with Company Number 12388601 and whose registered office is at Unit 20, Haresfoot Farm, Berkhamsted, HP4 2SU.

1.3 Any reference in these conditions to “you” or “Client” is a reference to the Client. The Client means the Person named on the survey quote and/or booking or any authorised representative of that Person to whom CWS is offering or has agreed to provide the Services in accordance with these Terms and Conditions.

1.4 “Additional charges” means additional charges as described in Clause 10.

1.5 “CWS+” means CWS and/or its authorised subcontractors.

1.6 “Clearance” means the acquisition of title by CWS and subsequent disposal by CWS+ of anything specified to be for clearance in any site survey quote or booking confirmation.

1.7 “Goods” means the goods being relocated and/or removed and/or stored by CWS+ and items the Client intends to keep as belongings.

1.8 “Clear” is the provision of the service of Clearance.

1.9 “Cleared” means anything that is the object of Clearance. Company Registration Number (CRN): 12388601 | VAT Registration Number: 340637122

1.10 “Commencement Date” means the date agreed between CWS and the Client for the provision of the Services to start.

1.11 “Deposit” means the non-refundable deposit payable by the Client, the details of which are set out in (any survey quote or booking confirmation and in) the CWS Deposit Agreement.

1.12 “Documents” includes, in addition to a document in writing, a map, plan, design, drawing, picture or other image or any other record of any information in any form, including electronic form.

1.13 “Excluded Items” means excluded items as defined in Clause 6.

1.14 “Force Majeure Event” means an act, event, omission or accident beyond reasonable control of CSW+, including but not limited to Acts of God (such as flood or earthquake), epidemic, pandemic (including the Coronavirus 19 pandemic), quarantine, fire or explosion, accident, riots, war, terrorist act, adverse weather conditions, interruption or failure of utility services (such as electricity or gas), interruption of communication facilities, breakdown of web host, breakdown of internet service provider, significant disruption to roads or other transport systems, governmental acts or omissions, changes in laws or regulations, national strikes.

1.15 “Hazardous Waste” means waste that is included on the list of hazardous substances under the Control of Substances Hazardous to Health (COSHH) Regulations 2002.

1.15 “Services” means the services of Clearance and/or Removal and/or Relocation and/or Storage and/or Cleaning and/or Packing and/or Data Destruction to be provided by CWS+ to the Client as set out in the survey quote estimate or booking confirmation or otherwise, as agreed either in writing or verbally.

2. General

2.1 The headings in these Terms and Conditions are for convenience only and shall not affect tier interpretation.

2.2 A person includes a natural person, corporate or unincorporated body.

2.3 These Terms and Conditions shall apply to the Services provided by CWS+ to the Client to the exclusion of all other terms and conditions, including any terms or conditions that the Client may purport to apply under any order, confirmation of order of similar document.

2.4 Any order for Services shall be deemed to be an offer from the Client capable of acceptance by CWS.

2.5 Payment for Services or acceptance, including verbal or written or email acceptance, of a quote estimate or booking confirmation shall be deemed conclusive and final evidence of the Client’s acceptance of these Terms and Conditions.

2.6 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by CWS.

2.7 In the event of dispute about the matters therein, the terms of any quote estimate or booking confirmation will be held to truly reflect what was agreed unless there is written evidence to the contrary.

2.8 Anything that is required to be done in writing shall be deemed to have been done in writing if sent by email (as recorded on the device from which the sender sent the email), unless the sender receives an automated message that the email has not been delivered.

2.9 These Terms together with any quote estimate or booking confirmation constitute the entire agreement between the parties, and supersede any previous agreement or understanding, and may not be varied except in writing between the parties. All other terms expressed or implied by statute or otherwise are excluded to the fullest extent permitted by law. In the event of any conflict between these Terms and the Quotation, the Terms shall prevail.

2.10 A notice required or permitted to be given by either party to the other under these Terms shall be in writing, addressed to the other party at its registered office or principal place of business or such other address as may have been notified pursuant to this provision, or by email.

2.11 No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the contract by the other shall be considered a waiver of any subsequent breach of the same or any other provision.

2.12 English law shall apply to the contract and the parties agree to submit to the non-exclusive jurisdiction of the English courts.

2.13 All singulars shall be deemed also plurals and all plurals shall be deemed also to be singulars.

3. CWS's Services

3.1 CWS shall provide the Services to the Client subject to these Terms and Conditions. Any changes or additions to the Services of these Terms must be agreed in writing by CWS and the Client.

3.2 The provision of Services by CWS+ excludes dealing with Excluded Items except by prior written agreement.

3.3 CWS may at any time, without notifying the Client, make changes that are necessary to comply with applicable Health and Safety or other statutory requirements; and/or

3.3.1 are necessary because of the Force Majeure Event; and/or

3.3.2 do not materially affect the nature or quality of the Services.

3.4 CWS shall use reasonable endeavours to:

3.4.1 provide the Services in accordance with these Terms and Conditions in all material respects;

3.4.2 meet any performance dates as agreed with the Client, but any such dates shall be estimates only and time performance by CWS shall not be of the essence of the contract; and

3.4.3 observe all Health and Safety rules and regulations and any other reasonable security requirements that apply at the Client’s premises CWS is required to attend, and that have been communicated to CWS by the Client in writing, provided that CWS shall not be liable under these Terms and conditions if, as a result of such observation, it is in breach of any of its other obligations under these Terms and Conditions.

3.5 CWS shall take into consideration the Client’s preferences regarding the method of disposal of items for Clearance and, where reasonable, dispose of the items in accordance with such preferences. However, CWS retains ultimate discretion regarding the disposal methods.

3.6 All titles in items for Clearance shall pass to CWS upon commencement of the provision of the service of Clearance.

4. Quotations

4.1 Quotations are subject to Value Added Tax, and do not include any other customs duties, levies or fees payable to government or other statutory bodies, and all such duties or fees (if any) will be payable by the Client in addition to the quoted price.

4.2 Although CWS quotes a fixed price, we reserve the right to amend it or make additional charges if any of the following have not been taken into account when preparing the quotation:

4.2.1 If due to any circumstances outside our control the work is not carried out or completed within three months of the quotation date.

4.2.2 Our costs increase as a result of currency fluctuations or changes in taxation or freight charges beyond our control.

4.2.3 We have to clear, collect or deliver goods above the first upper floor.

4.2.4 There is no operational lift.

4.2.5 We supply any additional services.

4.2.6 There are delays outside our reasonable control, in which event we will make additional charges calculated in accordance with our standard rates applicable at the time.

4.2.7 Access to the clearance, collection or delivery point is inadequate or the approach is unsuitable for our vehicles.

4.2.8 Any parking or other fees or charges that we incur and pay in order to carry out the services the Client requires.

4.2.9 Where the entrance or exit to the premises, stairs, lifts, or doorways are inadequate for free movement of the goods without mechanical equipment or structural alteration, or the approach, road or drive is unsuitable for our vehicles and/or containers to load and/or unload within 20 meters of the doorway.

4.3 Where we have quoted for an asset purchase, all goods will be carefully checked against the agreed inventory and will be subject to inspection on collection. CWS reserves the right to charge back to the Client:

4.3.1 any items that are broken, marked, or generally not in good enough condition, and, where applicable, charge a fee to remove the items. Removed items will be charged per unit.

4.3.2 a charge-back fee for any goods that have been removed from the agreed inventory and are no longer available. Where this results in a cancellation, a cancellation fee will be charged (see Section 9).

4.3.3 the costs of labour, transport, etc. incurred where the job is cancelled due to a much-reduced inventory or any other false representation of the agreed inventory. This will be in addition to a cancellation fee (see Section 9).
In all these circumstances the Client will be responsible for the appropriate additional charges.

4.4 Our quotation is not a guarantee that we have vehicles available on the day the Client requires. Accordingly, the Client’s signed acceptance of CWS’s quotation does not constitute a contract between both parties until the Client has received CWS’s written confirmation that we can clear, remove or move your Goods on your required date. We will send our written confirmation within one working day of our receipt of your acceptance of our quotation.

4.5 Where necessary and previously agreed, CWS will agree in writing to increase its limit of liability set out in Clause 11.1 prior to the work commencing.

5. Work Excluded from our Quotations

Unless previously agreed in writing we will not:

5.1 Dismantle or assemble unit-furniture (flat-pack), fittings or fitments, when relocating or removal of items that are Goods and not Clearance.

5.2 Disconnect or reconnect appliances, fittings or equipment, when items are Goods. We will proceed with disconnecting Clearance items.

5.3 Remove or lay fitted floor coverings.

5.4 Take down or re-hang curtains, blinds or other window coverings.

5.5 Move night storage heaters unless they are dismantled.

5.6 Move or store any items Excluded under Clause 6.

5.7 Move any item or items that our removal team reasonably believes they cannot move safely or the removal of which may damage the item(s) in question or its or their surroundings.
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5.8 Clear driveways or other access areas (at either collection or delivery address) from snow or ice or other materials.

6. Excluded Property

The following items are specifically excluded from the Services and this contract and will not be Cleared or Removed, and CWS shall not be liable for any loss or damage to:

6.1 Hazardous waste.

6.2 Asbestos. In the event that the presence of asbestos is suspected, all works will be stopped immediately until the site has been cleared as safe by a licensed asbestos contractor.

6.3 Potentially dangerous, damaging or any kind of explosive items, including gas bottles, aerosols or flammable materials.

6.4 Jewellery, watches, trinkets, precious stones, works of art, money, deeds, securities, stamps, coins, or goods or collections of a similar kind.

6.5 Goods likely to encourage vermin or other pests or to cause infestation.

6.6 Refrigerated or frozen food or drink.

6.7 Any animals and their cages or tanks including pets, birds or fish.

6.8 Cars, boats and caravans.

6.9 Furs, perfumery, wines, spirits, tobacco, cigars, cigarettes, foodstuffs or perishable goods.

6.10 Stolen goods; prohibited or illegal items, including without limitation drugs, firearms, or explosives.

6.11 Fixtures and fittings belonging to the building itself.

6.12 Objects weighing over 100 kilos.

6.13 Items that cannot be removed without enlarging existing egress points, any appliance that requires disconnection by CWS+ which CWS+ deems, at its sole discretion, to be unsafe or potentially damaging to property.

Such goods stated in Clauses 6.1 to 6.13 will not be removed by CWS except with our prior written agreement. If the Client submits such goods without our knowledge and prior written agreement, CWS will not be liable for any loss or damage except when death or injury is caused by our negligence or that of our employees or agents, and the Client will indemnify us against any charges, expenses, damages or penalties claimed against us by third parties. In addition, we shall be entitled to dispose of (without notice) any such goods that are listed under paragraphs 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9.

6.14 Breakage of owner-packed property unless the box or container shows signs of external damage.

7. Client’s Responsibility

It is your sole responsibility to:

7.1 Declare to us the proper value of the Goods as a summary.

7.2 Obtain at your expense all documents necessary for the removal to be completed.

7.3 Be present yourself or appoint a representative at the departure and destination points to ensure that nothing is removed or left in error or is left in the wrong room.

7.4 Prepare adequately and stabilise all appliances prior to their removal. Other than by reason of our negligence we will not be liable for any loss or damage, costs or additional charges that may arise from any of these matters.

7.5 Pay any Penalty Charge Notices (PCNs) or meter suspension charges incurred by CWS+ in carrying out the work, unless otherwise agreed in writing. These charges will be added to the final invoice.

7.6 Ensure that any fridge freezers and/or deep freezers are defrosted before transportation and not switched on straightaway; the recommended time to switch on these appliances is 24 hours after delivery. We do not pack and/or transport refrigerated or frozen contents.

7.7 Provide us with a correct and up-to-date contact address and telephone number during the delivery of Services.

7.8 Ensure that the Goods or items you have packed are packed properly, as the items packed by you, the Client, are not covered under our insurance.

7.9 Ensure illustrations of working conditions are accurately stated and up to date. CWS+ is not insured to and will not clear premises where there are infestations of pests or vermin.

7.10 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.

8. Ownership of the Goods

By entering into this contract, you confirm to us that:

8.1 The Clearance items or Goods are your own personal and/or business property; or

8.2 You have the authority of the owner of the property/premises to make this contract in respect of the Goods.

You will be responsible to pay any claim for damages and/or costs against either of the above if this proves to be untrue.

9. Postponements/Cancellations

9.1 In the event of cancellation or postponement of the provision of the Services by the Client, the Client will be liable to pay the following charges according to how much notice is provided prior to the agreed Services Commencement Date:

9.1.1 More than 7 days before the Services were due to start: No charge.

9.1.2 Less than 7 days before the Services were due to start: 30% of the clearance, relocation, removal charge.

9.1.3 If notice of cancellation is given to CWS less than 72 hours and more than 24 hours before the Commencement Date, 40% of the charges that would have been charged by CWS had the provision of Services not been cancelled, such
Company Registration Number (CRN): 12388601 | VAT Registration Number: 340637122
amount being charged as liquidated damages being reasonable approximation of an average loss of profits and costs.

9.1.4 If notice of cancellation is given to CWS less than 24 hours before the Commencement Date, 50% of the charges that would have been charged by CWS had the provision of Services not been cancelled, such amount being charged as liquidated damages being reasonable approximation of an average loss of profits and costs.

9.1.5 On the day (the diary date acting as the day) the work starts or at any time after the work commences, 100% of our charges that would have been charged by CWS had the provision of Services not been cancelled, such amount being charged as liquidated damages being reasonable approximation of an average loss of profits and costs.

9.2 The Deposit will be used by CWS to offset against any sum due from the Client under Clause 9.1 above.

9.3 CWS reserves the right to postpone an assignment without penalty in the event of a shortage of staff resulting from an outbreak of a coronavirus. CWS will not be held responsible for any costs incurred by the Client under these circumstances.

10. Payment of Clearance and/or Removal and/or Storage Charges

10.1 The Client shall pay the Deposit amounting to 20% of the survey quotation and final charges agreed on contract to CWS no later than 7 days prior to the Commencement Date. In the event that the Client fails to pay the Deposit in accordance with this Clause, CWS reserves the right to cancel the provision of the Services without liability and to terminate the contract.

We reserve the right to terminate this contract if the Deposit is not received before the Services Commencement Date, and to not carry out any Services quoted for.

10.2 The Client shall immediately on demand pay CWS charges in accordance with any survey estimate or booking confirmation and any Additional Charges as set out below.

10.3 CWS shall charge Additional Charges from time to time by giving written notice to the Client in the following, but not exclusively the following, circumstances:

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10.3.1 Owing to the Client’s delay, the Services are not carried out or completed within the agreed time frame and CWS+ thereby incurs extra costs.

10.3.2 The work is carried out on a weekend or public holiday or out of hours (i.e. before 8am and after 6pm) at the Client’s request, and CWS+ thereby incurs extra costs, unless that fact was known and taken into account at the time of the survey quote or estimate.

10.3.3 CWS is required to collect or deliver items to or from floors higher than ground floor and first floor if this was not notified to CWS in writing prior to the Commencement Date and CWS+ thereby incurs extra costs;

10.3.4 CWS+ incurs any fees, tolls or other costs in relation to parking or transport, including without limitation any penalty charge notices incurred due to breach by the Client of Clause 23.1.3 and CWS+ thereby incur extra costs;

10.3.5 CWS+ provides additional services over and beyond those in any quote estimate or booking confirmation;

10.3.6 Any delay or event outside the reasonable control of CWS+ and CWS+ thereby incurs extra costs.

10.4 All charges quoted to the Client for the provision of the Services are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time.

10.5 CWS’s charges and any additional sums payable shall be paid by the Client (together with any applicable Value Added Tax, and without any set-off or other deduction) within 7 days of the Completion of Services unless otherwise agreed in writing.

10.6 If payment is not made on the due date (7-day payment period for charges after completion of Services), CWS shall be entitled, without limiting any other rights it may have, to charge interest on the outstanding amount (both before and after any judgment) calculated daily at the rate of 8% per annum (based on the Bank of England’s base rate for statutory interest for businesses) from the payment period due date of 7 days until the outstanding amount is paid in full.

Unless the Client has our written agreement to the contrary, they must pay CWS’s remaining charges within a 7-day payment period after the Completion Date of Services. Unless CWS agrees otherwise, the Client may not withhold any part of the agreed price.

10.7 The Client is liable to CWS for reasonable costs and expenses (including legal costs) incurred in recovery of the outstanding amounts.

11. CWS’s Liability for Loss or Damage

11.1 In the event that we lose or damage your Goods, if we are liable, we will pay to cover the cost of repairing or replacing that item as assessed by our insurance provider. In this respect an item is defined as any one article, suite, pair, set, complete case, package, carton or other container.

11.2 We may choose to repair or replace the damaged or lost item. However, if we choose to repair the item, we will not be liable for any depreciation in value.

11.3 Other than because of our negligence, we will not be liable for any loss, damage or failure to deliver the Goods if it is caused by any of the following circumstances:

11.3.1 Fire however caused.

11.3.2 War, invasion, acts of foreign enemies, hostilities (whether war is declared or not), civil war, terrorism, rebellion and/or military coup, Act of God, industrial action or other such events outside our reasonable control.

11.3.3 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.

11.3.4 Cleaning, repairing or restoring unless we did the work.

11.3.5 Moth or vermin or similar infestation.

11.3.6 Electrical or mechanical derangement to any appliance, instrument or equipment unless there is evidence of external impact.

11.4 Additionally, we will not be liable for any loss of or damage to:

11.4.1 Any Goods in cupboards, wardrobes, drawers or appliances, or in a package, bundle, case or other container not both packed and unpacked by CWS.

11.4.2 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of a similar kind, unless the Client has previously given us full information including value, and we have confirmed in writing that we will accept responsibility in accordance with 11.1 above.

11.4.3 Goods that have a relevant proven defect or are inherently defective.

11.4.4 Animals and their cages or tanks, including pets, birds or fish.

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11.4.5 Plants.

11.4.6 Refrigerated or frozen food or drink.

11.4.7 Anything of value that is not included in the inventory and has not been removed from the clearance area by the client prior to the works.

11.5 Other than because of our negligence, we will not be liable for damages or costs resulting indirectly from:

11.5.1 Wear and tear, gradual deterioration, scratching, bruising or denting.

11.5.2 Loss or damage of motor vehicles / goods / furniture caused by scratching, denting and marrying unless the Client obtains from us a pre-collection condition report. Most of the items we move are not brand new and it is not possible to make a note of scratches or the current condition of every item, which is the reason why scratches are not covered in the insurance unless you request a pre-collection report of item/s, for which charges may apply.

12. CWS Limitation of Liability

12.1 CWS shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any instructions supplied by the Client that are incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Client.

12.2 CWS shall have no liability to the Client in the event that:

12.2.1 the warranties contained in clause 23.1 are untrue; or

12.2.2 the Client fails to comply with its obligations under Clause 6.

12.3 CWS shall not be in breach of these Terms and Conditions nor liable for any failure or delay in performance of the Services arising from or attributable to a Force Majeure Event, provided that it reasonably prompt notifies the Client of the nature and extent of the Force Majeure Event and uses reasonable endeavours to mitigate the effect of the Force Majeure Event, to carry out the Services in any way that is reasonably practicable, and to resume the performance of its obligations as soon as is reasonable.

12.4 Except in respect of death or personal injury caused by CWS’s negligence, or as expressly provided in these Terms and Conditions, CWS shall not be liable to the Client

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by reason of any representation (unless fraudulent), or any implied warranty, conditions or other term, or any duty at common law, or under these Terms and Conditions, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims which arise out of or in connection with the provision of the Services (including any delay in providing or failure to provide the Services) or their use by the Client unless caused wholly and exclusively by CWS negligence, and the entire liability of CWS in connection with the Agreement shall not exceed the amount of CWS’s charges for the provision of the Services to the Client, except as expressly provided in these Terms and Conditions.

12.5 CWS shall not be liable to the Client or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of CWS’s obligations in relation to the Services, if the delay or failure was due to any cause beyond CWS’s reasonable control, including but not restricted to damage caused by weather or climate conditions.

12.6 Other than by CWS’s negligence CWS shall not be liable to the Client for any damage or loss to anything whether the subject of the Services or not.

12.7 Subject to clause 12.6, CWS’s liability to the Client for an object shall not exceed the lesser of the market value or replacement value of the object in question, taking into account its age and condition immediately prior to their loss or damage and always subject to maximum of £250 per item.

12.8 In the event that the Client does seek redress under clause 12.6 above the Client shall provide to CWS proof of value and proof of the Client’s ownership in relation to such object, the absence of which proof CWS shall have no liability.

12.9 CWS’s public liability shall not exceed the sum of £2,000,000 in the aggregate.

12.10 In addition to the other limits in this clause 12, CWS shall not be liable for any loss of damage caused unless:

12.10.1 any claim is notified in writing to CWS as soon as such loss or damage is discovered or ought reasonably to be discovered and, in any event, no later than seven days from the time the damage occurs and is confirmed in writing or within seven days date of collection or delivery of any goods under the Services; and

12.10.2 in the event of any such claim arising out of damage to premises, the damage is notified in writing immediately to CWS.

13. Client’s Obligations

13.1 The Client shall notify CWS+ of anything in the premises where the Services are being provided (including in respect of which the Services are not being provided) that is not secure or is fragile and/or might give rise to loss or damage during the provision of the Services.

13.2 Where Services are not exclusively Clearance or there are things that are not to be Cleared, it is the Client’s responsibility to clearly mark, in such manner as may be easily identifiable and recognised by CWS+, all things that are not to be Cleared and provide such information to CWS’s office before the Commencement Date.

13.3 To inform CWS of any change in inventory from the survey quote or booking confirmation prior to the Commencement Date of the Services so that the correct personnel and vehicles can be deployed. Unsurveyed items or items missing from the agreed inventory may require additional staff, vehicles, etc. and CWS reserves the right to charge for any additional associated costs.

13.4 Unless agreed in writing to the contrary with CWS, the Client shall be present or represented throughout provision of the Services and arrange for any goods left at unoccupied or unattended premises to be properly secured.

13.5 The Client shall:

13.5.1 ensure that all services and amenities to the Client’s premises remain in full working order throughout the provision of the Services including

13.5.2 disconnect and stabilise all electronic appliances and equipment prior to the Commencement Date of the Services; and

13.5.3 thoroughly defrost and clean any refrigerators and deep freezers.

13.5.4 remove any items of value that are not included in the inventory from the clearance area.

13.6 If there has been a site survey by CWS, it is the Client’s sole and exclusive responsibility to make CWS aware of risks to the Health and Safety of CWS’s employees, contractors or subcontractors that CWS cannot reasonably be expected to identify on a site survey visit.

13.7 In the event that a contract is entered into by telephone or email and there has been no site survey, the Client undertakes to bring all risks to the attention of CWS prior to arrangement for carrying out the Services.

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13.8 The Client shall immediately bring to CWS’s attention any error, omission or act and afford CWS reasonable opportunity to make corrections.

13.9 It is the Client’s responsibility to inform CWS in writing if Data Destruction Certification is required for confidential waste disposal (paper, hard drives, etc.) when CWS is quoting for the works, as an additional charge will need to be included to cover the costs of a third-party secure waste disposal specialist.

14. Delays in Transit

14.1 Unless we give a specifically agreed written timescale, then arrival and departure times are estimates only.

14.2 If we do not keep to an agreed written timescale schedule and any delay is within our reasonable control, we will pay your reasonable expenses that arise as a result. If through no fault of our own we are unable to deliver your Goods, we will take them into storage at an additional charge. This contract will then be fulfilled and any additional service(s), including storage and delivery, will be at the Client’s expense.

14.3 We shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of our obligations under this agreement if such delay or failure results from events, circumstances or causes beyond our reasonable control, including but not limited to adverse weather conditions. In such circumstances we shall be entitled to a reasonable extension of time for performing such obligations, provided that if the period of delay or non-performance continues for 4 weeks then you may terminate this agreement, without penalty, by giving not less than 7 days’ written notice to us.

14.3.1 In the event that the agreement is terminated under Clause 14.3 and we have part-performed any of our obligations under this agreement, including but not limited to a completed or part-completed packing service and/or any storage requirement, any charges incurred by us at the time of your termination under Clause 14.3 shall become chargeable in accordance with our standard rates applicable at the time.

14.3.2 In the event of termination under Clause 14.3, any monies already paid will be refunded; however, we reserve the right to set off such sums against what is due to us under Clause 14.3.1.

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14.3.3 We shall not be liable for any costs or charges you incur as a result of the termination of the agreement under Clause 14.3.

15. Damage to Premises

We shall only be liable for damage to premises caused by our negligence. Any damages to premises must be noted on the delivery receipt and confirmed in writing to us within seven days unless you request a reasonable extension, which we agree in writing. Because third-party contractors or others are frequently present at the time of collection or delivery, it is not always possible to establish who was responsible for loss or damage. If we are negligent or in breach of contract or otherwise responsible for causing loss or damage to your premises, we will seek an assessment from our insurance provider.

16. Time Limits for Claims

We will not be liable for any loss or damage to any goods unless any claim for loss or damage is notified to us in writing by recorded delivery post or email WITHIN SEVEN DAYS (this is a requirement of insurers) of either their collection by you or delivery by us to their destination, unless you request a reasonable extension which we agree in writing. Day one of seven to start the day after either the collection of goods by you or delivery of goods by us to their destination.

17. Our Rights to withhold or Dispose of Goods

We have a legal right to withhold, or (subject to complying with the notice procedure in Condition 20.9) ultimately dispose of some or all the Goods, until you have paid all our charges and other payments due under this contract. These include any charges that we have paid on your behalf. While we hold the Goods and wait for payment, you will be liable to pay all storage charges and other costs incurred as a result of our withholding
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your Goods and these terms and conditions will continue to apply.

18. Disputes

18.1 If there is a dispute arising from this agreement that cannot be resolved, either the Client or CWS may refer it to an acting third party to assist with this on our behalf legally.

19. Sub-Contracting the Work

19.1 CSW reserves the right to sub-contract some or all of the Services without any obligation to seek the Client’s consent or give the Client notice.

19.2 If we sub-contract these conditions will still apply in full.

20. Storage Services

The following terms in addition to all other terms set out in this document will apply to all contracts for the storage of Goods: –

20.1 If you require storage facilities, you are obliged to provide a forwarding address and notify us in writing if it changes. All correspondence and notices will be deemed to have been received by you seven days after posting it to the last forwarding address recorded by us.

20.2 The manner in which Goods are transported and whether we use conventional or containerised storage shall be within our sole discretion unless otherwise confirmed in writing.

20.3 Where we provide an inventory of Goods stored on your behalf, it will be accepted as accurate unless you provide us with written notice of any errors or omissions within 14 days of our posting the inventory to you.

20.4 All charges for storage services are payable in advance. All our charges including removal charges, must be paid in full in cleared funds before any Goods are released from storage and we shall be entitled to exercise a lien over those Goods until we receive payment of all charges due from you to us.

20.5 We review our storage charges periodically. You will be given 28 days’ notice in writing of any increases, following which our revised rates as notified will apply. We will always act reasonably in reviewing our storage charges.

20.6 On giving you 28 days’ notice, CWS is entitled to require you to remove your Goods from our custody and pay all money due to us. Any such notice will tell you that we will dispose of your Goods three months thereafter if you fail to pay all outstanding sums due to us and, in that event, we will do so 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.

20.7 If your payments are up to date, we will not end this contract except by giving you three calendar months’ notice in writing. If you wish to terminate your storage contract you should give at least 14 days’ notice. Whilst we will use reasonable endeavours to arrange the release of your Goods on the dates you require, specific dates cannot be guaranteed.

20.8 If you choose someone else to collect your Goods from our storage facilities, we are entitled to make a charge for handing them over. Our responsibility for such Goods will cease upon their being handed over to your chosen representative.

20.9 Insurance Option for storage. For further information on storage costs please contact CWS directly, as this is variable according to each Client’s needs. We are able to offer our Clients insurance within the storage package, covering Goods up to the value of £25,000. If you have any items that exceed this value, it is up to you to notify CWS so that the correct provision can be made or we can advise whether separate insurance provision should be arranged.

21. Ownership of Equipment

21.1 Title to all materials and equipment procured by CWS in relation to the provision of the Services, including but not restricted to containers, crates and other packaging equipment and materials, remains vested in CWS or other legal owners as appropriate but shall be the responsibility of the Client until such items are returned to CWS.

21.2 The Client shall be responsible for obtaining a signed delivery note on return of any equipment under Clause 21.

22. Confidential Information

22.1 Any confidential Information belonging to the Client, which is so designated by the Client in writing and agreed, in writing, by CWS to be kept confidential, shall be kept reasonably confidential by CWS, and all Confidential Information belonging to CWS shall be kept reasonably confidential by the Client.

22.2 Clause 22.1 shall not apply to any documents or other materials, dates or other information that are public knowledge at the time they are so provided by other parties, and shall cease to apply if at any future time they become public knowledge through no fault of the other party.

22.3 Notwithstanding Clause 22.1, CWS+ may disclose confidential information to the extent required by law by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction provided that, to the extent it is legally permitted to do so, it gives the other party as much notice of such disclosure as possible.

23. Corporate Social Responsibility

23.1 Our mission is to be a responsible business that meets the highest standards of ethics and professionalism.

CWS is committed to reusing and donating wherever possible. Only items that are damaged and/or cannot be repaired will be recycled. All other items will be sold, reused or donated to good causes.

23.2 CWS offers a sustainable office clearance service and our focus is to work with our Clients to achieve a Net Zero Pathway.

In order to offset the carbon emissions of Clearances, we reserve the right to add a small voluntary contribution to quotes and invoices, which will be used to directly fund the planting of trees by the collective climate action platform Ecologi.

This amount will reflect the size of individual Clearance works and will not exceed the total sum of £10.00.

On receipt of these Terms & Conditions, CWS assumes you, the Client, agree to this Voluntary Contribution unless you advise us to the contrary
Please refer to our Environmental Policy for more information.

24. Modern Slavery Policy

24.1 The Modern Slavery Act 2015 (the ‘Act’) is a crucially important development in tackling slavery and human trafficking and CWS will not trade or partner with any business or organisation that is involved in this practice, however remotely or indirectly. We will only engage with suppliers, contractors and clients who confirm their compliance with the Act.

24.2 We expect our suppliers, contractors and clients to demonstrate a zero-tolerance approach to exploitation. To this end, pursuant to section 54(1) of the Act, we require that all our suppliers comply with the provisions of the Act, and we reserve the right to terminate the contract in the event of their failure to do so.

25. Client’s Warranties and Indemnities

25.1 By entering into this Agreement, the Client warrants that:

25.1.1 the Client has the absolute and unconditional right and authority to instruct CWS+ to provide the Services requested;

25.1.2 the provision of the Services will not cause CWS+ to handle or move any Hazardous Waste, prohibited, restricted dangerous or illegal item;

25.1.3 there will be adequate and free access at all sites for all vehicles and personnel to allow for safe and legal porterage and loading;

25.1.4 all software and data stored in any electronic format on any items to be disposed of has been erased and full copies of all data have been made and retained by the Client; and such data is adequately backed up prior to the Commencement Date; and that the disposal of any items will not result in a breach of the Data Protection Act 1998 or other related legislation; and

25.1.5 all Documents, records, material and other papers containing confidential or sensitive information or personal data have been removed from the items to be disposed of, and where such materials are to be disposed of by CWS, they have been shredded by the Client unless the service of data destruction is part of the Services being provided, in which case Documents and materials for destruction shall be clearly identified and notified to CWS in writing;

25.1.6 Where there are items of value (as opposed to rubbish) to be Cleared, such items as have been advised to CWS to be available for Clearance and/or which were onsite when CWS made a site visit and could reasonably have been assumed by CWS to be available for Clearance (it being the Client’s responsibility to bring to the attention of CWS anything onsite that is not for Clearance), those items shall be available for Clearance.

25.2 The Client fully indemnifies CWS against any and all liability, costs, loss, damage or injury caused by or arising out of:

25.2.1 unsafe or unfit premises that CWS is required to attend in the performance of the Services whether or not owned by the Client;

25.2.2 explosive, caustic, inflammable, corrosive or other dangerous substances on any property or premises whether or not owned by the Client;

25.2.3 the nature and condition of the items to be moved, or the manner in which they have been placed or stored, and their packaging other than any packaging materials provided by CWS+;

25.2.4 services provided on behalf of CWS by a contractor, subcontractor and/or any third party in so far as these Terms and Conditions provide a defence; and

25.2.5 any claim made against CWS+, its servants, agents or subcontractors by a third party unless caused solely by CWS’s negligence;

25.2.6 any breach of warranty by the Client.

26. Whole agreement

These Terms and Conditions together with our quotation are intended to form the whole agreement between us and to prevail over any verbal discussions. Should we mutually agree to any variation of these terms, such variation should be confirmed in writing. Any variation, however agreed, shall never invalidate the remainder of these Terms and Conditions.

27. Jurisdiction

This contract is subject to the laws of England and Wales if our principal place of business is situated in England or Wales, or to the laws of Scotland if our principal place of business is situated in Scotland.

28. Termination

28.1 The Client may terminate the contract without charge by giving not less than 48 hours’ written notice to CWS. Please refer to our Deposit Agreement.

28.2 Either party may (without limiting any other remedy) at any time terminate the contract by giving written notice to the other if the other commits any fundamental breach of the Terms and Conditions and fails to remedy the breach (if capable of remedy) within ten days after being required by written notice to do so, or if the other goes into liquidation, becomes bankrupt, makes voluntary arrangement with creditors or has a receiver or administrator appointed.

29. Common Carrier

29 CWS is not a Common Carrier.

On receipt of these Terms and Conditions and agreement of an assignment date, you, “the Client”, agree to the Terms and Conditions presented above and agree to comply fully.