Please see below Zoom Transportations Terms & Conditions. If you have any questions regarding our Terms & Conditions, please either refer to our FAQs or contact us.
TERMS & CONDITIONS
1.1 These 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”, “our”, “the Company” means Zoom Transportation Ltd and/or any of its subsidiaries with whom you are contracting. The terms and conditions set out herein shall apply between the Company, Zoom Transportation Ltd, and the party to whom the provisioning of services and shall apply to the provision of any and courier or delivery services ("the Services") undertaken by the Company for the Customer during the continuance of this Agreement and any and all other terms, warranties and / or conditions implied by statute and / or common law and hereby expressly excluded to the fullest extent permitted by law.
1.1.1 Whilst we do our utmost to ensure the driver(s) are punctual, you will understand that we cannot accept responsibility for delays caused by circumstances out of our control.
1.1.2 Where a vehicle has been issued with a parking fine due to the loading or unloading of goods the customer will be held responsible and this will be charged separately
1.1.3 We reserve the right to provide vendor vehicles where necessary
1.1.4 By supplying your email address you permit ‘The Company’ to contact you via email, in return we promise never to pass your email address to any third party
1.1.5 If there are any changes or variations including extra mileage other than was agreed at the time of booking, the client will be charged extra in accordance with the pricing structure
1.1.6 ‘The Company’ maintains a strict non-smoking policy in all its vehicles
1.1.7 We reserve the right to change your vehicle at any time if necessary
1.1.8 ‘The Company’ will keep a record of lost property, and will endeavour to return any lost goods left in a vehicle to the customer
1.1.9 ‘The Company’ its vendors and their drivers have the right to refuse to carry any passenger who is thought to be under the influence of alcohol or drugs and whose behaviour poses a threat either to the driver, the vehicle or any other passenger(s)
1.1.10 Nothing contained in these terms and conditions can affect the Customer’ s statutory rights
2.1 The Company shall use reasonable measures to deliver the Customer and the Customer's goods or property on time, however sometimes delays are unavoidable (weather, accident etc). The time for delivery shall not in any event be of the essence and the Company makes no warranty that the Customer or Customer's goods or property shall be delivered within the Customers stipulated time period (if any) and / or within any time period stated.
2.2 The Company will not accept any responsibility for any customer loses due to unforeseen or out of our control delivery/pick-up delays or cancellations. If due to unforeseen circumstances we do have to cancel your service we will try to give at least 48 hours’ notice where possible.
22.1 It is the responsibility of the Customer to inform us of awkward access at both points of collection and delivery. Where the Customer has not informed the Company prior to delivery of awkward access, the Customer may incur extra charges. Awkward access can include, no vehicle access, no parking available in close proximity to the property and cramped stair and hallway conditions where large items of furniture such as sofas will not fit, more than one doorway and corridor to pass through, having to go through rear access over court yards etc.
2.3 In the event that the Company is unable (for whatever reason) to deliver the Customer or the Customer's goods or property as a result of the Customer, then the Company reserves the right to charge the Customer for any and all costs and expenses incurred in doing so and / or for any costs or storage of the goods or property.
2.4 In the event that we cannot make delivery and / or collection we will not accept any charges incurred by the Customer in relation to an alternative provider or service.
3. WAITING TIME
3.1 Unless otherwise arranged, waiting time will be charged at £5 per 15mins.
Waiting time includes; key collection, contract signing, late arrival of the customer, items not ready to load, customer not present at either end or any time when loading/unloading is not taking place.
4. PARKING AND AWKWARD ACCESS
4.1 It is the responsibility of the customer to provide legal parking, where there are restrictions eg: yellow lines, red routes, residents only etc the customer must provide a legal parking options and obtain a permit from the local council if necessary. Abiding by the laws is very important to the Company and so is safety so please be honest notify us of where the closest legal parking is available eg: 50 yards, 100 yards etc. prior to the delivery. If parking is legal try to reserve a space for the van outside before it arrives or call the local council and get a suspension or permit where necessary.
4.2 If there is no parking pre -arranged any parking fines received will be the responsibility of the customer and must be paid by the customer on completion of the job, however our man will not park illegally and our man may have to leave if legal parking is not provided, if this is the case, the Customer will incur a fee.
5. CONGESTION AND TOLL CHARGES
5.1 If the job forces the Company to travel through the Congestion Charge Zone, this Congestion Charge Zone fee will be an additional charge of £11.50 (as at July 2015) that will be paid by the customer.
5.2 Any additional tolls or charges incurred by the Company as a result of providing the services will also be incurred by the Customer and these fees will be added onto the service quote and payable upon completion of the service unless otherwise stated or agreed to by the Company.
6. CHANGES IN ITEM NUMBERS
6.1 The Customer may incur extra charges if the actual amount of items on the day exceeds the amount of items that were originally included in your quote, a couple of boxes more would not normally cause an issue, however if you have under-estimated your items by more than this our man will add on an extra charge (usually between £10 – £30) depending on the amount of items and time taken to load them. If you have grossly under-estimated or have been misleading about anything, in particular the amount of articles you have, we have the right to refuse assistance on the day, even delivery.
7. YOUR PACKING RESPONSIBILITIES
7.1 It is entirely the responsibility of the Customer to pack the goods in a way that they will not be damaged as a result of moving. The Company will not accept responsibility for damage or breakage to items that have not been packed / protected by adequate means. It is the customer’s responsibility to dismantle any unit/system/flat pack furniture and beds and this should be done before our arrival (unless dismantling is pre-arranged with us). It is the customer’s responsibility to ensure that items will fit in the new premises (eg: size of sofa and size of aperture) our man will not be insured to remove doors or windows in such cases and it is up to the customer to organise a specialist if needed.
8. UNFORESEEN CIRCUMSTANCES
We reserve the right to add extra costs for unforeseen circumstances (eg: waiting for keys or gaining entry, incorrect addresses, removal of windows and so on).
9. PAYMENT AND DEPOSITS
Our preferred method of payment is Cash or debit card. On Booking you will be sent all of our payment details. You should make sure that you have the cash ready in advance as cashpoint visits and waiting times are chargeable.
9.1 All payments will be required to be made upon completion or prior to the job.
9.2 Under no circumstances will the customer withhold any payment of monies due for any reason, even if in dispute with Zoom Transportation Ltd.
9.3 The charges payable by the Customer for the Services rendered shall be at the rate determined in the Company's schedule of charges as in force at time of the booking.
9.4 In the case where your booking has incurred additional charges such as mileage, waiting time, parking fines and tolls. The customer will be required to pay in full upon competition of the job.
10. CANCELLATION AND REFUND POLICY
10.1 If a booking is cancelled or changed after confirmation prior to a vehicle being despatched, the customer will be charged a fee as specified in the schedule of fees in force at the time of booking.
10.1.2 Where a cancellation or change is made by the Customer after the vehicle has been despatched;
- Jobs within the M25 zone – the customer will be charged for 2 hours and any other monies that have been paid in advance will be refunded with the exception of congestion charges and tolls if they apply.
- Collections outside the M25 – the customer will be charge a for 2 hours cancelation fee in addition to the status of the job and location of the vehicle at the time of cancellation, if the vehicle is en-route then the mileage covered up unto the point of cancellation will be charged, other unused mileage will be refunded. Account –100% of the value of the journey will be invoiced along with any congestion charges or tolls fees. All other monies that have been paid in advance will be refunded.
10.1.3 If the customer does not appear at the time and place designated as the pick-up point, this will be considered a cancelation and all monies paid will be non-refundable and / or full invoice amount will be billed.
10.1.4. If the Customer postpones or cancels the service 48hours prior to the confirmed booking then no fee will be incurred. However if the service is cancelled or postponed within the 48 hour period of the service being carried out then the Customer will be liable to pay %15 of the total amount of the job. We reserve the right to cancel or change dates and times.
10.1.5 If the booking is made as cash payment and the above apply an electronic invoice will be sent by email to be paid online, if this is not paid then we shall pursue this through the courts including any costs incurred.
10.1.6 Complaints will be responded to within a 7 working day period after we receive the complaint as to allow us to investigate the issue. Our response to a complaint may be received either by email or by phone.
10.1.7 Refunds will be issued within 10-15 working days after a notification of refund had been received.
11. LIMITATIONS AND EXCLUSIONS
11.1 The Company shall not undertake the carriage or delivery of:-
11.1.1 Money or securities (whether cash, cheques, bankers drafts, bonds, share certificates or in any other form) no matter the amount.
11.1.2 Antiques, precious metals, furs, or jewellery (in any form whatsoever) of whatever amount or value, if the items are not adequately insured prior to collection/ delivery. If adequately insurance has not be obtained prior to delivery then the driver has the right to refuse delivery and the Customer will be changed a fee for the call out.
11.1.3 Any goods or property of a hazardous, dangerous, inflammable, explosive or noxious nature or, are illegal to possess under existing English Law.
11.1.4 Any goods or property (of whatsoever nature) which may deteriorate in transit.
11.2 The Company is entitled to destroy or dispose of goods or property referred to in clauses 8.1.3 and 8.1.4 in such manner as the Company thinks fit. It is the responsibility of the Customer to pay any expenses incurred by the Company where the Company has had to destroy or dispose of any unauthorised goods or property.
11.3 Without prejudice to the provisions of clause 8.1 the Company shall not in any event be liable directly or indirectly for:-
11.3.1 Consequential loss (whether for loss or profit or otherwise) and / or
11.3.2 Loss, damage and / or breakage to chinaware, glass ceramics or other breakables whether arising from the acts, omissions or negligence of the Company and / or its employees and / or agents or arising otherwise howsoever.
11.4 Without prejudice to the generality of clauses 8.1 and 8.3 in particular the Company shall not be liable for any loss and / or damage arising directly or indirectly from:-
11.4.1 Breakdown, accident, adverse weather conditions.
11.4.2 Any act or omission on the part of the Customer.
11.4.3 Any clause, act or circumstance beyond the control of the Company (including, without limitation, any strike, (official or not) lock-out or other form of industrial action or labour dispute, governmental regulations, legal restrictions, embargoes, fire, flood, Act of God, any consequence of riot, war, invasion, act of foreign enemy, hostilities (whether war be declared or not) civil war, acts of terrorism, rebellion, military or usurped power, confiscation, requisition or destruction of or damage to property by or upon the order of or in the name of any Government or public local authority).
11.4.4 Inadequate or inappropriate packaging of goods, or incorrect or inadequate labelling or instructions received from the customer and / or
11.4.5 The Company being prevented or hindered from delivering the goods or property
11.5 Without prejudice to the generality and effect of the foregoing provisions of this clause 8 the liability of the Company for each delivery or courier service undertaken by the Company howsoever arising and whether direct or indirect and including but not limited to liability arising from the acts, omissions or negligence of the Company and / or its employees and / or agents or arising otherwise howsoever shall in any event be limited to the lesser of:-
11.5.1 £150 or
11.5.2 The intrinsic value of the goods or property comprised in such delivery or courier service
11.6 The provision of clauses 8.3, 8.4, 8.5 and 10.1 apply to liability for loss or damage to goods or property and do not apply to liability for death or personal injury.
12.1 The Company does not have insurance for goods or property (of whatsoever nature) in transit (in transit for other purposes of this clause being from the time the goods or property are collected by the Company up to and including delivery thereof), and the Customer is advised to effect such insurance as the Customer deems necessary for the carriage of goods and / or property by the Company.
13.1 Without prejudice, the Company reserves the right to exercise a lien over the Customer's goods and / or property pending payment in full or outstanding invoices.
14. STAFF ABUSE
The Company will not tolerate any verbal or threatening behaviour. If our man is forced to terminate the job as a result of abuse from the customer verbal or otherwise the customer will still be liable to pay in full.
15. ALTERATIONS TO THE TERMS AND CONDITIONS
The Company reserves the right to alter or vary these terms and conditions at its absolute discretion upon giving reasonable notice to the Customer and without prejudice.
16. RESOLUTION of DISPUTES and GOVERNING LAW
16.1 All parties hereto submit to the exclusive jurisdiction of the Courts of England and Wales.
17. ENTIRE AGREEMENT
17.1 This Agreement contains all the terms agreed by the parties regarding the subject matter hereof and supersedes any prior agreements, understandings or arrangements between them, whether oral or in writing, and no representation undertaking or promise shall be taken to have been given or be implied from anything said or written prior to this Agreement except as expressly set out in this Agreement.
18.1 No forbearance, indulgence or failure by the Company to enforce or to exercise, at any time or for any period of time, any term of or any right arising pursuant to this Agreement shall constitute, and shall not be construed as, a waiver of such term or right and shall in no way affect the Company's right later to enforce or exercise it.