XPO IT MOVES LIMITED – Terms and Conditions
1. Definitions and Interpretation
1.1 The subsequent expressions have the following meanings:
“Agreement” – means an agreement between the customer and XPO IT MOVES for the use of services in accordance with these Terms and Conditions;
“Business Hours” – means the daily XPO IT MOVES working hours of 09:00-17:00 GMT, Monday to Friday, excluding weekends and bank holidays;
“Collection site” – means the customer’s premises from where the goods are to be collected as set out in the proposal;
“Charges” – means the fees set out in the proposal and payable by the customer for the supply of services;
“Commencement Date” – means the date the services are to be provided to the customer;
“Customer” – means the person or company who purchases the services from XPO IT MOVES;
“Delivery Point” – means the customer’s premises where the goods are to be delivered by XPO IT MOVES;
“Goods” – means the customer’s goods i.e. Servers, PC’s, cables;
“Premises” – means the customer’s premises where the services are to be performed as set out in the proposal, including the collection and delivery points;
“Services” – means the services supplied by XPO IT MOVES to the customer as set out in the proposal;
“Proposal” – means any written proposal by XPO IT MOVES provided to the customer;
“WEEE” – means waste electrical and electronic equipment;
1.2 A reference to writing or written includes letters, faxes and e-mails.
2. Customer Orders
2.1 An Order constitutes an intent by the customer to obtain the services in agreement with these Terms and Conditions.
2.2 An Order shall only be deemed to be accepted by XPO IT MOVES upon it issuing written acceptance via letter, fax or e-mail, at which point the commencement date shall then be created.
2.3 All aspects of the agreement between the parties shall be outlined as such in the agreement. Therefore the customer acknowledges that it has not relied on any statement, promise or representation made on behalf of XPO IT MOVES.
2.4 All aspects of the services are to be confirmed prior to arranging the commencement date – Contact names, phone numbers, job roles, materials needed, goods location, premises access.
3.1 The proposal is deemed to be subject to these Terms and Conditions and shall not constitute an offer.
3.2 XPO IT MOVES reserves the right to withdraw or amend the proposal prior to the Agreement coming in to existence.
4.1 XPO IT MOVES shall carry out the agreed services in relation to the proposal with reasonable care and skill, conforming to Good Industry Practice.
4.2 When supplying the services, XPO IT MOVES shall:
4.2.1 Not carry out any services that would create any risk of accident, physical injury or harm to any person.
4.2.2 Supply trained staff, materials and equipment necessary to carry out the services.
4.2.3 Have the option to refuse any services that were not agreed in the proposal prior to the services being agreed.
4.2.4 Have the right to make any changes to the services which are necessary to comply with applicable law or safety requirements. XPO IT MOVES shall notify the customer in any such event.
4.2.5 Where IT Relocation services are to be supplied, XPO IT MOVES will dissemble, pack, load, transport the Goods from the collection point, unload, unpack and reassemble at the delivery point. XPO IT MOVES shall be able to choose the method of transport, the type of vehicle and the route to be used for the relocation of the Goods.
4.2.6 Shall at all times endeavour to ensure minimum disruption to the customer’s business.
4.3 When carrying out IT Relocation services, XPO IT MOVES’ liability and responsibility for the goods commences when the Goods start to be disassembled at the Collection site and concludes when the Goods are reassembled at the Delivery Point.
4.4 The customer understands that exact timescales cannot be given for – how long services will take to perform, date and times for when the services will be completed.
4.5 Any reference to a day or days refers to XPO IT MOVES’ Business Hours unless stated otherwise. XPO IT MOVES reserves the right to add additional charges for any work completed during out of Business Hours. To be confirmed prior to supplying the services.
5.1 XPO IT MOVES reserves the right to change the charges from time to time. Any change in charges shall be given to the customer prior to the agreement of the services carried out.
5.2 If the customer requests that XPO IT MOVES carries out work that wasn’t in the agreed proposal, then the customer shall provide a written request in writing prior to the services taking place within reasonable time. XPO IT MOVES shall provide the customer in writing, an indication of the change in charges. XPO IT MOVES has no obligation to carry out the changes until they have received written confirmation from the customer stating that they accept the changes. Any cost incurred due to changes directly or caused by other parties may result in extra charges.
5.3 The use of specialist equipment, vehicles and staff members will be taken in to account by XPO IT MOVES when producing the quotation, even if the required items aren’t used on the day of collection.
5.4 XPO IT MOVES has the right to charge for storage of items for as long as it is responsible of the goods.
5.5 If the customer postpones, delays or cancels the services, XPO IT MOVES has the right to charge based on how much time the customer has given. As follows:
5.5.1 More than 14 days before the services were due to begin – No charge
5.5.2 Less than 48 hours before the services were due to begin – 80% of the agreed charge
5.5.3 Onsite or the day of the services taking place – 100% of the agreed charge
5.6 Quotations provided by XPO IT MOVES will only be valid for 30 days.
5.7 For Relocation services, all quotations will be subject to site survey.
5.8 All quotations are subject to VAT at the current rate.
5.9 The customer will be liable for payment for all parking enforcements whilst XPO IT MOVES are onsite.
6.1 All payment terms are 30 days from the date issued on the invoice provided.
6.2 Failure to provide payment within the specified time and without written acknowledgment from the customer will result in legal action being taken.
7. Customer Obligations
7.1 The customer shall:
7.1.1 Provide the main site contact name and contact number prior to the services taking place.
7.1.2 Ensure all information provided to XPO IT MOVES is correct and accurate.
7.1.3 Provide safe access to the premises and also ensure that its employees cooperate fully with XPO IT MOVES staff members in relation to the supply of the services.
7.2 The customer will ensure that the premises are safe and secure and that they comply with all health and safety requirements. XPO IT MOVES reserve the right to refuse the services if they deem the premises unsafe.
7.3 The customer must ensure that all agreed vehicles will have suitable access to the collection and delivery points.
7.4 Unless otherwise stated the customer must ensure that the services can be performed at the collection and delivery points without the use of specialist equipment.
7.5 The customer confirms that the goods match the description given prior to XPO IT MOVES arrival onsite – quantity, value, weight, condition and dimensions.
7.6 If the customer requires onsite data services, they must ensure that there is adequate space and power outlets for XPO IT MOVES to carry out the services on a ground level.
7.7 For Relocation services, the customer must make sure that all goods (unless otherwise agreed) have been powered down and uninstalled by the customer prior to XPO IT MOVES arrival onsite. The goods should be ready to be packed and loaded at the agreed time. Charges may be applicable for additional time on site as a result of a delay.
7.8 The onsite customer contact must ensure they sign all paperwork provided by XPO IT MOVES, failure to do so may result in cancelation of the services.