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Broken TVs and Late Keys: A Removal Company’s Legal Guide
Moving house is arguably one of the most stressful life events alongside divorce and bereavement.
When stress is high, fuses are short.
"You scratched my hallway!"
"My TV is broken!"
"You were late!"
As a removal company, you handle people's entire worldly possessions. You are wrestling sofas down narrow Victorian staircases, packing delicate china, and driving fully loaded Luton vans through rush hour. Accidents happen.
But if your contract isn't tight, a single dropped box or a difficult customer can cost you your profit for the whole month.
Here are the clauses that keep your vans on the road and your business profitable.
1. The £40 Liability Limit (Is it Fair?)
The Scenario: You drop a box containing a £2,000 Ming Vase. It smashes.
The customer didn't take out your "Enhanced Insurance." You point to standard term 9.1: "Liability is limited to £40 per item."
The customer sues you for the full £2,000.
The Legal Reality:
Is £40 fair?
Under the Consumer Rights Act 2015, a limitation of liability must be "Reasonable." If you were negligent (e.g., your staff dropped the box), a court might say limiting liability to £40 for a valuable item is an "Unfair Term," strike it out, and make you liable for the full replacement cost.
The Fix:
Offer Insurance Explicitly: You must offer "Enhanced Liability Cover" (Insurance) for a premium value. If they refuse* it, your low liability limit is much more likely to be seen as "fair" because they had a choice to protect it and declined.
Define "Item": "Liability is limited to £40 per item/box/crate unless a higher value is declared and insurance purchased."*
2. "Owner Packed" Goods (PBO)
The Scenario: A customer packs their own boxes to save money. You move them carefully. They open a box at the new house and find smashed plates.
"You must have thrown the box!"
The Fix:
The PBO Exclusion.
"The Company accepts no liability for loss or damage to goods packed by the Customer (PBO), unless visible external physical damage to the box occurred during transit."
If the box isn't crushed, the smash is on them. Use "Fragile" tape on PBO boxes as proof they were handled with care.
3. The "Late Key" Waiver (Waiting Time)
The Scenario: You load up the van at 10am. You drive to the new house. You wait.
The chain is slow. The solicitor hasn't released the money. The estate agent won't release the keys.
It gets to 4:30pm. The keys are finally released. Your crew is on overtime. You miss your evening job.
The Fix:
Waiting Time Charges.
"Waiting time will be charged at £[X] per hour per vehicle/crew member after [1pm]."
"If keys are not available by [5pm], the Company reserves the right to return goods to secure storage at the Customer's cost. Redelivery will be charged."
This clause focuses the customer's mind on chasing their solicitor, and ensures you get paid for your crew's idle time.
4. Parking Fines and Access
The Scenario: The customer says: "Yeah, you can park right outside."
You arrive. It's double yellow lines on a Red Route. You get a £130 PCN (Penalty Charge Notice). The customer refuses to pay it.
The Fix:
The Indemnity Clause.
"The Customer is arguably responsible for ensuring adequate parking/access. Any parking fines or penalties incurred in the course of carrying out the work will be recharged to the Customer."
5. Dangerous Goods and Leakage
The Scenario: A customer packs a half-full bottle of bleach or a paint tin in a box without telling you. It leaks in the van, ruining their sofa and another customer's mattress.
The Fix:
Prohibited Items List.
Strictly exclude: Gas bottles, Paint, Flammables, Bleach/Chemicals, Perishables (Food).
"The Customer indemnifies the Company against loss or damage caused by Prohibited Items packed by the Customer."
Why Contract Review is Heavy Lifting
You do the physical heavy lifting. Let the contract do the legal lifting.
AI contract review ensures your liability limits stand up to the "Fairness Test." It checks your "Waiting Time" clauses are enforceable transparency. It protects your crews from claims for "Owner Packed" disasters. It ensures you get paid for the job, not sued for the journey.
Disclaimer: The information in this article is for general guidance only and is not intended as professional legal, financial, tax, or medical advice.
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