Fernley Transport Ltd

1. Definitions

In this Damage Waiver:
“Company” means Fernley Transport Ltd.
“Customer” means the individual consumer engaging the Company’s services.
“Premises” means any residential or commercial property, including houses, flats, offices, hallways, staircases, lifts, walls, floors, doors, fixtures, fittings, and common areas.
“Services” means the manual handling, movement, relocation, or positioning of goods within the Premises.
“Damage Waiver” means this contractual waiver of liability.
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2. Purpose and Nature of the Damage Waiver

2.1 This Damage Waiver applies to all Services involving the movement of goods within a Premises, including offices, homes, and residential buildings.
2.2 The Damage Waiver is mandatory and applies automatically once Services commence.
2.3 No separate fee is charged for this Damage Waiver.
2.4 This Damage Waiver is not insurance and does not provide insurance cover.
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3. Scope of Coverage

Subject to these Terms, the Damage Waiver limits the Company’s liability for accidental, minor physical damage to the Premises occurring directly as a result of the Services.
Examples may include accidental:
Scuffs or marks to walls
Minor damage to door frames, skirting boards, or flooring
Contact damage caused while manoeuvring goods through confined spaces
There is no excess or deductible payable by the Customer where the Damage Waiver applies.
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4. Exclusions – What Is Not Covered

The Damage Waiver does not apply to, and the Company shall not be liable for:
a) Pre-existing damage to the Premises;
b) Structural damage, including but not limited to cracks, subsidence, broken tiles, ceilings, or load-bearing elements;
c) Damage resulting from inadequate access, narrow spaces, low ceilings, weak flooring, or fragile fixtures where the Customer has directed the Company to proceed;
d) Damage caused by customer instructions against Company advice or warnings;
e) Negligent preparation, including failure to clear access routes, remove obstacles, or protect fragile areas;
f) Damage caused by items too large, heavy, or unsuitable for the Premises;
g) Normal wear and tear;
h) Damage arising from intentional acts, recklessness, or misuse;
i) Damage to concealed services, including pipes, wiring, or cabling;
j) Loss or damage to third-party property not owned or controlled by the Customer (e.g. landlord fixtures in shared buildings).
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5. Customer Responsibilities

The Customer confirms that they:
Have authority to permit the Services within the Premises;
Have assessed the Premises for suitability of access and movement;
Have removed or protected fragile, valuable, or vulnerable items and surfaces;
Accept the risks associated with moving goods within confined or occupied spaces.
Failure to meet these responsibilities renders this Damage Waiver void.
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6. Damage Reporting

6.1 Any alleged damage must be reported before the Company leaves the Premises, or within 24 hours where this is not reasonably possible.
6.2 The Customer must provide:
Clear photographic evidence;
A written description of the alleged damage;
Access for inspection where reasonably required.
Failure to comply with this process may invalidate the Damage Waiver.
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7. Liability Limitation

7.1 Where the Damage Waiver applies, the Company’s liability is limited strictly to direct accidental damage caused solely by the Company during the Services.
7.2 The Company shall not be liable for indirect loss, loss of use, loss of value, inconvenience, or consequential loss.
7.3 This contract excludes supplies of goods and services act 1982.
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8. Voidance of Waiver

This Damage Waiver shall be immediately void if:
The Customer breaches the main service agreement or Terms & Conditions;
The Customer provides misleading or incomplete information;
Services are carried out contrary to Company advice or warnings;
Unsafe or unsuitable conditions are present and the Customer insists on proceeding.
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9. Consumer Rights

Nothing in this Damage Waiver limits or excludes rights the Customer may have under applicable UK consumer protection legislation, including liability for death or personal injury caused by negligence.
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10. Governing Law

This Damage Waiver shall be governed by and construed in accordance with the laws of England and Wales.
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Important Note (Recommended to Display Clearly)
Moving goods within homes, offices, and buildings carries an inherent risk of minor damage. By proceeding with the Services, the Customer accepts this risk subject to the limits set out in this Damage Waiver.