Terms & Conditions

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NIMA GROUP SERVICES  TERMS OF SERVICES.

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT THE CUSTOMER’S RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A LIMITATION OF LIABILITY.

1.1 We are a booking agency through which businesses and consumers can make a booking for delivery services to be provided by Nima Group Services, and third party contractors allocated by us and represent Nima Group Services, who enter into a contract direct with the customer substantially on the terms set out herein.

ABOUT THESE TERMS.

1.2 In these Terms:
“Booking” means a booking for the provision of Delivery Services arranged and carried out by Nima Group Services and it’s allocated Delivery Agent.
“Booking Confirmation” means the emails proceeding the payment of Booking Fees, containing confirmation sent by Nima Group Servives to the Customer setting out (i) confirmation of receipt of the Booking Fees (ii) the date and time for provision of the Delivery Services, (iii) the Pick Up and Drop Off addresses, and including these Terms.

“Booking Fee” means a non-refundable fee respectively payable to Nima Group Services for the provision of the Booking Services;
“Booking Services” means the services provided by NIma Group Services namely (i) taking the Booking from the Customer, (ii) allocating the Booking and (iii) providing a confirmation to the Customer of the Booking.

“Customer”, “your” and “you” means the business or consumer who uses the Booking Services to order Delivery Services;
“Damage” and “Damages” is the physical loss or harm to any Property or Goods, including equipment or machinery that fails to function normally.
“Delivery Agent” means the Nima Group Services Delivery Agent allocated to provide the Delivery Services to you;
“Delivery Services” means the services provided by the Delivery Agent in accordance with the Booking;

“Drop Off Address” means the address given in the Booking Confirmation to which the Goods are to be delivered, as amended by agreement between the Nima Group Services and the Customer.
“Fees” means the sums payable to the Delivery Agent in respect of provision of the Delivery Services as set out in the Booking Confirmation and as adjusted in accordance with clause 6.4 and the schedule hereto.
“Goods” means any property handled, moved and stored with Nima Group Services.

“Pick Up Address” means the address given in the Booking Confirmation at which the Goods are to be collected, as amended by agreement between the Delivery Agent and the Customer.
“Terms” means these terms of service.

ACCEPTANCE OF TERMS AND CREATION OF CONTRACT.

2.1 We provide these Terms to the Customer by email with the Booking Confirmation. The Booking Confirmation sets out the quote for the Delivery Services. By:
(i) accepting the Booking Confirmation (and by extension the quote for the Delivery Services); or
(ii) signing the Booking Confirmation (containing these Terms) and any adjustment to the quote for the Delivery Services arising from an inspection of the Goods at the Pick Up Address by the Delivery Agent,
a contract (made up of the Booking Confirmation and these Terms) is created between the Customer and the Nima Group Services in respect of the provision of the Delivery Services (the “Agreement”). We are entitled to enforce these Terms as a third party pursuant to clause 9.1.
(iii) Nima Group Services reserves the right to change these terms and conditions at any time by posting changes online. Your continued use of our services after changes are posted constitutes your acceptance of the modified terms and conditions.

2.2 In the event that the Fees for the Delivery Services are amended pursuant to clause 6.4, the Agreement shall be deemed amended accordingly. Any increase in Fees shall be in accordance with the Schedule.

3.1 Quotation & Fixed Price – Fixed rate quotations are charged on either a per van basis or a day rate. The Quotation is for a fixed price, but Nima Group Services is entitled to change the price after acceptance if the work changes through factors beyond the Delivery Agents control. Work that falls outside of the contracted day rate will be billed for the appropriate teams hourly rate.

3.2 Quotation & Hourly Rate Price – Hourly rate quotes are defined by the number of vehicles required and the number of Delivery Agents requested. Hourly Rate moves will be billed to furthest half hour from the total duration accrued. The total duration of the Delivery Services may be determined by, but not restricted to, the move volume, accessibility, travel time, traffic restrictions. Nima Group Services is entitled to change the price after acceptance, if the work changes through factors beyond the Delivery Agents control.

3.3 In the event of any changes raised by Nima Group Services as a result of unforeseen circumstances pertaining to the delivery services, Nima Group Services will seek, where possible, alternative solutions and extend the option to cancel or reschedule where applicable. The Customers acceptance of alternative solutions offered and the terms, in which they are offered, constitutes your acceptance of the modified Booking Agreement.

3.4 Quotations are valid for a period of 30 days from the date of creation.
3.5 Night moves (from 21:00 onwards through to 07:00 of the following day) are charged at 2 x the hourly day rate.
3.6 Unless otherwise stated, all our prices are subject to VAT.
3.7 Additional charges will apply in the event that additional vehicles and/or labour is required.
3.8 Evening, weekend & bank holiday bookings will attract additional charges for both fixed and hourly rates.
3.9 Additional costs to the initial quotation may be incurred because of currency fluctuations, changes in taxation, freight, fuel, ferry or toll charges beyond our control.
3.10 Mileage is charged at £1.50 per mile between collection & delivery.
3.11 Any moving services provided, including Additional Services, exceeding a continuous 12-hour period may incur an Excess Hours Surcharge.

3.12 Verbal quotations are provided for the purpose of guidance and general overview of the services can that Nima Group Services provides. Written quotations, emailed or otherwise will automatically supersede any quotations provided verbally.

LIABILITY OF NIMA GROUP SERVICES.

4.1 Nima Group Services are not responsible for Damage to any Goods, in transit, or which took place prior to collection at the Pick Up Address or after delivery at the Drop Off Address. It is the responsibility of the Customer to check any items for damage prior to the departure of the Delivery Agent after completion of the Delivery Services as no claim for damages may be brought after completion of the Delivery Services.

4.2 Items may occasionally be scraped or bashed during the provision of the Delivery Services, which may cause damage if Goods are not appropriately wrapped. Nima Group Services cannot accept liability, nor can a claim against their Insurance be raised for any Damage caused as a result of an item that remains unwrapped during the move.

4.3 Nima Group Services cannot accept liability, nor can a claim against their Insurance be raised for any goods that were wrapped or concealed by the Customer or any persons entrusted, prior to the start of the Delivery Services without reasonable evidence of the Goods’ undamaged condition prior to transit.

4.4 Nima Group Services shall have no liability for any fault, damage or service, which occurs outside of contracted working hours and/or without the prior written agreement or consent of Nima Group Services.
4.5 Any agreements or services made with third parties without the express permission of Nima Group Services by using or implying association with Nima Group Services are not considered part of any agreement between Nima Group Services and the initial party.
4.6 The Customer is advised to take out insurance to cover the transport of the Goods by the Delivery Agent unless otherwise stated or provided by Nima Group Services.
4.7 Nima Group Services shall not be held liable for any indirect loss, consequential loss, loss of profits, loss of earnings, data, revenue, business opportunity, anticipated savings, goodwill or reputation.
4.8 Nothing in these terms and conditions excludes or limits the Nima Group Services’ liability for death or personal injury caused by its gross negligence.
4.9 Notwithstanding the foregoing, the maximum liability of Nima Group Servies in the event that a court of competent jurisdiction finds it liable for any damages shall be limited to the Fees charged in respect of the Delivery Services on the occasion that the damage or loss occurred.

4.10 Nima Group Services shall have no liability for incorrect items collected and/or delivered. It is the responsibility of the Customer or persons entrusted at both Pick Up and Drop Off Addresses to ensure that they have only collected and/or delivered Goods required. Any additional costs incurred, as a direct result of failure to ensure of the above will be billed to the Customer.

4.11 Third party charges such as but not limited to parking charges, traffic contraventions, fines are the responsibility of the Customer. Payment is required for these charges immediately at the full charge price and also any further penalties or charges if applicable. Reductions given for early repayment will only be made where practicable and at the discretion of Nima Group Services.

4.12 As per Section 5.5 The Customer reserves the right to pack, wrap and protect Goods prior to the collection taking place. Before any claim for liability or claim against Insurances can take place for any alleged damages, the onus will be on the Customer to provide evidence of the condition of the Goods and/or Properties at the time of collection.

ADDITIONAL SERVICES.

5.1 Nima Group Services can supply the service of Dismantling and Reassembly of goods. The Delivery Agent reserves the right to withhold this service, if in doing so, (i) may cause damage to the goods (ii) is not considered reasonably practicable, (iii) is likely to cause damage to the property or any persons present.
5.2 Nima Group Service can supply the service of disconnecting and reconnecting appliances except for any gas run appliances. The Delivery Agent reserves the right to withhold this service, if in doing so, (i) may cause damage to the goods (ii) is not considered reasonably practicable, (iii) is likely to cause damage to the property or any persons present.
5.3 Nima Group Services can supply a Packing Service, the terms of which will be agreed in the individual quote. The Delivery agent reserves the right to withhold this service if in doing so, (i) may cause damage to the goods (ii) is not considered reasonably practicable, (iii) is likely to cause damage to the property or any persons present.
5.4 Nima Group Services can supply packing materials, at an additional cost either in advance of your move, subject to a delivery fee, or on the day of your move. This is an optional service and does not form part of the moving contract. It is the responsibility of the Customer to ensure the correct quantity has been ordered. Any additional time or cost incurred by the Delivery Agent having to source additional packing materials on the day of the move will be billed to the Customer.
5.5 The Customer reserves the right to use their own packing materials. It is the Customer’s responsibility to ensure that these are good quality materials, providing sufficient protection and suitable for use in transit. It the responsibilities of the Customer to ensure all items are sufficiently packed and ready for transit. Nima Group Services reserve the right to refuse to transport any Goods that are not suitably protected for transport or not packed in line with recommendations provided prior to a move and are at risk of being damaged. The Customer may be required to sign a waiver forfeiting the Insurance provided in the event that they wish to risk these goods being handled.
5.6 In the event that only part of a service is required; Dismantling only, Reassembly only, Disconnecting only, Reconnection only. Nima Group Services and the Delivery Agent cannot accept liability, nor can a claim against their Insurance be raised for (i) parts missing that were not previously accounted for, (ii) functionality of Goods.
5.7 Nima Group Services shall not be held liable for any indirect loss as outlined in Section 4.5, In the event that any, all or part of the additional services are not fulfilled. This includes, but is not limited to, packing materials, packing services, premium time slots, dismantling & reassembly, disconnection & reconnection services.

5.8 Nima Group Services can provide a removals clearance service, whereby items can be removed from a property for disposal. Customers will be advised of the price to carry out such services on the day of the move. Any prices provided prior to this date will be estimation only and subject to change upon assessment. The Delivery agent reserves the right to withhold this service if in doing so, (i) is not considered reasonably practicable, (ii) is likely to cause damage to the property or any persons present Nima Group Services are not liable for the condition of removed goods, and nor responsible for the cost of retrieving such goods thereafter. Any available insurance through Nima Group Services will not cover goods removed in line with the clearance service provided.

PAYMENT.

6.1 The Customer pays a non-refundable Booking Fee for the Booking Services to Nima Group Services when the Customer makes a booking. In the event that the Customer has purchased a Premium Subscription, no Booking Fee will be payable to Nima Group Services.
6.2 All Fees payable to Nima Group Services are due to be cleared no later than when the Delivery Agent arrives at the Drop Off Address. The Delivery Agent will not commence unloading of its vehicle(s) until full payment has been made.

6.3 By agreeing to pay the sums outlined in the invoices, and any final settlements agreed with Nima Group Services you are satisfied that Nima Group Services have completed the move to a satisfactory standard and have resolved any outstanding grievances respectively. You thereby release them of all liability and have agreed to retract any negative reviews; any defamatory statements published on any public forum may be considered libel.

6.4 As per Section 3.3, Fees shall be as set out in the Booking Confirmation save that the Delivery Agent shall be permitted to charge additional amounts as set out in the Schedule hereto in the event that the scope of the Delivery Services (including without limitation the ease of access to either or both of the Pick Up Address and Drop Off Address are not as agreed at the time of Booking and/or the Goods are different to those described at the time of Booking.

6.5 By agreeing to these terms and conditions, you consent to the automatic billing of your card for all services provided prior, during or after the date of the booking, including any subsequent Third Party Costs or services provided. Sub sequential Third Party costs, include, but are not limited to PCNs, Disposal Costs, and Storage Services provided.
6.6 Failure to pay or delays in paying, outstanding balances to Nima Group Services, may incur legal proceedings. An administration charge of £125 to start the proceedings will automatically be added to all outstanding balances.

6.7 Failure to comply with the agreed terms of any discounts and/or refunds offered as full and final settlements agreed as per section 6.3, will result in the automatic billing of your card or where applicable reversal of such transaction.
6.8 As per section 12.3, any resulting retraction of any discounts and/or refunds offered or paid as full and final settlement pertaining to claim, will result in the automatic billing of your card or where applicable reversal of such transaction.

LIEN.

7.1 In the event that the Customer refuses to pay any Fees, the Delivery Agent may in its sole and absolute discretion elect to take the vehicle(s) containing the Customer’s items to its depot and store the vehicle and its contents until such time as the Fees are paid in full.
7.2 In the event that the Delivery Agent exercises the right set out in clause 7.1, Nima Group Services may charge the Storage Fee set out in the Schedule hereto.
7.3 In the event that the Customer has not paid all Fees due to the Delivery Agent (including the Storage Fee and Call-Out Charge) and arranged for a suitable time for the contents of any stored vehicle(s) to be delivered, prior to the expiry of 7 days from the original Delivery Date, the Delivery Agent may sell the contents of the stored vehicle(s) belonging to the Customer, deduct any Fees due to it and account to the Customer for the balance of proceeds. The Delivery Agent shall be required to sell the contents at an auction but shall have no further obligation to secure the best value for the contents.

CANCELLATION & RESCHEDULING.

8.1 Nima Group Services reserve the right in its sole and absolute discretion to change or cancel any Booking. Nima Group Services shall notify the Customer by telephone or email as soon as reasonably practicable in the event that any Booking needs to be cancelled or changed.
8.2 Customers may reschedule at any time up to 48 hours prior to the date of the move.
8.3 Any move cancelled or rescheduled within 48 hours prior to the date of the scheduled collection, will incur fees respectively as outlined in the cancellation terms.
8.4 Any move rescheduled within 48 hours prior to the date of the scheduled collection, may result in varying times for delivery.
8.5 As per section 3.6, quotations are only valid for a period of 30 days. Therefore any move rescheduled more than 30 days from the date the quote was created, may be subject to new prices.

GENERAL.

9.1 These Terms are agreed between the Delivery Agent and the Customer. No person other than Nima Group Services shall have any rights under or connection with these Terms under the Contracts (Rights of Third Parties) Act 1999.
9.2 If any court or competent authority decides that any term of these Terms is held to be invalid, unlawful or unenforceable to any extent, such term shall; to that extent only; be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
9.3 Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
9.4 Our failure to enforce any provision of these Terms shall not constitute a waiver of that or any other provision and will not relieve the Member from the obligation to comply with such provision.

OWNERSHIP OF THE GOODS.

By entering into this Agreement, you guarantee that:
10.1 The goods to be removed and/or stored are Your own property, or the goods are Your property free of any legal charge; Or
10.2 You have the full authority of the owner or anyone having a legal interest in them to enter into this Agreement and You have made the owner fully aware of these terms and conditions prior to entering into this Agreement and that they have agreed to them.
10.3 If at any time following the implementation of this agreement to its termination, another person has or obtains an interest in the goods You will advise Nima Group Services of their name and address in writing immediately.
10.4 You will provide a full indemnity and pay costs in respect of any claim for damages and/or costs brought against Nima Group Services if either statement made in 10.1 or 10.2 is untrue.
10.5 If You wish to transfer responsibility of this Agreement to a third party You will advise Nima Group Services in writing providing their full name and address. Thereafter Nima Group Services will issue a new agreement to them. Our Agreement with You will remain in force until We have received a signed agreement from the Third Party.

CUSTOMER RESPONSIBILITY.

It will be your responsibility to:
11.1 Arrange adequate insurance cover for the goods submitted for removal transit and/or storage, against all insurable risks, as our liability is limited.
11.2 Obtain at Your own expense, all documents, permits, permissions, licences, and customs documents necessary for the removal to be completed.
11.3 Pay for any parking or meter suspension charges incurred by Nima Group Services in carrying out the work.
11.4 Be present or represented throughout the collection and delivery of the removal by a trusted person, or persons. Nima Group Services will not be held liable for any misguidance, misinformation or misdirection provided by said trusted person/persons.
11.5 Where Nima Group Services provide You with inventories, receipts, waybills, job sheets or other relevant documents, the Customer shall ensure that they are signed, or signed for by authorised representative as confirmation of collection and/or delivery of the Goods.
11.6 As per section 4.8, take all reasonable steps to ensure that nothing that should be removed is left behind and nothing is taken away in error. Any additional costs incurred, as a direct result of failure to ensure of the above will be billed to the Customer.
11.7 Arrange proper protection for goods left in unoccupied or unattended premises, or where other people such as (but not limited to) tenants or workmen are, or will be present.
11.8 Prepare adequately and stabilize all appliances or electronic equipment prior to their removal.
11.9 Empty, properly defrost and clean refrigerators and deep freezers. We are not responsible for the contents.
11.10 Ensure that all domestic and garden appliances, including but not limited to washing machines, dishwashers, hose pipes, petrol lawn mowers are clean and dry and have no residual fluid left in them;
11.11 Provide Nima Group Services or the Delivery Agent with a correct and up to date contact address and telephone number during removal transit and/or storage of goods.

TIME LIMIT FOR CLAIMS.

12.1 Nima Group Services, and the Delivery Agent must be notified on site and in writing of any loss or damage at the time that the goods are collected from or delivered, immediately or as soon as practically possible.
12.2 The Customer must provide detailed notice in writing of any loss or damage within seven days of delivery by Nima Group Services. We may agree to extend this time limit upon receipt of Your written request provided such request is received within seven (7) days of delivery. Consent to such a request will not be unreasonably withheld.
12.3 Failure to supply reasonable evidence to support a claim or any new evidence that may transpire within 90 days of that claim date contrary to the claim will result in the retraction of any discounts and/or refunds offered or paid as full and final settlement.

DELAYS IN TRANSIT.

13.1 Other than by reason of our negligence or breach of contract, Nima Group Services will not be liable for any delays in transit.
13.2 If through no fault of ours the Nima Group Services is unable to deliver Your goods, these will be placed in storage. The Booking Agreement will then be deemed as fulfilled and any additional service(s), including storage and delivery, will be at the Customers expense.

13.3 Any transit times quoted by Nima Group Services are estimated and based upon information known to Nima Group Services at the time. Transit times may vary due to a number of factors outside Our control including but not limited to changes in sailing or departure dates made by the freight/shipping company, changes in the routes used by the freight/shipping company and port congestion. We will advise You of any material changes to the transit times as soon as We become aware. We will not be liable for any loss or damage incurred by You as a result of delays in transit time unless directly attributable to Nima Group Services’ negligence or breach of contract.

CHARGES.

14.1 In addition to prior confirmation, the customer will be advised of all applicable charges by the onsite team prior to making a payment. When signing the charge sheet provided and by paying the invoice provided upon completion the customer agrees that they have read and accepted all charges on the final invoice.
14.2 Customers will be advised of the standard service charges prior to placing a booking. Any premium service upgrades will be subject to the respective charges.
14.3 Any estimation given serves as a guideline only and are not a promise or guarantee of that work time frame. Should you contract additional services and/or requirements change and/or quantities vary this may result in work times taking longer or shorter than previously specified.
14.4 All charges are subject to VAT.

In the event of any complaints or concerns please contact info@nimagroupservices.co.uk we will aim to respond to all complaints within 10 working days.