Advanced Payment Guarantee
What is an Advance payment Guarantee?
When you move home, whether within the UK or internationally, it is standard practice to pay for the services in advance. From time to time removal companies can get into financial difficulty leaving the customer unable to proceed or complete their removal.
For your peace of mind we have put in place an Advance Payment Guarantee (Guarantee) with The Baxendale Insurance Company DAC.
How does it work?
If you have booked removal services, paid in advance, and the company enters liquidation (a legal term for closing down a business due to the fact it has insufficient funds to continue trading) then the Guarantee will fund the cost of carrying out the services if they have not started or completing the services if partially complete at the time of liquidation.
As you would expect the Guarantee has terms and conditions which are set out below:
“Advance Payment Guarantee” means this Guarantee
“Customer” means the individual who has contracted with the Remover and whose name appears on the Remover’s acceptance form.
“Liquidation” means liquidation of the Remover under prevailing insolvency legislation.
“Removal Charges” means the charges paid by the Customer to the Remover in advance of the start of the Services and which are subject to this Guarantee.
“Removal Contract” means the contract between the Customer and the Remover.
“Services” means services relating to domestic household removals.
2. Geographical limits
This Guarantee applies to Removal Charges arising under a Removal Contract relating to
a) Services within the United Kingdom; and
b) International Services which originate in the United Kingdom or terminate in the United Kingdom.
3. Types of payment covered by the Guarantee
The Guarantee applies to Removal Charges paid by:
b) debit card,
c) BACS Bank Transfer or
Removal Charges paid by credit card are not covered by this Guarantee as the Customer will have recourse against the credit card company under section 75 of the Consumer Credit Act 1974.
4. Scope of Guarantee
The Guarantee is a guarantee of “last resort.” A claim under the Guarantee can only be made if the Customer has no other redress available at the time the claim is made.
The sole purpose of the Guarantee is to pay for the Services to be completed.
For the avoidance of doubt the Guarantee:
I. Will not pay for any refund claimed by the Customer; or
II. Pay for the Services to be completed by a third-party remover appointed by the Customer.
This Guarantee shall not apply to:
a) Commercial Services of any kind or description.
b) Contracts with business entities such as but not limited to partnerships, limited liability partnerships, limited companies, and sole traders.
c) Credit card payments.
d) Services related to non-household items.
e) Services moving donations or legacies.
f) Sale of packing materials.
g) International Services between countries other than the United Kingdom.
h) Services funded by third parties.
i) Redelivery from store or collections from store unless paid for in advance.
j) Storage charges.
k) Insurance premiums.
l) Claims for physical loss or damage to goods subject to the Removal Contract.
m) Indirect or consequential losses arising from the Removal Contract or the Liquidation such as, but not limited to loss of use, loss of profits, delays, additional costs and expenses and any financial or economic loss or damage of any description.
n) Customer refunds.
o) Claims submitted 6 months or more after the Liquidation.
Claims under the Guarantee must be submitted within 6 months of the Liquidation.
The claim must be supported by the following evidence:
a) Customer reference number.
b) Full name and address of person making the claim.
c) Identification to show that the person making the claim is the person named on the Removal Contract.
d) Copy of signed acceptance.
e) Copy of receipted invoice showing Removal Charges.
f) Evidence of payment of Removal Charges.
7. Guarantee limit
The Baxendale’s liability shall not exceed the amount paid by the Customer to the Remover in advance of the Services under the Removal Contract.
If the third-party removal company, appointed to complete the Services by the Liquidator, charges less to complete the Services than the Removal Charges, then Baxendale’s liability for the claim under this Guarantee will be limited to the lesser amount.
Claims under this Guarantee will be settled once all claims have been lodged and considered
8. Contracts (Rights of Thirds Parties) Act 1999
The provisions of the Contracts (Rights of Thirds Parties) Act 1999 do not apply to this Guarantee. This Guarantee does not confer any rights or benefits on any third parties and no third party can make a claim under this Guarantee or enforce any rights under the Guarantee
9. Law and Jurisdiction
This Guarantee shall be governed by and construed in accordance with the Laws of England and Wales and shall be subject to the exclusive jurisdiction of the English Courts.