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REMOVALS A Specialist's Job

18th December 1953
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Page 58, 18th December 1953 — REMOVALS A Specialist's Job
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Which of the following most accurately describes the problem?

JAM receiving inquiries relating to furniture removing from prospective buyers of British Road Services vehines. They have evidently realized that this -department of haulage is in a class by itself. They are correct, but some of them also think that it is an easy job. It is therefore quite likely that those already in the removals business are likely to find that competition will become greater as the result of an influx of novices operating under special A licences.

The first thing I would recommend to anyone who is disposed to attempt to break in on that preserve of the industry is that he should join the National Association of Furniture Warehousemen and Removers. Perhaps I had better say try to join, for admission is by no means easy. I make that recommendation because I have a high opinion of that association. If an operator is admitted, I shall believe that his credentials are good.

• Art and Business But I have always held that furniture removing is an art as well as a business. It may be a good or a bad omen that the inquiries I am receiving are not greatly concerned about costs and charges. What seems to be troubling these would-be furniture removers more than anything just now is the risks they will be bound to run if and when they get a start in the work.

They are quite right in being apprehensive: there are special risks arising out of this branch of haulage. The association to which I have just referred afford protection to their members, and not the least of their accomplishments is their schedule of conditions under which any one of their members agree to move any furniture. This article is based on the contract form which members agree to operate. It is printed on the back of the form of estimate which the association recommend their members to use—a model of its kind.

Both dockets are fair and reasonable inasmuch as they protect the customer as well as the operator. The risks involved in moving a load of household furniture are of two kinds. First, there should be a complete understanding, on the part of the householder, of the terms of the agreement. He should be quite clear in his mind as to the extent of the work which the remover is to do for him. So far as the haulier himself is concerned, he must take such precautions as are open to him to guard against the danger of excessive and unreasonable claims for damage.

Form of Estimate The first step is to provide that the customer is presented with a written estimate for the work to be done. Such procedure is provided for in the contract form issued by the association. It is made up into a four-page leaflet. On the first page is the form of estimate. On the second page, that is to say on the back of the estimate, is the set of 28 conditions. Page three serves as an acceptance of the estimate, to be signed by the customer.

It is Significant that among the clauses on this form of acceptance is one in which the customer agrees " to the conditions specified in your estimate and printed on the back hereof...." That, of course, is particularly important. The set of conditions is repeated and forms page lour of the leaflet. llbe forms -areperforated so that the customer can retain the estimate and the remover the acceptance. On the back of both is the schedule of conditions.

Before presenting his estimate, however, the furniture remover should make an inspection of the furniture and of the premises at both ends of the journey. Only in this way B24 can he discover if there are any snags which would tend to make the removal more difficult than ordinarily, justifying some provision in the way of increased charges. This is important. Without taking this precaution, there may be extra work involved which might turn the proposition into a dead loss.

In some cases, the inspection of the premises at the far end of the journey is impracticable, in which case the operator may decide to take something on trust. Prpvision against unusual difficulties at either end of the journey is made in the conditions under which the work is going to be done.

Accompanying the forms of estimate and of acceptance is a set of "suggestions." These are important and should be emphasized. There are four of them. The first recommends the customer to advise his fire-insurance company of the intended removal. The second applies only in the event of some of the furniture being put into store. In that connection, it is recommended that goods which the customer may wish to inspect from time to time, or have access to for any purpose during the period of storage, should be marked "keep forward," Suitable labels will be provided by the furniture remover. The third suggests that goods stored for long periods should from time to time be examined. The fourth, that packages containing plate, jewellery or valuables should be sealed and handed to the foreman.

Protection for Remover

Now to deal with some of the conditions. The early clauses provide protection for the remover against undue difficulty in executing his task. As price is the governing factor in work of this kind, the wording of the conditions must embody references to the estimate. Without that there is no point in having conditions, for unless a price is quoted there is nothing to limit the work which the haulier is prepared to do or is likely to be called upon to do. This factor emphasizes the importance of giving every prospective customer a written estimate before any agreement is made to carry out the work.

The first condition provides that the estimate is furnished on the understanding that the removal men are not to be interrupted in their work. They are to be able to go ahead as soon as they arrive and this, of course, presumes that a time for their arrival will be agreed with the householder.

Another clause provides that, the removal can be effected by ordinary stairs and doors and that, if window tackle or any special provision is necessary, an extra charge can be made. I assume that this clause is one to cover those cases in which the operator has not visited the premises at the outward end of the removal; otherwise he operator should know beforehand that such difficulties exist and should have made provision for them in the estimate. I am told that many furniture removers prefer to „rely on this clause and save thmselves the trouble of going to inspect the delivery end of a journey.

Details of practical importance are the subject of several clauses such as putting on the householder the onus of seeing that nothing is left behind which should have been removed. Another states that the estimate does not cover the re-erection of fixtures and fittings: the householder is wathed against submitting for removal or storage anything which may cause damage to other goods in store.

Payment for the removal is due and payable before the goods are removed, unless some other provision is made beforehand. If the account is not paid,the contractor may take all or any part of the goods in his hands or retain them in store, and shall be entitled to charge for warehousing the goods and for any expenses in connection with taking the goods to and removal from store.

Under clause 10 of these conditions the contractor claims a general lien on all goods in his possession, for all moneys due to or liabilities incurred by him, and if part of the goods have been delivered, etc., the contractor shall still have a general lien upon the remainder of such goods.

Most of the clauses refer to risks in connection with the warehousing, and as practically every remover also provides facilities for warehousing, it is as well to know what the risks are and how the conditions exempt the operator from loss,

Loss or Damage

Some of the clauses relating to this department of the furniture remover's business are familiar inasmuch as they appear on all sorts of forms of contract. A sample clause reads: "The rates quoted include risks against loss or damage (fire, railway accidents, aircraft or marine risks excepted) not exceeding £10 on any one article, suite, or package unless the value has been previously declared in writing and insurance premium paid in respect of the same."

Another risk against which the haulier must guard himself is that involved in the careless packing of goods by the householder. The packing of furniture, particularly breakable articles, for transport, is a business which calls for expert knowledge. The haulier who is too thoughtlessly rushing into this business may well pause and consider this aspect of the matter. If he has had no experience, he will be well advised to leave furniture removing to those who have, unless he takes the precaution of engaging capable assistants.

Nevertheless, it is still necessary for him to provide against the amateur efforts of the householder. To that end he should include a clause to the effect that he will recogniie no claim for loss of or damage to any article contained in drawers or for any package or case not packed by his own employees,

Temperamental Loads . The householders are recommended. to fill drawers and trunks with only household linen and clothing, small Photograph frames and sundry items—things which obviously will not suffer damage in transit. The remover should also make it clear that he will not be responsible for plate or other valuables unless these are specially given to his foreman under seal. It is also usually insisted that Written notice of the inclusion of such plate and valuables shall be sent to the remover before the date of removal.

Clocks, barometers, refrigerators, and the like are a source of trouble to furniture removers, and no matter how careful may be their handling it is nearly always the case that some adjustment is necessary. In the circumstances it will be appreciated that no haulier must allow himself to get into such a position that a customer makes a claim on him because of the necessity of such adjustment. A clause to that effect is essential among those conditions attaching to the estimate of furniture removal. It is enough to refer to the fact that the items specified frequently require adjusting after removal and that in consequence of that fact, the furniture remover does not accept any liability in respect of them.

Another thing to watch is the chance that, long after the removal has been carried out, the remover receives a claim for damage. The delay in making the claim may be, and .1;iften is; all above board; the householder may not have noticed the damage until some time after, or he may have noted it at the time, but inadvertently delayed putting in a claim. Unfortunately, the remover cannot rely on that reasonable attitude; his duty is to -guard against the dishonest client,

Accordingly, a time limit must be set to the period in which the remover will consider claims for damage or breakage. For this and other reasons, limited provision is necessary, for if more than a few days are allowed to elapse, all sorts of damage to the furniture might be done without the haulier being in any way responsible. It is usual to set a limit of three or four days from the time of delivery of the goods and to refuse to entertain claims for breakage or loss made after that date. _ There is another claim besides that for damage. That is on account of loss of goods either during their removal from the first house to the van, in transit, or in transferring them again from the van to the premises where they were, presumably, delivered. The furniture remover is, of course, responsible for the doings of his workmen, and if none but his own men had been engaged on the job he would have been held liable.

Obvidusly, however, the conditions are entirely altered if some other party is present, and a clause in the conditions will be to the effect that when other workmen are in the house during the course of the removal no responsibility can be accepted for the loss of goods.

Another kind of claim which must be given attention in this matter is that for loss occasioned by delay in transport. A clause something like the following might be suitable: "Every endeavour will be made to complete the removal by the time stated; but no liability can be accepted in the event of delay in transit by boat, train, technical breakdown, or through stress of weather or other unavoidable circumstance."

Conditions 1VInst be Known

In completing this reference to the conditions which should form part of a contract of removal, it is important to emphasize that for them to be binding the parties concerned must be fully aware of them. Conditions of• this kind are only enforceable in these circumstances and, in case of dispute, the first question that will be asked is whether the claimant for damages was in any way made aware of those conditions.

One method of ensuring that he or she has such knowledge is to print the conditions on the back of the-form for the estimate and, on the front, to set out a notice drawing attention to the fact that the conditions are so Placed. As has been stated, that procedure is followed in the printed estimate form and acceptance form issued by the NA.F.W.R.

The haulier who is to undertake, as is customary, the dual responsibilities of furniture removal and storage should also be careful to use the same means for guarding himself against the risks attaching to that side of his business. I do not propose to go into these provisions at length. It is sufficient to state that the conditions are concerned with formalities governing the accePtance and release of goods; limitation of liability, especially in respect of damage arising from a variety of causes; payment of charges regularly; steps to be taken in the event of no payment being made; and reference to liability for the salvage of dangerous or explosive goods. S.T.R.

• Anyone who contemplates taking advantage of the denationalization of long-distance road haulage to engage in road transport requires first to know the cost of operating commercial vehicles, secondly to be able to calculate a fair rate and thirdly to understand the law which has made possible his entry into the industry.

The first two requirements are met by "The Commercial Motor Tables of Operating Costs," which are obtainable from any bookseller or from Temple Press Ltd., Bowling Green Lana, London, E.C.1, at 2s. 6d. (2s. 8d. by post).

Knowledge of the law is provided in an easily understood form by "The Operator's Guide to the Transport Act, 'PM," also published by Temple Press Ltd. It costs is. 6d. (1s. 8d. by post).


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