NOAH’S ARK HOUSE CLEARANCE – TERMS AND CONDITIONS
By engaging Noah’s Ark House Clearance (“we”, “us”, “our”), you (“the client”) agree to the following Terms and Conditions.
Nothing in these Terms and Conditions affects any statutory rights you may have as a consumer.
1. Quotations and Booking Confirmation
1.1 Chargeable Clearances
A booking is confirmed when:
A quotation has been accepted verbally or in writing; and
Any agreed deposit has been paid; or
We have confirmed that the deposit requirement has been waived.
Unless otherwise agreed, a 30% deposit is normally required to secure a chargeable clearance booking.
1.2 No-Charge Clearances
Where we have agreed that the value of items within the property is sufficient to cover the cost of the clearance, the booking is confirmed when:
We have confirmed that the clearance can be undertaken at no charge; and
The client has verbally or in writing confirmed that they wish us to proceed.
1.3 Scope of Work
Our quotation is based on the information available to us when the property is assessed.
This may include information obtained through:
An on-site visit
Photographs
Video
Telephone
Information supplied by the client
The quotation relates to the agreed scope of work and the contents disclosed to us at the time of assessment.
2. Client Disclosure Obligations
The client must provide full and accurate information about anything that may materially affect the clearance.
This includes:
The contents requiring removal
Items that must remain at the property
Garages, sheds, lofts or outbuildings
Property access
Parking and loading restrictions
Stairs, lifts or restricted access
Known structural or environmental hazards
Hazardous or prohibited materials
Ongoing roadworks, building works or utility works
Any other circumstance likely to affect the work
If circumstances are materially different from those disclosed, we reserve the right to reassess the work before continuing.
3. Site Access and Working Conditions
The client must provide safe and reasonable access to the property.
Where applicable, suitable arrangements must also be made for parking and loading.
We reserve the right to suspend or postpone work if we reasonably believe that conditions present a risk to our staff, vehicles, equipment or others.
Where work is delayed or cannot proceed because of circumstances within the client’s control, reasonable additional costs may apply.
4. Material Changes to the Property or Contents
Our quotation assumes that the property and its contents remain substantially as assessed.
If items are:
Added
Removed
Significantly rearranged
Misrepresented
Or otherwise materially different from those shown or described to us
we reserve the right to reassess the clearance.
Where additional charges become necessary, these will be explained to the client before additional chargeable work is undertaken wherever reasonably practicable.
5. No-Charge and Reduced-Cost Clearances
Some clearances can be completed at reduced cost or at no charge because the property contains items with sufficient genuine resale value to offset our labour, transport, disposal and operational costs.
Any such agreement is based on the contents present when the property is assessed.
If items forming part of that assessment are removed, altered or materially misrepresented before the clearance takes place, we reserve the right to reassess the arrangement.
Where the original no-charge or reduced-cost arrangement is no longer commercially viable, we will discuss a revised quotation with the client before proceeding.
6. Deposits
Unless otherwise agreed, a 30% deposit may be required to secure a chargeable booking.
Any deposit paid forms part of the overall agreed price.
Where a booking is cancelled, any amount retained from a deposit will be limited to sums we are lawfully entitled to retain, taking into account work already carried out, costs reasonably incurred and any genuine loss caused by the cancellation.
7. Consumer Cancellation Rights
Where the client is acting as a consumer and the contract has been entered into at a distance or away from our business premises, statutory cancellation rights may apply.
Where applicable, the client may have a 14-day cancellation period.
If the client asks us to begin providing the service during that cancellation period, we may require express confirmation that they wish the work to begin early.
If the client subsequently cancels after work has begun, they may be required to pay for the proportion of services already supplied where permitted by law.
Where the service has been fully completed during the cancellation period following the client’s express request, the statutory right to cancel may end once the service has been fully performed.
Nothing in these Terms and Conditions limits any statutory cancellation rights available to the client.
8. Other Cancellations and Changes
Where no statutory cancellation right applies, or where any applicable statutory cancellation period has expired, the client should provide as much notice as reasonably possible if they wish to cancel or rearrange a booking.
Where a late cancellation causes genuine financial loss because labour, vehicles, disposal capacity or other resources have already been allocated and cannot reasonably be redeployed, we reserve the right to recover reasonable costs or losses resulting from the cancellation.
9. Payment Terms
Unless otherwise agreed:
Any required deposit is payable when the booking is confirmed.
The outstanding balance is payable on completion of the agreed clearance work.
Additional work agreed during the clearance may be invoiced separately.
Payment must be made within the payment period stated on the invoice.
Time for payment is of the essence.
10. Late Payment
Where payment remains outstanding, we reserve the right to take reasonable steps to recover the amount owed.
This may include:
Written payment demands
Debt recovery action
Court proceedings
Recovery of reasonable court, enforcement or recovery costs where permitted by law
Where the client is acting in the course of a business and the Late Payment of Commercial Debts legislation applies, we reserve the right to claim statutory interest, compensation and recovery costs available under that legislation.
11. Variations to the Agreed Scope
Our quotation covers the agreed scope of work.
Any additional work requested by the client may result in an additional charge.
Where reasonably practicable, any additional charge will be explained and agreed before the additional work is carried out.
12. Waiting Time and Delays
Where our team is prevented from working because of circumstances within the client’s control, reasonable additional charges may apply where additional labour, vehicle or operational costs are incurred.
We are not responsible for delays caused by circumstances outside our reasonable control.
13. Parking and Access Costs
The client must inform us in advance of any known parking restrictions, permits, loading restrictions or unusual access requirements.
Where a clearance necessarily incurs agreed parking, permit, toll or similar access costs, these may be included within the quotation or charged separately where agreed.
14. Hazardous, Illegal or Prohibited Materials
Unless expressly agreed in advance, our standard house clearance service does not include hazardous, dangerous, illegal or prohibited materials requiring specialist handling.
This may include:
Asbestos or suspected asbestos
Chemicals
Medical or clinical waste
Gas cylinders
Fuels
Unknown liquids or powders
Other regulated hazardous materials
If such materials are discovered, we reserve the right to isolate the affected area, suspend the relevant part of the clearance and discuss the appropriate next steps with the client.
Specialist removal or disposal may incur an additional charge.
15. Items That Must Remain
The client must clearly identify anything that must not be removed.
Important documents, jewellery, cash, keys, sentimental items and other personal valuables should wherever possible be removed or clearly separated before our team begins work.
At the start of the clearance, we may reconfirm which areas and contents are included within the agreed scope.
16. Authority to Dispose of Contents
By instructing us to clear the property, the client confirms that they have the legal authority to authorise removal of the agreed contents or are acting with the authority of the person who does.
The client must inform us of any item belonging to a third party or any item that must not be removed.
17. Ownership of Cleared Items
Once an item included within the agreed clearance has been removed from the property and accepted into our possession, it may be:
Resold
Reused
Donated
Recycled
Disposed of through an appropriate licensed waste route
Where an agreed no-charge or reduced-cost clearance relies on resaleable contents, those items form part of the commercial basis upon which the clearance was agreed.
18. Charity, Reuse and Recycling
We aim to give suitable items another useful life wherever practical.
Since 2014, Noah’s Ark House Clearance has donated more than £100,000 worth of reusable items to charitable organisations.
Whether an individual item can be resold, donated or reused depends on factors including its condition, safety, suitability, demand and whether receiving organisations are able to accept it at the time.
We cannot guarantee that any particular item will be accepted by a charity.
19. Photographs and Records
We reserve the right to take photographs or video where reasonably necessary to document:
The condition of the property
The agreed scope of work
Access conditions
Items that must remain
Unusual or hazardous conditions
Completed work
Such records may be retained where reasonably necessary for operational, insurance, compliance or dispute-resolution purposes.
Any personal information or identifiable imagery will be handled in accordance with applicable data-protection requirements.
Use of identifiable customer or property imagery for marketing purposes will not be assumed under this clause.
20. Keys and Remote Access
Where the client cannot attend the property, access may be arranged through:
A key safe
An estate agent
A solicitor
A family member
Another authorised representative
Keys provided directly to us
We will take reasonable care of keys placed in our possession and return or transfer them as agreed.
21. Conduct and Behaviour
We operate a zero-tolerance policy towards threatening, abusive, discriminatory or harassing behaviour towards members of our team.
Where such behaviour creates an unsafe or unacceptable working environment, we reserve the right to suspend or terminate the service.
Any sums payable will be determined according to the work completed and any reasonable costs or losses incurred up to that point.
22. Events Outside Our Control
We will not be responsible for delay or failure to perform our obligations where this is caused by circumstances outside our reasonable control.
Where such circumstances occur, we will make reasonable efforts to contact the client and rearrange the work where necessary.
23. Standard of Service
We will perform our services with reasonable care and skill.
Nothing in these Terms and Conditions excludes or restricts liability where it would be unlawful to do so.
Nothing in these Terms and Conditions limits any statutory rights available to a consumer.
24. Complaints
If the client is unhappy with any aspect of our service, they should contact us as soon as possible so that we have an opportunity to investigate and resolve the matter.
Telephone: 07827 609667
25. Severability
If any provision of these Terms and Conditions is found to be unlawful, invalid or unenforceable, that provision will be treated as removed or modified only to the extent necessary.
The remaining provisions will continue to apply.
26. Governing Law
These Terms and Conditions are governed by the laws of England and Wales.
Where the client is acting as a consumer, nothing in this clause removes any mandatory legal rights available to them.
27. Acceptance
By confirming a booking, the client confirms that:
They have read and accepted these Terms and Conditions.
The information supplied is accurate to the best of their knowledge.
They have authority to instruct us to clear the agreed property and contents.
They will inform us promptly if anything material changes before the clearance takes place.