Terms Of Sales

These Terms and Conditions apply to cleaning, maintenance, repair and related exterior property services supplied by Clearance Service. Please read them carefully before accepting a quotation or asking us to begin work.

1. About Us

Clearance Service is a family-run house clearance business based in Mid Sussex, providing services throughout Burgess Hill, Haywards Heath, Sussex and the wider South East.

In these Terms:

“we”, “us” and “our” mean Clearance Service;
“you” and “your” mean the person or organisation purchasing our services;
“Services” means the work described in our quotation or otherwise agreed with you;
“Property” means the premises, land, buildings, surfaces or items on which we are carrying out the Services.

Our contact details are:

Clearance Service
Trading address: 41 West Park Crescent, Burgess Hill, West Sussex RH15 9TF
Telephone: 07765 364740
Telephone: 01444 241853
Email: info@clearanceservice.co.uk

2. Our Services

Our services include, but are not limited to:

house clearance;
hoarded property clearance;
probate clearance and valuation;
office clearance;
garden, garage and loft clearance;
waste removal and recycling;
bereavement clearance;
end of tenancy clearance;
commercial and retail clearance; and
other clearance and waste management services agreed with you.

The exact Services included in a job will be those stated in our quotation or subsequently agreed with you.

3. Quotations

Unless stated otherwise, quotations are provided free of charge and without obligation.

A quotation is based on the condition, dimensions, accessibility and other circumstances visible or disclosed to us when the quotation is prepared.

A quotation may be revised if:

the area or scope of work changes;
measurements or quantities supplied by you are inaccurate;
access is materially different from what we were told;
the condition of the Property is materially different from what could reasonably have been identified when quoting;
hidden defects or additional work are discovered;
you request additional Services; or
circumstances arise which could not reasonably have been identified before the work began.

We will normally discuss additional charges with you before carrying out additional chargeable work. Unless stated otherwise on the quotation, accepting our quotation does not entitle us to carry out work beyond the scope described in it.

4. Formation of the Contract

A contract is formed when you accept our quotation or otherwise instruct us to proceed and we confirm that we have accepted the booking. Acceptance may take place verbally, by telephone, text message, WhatsApp, email, electronically or in writing.

The contract consists of:

our quotation;
any subsequently agreed amendments;
these Terms and Conditions; and
any specific written information or instructions we provide for the particular Services.

If there is a conflict, specific terms stated in the quotation will normally take priority over these general Terms.

5. Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer.

Where you are a consumer, we will provide our Services with reasonable care and skill and in accordance with applicable UK consumer law. If no specific completion date has been agreed, the Services will be carried out within a reasonable time.

6. Information About the Property

You must tell us about anything which may materially affect our work, including where applicable:

fragile items or antiques;
hazardous materials;
restricted access points;
items not belonging to the customer;
structural defects in the property;
asbestos or other hazardous materials; and
any other known defect or hazard.

We are entitled to rely on information you provide to us.

7. Pre-existing Damage and Defects

Exterior cleaning can reveal defects that were previously hidden by dirt, moss, algae, paint, sealant or other contamination. Examples include:

damaged flooring or walls;
broken fixtures;
structural damage;
damaged render;
deteriorated timber;
concealed damage;
pre-existing damp;
unstable surfaces;
corrosion;
faded materials;
defective gutters; and
defective drainage.

We are not responsible for defects which existed before our work began. We will take reasonable care when carrying out the Services.

Where a surface is already defective, fragile, poorly installed or deteriorated, normal professional cleaning may reveal or worsen that underlying defect despite reasonable care being taken. This does not exclude liability where damage has been caused by our failure to exercise reasonable care and skill.

8. Clearance Results

We will use appropriate professional equipment and methods. However, house clearance is a removal and disposal process and does not necessarily return a property to an “as new” condition. Some issues may be permanent. These can include:

deep-seated odors;
permanent staining on floors or walls;
damage behind removed items;
long-term damp or mold issues; and
historic contamination.

We cannot guarantee complete removal of every stain. A cleaned surface can also show differences in colour where areas have weathered at different rates. Unless specifically stated in our quotation, we do not guarantee that moss, weeds, algae, lichen or other organic growth will not return.

9. Hazardous Materials

We are licensed waste carriers, but we are not licensed to remove certain hazardous materials unless specifically agreed in writing. These may include:

asbestos;
biological waste;
chemicals and toxic substances;
gas cylinders;
large quantities of paint; and
other hazardous materials identified during the clearance.

10. Access and Parking

You are responsible for ensuring we have adequate access to the property and a place to park our vehicles. Any parking fines incurred due to insufficient information or lack of permits provided by you will be added to the final invoice.

11. Items of Value

While we take every care to identify items of value, you must clearly mark or remove any items that you wish to keep before the clearance begins. We cannot be held responsible for the removal of items that were not clearly excluded from the clearance.

16. Your Responsibilities Before We Arrive

Unless otherwise agreed, you should provide reasonable access to the work area. You should, where practical:

move vehicles from the working area;
move fragile furniture and ornaments;
remove or secure lightweight garden items;
close windows and doors;
keep pets and children away from the working area;
identify anything particularly fragile or valuable;
tell neighbours where their property could reasonably be affected by spray or access;
ensure we have any necessary permission to enter neighbouring or shared areas; and
provide access to gates, side passages and other parts of the Property required for the work.

We will not be responsible for delays caused by a failure to provide reasonable access.

17. Water and Equipment

We normally operate as a self-contained unit using our own professional equipment and water supply. Where the nature of a particular job requires the use of facilities at the Property, this will be agreed where reasonably practicable.

You must not operate, move or interfere with our machinery, hoses, access equipment or cleaning products.

18. Electricity, Doors, Windows and External Equipment

You should tell us about external electrical equipment or installations which may be vulnerable to water. Where reasonably possible, doors and windows should be closed before exterior cleaning begins.

We will take reasonable precautions around external lights, sockets, cameras, doorbells, alarms and similar equipment that is visible to us. You remain responsible for telling us about hidden, defective or unusually vulnerable installations.

19. Access and Safety

We are responsible for determining the safe working method used by our team. You must not instruct our team to carry out work which we reasonably believe is unsafe.

We may stop, postpone or change the method of work where we reasonably consider this necessary for health and safety reasons. This may include adverse weather, unsafe access, unstable surfaces, defective structures or hazardous materials.

20. Weather

Many of our Services are weather dependent. Rain, frost, high winds, extreme temperatures and other weather conditions can affect cleaning, chemical treatments, roof work, re-sanding, sealing and drying times.

We may therefore postpone or reschedule all or part of the Services where weather conditions make it unsafe or impractical to achieve an appropriate result. A weather-related postponement is not a cancellation of the contract. We will arrange a new date as soon as reasonably practicable.

21. Timings

Any dates or times given for starting or completing work are estimates unless we specifically agree otherwise in writing. We will make reasonable efforts to attend as arranged.

We are not responsible for reasonable delays caused by weather, unsafe conditions, equipment breakdown, traffic disruption, illness, emergencies, supply problems or circumstances outside our reasonable control. Where a significant delay occurs, we will keep you informed and arrange a reasonable alternative.

22. Additional Work

If additional work is found to be necessary, we will normally explain this and seek your agreement before carrying it out. Additional work may result in an additional charge.

Where urgent minor work is reasonably necessary to prevent immediate damage or make the Property safe, we may take reasonable protective action and will explain what has been done.

23. Price and Payment

The price payable will be the price stated in our quotation together with any additional work subsequently agreed with you. The quotation will state whether VAT is applicable where relevant.

Payment must be made in accordance with the payment terms stated on the quotation or invoice. Where no different payment terms have been agreed, payment is due following completion of the Services and receipt of our invoice.

You must raise any genuine query about an invoice as soon as reasonably possible. You should not withhold an undisputed part of an invoice because another part is disputed.

24. Deposits and Advance Payments

Where a deposit or advance payment is required, we will tell you before accepting the booking. Any cancellation or refund of a deposit will be dealt with fairly and in accordance with applicable consumer law.

Where you cancel outside any statutory cancellation period, we may deduct or recover reasonable costs and losses which we have actually incurred as a direct result of the cancellation. We will not impose a cancellation charge which is disproportionate to our actual reasonable loss.

25. Consumer Cancellation Rights

If you are a consumer and the contract is entered into at a distance, such as by telephone, email, WhatsApp or online, or is entered into away from our business premises, you will normally have a legal right to cancel the contract within 14 days without giving a reason. The cancellation period normally starts on the day after the contract is entered into.

You may exercise your right to cancel by making a clear statement to us that you wish to cancel. You may use the cancellation form at the end of these Terms, but you do not have to use that form.

26. Work Requested During the 14-Day Cancellation Period

You may ask us to begin Services before the end of your statutory 14-day cancellation period. Where applicable, we will ask you to expressly request that the Services begin during that period.

If you then cancel after the Services have begun, you may be required to pay a reasonable proportion of the agreed price for the Services already supplied up to the time you cancel.

Where the Services have been fully performed during the cancellation period following your express request and you have acknowledged that your cancellation right will be lost once the Services are fully performed, your statutory right to cancel will end when the Services have been completed.

27. Cancellation After the Statutory Cancellation Period

You may ask to cancel or postpone a booking after any statutory cancellation period has expired. We ask you to give us as much notice as reasonably possible.

If your cancellation causes us a genuine financial loss, for example because:

materials have been specially purchased;
non-refundable equipment has been hired;
specialist access equipment has been booked; or
we have suffered another reasonable and unavoidable direct loss,

we may charge a reasonable amount to cover that loss. We will take reasonable steps to reduce any loss caused by cancellation.

28. Cancellation or Postponement by Us

We may cancel or postpone work where reasonably necessary because of:

dangerous weather;
unsafe access;
an unsafe Property;
undisclosed hazards;
illness or emergency;
equipment failure;
inability to obtain required materials;
abusive or threatening behaviour; or
circumstances outside our reasonable control.

Where we permanently cancel work which you have already paid for, we will refund the amount relating to Services which have not been supplied.

29. Completion and Inspection

Where practical, we encourage you to inspect the completed work.

If you believe something has not been completed in accordance with the agreed Services, please tell us as soon as reasonably possible. We should normally be given a reasonable opportunity to inspect the issue and, where appropriate, put it right. Nothing in this section limits your statutory consumer rights.

30. Complaints

We want to resolve genuine problems quickly and fairly. If you are unhappy with any part of the Services, please contact us using the details in section 1. Please provide:

your name;
the Property address;
the date of the work;
a description of the problem; and
photographs where they would help us understand the issue.

We will investigate the complaint and respond within a reasonable time. Where Services have not been carried out with reasonable care and skill, consumers may have statutory remedies including repeat performance or an appropriate reduction in price.

31. Damage

We will take reasonable care to avoid damage to your Property. You should notify us promptly if you believe our work has caused damage and give us a reasonable opportunity to inspect it.

We are responsible for loss or damage which is a reasonably foreseeable consequence of our failure to exercise reasonable care and skill. We are not responsible for loss or damage caused solely by:

a pre-existing defect;
defective construction or installation;
deterioration;
information that you failed to disclose;
your failure to follow reasonable instructions;
work undertaken by another person; or
circumstances which reasonable professional care could not have prevented.

32. Our Liability

Nothing in these Terms excludes or restricts liability where it would be unlawful to do so. In particular, nothing excludes or restricts liability for:

death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; or
any liability which cannot legally be excluded.

If you are a consumer, we are responsible for foreseeable loss or damage caused by our breach of contract or negligence. We are not responsible to a consumer for losses relating to business activity, including loss of profit, revenue or business opportunity, where the Services were purchased wholly for private use.

33. Business Customers

Where you purchase our Services wholly or mainly for business purposes, you are a business customer rather than a consumer. Consumer-specific rights described in these Terms do not apply to business customers where the law does not require them to apply.

Unless expressly agreed otherwise, we will not be liable to a business customer for indirect or consequential loss, loss of profit, loss of revenue, loss of business or loss of anticipated savings, except where liability cannot legally be excluded. Any specific commercial liability limits agreed for a particular contract will be stated in the quotation or other written agreement.

34. Third-Party Property

You must have authority to instruct us to carry out work at the Property. Where work may affect:

neighbouring property;
jointly owned property;
communal areas;
rented property;
leasehold property; or
property managed by another organisation,

you are responsible for obtaining any necessary permission unless we expressly agree otherwise.

35. Photographs

We may take photographs before, during or after work where reasonably necessary to:

record the condition of the Property;
document work undertaken;
deal with a quotation, insurance matter or complaint; or
maintain our business records.

We will handle any personal information in accordance with our Privacy Policy. We will not deliberately publish information that identifies you personally without an appropriate lawful basis or your permission.

36. Subcontractors and Other Workers

We may use employees, contractors or specialist trades where reasonably necessary to provide the Services. We remain responsible for the Services we have contracted to provide to you.

37. Waste and Debris

Cleaning Services may produce dirt, sand, moss, leaves, sludge and other debris. We will manage waste arising directly from our Services in a reasonable manner appropriate to the job. Existing waste, hazardous materials or unrelated waste at the Property is not included unless specifically agreed.

38. Events Outside Our Control

We will not be responsible for delay or failure to perform caused by an event outside our reasonable control. This may include severe weather, flooding, fire, road closures, equipment failure despite reasonable maintenance, supply disruption, government restrictions or other events which we could not reasonably avoid.

Where such an event significantly affects the Services, we will contact you and take reasonable steps to minimise disruption.

39. Changes to These Terms

We may update these Terms from time to time. The Terms which apply to your particular contract will normally be those provided or made available to you when the contract was entered into. We cannot retrospectively impose a material change to an existing consumer contract without your agreement.

40. If Part of These Terms Is Invalid

If a court or other competent authority decides that any provision of these Terms is unlawful or unenforceable, the remaining provisions will continue to apply.

41. No Waiver

If we do not immediately enforce a right under these Terms, this does not mean that we have given up that right.

42. Third-Party Rights

Unless specifically stated otherwise, the contract is between you and us. No other person has a right to enforce its terms under the Contracts (Rights of Third Parties) Act 1999.

43. Governing Law

These Terms and our contracts are governed by the laws of England and Wales. If you are a consumer, you retain any mandatory legal rights regarding where legal proceedings may be brought. If you are a business customer, the courts of England and Wales will have exclusive jurisdiction unless we agree otherwise in writing.

Model Cancellation Form

Complete and return this form only if you wish to cancel a contract and have a legal right to do so.

To:
Clearance Service
41 West Park Crescent, Burgess Hill, West Sussex RH15 9TF
info@clearanceservice.co.uk

I hereby give notice that I wish to cancel my contract for the following Services:

Services:
Date the Services were ordered/agreed:
Customer name:
Property address:
Customer address, if different:
Telephone/email:
Signature, if sent on paper:
Date: