5. Exclusions
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.
6. Claims
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.