Notice to Collect Goods: Valuer/Appraiser
This Notice to Collect Goods: Valuer/Appraiser is designed to be used when any type of goods are brought to you to carry out a valuation or appraisal for a fee, but where, after you have carried out the valuation, the customer fails to collect the goods or to give any instructions to you as to re-delivery of the goods to the customer. He may or may not have paid your fees for the valuation/appraisal.
In those circumstances, even if you send any reminder(s) to your customer or you are unable to trace him, if he fails to get in touch and collect/arrange delivery of the goods, the law does not permit you to assume that the goods are abandoned. You may not sell or otherwise dispose of them, and you have a legal duty not to deliberately or recklessly damage or destroy the goods.
You will not wish to be burdened with keeping the goods indefinitely, especially if they take up valuable storage space. Fortunately, to enable you resolve this situation, Section 12 of the Torts (Interference with Goods Act 1977 (“TIGA”) provides a special procedure whereby you can send a notice to your customer which imposes an obligation on him to collect the goods. If he then fails to do so, TIGA gives you a right to sell the goods if you first then also send him the Notice of Sale of Goods: Valuer/Appraiser which you can also find in this subfolder.
We strongly recommend that before you make any use of this Notice to Collect Goods: Valuer/Appraiser or the Notice of Sale of Goods: Valuer/Appraiser, you read the Guidance Note: TIGA (Torts (Interference with Goods) Act 1977 which explains in detail what TIGA permits you to do and how to do it in relation to serving notices and subsequently to selling/disposing of uncollected goods.
Other template notices in this subfolder have been included to cover other situations where a business wishes to sell/dispose of customer’s goods, namely where a business has provided (a) vehicle parking facilities; or (b) goods storage services; or (c) repair etc of vehicle services; or (d) repair, servicing, cleaning etc of goods.
Where a tenant has left any of his goods at premises after his lease/tenancy agreement has expired, and the landlord wishes to sell or dispose of those goods, see the equivalent forms of notice in our Property folder.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
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