Breakage during house move-50% pay out?

Questiontime1985

Hi there,
We moved house in December and during the move a box of was dropped. As a result of this a number of items were smashed to pieces.
We put a claim through the removal company and they are saying that due to the age of the item they will only pay 50% of the value of the items. None of the items were more than 5 years old and I feel they have pulled that figure out of thin air. The items cannot be repaired and replacing them will obviously cost more than 50% of their value. Do I have any recourse here?
This is what the contract states :

2.2 In the event of loss of or damage to your goods caused by negligence or
breach of contract on our part, our liability to you is to be assessed as a sum
equivalent to the cost of their repair or replacement, taking into account their age
and condition immediately prior to their loss or damage, subject to a maximum
liability of £40 per item. 
Thanks for any help with this!

Keep_pedalling

The clause seem pretty clear, you don't get  new for old replacement. You say it is obvious that replacement will cost more but can you not replace with second hand purchases?

Questiontime1985

I have looked for second hand replacement yes, a number of items were expensive mugs and so far I have had no luck looking on ebay. So if I want items of same quality I just have to pay up?. I get that it's not new for old but where does that 50% value come from?

dunstonh

What about your home insurance?    Home move coverage varies a lot but you may well find their coverage on that is better.

Aretnap

Questiontime1985 said:

I have looked for second hand replacement yes, a number of items were expensive mugs and so far I have had no luck looking on ebay. So if I want items of same quality I just have to pay up?. I get that it's not new for old but where does that 50% value come from?

Generally if it's on an indemnity basis what's covered is the theoretical price that the item would sell for second hand, irrespective of whether there is actually an exact replacement for sale second hand at this point in time. If you look at items of the same general type, is 50% a reasonable estimate of the price they sell for second hand compared to new?

As above check what your home insurance says about house moves - that will generally provide new for old cover, if it covers goods during a house move. 

davidmcn

Unless it's possible and worthwhile to make a claim on your own insurance, is there an insurance question here? It sounds more like just claiming compensation from your removal firm.

I'd query whether the £40 per item limit is a fair term, though if we're talking mugs I guess it may be irrelevant. 

Sandtree

50% for something that is nearly 5 years old is fairly generous.

As others have explained, removers work on an indemnity basis not a new for old. The only way you can claim more is by showing the secondhand value of the items were more than they are stating (baring in mind the £40 cap). Majority of items depreciate over time but the curve does vary depending on the item and a minority (eg collectables) appreciate.

If you think they have undervalued the items then gather evidence that they sell for more secondhand than they are offering... sold completed listings on eBay can be helpful in doing this.

The other options, as already pointed out, is to consider if its worth making a claim on your home insurance. Assuming both properties are with the same insurers most will cover items whilst being transported and similarly most are on a new for old basis without a £40 limit.