General Terms and Conditions for Feitsma Removals 2015
These General Terms and Conditions of Feitsma Removals come into effect on April 1, 2015.
ARTICLE 1 – Definitions
ARTICLE 2 – Applicability
ARTICLE 3 – The offer
ARTICLE 4 – Contents insurance
ARTICLE 5 – Moving price
ARTICLE 6 – The Agreement
ARTICLE 7 – Customer’s obligation to provide information
ARTICLE 8 – Obligations of the Remover
ARTICLE 9 – Dangerous goods or substances
ARTICLE 10 – Customs formalities
ARTICLE 11 – Amendment of the agreement when moving house
ARTICLE 12 – Cancellation and Dissolution
ARTICLE 13 – Payment
ARTICLE 14 – Liability of the Remover
ARTICLE 15 – Customer’s liability
ARTICLE 16 – Report of damage
ARTICLE 17 – Compensation for liability
ARTICLE 18 – Complaints
ARTICLE 19 – APPLICABLE LAW
ARTICLE 20 – CHANGES
ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following definitions apply:
Customer: the client and/or consumer whose removal goods are the subject of the removal agreement; Consumer: consumer, natural person, who acts for purposes outside his business or professional activity; Consumer relocation: relocation of a consumer’s household effects;
Mover: Feitsma Verhuizingen contractor, who professionally takes care of consumer removals; Removal agreement: the agreement for the transport of goods whereby the Remover undertakes vis-à-vis the customer to transport removal goods either exclusively in a building or residence, or exclusively partly in a building or residence and partly by road, or exclusively by road; Removal goods: items that are located in a covered or uncovered space and that are intended for the furnishing, furnishing or furnishing of that space and have already been used as such; Household contents: all removal goods that fall under the removal agreement; money and valuable paper are not included in the household effects; Consumer relocation: relocation of the household effects of a natural person who is not acting in the course of a profession or business; Company: any company or institution, whether independently established or not, with or without a profit motive; Delay damage: financial loss as a result of delayed delivery of removal items, as referred to in Section 6:96 of the Dutch Civil Code; New value: the amount immediately necessary for the damage to purchase new items of the same type and quality; Current value: the new value less an amount due to depreciation due to aging or wear; Market value: the amount for which an item can be traded on the regular market; Additional work: at the later request of the customer
relocation agreement have been agreed; Reduced work: work agreed upon at the time of concluding the removal agreement with regard to which the Remover and the customer later agree that these activities will not be performed by the Remover.
ARTICLE 2 – APPLICABILITY
1. These general terms and conditions apply to consumer removals: – within a building; or – involving transport solely by road, including transport by truck by ferry or rail within Europe, as part of the road transport route (e.g. transport to the UK by ferry or via the Channel Tunnel); – or a combination thereof. All this insofar as these take place within, from or to the Netherlands.
2. Other general terms and conditions can be agreed on removals that are (partially) not carried out by road.
3. These general terms and conditions do not apply to: – consumer removals overseas; – consumer removals on behalf of a third party who
take place against the will of the owner of the removal items (evictions); – the sale and rental of materials used by the customer to carry out a removal at his own expense and risk.
If storage or custody of the removal goods also takes place in connection with the removal, then the General Conditions for the storage of removal goods (AVBV 2015) apply, in which case these conditions are sent with the offer or at the latest when the contract is concluded. the cold-storage agreement has been handed over to the customer. Furthermore, the conditions will be sent on first request. The conditions can be viewed and downloaded at www.erkendeverhuizers.nl under the heading General conditions.
ARTICLE 3 – THE OFFER 1. The offer is made in writing or electronically. 2. The quotation shall in any event state: – the work to be performed by the Remover; – the price of those activities (including VAT); — that the household effects are insured during the move within the Netherlands up to an amount of € 100,000 in accordance with Article 4 of these conditions; that these general terms and conditions apply to the work to be performed. A copy of this will be sent with the quotation or will be provided to the customer at the latest when the removal agreement is concluded. 3. The quotation is dated and is irrevocable for thirty days after the quotation date. Acts such as removing, picking up, disconnecting, placing or hanging lamps, curtains, carpeting, stoves, fireplaces, sanitary facilities and anything else that is attached to or on ceilings, walls, floors and roofs, dismantling and assembling a waterbed are standard outside the offer.
ARTICLE 4 – CONTENTS INSURANCE 1. The Remover has insured the household effects for the customer during the move within the Netherlands up to an amount of at least €100,000 against material damage to the household effects arising during the move. 2. The following additional conditions apply when the damage is paid out under this insurance: – The household effects, with the exception of the vehicles and vessels mentioned below and objects with an antiquarian or rarity value, are insured on the basis of current value. Motor vehicles, trailers, caravans, vessels and the associated parts and accessories always receive a payment based on the current market value. – For objects with an antiquarian or rarity value, a payment based on market value applies. Damage is considered to be the difference between the value of the insured items immediately before and immediately after the event, or, at the option of the insurers, the repair costs determined by experts immediately after the event, plus the depreciation not canceled by the repair as determined by experts. established. – In the event of theft of personal jewelry, a maximum insurance policy of € 5,000 applies per event. – In the event of damage to goods intended for trade and professional purposes, a maximum compensation of € 25,000 per event will be granted. 3. Determination of the value (current value or market value) is done by experts, or on the basis of preliminary valuation if a valid valuation report exists. If parts of the removal items have been appraised in advance, this preliminary appraisal will apply for three years (calculated from the date of the appraisal report). 4. . In case of storage as part of the move within the Netherlands, the household effects are insured for the first 30 days as with a move. If no other agreements are made between the parties, the household effects will remain insured (for compensation) in accordance with paragraph 1 of this article. When extending the storage period, the customer has the choice to keep the household effects insured (for a fee) on the basis of article 4 paragraph 1 of these general terms and conditions, or for another amount to be agreed. If the insurance (possibly for a changed amount) is not continued, the liability of the deposited after the end of the first 30 days of storage is limited on the basis of the AVBV 2015 .
ARTICLE 5 – REMOVAL PRICE
1. The method used to calculate the removal price is: – an all-in price (work contracting method) for which the removal is carried out in full, including turnover tax and the agreed elements and activities mentioned in the second paragraph 6 of this article, but with the exclusion of the unforeseen expenses referred to in the third paragraph; – a cost price, calculated on the basis of rates agreed in advance per volume and/or distance and/or duration, in which the agreed activities and the pricing method are described. When a target price has been issued at the request of the customer, it may not be exceeded by more than fifty percent.
2. The removal price is determined by the following elements and activities of the Remover, insofar as they have been agreed in the removal agreement: – the transport, including loading and unloading of the removal goods; – packing and unpacking goods to be transported in crates or boxes and disassembling and reassembling pieces of furniture; – actions such as removing, picking up, disconnecting, placing or hanging lamps, curtains, carpeting, stoves, fireplaces, sanitary facilities and anything else that is attached to or on ceilings, walls, floors and roofs, dismantling and assembling a waterbed. However, the Remover may only perform this work if no specific professional knowledge is required; – the premiums and reimbursements for the insurance policies as referred to in Article 4 and the guarantees in Article 7.
3. Unless otherwise agreed in writing or electronically, the removal price does not include: Acts such as purchasing, taking up, disconnecting, placing or hanging up lamps, curtains, floor coverings, stoves, fireplaces, sanitary facilities and anything else that is attached to or on ceilings, walls, floors and roofs, the disassembly and assembly of a waterbed, the costs for the use of ferries and springs, tolls to be paid, parking exemption and permits, border and customs costs and costs reasonably incurred for taking unforeseeable measures for the preservation or delivery of the removal items.
4. In the event of additional work, the Remover will preferably issue an adjusted offer in accordance with Article 3, unless this is not possible due to the urgency of the additional work.
5. The removal price will be increased if the customer owes the Remover other costs in accordance with these terms and conditions, or in connection with additional work. When there is less work, the price is reduced. The invoice must specify the deviation from the removal price. 6. In the event that no removal price has been agreed, the Remover is entitled to determine a removal price in reasonableness and fairness.
ARTICLE 6 – THE AGREEMENT
The agreement is concluded: – as soon as the customer has indicated orally, in writing or electronically that he accepts the offer from the Remover;
– if no offer has been made, at the time the agreement has been signed by both parties; – as soon as the customer actually makes removal items available to the Remover for removal.
ARTICLE 7 – CUSTOMER’S OBLIGATION TO INFORM
1. With regard to the removal goods, the customer informs the Remover in good time of: – all items, the presence of which poses a particular risk of damage to the removal goods or company equipment; – all articles of a technical nature for which special security measures to be taken before the start of transport have been made known to the users by the manufacturer; – all objects of a special nature, subject to special regulations of domestic and/or foreign authorities, such as objects of special value, works of art, valuable collections, firearms.
2. With regard to the relocation, the customer will inform the Remover in good time of: – details regarding the new residential location (for example, a living room on the first floor); – other matters and circumstances that are important for the Remover to know for the purpose of the move (for example, a broken sidewalk in front of the house on the day of the move). All this unless the customer may assume that the Remover knows this information.
ARTICLE 8 – OBLIGATIONS OF THE MOVER
1. The Remover is obliged: – to deliver the removal goods at their destination (placement at the place possibly designated for this purpose), in the condition in which they received it for packaging or disassembly, than we in which they have been made available to him for transport;
– to complete an commenced move without delay;
2. The Remover’s obligations arising from the removal agreement will be terminated as soon as the removal goods have been delivered to the agreed destination.
ARTICLE 9 – DANGEROUS GOODS OR SUBSTANCES
1. If the customer hands the Remover dangerous goods or substances as referred to in the Transport of Dangerous Goods Act, the customer must inform the Remover about the nature of the danger these entail and the Remover must indicate precautions to be taken.
2. The Remover has the right not to move dangerous goods or substances about which he was not informed when the agreement was concluded.
3. The Remover has the right to unload dangerous goods or substances about which he was not informed when the agreement was concluded at any time and place and to make them harmless or have them destroyed or have them destroyed at the expense of the customer. . Moreover, in that case, the customer is liable for all reasonably incurred and attributable costs and damages arising from its transport.
ARTICLE 10 – CUSTOMS FORMALITIES
The following provisions apply to removal contracts to or from the Netherlands by road: – the Remover must inform the customer to the best of his ability about the existing regulations regarding customs and other formalities to be performed for the execution of the removal contract ; – the customer must make the necessary documents available to the Remover and provide him with all the information required for the completion of the formalities.
ARTICLE 11 – AMENDMENT OF THE AGREEMENT DURING THE MOVING
1. The customer may request the Remover to change the execution of the removal agreement. The desired change must be feasible for the Remover and must not disrupt the Company’s business operations. In addition, the customer must indemnify the Remover for all necessary costs and disadvantages that actually arise from the amendment of the removal agreement. If the change benefits the Remover, he will not charge the costs reasonably saved.
2. If, due to unforeseen circumstances, the Remover is unable to carry out the removal agreement in accordance with his instructions and within a normal period of time, he must: – request new instructions from the customer, or – if this is not possible, take those measures that, in his opinion, are as much as possible be in the interest of the customer.
ARTICLE 12 – CANCELLATION AND TERMINATION
1. The customer may cancel the agreement at any time without reason, as referred to in paragraphs 2 and 3. The customer is the Mover for that
compensation owed. In the event of cancellation up to thirty days before the agreed removal date, the Remover is entitled to charge compensation of 15 percent of the agreed removal price. In the event of cancellation up to fourteen or seven days before the removal date, the Remover is entitled to charge compensation of a maximum of 50 or 75 percent of the removal price, respectively. In the event of cancellation within seven days before the removal date, a maximum of the full removal price is due.
2. The customer may dissolve the removal agreement if it becomes known to him that the Remover will not be able to carry out the removal on the agreed day and time. Shortly after this has become known, the cancellation must be communicated to the Remover with due observance of paragraph 4 of this article.
3. If, before or during the offer of the removal goods to the Remover, circumstances arise with one of the parties which the other party did not need to know when the agreement was concluded, but which, if they had been known to it, would reasonably not to enter into the removal agreement, or on other conditions, this other party is authorized to dissolve the agreement.
4. The dissolution takes place by means of a written or electronic notification to the other party, the agreement ends at the moment of receipt thereof.
5. In accordance with standards of reasonableness and fairness, after dissolution of the agreement, the parties are obliged to compensate each other for the damage suffered as a result, which can be demonstrated. This is subject to circumstances as referred to in Article 12 paragraph 2 of these terms and conditions. The compensation cannot exceed the agreed removal price.
ARTICLE 13 – PAYMENT
1. Payment of the removal price will be made in cash at the time the Remover delivers the removal goods at their destination, unless otherwise agreed. The customer must pay the removal price when the invoice is presented and upon presentation of a receipt by the Remover. Cash payment also includes crediting the amount due to a bank or giro account indicated by the Remover at the time of delivery or payment by means of electronic payment recognized by banks.
2. If, when the Remover presents the invoice, it appears to him that the customer does not or will not fulfill his payment obligation, he is entitled to suspend the (completion of) the removal. In that case, the Remover is also entitled to proceed to storage and sale of the removal items, provided that he has the permission of the court as referred to in Section 8:1194 of the Dutch Civil Code.
3. If, when the agreement is concluded, it has been expressly agreed that payment will not be made in cash on delivery, but no payment term has been agreed, payment must be made within fourteen days of receipt of the invoice.
4. The customer is in default from the expiry of the payment date. After the expiry of that date, the Remover will send a payment reminder and give the customer the opportunity to pay within fourteen days of receipt of this payment reminder. If after the payment reminder has still not been paid, the Remover is entitled to charge the statutory interest from the expiry of the payment date and all extrajudicial collection costs reasonably incurred by him. The amount of these extrajudicial collection costs is subject to legal limits. This can be deviated from in favor of the consumer.
5. If the client is not the same as the person whose removal goods
are the subject of the removal agreement, the Remover will make separate agreements with the client regarding payment of the costs arising from the removal agreement as well as delivery if the owner of the removal items cannot be reached for this purpose. If the client fails to fulfill his payment obligations, the owner of the removal goods is liable for payment of the removal costs.
6. Invoking the settlement of claims for payment of the removal price is not permitted, unless the parties agree otherwise in writing or electronically.
ARTICLE 14 – LIABILITY OF THE MOVE
1. In the event of non-compliance with the obligations incumbent on him under Article 9, the Remover is liable for the resulting damage. This unless the non-compliance is caused by a circumstance that a diligent Remover could not avoid and insofar as such a Remover could not prevent the consequences thereof. In determining the extent of the material damage in the event of damage to or loss of removal goods, the provisions of Article 4, paragraphs 2, 3 and 4 are also taken into account. In the event of damage caused by delay, the Remover is not liable for damage that exceeds the moving price; the extent of the delay damage must be demonstrated by the customer.
The Remover cannot release itself from its liability on the grounds of: – the faultiness of the vehicle used for the removal; – the defectiveness of the material that he uses, unless this has been made available by the customer; material does not include a ship, aircraft or railway wagon on which the vehicle used for the removal is located; – the deficiency of support points used for the attachment of hoisting equipment, or for the use of a removal lift; – any damage to the removal goods caused by third parties, whose actions are not at the risk of the customer. The Remover who fails to fulfill his obligations is liable for the resulting damage, unless this non-compliance is the result of special risks associated with one or more of the following circumstances: packing or dismantling, or unpacking or assembly of removal items by the customer or with the help of any person or any means made available by the customer for this purpose of its own accord; – helping the owner of the removal items, his relatives, friends or third parties who have been asked to help with the move during the move; – the choice by the customer – although the Remover presented him with another option – of a method of packaging or execution of the removal agreement that differs from what is customary for the agreed removal; – the presence among the removal goods of items for which the Remover would have taken special measures if he had been informed by the customer of their presence and their nature in accordance with Article 8; – the nature or condition of the removal goods themselves, which are exposed to total or partial loss or damage solely due to causes related to this nature or condition itself, such as: leakage, emptying or melting of other goods forming part of the household effects, the death of plants; the loss of bank notes, valuable papers, precious metals, coins and tokens, precious stones, pearls, documents and collections, unless the customer has handed over these items to the Remover before the start of the move, separately and stating the quantity and value. ; – the malfunctioning or malfunctioning of electrical, electronic and mechanical equipment.
3. If the Remover proves that the non-compliance with the obligation incumbent on him under the obligation in Article 9 could have been the result of one or more of the special risks referred to above in this paragraph, it is presumed that the non-compliance results from this. without prejudice to the customer’s authority to provide proof to the contrary.
4. The Remover is liable for the wrongful leaving of objects in or the wrongful removal of them from the loading places, if this was or should have been expressly known to him.
5. Insofar as the customer does not show up, refuses to receive removal goods or does not receive them with the required speed, or insofar as removal goods have been seized, the Remover is entitled to store these removal goods at the expense and risk of the rightful claimant. in a suitable storage place. He is obliged to inform the customer in writing or electronically as soon as possible, enclosing the AVBV 2015.
6. Without prejudice to the effect of this article, the Remover is not liable for damage other than caused by non-compliance with his obligations referred to in article 9 of these conditions.
ARTICLE 15 – LIABILITY OF THE CUSTOMER
1. The customer is liable for the costs and damage suffered by the Remover as a result of not providing or insufficiently providing the information referred to in articles 8, 10 and 11, unless the customer cannot be held responsible for this. . 2 The customer is obliged, except in the event of force majeure, to compensate the Remover for the damage if the removal agreement cannot be performed or cannot be performed as agreed due to acts or omissions on the part of the customer. The maximum compensation is an amount equal to the removal price. In the event of cancellation, Article 13 applies. 3. The customer will indemnify the Remover at its first request in the event that the Remover is held liable by third parties outside of an agreement with regard to damage or financial loss – including criminal penalties – in any way related to the performance of the removal contract by the Mover, his subordinates and assistants. This if this damage is the result of acts or omissions on the part of the customer in violation of any statutory regulation, such as with regard to the illegal presence of narcotics, pornographic literature, software without a license, etc.
ARTICLE 16 – NOTIFICATION OF DAMAGE
If damage is found upon delivery of the removal goods, the customer must report this to the Remover during the move. If upon delivery there is no opportunity to establish any damage to the removal goods, the customer must declare this in writing or electronically in advance or at the latest at the time of delivery. It is strongly recommended to report damage to the Remover in writing or electronically within two working days after the move. If the Remover has not received the aforementioned notification within fourteen days of the removal, he is deemed to have carried out the removal without observable damage.
ARTICLE 17 – COMPENSATION FOR LIABILITY
1. If it is not possible to invoke the insurance referred to in Article 4 of these terms and conditions, the compensation that the
The Remover is liable for failure to comply with his obligations (Article 9) which is limited under Article 8:1182 of the Dutch Civil Code (€ 23,000 per household effects).
2. If the Remover undertakes to move more than one household effects in one and the same agreement, his liability as referred to in the first paragraph applies per household effects. 3. The Remover cannot rely on any limitation of its liability, insofar as the damage arose from its own act or omission, by intentionally causing that damage, or by recklessness and with the knowledge that that damage would probably result from it. .
4. Damage to household effects that is less than or equal to € 23 is for the account of the customer, for damage to household effects greater than € 23, the Remover can be held liable for the full amount of damage, without prejudice to the provisions in the other paragraphs of this article.
5. The Remover reserves the right to have damage caused during the removal repaired by a repairer of the Remover’s choice.
6. All claims based on the removal agreement or related to that agreement become time-barred in accordance with the Civil Code one year after delivery of the removal goods.
ARTICLE 18 – COMPLAINTS
Complaints about the execution of the agreement must be submitted fully and clearly described to the Remover in good time after the customer has discovered or should have discovered the defects. Failure to submit the complaint in time may result in the customer losing his rights in this regard.
ARTICLE 19 – APPLICABLE LAW
Dutch law applies to (the) agreements concluded, amended or supplemented on the basis of the AVVV, unless other law is applicable on the basis of mandatory rules.
ARTICLE 20 – CHANGES
Changes to these terms and conditions can only be made in consultation with the Consumers’ Association, if and insofar as they result from changes in legislation and regulations with regard to the performance of the work to which these terms and conditions relate. In the event of such changes, they will not come into effect until one month after the changes have been published. The Remover undertakes the obligation to publish established changes.