Article 1: General
- Client: the party who gives an order to Moving Company Direct.
- Contractor: also user of these general terms and conditions
- Assignment: the services performed by the contractor under a contract of assignment concluded between the contractor and the client.
Article 2: Applicability
Purely and exclusively these general terms and conditions, thus to the exclusion of any other general terms and conditions, apply in full to all legal relationships between the contractor and the client, except insofar as these terms and conditions are explicitly deviated from in writing.
Article 3: Conclusion of the agreement
- 3.1 Each offer made by the contractor is without obligation and may be withdrawn at any time, even immediately after acceptance by the client.
The contractor may only commence performance of an order agreement after the written order confirmation, including the declaration of applicability of the contractor's general terms and conditions, has been signed for approval (possibly digitally) by the principal and this acceptance has been received by the contractor.
Moreover, if the parties have agreed on an advance payment, the performance of the agreement by the contractor will only take place after receipt of the agreed advance payment.
- 3.2 In an offer, the standard hourly rate, or any unit price whatsoever, is always stated exclusive of any levies, permits, and/or taxes imposed by the government, and exclusive of any other costs.
- 3.3 The conclusion of an agreement may also be evident from other facts and circumstances, such as the commencement of work by the contractor for the customer.
- 3.4 Interim changes to the order proposed by the client may be accepted by the contractor only if they have been agreed in full by the client and the contractor.
Such full agreement may only be evidenced by a written document (e-mail) signed for approval by both parties.
Article 4: Contract duration
- 4.1 The agreement between the contractor and the customer is entered into for an indefinite period, unless the nature of the agreement dictates otherwise or if the parties have expressly agreed otherwise in writing.
- 4.2 If a period has been agreed for the performance of certain work which must be completed within the assignment, this may never be regarded as a deadline for the Contractor, unless that period has been expressly designated in writing as a deadline.
Article 5: Execution of the assignment
- 5.1 The Contractor is entitled to have certain work performed by third parties.
The application of Sections 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is hereby excluded.
- 5.2 The client will be obliged to make all data, documents and/or materials which the contractor deems necessary for the proper performance of the work commissioned available to the contractor in good time, in the form and manner desired by the contractor.
- 5.3 The client warrants the accuracy, completeness, reliability and suitability of the material or data supplied to the contractor for the performance of the work commissioned.
Article 6: Confidentiality
- 6.1 If the client informs the contractor in writing that the contractor must observe secrecy about the order vis-à-vis third parties, the contractor is obliged to do so, except in cases where the proper performance of the order, in the opinion of the contractor, requires consultation with third parties, for example with any third parties who actually perform the order.
In such a case, the Contractor will be obliged to seek the Client's prior consent.
- 6.2 If the Contractor engages third parties to perform all or part of the assignment, the Contractor will impose the same duty of confidentiality on them as it may impose on the Principal.
Article 7: Termination of assignment agreement
- 7.1 The commission contract may be terminated prematurely by either party by giving one month's notice. Notice of termination must be given by the first day of the month.
- 7.2 If an assignment agreement is terminated by notice, the client will be obliged, vis-à-vis the contractor, to pay the fee due up to the date of termination within 14 working days of the invoice date.
- 7.3 In the event of liquidation on the part of the client, and/or (an application for) a moratorium or bankruptcy, attachment if and to the extent that the attachment has not been lifted within three months, debt rescheduling, any circumstance preventing the free disposal of assets, or any similar circumstance, the contractor will be free to terminate the order agreement with immediate effect, without any obligation on his part to pay any compensation or indemnification.
The contractor's claims against the client will in that case be immediately due and payable.
Article 8: Payment and collection
- 8.1 Payment must be made in cash immediately at the end of the job, unless otherwise agreed.
We reserve the right to charge 10% more of the total invoice amount if you do not pay cash on the day of the move.
- 8.2 If it has been agreed beforehand in writing that the payment by the client may also be paid by invoice, then this must take place within 5 days after the invoice date, in the manner indicated on the invoice.
If payment is not made by the payment deadline specified in the previous paragraph of this Article, the customer will be deemed to be in default.
- 8.4 If the customer is in default vis-à-vis the contractor with regard to any performance of his obligations, all extrajudicial collection costs reasonably incurred will be borne by the customer.
Any judicial and execution costs incurred will also be recovered from the Principal.
- 8.5 The customer must also pay the statutory interest on all sums owed to the contractor by the customer during the period from the date on which the default commenced until the date on which payment is made in full.
Article 9: Liability
- 9.1 The customer undertakes to organise the conditions at and around the location, including parking, transport space, permits and exemptions for the removal vans, removal elevators and personnel, and to pack the goods to be transported in such a way as to enable the contractor to perform the assignment free of charge and within acceptable circumstances, unless otherwise agreed in writing.
- 9.2 The customer must apply for permits and exemptions for the order with the municipality (this can be done via the digital desk and must usually be requested 10 days in advance).
If this is not the case, the Contractor may refuse the assignment or the assignment will be carried out at the Principal's risk.The contractor shall never be liable for consequential loss as a result and costs resulting from negligence on the part of the principal shall be. The client will be liable for any costs incurred as a result of the client's negligence and must be paid immediately from the date on which the costs and damage occurred.
- 9.3 Contractor is not liable for any damage towards the Principal if this damage has arisen as a result of the Principal providing incorrect information and/or faulty materials.
- 9.4 The contractor accepts no liability whatsoever towards others than the customer and is indemnified by the customer against the financial consequences of any such third-party claims.
- 9.5 The contractor shall never be liable for consequential damage, loss of profit, lost savings and any damage whatsoever due to business interruption on the part of the client.
- 9.6 Compensation can never be higher than the amount of the final amount / total amount of the move. - The excess is 150,- euro for a maximum damage amount of 500,- euro. - The excess is 250,- euro in case of a claim of more than 500,- euro.
- 9.7 The household effects of the moving company must be transportibly packed by the moving company itself, unless agreed otherwise in advance in the order (the contents of a moving box, for instance, must be packed in such a way that individual items cannot damage each other).
Small items must be packed in closed boxes beforehand (unless otherwise agreed in the order).
- 9.8 We work exclusively with professional movers of Moving Company Direct.
If employees other than those of the contractor assist in the execution of the order, any damage caused by our employees or third parties present, will not fall under the liability of the contractor. The household effects placed in the truck by someone other than the removal personnel are not insured.
- 9.9 Some delay may occur due to the delay of a move, traffic jam problems, bad weather conditions, wrongly parked vehicles (even if the traffic signs have been requested by the company).
The Contractor shall not be liable for this and the costs of the delay shall always be borne by the Client.
- 9.10 In case of damage, the customer must specify this damage in the presence of the movers and establish this in writing. The liability lapses after the departure of the movers and if it has not been established in writing.
- 9.11 Customer may not under any circumstances engage in debt settlement. Invoice must be settled at all times regardless of damage. Damages must be settled afterwards.
- 9.12 Damage to plants, aquariums, animals, staircases shall be excluded from the Contractor's liability (if otherwise agreed in the order).
- 9.13 In the event of damage, the customer must at all times send the original receipt.
If the original receipt is not available, the Principal should request a receipt from the supplier.
- 9.14 For hoisting, it is necessary that we can reach the lifting beam, this is your responsibility.
Hoisting is always at your own risk. All damages resulting from hoisting will be fully borne by the client. The customer is responsible for the access to the moving hook as well as a free passage for the entire contents to be moved. When moving elevators are used, your household effects are insured.
- 9.15 The contractor reserves the right to terminate the contract without any compensation in the event of force majeure, strike, lock-out, fire, war, mobilization, flood and other natural disasters, or any cause of delay beyond the control of the moving company.
Article 10: Ban on taking over staff
During the period in which the contractor carries out work for the customer as well as for a period of 12 months thereafter, the customer is prohibited from employing one or more members of the contractor's staff or otherwise making use of their services, on pain of a penalty of ? 5,000, without prejudice to the right of the contractor to claim performance.
Article 11: Applicable rights choice of forum
- 11.1 All Agreements to which these General Terms and Conditions apply are governed exclusively by Dutch law.
- 11.2 Before resorting to the courts, both the client and the contractor will make every effort to reach an agreement.