Algemene voorwaarden
Definitions
Article 1. In these conditions, the following terms shall have the meanings assigned to them:
a. Customer: the client, and/or the person whose household goods are the subject of the removal agreement, not being a company.
b. W&M Koeriers: the contractor, who professionally carries out consumer removals.
c. Consumer removal: removal of the household goods of a natural person, not acting in the course of a profession or business.
d. Removal agreement: the agreement for goods transport whereby W&M Koeriers undertakes, vis-à-vis the customer, to transport household goods within a building and/or by road.
e. Household goods: items located in a covered or uncovered space and intended for furnishing, furniture, or interior decoration of that space, having already been used as such.
f. Household effects: all household goods covered by the removal agreement.
g. Company: any enterprise or institution, whether or not independently established, with or without profit motive.
Scope of Application
Article 2. 1. These general terms and conditions for removals apply: to consumer removals within a building, or to consumer removals involving transport solely by road, or to consumer removals involving a combination thereof, and to the extent that these take place within, from, or to the Netherlands.
2. These conditions do not apply to removals on behalf of a third party that occur against the will of the owner of the goods (evictions).
3. These general terms and conditions do not apply to business removals.
Provision of Information in Advance by Parties
Article 3. 1. W&M Koeriers must estimate the removal distance, volume, and if necessary, the weight of the household goods.
2. W&M Koeriers familiarizes itself with the nature of the removal (type of residence, floor height, presence of elevators, access roads, etc.).
3. W&M Koeriers informs the customer that:
a. the household goods are not automatically fully insured during the removal, but W&M Koeriers has insured its liability up to the amount indicated in Article 15;
b. the customer can request W&M Koeriers to arrange, at the customer's expense, a separate insurance covering risks for which W&M Koeriers is not liable, and provides the appropriate information to the customer;
c. parties may agree that W&M Koeriers' maximum contractual liability under this agreement will be increased for a specified amount per household goods for a fee;
d. the customer, in writing and for a fee, can determine the amount of a special interest in the delivery in case of loss or damage to the removal goods and for exceeding an agreed start time of the removal. W&M Koeriers will cooperate in the aforementioned additions provided they are insurable under reasonable conditions by W&M Koeriers' insurer.
4. W&M Koeriers informs the customer that the customer must provide information about:
a. all items whose presence poses a special risk of damage to the removal goods or business equipment;
b. all technical items for which the manufacturer has provided special security measures to users before the start of transport;
c. all items of a special nature subject to special regulations by domestic or foreign authorities, such as precious metals, gemstones, artworks, valuable collections, firearms, etc.;
d. other matters that are important for W&M Koeriers to know for the removal, unless the customer may assume that W&M Koeriers is already aware of this information.
Dangerous Objects or Products
Article 4. 1. If the customer hands over dangerous objects or products as referred to in the Dangerous Substances Transport Act to W&M Koeriers, the customer must inform W&M Koeriers about the nature of the danger they pose and indicate the precautions to be taken by W&M Koeriers.
2. W&M Koeriers has the right not to transport dangerous objects or products about which it was not informed at the conclusion of the agreement.
3. W&M Koeriers has the right to unload dangerous objects or products about which it was not informed at the conclusion of the agreement at any time and place, and to make them safe or destroy them at the expense of the customer. Moreover, the customer is liable for all reasonably incurred and attributable costs and damages resulting from their transport.
Customs Formalities
Article 5 For removal agreements to or from the Netherlands by road, the following provisions apply:
a. W&M Koeriers must inform the customer to the best of its ability about the existing regulations regarding customs and other formalities required for the execution of the removal agreement.
b. The customer must provide W&M Koeriers with the necessary documents and provide all information required to fulfill the formalities.
Removal Price
Article 6 1. The method for calculating the removal price shall be agreed as follows:
a. a fixed price (lump sum method), for which the removal is fully executed including VAT and the agreed elements and activities mentioned in the second paragraph of this article, but excluding unforeseen expenses as mentioned in the third paragraph;
b. an hourly rate, calculated based on pre-agreed rates per volume and/or distance and/or duration, where the agreed activities, as well as the pricing method, are described very precisely.
2. The removal price is determined by the following elements and activities of W&M Koeriers, as agreed in the removal agreement:
a. transport including loading and unloading of the removal goods;
b. packing and unpacking of goods to be transported in crates or boxes and disassembly and reassembly of furniture;
c. removal, recording, disconnecting, placing or hanging of lamps, curtains, carpets, stoves, fireplaces, sanitary ware, and any other items attached to or on ceilings, walls, floors, and roofs, and dismantling and assembling a waterbed, etc. However, W&M Koeriers may only perform these activities if no specific expertise is required;
d. premiums for insurances as referred to in Article 3 paragraph 3.
3. The following are not included in the removal price: costs for the use of ferries and bridges, toll fees, parking permits and licenses, border and customs costs, and reasonably incurred costs for unforeseen measures to preserve or deliver the removal goods.
4. The removal price shall be increased if the customer owes W&M Koeriers other costs under these terms and conditions in connection with additional work. The invoice must specify the deviation from the removal price. Additional work is understood in these terms and conditions to mean work to be carried out by W&M Koeriers at the customer's later request, which was not agreed upon at the conclusion of the removal agreement.
5. W&M Koeriers may invoke a price increase due to fuel costs if a removal agreement has been agreed upon in the future but due to extreme circumstances such as scarcity or war causing fuel prices to rise.
Conclusion of the Agreement
Article 7 1. The quotation shall preferably be issued in writing.
2. The dated quotation shall include at least:
a. the work to be performed by W&M Koeriers,
b. the price of these activities (including VAT),
c. the time and manner of payment,
d. (if known) the date and start time of the removal,
e. these terms and conditions, which are deposited with the Chamber of Commerce of The Hague and can be downloaded from the website of W&M Koeriers (www.wmkoeriers.com).
3. The quotation remains valid for thirty days after the quotation date, unless stated otherwise.
4. The removal agreement is concluded as soon as the customer has indicated in writing, if possible, acceptance of the quotation from W&M Koeriers or at the moment the agreement is signed by both parties, if no quotation has been issued.
5. The removal agreement is also concluded as soon as the customer has actually made removal goods available to W&M Koeriers for removal. In that case, if no removal price has been agreed upon, W&M Koeriers has the right to determine a removal price based on reasonableness and fairness.
Payment
Article 8 1. The customer must pay the removal price in cash upon the removal when the invoice is presented or via bank transfer against the handing over of a receipt by W&M Koeriers.
2. If upon presentation of the invoice it appears that the customer does not meet or will not meet his obligation to pay, W&M Koeriers is entitled to suspend the removal. The provisions of Article 8: 1194 paragraph 2 BW apply mutatis mutandis in that case.
3. If it has been expressly agreed upon conclusion of the removal agreement that payment will be made other than in cash, but no payment term has been agreed upon, payment must be made within fourteen days after receipt of the invoice.
4. If the customer fails to comply with the provisions of paragraph 1 of this article, he is obliged to pay the amount due within a reasonable period after notice. The original amount due is increased with statutory interest, calculated from the ultimate payment date mentioned in the notice until the day of receipt of the amount due, and with all extrajudicial collection costs reasonably incurred by W&M Koeriers. After the payment term of 14 days, administration costs of €55 will be immediately charged.
5. If the client is not the same as the person whose removal goods are the subject of the removal agreement, W&M Koeriers will make separate agreements with the client regarding the payment of the costs arising from the removal agreement, as well as the delivery if the owner of the removal goods is not reachable.
6. If the client does not meet his payment obligations, the owner of the removal goods is liable for the payment of the removal costs.
Amending, Cancelling, Terminating the Agreement
Article 9 1. The customer may amend the execution of the removal agreement. The desired amendment must be feasible for W&M Koeriers and may not disrupt the business operations of W&M Koeriers. The customer must also compensate W&M Koeriers for all necessary costs and disadvantages actually resulting from the amendment of the removal agreement. If the amendment benefits W&M Koeriers, it will not charge the reasonably saved costs.
2. If W&M Koeriers cannot execute the removal agreement in accordance with its instructions due to certain circumstances within a normal period, it must: a. request new instructions from the customer, or b. if this is not possible, take measures that, in its opinion, are in the best interest of the customer.
3. The customer may cancel the agreement. He owes W&M Koeriers compensation for this. In case of cancellation up to 30 days before the agreed removal date, the compensation amounts to a maximum of 15 percent of the agreed removal price. In case of cancellation up to fourteen and seven days before the removal date, the compensation amounts to a maximum of 50 and 75 percent of the removal price, respectively. In case of cancellation within seven days before the removal date, the full removal price is due. Cancellation shall be effected by written notice if possible. The obligations of W&M Koeriers end at the time of receipt thereof. In the event of a move to an hourly rate is based on 4 hours of work.
4. The customer may terminate the removal agreement if he becomes aware that W&M Koeriers will not be able to carry out the removal on the agreed day and time. Shortly after becoming aware of this, the termination must be communicated to W&M Koeriers. If the customer suffers damage, W&M Koeriers - except under circumstances as referred to in article 9 paragraph 2 - must compensate this to a maximum of the agreed removal price.
Obligations of W&M Koeriers
Article 10 1. W&M Koeriers is obliged: a. to deliver the removal goods to the destination (placing them in the possibly designated place) and in the condition in which they were provided to him for packaging or disassembly, or in the condition in which they were made available to him for transport; b. to complete a started removal without delay.
2. The obligations of W&M Koeriers arising from the removal agreement shall be terminated as soon as the removal goods have been delivered to the agreed destination.
Liability of W&M Koeriers
Article 11 1. In the event of failure to comply with its obligations, W&M Koeriers is liable for the resulting damage, unless the failure is caused by circumstances that a careful W&M Koeriers could not avoid and to the extent that such W&M Koeriers could not prevent the consequences thereof.
2. W&M Koeriers cannot exempt itself from liability by invoking: a. the defectiveness of the vehicle used for the removal; b. the defectiveness of the materials it uses, unless these are provided by the customer; materials do not include a ship, aircraft, or railcar on which the vehicle used for the removal is located; c. the defectiveness of supports used for the attachment of hoisting equipment, or for the use of a removal lift; d. any accident occurring to the removal goods due to acts of third parties, whose actions are not attributable to the customer.
3. W&M Koeriers failing to comply with its obligations is liable for the resulting damage, unless such failure is the result of special risks associated with one or more of the following circumstances: a. the packing or disassembly, or unpacking or assembly of removal goods by the customer or with the assistance of any person or means made available by the customer on its own initiative; b. assistance in the removal by the owner of the removal goods, his family members, friends, or third parties; c. the customer's choice - although W&M Koeriers provided another option - of a method of packing or executing the removal agreement different from what is customary for the agreed removal; d. the presence among the removal goods of items for which W&M Koeriers, if informed by the customer in accordance with Article 3.4 of their presence and nature, would have taken special measures; e. the nature or condition of the removal goods themselves, exposed solely to causes inherent in that nature or condition resulting in complete or partial loss or damage such as: - leakage, deflation, or melting of other goods forming part of the household effects - death of plants - loss of banknotes, negotiable papers, precious metals, coins and tokens, gemstones, pearls, documents and stamp collections, unless the customer has handed over these items separately before the start of the removal, specifying quantity and value - failure or malfunction of electrical, electronic, or mechanical equipment. When W&M Koeriers proves that, considering the circumstances of the case, its failure to comply with its obligations under Article 10 may be a consequence of one or more of the special risks mentioned in this paragraph, it is presumed that the failure arises therefrom, without prejudice to the customer's right to rebut this presumption.
4. W&M Koeriers is also liable for leaving behind or taking away items from loading places without authorization, if it was explicitly known to them or should have been known.
5. To the extent that the customer fails to appear, refuses to receive removal goods promptly, or if removal goods are seized, W&M Koeriers is entitled to store these removal goods at the expense and risk of the rightful owner in a suitable place of storage. They are obliged to notify the customer in writing as soon as possible, enclosing the General Terms and Conditions. W&M Koeriers is not liable for damages other than those caused by failure to comply with its obligations specified in Article 10 of these terms and conditions, notwithstanding the operation of this article.
Customer's Obligations
Article 12 1. The customer is obligated to ensure that both the loading and unloading addresses for W&M Koeriers are easily accessible, free of obstacles and/or ongoing work. This also includes ensuring that any previous work has been fully completed so that normal moving activities do not lead to damage. In case this is not done, W&M Koeriers is not liable for any resulting damage.
2. The customer is responsible for keeping the moving boxes provided on loan by W&M Koeriers dry, clean, and in acceptable condition. If these are returned damaged by the customer, W&M Koeriers may charge the customer the costs (replacement value).
Liability of the Customer
Article 13 1. The customer is liable for the costs and damages incurred by W&M Koeriers as a result of not or insufficiently providing the information mentioned in Articles 3 and 4, unless this cannot be attributed to the customer.
2. Unless due to force majeure, the customer is obliged to compensate W&M Koeriers for damages if, due to the customer's actions or omissions, the moving agreement cannot be executed or not according to agreement. The compensation shall not exceed an amount equal to the moving price. In case of cancellation, Article 9.3 applies.
3. Upon W&M Koeriers' first request, the customer shall indemnify W&M Koeriers if W&M Koeriers, its employees, or agents are held liable by third parties not party to the contract for damages or financial loss, including criminal fines, in any way related to the execution of the moving agreement, due to acts or omissions by the customer contrary to any legal provision, such as the unlawful presence of narcotics, pornographic literature, unlicensed software, etc.
Damage Report and Complaint Period
Article 14 1. a. Any immediately observable damage must be reported to W&M Koeriers during or immediately after the move, failing which W&M Koeriers is deemed to have carried out the move without any immediately observable damage; b. Non-immediately observable damage must be reported to W&M Koeriers as soon as possible but no later than 5 days after the move, failing which W&M Koeriers is deemed to have carried out the move without any non-immediately observable damage. c. Upon request, the customer may be granted an extension immediately after the move of the periods specified in a. and b. of this paragraph. Any damage must then be reported before the expiration of the extension period.
2. The customer's right to file a claim expires automatically 1 year after the moving date.
3. Any complaints regarding W&M Koeriers' services must be reported to W&M Koeriers within fourteen days after the move.
4. Damage reports and complaints must be made in writing to W&M Koeriers.
5. You are insured against new value, when a damage to W&M Koeriers is reported, you must add the purchase receipt of the damaged item. If you cannot submit the receipt, W&M Koeriers will not act on the damage reported by you.
6. Art objects (paintings, sculptures, etc.) and antiques are insured up to a standard amount of €1250. Art objects and antiques with a higher current value than €1250 must be reported in advance, and a separate insurance can be arranged for these.
Compensation
Article 15 1. The compensation that W&M Koeriers is liable to pay under a moving agreement entered into by them for failure to fulfill their obligations under that moving agreement is limited to an amount of €100,000 or to the amounts mentioned in Article 3, paragraph 3, sub b and c.
2. If W&M Koeriers undertakes to move more than one household goods in the same agreement, their liability as mentioned in the first paragraph is limited to an amount of €20,000 per household goods or to the amounts mentioned in Article 3, paragraph 3, sub b and c. This can be increased to €100,000.
3. To the extent W&M Koeriers is liable for failure to fulfill their obligation as mentioned in Article 10, paragraph 1, the customer is entitled to compensation determined as follows: a. in case of total loss or disappearance, compensation equal to the value the concerned household goods would have had at the time and place it should have been delivered, increased by any costs directly related to the damage; b. in case of partial loss or damage, compensation that, at the customer's choice, consists of: 1. a reasonable amount for repairing the damaged household goods; 2. an amount equal to the value the household goods would have had at the time and place it should have been delivered, reduced by the residual value of the household goods upon delivery, as well as any savings on the customer's part.
4. You have an own risk of €250.00 at W&M Koeriers any damage that was caused by W&M Koeriers that is below the €250.00 cannot be reimbursed and/or repaired to you.
5. Repair of damages or replacement of partially lost or missing goods may only take place after agreement has been reached between the customer and W&M Koeriers on the amount of the damage or after the damage has been sufficiently documented.
6. W&M Koeriers cannot invoke any limitation of their liability insofar as the damage arises from their own act or omission, intentionally causing such damage, or recklessness with knowledge that such damage would likely result.
Applicable Law and Competent Court
Article 16 Dutch law applies to these terms and conditions and to agreements concluded based on these terms and conditions. In case of any disputes, only the Breda District Court is competent to hear them.
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