Terms and Conditions
Article 1: General
1.1 Client: the party that gives an order to Verhuisbedrijf Direct.
1.2 Contractor: also user of these general terms and conditions of Verhuisbedrijf Direct
1.3 Assignment: the services that the contractor provides in the context of an assignment agreement concluded between the contractor and the client.
Article 2: Applicability
These general terms and conditions alone, to the exclusion of any other general terms and conditions, apply in full to all legal relationships between the contractor and the client, except to the extent that these terms and conditions have been expressly deviated from in writing.
Article 3: Conclusion of the agreement
3.1 Every offer from the contractor is without obligation and can be withdrawn at any time, even immediately after acceptance by the client.
The contractor may only commence the execution of a contract of assignment after the client has given its approval (either verbally or digitally).
If the parties have agreed on an advance payment, the contractor will only execute the agreement after receipt of the agreed advance amount.
3.2 In a quotation, the standard hourly rate, or any unit price, is always stated excluding levies, permits and/or taxes imposed by the government, and excluding other costs.
3.3 The conclusion of an assignment agreement may also be evident from other facts and circumstances, for example from the contractor having started performing work for the client.
3.4 Interim changes to the assignment, proposed by the client, can only be accepted by the contractor if full agreement has been reached between the client and the contractor.
This complete agreement can only be evidenced by a written document (email) signed for approval by both parties.
Article 4: Contract duration
4.1 The agreement between the contractor and the client 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 term has been agreed for the execution of certain work Where the assignment is carried out, this can never be regarded as a deadline for the contractor, unless that term has been expressly designated as a deadline in writing.
Article 5: Execution of the assignment
5.1 The contractor has the right to have certain work carried out by third parties.
Application of Articles 7:404, 7:407, paragraph 2 and 7:409 of the Dutch Civil Code is hereby excluded.
5.2 The Client is obliged to provide the Contractor with all information, documents and/or any materials whatsoever that the Contractor deems necessary for the correct execution of the assigned assignment, in a timely manner in the form desired by the Contractor and in the manner desired by the Contractor. to make available.
5.3 The Client guarantees the accuracy, completeness, reliability and suitability of the material made available to the contractor for the execution of its assignment or of the data provided to the contractor.
Article 6: Confidentiality
6.1 If the client informs the contractor in writing that the contractor must maintain confidentiality about the assignment towards third parties, the contractor is obliged to do so, except in the case where, in the opinion of the contractor, it is necessary to consult with third parties for the proper fulfillment of the assignment, for example with any third parties who actually carry out the assignment.
In that case, the contractor is obliged to request prior permission from the client
6.2 If the contractor has engaged third parties to carry out (part of) the assignment, the contractor will impose the same confidentiality obligation on them that the contractor itself may be bound towards the client.
Article 7: Termination of assignment agreement
7.1 The contract of assignment can be terminated prematurely by either party by giving notice, taking into account the 14-day right of withdrawal that applies to the client.
7.2.0 In case of cancellation of the order by the client after the term of the 14 days right of withdrawal, cancellation costs will be charged, which for 100% are equal to the quotation amount. The client is obliged to pay these within 7 days after the cancellation.
7.2.1 If an order is cancelled by the client within 48 hours before the start of the order, the client is obliged to pay 100% of the total amount of the quotation. Payment of the full amount must be made within 7 days after the cancellation.
7.3 In the event of liquidation on the part of the client, and/or (application for) suspension of payment or bankruptcy, seizure if and to the extent that the seizure has not been lifted within 3 months, debt restructuring, any circumstance in which the assets can no longer be freely disposed of, or any similar circumstance whatsoever, the contractor is free to terminate the contract of assignment with immediate effect, without any obligation on its part to pay any damages or compensation.
In that case, the contractor's claims on the client are immediately due and payable.
Article 8: Payment and collection
8.1 Payment must be made in cash before the assignment begins, unless otherwise agreed.
8.2 If it has been agreed in advance in writing that payment by the client may also be made by invoice, this must be done within 5 days after the invoice date, unless otherwise agreed.
8.3 If payment is made later than the payment term stated in the previous paragraph of this article, the client is legally in default.
8.4 If the client is in default towards the contractor in any fulfillment of its obligations, all reasonably incurred extrajudicial collection costs will be borne by the client.
Any judicial and enforcement costs incurred will also be recovered from the client.
8.5 The client also owes statutory interest on everything that the contractor has to claim from the client during the period from the date on which the default occurred until the moment when full payment of the amount due has been made.
Article 9: Liability
9.1 The Client undertakes to organize the conditions at and around the location, including parking, transport space, permits and exemptions for the moving vans, moving lifts and staff, and to package the goods to be transported in such a way that the contractor is able to pay compensation for the order and to be carried out within acceptable circumstances, unless otherwise agreed in writing.
9.2 The client must apply for permits and exemptions for the assignment from the municipality (this can be done via the digital counter and must usually be requested 10 days in advance). If this is not the case, the contractor may refuse the assignment or the assignment is at the risk of the client. The contractor is never liable for consequential damage as a result and costs due to negligence of the client will be borne by the client and must be paid immediately from the date on which the costs and damage occurred.
9.3 The contractor is not liable for any damage to the client if this damage has arisen as a result of the client providing incorrect information and/or defective materials.
9.4 The contractor accepts no liability towards anyone other than the client, and is indemnified by the client against the financial consequences of any claims from third parties.
9.5 The contractor is never liable for consequential damage, lost profits, missed savings and any damage whatsoever due to business stagnation of the client.
9.6 Compensation for damages can never exceed the amount of the final amount/total amount of the move. The deductible is always EUR 250. The deductible is borne by the client.
9.7 The client's contents must be packed in a transport-worthy manner by the client himself, unless otherwise agreed in advance in the order (for example, the contents of a moving box must be packed in such a way that individual items cannot damage each other).
Small objects must be packed in closed boxes in advance (unless otherwise agreed in advance in the order).
9.7.1 Paintings/works of art must be packed in professional painting or art boxes by the client. Otherwise, the contractor cannot be held liable for any defects or damage to the paintings/works of art caused during the move.
9.7.2 TVs/monitors/screens must be packed in professional screen boxes or the original packaging by the client. Otherwise, the contractor cannot be held liable for any defects or damage to the TV/screens caused during the move.
9.8 We only work with professional movers from Moving company Directly.
If employees other than those of the contractor assist in carrying out the assignment, any damage suffered caused by our employees or third parties present does not fall under the liability of the contractor.
9.8.1 Contents placed in the truck by someone other than the moving staff are not insured.
9.9 Some delays may occur due to delays in moving, traffic jams, bad weather conditions, incorrectly parked vehicles (even if the traffic signs have been requested by the company).
The contractor is not liable for this and the costs for the waiting time are always borne by the client.
9.10 In the event of damage, the client must specify this damage in the presence of the movers and establish this in writing. Liability lapses after the departure of the movers and if this has not been established in writing.
9.11 The customer may under no circumstances settle debts. Invoice must be settled at all times, regardless of damage. Damage must be settled afterwards.
9.12 Damage to plants, aquariums, animals, stairwells remains excluded from the contractor's liability (unless otherwise agreed in the assignment).
9.13 In the event of damage, the client must always send the original receipt.
If the original receipt is not available, the client must request proof of value from the supplier.
9.14 When towing, it is necessary that we have access to the lifting beam, this is your responsibility. Towing is always at your own risk. All damage resulting from towing will be fully borne by the client.
9.15 If the moving lift is used and damage occurs to window frames, windows, balconies, etc., a deductible of EUR 250 applies. This is at the expense of the client. This deductible is separate from the deductible for the contents.
9.16 The Contractor reserves the right to terminate the agreement without any compensation being claimed, in the event of force majeure, unsafe situation, strike, lock-out, fire, war, mobilization, flood and other natural disasters, or any cause of delay regardless of the moving company's will.
Article 10: Prohibition on taking over personnel
The client is prohibited from employing one or more employees of the contractor or otherwise making use of their services during the period in which the contractor performs work for the client and for a period of 12 months after the end of that period, under penalty of payment to the contractor of a fee of EUR 5,000, without prejudice to the right of the contractor to demand compliance.
Article 11: Applicable rights of forum choice
11.1 All agreements to which these general terms and conditions apply are exclusively governed by Dutch law.
11.2 Both client and contractor will make every effort to reach an agreement before appealing to the court.