In these general terms and conditions, the following terms shall have the following meanings:
1 Toppers Movers: the contractual opposite party to the removal contract with the Employer and user of these general conditions within the meaning of article 6:231 subsection b of the Civil Code.
2 Client: the natural or legal person who has been charged with the Express delivery company orders the performance of work or services of Express delivery company and counterparty to the contract with Toppersverhuizers in the sense of article 6:231 sub c of the Civil Code.
3 Parties: Express delivery company and client jointly.
4 Goods for removal: items located in a covered or uncovered space and intended for the upholstery, furnishing or equipping of that space and as such already used, with the exception of those items which according to common opinion do not belong to the usual contents of that space and are intended for removal, unless and only in so far as an exception has been made in the removal agreement.
5 Relocation agreement: the agreement between Express delivery company and principal on the basis of which Toppersverhuizers, against payment by the principal, shall provide services or perform activities, including the transportation of removal goods within a building and/or by road.
Written: in these general terms and conditions, "written" also includes communication by e-mail, fax or digital means, provided that the identity of the sender and integrity of the content is sufficiently established.
1. The present general terms and conditions apply to all offers, quotations and agreements of Express delivery companyRemovals involving transport within a building, removals involving transport by road only and removals involving a combination thereof, and insofar as they take place within, from or to the Netherlands, unless that applicability is expressly excluded in full or in part in writing or it has been expressly agreed otherwise.
2. Any terms and conditions of the client are explicitly rejected. Deviations from and additions to these terms and conditions shall only apply if and insofar as these are made by Express delivery company are expressly accepted in writing.
3. When by Express delivery company If Toppersverhuizers, for a short or longer period, tacitly or not, allows deviations from these general conditions, this shall not affect its right to demand immediate and strict compliance with these conditions. The Employer may not derive any rights from the manner in which Toppersverhuizers applies these conditions.
4. The present terms and conditions shall also apply to all agreements with Express delivery companyFor the execution of which third parties must be involved. These third parties may invoke the present terms and conditions, including any limitations of liability, against the client.
5. If one or more of the provisions of these general terms and conditions or any other agreement with Express delivery company should be in conflict with a mandatory provision of the law or any applicable legal regulation, the provision in question shall lapse and be replaced by a provision that is valid and applicable. Express delivery company new, legally admissible and comparable provision to be determined.
6. In the event of a conflict between and/or deviations from the content of a contract concluded between the Client and Express delivery company If the agreement concluded and the present terms and conditions are not complied with, the content of the agreement shall prevail. Agreed deviations shall never apply to more than one order, unless repeatedly confirmed in writing.
1. By Express delivery company Offers made are without obligation, unless the offer states a period for acceptance. Express delivery company reserves the right to withdraw its offer immediately after acceptance by the client.
2. Prices included in the offer shall be adjusted by Express delivery company based on information and data supplied by the client, such as the removal distance, the volume of the removal items, the type of dwelling, the height of the dwelling, the possible presence of a lift, access routes and (where necessary) the weight of the removal items. The client shall ensure to the best of its knowledge that it has supplied all information and data essential for the design, implementation and completion of the order.
3. The quotation shall clearly state, if necessary, whether the price quoted includes the following services/work/items:
a. Loading and unloading the moving boxes;
b. Packing and unpacking of boxes and crates;
c. disassembling and reassembling furniture, such as cupboards;
d. taking down, disconnecting, placing and/or hanging lamps, curtains, floor covering, cookers, fireplaces, sanitary facilities, (electronic) appliances and whatever else is attached to or on the ceilings, walls and roofs;
e. delivery and/or use of removal boxes, as well as whether the client may keep the removal boxes for his own use after the removal or must return them;
f. costs of (additional) insurances.
4. Express delivery company connects and disconnects electronic equipment, sanitary appliances, fireplaces, cookers and the like only if no specific expertise is required for this and only insofar as this has been explicitly agreed in the offer between the parties.
5. Unless otherwise agreed in writing, the prices given in the offers of Express delivery company exclusive of the use of ferries and boats, tolls to be paid, border and customs charges and costs reasonably incurred in taking unforeseen measures for the preservation or delivery of the removal items.
6. Unless otherwise agreed in writing, the prices given in the offers of Express delivery company including VAT and other government levies.
7. A composite price quotation obliges Express delivery company not to carry out part of the assignment at a corresponding part of the stated price.
8. Offers do not apply automatically to future orders.
1. Subject to the provisions below, an agreement with Express delivery company The removal contract shall only be concluded after the client's (digital) acceptance of the quotation. The accepted offer shall be deemed to accurately and fully reflect the removal contract. The formation of the removal contract may also be evident from other facts and circumstances, for instance when Express delivery company starts to carry out the work at the client's request.
2. Any additional agreements or amendments made at a later date, as well as agreements with personnel and/or third parties working for Express delivery company, tying Express delivery company only if they are used by Express delivery company have been confirmed in writing.
1. If parties have agreed on an advance payment, the implementation of the agreement by Express delivery company In addition, the agreed advance payment shall not be made until after the agreed advance payment has been received.
2. Express delivery company has the right to have certain activities performed by third parties. The applicability of Sections 7:404, 7:407(2) and 7:409 of the Dutch Civil Code is hereby excluded.
3. Client is obliged to keep all information, data, documents and/or any materials whatsoever which are Express delivery company in his opinion, is necessary for the proper execution of the commission granted, in a timely manner, in the form prescribed by Express delivery company desired form and in the manner specified by the Express delivery company desired way to Express delivery company to make them available.
4. Client guarantees the correctness, completeness, reliability and suitability of the information provided to Express delivery company information, data and documents provided for the execution of his assignment or to Express delivery company material made available.
1. If for the execution of certain activities a term has been agreed upon within which the assignment is to be carried out, this shall never be a deadline, unless this term has been explicitly designated in writing as a deadline.
2. When Express delivery company fails to perform the removal contract within the agreed period or in the event of delay, this shall not constitute grounds for the customer to rescind the contract or to obtain any right to compensation or reduction. The Employer shall Express delivery company In such case, the carrier shall give written notice of default and offer a reasonable period of time to perform the removal contract after all.
3. Some delay may occur due to, among other things, moving house running late, traffic congestion, bad weather conditions, wrongly parked vehicles. Express delivery company is not liable for this and the costs of the waiting period shall be borne by the client.
4. The starting time of the removal work shall be indicated in a time block to exclude illness, traffic jams or other delays as far as possible. Express delivery company shall nevertheless not be liable for any damage resulting from any delay in the starting time.
5. After 8 consecutive hours of work, a surcharge shall be added to the hourly rate in connection with an irregularity allowance.
6. Working hours shall be calculated in whole hours, rounded up.
7. A minimum of three working hours shall apply to removal services, unless otherwise agreed in advance.
1. If the customer wishes to cancel an order, the following cancellation fees shall apply: a. orders can be cancelled free of charge up to 14 calendar days before the planned date of the move; b. if an order is cancelled less than 14 calendar days before the planned date of the move, the customer shall be liable to pay a fee to the contractor for the cancellation. Express delivery company of the quoted amount; c. if an order is cancelled less than 7 calendar days before the scheduled removal date, the customer shall be liable to pay a compensation ofExpress delivery company of 50% of the quoted amount; d. if an order is cancelled less than 24 hours before the scheduled removal date, Client shall owe the full quoted amount to Express delivery company due.
2. In the event of premature termination by the client Express delivery company upon request and in consultation with the client, arrange for the transfer of work still to be carried out to third parties. If the transfer of the work for Express delivery company If the work involves extra costs, these shall be charged to the client.
1. Unless otherwise agreed in writing, payment of invoices by means of PIN payment shall take place immediately after the removal. If it has been agreed that payment shall be made on receipt of an invoice, payment shall be made within 14 days of the invoice date, without discount or set-off, and on a date specified by the Client. Express delivery company to be indicated in the manner in which they were invoiced, unless expressly agreed otherwise.
2. After expiry of the agreed term of payment, the client shall be in default by operation of law without any further notice of default being required.
3. From the moment that Client is in default, he shall owe interest of 1% per month on the amount due and payable, unless the statutory commercial interest rate is higher, in which case the statutory commercial interest rate shall apply. All judicial and extrajudicial costs Express delivery company In that case, the client shall owe a compensation of at least 15% of the outstanding amount, with a minimum of € 150.00. In that case the client shall owe a compensation of at least 15% of the outstanding amount, with a minimum of € 150.00. For consumers, this is a percentage of at least 5% with a minimum of € 40.00. If the actual Express delivery company costs incurred and to be incurred exceed this amount, they shall also be eligible for reimbursement.
4. In the event of client's liquidation, bankruptcy, debt rescheduling or suspension of payments, or a request thereto, the claims of Express delivery company and the obligations of the client towards Express delivery company immediately due and payable.
5. If the client, for whatever reason, has one or more counterclaims against Express delivery company If the client has a right of set-off, the client shall waive the right to set-off. The aforementioned waiver of the right to set-off also applies if Client applies for a (provisional) suspension of payments or is declared bankrupt.
6. Objections to the amount of the invoices do not suspend the payment obligation.
1. The Client shall be obliged to organise the conditions at and around the location, including parking space, transport space, permits and exemptions for the removal vans, removal lifts and personnel insofar as applicable, in such a way that the order can be carried out within acceptable circumstances. The Client shall apply to the local authority for the necessary permits and exemptions in good time.
2. The client is obliged Express delivery company at the time that the removal agreement is entered into point out items among the removal items that may be dangerous and/or harmful for persons or the environment. The client shall Express delivery company inform them of the nature of the danger and, if necessary, of the consequences of the accident. Express delivery company precautions to be taken.
3. The client shall be liable for all reasonably incurred and attributable costs and damage arising from the transport of dangerous and/or harmful goods. Express delivery company reserves the right to remove dangerous and/or harmful items, which are Express delivery company was not, incorrectly or incompletely informed when the contract was concluded, not to move the goods or to unload them at any time and place in order to render them harmless or to destroy them or have them destroyed at the expense of the buyer. The foregoing without being liable to pay any compensation to the principal.
4. Furthermore, the client is obliged Express delivery company to notify the supplier of items among the removal items with a replacement value in excess of € 5,000.00.
5. Express delivery company reserves the right not to move items if this may constitute a danger to personnel, such as heavy safes, concrete furniture and pianos, unless it has been explicitly agreed in the removal agreement that these items are part of the removal goods and these items shall also be removed.
6. The removal items shall be transportably packed by the client himself, unless agreed otherwise in advance in the removal contract. Small items shall be packed in advance in closed boxes and the contents of, for instance, a removal box shall be packed in such a manner that loose items cannot damage each other. Express delivery company shall not be liable for any damage to materials which the client has packed himself in advance, provided that Express delivery company can see before the transport that the material is undamaged and explicitly indicates that the material is packaged for transport.
7. When hoisting with rope and block, it is necessary that employees of Express delivery company the lifting beam/moving hook and there must be a free passage for the removal items. The Client shall ensure that this is the case.
8. The Client undertakes to organise the conditions at and around the removal location, including parking or transport space, for the removal lift(s) in such a way that Express delivery company is reasonably enabled to perform the contract free of charge and under acceptable conditions. The Client undertakes to take cognisance of the structural condition of the premises, particularly balconies and/or railings, in order to be able to work with the removal lift(s) free of charge and, if necessary, to apply protection or reinforcement.
9. If the client fails to obtain the necessary permits and exemptions in time or fails to comply with the other obligations arising for the client from these general terms and conditions, all costs and damage incurred by the client as a result will be borne by the client. Express delivery company arise at the expense of the client. Also, the Express delivery company where appropriate, the right to cancel the order and charge the quoted amount to the client.
10. All costs and damages arising as a result of a circumstance described in this article must be paid for immediately on the date they arise.
1. Express delivery company is only liable for shortcomings in the implementation of the assignment insofar as they are the result of non-compliance by Express delivery company of the care, expertise and professionalism which may be relied upon in the performance of the work within the scope of the assignment in question.
2. If Express delivery company Should the company be liable for any damage, then that liability shall be limited to compensation of the direct damage and to a maximum of the amount paid by the insurer of the company. Express delivery company payment to be made in the case in question. Direct damage is exclusively understood to mean:
a. the reasonable costs of determining the cause and extent of the damage, insofar as such determination relates to damage within the meaning of these general terms and conditions.
b. any reasonable costs incurred in order to repair the defective performance of Express delivery company the agreement, unless they do not comply with the agreement. Express delivery company can be attributed.
c. reasonable costs incurred to prevent or limit damage, insofar as the client demonstrates that these costs have resulted in limiting the direct damage referred to in these general terms and conditions.
3. Express delivery company is in no way liable for: a. damage, of whatever nature, caused by the fact that Express delivery company has assumed incorrect and/or incomplete data provided by or on behalf of the client;
b. damage to or by natural persons, such as the principal himself, who on their own initiative or at the principal's request help with moving;
c. damage arising as a consequence of a manner of performing the removal agreement, including the manner in which the removal items shall be packed, other than that specified by Express delivery company proposed method;
d. damage caused by or to removal lifts; e. the presence amongst the removal items of items in respect of which Express delivery companyhad he been informed by the principal of their presence and nature, he would have taken special measures;
f. damage caused by leakage, deflation or melting of other goods forming part of the household effects;
g. damage caused by the death of plants;
h. damage caused by the loss of bank papers, monetary instruments, precious metals, coins and medals, precious stones, pearls, documents and stamp collections, unless the client has handed over these items separately, stating their quantity and value, at the beginning of the removal. Express delivery company has handed over;
i. the non-functioning or malfunctioning of electrical, electronic or mechanical equipment after moving.
j. risks or damage in respect of which Express delivery company advised, requested or obliged the client to take out (additional) insurance and which insurance the client failed to take out;
k. damage to plants, aquariums, animals, staircases, antiques and floors.
4. Express delivery company shall never be liable for indirect damage, including personal injury, consequential damage, loss of profit, lost savings, damage due to business stagnation and damage as a result of penalties imposed for failure to meet delivery or completion dates.
5. In the event that the client supplies material or acts in the performance of the removal contract to Express delivery company prescribes or makes available, then Express delivery company responsible for its correct implementation or use, but never for the soundness or suitability of the equipment or the method of operation itself.
6. Hoisting and/or the use of a lifting beam/shifting hook shall take place at client's risk. All damage resulting from hoisting shall be borne entirely by the client.
7. The client has an obligatory excess of € 250.00 per case, if the damage is demonstrably caused by Express delivery company.
8. The limitations of liability for direct damage included in these general terms and conditions do not apply if the damage is due to intent or gross negligence on the part of Express delivery company.
1. In the event of damage, the client must report this damage in the presence of the employees of Express delivery companywho perform the removal and to specify this in writing. The liability of Express delivery company expires after the departure of the employees of Express delivery company or if it has not been established in writing. Furthermore, any damage must be reported in writing within 24 hours to the head office of Express delivery company.
2. In the event of damage, the customer must always send the original purchase receipt for the damaged item. If the original receipt is not available, the customer must request a proof of value from the supplier.
In all cases, the period within which Express delivery company The period during which the client can claim compensation for damages shall be limited to one year after completion of the relevant order from which the damage arose. In this context, any defects or damage discovered by the client after delivery must be notified immediately and in writing to the client. Express delivery company The client must be notified in writing. All consequences of failing to report immediately shall be at the client's risk.
Client shall indemnify Express delivery company for any claims by third parties who suffer damage in connection with the execution of the order and whose cause is attributable to the client. If Express delivery company If on that account a third party were to make a claim against the client, the client shall be obliged Express delivery company to assist the client both extra-judicially and judicially and to immediately do everything that may be expected of it in that case. If client fails to take adequate measures, then Express delivery companyThe Client is entitled to do so itself, without notice of default. All costs and damages on the part of Express delivery company and third parties, shall be entirely at the expense and risk of the client.
1. The parties are not obliged to comply with any obligation if they are prevented from doing so due to a circumstance that is not their fault and for which they cannot be held accountable by virtue of the law, a juristic act or generally accepted practice.
2. In these general terms and conditions, force majeure is understood, in addition to the legal definition and interpretation of the term, to include all external causes, foreseen or unforeseen, on which Express delivery company can exert no influence, but which Express delivery company is unable to fulfil its obligations. Strikes at the company of Express delivery companyillness and/or disability, epidemic and/or pandemic, fire, war, mobilisation, flooding and other natural disasters.
3. Express delivery company shall also be entitled to invoke force majeure if the circumstance preventing (further) performance arises after the date on which Express delivery company should have fulfilled his obligations.
4. The parties may suspend the obligations arising from the commission during the period that the force majeure lasts. If this period lasts longer than 2 months, each of the parties shall be entitled to dissolve the order without any obligation to pay damages to the other party.
5. As far as Express delivery company has already partially fulfilled its obligations arising from the order or will be able to fulfil them at the time when the force majeure occurs, and that part fulfilled or to be fulfilled has independent value, then Express delivery company entitled to separately invoice the part already performed or still to be performed. Client is obliged to pay this invoice as if it were a separate order.
1. In the event of liquidation on the part of the client, and/or (an application for) a suspension of payments or bankruptcy, attachment if and in so far as the attachment has not been lifted within three months, debt rescheduling, any circumstance in which the assets can no longer be freely disposed of, or any other similar circumstance, the client will be entitled to terminate the agreement at any time. Express delivery company free to terminate the removal contract with immediate effect, without any obligation on his part to pay any compensation or indemnity. The claims of Express delivery company from the client shall in that case be immediately due and payable.
2. In case of Express delivery company is entitled to dissolve the agreement, the claims of Express delivery company from the client immediately after dissolution. In that case Express delivery company in no way whatsoever to compensation for damage and costs caused by this.
1. If the client indicates in writing to Express delivery company announces that Express delivery company must observe secrecy about the order towards third parties, is Express delivery company obligated to do so, except when, in the opinion of Express delivery company is necessary to consult with third parties, for example with any third parties who are actually carrying out the order. In that case, the Express delivery company is obliged to request permission from the client in advance.
2. In case of Express delivery company third parties have been brought in to execute (part of) the order, the Express delivery company the same duty of confidentiality should be imposed on them as on the other parties. Express delivery company itself may be bound to the client.
On all between Express delivery company Dutch law shall apply exclusively to the contract concluded with the customer, even if the customer is domiciled or established abroad or if the removal contract is performed entirely or partially abroad.
All disputes, whatever - including those which are only considered as such by one of the parties - which may arise between the parties as a result of the agreement or the agreements resulting from it, shall be settled by the competent court in the district of the registered office of the parties. Express delivery companyunless a mandatory provision of law prevents it.
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