General terms and conditions
Located in Rotterdam
Registration Chamber of commerce number 61004987
GENERAL TERMS AND CONDITIONS
Version dated November 1, 2016
Article 1. Definitions
a) Client: the company and / or the legal or natural person who has given the order and / or owns the goods that are the subject of the assignment, as well as all those working for them and engaged by them (either directly or indirectly) (auxiliary) persons, as well as all affiliated companies.
b) Contractor: Yellow Move, including all auxiliaries who work for and are engaged by it.
c) Owner: the natural person and / or legal person who owns the goods.
d) Quotation: the price quotation issued and signed by the contractor.
e) Assignment: the quotation signed by the contractor and the client.
f) Implementer: Yellow Move and / or one of its subcontractors and / or partners engaged by it.
g) Goods: (household) effects, personal goods, furniture, archives, computers, motorized vehicles, vessels and / or pets, as well as all other items for which the contractor has issued an offer.
Article 2. General
a) These general terms and conditions apply to all quotations issued by the contractor and assignments accepted by it and therefore form part thereof.
b) Any deviations or exceptions to these general terms and conditions must be agreed in writing in the order, but are only effective after they have been confirmed by the contractor in writing or offered in the quotation.
c) Any terms and conditions used by the client that conflict with these general conditions will not be accepted by the contractor.
d) All rates are exclusive of VAT, unless explicitly agreed otherwise in the order. The description of the work is agreed in the assignment and / or quotation.
e) Tax-free items can only be purchased on departure to a destination outside the E.U. and through a body authorized for that purpose.
f) Floors are calculated from ground floor. This means that the ground floor is counted as the first floor and above it as the second floor etc. Delivery of goods is standard up to and including the second floor, unless agreed otherwise in the offer.
g) The latest version of these general terms and conditions can be freely requested on the Internet and accessible for everyone at www.yellowmove.com, whereby the contractor reserves the right to change it at any time. The general conditions will be sent on request.
Article 3. Offer / assignment
a) All offers are non-committal and can be revoked or changed at any time, as long as these have not been returned for approval signed by the contractor, unless the offer includes a period for acceptance of the quotation, in which case the quotation during that period will not be revoked or modified.
b) In the quotation / assignment, where relevant, always mention will be made of; the estimated volume and / or weight, description of the service with the tariff, insurance agreements, storage rate, storage handling costs, pick-up location and country, delivery location and country, pick-up and delivery situation, what is inclusive and exclusive, and if so agreed that the price and / or rates include VAT.
c) Orders are only established after receipt by the contractor of the quotation signed by the client, unless the quotation has already been changed or revoked beforehand.
d) Even without a (signed) offer being returned, an order is established as soon as the client makes the goods available or if they have been sent to or otherwise entrusted to the contractor.
e) If an assignment, as in the previous paragraph, has come about, then the contractor, until a signed offer has been received, is only obliged to store the goods, for which the client then owes the applicable storage rate. In that case, the contractor is entitled, if it deems it necessary, to perform the activities stated in the quotation, for which the client owes the tariffs stated in the quotation.
f) In all those cases in which and for all circumstances for which, for whatever reason, no rate has been offered or agreed in advance, the contractor shall apply the rates in accordance with the most recent version of the “destination rates schedule” used by the contractor and / or more- less work overview.
g) A quotation is valid for a maximum of 30 days after the date of issue, provided otherwise agreed.
Article 4. Changes to agreed dates
a) Agreed dates can only be changed by the client with the written consent of the contractor.
b) If a change gives rise to additional costs, the contractor will inform the client about these (extra) costs, which must be paid by the client at the first request. Such a price change can never constitute a reason for the client to dissolve the order.
c) The client may cancel the assignment. He owes the contractor compensation for this. In case of cancellation up to thirty days before the agreed date on which the work would commence, the client will owe 15 percent of the amount of the agreed assignment, between thirty and fourteen days before the agreed date 50 percent, between fourteen and seven days before the agreed date 75 percent and upon cancellation within 7 days before the agreed date 100 percent. The date of cancellation is the date on which the written confirmation thereof will have been received by the contractor. The confirmation must also be sent by email to the contractor.
d) In the event of cancellation of an order, the dates of which have previously been changed at the request of the client, the period will be taken into consideration for the determination of the compensation due on the basis of the preceding paragraph between the originally agreed dates and the date of change.
e) If the contractor, after the assignment has been accepted, cannot meet the agreed dates, then the client must be given the opportunity to execute the assignment within a reasonable period of time. If this proves impossible, the contractor shall compensate the damage possibly demonstrable by the client with a maximum of 25 percent of the removal rate agreed in the assignment, without an additional insurance premium, sea freight costs and / or air freight costs, craftsmanship, storage or handling.
Article 5. Payments
a) The contractor sends its invoice for the total assignment as soon as it has begun the execution of the assignment and / or costs relating to that assignment are made.
b) A surcharge of 5% credit limitation will be charged on the amount of the invoice (including VAT).
c) The payment term is 7 days from the invoice date.
d) In case of full payment within the payment term of 7 days, the credit limitation may be deducted from the payment.
e) If the credit limitation is not deducted, the payment term is counted for 14 days from the invoice date, which period is a deadline.
f) If the payment term of 14 days is exceeded, the client is legally in default, without further notice of default being required.
g) If the client does not fulfil his payment obligation in good time or if the contractor has reasonable grounds to assume that the client will not fulfil his payment obligation in time, the contractor is entitled to suspend its obligations under the order and / or to block the delivery of goods until the payment obligation has been fully met. The provisions of Article 8: 1194 paragraph 2 of the Dutch Civil Code apply accordingly.
h) Client will owe and remain liable for the credit limitation if the payment term is exceeded. The client will then also owe extrajudicial collection costs, which amount to at least 15% with a minimum of € 250, – plus interest equal to the statutory interest plus 5 percent.
i) The owner of the goods is and remains, even if he has not himself given the order, jointly and severally liable for all obligations arising from the assignment. Contractor is also entitled, if it deems it appropriate, to send its invoice directly to the owner.
j) Payments apply only as liberating if and insofar as they have been made in the currency and in the manner as agreed in the order.
k) Payments firstly serve to settle any interest owed, then to settle any (collection) costs that may be due, then to settle any credit limitation due and will be deducted from any previously outstanding claims, oldest first, irrespective of any client specified payment instruction.
l) Quotations are always estimated and offered in cbm (cubic meters), unless stated otherwise in the quotation. The actual current volume and / or weight will be taxed. The excess will be charged on, taking into account that 1 cbm is equal to 100 kilos net and / or 221 lbsn (pounds net.) And / or 35cuft (cubic feet).
m) Invoices are always and only sent by email.
Article 6. Surcharges and / or extra costs
a) The rates in the quotation and / or order are subject to price fluctuations. If during the execution of the assignment it appears that large differences have arisen in this respect, the contractor reserves the right to pass it on.
b) Price increases of sea and air freight that have arisen after delivery of the quotation or during the execution of the assignment will be charged on.
c) If it appears that a destination is not normally accessible, or if goods cannot be brought into the home in a normal way, the extra costs (for auxiliary and otherwise) will be passed on with specification on the invoice. These additional costs do not necessarily require permission from the client.
All this in particular if no delivery address is mentioned in the order.
d) Extra work, other than stated in the assignment, will be agreed between the contractor and the client in the meantime if this has not been agreed in the quotation or as an appendix to the quotation.
e) Costs for the pre-delivery in one go and the collection of boxes or other materials and / or auxiliary after the move are agreed in the offer. Materials that are not returned will be charged at the then applicable rate.
f) If a minimum is stated in the quotation for volume and / or weight, the aforementioned tariff will remain due at all times, even if the actual volume and / or weight later turns out to be less. If afterwards it appears that the volume and / or weight is higher than the stated minimum, the additional costs will be charged for which no explicit consent of the client is necessary.
g) If, due to negligence on the part of the client, important papers, such as passports and travel documents, have been packed during the relocation, which must be removed from this in the meantime, the client is liable for all resulting costs.
h) All other costs, which are not foreseen in the order, caused by factors outside the control of the contractor are at the expense of the client, without requiring an additional assignment.
i) Over all costs of third parties that have not been agreed, a surcharge of 15 percent administration costs will be charged.
Article 7. Storage of goods
a) Each year, as of 1 January, the storage costs will be revised, whereby the contractor reserves the right to increase the storage costs, as stated in the quotation or contract, by a maximum of 10 percent annually.
b) Without the express written consent of the contractor, it is not permitted to store dangerous goods such as weapons, explosives, gas cylinders, etc. (or similar goods). The client will be responsible for the removal of these before the contractor picks up the goods.
c) In order to avoid vermin, the contractor can decide to put moth strips and / or odors in the packaging and / or storage boxes. If this creates odors on goods, this cannot be seen as damage and the contractor will not be liable for cleaning costs.
d) If the client decides to transfer goods that are in storage to the contractor, or to have them collected by third parties, he will fully indemnify the contractor from any form of liability with regard to damage or loss by signing the “Household goods packing list”.
e) Plants cannot be stored. If the client wishes to store these anyway, this is done entirely and solely on the responsibility of the client.
f) Storage costs and / or related costs are invoiced 6 months in advance.
Article 8. Pets
a) The transport of pets can be organized by the contractor but will always be outsourced to third parties.
b) All possible costs of a veterinarian and / or medication during the period that the animals are entrusted to the contractor are always at the expense of the client.
c) Although the contractor will always inform the client to the best of its knowledge about the required documents and measures, the client will always remain responsible for any additional costs of reception and / or quarantine.
d) The client remains at all times responsible for damage caused by his pet (s), or that of owner, to third-party goods.
Article 9. Dangerous goods
a) The contractor shall at all times be entitled to not move goods which it considers to be too hazardous for transport, without having to pay any compensation for this.
b) If dangerous goods are moved, even in boxes that have been packed by the client themselves, without the contractor being notified in advance, the contractor has the right to unload, unpack and let these goods be destroyed. The client remains liable for all reasonably incurred and attributable costs, including labour and removal costs, and damages that occur from this, as well as any fines, claims and / or damage (s) to third-party goods resulting from this.
c) The contractor will inform the client (if desired) by means of an information sheet of what may or may not be transported.
d) Upon commencement of the assignment, the client and / or owner of the goods is familiar with the regulations for the relocation of dangerous goods which can be found on www.yellowmove.com.
Article 10. Customs formalities
a) The contractor will inform the client (if desired) about the measures to be taken and the documents required for the import and / or export of goods.
b) The client is obliged to provide the contractor with all the necessary information for customs documentation and procedures. If it appears that the client does not comply with the advice of the contractor then the contractor has the right to refuse and / or cancel the order without being liable for any compensation whereby the client remains liable for all resulting costs. The costs incurred by the contractor in this respect and / or fines paid will be passed on to the client, who remains liable for this.
c) The costs for customs inspections and / or visitations, import duties and / or excise duties are never included in the quoted rate and will be passed on to client at cost price plus 15 percent administration costs.
d) Personal goods that are part of a removal can normally be cleared free of VAT, import duties, etc., provided the rules are complied with. Any import duties and / or excise duties and / or VAT imposed by the customs plus 15 percent administration costs for Yellow Move, must be paid to Yellow Move by the client before Yellow Move will pay these amounts to the Customs / Tax Authorities.
e) Where appropriate, the client remains liable for paying VAT and / or import duties to be paid in the country of destination over the tax-free goods purchased in the country of departure.
Article 11. Professional work (including disassembly and assembly of goods, packing and unpacking)
a) Only those goods that have been dismantled by the contractor are assembled. The contractor has the right to refuse to disassemble goods at any time.
b) Disconnection of, for example, stereo, speakers, television, washing machine, dryer, stove, fireplace, sanitary, lamp and what can be fixed to ceilings, walls, floors and / or roofs can be done by contractor if no specific professional knowledge is required or no other damage is caused, at the sole discretion of the contractor. Connecting of these goods is not carried out by the contractor unless agreed otherwise in advance.
c) Drainage and / or filling of waterbeds can be provided by the contractor for which, if deemed necessary by the contractor, a specialist will be hired.
d) Professional work is always calculated and invoiced afterwards. The mentioned number of hours in the quotation and / or order is always an estimate. The work assignment signed by the client is the starting point for the number of hours to be invoiced.
e) Assembling of new furniture can be done with prior agreement.
f) Handyman activities can be performed and will always be offered separately or be performed on subsequent calculation. This can vary from replacing plugs, lamps, hanging paintings / photos, lamps, etc. to the new installation and / or replacement of system walls and / or ceilings, doors, window frames, upholstery and / or painting work.
g) Goods that have to be unpacked by the contractor out of boxes will be placed on the countertop, bed, dining table (s) and / or cupboards. It is not standard that goods are placed in cabinets and / or kitchen by the contractor unless otherwise agreed in advance.
Article 12. Insurance (s)
a) Goods are not insured as standard during transport and / or storage. The quotation will offer the possibility of insurance, stating the applicable premium and the minimum of this. The client must indicate whether an insurance is required on the order.
b) At the request of the client, the contractor will hand over the information “Request for Insurance”.
c) Coverage of an insurance is only established after the client has indicated on the order that he wishes to take out insurance and the client has been accepted by the insurance company. The client must complete and sign an inventory list, which is provided by the contractor, with the total replacement value of the goods stated on it. After realization of the cover, the contractor will confirm the insurance cover to the client in writing.
d) Missing (and) of and / or damage (s) to precious metals, art objects, plants, pets, valuable collections, bank and other securities, token, medals, jewellery, pearls, stamp collection(s), coin collections, valuable pens, motorized vehicles or tools etc. (or similar goods) are not insured unless they are specifically stated on the insurance application form and the insurance company has confirmed their coverage.
e) Transportation insurance can be taken out for motorized vehicles. For this the client must specifically mention on the application form for the insurance that a motorized vehicle will be moved.
f) Not covered by the insurance is missing; money, mobile phones, credit cards, keys, damage or death of and diseases of plants, illness, loss or death of pets and / or damage to goods through frequent disassembly and / or assembly, seizure of firearms or things that resemble them, damage caused by leaking bottles, (gas) tanks, frying pan, etc.
g) The insurance does not cover the malfunctioning of electrical, electronic and mechanical devices only if and insofar as visible damage can be detected on the outside of the goods or packaging.
h) The wrinkling of clothing that is transported via air freight packed in flat boxes is not covered by the insurance.
i) Damage to a waterbed or parts thereof or other damage caused by, for example, leakage(s) is not covered by the insurance.
j) Pets are excluded from insurance at all times.
k) Damage to goods caused by odor and / or leaking batteries and / or engines is not covered by (transport) insurance.
l) We charge 10 percent administration costs on the insurance premium with a minimum of Euro 25 per contribution.
m) Handyman activities are not covered by the moving and / or transport insurance. If the client and / or owner of the goods wishes to insure execution of work, it is his own responsibility to insure this separately.
Article 13. Damage and / or loss(s)
a) Damage(s) and / or loss (s) must be reported by the client or recipient immediately upon delivery to the ‘household goods packing list’. The client must also inform the contractor by e-mail about the damage and / or missing items within 5 working days after delivery.
b) After such a report, the contractor will send the client a claim form with instructions that the client will have to follow. If these instructions are not followed up within 30 days, the contractor has the right to definitively reject the claim and to close his file.
c) The contractor reserves the right to repair the damage and / or have it repaired. The contractor cannot be obliged to reimburse the damaged goods in cash if it can restore the damage reasonably and fairly.
d) If the goods, in case of loss or because recovery is no longer possible, will be reimbursed in cash, the value of the goods (in good condition) will be determined or valued by an appraiser appointed by the insurance company. It will issue a report that is binding on all parties.
e) Any damage to goods listed on the ‘household goods packing’ list as P.B.O. (packed by owner) are not eligible for any compensation and therefore do not fall under the insurance.
f) Damage and / or loss (s) of goods never gives the client the right to suspend payment. Settlement is explicitly excluded and the normal payment term must be complied with.
g) The contractor is entitled to suspend or reject the claim procedure under the insurance as long as the invoices have not been paid.
h) The maximum amount of compensation to be paid by the contractor to the client is limited to the amount paid by the (transport) insurance in the relevant case.
i) If handyman activities are not insured separately then contractor and client and / or owner of goods expressly agree that Yellow Move is not liable for any form of damage.
Article 14. Liability
a) Liability of the contractor is excluded:
For damage caused by delays due to: weather conditions, no or late departure or timely arrival of ferry boats, container ships, airplanes, railway wagons (on which the vehicle or container is transported), as well as in other cases of force majeure.
For damage resulting from the use or inadequacy of support points that are used for the attachment of hoisting equipment or for the use of a moving lift, as well as for damage to support points and damage to goods because support points break and / or release, or otherwise prove defective.
For any form of damage or loss arising during transport or storage, either at the contractor or elsewhere, if no transport insurance and additional storage insurance has been taken out via the contractor, or if the client has been refused by the insurance company.
For any kind of damage to goods delivered by him on behalf of third parties.
For unpleasant smells that pesticides deemed necessary by the contractor may cause in substances of goods, or otherwise.
For damage to plants if they die or get a plant disease.
For pets that get ill during the transport or stay in a pension, get lost and / or die.
For any kind of damage if the goods in possession at the contractor have been seized. Any resulting additional costs of loading and / or unloading or storage are at the expense of the client.
b) The client remains at all times liable for illegally possessing and having the contractor transport any form of pornographic literature and / or software, other software, films and / or downloaded material without the required licenses, narcotics and / or smuggled goods, or otherwise.
c) After the loading of the goods, a delivery form will be signed, among other things, on which any damage caused by the contractor to the home or related matters must be reported. The contractor is not liable for damage that is not mentioned. By signing, the client also declares that all desired goods have been loaded. If it turns out afterwards that not everything is loaded, then the contractor is not liable for this.
d) Our liability is limited to the amount that will be covered under our liability insurance in the case concerned.
e) Exclusion of liability does not apply if there is intent or gross negligence on the part of the contractor.
Article 15. Legal
a) Dutch law applies to every assignment.
b) Disputes must be submitted to the competent court in the district of Rotterdam.