GENERAL TERMS AND CONDITIONS FOR INTERNATIONAL REMOVALS
Unless otherwise agreed between the removals company and the customer, the following provisions shall apply automatically to removals governed by the contract signed between the parties. Said provisions determine the rights and obligations of each of them.
2: INFORMATION TO BE PROVIDED BY THE CUSTOMER
The contract shall be drawn up in the light of the information provided by the customer in a timely manner. It shall be up to the removals company to evaluate the volume and, if necessary, the weight of the objects to be moved. However, the customer shall be liable for the consequences of any under evaluation of said volume or weight resulting from incomplete or erroneous information provided to the removals company. The customer shall therefore pay for any cost over the initial estimate. If the removals company has inspected the premises from which the furniture is to be moved and the entrances thereto, it must be mentioned on the removals estimate. If the removals company has inspected the premises to which the furniture is to be moved and the entrances thereto, it must also be mentioned on the removals estimate. Should there be exceptional difficulties in entering the buildings or handling difficulties, the customer must inform the removals company thereof if the removals company has not inspected the premises and entrances. If the removals company is not informed thereof, the customer shall be liable for all expenses and damages that the removals company has to bear as a result, except for such expenses and damages for which the removals company is responsible.
The customer shall be responsible for:
- a) Listing all the objects that could damage the equipment used or the furniture moved.
- b) Informing the removals company of the presence of objects subject to special regulations such as gold or silver objects, precious metals, wine, spirits, and arms, provided the removals company has warned the customer about the special regulations concerned. The removals company shall not be responsible for checking the documents provided for compliance.
- c) Mentioning the presence of works of art, collectors’ items or otherobjects of high value other than those listed in paragraph b of this article. The customer shall be liable for all expenses and damages incurred by the removals company as a result of the inaccuracy or incompleteness of the information listed above. If the customer does not give detailed instructions about the objects to be removed, the customer shall be responsible for checking or having checked that no object is mistakenly moved when the furniture is collected. The customer shall be responsible for giving the removals company a contact address (telephone, fax, e-mail, etc.) at which said customer may be reached during the removal. The customer must notify the removals company of any change of address. If no such address is provided, the removals company shall not be liable for failing to provide the customer with information that becomes available during the removals process.
The removals company shall remind the customer and inform him as fully as possible of the existing regulations concerning customs and other formalities to be carried out during the removal. The customer shall deliver the necessary documents to the removals company and provide it with all the required information to carry out such formalities. The removals company shall not be obliged to check the documents and information provided by the customer for accuracy and completeness. The customer shall be liable to the removals company for all damage resulting from the lack of, incompleteness or inaccuracy of said documents and information, except when such damage is caused by the removals company. The removals company shall be liable for the consequences of the loss or misuse of the documents mentioned in the first paragraph of this clause. However, the compensation payable by the removals company shall not exceed 50% of the price of the removal. The customs formalities completed by the removals company shall be included in the price of the removal proposed to the customer. On the other hand, the import duties and taxes on goods transported to different countries or territories shall be paid by the customer. In cases of “Port of Entry” (P.O.E.) or “Airport of Entry” (A.O.E) operations, the parties agree that the initial price shall not cover unloading, custom clearance or delivery of the effects, objects, furnitures and vehicles at destination. The above operations shall be the customer’s esponsibility,
4: PRICE AND PAYMENT TERMS
The price set in the contract may not be changed unless unforeseen expenses related to the method of performance which are beyond the control of the removals company arise before and during the removal. However, the customer shall be liable for any excess cost due to the volume quoted in the estimate being exceeded under the terms of clause 2. Should the performance period not be stated, the prices quoted by the removals company shall only be valid for a period not exceeding two months beginning on the date the estimate is prepared. The agreed price shall be paid according to the terms agreed by the parties and stated in the special terms and conditions.
5: VALUED INVENTORY AND INSURANCE
To determine the liability of the removals company in the event of the loss of or damage to the furniture entrusted to the removals company, and to determine the compensation to which the customer shall be entitled, the customer must: – deliver an itemised inventory of the effects and furniture entrusted to the removals company, declare the individual value of the objects or group of objects entrusted to the removals company. It shall be the customer’s responsibility, in its own best interest, to take out a property damage insurance policy through the removals company. Said policy shall insure ad valorem the transported objects, effects, furniture and vehicles. Should the customer fail to take out an inclusive, ad valorem property damage policy, the customer agrees that in the event of a claim against the removals company, the removals company’s liability for loss or damage shall be limited to € 305 per cubic meter, € 153 per object or group of objects with a maximum of € 7,623 per removals operation.
6: CANCELLATION OF THE CONTRACT
Except in the event of force majeure, if the customer cancels the order or if the removals company is found to be in default, the injured party shall be entitled to compensation. Said compensation shall be one-third of the price of the removal if the injured party is notified more than three clear days prior to the commencement of the removal and one-half of said price if less notice is given.
6.A: DOOR-TO-DOOR CANVASSING AND SALES
If the customer is canvassed or sold removals services door-to-door, it shall be entitled to cancel the contract up to 7 days following the signature of the removals contract as provided by the Act of December 22, 1972 as amended. For that purpose, the customer shall receive a retraction form. The customer shall owe nothing during said period.
7: AMENDMENT OF THE REMOVALS CONTRACT
The customer shall have the right to halt the removal or change the place to which the furniture is to be delivered. The exercise of said right shall be contingent upon satisfaction of the following conditions:
a) the customer shall compensate the removals company for the expenses and loss resulting from its instructions,
b) such stoppage or change must be possible at the time the instructions reach the person who must carry them out and such stoppage or change must not disrupt the removals company’s normal operations or harm other customers. When the removals company cannot carry out the instructions received for reasons mentioned in paragraph b) above, it must immediately notify the client thereof. If the removals company fails to carry out the instructions given according to the conditions set forth in this clause, it shall be liable to the customer for the harm caused. Should erformance of the contract according to the terms stipulated in the removals estimate be or become impossible for any reason whatsoever before the furniture arrives at its destination, the removals company must request instructions from the customer. However, if circumstances permit the removal to go ahead under terms other than those stipulated in the estimate and if the removals company is unable to obtain instructions from the customer, it shall take the steps that it deems best in the interests of the customer. The removals company shall be entitled toeimbursement of the expenses it incurs due to its request for instructions or the implementation of the instructions received or on account of the measures mentioned above, unless it is responsible for said expenses arising. If when the furniture arrives at its destination the customer is unable for any reason whatsoever to accept delivery at the place it indicated which is mentioned on the removals estimate, and does not give timely instructions to the removals company regarding the disposal of the furniture, the removals company shall be entitled to immediately unload said furniture at a place of its choosing. In such case, its responsibility shall be limited to choosing an appropriate place and choosing a person to whom the furniture may be entrusted. The removals company shall be entitled to reimbursement of the expenses it incurs as a result of said actions. If the removal cannot be performed on the agreed terms for reasons attributable to the customer, the removals company shall be entitled to compensation for the loss sustained that shall not exceed the price of the removal. However, said provisions shall not apply if the customer is at fault for reasons beyond its control having consequences that it could not prevent.
8: SERVICES EXCLUDED OR ACCEPTED UNDER CERTAIN CONDITIONS
The removals company’s services shall not include the removal or installation of objects affixed to the walls, floors or ceilings. The removal men are not authorised to amend the contract or to agree to carry out work that is not stipulated in the estimate, unless otherwise agreed to in writing by the managing director of the removals company. The removals company shall not transport persons, live animals, insects, plants, hazardous, explosive or flammable materials, jewels, coins, precious metals or objects of value. The removals company shall not be liable if it unknowingly transports any of the above and the customer may be liable. Any exception to said rule must be agreed to in writing between the parties before the removal begins.
9: AMENDMENT OF PERFORMANCE TERMS
The customer and the removals company may mutually agree to amend the provisions of the contract provided they agree on the new terms and on the impact of said terms on the price, especially for all the additional services not stipulated in the initial contract.
10: MANDATORY PRESENCE OF CUSTOMER
The customer or its agent must be present at both loading and delivery. Prior to departure of the vehicle, it must check that no object has been forgotten in the premises or annexes where its furniture was located. The employees of the removals company shall be entitled to require that the customer record in writing any deterioration prior to the move.
11: LIABILITY OF THE REMOVALS COMPANY
The removals company shall be liable under the terms stipulated below for any total or partial loss, damage or delay during the operations carried out further to the performance of the removal contract. The customer or the removals company shall be entitled to require that a detailed description of the condition of all or some of the furniture be drawn up at the requesting party’s xpense. If such a description is drafted, the condition of the objects shall be deemed to have been as described until proved otherwise. If it is proved that the loss, damage or delay occurred during work carried out by a subcontracted carrier (e.g. shipping company, airline, etc.) and if the customer agreed to the mode of transport used by the subcontractor, the principle and extent of the removals company’s liability shall be determined by the mandatory rules governing the carriage contract of said carrier. However, the removals company may not claim the total or partial exemption of the subcontracting carrier due to an act or omission for which it is liable as the shipper. The removals company shall not be liable if the loss, damage or delay was caused by a fault of the customer, a customer order not resulting from a fault of the removals company or a defect in the objects to be moved or from circumstances that the removals company could not avoid and consequences that it could not prevent. In the event of breakage or damage of especially fragile objects such as marble slabs, glass, or porcelain, mirrors, frames [illegible], centre lights, ampshades, radio and television sets, and wormeaten furniture, the removals company shall not be liable if it proves that it took the customary precautions. However, the removals company may not allege that the equipment that it uses to move the objects was defective or the fault of the persons from which it leased the equipment or the employees of said persons to extricate itself from liability. Nevertheless, the removals company shall not be liable if the loss or damage results from particular risksinherent in one or more of the following acts:
- a) disassembly, packing, handling, loading, securing, unloading, unpacking or reassembly carried out by the customer or by employees or equipment furnished by the customer, on its initiative, to the removals company,
- b) the customer choosing, despite other offers made by the removals company, packing and transport conditions that do not meet the standards it was advised to adopt for the removal,
- c) presence, unbeknownst to the removals company, of objects for which it would have taken special steps if it had been aware of the presence or nature thereof,
- d) the nature of certain objects which may suffer total or partial loss or damage, due to their own characteristics, or cause damage to other objects for reasons such as rust, internal or pontaneous deterioration, drying out, atmospheric humidity, freezing, spillage, layers of paint or similar products that are not sufficiently dry, or the action of vermin and rodents.
- e) exceptional difficulty in handling the furniture due to its size or weight given the size of the premises, entrances and their solidity.If, by virtue of this clause, the removals company does not acceptliability for certain of the factors that caused the damage, it shall only be liable to the extent that the factors for which it does accept liability by virtue of this clause contributed to the damage.
ARTICLE 12: EXCLUDED RISKS
The removals company declines all liability for operations not carried out by its employees or its subcontractors. The removals company shall not be liable for damages and harmful consequences resulting from:
– any inherent defect or malfunctioning of the object transported especially if the object has a mechanical, electrical or electronic component whose operation the removals company is not qualified to judge or requiring special bracing or cushioning precautions by a specialist,
– the occurrence of events that can be qualified as force majeure.
13: TRANSPORTATION TIMES
If the parties agree that the move shall take place in a given time period, a delay shall be deemed to have occurred if the move is not completed by the given time period. If the parties do not agree to a specified time period, performance of the contract will never be deemed to have been delayed. If the parties have not agreed to anything concerning the time period, a delay shall be deemed to have occurred if the actual time taken by the removal exceeds the time that it is reasonable to allocate to a prompt removals company, taking into account the mode of transport used, the nature of the move and other circumstances, especially any consent given by the customer to the removals company combining the move with another move or, in the event of a partial load, taking into account the time required to put together a full load. The removals company shall not be held liable for the delay if the cause of the delay is an event that can be qualified as an event of force majeure or beyond the removals company’s control such as delays or incidents due to:
– shortcomings of shipping companies or airlines, – any strike outside the removals company that disrupts the move, – unforeseeable weather conditions.
14: COMPENSATION FOR DELAYS
Subject to the terms of clause 13 above, compensation shall be calculated by reference to the proof submitted by the plaintiff.
15: INSPECTION OF FURNITURE ON DELIVERY
Upon delivery the customer must check the condition of its furniture and give discharge therefor upon completion of delivery. In the event of loss or damage and to protect its rights and means of proof, the customer should make accurate and detailed reservations in writing in the presence of the removals company’s representatives upon delivery. In the event of partial loss or damage, the customer must send the removals company a registered letter describing the damage regardless of whether reservations were made. The letter must be mailed within 7 days of delivery including holidays. Failing that, the customer shall lose its right to bring action against the removals company.
16: DELIVERY TO STORAGE FACILITIES OF A COMPANY DESIGNATED BY THE CLIENT
Delivery to the storage facilities of a storage company or a similar third party shall be considered delivery to a home and shall mean termination of the removal contract. The customer or its agent must be present at the unloading and unpacking operations, which are included in the price of the removal, and give discharge according to the terms of clause 15. The repacking and storage expenses shall be separate and shall be charged to the customer by the storage company. The storage company shall assume responsibility for the furniture and the removals company shall cease to have liability therefor. Should the customer be absent or if the unpacking and repacking operations have not been carried out, at its request, the observations shall be made by the storage company and shall be limited to any obvious damage. If the customer alleges hidden damage, it must prove that the damage existed at the time the furniture was delivered to the storage facilities or to the third party company.
17: COMPENSATION FOR DAMAGES
Depending on the extent of the damage, losses or damage shall give rise to reparations, replacement or compensation under an ad valorem insurance policy for property damage taken out through the removals company. Compensation for damage shall be based on the value of the furniture such as defined in clause 5. Compensation shall apply according to the following conditions and limits but may not exceed the actual value of the material loss. In the event of partial loss or damage, compensation for each object or group of objects shall be based on:
– either the actual value, if it is equal to the declared value or, – in proportion to the declared value in relation to the actual value if the declared value is insufficient. If the property damage policy was not taken out through the removals company, any action against it shall be brought within the limits for liability and compensation stipulated in clause 5. Whenever any act for which one of the parties is liable under the removals contract gives rise to an extracontractual claim under the law which applies to the contract, the parties agree not to take extra-contractual action to obtain compensation exceeding the compensation set by these general terms and conditions or by the special terms and conditions of the contract. In this case the applicable law shall be the law of the country in which the removals company is located.
- a) Statute of limitations – Actions for damage, losses or delays arising from the removals contract must be brought within one year after delivery of the furniture.
- b) Jurisdiction – The courts in the place where the removals company’s registered office is located shall have sole jurisdiction over any disputes that may arise from this contract, even in the event of action being taken against a guarantor or if there are several defendants.
SPECIAL TERMS AND CONDITIONS
- The removals company shall have a general lien over all or some of the objects:
- for all sums due on the signature date of this contract or that may be owed by the customer to the removals company after said date,
- for all the removals company’s current or future commitments under the contract or arrangement entered into with the customer regardless of whether they were entered into before or after the date of this contract or result from of an action or fault of the customer. The removals company shall be entitled to charge the client for the storage and other expenses incurred during the entire period during which a lien is exercised. For as long as it is exercising a lien, it may also sign any contract with any person or removals business or company for the storage of said objects and charge the storage expenses to the customer.
- Should the removals company exercise a lien over all or some of the objects, it shall notify the customer in writing thereof at its last known address. If the removals company’s expenses are not paid within three months after the posting of said notice, the removals company shall be entitled without obligation to send another notification, to commence legal proceedings to sell all or some of the objects either by public auction or by private agreement to pay the customer’s debts and the expenses incurred for the sale and storage for the objects.
- If the removals company has made any disbursements or incurred any expenditures or expenses whatsoever as a result of any claim made by a third party concerning all or some of the moved, packed or stored objects or paid damages caused by said claims, owed a legal fine or other, or is obliged to incur certain expenses to recover the resulting expenses, all of said expenses may be recovered from the customer. The removals company shall have a general lien over all the objects held by it for said disbursements, expenditures, damages, fines and expenses.
All sums due must be paid to the removals company at the office at which the contract was signed before the removals operations begin. No claim whatsoever shall be used as justification for suspending any payment to the removals company. Removals operations will be completed according to the General Terms and Conditions for International Removals. The client agrees to read them and to accept all the clauses :
Executed in ____________________ on ______________
Client’s signature ,
Signature preceded by the handwriten words Valid for agreement.
These General Terms and Conditions are only applicable for international removals.