General Terms and Conditions VDW (AVV) The AVV consists of 21 articles:
ARTICLE 1 – Definitions
In these terms and conditions a customer is understood to mean: the client and / or the person whose removal goods are the subject of the removal agreement; b Contractor, VDW Verhuizingen who provides professional consumer removals; c removal agreement: the agreement for the transport of goods under which VDW Verhuizingen undertakes to the customer to transport removal goods either exclusively in a building or dwelling, or exclusively partly in a building or dwelling and partly by road or exclusively by road; d removal goods: goods that are located in a space, whether or not covered, and which are intended for the upholstery, furniture or decoration of that space and which have already been used as such; e household effects: all removal goods covered by the removal agreement; money and valuable paper are not counted as household effects; f consumer relocation: relocation of the household effects of a natural person who is not acting in the exercise of a profession or business; g company: any company or institution, whether or not independently established, with or without a profit motive; h i delay damage: financial loss as a result of delayed delivery of removal goods, as referred to in Section 6: 96 BW.
ARTICLE 2 –
Applicability 1 The AVV apply to consumer removals: – within a building; – or involving transport by road only, including transport of truck by ferry or rail within Europe, as part of the road transport route (eg transport to UK by ferry or via the Channel Tunnel); – or a combination thereof. All this insofar as these take place within, from or to the Netherlands; 2 Other general terms and conditions can be agreed on removals that are (partly) not carried out by road; 3 The AVV do not apply to: – consumer removals overseas; – consumer removals on behalf of a third party that take place against the will of the owner of the removal goods (evictions); – the sale and rental of materials that are used by the customer to carry out a removal at his own expense and risk. 4 If in connection with the move also storage or safekeeping of the removal goods takes place, then the AVV applies.
ARTICLE 3 –
The quotation 1 The quotation is submitted in writing or electronically; 2 The quotation will in any case state: – the activities to be performed by VDW Verhuizingen; – the price of those activities (including VAT); – the time and method of payment; – that the household effects are insured during the move within the Netherlands up to an amount of € 100,000 in accordance with article 4 of these conditions; – that in case of custody as part of the move within the Netherlands, the household effects are insured for the first thirty days under the same conditions as during the move; – insofar as known: the date and time of the move as well as a rough indication of the reasonably expected duration of the move; – that the AVV applies to the work to be performed. A copy of these general terms and conditions (GTC) will be sent with the quotation or will be provided to the customer at the latest when the relocation agreement is concluded. 3 The quotation will be dated and irrevocable for thirty days after the quotation date.
ARTICLE 4 –
Contents insurance
1 VDW Verhuizingen has insured the household effects for the customer during the relocation within the Netherlands up to an amount of at least € 100,000 against all losses of and material damage to the household effects as further described in the General Insurance Conditions for Private Removal Goods (PV05). The contents are insured on the basis of new value. New value is understood to mean the amount immediately required for the damage to purchase new items of the same type and quality. In the event of theft of personal jewelery, a maximum compensation of € 5,000 per event will be granted. In the event of damage to goods intended for trade and professional purposes, a maximum compensation of € 25,000 per event will be granted. Both maximum reimbursements are part of the total sum insured.
2 In case of custody as part of the move within the Netherlands, the household effects are insured for the first 30 days as with a move. If no other agreements are made between the parties, the household effects will remain insured (for a fee) in accordance with paragraph 1 of this article. When extending the storage period, the customer has the choice to keep the household contents insured (for a fee) on the basis of article 4 paragraph 1 of the AVV or for another amount to be agreed upon. If the insurance (possibly for a changed amount) is not continued, the liability of the depositee after the first 30 days of storage is limited on the basis of the AVBV (Articles 15 and 18); 3 With regard to the extent of damage, the following applies: – Damage is defined as the difference between the value of the insured items immediately before and immediately after the event or, at the option of the insurers, the repair costs determined immediately after the event, which in the opinion of the experts are capable of repair. Furthermore, damage is deemed to be the magnitude of a depreciation caused by the event and not canceled by the restoration, as determined by the experts; – The amount of the preliminary appraisal or the new value will be used as value immediately before the event. When determining the value immediately after the event, these values will be taken into account where possible; – Damage assessment based on current value takes place on motor vehicles, trailers, caravans, vessels and the associated parts and accessories, as well as objects whose current value is less than 40% of the new value; objects with an antiquarian or rarity value are reimbursed on the basis of market value. The damage to rented objects is determined on the basis of the compensation owed to the lessor; – If parts of the removal goods have been appraised in advance by experts, this preliminary appraisal will apply from the date of the appraisal report for three years; – Repair of damage or replacement of partially lost or missing goods may only take place after agreement has been reached between the customer and the Remover or the loss adjuster or the insurer on the amount of the damage or after the damage has been sufficiently documented. objects with an antiquarian or rarity value are remunerated on the basis of market value. The damage to rented objects is determined on the basis of the compensation owed to the lessor; – If parts of the removal goods have been appraised in advance by experts, this preliminary appraisal will apply from the date of the appraisal report for three years; – Repair of damage or replacement of partially lost or missing goods may only take place after agreement has been reached between the customer and the Remover or the loss adjuster or the insurer on the amount of the damage or after the damage has been sufficiently documented. objects with an antiquarian or rarity value are reimbursed on the basis of market value. The damage to rented objects is determined on the basis of the compensation owed to the lessor; – If parts of the removal goods have been appraised in advance by experts, this preliminary appraisal will apply from the date of the appraisal report for three years; – Damage to be repaired or partially lost or missing goods may only be replaced after agreement has been reached between the customer and the Remover or the loss assessor or the insurer on the amount of the damage or after the damage has been sufficiently documented. – If parts of the removal goods have been appraised in advance by experts, this preliminary appraisal will apply from the date of the appraisal report for three years; – Damage to be repaired or partially lost or missing goods may only be replaced after agreement has been reached between the customer and the Remover or the loss assessor or the insurer on the amount of the damage or after the damage has been sufficiently documented. – If parts of the removal goods have been appraised in advance by experts, this preliminary appraisal will apply from the date of the appraisal report for three years; – Damage to be repaired or partially lost or missing goods may only be replaced after agreement has been reached between the customer and the Remover, the loss adjuster or the insurer on the amount of the damage or after the damage has been sufficiently documented.
ARTICLE 5 –
Relocation price
1 The following method is used to calculate the removal price: – an all-in price (method of contracting work), for which the removal is fully carried out, including the turnover tax and the agreed elements and activities referred to in the second paragraph of this article but with the exclusion of unforeseen expenses referred to in the third paragraph; – a cost-plus price, calculated on the basis of previously agreed rates per volume and / or distance and / or duration, whereby the agreed activities as well as the pricing method are very accurately described. If a target price has been issued at the request of the customer, it may not be exceeded by more than fifteen percent;
2 The removal price is determined by the following elements and activities of VDW Verhuizingen, insofar as they have been agreed in the removal agreement: – transport, including loading and unloading the removal goods; – packing and unpacking goods to be transported in crates or boxes and disassembling and reassembling pieces of furniture; – actions such as removing, picking up, disconnecting, placing or hanging lamps, curtains, carpeting, stoves, fireplaces, sanitary facilities and anything else that is attached to or on ceilings, walls, floors and roofs, removing and assembling a waterbed. VDW Verhuizingen may, however, only perform these activities if no specific professional knowledge is required; – the premiums and reimbursements for the insurance as referred to in Article 4;
3 Unless otherwise agreed in writing or electronically, the removal price does not include: the costs for the use of ferries and ferries, tolls to be paid, parking exemptions and permits, border and customs costs and costs reasonably incurred for taking unforeseeable measures to the preservation or delivery of the removal goods;
4 The removal price will be increased if the customer owes VDW Verhuizingen other costs in accordance with these terms and conditions, or in connection with additional work. If there is less work, the price will be reduced. The invoice must specify the deviation from the moving price. In these terms and conditions, additional work is understood to mean work to be performed by VDW Verhuizingen at a later request from the customer, which was not agreed upon when the relocation agreement was concluded. Reduced work is understood to mean work agreed upon at the conclusion of the relocation agreement in respect of which VDW Verhuizingen and the customer later agree that these activities will not be performed by VDW Verhuizingen;
ARTICLE 6 –
The agreement The agreement is concluded: – as soon as the customer has indicated orally, in writing or electronically that he accepts the quotation from VDW Verhuizingen – if no quotation has been issued, at the moment that the order confirmation is sent by VDW Verhuizingen – as soon as the customer actually removes goods makes available to VDW Verhuizingen for relocation.
ARTICLE 7 –
The customer’s obligation to provide information 1 The customer will inform VDW Verhuizingen in good time with regard to the removal goods of: – all items, the presence of which poses a special risk of damage to the removal goods or the company equipment; – all articles of a technical nature for which the manufacturer has notified the users of special security measures to be taken before the start of the transport; – all objects of a special nature, subject to special regulations of national and / or foreign authorities, such as objects of special value, works of art, valuable collections, firearms. 2 With regard to the move, the customer will inform VDW Verhuizingen in good time of: – details of the new residential location (for example, a living room on the first floor); – other matters and circumstances that are important for VDW Verhuizingen to know for the purpose of the move (for example, a broken pavement in front of the house on the day of the move). All this unless the customer may assume that VDW Verhuizingen knows this information.
ARTICLE 8 –
Obligations of the VDW Verhuizingen 1 VDW Verhuizingen is obliged: – to deliver the removal goods at their destination (placing them at the location possibly designated for this purpose) and in the condition in which they are packaged or disassembled, or in the condition in which they made available for transport; – complete a move that has started without delay. 2 The obligations of VDW Verhuizingen arising from the relocation agreement will be terminated as soon as the removal goods have been delivered to the agreed destination.
ARTICLE 9 –
Dangerous goods or substances 1 If the customer provides VDW Verhuizingen with dangerous goods or substances as referred to in the Dangerous Goods Act, the customer must inform VDW Verhuizingen about the nature of the danger they entail and VDW Verhuizingen must indicate the precautionary measures to be taken. . 2 VDW Verhuizingen has the right not to move dangerous goods or substances that it was not informed about when the agreement was concluded. 3 VDW Verhuizingen has the right to unload dangerous goods or substances about which it has not been informed when the agreement was concluded at any time and place and to make them harmless or have them destroyed or have them destroyed at the expense of the customer.
ARTICLE 10 –
Customs formalities The following provisions apply to relocation contracts to be carried out by road to or from the Netherlands: – VDW Verhuizingen must inform the customer to the best of its ability of the existing regulations regarding customs and other formalities to be carried out for the execution of the relocation agreement; – the customer must provide VDW Verhuizingen with the necessary documents and provide him with all the information required for the completion of the formalities.
ARTICLE 11 –
Changes to the agreement when moving 1 The customer may request VDW Verhuizingen to change the implementation of the removal agreement. The desired change must be feasible for VDW Verhuizingen and must not disrupt the business operations at VDW Verhuizingen. The customer must also indemnify VDW Verhuizingen for all necessary costs and disadvantages that actually arise from the change to the relocation agreement. If the change benefits VDW Verhuizingen, he will not charge the reasonably saved costs. . 2 If, due to circumstances, VDW Verhuizingen cannot execute the relocation agreement in accordance with its assignment and within a normal period, it must: – request new instructions from the customer, or; – if this is not possible, take those measures,
ARTICLE 12 –
Cancel and Cancel
1 The customer may cancel the agreement. He owes VDW Verhuizingen compensation for this. In case of cancellation up to thirty days before the agreed relocation date, the compensation amounts to a maximum of 15 percent of the agreed relocation price. In case of cancellation up to fourteen or seven days before the moving date, the compensation amounts to a maximum of 50 and 75 percent respectively of the removal price. In case of cancellation within seven days before the relocation date, no more than the full relocation price is due;
2 The customer may cancel the relocation agreement if it becomes known to him that VDW Verhuizingen will not be able to carry out the relocation on the agreed day and time. Shortly after this becomes known, the termination must be communicated to VDW Verhuizingen, with due observance of paragraph 4 of this article;
3 If, before or during the presentation of the removal goods to the mover, circumstances arise at one of the parties that the other party did not need to know when concluding the agreement, but which, if they had been known, could reasonably have delivery agreement or not to enter into the relocation agreement or under different conditions, this other party is authorized to terminate the agreement; 4 Termination is effected by written or electronic notification and the agreement ends at the time of receipt thereof; 5 In accordance with standards of reasonableness and fairness, after termination of the agreement the parties are obliged to compensate each other for the damage suffered as a result, to be demonstrated. This subject to circumstances as referred to in article 12 paragraph 2 of these conditions.
ARTICLE 13 –
The payment
1 Payment of the removal price takes place in cash at the moment that VDW Verhuizingen delivers the removal goods to the place of destination, unless otherwise agreed. The customer must pay the removal price when the invoice is presented and upon presentation of a receipt by VDW Verhuizingen. Cash payment also includes crediting the amount due to a bank or giro account specified by VDW Verhuizingen at the time of delivery or payment by means of electronic payment recognized by banks;
2 If VDW Verhuizingen appears on presentation of the invoice that the customer does not meet or will not fulfill his obligation to pay, he is entitled to suspend the (completion of) the move. In that case, VDW Verhuizingen is also entitled to store and sell the removal goods, provided it has the permission of the court as referred to in Article 8: 1194, paragraph 2 of the Dutch Civil Code. .
3 If at the conclusion of the agreement it has been explicitly agreed that payment will not be made in cash on delivery, but no payment term has been agreed, payment must be made within fourteen days after receipt of the invoice;
4 The customer is in default from the expiry of the payment date. After the expiry of that date, VDW Verhuizingen will send a payment reminder and gives the customer the opportunity to pay within seven days of receipt of this payment reminder. If after the expiry of the payment reminder payment is still not made, VDW Verhuizingen is entitled to charge the statutory interest from the expiry of the payment date and all extrajudicial collection costs reasonably incurred by it ;:
5 If the client is not the same as the person whose removal goods are the subject of the removal agreement, VDW Verhuizingen will make separate agreements with the client about the payment of the costs arising from the removal agreement as well as about the delivery if the owner of the removal goods is not available for this himself. . If the client does not fulfill his payment obligations, the owner of the removal goods is liable for the payment of the removal costs;
6 Appeal to set-off of claims for payment of the removal price is not permitted, unless the parties agree otherwise in writing or electronically.
ARTICLE 14 –
Liability of VDW Verhuizingen
1 In the event of non-compliance with the obligations incumbent on it under Article 9, VDW Verhuizingen is liable for the resulting damage. This unless the non-compliance was caused by a circumstance that a careful VDW Verhuizingen could not have avoided and insofar as such a VDW Verhuizingen could not prevent the consequences thereof. In determining the extent of material damage in the event of damage to or loss of removal goods, the provisions of Article 4 paragraph 3. In the event of damage due to delay, VDW Verhuizingen is not liable for damage that exceeds the removal price. is going; the extent of the delay damage must be demonstrated by the customer;
2 VDW Verhuizingen cannot relieve itself of its liability on the basis of: – the defective nature of the vehicle used for the move; – the defect in the material which he uses, unless this has been made available by the customer; material does not include a ship, aircraft or railway wagon on which the vehicle used for the move is located; – the inadequacy of supports used for attaching hoisting equipment or for the use of a moving lift; – any damage caused to the removal goods due to the actions of third parties, whose actions are not at the risk of the customer.
3 VDW Verhuizingen that does not fulfill its obligations is liable for the damage caused as a result, unless this non-compliance is the result of special risks associated with one or more of the following circumstances: – packing or taking apart, or unpacking or assembling removal goods by the customer or with the aid of any person or any means made available by the customer for this purpose on his own initiative; – assisting with the removal by the owner of the removal goods, his family members, friends or third parties who have been asked by him to assist with the removal; – the choice by the customer – although VDW Verhuizingen gave him another option – of a method of packaging or implementation of the relocation agreement, that differs from what is customary for the agreed move; – the presence among the removal goods of items for which VDW Verhuizingen, had he been informed by the customer of their presence and their nature in accordance with Article 8, would have taken special measures; – the nature or the condition of the removal goods themselves, which are only exposed to total or partial loss or damage such as: leakage, emptying or melting of other goods forming part of the household effects, due to causes related to this nature or condition itself, the death of plants; the loss of bank notes, papers of value, precious metals, coins and tokens, precious stones, pearls, documents and collections, unless the customer takes these items before the start of the move, has handed over to VDW Verhuizingen separately and stating quantity and value; – failure or malfunctioning of electrical, electronic and mechanical equipment.
4 If VDW Verhuizingen proves that non-compliance with the obligation resting on it on the basis of the obligation in Article 9 could have been the result of one or more of the special risks referred to above in this paragraph 3, it is presumed that non-compliance ensues. , without prejudice to the right of the customer to provide evidence to the contrary; 5 VDW Verhuizingen is liable for the unlawful abandonment of objects in or the incorrect removal thereof from the loading places, if this was or should have been explicitly known to him; 6 Insofar as the customer does not represent, refuses to receive removal goods or does not receive them with the required speed, or insofar as removal goods have been seized, VDW Verhuizingen is entitled to store these removal goods at the expense and risk of the entitled party in a suitable storage place. He is obliged to inform the customer in writing or electronically as soon as possible. Without prejudice to the operation of this article, VDW Verhuizingen is not liable for damage other than caused by non-compliance with its obligations referred to in article 9 of these terms and conditions.
ARTICLE 15 –
Liability of the customer 1 The customer is liable for the costs and damage suffered by VDW Verhuizingen as a result of the non-provision or insufficient provision of the information referred to in articles 7, 9 and 10, unless the customer cannot be held responsible for this. 2 The customer is obliged, except in the case of force majeure, to compensate VDW Verhuizingen for damage if the relocation agreement cannot be performed or not as agreed due to the actions or negligence of the customer. The compensation amounts to a maximum amount equal to the removal price. Article 13 applies in the event of cancellation. 3 The customer will indemnify VDW Verhuizingen at his first request in the event that VDW Verhuizingen is sued by third parties outside the agreement with regard to damage or financial loss – including criminal fines – in any way related to the performance of the relocation agreement by VDW Verhuizingen. , his subordinates and auxiliary persons. This if this damage is the result of acts or omissions of the customer in violation of any statutory regulation, such as with regard to the unlawful presence of narcotics, pornographic reading, software without a license, etc. in the contents.
ARTICLE 16 –
Reporting of damage If damage is found upon delivery of the removal goods, the customer must report this to VDW Verhuizingen during the move. If there is no opportunity on delivery to detect any damage to the removal goods, the customer must declare this in writing or electronically in advance or at the latest at the time of delivery. It is strongly recommended to report damage to VDW Verhuizingen in writing or electronically within two working days after the move. If VDW Verhuizingen has not received the aforementioned notification within fourteen days after the move, it will be deemed to have carried out the move without observable damage.
ARTICLE 17 –
Compensation for liability 1 If it is not possible to rely on the insurance referred to in article 4 of these terms and conditions, the compensation payable by VDW Verhuizingen due to non-compliance with the obligations resting on it (article 9) is limited on the basis of article 8: 1182 BW (€ 23,000 per household contents); 2 If VDW Verhuizingen undertakes to move more than one household contents in one and the same agreement, its liability referred to in the first paragraph applies per household contents; 3 VDW Verhuizingen cannot invoke any limitation of its liability insofar as the damage was caused by its own act or omission, by deliberately causing that damage, or by recklessness and with the knowledge that such damage would probably result from it. 4 Damage to the household effects that is less than or equal to € 150 (deductible) is for the account of the customer, for damage to the household effects greater than € 150 VDW Verhuizingen can be liable for the full amount of the damage, minus the deductible. without prejudice to the provisions of the other paragraphs of this article. 5 All claims based on the removal agreement or related to that agreement become time-barred in accordance with the Civil Code one year after delivery of the removal goods.
ARTICLE 18 –
Complaints Complaints about the implementation of the agreement must be fully and clearly described and submitted to VDW Verhuizingen in time after the customer has discovered the defects. Failure to submit the complaint in time may result in the customer losing his rights in this respect.
ARTICLE 19 –
Applicable law Dutch law applies to (the) agreements concluded, amended or supplemented on the basis of the AVV, unless other law applies on the basis of mandatory rules.
ARTICLE 20 – Amendments.
ARTICLE 21 – Official title