General Terms and Conditions

BearStorm Moving Service V.O.F. are professionals since 2015. To do our service as efficiently and good as possible we have a number of general terms and conditions to make your moving service possible. 

Definitions:

Mover and / or contractor: BearStorm Moving Service V.O.F. is explained in these General Terms and Conditions.

Client: Client and any representative of the Client, contact person specified on behalf of the Client and the group on behalf of which the Client requests / books the services. The person indicated has a payment obligation and must be allowed to bear the comparable / related activities, powers and responsibilities of the Client.

Written also means a digital message in any social platform of communication.

Responsibilities  and liabilities 

1. The Client is responsible for the insurance-worth packaging and protection of household goods against scratch and impact damage. Sensitive parts of household goods such as large areas, edges and points must be protected prior to the move. The Contractor is not liable for damage to cargo or premises if the freight of the Client has not been offered as insurance-worth goods. Consult with company advisor.

2 Any agreements and / or commitments deviating from these General Terms and Conditions shall only be binding on the Contractor if they have been confirmed in writing by the Contractor prior to the commencement of the removal.

3 The Contractor reserves the right to terminate the agreement without any compensation being required, in case of force majeure, strike, lock-out, fire, war, mobilisation, flood, other (natural) disasters and any cause of delay or delay external factors that do not allow the move independent of the will of the moving company, the contractor.

4 Both parties are obliged to keep confidential all confidential information that they share with each other in the context of the agreement. Information is considered confidential if it is indicated as such or if this results from the nature of the information in question. The confidential information will only be used for the purpose for which it was provided. If the Contractor is obliged to disclose confidential information on the grounds of a statutory provision or court order / order, the Contractor is not obliged to compensate for damage and, insofar as it concerns it, the Client is not entitled to dissolve the agreement.

5 If one or more provisions from these general terms and conditions are void or voidable, the remaining provisions will remain fully applicable. In that case, the parties will agree on new provisions to replace the void or nullified provisions, taking into account as much as possible the purpose and purport of the original provision.

6 The Client is responsible for the correct securing and disconnection of the washing machine and drum. In the event that this has not happened, the Contractor is not liable for any damage to the washing machine and / or home and any consequential damage.

7 Applicable law and choice of law the Contractor in Amsterdam. Dutch law applies to all legal relationships, including offers, quotations and agreements concluded between the Contractor and the Client. Disputes, including disputes that are considered as such by only one party, are exclusively subject to jurisdiction in Amsterdam, unless rules of mandatory law oppose this.

8 The price and time indication specified by the Contractor is based entirely on the information provided by the Client by means of the application form. By accepting the price and time indication these General Terms and Conditions are automatically valid. This is also a commitment for the presence of a competent person during the move.

9 Additions and / or changes can only be added in writing prior to the commencement of the relocation and must be confirmed in writing by the Contractor in advance. If the relocation situation / information deviates from reality, this is no reason for complaint or compensation. The bill must be paid in all cases.

10 The Contractor shall never be liable for any damage whatsoever arising from errors in software or other computer software used by the Contractor, unless this damage can be recovered by the Contractor from the supplier of the software or computer software concerned.

11 The Client is responsible for the planting that may cause the removal of trees (high hedges, large trees, etc.) the Contractor does not cut trees or hedges. If the planting impedes the removal situation, the Contractor will at all times retain the right to move the removal and / or to call in extra manpower / material. Any waiting times of the already existing movers will be charged. The costs arising from this are at the expense of the Client.

12 If a large front or back garden or gallery is present, you must inform the Contractor of this. If this causes delays, all additional costs of the existing staff and / or any additional services / materials required are always at the expense of the Client.

13 We reserve the right, in exceptional circumstances, to change our planning in order to ensure a smooth process. The Contractor will notify you by telephone in the event of any changes.

14 In case of problems or complaints we ask you not to enter into a discussion with the movers, but contact the head office directly via  +31617024241 or +31641139739

15 Movers are never entitled to make promises. There can only be promises made by the management at the office, which are always confirmed in writing.(Digital message is also excepted)

16 The Contractor is not liable for waiting times caused by incorrectly parked vehicles, even if the traffic signs have been requested by the company and / or the Client. The costs for the waiting time are always at the expense of the Client.

17 The Client is responsible for the protection of all floor parts where contents must be moved, this also applies to the entire passage of the contents to all addresses that the Contractor makes on behalf of the Client. Wooden and stone floors are fragile and must be adequately protected by the Client. Damage to floor parts are always at the risk of the Client.

18 By accepting the contract for the assignment, the contractor has a best effort obligation towards the Client.

18 The Contractor is not liable for any damage to the Client if this damage has arisen as a result of the provision of incorrect / incomplete information and / or unsound materials by the Client. This also includes moving boxes that are in a bad condition.

19 The Contractor excludes all liability towards the Client, unless it proves that damage has arisen as a result of the non-execution or incorrect execution of the assignment, caused by the intent and / or gross negligence of the Contractor.

20 If the Client can not be physically present during the relocation, a contact must be designated in advance. This must be present throughout the move and acts on behalf of the Client and bears all the responsibilities that this entails. Also has this designated person has the obligation to pay the move immediately upon completion.

21 The Contractor accepts no liability whatsoever towards others than the Client and is indemnified by the Client for the financial consequences of any such claims by third parties.

22 The Contractor is never liable for consequential damage, loss of profit, missed savings and any damage whatsoever due to business stagnation of the Client.

23 Any liability of the Contractor is limited to the extent of the fee agreed for the execution of the assignment, or if the insured sum for which the Contractor has a professional c. q. Company liability insurance is taken out, lower than the fee agreed for the execution of the assignment and / or the amount of the damage, the sum insured.

24 The Contractor can never be held liable on account of material or physical damage, to or by the Client or to his or her helpers inflicted on anyone, even if the claim occurs on the occasion of the cooperation between an appointed person. the Contractor and the Client and / or his / her helper (s).

25 Damage to plants, paintings, aquariums, waterbeds, animals and staircases always remains excluded from the liability of the Contractor.

26 Ordinary mechanical, electrical and electronic disruptions without external cause are excluded from the liability of the Contractor.

Moving, packing, transport, handyman service, assemble and dissemble of furniture.

27 If an item has an above-average value or disproportionate value, this must be reported in writing before the start of the relocation. Example: precious works of art, (precious) design furniture pieces or goods with high emotional value. If the Client fails to do so, the Client shall deprive the Contractor of the possibility to take the correct precautionary measures. As a result, the transport of items such as with a value as described above will automatically take place at the risk of the Client. The Contractor does not accept any liability for the items described above if it has not been informed before the start of the removal

28 The contents of a removal box must be packed in such a way that loose items can not damage each other. Drawers and / or doors must also be secured. Where necessary, fragile parts must be adequately protected. The Contractor offers a range of packaging materials for this.

29 The Client must be present during the entire move to ensure the safety of the goods. Items of extreme value ( All valuables such as jewellery, money, etc.) must remain in the possession of the Client at all times.

30 At wind speeds of more than 40 km / h or other weather conditions that make the relocation dangerous, the Contractor reserves the right to move relocations to a different date and/or time.

31 All boxes must be properly closed, doors of cabinets must be locked and loose shelves must be removed from the cabinets to limit damage during transport (except Full-Service moving).

32 Dismantling and assembly of furniture must be notified by the Client in advance and will take place at the Client’s own risk at all times.

33 Outside of Amsterdam a return is counted. If your start and / or end address is outside Amsterdam, the move will start and / or end from the departure and / or return of the entire relocation team. Within Amsterdam, a maximum of 15 minutes driving time will be charged.

34 Contents and / or furniture items older than 10 years are beyond the liability of the Contractor. The integrity and sturdiness of household goods can not be guaranteed if they are older than 10 years. Or if the depreciation period has passed.

35The Contractor assumes that the Client has the tools for any (dis) assembly(in case if Client has not informed Contractor that such tools are necessary). If this is not the case, the Contractor can rent professional tools for € 15, – (ex VAT) If this is not on the spot (for the purpose of another move), waiting times of the existing staff and / or rented equipment are at the expense of the Client.

36 Small items (such as, for example, lusters, stand lamps, pots, etc.) must be packed, transported in closed boxes in advance (except for Full-Service moving). If this is not the case, movers may refuse to move these items or the transport therefor will always take place at the Client’s own risk.

37 The moving of items heavier than 100 kg is at all times at the risk of the Client. The relocation of such heavy household goods/ freight must be reported in writing to the Contractor prior to the commencement of the relocation. The movers are at all times entitled to refuse these items. The moving of such items must take place with at least 4 movers.

38 Moving of items heavier than 500 kg, or if total amount off all goods exceeds 500 kg, coordinator of moving will split weight in between 2 vans. One van provides service up to 500 kg for relocation services national or international.

39 Electronic devices must be packaged in original boxes. If this is not the case, the movers may refuse to relocate them or the transport is at all times at Clients own risk.

40 Mattresses (as well as the entire contents, except for Full-Service moving) must be packed in advance if they are not allowed to be dirty. If this is not the case, the transport will be at Client risk at all times.

41 If, due to unforeseen circumstances, the rope system, lift or any other material can not be placed or other services can not be carried out, another lift and / or more manpower and / or material can be called with the accompanying extra costs. Waiting times for the already existing movers and equipment are also taken into account.

42 Any delay can occur as a result of a (previous) relocation, traffic congestion, bad weather conditions and incorrectly specified information (of the previous / current / next Client) do not constitute grounds for complaint or compensation. The aforementioned causes also form a logical extension of the given starting time.

43 We move via the stairs if there is no other possibility. the Contractor is in all cases exempt from all liability for damage to stairwells and household goods.

44 No more than 10 % fragile materials may be transported per car.

45 The movers always reserve the right to take a break during the move. This break will not be charged.

46 The Contractor reserves the right at all times to transport potting earth / plants, or items of which the movers can not guarantee safe transport and refuse animals, or the transport thereof is at the risk of the Client. This also applies to items which are hygienically irresponsible for the Contractor and its employees.

Payment details  and info

47 The Client, or the indicated contact person, must have sufficient payment options to handle it(till 100 € cash) to pay the total fee of the move, to send / instruct the movers where necessary and bears full responsibility.

48 Payment must be made in cash or by debit card immediately after the removal, unless otherwise agreed in advance.

49 Individuals can not pay by invoice.

50 Companies can pay by invoice in accordance with the Contractor, whereby the Contractor receives a Chamber of Commerce certificate and a copy of the ID of the Client or authorised representative prior to the move.

51 For each move, a removal fee of 1 hour is paid by one mover. With two movers at least 1.5 hours and with 3 movers at least 3 hours etc.

52 Sufficient manpower must be ordered or present at a move, including at least one professional mover.

53 Heavy objects such as washing machines must be professionally moved with enough manpower(2 movers).

54 The Contractor reserves the right to use extra help if there is a shortage of manpower and / or materials present. The costs arising from this are at all times for the account of the Client.

55 If it turns out to be necessary to initiate legal proceedings for the collection of the debt collection for collection, all costs associated with legal proceedings (such as bailiff’s costs, court fees, lawyer’s fees and all additional and related costs) will be charged from the Client.

56 The taking of legal measures will not take place until after the debtor has been summoned by the collection agency in writing at least once, unless special circumstances make it necessary to take legal measures.

57 The client may under no circumstances make a set-off. Invoice must be settled at all times, regardless of whether damage has occurred. Any damage must be dealt with afterwards.

58 We reserve the right to increase the price of working hours by 50 % before 8:00 am and on the weekend before 10 am, after 8 pm on public holidays and after 12 working hours.

59 If the Client does not pay within the set payment term, BearStorm Moving Service will hand over the claim to incasso office. All costs resulting from this will be paid by the Client and are as follows:

  • Up to € 2,500.00  extra 15% from amount             From € 2,500.00  extra 10%  from amount.

60 If the Client does not pay within the set payment term, the Contractor is free to charge a penalty percentage. These additional costs are fixed. Penalty percentages will be charged after the expiry of the payment term: 0-1 weeks: reminder + warning; 1-2 weeks: reminder + warning; 2-6 weeks: 10%; 6-8 weeks: 15%; 8+ weeks: after 8 weeks, the percentage of penalties is increased by 5% every two weeks.

 61 Negligence interests and court costs will be recovered from Client on refusal of payment.

62 If the Client decides to cancel the removal, this must be reported in writing at least 48 hours in advance and confirmed by telephone, otherwise € 50.00 will be charged.

63 If the Client wishes to move the removal 48 hours before the start, there will be a administration allowance of € 25 charged.

Parking, access of workspace 

64 The Client must ensure sufficient parking space for the removal vans, trucks,, lifts and trailers. If you have reserved sufficient parking space, it remains the responsibility of the Client to pay sufficient parking fees. The responsibility for applying for an exemption lies with the Client unless it has to be requested by the Contractor at the Client’s explicit request. If no exemption has been requested, any resulting costs will be calculated in costs for Client.

65 The Client is responsible for the access to the removal job (move).

66 The Client is responsible for a free passage for the entire contents that needs to be moved. This applies to all addresses that the Contractor makes on behalf of the Client.

67 Address changes can only be reported to the Contractor via the application form or in writing prior to the commencement of the relocation. The price and time indication as provided and accepted is no longer valid if the Contractor does not contact known addresses on behalf of the Client. The Client hereby accepts all  financial consequences(Extra costs).

68 Pedestrian crossings, including overflow, must be fully vacated before the start of the move.

69 For the use of the moving elevator, window frames must be made free and windows must be fully open.

70 The Contractor can assemble  or dismantle the windows for you, where necessary. This must be reported in writing to the Contractor prior to the commencement of the removal. The dismantling of windows and / or doors shall at all times take place at the Client’s own risk.

71 The Contractor is authorised to refuse an assignment, possibly without giving reasons.

Insurance 

72 The contents of the Client must be packaged in a insurance-worth manner, consult adviser. (except for Full-Service moving)

73 Rope system is always at your own risk. All damage as a result of hoisting is entirely at the expense of the Client.

74 In the event of damage to an insured item, arising from a guaranteed risk, the compensation payable by the insurers will not exceed the repair or restoration costs of the damaged objects, as provided for in the expert report. As a result, any depreciation that the goods would have after repairs or restoration is excluded from the insurance.

75In the event that the items insured by this policy constitute a pair or a series insured for their total value, the value of each object will be calculated by dividing the total value by the number of items constituting the pair or series.

76 In case of damage, the Client must specify this damage in the presence of the movers and have this confirmed in writing, this must then be confirmed with a legal validity signature. The liability expires after the removal of the movers.

77 The contents placed in the moving van will be unloaded or lifted by someone other than an employee of the Contractor is not insured. The same applies to household goods which is not placed or removed by an employee of the Contractor on the moving lift.

78 The Contractor can not be held liable for the loss or theft of goods of the Client.

79 If damage occurs during the relocation, you must notify the Contractor in writing. This notification must be received by the Contractor no later than 3 days after the removal. This term has been set in connection with the number of removals that the employees of the Contractor perform, after 3 days it is difficult to recall specific details. This written claim notification is separate from damage detection during the move. If the damage report is received by the Contractor after the earlier stated period, you must be able to prove that you could not meet this earlier due to force majeure.

80 If the Client does not complain about his / her damage / complaint within the set period, all his / her rights and claims for whatever reason shall lapse in respect of what he / she has complained about or could have complained about within that period.

81 Rust, oxidation and water damage due to weather conditions or other external causes are not covered by the Contractor’s liability.

82 We always work with 2 skilled movers. If at the explicit request of the Client only one skilled removal mover is present on a removal, any damage suffered by our man or third parties will not be covered by the liability of the Contractor.

83 Exemption for damage amounts to € 450, – and is always at the expense of the Client.

Goods not insurance-worth  packed: If all goods ARE NOT wrapt in bubblewrap, in paper, boxes paper etc. for safe transport by mover standarts.

When ordering our moving service, you automatically agree with our General Terms and Conditions as mentioned above.