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Article 1: General

Client: the party that gives Flexverhuizen an assignment.
Contractor: also user of these general terms and conditions
Assignment: the services that the contractor performs in the context of an assignment agreement, which is concluded between the contractor and the client.

Article 2: Applicability

These general terms and conditions alone, i.e. to the exclusion of any other general terms and conditions, apply in full to all legal relationships between the contractor and the client, except insofar as these terms and conditions have been explicitly deviated from in writing.

Article 3: Conclusion of the agreement

3.1 Every offer from the contractor is without obligation and can be withdrawn at any time, even immediately after acceptance by the client.

The contractor can only commence the performance of an assignment agreement after the written order confirmation, including the declaration of applicability of the general terms and conditions of the contractor, has been signed for approval (possibly digitally) by the client and this acceptance has been received by the contractor.

If the parties have agreed on an advance payment, the performance of the agreement by the contractor will also only take place after receipt of the agreed advance amount.

3.2 In a quotation, the standard hourly rate, or any unit price whatsoever, is always stated excluding levies, permits and/or taxes imposed by the government, and excluding other costs.
3.3 The conclusion of a contract for services may also be apparent from other facts and circumstances, for example from the commencement of work by the contractor for the client.
3.4 Interim changes in the assignment, proposed by the client, can only be accepted by the contractor if full agreement has been reached between the client and the contractor.

This complete agreement can only be evidenced by a written agreement (mail) signed by both parties.

Article 4: Contract duration

4.1 The agreement between the contractor and the client is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or if the parties have expressly agreed otherwise in writing.
4.2 If a period has been agreed for the performance of certain activities within which the assignment is performed, this can never be regarded as a strict deadline for the contractor, unless that period has been expressly designated in writing as a strict deadline.

Article 5: Execution of the assignment

5.1 The Contractor has the right to have certain work performed by third parties.

Application of Articles 7: 404, 7: 407 paragraph 2 and 7:409 of the Dutch Civil Code is hereby excluded.

5.2 The client is obliged to provide all data, documents and/or any materials whatsoever, which the contractor deems necessary for the correct execution of the assignment, to the contractor in a timely manner in the form desired by the contractor and in the manner desired by the contractor. to be made available.
5.3 The Client guarantees the correctness, completeness, reliability and suitability of the material made available to the Contractor for the performance of its assignment or of the information provided to the Contractor.

Article 6: Confidentiality

6.1 If the client informs the contractor in writing that the contractor must observe confidentiality regarding the assignment vis-à-vis third parties, the contractor is obliged to do so, except in the event that, in the opinion of the contractor, it is necessary for the proper fulfillment of the assignment to consult with third parties, for example with any third parties who actually carry out the assignment.

In that case, the contractor is obliged to request prior permission from the client

6.2 In the event that third parties have been engaged by the contractor to carry out (part of) the assignment, the contractor will impose the same confidentiality obligation on them as to which the contractor itself may be bound towards the client.

Article 7: Termination of assignment agreement

7.1 The assignment agreement can be terminated prematurely by both parties by giving notice with due observance of a notice period of 1 month. Cancellation must be made by the first of a month.
7.2 In the event that an assignment agreement is terminated by cancellation, the client is obliged towards the contractor to pay the fee owed to the contractor up to the moment of cancellation within 14 working days after the invoice date.
7.3 In the event of liquidation arising on the part of the client and/or (application for) suspension of payment or bankruptcy, attachment if and insofar as the attachment has not been lifted within 3 months, debt restructuring, any circumstance in which the assets can no longer be freely disposed of , or any similar circumstance whatsoever, the contractor is free to terminate the assignment agreement with immediate effect, without any obligation on its part to pay any compensation or compensation.

In that case, the contractor's claims against the client are immediately due and payable.

7.4 In case of cancellation within seven days before the moving date, cancellation costs will be charged.

Article 8: Payment and collection

8.1 Payment must be made in cash immediately at the end of the assignment, unless agreed otherwise.

Flexverhuizen reserves the right to charge 10% on the total invoice if the client refuses to pay after the move has been completed.

8.2 If it has been agreed in advance in writing that payment by the client may also be made by invoice, this must be done within 5 days of the invoice date, in the manner indicated on the invoice.
8.3 If payment takes place later than the payment term stated in the previous paragraph of this article, the client will be in default by operation of law.
8.4 If the client is in default towards the contractor in any fulfillment of its obligations, all reasonably incurred extrajudicial collection costs will be borne by the client.

Any judicial and execution costs incurred will also be recovered from the client.

8.5 In addition, the client owes the statutory interest on all that the contractor has to claim from the client during the period from the date on which the default commenced until the moment at which full payment of the amount due has been made.

Article 9: Liability

9.1 The client undertakes to organize the circumstances at and around the location, including parking, transport space, permits and exemptions for the removal vans, removal lifts and personnel in such a way and to package the goods to be transported in such a way that the contractor is able to perform the assignment indemnified and within acceptable circumstances, unless agreed otherwise in writing.
9.2 The client must apply for permits and exemptions for the assignment from the municipality (this can be done via the digital counter and must usually be requested 10 days in advance).

If this is not the case, the contractor may refuse the assignment or the assignment will be at the risk of the client.

The contractor is never liable for consequential damage as a result and costs due to the negligence of the client will be charged

be the account of the client and must be paid immediately from the date on which the costs and damages have arisen.

9.3 The contractor is not liable for any damage towards the client if this damage has arisen as a result of the provision by the client of incorrect information and/or faulty materials.
9.4 The contractor does not accept any liability towards anyone other than the client and is indemnified by the client against the financial consequences of any such claims from third parties.
9.5 The contractor is never liable for consequential damage, lost profit, missed savings and any damage whatsoever due to business interruption of the client.
9.6 Compensation can never exceed the amount of the final amount/total amount of the move. The deductible is 150 euros with a maximum damage amount of 500 euros. The deductible is 250 euros for a claim amount of more than 500 euros.
9.7 The client's household effects must be packaged in a transport-worthy manner by the client himself, unless otherwise agreed in advance in the assignment (the contents of, for example, a moving box must be packed in such a way that individual items cannot damage each other). Small objects must be packed in closed boxes in advance (unless agreed otherwise in advance in the order).
9.8 We only work with professional movers. If employees other than those of the contractor help with the execution of the assignment, then any damage suffered caused by our employees or third parties present is not covered by the liability of the contractor. The contents that are placed in the truck by someone other than the moving staff are not insured.
9.9 Some delays may occur due to delays in a move, traffic jams, bad weather conditions, incorrectly parked vehicles (even if the traffic signs have been requested by the company). The contractor is not liable for this and the costs for the waiting time are always at the expense of the client.
9.10 In the event of damage, the client must specify this damage in the presence of the movers and record this in writing. The liability lapses after the departure of the movers and if this has not been established in writing.
9.11 Customer may under no circumstances set off debts. The invoice must be settled at all times regardless of damage. Damage must be settled afterwards.
9.12 Damage to plants, aquariums, animals, staircases remains excluded from the liability of the contractor (unless agreed otherwise in the assignment).
9.13 In the event of damage, the client must always send the original receipt. If the original receipt is not available, the client must request a proof of value from the supplier.
9.14 When hoisting it is necessary that we can reach the hoisting beam, this is your responsibility. Hoisting is also always at your own risk. All damages resulting from hoisting are entirely for the account of the client. The client is responsible for the access of the moving hook as well as a free passage for the entire household effects to be moved. When using removal lifts, your household effects are insured.
9.15 The Contractor reserves the right to terminate the agreement without any compensation being payable, in the event of force majeure, strike, lock-out, fire, war, mobilization, flood and other natural disasters, or any cause of delay beyond the control of the moving company.

Article 10: Prohibition of taking over personnel

During the period in which the contractor performs work for the client and during a period of 12 months after the end thereof, the client is prohibited from employing one or more employees of the contractor or otherwise making use of their services, under penalty of payment to the contractor of a fee of ? 5000 without prejudice to the contractor's right to claim performance.

Article 11: Applicable rights forum choice

11.1 All agreements to which these general terms and conditions apply are governed exclusively by Dutch law.
11.2 Both the client and the contractor will make every effort to reach an agreement before appealing to the courts.