Terms & conditions
introduction
ARTICLE 1 – APPLICABILITY
ARTICLE 2 – STANDARD CONDITIONS
- Removals other than company removals within the Netherlands:
The 2006 General Terms and Conditions for Removals [Algemene Voorwaarden Verhuizingen 2006] (AVVV 2006). These General Terms and Conditions of the Dutch Association of Movers [Organisatie Erkende Verhuizers] (OEV) were drawn up in consultation with the Dutch Consumers’ Association in the framework of the Coordination Group [Coördinatiegroep Zelfreguleringoverleg] (CZ) of the Dutch Social and Economic Council [Sociaal Economische Raad] and entered into effect on 1 April 2006. - Company removals within the Netherlands and international company removals by road:
The 2009 General Terms and Conditions for Company Removals [De Algemene Voorwaarden voor Bedrijfsverhuizingen] (AVB 2009), in accordance with the provisions of Article 3 of these Terms and Conditions. - All (other) international removals:
The 2009 General Terms and Conditions for International Removals [Algemene Voorwaarden voor Internationale Verhuizingen] (AVVIV 2009). - Storage of removal goods and/or household effects and/or personal belongings and/or parts thereof within the Netherlands:The 2006 General Terms and Conditions for the Custody of Removal Goods [Algemene Voorwaarden Bewaarneming Verhuisgoederen] (AVBV 2006). These General Terms and Conditions of the Dutch Association of Movers (OEV) were drawn up in consultation with the Dutch Consumers’ Association in the framework of the Coordination Group of the Dutch Social and Economic Council and entered into effect on 1 April 2006.
- Storage of goods (other than removal goods), household effects or personal belongings within the Netherlands:The Dutch Warehousing Terms and Conditions, filed by FENEX (the Netherlands Association for Forwarding and Logistics) with the Registries of the District Courts of Amsterdam, Arnhem, Breda and Rotterdam on 1 July 2004, or the version filed most recently after that date.
- All carriage of goods (other than removal goods), household effects and/or personal belongings by road or otherwise within the Netherlands:The 2002 General Conditions of Transport [Algemene Vervoercondities 2002] (AVC), filed with the Registries of the District Courts of Amsterdam and Rotterdam, or the version filed most recently after that date.
- All International carriage by road of goods (other than removal goods), household effects and/or personal belongings:The Convention on the Contract for the International Carriage of Goods by Road (CMR), done at Geneva on 19 May 1956.
- A contract of carriage, in other words acting as a forwarding agent as provided for in Article 60 of Book 8 of the Dutch Civil Code and all other work including that which is not part of the specific forwarding work and, in addition, in respect of subjects insofar as they are not provided for in the aforementioned Terms and Conditions or in the Articles cited below:The General Terms and Conditions of the Netherlands Association for Forwarding and Logistics (FENEX Terms and Conditions), filed with the Registries of the District Courts of Amsterdam, Arnhem, Breda and Rotterdam on 1 July 2004, or the version filed most recently after that date.
The General Terms and Conditions cited in this Article and in Article 8 of the aforementioned Terms and Conditions are available from the removal company upon request. In all cases where it is unclear which of the terms and conditions apply, the Remover reserves the right to take a binding decision on behalf of all parties involved.
ARTICLE 3 – CARRIAGE OTHER THAN BY ROAD AND TRANSPORT OUTSIDE EUROPE
ARTICLE 4 – CMR WAYBILL
Article 5 - EXCLUSION OF LIABILITY
- Where the goods are stored or warehoused outside the Netherlands, the Remover shall at no time be liable for damage and/or loss and/or delay and/or costs and/or other losses, regardless of whenever, however or wherever they are sustained.
- In the event that the Remover takes over the carriage of the goods or removal goods and/or takes over the goods or removal goods from another remover and/or in the event that removal and/or carriage is agreed with the Remover for only part of a route, the Remover shall at no time be liable, without prejudice to the provisions of Article 3 of these Terms and Conditions, for any damage to and/or loss of goods, unless the consignor can prove that the damage to and/or loss of goods occurred during the period in which those goods were in the custody of the Remover, in which case the provisions of Articles 2 and 3 of these Terms and Conditions shall apply.
- The Remover shall at no time be liable for consequential damage.
Article 6 - PACKING
article 7 - INSURANCE
article 8 - PAYMENT, COMPENSATION, PLEDGE, RETENTION
article 9 - JURISDICTION AND APPLICABLE LAW
article 10 - PRESCRIPTION
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