DEFINITIONS
In these terms and conditions, the following terms, always capitalised, are used in the following sense. Kingsize Movers: the user of these terms and conditions, located at Prinses Beatrixstraat 28, 2983TR Ridderkerk, Rotterdam, registered in the Trade Register under Chamber of Commerce, number 92924743. Client: any natural or legal person with whom Kingsize Movers has concluded or intends to conclude a Contract. Consumer: a Client, natural person, not acting in the exercise of a profession or business. Parties: Kingsize Movers and the Client jointly. Contract: any contract between the Parties under which Kingsize Movers undertakes to the Client to provide Services. Services/Service Provision: the services which Kingsize Movers undertakes to provide to the Client under the Contract, which may include, but are not limited to, the carrying out of removals or assistance in doing so, the provision of other types of transport, the carrying out of clearances, cleaning services, furniture assembly, packing of goods, the rental of removal boxes and the temporary storage of goods. In Writing: communication in writing, communication by e-mail or any other means of communication which, in view of the state of the art and generally accepted views, can be equated with this.
GENERAL PROVISIONS
These terms and conditions shall apply to every offer made by Kingsize Movers, every Contract entered into and all legal relationships arising therefrom between the Parties. These general terms and conditions shall also apply to Contracts for the performance of which Kingsize Movers engages third parties. The applicability of any general terms and conditions of the Client, by whatever name, is explicitly rejected. The provisions of these terms and conditions may only be deviated from expressly and in Writing, for example by means of the offer accepted by the Client from Kingsize Movers or an exchange of emails between the Parties. If and insofar as what the Parties have expressly agreed in Writing deviates from the provisions of these terms and conditions, what the Parties have expressly agreed in Writing shall prevail. Cancellation or nullity of one or more provisions of these general terms and conditions or the Agreement as such shall not affect the validity of the remaining provisions. In such a case, the Parties are obliged to enter into mutual consultation in order to reach a replacement arrangement in respect of the affected clause. In doing so, the purpose and purport of the original stipulation will be observed as much as possible.
OFFER AND REALISATION OF THE AGREEMENT
Any oral or written offer by Kingsize Movers is free of obligation, even if it states a deadline for acceptance. Kingsize Movers may revoke its offer without delay, or at least as soon as possible after acceptance by the Client. The Client cannot derive any rights from an offer by Kingsize Movers that contains an obvious error or mistake. Without prejudice to the provisions of paragraph 1, each Contract is concluded at the moment that Kingsize Movers’ offer is accepted by the Client, in the manner designated by Kingsize Movers, if any. If the Customer’s acceptance differs from Kingsize Movers’ offer, the Contract shall not be concluded in accordance with such differing acceptance, unless Kingsize Movers indicates otherwise. If Kingsize Movers provides the Client, following an orally concluded Contract, with a Written confirmation, such confirmation shall be deemed to accurately and fully reflect the Contract, unless the Client has complained to Kingsize Movers in Writing about the matter within two working days of receiving such confirmation. If the Client enters into the Contract in the name of another natural or legal person, by entering into the Contract it declares that it is authorised to do so. In addition to this (legal) person, the Client is jointly and severally liable for compliance with the obligations under that Contract.
THIRD PARTIES
Kingsize Movers is entitled to delegate all or part of the performance of the Services to third parties and thus involve third parties in the performance of the Contract. These terms and conditions are also stipulated on behalf of any third parties engaged by Kingsize Movers in the performance of the Contract. Consequently, insofar as the right to performance of the clauses cannot by their nature or purport be exclusively reserved to Kingsize Movers, such third parties may invoke the provisions of these general terms and conditions against the Client, as if they were parties to the Contract instead of Kingsize Movers.
OBLIGATIONS OF THE CUSTOMER IN GENERAL
The Client shall provide Kingsize Movers with all information which is reasonably relevant to the design and performance of the Contract, in good time, in full and in any manner designated by Kingsize Movers for this purpose. The Client guarantees the accuracy of all information supplied by it to Kingsize Movers. Kingsize Movers shall never be liable for any damage arising as a result of any incorrect or incomplete information provided by the Client. Furthermore, the Client shall at all times provide Kingsize Movers with all cooperation required for the performance of the Contract. The Client shall take all reasonable measures to optimise the performance of the Contract. The Client is furthermore required to inform Kingsize Movers as soon as possible of all facts and circumstances which may or may not come to light after the Contract has been concluded and of which it is reasonably known that such facts or circumstances affect the timely and/or proper performance of the Contract.
OBLIGATIONS OF THE CUSTOMER IN CASE OF ON-SITE SERVICE
If and insofar as the Services are performed on the premises of the Customer or another location designated by the Customer and agreed between the Parties, the Customer shall ensure that the area(s) of performance are accessible. If the performance of the Services on location requires the use of a lift or stairs, the Client must notify Kingsize Movers of their presence prior to the conclusion of the Contract. The Client guarantees that the persons employed by Kingsize Movers have access to a parking space and that any necessary permits and exemptions for removal vans and removal lifts have been applied for in good time. If the Client fails to comply with its obligations under the Contract, including as set out in the previous paragraphs of this article and the previous article, Kingsize Movers, without prejudice to the provisions of Article 15, shall be entitled to pass on to the Client any additional costs and loss suffered as a result.
CANCELLATION OF THE AGREEMENT BY THE CUSTOMER
If the Customer cancels the Agreement after its conclusion, the following cancellation policy shall apply: In the event of cancellation up to the 30th day (exclusive) before the start of the Services, the Customer shall owe 15% of the agreed total price. In the event of cancellation between the 30th day (inclusive) and the 14th day (exclusive) before the start of Provision of Services, the Customer shall owe 50% of the agreed total price. In the event of cancellation between the 14th day (inclusive) and the 7th day (exclusive) before the start of the Services, the Customer shall owe 75% of the agreed total price. In the event of subsequent cancellation or in the event that Kingsize Movers is unable to provide the Services for any other reason attributable to the Customer, the Customer shall remain liable for the full agreed total price. If and to the extent that the agreed total price would be determined on a post-calculation basis, such as in the case of an hourly rate, the time spent by Kingsize Movers as expected shall be taken as the basis for determining the total price and cancellation charges referred to above. A reasonable estimate by Kingsize Movers of the said time spent shall be binding on the Client.
SPECIAL PROVISIONS FOR EVICTIONS
Where it is expressly agreed in Writing that the Contract provides for the eviction of a room, Kingsize Movers undertakes to empty the room by removing any moveable goods present therein. Such goods shall be destroyed by Kingsize Movers unless it is expressly agreed in Writing that the goods shall be transported to another location, in which case the provisions of next article shall apply.
SPECIAL PROVISIONS FOR THE REMOVAL OF GOODS
The provisions of this article apply to the Agreement for the transport of goods, which is defined as: the contract of carriage of goods under which Kingsize Movers undertakes vis-à-vis the Client to transport goods either exclusively in a building or dwelling, or exclusively in a building or dwelling and partly by road, or exclusively by road. Goods within the meaning of this article are understood to mean items located in a covered space which are intended for the upholstery, furnishing or decoration of that space and have already been used as such, with the exception of those items which, in accordance with commercial practice, are not part of the usual contents of that space. If in connection with the removal the goods are also stored, the provisions of Article 11 shall apply to the storage. If stairs or a lift have to be used, the Customer shall ensure that these are spacious enough and free of obstacles to be able to bring the goods, including any packaging, up or down. The goods must fit through the doors of the premises in any packaging. The Customer guarantees that all access routes as well as the area where the goods are to be placed are free of obstacles. Only if and insofar as it has been expressly agreed in writing that Kingsize Movers shall also provide these Services (assembly service/handyman), shall Kingsize Movers be obliged to pack or disassemble the goods which, in view of their nature or the manner of transport, should be packed or disassembled and unpack or assemble them at their destination. If and insofar as these Services (assembly service/handyman) have not been agreed, the Customer is himself obliged to take care of packing, disassembling, unpacking and assembling the goods. Kingsize Movers is obliged to deliver the goods to their destination in the condition in which they were made available to it for packing or disassembly under the previous paragraph. Kingsize Movers is obliged to complete a move that has been started without any delay. If Kingsize Movers fails to comply with the provisions of paragraphs 6 or 7, it shall nevertheless not be liable for any loss arising therefrom, insofar as such failure was caused by a circumstance which a diligent remover could not have avoided and insofar as such a remover could not have prevented the consequences thereof. Furthermore, Kingsize Movers shall not be liable for any loss arising as a result of the special risks associated with one or more of the following circumstances: the packing or dismantling, or the unpacking or reassembly of goods by the Client or with the assistance of any person or any means made available by the Client for that purpose of his own volition; the choice by the Customer for a way of packing the goods or way of executing the Agreement that differs from what is customary; the helping with the removal by the owner of the goods, his relatives, friends or third parties who have been asked by him to help with the removal; the presence among the goods to be transported of goods for which, had Kingsize Movers been aware of their presence and their nature, special measures would have been taken; the nature or condition of the goods themselves, which by causes connected with such nature or condition are themselves exposed to total or partial loss or to damage, such as leakage, emptying or melting of other goods forming part of the household effects, the dying of plants, the breakdown or damage of antique goods the loss of bank papers, monetary instruments, precious metals, coins and medals, precious stones, pearls, documents and collections, unless the Customer has handed these items over to Kingsize Movers separately and in writing before the start of the removal, stating their quantity and value; electrical, electronic and mechanical equipment failing to function or malfunctioning. Where Kingsize Movers proves that the failure to comply with its obligation under the previous paragraph could have been a consequence of one or more of the special risks referred to in the previous paragraph, it shall be presumed, subject to evidence to the contrary from the Client, that the failure to comply resulted therefrom. Insofar as the Client fails to show up, refuses to receive goods or does not take delivery of these with the required speed, or insofar as goods are attached, Kingsize Movers is entitled to store these goods at the expense and risk of the entitled party in a suitable storage facility. Without prejudice to the provisions of this article, Kingsize Movers shall not be liable for any loss other than that caused by the failure to comply with its obligations as referred to in paragraphs 6 and 7. If any damage is found upon delivery of the goods, the Client must report this to Kingsize Movers at the time of delivery. If at the time of delivery there is no opportunity to observe any damage to the goods, the Client must declare this in Writing beforehand or at the latest at the time of delivery. In such cases, the Client must report any damage to Kingsize Movers In Writing within two working days of being able to check the delivered goods for damage. The foregoing applies on the understanding that if Kingsize Movers is not notified In Writing of any damage within seven days of delivery, it shall be deemed that delivery has taken place without damage to the goods. If the Customer fails to make any complaint in time and in accordance with the foregoing, no obligation or liability shall arise for Kingsize Movers from such complaint. To the extent that Kingsize Movers is liable for failing to comply with its obligations under paragraphs 6 or 7, the Customer shall have no right other than to claim, at its option, payment of a reasonable sum for the repair of the damaged goods, or payment for the reduction in value of the damaged goods. To the extent that Kingsize Movers is liable for any failure to comply with its obligations under paragraphs 6 or 7, it shall not be liable in excess of an amount of €100,000 per household. €23 of the damage suffered shall remain at the risk of the Client.
SPECIAL PROVISIONS FOR OTHER TRANSPORT
This article, without prejudice to the provisions of the rest of these Terms and Conditions, applies exclusively to the carriage of goods by road by or on behalf of Kingsize Movers, other than the removal of goods as referred to in the previous article. Where the Contract relates to the international carriage of goods by road, in addition to these general terms and conditions, the CMR Convention (Convention on the Contract for the International Carriage of Goods by Road (Geneva 1956)) shall apply. If and insofar as, in international carriage, the provisions of these general terms and conditions differ from the provisions of the CMR Convention, the provisions of the CMR Convention shall prevail. Kingsize Movers is obliged to deliver goods received for transport to their destination in the condition in which they were received. Kingsize Movers is obliged to deliver goods received for carriage within a reasonable period; if a delivery period has been agreed in Writing, delivery shall be made within such period. Kingsize Movers shall, unless there is force majeure, be liable for damage to or loss of the goods and for damage caused by delay to the extent that Kingsize Movers has failed to comply with the obligations set out in paragraphs 3 or 4. If Kingsize Movers failed to comply with its obligation under paragraph 3 or 4, it shall nonetheless not be liable for any loss or damage caused thereby, to the extent that such failure is the result of the special risks associated with one or more of the following circumstances: carriage of the goods in an uncovered vehicle, where this has been expressly agreed and entered on the consignment note; lack or inadequacy of packing of the goods which, having regard to their nature or the mode of carriage, should have been sufficiently packed; handling, loading, stowage or unloading of the goods by the consignor, the consignee or persons acting on behalf of the consignor or the consignee; the nature of certain goods themselves which, owing to causes connected with this nature itself, have been subject to total or partial loss or to damage, in particular through ignition, explosion, melting, breakage, corrosion, rotting, desiccation, leakage, normal deterioration or the action of vermin or rodents; heat, cold, temperature variations or humidity of the air, but only if it has not been agreed that the carriage would be performed by means of a vehicle especially equipped to protect the goods from the effects of such conditions; incompleteness or inadequacy of the address, numbers, letters or marks on the packages; the fact that the carriage concerns a live animal. If the goods are delivered with externally visible damage or loss without the consignee having notified Kingsize Movers of a Reservation in Writing, specifying the general nature of the damage or loss, on or immediately after taking delivery of the goods, it shall be deemed that the goods have been delivered in the same condition in which Kingsize Movers received them. If the damage or loss is not externally noticeable and the consignee has not notified Kingsize Movers of a Reservation in Writing indicating the general nature of the damage or loss within 48 hours of taking delivery of the goods, the goods shall be deemed to have been delivered in the same condition in which Kingsize Movers received them. If the goods are not delivered within the agreed period, or in the absence of an agreed period, a reasonable period without the consignee having notified Kingsize Movers within 48 hours of the expiry of the delivery period in Writing of a Reservation indicating the general nature of the damage or loss, the goods shall be deemed to have been delivered on time. The consignor may claim compensation from Kingsize Movers for the loss of the goods up to an amount of €100,000 per consignment. The compensation referred to in the previous sentence is limited to the amount of the actual loss. Kingsize Movers may limit its liability for loss of or damage to the goods by a maximum amount of €3.40 per kilogram of gross weight of the consignment, with a maximum of €50,000 per consignment.
STORAGE OF GOODS
This article, without prejudice to the provisions of the rest of these terms and conditions, applies exclusively to the storage of goods by or on behalf of Kingsize Movers. Kingsize Movers undertakes to keep and return goods, and is obliged to return the goods in the condition in which it received them. In keeping them, Kingsize Movers must exercise the care of a good custodian. In the event of a failure to comply with the provisions of the previous paragraph, Kingsize Movers shall be liable for any loss caused thereby, unless the failure was caused by a circumstance that a diligent custodian could not have avoided and insofar as such custodian could not have prevented the consequences thereof. Kingsize Movers, provided it has fulfilled its duty of care and subject to evidence to the contrary from the Customer, shall not be liable for damage resulting from special risks associated with one or more of the following circumstances: damage to or loss of the goods taken into custody if the damage or loss arises from such goods’ own defect or deterioration; damage to goods which have not been packed, wrapped or unpacked by Kingsize Movers, by its staff or by third parties engaged by it for storage and which is not due to the actions of Kingsize Movers, its staff or such third parties; damage caused by the leaking of liquid substances from lamps, bottles, vessels and suchlike; damage to electrical, electronic and mechanical equipment, clocks, barometers to the extent that the damage is exclusively related to the nature or condition of the item in question; expiry of the foil of mirrors or damage to them; damage to the goods such as by moth, woodworm or rust, provided that any care measures expressly agreed in Writing have been carried out; damage resulting from the nature of the goods themselves taken into custody, such as, for example, freshly polished or painted furniture, plaster coming loose from painted or gilded mirror or picture frames, glue coming loose from pieces of furniture, atmospheric action on pastel drawings, piano detuning, deterioration in the quality of information carriers such as audio and video tapes and the like, provided that any care measures expressly agreed upon in Writing have been carried out; damage resulting from the loss of keys to furniture, unless they were handed over to Kingsize Movers, its personnel or third parties engaged by it for storage and this is evidenced by the inventory list; damage as a result of the loss of items such as bank papers, coins and tokens, monetary instruments, precious metals, precious stones, jewellery, documents and collections if it does not appear from the inventory list or other document signed by the Customer and Kingsize Movers that these items have actually been deposited. Where Kingsize Movers proves that, having regard to the circumstances of the case, its failure to comply with its obligation under paragraph 2 could have been a consequence of one or more of the special risks referred to in paragraph 4 above, it shall be presumed that the failure to comply resulted therefrom, without prejudice to the Customer’s right to provide evidence to the contrary. Kingsize Movers is insured against its liability risks under the law and these terms and conditions. In order to be insured against risks for which Kingsize Movers is not liable, the Client should take out temporary storage insurance for goods for the duration of the Contract, or transfer its own household insurance policy to the address of the storage place during storage. To the extent that Kingsize Movers is liable for failing to comply with its obligation as referred to in paragraph 2, the Client shall be entitled to compensation composed as follows: for total loss or disappearance: a compensation equal to the value the good in question would have had at the time and place where it should have been delivered, plus any costs directly related to the damage; for partial loss or damage: compensation consisting of, at the Customer’s discretion: a reasonable sum to repair the damaged property; a sum equal to the value that the good would have had at the time and place at which it should have been delivered, less the residual value of the good on its return, as well as any savings on the part of the Customer. If any damage is detected upon return of the goods, the Customer must report it to Kingsize Movers upon return. If at the time of return there is no opportunity to observe any damage to the goods, the Client must declare this in Writing beforehand or at the latest at the time of return. In this case, the Client must report any damage to Kingsize Movers In Writing within two working days of being able to check the returned goods for damage. The foregoing applies on the understanding that if Kingsize Movers is not notified In Writing of any damage within seven days of the return, it shall be deemed that the return took place without damage to the goods. If the Customer fails to complain in time and in accordance with the above, no obligation or liability shall arise for Kingsize Movers from such complaint. To the extent that Kingsize Movers is liable for failure to comply with its obligation under paragraph 2, it shall not be liable above an amount of €100,000 per household. €23 of the damage suffered shall remain at the risk of the Client. The Client shall be liable to compensate Kingsize Movers for any damage suffered by Kingsize Movers as a result of the goods deposited by the Client, as well as all necessarily incurred costs of any eviction, sale, service of bailiff’s orders, and suchlike.
RENTAL OF MOVING BOXES
Removal boxes hired by the Customer shall be delivered to the Customer by post to the delivery address specified by the Customer. Return of the boxes shall take place in a corresponding manner, within three days after the end of the agreed rental period. Shipping costs related to the (return) delivery of removal boxes shall be paid by the Client. No writing is allowed on moving boxes other than on the stickers provided. If a removal box is written on other than on the supplied sticker, or if a removal box is torn to a greater or lesser extent, the Client shall be obliged to pay the sales price charged at that time by Kingsize Movers for the removal box in question. In such cases, the Client shall be obliged to keep the removal box. In the event that redelivery has already taken place, Kingsize Movers will destroy the removal box. In the event that the Client fails to return the moving boxes on time, Kingsize Movers is entitled to charge the Client an additional rental fee, in proportion to the delay, plus 50%.
COMPLAINTS
Ten aanzien With respect to Services other than those referred to in Articles 9, 10, and 11, any complaint regarding the performance of the Services must be made known to Kingsize Movers immediately after completion of the Services. If under circumstances this is not possible, a complaint must be made In Writing to Kingsize Movers no later than two working days after completion of the Services. Complaints about the amount of invoices must be submitted In Writing to Kingsize Movers within five working days of the invoice date. All complaints should contain as detailed a description thereof as possible to enable Kingsize Movers to respond adequately. The Client must give Kingsize Movers the opportunity to investigate a complaint. The Client shall provide all cooperation necessary for the investigation. If the Client fails to complain in reasonable time and/or in accordance with the provisions of these terms and conditions, no obligation or liability shall arise for Kingsize Movers from such complaint by the Client. Even if the Customer complains in good time, its obligation to pay Kingsize Movers on time shall continue to exist, except insofar as the law for the benefit of the Consumer mandatorily prevents it from doing so.
FORCE MAJEURE
Kingsize Movers is not obliged to comply with any obligation under the Contract if and for as long as it is prevented from doing so by a circumstance which cannot be attributed to it under the law, a legal act or generally accepted practice (force majeure). In addition to its definition in legislation and case law, force majeure includes all external causes beyond the control of Kingsize Movers which make the performance or further performance of the Contract impossible. If and to the extent that the force majeure situation makes performance of the Contract permanently impossible or continues or will continue for more than three months, the Parties shall be entitled to terminate the Contract with immediate effect. If when the situation of force majeure arises Kingsize Movers has already partially fulfilled its obligations, or can only partially still fulfil its obligations, the Client shall remain liable to pay the price for the part of the Contract already performed, or which can still be performed, as if it were an independent Contract. Damage suffered in connection with force majeure other than (partial) restitution or (partial) remission of the agreed price for that part of the Agreement affected by force majeure shall never be eligible for compensation.
SUSPENSION AND TERMINATION
Kingsize Movers is entitled, if the circumstances of the case reasonably justify this, to suspend the performance of the Contract or to dissolve all or part of the Contract with immediate effect, without judicial intervention, if and insofar as the Customer fails to fulfil its obligations under the Contract or fails to do so on time or in full, or if after the conclusion of the Contract circumstances come to Kingsize Movers’ attention which give it good reason to fear that the Customer will not fulfil its obligations. If compliance with the Customer’s obligations in respect of which he fails or threatens to fail is not permanently impossible, the right to rescind the Contract only arises after the Customer has been given notice of default In Writing by Kingsize Movers, which notice shall specify a reasonable period within which the Customer can (still) comply with its obligations and compliance has still not been forthcoming after the expiry of the latter period. If the Customer is in a state of bankruptcy, has applied for (provisional) suspension of payments, has its assets seized or in cases where the Customer is otherwise unable to freely dispose of its assets, Kingsize Movers is entitled to terminate the Contract with immediate effect and without judicial intervention, unless the Customer has already provided adequate security for compliance with its payment obligations to Kingsize Movers. The Client shall never be entitled to any form of compensation in connection with the right of suspension or termination exercised by Kingsize Movers under this article. The Client is obliged to compensate Kingsize Movers for any loss suffered by Kingsize Movers as a result of the suspension or termination of the Contract. If Kingsize Movers terminates the Contract under this article, all claims against the Customer shall become immediately due and payable.
PRICES, ADDITIONAL COSTS, ADDITIONAL WORK AND PAYMENTS
Kingsize Movers’ offer shall state as accurately as possible the price factors, which may include, but are not limited to, an hourly rate, a fixed price or, for storage, a price per cubic metre, as well as whether any additional costs will be passed on to the Client, such as call-out charges, fuel costs and delivery costs for moving boxes. Any parking costs shall in any case be borne by the Customer, even if this is not expressly stated in the offer. In respect of Services provided on the basis of an hourly rate, a minimum purchase of three hours shall apply; if the Services are provided for less than three hours, the Customer shall also be charged for the three hours worked. Where a removal lift is provided on the basis of an hourly rate, the foregoing shall not apply in respect of the removal lift. Additional costs incurred by Kingsize Movers as a result of the Customer’s failure to comply with its obligations under the Contract, including as provided for in these terms and conditions, shall be additionally borne by the Customer. All amounts stated by Kingsize Movers and owed to it by the Client are exclusive of VAT, it being understood that such amounts are (also) stated inclusive of VAT if the Client is a Consumer. If and insofar as a fixed price has been agreed, such price shall be based on the facts and circumstances known to Kingsize Movers at the time Kingsize Movers offered such price to the Client. If in such case any price increases of cost-determining factors occur which Kingsize Movers could not reasonably foresee and over which Kingsize Movers cannot reasonably exercise any control, then Kingsize Movers shall be entitled to pass such price increases on to the Client, on the understanding that a Consumer shall for such reason be entitled to terminate the Contract if the price increase occurs within three months of the Contract being formed and Kingsize Movers still expressly indicates that it does not wish to perform the Contract on the originally agreed price terms. The aforementioned right of the Consumer to cancel the Contract shall not apply if the price increase is the result of increases in VAT rates or other government charges. If, at the request or with the express consent of the Client, Kingsize Movers performs work that goes beyond the content or scope of the Contract (additional work), the resulting additional costs shall be paid by the Client. Unless otherwise expressly agreed in writing in this regard, Kingsize Movers shall be entitled to require full or partial payment in advance of the amount owed by the Customer to Kingsize Movers, it being understood that the storage of goods shall be invoiced on a weekly basis. Kingsize Movers shall not be obliged to perform or further perform the Contract until the Customer has fulfilled all of its payment obligations to Kingsize Movers that are already due and payable. Payments shall be made by bank transfer, within the period specified by Kingsize Movers on the invoice. Kingsize Movers is entitled to make invoices due to the Client exclusively available by e-mail. If the Client is in a state of bankruptcy, has applied for (provisional) suspension of payments, its assets have been seized or in cases where the Client is otherwise unable to dispose freely of its assets, any claims against the Client shall become immediately claimable. If timely payment is not made, the Customer’s default shall start by operation of law. From the day the Customer’s default occurs, the Customer shall owe interest of 2% per month on the outstanding amount, whereby part of a month shall be regarded as a full month. In deviation from the previous sentence, if the Customer acts in the capacity of Consumer, the statutory interest rate shall apply instead of the contractual interest rate referred to there. All reasonable costs, such as judicial, extrajudicial and execution costs, incurred to obtain amounts owed by the Customer, shall be at the expense of the Customer.
SECURITIES
Kingsize Movers shall have a right of retention over all goods belonging to the Customer held by Kingsize Movers under the Contract. If the Customer’s arrears exceed three months from the original payment date, or as soon as the arrears exceed the current market value of the goods held by Kingsize Movers under the Contract, including the costs of sale and clearance, Kingsize Movers shall obtain the right to terminate a Goods Storage Contract. Kingsize Movers must have served notice on the Client at least once by registered letter to the Client’s last known address to Kingsize Movers before it can exercise its rights under paragraphs 2 and 4 of this Article. The Client surrendering goods to Kingsize Movers in performance of a Contract thereby establishes a possessory pledge on those goods in favour of Kingsize Movers as additional security for payment of all that it owes or shall owe Kingsize Movers. Kingsize Movers may proceed with the (public) sale of the goods. Before proceeding to sell, Kingsize Movers shall: if and insofar as the Client’s address details are known, once again summon the Client by registered letter to pay all outstanding charges. The letter should state that Kingsize Movers will proceed with a public (or private, see paragraph 5) sale if the Client also allows the period specified in the summons to expire; if and insofar as the Client’s address is not known or the registered letter has not reached the Client for whatever reason, the notices referred to in (a) above shall be given by bailiff’s writ, to the Client’s last known address to Kingsize Movers. The public sale may be replaced by a private sale if the foreseeable costs of public sale will exceed the estimated proceeds of the goods, however in compliance with the applicable legal rules. If the proceeds from the sale of the goods exceed Kingsize Movers’ claims, the surplus shall, if possible, be handed over to the Client or transferred to his bank account.
LIABILITY AND INDEMNIFICATION
The provisions of this article apply without prejudice to the provisions regarding liability of Kingsize Movers in the remainder of these terms and conditions. The Customer shall bear any damage caused by inaccuracies in the Services it has instructed, inaccuracies in the working methods required by the Customer and in the data supplied, any other failure to comply with the Customer’s obligations under the law or the Contract, as well as any other circumstance which cannot be attributed to Kingsize Movers. Kingsize Movers shall never be liable for indirect losses, including any loss suffered, loss of profit and loss resulting from business interruption. Should Kingsize Movers be liable for any loss or damage, Kingsize Movers shall be entitled at all times to remedy such loss or damage. The Client shall give Kingsize Movers the opportunity to do so, failing which any liability of Kingsize Movers in this regard shall lapse. The liability of Kingsize Movers shall be limited to the subsequent proper performance of the Services to which Kingsize Movers’ liability relates. If such rectification is not possible, then Kingsize Movers’ liability shall be limited to no more than the invoice value of the Contract, or at least that part of the Contract to which Kingsize Movers’ liability relates, on the understanding that Kingsize Movers’ liability shall never exceed the amount actually paid out in the relevant case under Kingsize Movers’ liability insurance policy, plus any excess applicable to Kingsize Movers under that policy. The Client shall indemnify Kingsize Movers against any claims by third parties who suffer loss or damage in connection with the performance of the Contract and the cause of which is attributable to any person(s) other than Kingsize Movers. If Kingsize Movers is held liable by third parties for this reason, the Client shall be obliged to assist Kingsize Movers both extra-judicially and judicially and immediately do anything that can reasonably be expected of it in such a case. Should the Client fail to take adequate measures, Kingsize Movers is entitled, without notice of default, to take such measures itself. All costs and losses incurred on the part of Kingsize Movers and third parties as a result shall be entirely at the expense and risk of the Client. Notwithstanding the statutory limitation period, the limitation period for all claims and defences against Kingsize Movers shall be one year.
FINAL PROVISIONS
Kingsize Movers is entitled at any time to transfer its rights and obligations under the Contract to a third party. Kingsize Movers is entitled to amend these terms and conditions. In such a case the Client shall be notified thereof, whereby the amended terms and conditions shall be provided to it and thereafter shall apply. In the case of a Consumer, amended terms and conditions shall not apply to a current Contract if and insofar as the amendments are to his detriment. Each Agreement and all legal relationships arising therefrom between the Parties shall be governed exclusively by Dutch law. Before any judicial recourse, the Parties are obliged to make every effort to settle the dispute by mutual agreement. Only the competent court within the district of the Rotterdam District Court shall be designated to hear any legal disputes between the Parties in the first instance, without prejudice to Kingsize Movers’ right to designate another court with jurisdiction under the law. If the Client is a Consumer, the Consumer is entitled to choose the court that is competent according to the law within one month of Kingsize Movers announcing in Writing that it wishes to litigate in the court it has designated.