General Conditions Removals
General Conditions Gil Stauffer Removals:
Conditions of service provision
FIRSTThe removal service is defined as the transfer or carriage, between dwellings, premises or offices, within a town or between different localities of the country or abroad, using one or more modes of transport, of furniture, its complements, household goods and other household goods, including all or part of the operations of preparation, disassembly or assembly, packing and other activities required by this special type of transport. The service shall not be deemed to be fulfilled until the furniture and household goods object of the removal have been delivered to the destination address, under the agreed conditions.
SECONDThe contracted services shall be in accordance with the category of service agreed with the client and specified in the particular conditions of this contract.
THIRDThe location of the furniture will be carried out only once following the client's indications or by means of a plan provided by the same. Any additional movements or delays not attributable to the removal company will be paid by the client, who will pay the costs incurred at a rate of 30 euros per hourly operator.
FOURTHThe contract of removal shall not include the carriage of firearms, perishable or dangerous goods, or animals. The carrier shall not accept such goods for carriage.
FIFTHUnless otherwise agreed, the transport of cash, jewellery, precious stones, bearer securities, silverware, works of art, antiques, collectors' items, etc., shall not be covered by the removal contract. The removal service does not include, unless expressly agreed, the transport and handling of safes, pianos, pianolas and objects of large volume or weight.
SIXTHUpon request of the carrier, the customer shall inform the carrier of the circumstances relevant to the proper performance of the removal activities, such as, for example, the conditions of access to the premises or dwelling for personnel and vehicles (parking spaces, height of the dwelling, corridors, stairs, lifts, possibility of using lifts, other work in progress in the respective premises, etc.).
It is considered that in order to load and/or unload the vehicles, it must be possible to place them at the door of both the collection and delivery addresses, or at a maximum distance of no more than 25 metres on foot, but if for any reason (narrow streets or avenues, limited and prohibited parking, etc.), it is not possible to place the vehicle in such a position and this would imply an increase in manpower or the use of additional means of transport (vans or other even lighter elements), the costs incurred by these vehicles will be borne by the customer.), the aforementioned positioning of the vehicle could not be achieved and this would imply an increase in manpower or the use of additional means of transport (vans or other even lighter elements), the costs incurred by these complementary services would be borne by the customer.
Payment and other expenses
SEVENTHThe carrier undertakes to carry out the removal of the furniture and household goods listed in the inventory signed by both parties, at the price and under the terms agreed in the particular conditions.
Unless otherwise agreed, payment shall be made at the time of collection, in the event of payment by bank transfer, this must be made the day before the removal.
Payment shall not imply the customer's agreement with the service provided, and the customer shall always have the right to make a claim against the transport company for the deficient provision of the service. Payment may be made in cash as long as the amount does not exceed 2,000 euros or by cheque, VISA or prior transfer, unless the parties have agreed otherwise.
The carrier shall provide the client with a receipt for the amounts received, and once the removal has been completed, shall issue an invoice, in accordance with the terms set out in R.D. 1496/2003, which approves the Regulation regulating invoicing obligations and modifies the Value Added Tax Regulation.
EIGHTHAny administrative formalities necessary to carry out the removal shall be borne by the carrier.
The payment of all kinds of taxes, customs duties and other taxes, certificates of origin or transfer of residence, consular expenses, transhipments, etc., necessary for the execution of the removal, are not included in the price of the contract and will increase the contract price. The carrier is obliged to justify these expenses to the customer.
NINTHThe transport company undertakes to draw up an inventory of the furniture and belongings that are the object of the removal, delivering a copy, stamped and signed by the person in charge of the company, to the client, as long as the destination is furniture storage, maritime transport or international removal.
The customer may also draw up this inventory himself, with a copy of the inventory being stamped and signed by the transport company.
The client shall make a declaration of the overall value of the furniture and furnishings, as well as a detailed declaration of the objects that may have a particular value, in which the artistic, historical or collector's items and those whose unit value exceeds the amount of 600 euros must be clearly identified.
The transport company reserves the right to refuse the transport of artistic, historical or collector's items. Any object with a unit value of more than 600 euros shall also be recorded in a special way. Any item of furniture of special value shall also be recorded.
The inventory may note any circumstances relating to the furniture or household goods which the parties wish to highlight, such as their state of preservation.
Likewise, when, in the opinion of the transport company, there is a possibility of damage to the goods being moved, either because they are in poor condition or because they have to be subjected to handling that may entail danger, this circumstance shall be clearly stated in the inventory, with the transport company declining responsibility, where appropriate.
When the goods that are the object of the removal service are deposited in boxes, regardless of whether they were packed by the client or by the company, their number must be indicated. Likewise, when the objects contained in a box are of the same nature and their combined value exceeds 600 euros, this circumstance must be expressly stated in the inventory.
Insurance on goods
TENTHThe company undertakes to insure the furniture and belongings that are the object of the transport listed in the inventory, according to the value assigned to them in the inventory, informing the client of the name of the insurance company with which the insurance has been taken out, the policy number and any other circumstance that may be of interest to the client, particularly the existence of an excess.
In any case, the insurance of the goods does not affect the contractual liability of the carrier as a consequence of the breach of the removal contract.
Reception of the move
ELEVENTHOnce the removal has been completed, the client must sign a copy of the inventory to the carrier, in order to give his agreement on the reception of all the furniture, belongings and boxes that were the object of the removal. The signing of this document may not be delayed beyond 24 hours from the end of the removal work.
This document shall also state any damage to furniture and belongings that the user may have noticed while the removal was being carried out, without prejudice to the provisions of the following paragraph.
Once the removal has been completed, the consumer will have a period of seven working days to claim any damage to furniture and belongings that he/she has been able to ascertain from the transport company. Once this period has elapsed, no claim for loss or damage will be accepted.
Liability of the transport undertaking
TWELFTHThe transport provider, except in the event of fraud or serious negligence comparable to fraud, shall only be liable, in the event of loss or damage, in accordance with the provisions of art. 363 of the Code of Commerce, for the value of the furniture and belongings declared in the inventory, without being liable for loss of profit or moral damage.
For the purposes of the provisions of Article 23 of Law 16/1987 on the Regulation of Land Transport, the sum insured for insurance purposes shall be considered as a declaration of value, and the transport provider shall therefore be liable up to the amount of the declaration of value.
The carrier shall not be liable for any aesthetic damage caused by the removal of crockery, glassware, cutlery, chair sets and similar items.
Except for minor repairs that may be carried out by the transport provider himself or by a professional in the trade in question, and unless otherwise agreed, the transport provider shall be obliged to provide financial compensation for damage and not to repair it.
Cancellation of the contract and postponement of its performance
THIRTEENTHThe cancellation of the contract or postponement of the service by indication of the client or for convenience of the company, will give rise to compensation in favour of the injured party. This compensation is fixed at one third of the amount of the removal, if the other party is notified more than three days and less than fifteen days before the date or half if it is less.
If notice is given more than fifteen days before the agreed date of commencement of the move, no compensation shall be payable by either party.
FOURTEENTHPersonal data provided by clients to the company may be subject to computer processing or archiving for the purposes of fulfilling the contract, unless the client objects, and only authorised company personnel will have access to them.
In any case, the client will have the right to access, rectify, cancel and oppose the data that the company holds about him/her.
This data may not be transferred to other companies.
FIFTEENTHFor any litigation arising from the fulfilment of the present contract, the parties expressly submit themselves to the Transport Arbitration Boards that are competent in accordance with the provisions of Law 16/1987 on Land Transport Organisation and its development regulations, R.D. 1211/1990.