
Article 1: Definitions
In these general terms and conditions, the following terms have the meanings assigned below:
- Client: The party that assigns a task to Independence Moving.
- Contractor (also referred to as the user of these general terms and conditions): Independence Moving.
- Assignment: The services provided by the Contractor under an assignment agreement entered into between the Contractor and the Client.
Article 2: Applicability
These general terms and conditions apply exclusively and in full to all legal relationships between the Contractor and the Client, to the exclusion of any other terms and conditions, unless explicitly waived in writing.
Article 3: Formation of the Agreement
3.1 All offers from the Contractor are non-binding and may be revoked at any time, even immediately after acceptance by the Client. The Contractor will only commence performance of an assignment agreement after receiving a signed written order confirmation from the Client, which includes acknowledgment of the applicability of these general terms and conditions. If an advance payment has been agreed upon, performance will only begin after receipt of the agreed advance amount.
3.2 Any quoted standard hourly rate or unit price, whether in a quotation or on the website, is always exclusive of VAT, taxes, permits, and other additional costs.
3.3 The formation of a service agreement may also be demonstrated by other facts and circumstances, such as the Contractor beginning to perform activities for the Client.
3.4 Changes to the assignment proposed by the Client during its execution will only be accepted if full agreement is reached between the Client and the Contractor. Such agreement must be evidenced by a document signed by both parties, including any financial implications of the change.
3.5 The Contractor’s offer is based on actual hours worked, billed on a post-calculation basis. Hours are rounded up to the nearest whole hour.
Article 4: Duration of the Agreement
4.1 The agreement between the Contractor and the Client is entered into for an indefinite period, unless the nature of the agreement requires otherwise or the parties have expressly agreed differently in writing.
4.2 If a timeframe has been agreed for completing certain activities, this shall not be considered a strict deadline for the Contractor unless explicitly designated as such in writing.
Article 5: Performance of the Assignment
5.1 The Contractor reserves the right to engage third parties for certain activities. The application of Articles 7:404, 7:407(2), and 7:409 of the Dutch Civil Code is hereby excluded.
5.2 The Client must provide all data, documents, and materials that the Contractor deems necessary for the proper execution of the assignment in a timely manner, in the desired form, and according to the specified instructions.
5.3 The Client guarantees the accuracy, completeness, reliability, and suitability of the materials or information provided to the Contractor.
Article 6: Confidentiality
6.1 If the Client notifies the Contractor in writing that confidentiality must be maintained regarding the assignment toward third parties, the Contractor is obligated to do so, except where, in the Contractor’s opinion, consultation with third parties is necessary for proper fulfillment of the assignment (e.g., third parties actually performing the work). In such cases, the Contractor must obtain prior permission from the Client.
6.2 If the Contractor engages third parties for (part of) the assignment, the same confidentiality obligation will be imposed on them as applies to the Contractor toward the Client.
Article 7: Termination of the Assignment Agreement
7.1 Either party may terminate the assignment agreement early by giving notice, subject to a one-month notice period, effective from the first day of a month.
7.2 Upon termination by notice, the Client must pay all fees due to the Contractor up to the termination date within 14 working days of the invoice date.
7.3 In the event of the Client’s liquidation, (application for) suspension of payments, bankruptcy, seizure (if not lifted within 3 months), debt restructuring, or any similar circumstance where assets cannot be freely disposed of, the Contractor may terminate the agreement immediately without any obligation to pay damages or compensation. All claims by the Contractor against the Client become immediately due and payable.
7.4 If the Contractor is entitled to dissolve the agreement, all claims against the Client become immediately due and payable upon dissolution. The Contractor is not obligated to compensate for any resulting damages or costs.
7.5 If the Client cancels the assignment within two weeks before the agreed start date, a 50% cancellation fee applies. If canceled within seven days, up to the full assignment price may be charged, unless otherwise agreed in writing. This article takes effect after the seventh day following the confirmation email.
Article 8: Payment and Collection
8.1 Payment must be made in cash or by debit card immediately upon completion of the assignment, unless otherwise agreed in writing. The Contractor reserves the right to charge an additional 3% of the total invoice amount for transaction costs if payment is not made in cash on the day of the service.
8.2 If payment by invoice has been agreed in writing in advance, the first payment must be transferred before the execution date. For subsequent services, payment must be made within 12 days of the invoice date, as indicated on the invoice.
8.3 If payment is not made within the specified period, the Client is in default by operation of law.
8.4 If the Client defaults on any obligations toward the Contractor, all reasonable extrajudicial collection costs, as well as any judicial and enforcement costs, will be borne by the Client.
8.5 Additionally, the Client owes statutory interest on all amounts due to the Contractor from the date of default until full payment is received.
Article 9: Liability
9.1 The Client is responsible for ensuring suitable conditions at the location, including parking, transport space, permits, and exemptions for vehicles, lifts, and personnel, and for packing goods appropriately to enable the Contractor to perform the assignment safely and under acceptable conditions, unless otherwise agreed in writing.
9.2 The Client must obtain necessary permits and exemptions from the municipality (typically via the digital portal, requested at least 10 days in advance). Failure to do so allows the Contractor to refuse or perform the assignment at the Client’s risk. The Contractor is never liable for consequential damages or costs arising from the Client’s negligence; such costs must be paid immediately upon incurrence.
9.3 The Contractor is not liable for damages resulting from incorrect information or defective materials provided by the Client.
9.4 The Contractor accepts no liability toward third parties and is indemnified by the Client against any claims from such parties.
9.5 The Contractor is never liable for consequential damages, lost profits, missed savings, or damages from business interruptions.
9.6 The Client has a mandatory deductible of €250 per damage incident caused by the Contractor.
9.10 Damages must be reported in the presence of the movers, documented in writing, and communicated to the head office. Liability expires after the movers’ departure if not documented in writing.
9.11 The Client may not offset any debts; invoices must always be paid regardless of damages, which are settled separately.
9.12 Liability is excluded for damages to plants, aquariums, animals, stairwells, antiques, floors, unpacked household goods that fit in boxes, and electronics not in original packaging (unless otherwise agreed in the assignment).
9.13 For damage claims, the Client must provide the original receipt or proof of value from the supplier if unavailable.
9.14 For hoisting, the Client is responsible for access to the hoisting beam and free passage for all items. Hoisting is at the Client’s risk, and all related damages are borne by the Client. Household effects are insured when using removal lifts.
9.15 The Contractor may terminate the agreement without notice or compensation in cases of force majeure, strikes, lockouts, fires, wars, mobilizations, floods, other natural disasters, or any delays beyond the Contractor’s control.
Article 10: Non-Compete Clause for Personnel
The Client is prohibited from employing or otherwise engaging any of the Contractor’s employees during the assignment period and for 12 months thereafter, under penalty of a €5,000 fine payable to the Contractor, without prejudice to the Contractor’s right to enforce compliance.
Article 11: Governing Law and Dispute Resolution
11.1 Dutch law exclusively governs all agreements to which these general terms and conditions apply.
11.2 Both the Client and the Contractor will make every effort to resolve disputes amicably before resorting to court.