Terms & Conditions
Revision 1.1 (03.01.2023)
Terms & Conditions
These conditions set out the terms of the contract between
Van Man Berlin e.K. (Christian Stevenson) and you (the customer) and explain your rights and obligations and responsibilities and those of Van Man Berlin e.K. (Christian Stevenson).
These Conditions do not affect your statutory rights.
Index
- Interpretation/Definitions
- Quotations and Bookings
- Work Excluded fro our quotations
- Excluded property
- Customer responsibilities
- Ownership of goods
- Postponements, cancellations and waiting charges
- Payment of removal charges
- Business Liability Insurance
- Our liability for loss or damage to items being transported
- Delays in transit
- Damage to Premises
- Time limits for claims
- Route and method
- Customs Application for transfer of Residence. (UK Germany and Switzerland)
- Data Privacy
- Whole agreement
- Terms and Conditions acceptance.
- Interpretation/Definitions
1.1 Any reference in these conditions to “the Company” or “we” is a reference to Van Man Berlin e.K (Christian Stevenson).
1.2 Any reference in these conditions to you is a reference to the customer.
- Quotations and Bookings
2.1 Quotations do not include any other levies or fees payable to government or other statutory bodies and all such duties or fees (if any) will be payable by you independently in addition to the quoted price.
2.2 The quote provided is a fixed price quotation. However, the company reserves the right to cancel it, amend it or make additional charges if any of the following have not been taken into account when preparing the quotation.
2.2.1 If due to delay on your part the work is not carried out or completed within one month of the quotation date.
2.2.2 The company has to collect or deliver goods above ground floor level, unless previously agreed
2.2.3 The company supplies additional services. ex. Additional Items not listed in the agreement.
2.2.4 There are delays outside the companies reasonable control. Or there is a significant delay on your part, resulting in waiting to gain access to collection or delivery points.
2.2.5 Access to the collection and delivery point is inadequate or the approach is unsuitable for delivery vehicles. (Unless previously notified).
2.2.6 Any unforeseen parking or other fees or charges that the company incur and pay in order to carry out the service.
2.2.8 Any incomplete documentation which may be required. (ex. Customs declaration documents which allow transport of goods across borders). It is the responsibility of the customer to provide the company with all fully completed documentation/declarations prior to the commencement of the contract. Failure to provide such documentation/declarations will result in cancellation of the contract. “It is the responsibility of the customer to pay any applicable fees”.
In all circumstances you will be responsible for the extra charges.
2.3 Quotations include public liability insurance. This is subject to the terms and conditions of the companies insures. It is up to the customer to notify the companies insurers of any incident/claim. An excess fee applicable, will be payable by the customer.
2.4 Our quotation is not a guarantee that the company has the vehicle available on the day you require. Accordingly, your acceptance of the quotation does not constitute a contract until the required date is confirmed.
- Work Excluded fro our quotations
Unless previously agreed in writing the company will not,
3.1 Enter loft spaces and basements unless they are adequately boarded and lit
3.2 Remove aerials or satellite-received dishes from external walls or roofs
3.3 Remove or relay fitted floor coverings
3.5 Store any items excluded under clause 4.
3.6 Provide a storage service.
- Excluded property
The following items are specifically excluded from this contract and will not be covered by the company’s insurance.
4.1 Jewellery, watches, trinkets, precious stones, money, art work (paintings, sculptures etc.), antiques, deeds, securities, stamps, coins, fragile items not adequately packaged/protected, keys, irreplaceable sentimental value items or goods of a similar kind or any other high value items.
4.2 Potentially dangerous, flammable, damaging or explosive items.
4.3 Goods likely to encourage vermin or other pests or to cause infection.
4.4 Refrigerated or frozen food or drink, and any food/cooking oil etc. which is not adequately packaged or protected from spillages.
4.5 Lithium batteries and any other items considered dangerous.
4.6 Any animals and their cages or tanks including pets, birds or fish unless otherwise agreed
4.7 Any illegal goods such as banned drugs, stolen items, firearms etc.
If you submit any of the goods detailed above, the company will not be liable for any loss or damage to those items and you will also indemnify the company against any charges, expenses, damages or penalties claimed against the company by third parties. In addition, the company shall be entitled to dispose of (without notice) any such goods which are listed under paragraphs 4.2, 4.3 or 4.4.
- Customer responsibilities
It is the sole responsibility to,
5.1 Declare to us the value of any expensive goods being transported.
5.2 Obtain at your expense all documents (if required) necessary for the removal to be completed.
5.4 Be present yourself or appoint a representative at the collection and delivery points, to advise the location of parking if necessary and ensure that nothing is removed or left in error. If an extra journey is required to collect items which were left at the collection address in error an extra charge will be incurred.
5.5 Advise us of the time of access to your new premises. Any delays may increase the price.
5.6 It is the responsibility of the customer to adequately pack/protect breakable items. In the event of damage to unprotected items during collection and delivery, the company will not accept responsibility.
- Ownership of goods
By entering into this contract you confirm to the company that,
6.1 The goods to be removed are your own property; or
6.2 You have the authority of the owner of the property to make this contract in respect of the goods to be removed.
You will be responsible to pay for any claim for damages and/or costs against either of the above if this proves to be untrue.
- Postponements, cancellations and waiting charges
7.1 If you postpone or cancel this contract the company may make a charge.
7.2 The quotation is based upon being able to load and unload the vehicle without delay. If the company is prevented from doing so for reasons beyond it’s control, waiting charges will become payable at a rate or 30 EUR per hour.
- Payment of removal charges
8.1 Payment is required, by cash or debit/credit card on completion of the delivery. It is possible to pay by bank transfer, but this needs to be cleared before commencement of the delivery. You may not withhold any part of the agreed price. A charge of 20 EUR/month will be made for late payments.
8.2 A non refundable deposit of 1/3 is required for quotations above and including 300 EUR. payable in advance. In special circumstances such as illness, the deposit will be refunded. This is at the discretion of the company.
- Business Liability Insurance
9.1 The companies Business Liability Insurance, insures both the company and the customer in the event of personal injury and damage to buildings. In the case of the customer, injury or damage to buildings, the claim has to be as a result of negligence cased by the company.
9.2 The companies Business Liability Insurance also provides insurance for the loss of keys and access cards (if they were handed over for use by the company).
9.3 The companies Business Liability Insurance is valid in Germany and the EU.
9.4 The companies Business Liability Insurance does “not” cover for loss or damage to customer’s items being transported. (See section 10,Our liability for loss or damage of items being transported).
- Our liability for loss or damage to items being transported
10.1 The company will compensate for the loss or damage to items being transported. The liability is limited to a maximum claim of 500 EUR per contract/delivery (irrespective of the number of contracted items being transported).
10.2 As claims are limited to a maximum of 500 EUR per contract/delivery, it is strongly recommended, the customer insures any high value items (such as art work, antiques, computers and high value furniture, etc.) at their own expense. Please inform the company in writing, of any high value items and if they are independently insured or not.
10.3 In the event of the loss or damage to your goods, the company will pay for the reasonable costs of the repair or replacement (less wear and tear) of the item/items if negligence has taken place. (up to a maximum of 500 EUR per contract/delivery).
10.3.1 In the event of total or partial loss or damage to your goods, the company will not be liable for the following:
10.3.2 “New for old” replacement value for lost or damaged goods.
10.3.3 Any loss or damage which is not caused by the company.
10.3.4 Any unforeseeable additional costs you might incur as a result of loss of a particular item.
10.4 Where damaged items are part of a set, i.e. dinner services, furniture, etc. the company will only cover the value of that piece. No responsibility will be taken for undamaged items, which form part of the set.
10.5 The company will only be responsible for items that are loaded and unloaded by the company.
10.6. The company will not be responsible for items which are loaded and unloaded by the customer.
10.7 The company will not be responsible for any loss or damage if there are other workmen at the collection or delivery addresses unless it is proved beyond reasonable doubt that the company is to blame.
10.8 Unless new external damage is visible, the company will not be responsible for malfunction of electrical goods.
10.9 It is the responsibility for the customer to provide proof of negligence in the event of damage. (ex. Photos before and after).
- Delays in transit
11.1 The company will not be liable for delays due to weather conditions, mechanical failure, traffic congestion or occurrences outside the control of the company.
11.2. In the event of the company not being able to carry out the contract on the agreed date/time due to occurrences outside the companies control, an alternative date will be offered. Alternatively, the customer can cancel the contract (at no cost to either the customer or the company) and make alternative arrangements. (Please note! The company only operates one vehicle).
- Damage to Premises
12.1 the company will only be liable for damage to premises caused by the company’s negligence. Any damages to premises must be pointed out and noted before the premises, is vacated and confirmed in writing to the company within 5 days.
12.2 If damage is caused as a result of moving goods under your express instruction, and against the advice given, and where to move the goods in the manner instructed would inevitably cause damage, the company will not accept liability.
12.3 If “no” warnings or instructions (in writing) are given regarding any potential problem areas at the pick up and delivery sites and damage occurs to the premises, the company will not accept liability.
- Time limits for claims
The company will not be liable for any loss or damage to any goods unless a claim for loss or damage is notified to the company in writing within five days of delivery to the destination.
- Route and method
The company will have the right to choose the route for delivery.
Unless it has been specifically agreed in writing.
- Customs Application for transfer of Residence. (UK Germany and Switzerland)
15.1 It is the responsibility of the customer to complete all Customs forms, documents and declarations and obtain the Customs authorisation and reference number prior to the shipment taking place. Any shipping documents and customs reference numbers must be handed to the company prior to the commencement of the shipping. If the appropriate documentation and reference number is not made available, the contract will be cancelled and the shipment will “not” take place. To avoid complications, it is expected the customer will provide the documentation well in advance of the shipment date.
15.2 For UK Customs Application for transfer of residency from Germany & EU to UK, use the following link to obtain the application procedure and application form (ToR1).
15.3 For German Customs Application for transfer of residency from Uk and Switzerland to Germany, use the following links to obtain the application procedure and application form (0350).
15.4 For Swiss Customs for transfer of residency from EU and UK to Switzerland, use the following link to obtain the application procedure and application form.
https://www.ch.ch/en/foreign-nationals-in-switzerland/living-in-switzerland/moving-to-switzerland/
15.5. The company does not transport goods between Germany and the UK which are subject to tax duties.
- Data Privacy
16.1 The company uses data provided by you to fulfil and process the order and invoice. Once the order has been processed in full and payment has been made in full, the data will be blocked for further use. After tax and commercial regulations have expired, data provided by you will be permanently deleted in accordance with German Federal Protection Act.
16.2 The full transcript is available by by visiting
https://www.gesetze-im-internet.de/bdsg_2018/
- Whole agreement
The terms and conditions together with the company’s quotation are intended to form the whole agreement between you and the company and to prevail over any verbal discussions. Should we mutually agree to any variation of these terms, such variation should be confirmed in writing
- Terms and Conditions acceptance.
By accepting the quotation, you automatically confirm you have read, understand and accept the company’s Terms and Conditions