GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS

Art. 1 Price

1.1 Price is based on the estimate of volume resulting from the pre-move survey or described by the Customer via phone or email or pictures or videos; the removal price is also based on the information received by the Customer regarding the value of the goods. Should the actual volume or the actual value of the goods differ from the estimate mentioned in the accepted removal offer, a price revision will be applicable.

1.2 Unless specifically agreed in writing into the removal offer, the removal price is calculated based on standard working time: Monday to Friday from 8 am to 4 pm; Saturday from 8 am to 2 pm. Should additional working hours be needed, they would be considered overtime job and will need to be paid accordingly.

Art. 2 Accessibility

The removal price is based on the access conditions surveyed or described by the Customer by phone or email. Should the actual access condition differ from the expectations, any delay and/or additional costs arising from such occurrence would need to be covered by the Customer. 

Art. 3 Precautions

In case the move includes objects or substances for which specific safeguard measures are needed, the Customer is responsible to inform the Remover in due advance and before the beginning of the removal service. Customer’s failure to comply with such obligation implies the possibility for the Customer to be held liable for any damages caused by the presence of such objects/substances to the Remover or to any third party; the Remover is completely exonerated by any liability.

Art. 4 Accessories

4.1 Unless specifically agreed in writing into the removal offer, moving services exclude electrical connections, plumbic connections, connection of utilities, masonry works, wall installations, carpentry works, manipulation of heavy items (above 100 kgs), handling of safes, manipulation of bulky items requiring special equipment or additional manpower, handling of special items such as pianos, marble objects, pool tables or similar.

4.2 In case the moving service specifically includes wall installations, the Remover is automatically exonerated by any liability related to installation works, such as (but not limited to) drilling of walls, tiles, surfaces of any kind.

Art. 5 Damages

5.1 Any missing object, defect or imperfection arising upon delivery must be notified immediately and needs to be noted down on the delivery papers provided by the Remover. Failure to notify the missing object or defect or imperfection implies the loss of the right to open a claim. The procedure to open a claim is described into the form “All Risk Insurance Guidelines” attached to the removal offer, whose provisions need to be considered as part of these general terms and conditions. With regards to damages caused by lack of particular precautions, should such damages be the results of Customer’s negligence to properly declare the specific nature of the goods, they would need to be covered by the Customer. The Remover’s liability is exempted by proving that ordinary diligence was granted.

5.2 In case of a claim, payment terms and conditions stay unaffected, as per removal offer; should a claim be opened, this cannot justify any payment delay.

Art. 6 Insurance

6.1 In the event of losses or damages to objects involved in the removal service, the liability of the Remover is regulated by art. 1692 and following articles of the Civil Code.

6.2 By accepting to pay the related insurance premium, the Customer may request the Remover to have the goods insured against “all risks”. In order to insure the goods against all risks, the Customer needs to fill in an insurance inventory. The All Risk Insurance implies a minimum insurance premium of euro 300,00 (three hundreds) and a minimum deductible of euro 300,00 (three hundreds).

Additional information about the All Risk insurance are available in the form “All Risk Insurance Guidelines” attached to the removal offer, whose provisions need to be considered as part of these general terms and conditions.

6.3 The Customer is free to select his/her/its own insurer. In the event the Customer undertakes an insurance policy independently, the “self-insured” Customer needs to inform the Remover; the Customer needs to also be aware that under such circumstances, he/she will not be able to open any claim against the Remover. Moreover, the Customer must obtain a “waiver of recourse” from the insurer in favour of the

Remover.

Art. 7 Presence of third party workers

During the removal days and within the removal locations, the presence of third party workers (such as – but not limited to – masons, builders, painters, tilers, plumbers or similar) is not suggested, as it affects the standard practicability and safety conditions. The Customer has the obligation to communicate to the Remover, in due advance, about any planned third party works that may potentially overlap with the removal service; the Remover reserves the possibility to exclude such dates from the move plan.

In case the presence of third party workers is notified after the removal has already been planned, the Remover reserves the right to change the move schedule.

Should the move schedule amendments imply extra costs, such costs will need to be covered by the Customer.

Should schedule amendments not be feasible, the simultaneous presence of third party workers and of the moving crew is a liability exemption condition for the Remover; any damage to the goods or to the location or to any space pertaining to the location would not be attributable to the Remover, unless there are indisputable evidences of the negligence of the removal crew.

ART. 8 Customs clearance formalities

The Customer is responsible to provide all required papers for customs purposes and to ensure that such documents are accurate and correct. In case of delays in providing customs papers or in case any missing or incomplete or incorrect document implies adverse consequences, any extra expense caused by such occurrences would be charged to the Customer.

Art. 9 Packing / unpacking / packing material

In case the Customer requests any delivery/collection of packing material or the packing/unpacking service in a previous/next day, differing from the main removal date, such request will cause an extra cost. The

extra cost is not applicable in the event that this necessity was highlighted at the moment of the removal inquiry and as long as this special request is clearly stated in the removal offer signed by the Parties.

Art. 10 Customer’s obligations

10.1 The removal price is calculated based on the information provided by the Customer; it is therefore Customer’s responsibility to ensure that all provided information are updated, accurate and complete. Such information are related to any aspect of the move that may affect the ordinary work performance, including but not limited to: temporary/permanent road restrictions, ongoing works at buildings involved in the move, parking restrictions, road pavement works, presence of driving/parking obstacles, prohibitions established by building regulations, possible difficulties/challenges imposed by narrow staircases / antique lifts. Failure to provide updated, accurate and complete information, should this cause the employment of additional resources or overtime job or special equipment and consequently extra costs, such extra costa will be charged to the Customer.

10.2 The Customer, or a representative of the Customer, must be present during all the phases of the removal, as well as during crew-members’ moments of break, if such moments of break are spent in the premises of the removal. In case the Customer or his/her representative leaves the move premises, the Remover cannot be held liable for damages, missing items, incidents occurred during the absence of the Customer or of his/her representative or caused by the absence of the Customer or of his/her representative.

10.3 The Customer or his/her representative is responsible to verify the conditions of the removal premises after the moving service is completed; the Customer is also in charge of verifying that no items supposed to be part of the removal are left behind.

10.4 The Customer is responsible for all costs related to the obtention of permits for the occupation of public land (“OPL”).

Remarks: OPL permits are subject to an approval time set by the City Hall authorities; such approval time may vary depending on the city or on the municipality or on the specific address involved. OPL permits are strictly released for a binding date, as indicated in the application. In case the Customer requests a date change after the OPL application is submitted, he/she would need to fully cover again all OPL permit costs; the application would be subject to the approval procedure again, so the related approval time set by the City Hall would apply once again.

Art. 11 Costs/charges in case of cancellation/postponing of the removal service

Customer’s charges in case of service cancellation or in case of service postponement are calculated based on the days’ notice (“working days”: week days, from Monday to Friday, excluding week-ends and public holidays) prior to the originally planned move date.

Customer’s charges are determined as follows:

• • Over 10 days’ notice: no charges.

  • 10 days’ notice: charges up to the 25% of the move price.

  • Less than 5 days’ notice: charges up to the 50% of the move price.

  • Less than 2 days’ notice: charges up to the 75% of the move price.

   

  The Remover reserves its right not to apply such cancellation/postponement charges in case there is any room to facilitate the Customer.

Art. 13 Packing material

The moving service starts with the preparation of the packing material at the Remover’s warehouse. The selection of the proper packing material required for the packing service and for the protection of the move premises is determined exclusively by the Remover. Should any particular high value item be part of the move or any object requiring special packing caution, the Customer has the duty to inform the Remover in advance, in order to be in the position to provide proper packing material.

Art. 14 Transit via depot

In case the removal implies a transit via depot, such matter is regulated by the general conditions foreseen by the contract “contratto di deposito a titolo oneroso” drawn up by Unioncamere; the contract is available at the following link: https://regolazionemercato.camcom.it/download/187.html

Art. 15 Subcontracting

The Remover has the right to subcontract any booked service, partially or totally, provided that he keeps being exclusively liable for all contractual obligations, under any circumstances.

Art 16 Price factors subject to external influences

Price revisions can arise due to exogenous factors, such as (but not limited to) increase of fuel price, variation of remuneration conditions regulated by national collective agreements, currency exchange rate floating, sea/air freight tariff fluctuations. In case of such price revisions, the Remover is obliged to immediately and transparently inform the Customer of the underlying unfluencing external factor. This provision is applicable for both increases and decreases caused by external factors.

Art. 17 Taxes

Taxes related to international moves may be billed after the issuance of the main invoice covering the basic move price, as long as the tax applicability and/or the tax amount was not predictable upon sumbission of the removal offer.

Charges related to inspections or safety verifications imposed by the Public Authorities and documented through official receipts must be covered by the Customer, even in case those were not mentioned in the move offer, as they were unknown or unpredictable.

Art. 18 Prohibited items

18.1 Unless specifically agreed in writing, it is forbidden to include the following items in any removal, no matter the shipping mode: narcotics, weapons, objects subject to special authorizations, valuable items, money, stocks, collections of coins or stamps or similar, furs, plants, flammables or corrosive substances or similar dangerous items, batteries, any liquid substance able to cause leaks that may damage other items, objects prohibited by the destination country customs authorities.

18.2 Any damage or additional expense caused by the presence of prohibited items as per art. 18.1 are at Customer’s charge. 

Art. 19 Weight and volume

For transport by road or by sea, removal prices are based on volume; unless differently specified in writing, the weight is estimated based on the standard industry weight/volume ratio of 1 cbm = 100 kgs.

For air shipments, removal prices are based on chargeable weight, which is the higher value between the real gross weight of the shipment (including packing material and air pallet) and the volumetric weight calculated by the air shipping line as the result of the gross volume (expressed in cubic meters) multiplied by the coefficient 167.

Art. 20 Timings

The removal price is calculated based on the estimate of the standard working time needed to complete all the operations foreseen in the move offer. Depending on the service type, such operations may include: disassembly, packing, loading, transport, unloading, delivery into the destination premises, unpacking, collection of debris and any other service explicitly mentioned in the removal contract. With regards to the delivery of the items into the destination premises, the Customer is expected to clearly provide instructions about the desired location of each item, which shall be decided in advance. In case of multiple manipulations of the items (even within the premises of the same destination address), causing delays or overtime job or necessity of extra man-power, all extra costs are for Customer’s responsibility.

Art.21 Rights of the Remover

21.1 The Remover, as a security of the credit arising from the removal service, accordingly to art. 2761 of the Civil Code, has the right of retention on all the goods involved in the removal order. The Remover may exercise its right of retention and lien on these goods in the forms provided by law.

21.2 In the event of factors not caused by the Remover, resulting in over two (2) days of immobility of the Remover’s resources (for example a truck), the Customer grants explicit permission to the Remover to withdraw its equipment and to place the transported goods in a storage location/warehouse selected by the Remover. Any cost related to the transport of the goods to the warehouse of choice, to the manipulation of the items and to the storage of the shipment is of exclusive responsibility of the Customer.

Art. 22 Third parties locations

The delivery of the goods in a location belonging to a third party (such as a private house, a private storage unit, a cellar, a storage facility belonging to an external company or similar) automatically and irreversibly interrupts the Remover’s liability. Any possible damage or shortage notified after the delivery will not be subject to any compensation.

Art.23 Carrier’s liability

23.1 In the absence of an All Risks insurance policy, the Remover’s responsibility is limited to the Carrier’s liability as regulated by art. 1692 and following articles of the Civil Code, as well as by the Legislative Decree n. 286/05.

23.2 In the absence of an All Risks insurance coverage, the Remover’s responsibility is limited to a maximum value of euro 100.000,00 (hundred thousand). If the value of the shipment exceeds this cap, the Customer has the duty to inform the Remover.

Art. 24 Force Majeure

In the event of delays, shortages or damages caused by force majeure and/or exogenous circumstances going beyond the Remover’s control, the Remover cannot be held liable.

Art. 25 Exclusion of liability

The Remover cannot be held liable for damages directly or indirectly related to the following events: radioactive or chemical or biological or biochemical contamination; cybernetic attacks; war; terrorist attacks; revolutions; civil and political unrest; strikes; epidemics and quarantines; traffic restrictions; road/airport/port congestions; weather disasters.

Art. 26 Payment terms and conditions

Payment terms and conditions are indicated into the removal offer; once the removal offer is signed for acceptance, it automatically comes to be a binding contract for signatory parties.

Art. 27 Disputes, applicable law and jurisdiction

The Court of Rome will have exclusive jurisdiction to handle any claim resulting from or relating to the Removal Contract.

Art. 28 Privacy

The Customer will provide to the Remover all personal data required to execute contractual obligations and law provisions. The Remover will treat personal data accordingly to law provisions (articles 7,13,23 – Dlgs 196/03 Privacy Code).