General Terms and Conditions

Article 1: Definitions
Within these general terms and conditions, the terms listed below carry the following meanings:
- Client: The individual or entity that commissions services from Pelahatchie Bay Storage.
- Contractor (also known as the entity applying these general terms and conditions): Pelahatchie Bay Storage.
- Assignment: The services delivered by the Contractor pursuant to a service agreement established between the Contractor and the Client.
Article 2: Applicability
These general terms and conditions shall govern all legal interactions between the Contractor and the Client in their entirety and exclusively, superseding any alternative terms or conditions, except where expressly relinquished in writing.
Article 3: Formation of the Agreement
3.1 All proposals issued by the Contractor are without obligation and can be withdrawn at any point, including right after the Client’s acceptance. The Contractor will initiate execution of a service agreement only upon receipt of a signed written confirmation from the Client, which also confirms acceptance of these general terms and conditions. Where an advance payment is stipulated, work will commence solely after the agreed prepayment has been received.
3.2 Any standard hourly rates or unit prices mentioned in quotes or on the website are invariably exclusive of VAT, taxes, permits, and any other supplementary expenses.
3.3 The establishment of a service agreement can also be established through alternative evidence and situations, such as the Contractor initiating services on behalf of the Client.
3.4 Modifications to the assignment suggested by the Client amid its performance will be implemented only upon mutual consensus between the Client and the Contractor. This consensus must be documented in a signed agreement by both parties, specifying any associated financial adjustments.
3.5 The Contractor’s proposal relies on actual time expended, with billing conducted on an after-the-fact basis. Time is rounded upward to the closest full hour.
Article 4: Duration of the Agreement
4.1 The agreement between the Contractor and the Client is established for an indefinite duration, except where the essence of the agreement dictates otherwise or the parties have specifically stipulated a different arrangement in writing.
4.2 Should a timeline be established for the completion of specific tasks, it will not constitute a firm deadline for the Contractor unless expressly identified as such in writing.
Article 5: Performance of the Assignment
5.1 The Contractor retains the authority to involve third parties in carrying out certain tasks. The provisions of Articles 7:404, 7:407(2), and 7:409 of the Dutch Civil Code are hereby expressly excluded from application.
5.2 The Client is obligated to supply all information, documents, and materials that the Contractor considers essential for the effective fulfillment of the assignment, doing so promptly, in the requested format, and in line with any provided directives.
5.3 The Client warrants that the materials or information furnished to the Contractor are accurate, complete, reliable, and appropriate for their intended use.
Article 6: Confidentiality
6.1 Should the Client inform the Contractor in writing that confidentiality regarding the assignment must be upheld with respect to third parties, the Contractor shall be bound to maintain such confidentiality, except in instances where, in the Contractor’s judgment, engaging third parties is essential for the appropriate execution of the assignment (for example, third parties directly involved in the work). In these situations, the Contractor must secure prior approval from the Client.
6.2 When the Contractor enlists third parties for any portion of the assignment, those third parties shall be subject to the identical confidentiality requirements as those imposed on the Contractor in relation to the Client.
Article 7: Termination of the Assignment Agreement
7.1 Either party has the right to end the assignment agreement prematurely through written notice, adhering to a one-month notice period that commences on the first day of a calendar month.
7.2 In the case of termination via notice, the Client is required to settle all outstanding fees owed to the Contractor up to the date of termination within 14 business days from the invoice date.
7.3 If the Client undergoes liquidation, applies for or receives suspension of payments, declares bankruptcy, faces seizure (if not resolved within 3 months), enters debt restructuring, or encounters any comparable situation where control over assets is restricted, the Contractor may immediately terminate the agreement without any liability for damages or compensation. All amounts owed by the Client to the Contractor shall become due and payable without delay.
7.4 Should the Contractor have grounds to dissolve the agreement, all claims against the Client will become immediately due upon such dissolution. The Contractor bears no responsibility to reimburse any ensuing damages or expenses.
7.5 In the event the Client cancels the assignment within two weeks prior to the scheduled commencement date, a cancellation fee of 50% shall apply. If cancellation occurs within seven days, the Contractor may charge up to the full assignment amount, unless a different arrangement is explicitly agreed upon in writing. This provision becomes effective after the seventh day following the dispatch of the confirmation email.
Article 8: Payment and Collection
8.1 Payment shall be completed in cash or via debit card right after the assignment’s conclusion, except where a different arrangement has been explicitly agreed upon in writing. The Contractor maintains the option to impose an extra 3% surcharge on the total invoice sum to cover transaction fees if payment is not conducted in cash on the service day.
8.2 Should invoiced payment be prearranged in writing beforehand, the initial payment must be transferred prior to the service commencement date. For any follow-up services, settlement must occur within 12 days from the invoice date, as noted on the invoice.
8.3 Failure to remit payment within the designated timeframe results in the Client being in default automatically, without the need for further notice.
8.4 In the event of the Client’s default on any duties owed to the Contractor, the Client shall be responsible for all reasonable costs associated with out-of-court collections, along with any court-related and enforcement expenses.
8.5 Furthermore, the Client is liable for statutory interest on all outstanding sums payable to the Contractor, accruing from the default date until the date of complete settlement.
Article 9: Liability
9.1 The Client bears responsibility for establishing appropriate conditions at the site, such as adequate parking, space for transportation, required permits, and exemptions for vehicles, elevators, and staff, as well as properly packaging items to allow the Contractor to carry out the assignment in a safe and reasonable manner, unless a different written agreement specifies otherwise.
9.2 The Client is obligated to secure all necessary permits and exemptions from the local municipality (usually through the online portal, submitted at least 10 days beforehand). If these are not obtained, the Contractor reserves the right to decline or proceed with the assignment at the Client’s sole risk. The Contractor shall not be held accountable for any indirect damages or expenses stemming from the Client’s oversight; such expenses must be reimbursed immediately upon occurrence.
9.3 The Contractor assumes no liability for damages arising from inaccurate data or flawed materials supplied by the Client.
9.4 The Contractor disclaims any liability to third parties and shall be held harmless by the Client against claims brought by such parties.
9.5 The Contractor is not liable for indirect damages, loss of revenue, foregone savings, or damages resulting from operational disruptions.
9.6 The Client is subject to a compulsory deductible of €250 for each instance of damage attributable to the Contractor.
9.7 Any damages must be noted in the presence of the moving team, recorded in writing, and reported to the main office. Liability ceases once the moving team departs if no written record has been made.
9.8 The Client is prohibited from offsetting any obligations; all invoices must be settled irrespective of any damages, which shall be addressed independently.
9.9 Liability is excluded for damages to plants, aquariums, animals, staircases, antiques, flooring, unpacked items suitable for boxing, and electronic devices not in their original packaging (unless explicitly stipulated otherwise in the assignment).
9.10 To process damage claims, the Client must submit the original purchase receipt or evidence of value from the supplier if the receipt is unavailable.
9.11 For lifting operations, the Client is accountable for ensuring access to the lifting beam and unobstructed pathways for all goods. Lifting activities occur at the Client’s risk, with the Client assuming responsibility for all associated damages. Household items are covered by insurance when utilizing moving elevators.
9.12 The Contractor may end the agreement immediately without prior notice or liability for compensation in situations involving force majeure, including strikes, lockouts, fires, wars, mobilizations, floods, other natural calamities, or any disruptions outside the Contractor’s control.
Article 10: Non-Compete Clause for Personnel
The Client is barred from hiring or in any other way engaging any employees of the Contractor throughout the duration of the assignment and for 12 months afterward, subject to a penalty of €5,000 payable to the Contractor, without limiting the Contractor’s ability to seek enforcement.
Article 11: Governing Law and Dispute Resolution
11.1 All agreements to which these general terms and conditions apply shall be governed exclusively by U.S. law.
11.2 Both the Client and the Contractor shall strive to resolve any disputes through amicable means before pursuing legal action.