Suomen Opiskelijamuutot Oy – General Terms of Agreement for Corporate Moves
General Terms and Conditions for Corporate Moves
In these general terms, the "Moving Company" means the party performing the service that undertakes the move, and the "Customer" means the party procuring the service.
The Moving Company and the Customer are hereinafter referred to together as the "Parties".
1. Scope of application and other terms
These general terms of agreement for corporate moves apply to moving services ordered by business customers within Finland and from Finland abroad.
2. Formation of the contract
The contract is formed either by an agreement signed by the Parties, or by the Customer's order confirmation of the Moving Company's offer, or when the Customer accepts a valid offer made by the Moving Company in its entirety. The Moving Company has the right not to enter into a contract if the Customer does not accept the Moving Company's offer in its entirety.
The Moving Company must give its offer in response to the Customer's request for quotation in writing and within a reasonable time of receiving the request. Once the Customer has accepted the offer, the Moving Company sends the Customer an order confirmation.
3. Content of the assignment
Unless otherwise agreed, the assignment covers the transfer of the agreed movable property from the agreed point of departure inside the premises to the agreed destination inside the premises. The assignment includes the following services, unless otherwise agreed:
loading of the movable property to be moved onto the vehicle;
unloading of the movable property to be moved from the vehicle; and
moving the movable property to be moved inside at the destination.
The assignment does not include the packing, installation or connection, disconnection, arranging, unpacking of protective packaging or other similar activities not related to the transfer of goods and movable property, unless separately agreed.
The exact content and scope of the assignment are defined in the contract between the Parties.
The Parties may agree between themselves on the services included in the assignment. The assignment does not include the following services unless separately agreed:
Disconnection/attachment of fixed furnishings and various machines and equipment belonging to the premises, and the disassembly/assembly or installation work of these and of the furniture and movable property to be moved;
Protection and packing of the property's surfaces and of the furniture to be moved;
Transport of valuables, money, bank books, securities, precious metals, jewellery or other similar valuables;
Moving of safes or other exceptionally heavy items;
Transport of items that may pose a danger to persons or property, e.g. flammable substances, explosives, corrosive or foul-smelling substances, weapons and ammunition;
Transport of animals and living plants and their storage containers (e.g. an aquarium);
Cleaning services;
Moving of items requiring temperature-controlled transport;
Products for hire or sale intended for moving, such as moving boxes and packing and protective materials; and
Disposal/recycling of property being discarded.
If the Customer gives the Moving Company the above-mentioned items or goods to move, or includes the above-mentioned services in the assignment, this must be agreed in writing with the Moving Company before the start of the assignment. If the Customer has not agreed this in advance with the Moving Company, the Customer is liable to compensate for the additional costs arising from this.
The Moving Company has the right to refuse to move additional goods or items, or to perform additional services, if performing them is not possible, for example because of the limited resources reserved for the assignment.
However, the Moving Company is obliged, where possible, to also carry out additional work and other changes to the assignment presented by the Customer, in return for appropriate additional compensation.
The Moving Company is liable for damage caused to the movable property being moved in accordance with section 8.
With regard to the moving and transport of dangerous goods, the provisions of the Road Transport Contracts Act are followed.
For the sake of clarity, in these general terms "movable property" means the movable property that is the subject of the assignment and that is included in the contract between the Parties.
4. The Customer's obligations
The Customer must contribute to the performance of the Moving Company's assignment. The Customer must give the Moving Company the information needed to perform the assignment and must ensure, before the agreed time of the assignment, that the agreed movable property to be moved is appropriately protected, packed and detached from any installations and connections or connectors, and that the access routes at the point of departure and the destination are clear and unobstructed.
The Customer is responsible for any parking costs of the moving-vehicle fleet at the moving addresses agreed in the contract during the moving day(s).
The Customer must report all matters that may be considered relevant to the performance of the assignment, such as, among others, the following:
the amount of movable property to be moved, the floor areas and the storage spaces at the points of departure and destination;
the access road and the dimensions and functionality of the lifts, as well as their weight limits, at both addresses;
exceptionally heavy and space-consuming items, such as large cabinets;
an item or items that, because of their characteristics, may cause damage to persons or to transport equipment;
exceptionally valuable items or groups of items, as well as easily breakable items;
matters that may endanger occupational safety; and
an increase in the amount of goods after any assessment visit.
Before the start of the move, the Customer must draw up a written list of exceptionally valuable or easily breakable items, such as paintings and antiques, which must be reported to the Moving Company. An item worth more than EUR 2,000 is considered an exceptionally valuable item. The written list must show an estimate of the fair market value of these items and goods. Fair value is determined as at the start of the assignment. The Customer must insure exceptionally valuable items.
If the Customer has not given the Moving Company information about the above-mentioned items and goods requiring special attention or that are exceptionally valuable, compensation is determined in accordance with section 8. However, the Customer may give such movable property to the Moving Company to move in return for additional compensation (including, among other things, insurance, protection and the extra time spent) without prior notice, if the Moving Company consents to this. In that case the Customer is liable for the damage to the item or goods in question, unless the damage results from the Moving Company's intent or gross negligence.
If the Customer does not provide the Moving Company with sufficient information to carry out the assignment, the Customer is liable to compensate for the additional costs caused by the incomplete information, which could otherwise have been taken into account before the start of the assignment, such as the need for additional resources.
The Moving Company has the right to make changes to the agreed schedules due to incomplete or incorrect information provided by the Customer. The Customer is not entitled to a price reduction or other compensation for schedule changes that result from the incompleteness or inaccuracy of the information provided by the Customer, or from another cause beyond the Moving Company's control. If the performance of the assignment is prevented for a reason beyond the Moving Company's control, the Customer is not entitled to compensation for the damage caused by the prevention. If the performance of the assignment is prevented, the Parties must agree on a new time for performing the assignment as soon as possible.
The Moving Company gives the Customer advice on protecting and packing the goods to be moved, if these tasks have not been agreed to be the Moving Company's responsibility. The Customer must follow the instructions given by the Moving Company on protecting and packing the goods to be moved. If the Customer has not followed the instructions given, the Moving Company is not liable for damage caused by inadequate protection or packing.
5. The Moving Company's obligations
The Moving Company must perform the assignment professionally and with due care, taking the Customer's interest into account. The Moving Company is responsible for performing the assignment in its entirety regardless of the use of any subcontractors. The Moving Company is responsible for the contribution of a subcontractor it uses as for its own.
The more detailed content of the assignment, the prices and other service-specific special terms are defined in the contract between the Moving Company and the Customer.
If the Customer has made a list of exceptionally valuable or easily breakable items in accordance with section 4, the Moving Company must inspect the listed items and their condition at the start and end of the assignment.
If the packing and protection of the goods to be moved is the Customer's responsibility, the Moving Company inspects these packages and the visible movable property externally. If the packages are not damaged and are in appropriate condition and appropriately packed, the Moving Company is not liable for any damage caused to the goods. Nor is the Moving Company liable for damage caused by inadequate packing and protection of the goods, if the packing and protection of the goods is the Customer's responsibility.
However, the Moving Company is liable for damage caused if the damage has resulted from the Moving Company's intent or gross negligence. If the packing and protection of the goods to be moved is the Moving Company's responsibility, the Moving Company is responsible for ensuring that the goods are appropriately packed and protected.
The Moving Company has a duty of confidentiality regarding all information relating to the Customer and the assignment, the goods to be moved and their values, and other matters concerning the Customer and the assignment that the Moving Company's staff may become aware of while performing the assignment under this Agreement.
The Moving Company has road-transport insurance that covers the liability for the goods to be transported in accordance with the Road Transport Contracts Act. The Moving Company has liability insurance for personal injury and property damage caused to third parties (operational liability insurance).
6. Pricing principles and payment terms
Prices are valid for the period stated by the Moving Company in its offer.
The Moving Company may require security from the Customer to secure its payment receivable if, in connection with any credit check, it turns out that the customer has a payment default entry or a low credit rating. A credit rating is considered low if information about it is not available, or if the rating classification of Suomen Asiakastieto Oy is B or C.
If changes are made to the moving plan by the Customer, or for reasons beyond the Moving Company's control, such as due to circumstances, the Moving Company has the right to charge the Customer all additional costs caused by the change. The Moving Company must itemise the additional costs incurred, the grounds for the charge, and the reasons that led to the additional costs.
The minimum charge for assignments is five (5) hours, calculated according to the capacity reserved for the assignment.
The payment term is agreed separately between the Parties. Late-payment interest is determined in accordance with the Interest Act (633/1982).
7. Cancellation of the assignment
The Customer has the right to cancel the assignment five (5) business days before the agreed start time of the assignment.
If the assignment is cancelled less than five (5) business days before its agreed start time, the Moving Company has the right to charge compensation equal to three (3) hours' charge of the capacity reserved for the assignment, or compensation of ten (10) per cent of the price estimate given, whichever is higher.
If the assignment is cancelled at its agreed start time or after the assignment has already begun, the Moving Company has the right to charge, in addition to the time already spent on the assignment, compensation equal to three (3) working hours' charge of the capacity reserved for the assignment.
8. The Moving Company's liability for compensation
The Customer is responsible for insuring its own property. The Customer must have valid insurance for its property outside the contract.
The Moving Company has no liability for compensation for any damage to targets outside the contract caused to the Customer, unless the damage has resulted from the Moving Company's intent or gross negligence.
The Moving Company is liable for the loss, reduction or damage of the movable property that is the subject of the contract in accordance with the Road Transport Contracts Act. However, the Moving Company is not liable for damage caused to the Customer or the movable property that results from reasons beyond the Moving Company's control or from force majeure. Force majeure means a matter or event beyond the Parties' control that cannot be foreseen or prepared for when the contract is made, and the consequences of which cannot be avoided or prevented.
The Moving Company is liable for damage caused to the movable property being moved in both internal and external moves. The amount of compensation is calculated according to the fair value the goods had at the start of the assignment. However, compensation for damage caused to the goods, such as loss, reduction or damage, in both internal and external moves, is limited to the maximum compensation under the Road Transport Contracts Act. The maximum compensation in an assignment taking place within Finland is twenty (20) euros per kilogram of the goods' weight. The Moving Company has no obligation to compensate the portion exceeding the maximum compensation.
In no situation or case does the liability for compensation cover sentimental value, indirect or consequential damage or losses, or other similar damage. Indirect or consequential damage includes at least income and benefits not received due to a decrease in operating profit, turnover or production, or other lost or forgone yield or benefit.
After an assessment visit and before the start day of the move, the Moving Company may also require the Customer to take out property insurance for individual, exceptionally valuable items or items requiring exceptional attention, and if the Customer does not consent to this, the Moving Company has the right not to move the item or goods in question. In that case the Customer is responsible for the item or goods in question and the Moving Company is not liable for the damage caused to it.
The Moving Company's liability for compensation may be limited or removed entirely if the damage caused to the goods being moved results from any of the following:
Error or omission on the part of the Customer (for example, packing, unpacking or loading performed incorrectly by the Customer, incomplete or incorrect marking of goods, incorrect instructions given by the Customer, or failure to fulfil the reporting obligation under section 4).
Moving goods that, because of their characteristics, are particularly susceptible to minor damage or to weather variations during moves (e.g. living plants, foodstuffs, temperature-sensitive moving goods, minor damage to the surfaces of furniture).
Damage to electronic devices that has occurred even though the Moving Company has exercised sufficient care and that was not visually detectable.
Damage caused to an item that results solely from the item's defective quality (for example, poor condition of the movable property or its originally inadequate assembly or assembly contrary to instructions).
For the sake of clarity, if goods under the transport contract have been lost, reduced or damaged, or their delivery has been delayed, while being transported by another means of transport in the manner referred to above, for reasons beyond the Moving Company's control, liability for the damage caused is determined in accordance with the provisions concerning the means of transport used at the time. The Moving Company is not liable for damage that results solely from the conditions of transport, events during it, or other similar matters, or from a cause beyond the Moving Company's control.
9. Breach of the Customer's obligations
If it has been agreed that the Customer participates in performing the assignment, for example by packing the movable property to be moved or by providing carrying assistance, and the Customer does not perform its obligations within a reasonable time from the point of view of performing the assignment, and the Customer's performance is materially significant to performing the assignment, the Moving Company may suspend the work either wholly or partly until the Customer has performed its obligations.
The Moving Company has the right to full compensation for the costs arising from the Customer's breach of its obligations, unless the Customer can show that the breach resulted from reasons beyond the Customer's control or from a matter that is the Moving Company's responsibility.
The Moving Company has the right to terminate the contract if the Customer breaches its obligations and the breach of obligations is materially significant to performing the assignment, and the Customer does not correct its conduct within a reasonable time set by the Moving Company. Before terminating the contract, the Moving Company must notify the Customer in writing of the breach of obligations and of the threat of contract termination.
However, the Moving Company must take reasonably required measures to correct the Customer's breaches of obligations. The Moving Company has the right to appropriate additional compensation for the measures caused by the Customer's breach of obligations.
Otherwise the Customer's liability for compensation is determined in accordance with section 7.
10. Complaints and complaint periods
Any complaints must be made when receiving the goods, if the matter on which the complaint is based was externally detectable or should have been detected at the time of receipt.
Otherwise, if the matter in question could not be detected at the time of receipt, the complaint must be made within seven (7) business days of receipt, or of an inspection of the condition of the goods that the Parties have carried out together. For the sake of clarity, Saturday is counted as a business day, but not Sunday or public holidays.
If the Customer, without valid reason, fails to fulfil its complaint obligation or does not comply with the complaint periods set out here, the Customer loses the right to make claims. Making a complaint does not entitle the Customer to withhold payment instalments or payment due to the Moving Company.
11. Validity and termination of the contract
The validity and termination terms of the assignment specific to each moving service are agreed in more detail in the contract between the Parties.
12. Compliance with laws and regulations
The Moving Company undertakes to comply with all applicable laws and regulations in force and with official directives.
The Moving Company undertakes to ensure that, in the employment relationships related to these general terms, and in the employment relationships of the Moving Company's possible subcontractors and agency labour, at least those minimum employment terms are followed that must be followed in work of the same kind under Finnish law and the provisions of the collective agreement prevailing in the sector.
13. Applicable law
Finnish law applies to this contract.
The contract documents complement each other. The General Terms of Agreement apply to the contract unless the Parties have agreed otherwise. If the terms of the contract signed by the Parties differ from these general terms of agreement, the following order of priority is followed in interpreting the contract:
The moving-service contract with its appendices
Suomen Opiskelijamuutot Oy's General Terms of Agreement for Corporate Moves
14. Disputes
Any disputes concerning this contract are resolved primarily through negotiations between the parties. If agreement is not reached, all disputes, disagreements or claims that arise from or relate to this contract, or its breach, termination or validity, are finally resolved in the District Court of the defendant's domicile.