GENERAL TERMS AND CONDITIONS
These general terms and conditions are applicable to the services of Registered Brokers and Registered Appraisers through membership of the Dutch Federation of Certified Appraisers, Brokers and Auctioneers in Movable Assets (Federatie van Taxateurs Makelaars en Veilinghouders in Roerende Zaken – Federatie TMV). These conditions were drawn up on 15 October 2020.
Article 1 Definitions
In these terms and conditions the following terms are defined as stated below:
Federation: the Dutch Federation of Certified Appraisers, Brokers and Auctioneers in Movable Assets (Federatie van Taxateurs Makelaars en Veilinghouders in Roerende Zaken – Federatie TMV), established in Amsterdam;
-Appraiser: a Member who is enrolled as a valuer in movable goods in the Register of the Federation and to whom the title ‘RT’ is assigned, or the organisation of this Member that applies these General Terms and Conditions;
Broker: a Member who is enrolled in the Register of the Federation as a broker in movable goods and to whom the title ‘RM’ is assigned, or the organisation of this Member that applies these General Terms and Conditions;
Objects: any movable property over which the services of the brokers and Valuers may extend.
Value: the value attributed to movable goods by the Broker or Appraiser.
Client: Any natural person or legal entity that purchases one or more services of a Broker or
Article 2 General provisions
2.1. These General Terms and Conditions are applicable to all offers by and Agreements with the Broker/Appraiser.
2.2. The Broker/Appraiser reserves the right to amend the General Terms and Conditions from time to time without prior notification. The version that is applicable is the set of conditions that is provided or made available prior to entering into the Agreement, and is stated on the website of the Broker/Appraiser at that time.
2.3. An Agreement between the Broker/Appraiser and the Client comes about after the Client has accepted the offer of the Broker/Appraiser and the Broker/Appraiser has confirmed the Agreement in writing by means of an assignment confirmation. The Agreement comes about in any event once the Broker/Appraiser has begun the implementation of the Agreement with the consent of the Client.
2.4. If an Agreement comes about between the Broker/Appraiser and the Consumer that is concluded remotely, such as via the internet or by telephone, then the following applies:
2.5. The Broker/Appraiser charges a fee for services rendered that he has agreed with the Client, with the addition of VAT.
2.6. Costs that do not form a part of the fee but are connected with the implementation of an Agreement, including travel and accommodation expenses, can be charged to the Client, with the addition of VAT.
2.7. In the case of multiple Clients, each of the Clients is severally liable for the entire fee and the payable costs. 1 For the sake of readability, in these conditions the masculine form (‘he’, ‘him’ etc.) is always used. Where ‘he’ is used, ‘she’ can of course also be understood.
2.8. The Client will provide the Broker/Appraiser with all information that is of importance for the provision of the services. If the Client withholds information or provides incorrect information then the Broker/Appraiser can adjust the fee stated in article 2.5.
2.9. The Broker/Appraiser can – following consultation with the Client – engage assistants and charge on the costs to the Client.
2.10. If an Agreement has been terminated the fee and the costs are immediately payable, unless agreed otherwise in writing between the Broker/Appraiser and the Client. If the Client does not comply with his payment obligations within the period specified by the Broker/Appraiser, then the Broker/Appraiser will charge interest to the Client equivalent to the statutory interest, with the addition of three percent (3%), to be calculated from the expiry of the payment period until the time of payment. All judicial and extrajudicial costs will be borne by the Client, which costs will be determined at 15% of the payable amount with a minimum of €250 (two hundred and fifty Euros), without prejudice to the right to recover the actual costs. The Broker/Appraiser can request prepayment, and settle up in the interim period for the activities carried out.
2.11. The Broker/Appraiser will perform the services to the best of his knowledge and ability and thereby abide by, if applicable, the international valuation standards, without the Broker/Appraiser assuming a performance obligation. The Broker/Appraiser will furthermore comply with the Statutes, Regulations and Protocols of the Federation and adhere to all relevant international and national legislation and regulations. 2.12. The Broker/Appraiser will inform the Client to the best of his knowledge and understanding of the nature, origin, dating, authenticity, source, provenance, value and condition (including information concerning restorations and analyses) of the movable good, and provide a condition report on request. The nature of the movable good can entail that the knowledge thereof can change due to increasing insights. The Broker/Appraiser therefore does not provide any guarantee concerning the information provided or, if applicable, the condition report. 2.13. The Broker/Appraiser is not liable for damage caused by him or by assistants or employees engaged by him in connection with the implementation of an Agreement, unless the damage is caused by wilful misconduct or gross negligence. T
he liability of the Broker/Appraiser will in any event be limited to a maximum of the amount of the fee received. The Broker/Appraiser is under no circumstances liable for trading loss, consequential damage, financial loss and/or indirect damage. The Broker/Appraiser takes care of an adequate liability insurance aansprakelijkheidsverzekering. The Client is responsible for the adequate insurance of the movable goods against common risks including fire, theft, loss and damage, unless expressly agreed otherwise in writing.
2.14. The Broker/Appraiser is not liable for damage as a result of incorrect or incomplete information provided by the Client.
Article 3 Valuation Agreement
3.1. A Valuation Agreement is considered to be entered into for a fixed duration. The Valuation Agreement ends with the Valuation of the movable good and the issue of the findings.
3.2. Unless agreed otherwise, the Broker/Appraiser will issue his findings in a written valuation report. The valuation report will contain the name of the Client, a description of the valued item such that it can be identified, the assessment/establishment of the value, the valuation concept applied, the aim of the Valuation, the date on which it was carried out and, where necessary, an indication of special circumstances that have been taken into account.
3.3. The Valuation will be exclusively carried out for the Client. Only the Client can derive rights from it. Third parties therefore cannot derive any rights from the Valuation for the benefit of the Client.
Article 4 Agreement for Mediation by the Broker