FUSION RELOCATIONS (A Division of FUSION SPECIALIZED SHIPPING & LOGISTICS LLC)
GENERAL TERMS AND CONDITIONS FOR REMOVALS
- The Customer: the party ordering the removal.
- The Consumer: the principal, any private individual who acts with a purpose that is outside his/her trade, business, profession or professional activity, and who is considered a Consumer in accordance with the applicable UAE legislation.
- The Remover: the party receiving the order and who delivers removals as a professional service.
- The order for service form: the removal contract, the enumeration of all agreements reached within the
- framework of the removal (including special orders) between the Remover and the Customer.
- The Subcontractor: the contracting party who delivers services to the Remover (packing, loading, road haulage, carriage by rail, sea or air, customs formalities, storage, and deliveries).
- Working days: all calendar days to the exclusion of Friday’s and Government holidays. If a period expressed in working days, ends on a Thursday, the period is extended to include the next forthcoming working day.
ARTICLE 1 – PRICE – WEIGHT – FORCE MAJEURE – PERFORMANCE – CANCELLATION – TAXES
1.1 The volume of the goods and the duration of the order as set out in the removal contract serve as the basis of the removal price. Unless expressly provided otherwise this price is not agreed as a lump sum, and the rate of the enterprise is applicable. The price for any special instructions that may be agreed in accordance with Art. 6 of these conditions is stated in the removal contract (the Order for Service Form).
1.2 The established prices are determined in function of the services delivered each day as defined by law and/or by collective labor agreement. Except in the event of fault on the part of the Remover, all overtime is calculated on the basis of the rate applied by the enterprise. Unless the enterprise applies, other arrangements all overtime in the removal sector is defined as follows:
– Saturday, Sunday, Monday, Tuesday, Wednesday, Thursday after the 8th hour and Friday for entire 8 hours.
1.3 The performance of the contract commences with the preparation of the equipment in the depot of the
Remover. The Remover is only required to supply the equipment necessary to the performance of the contract. The Remover retains the right in all circumstances to use those means of transport and handling that he deems most practical and cheap, insofar the essential elements of the service to be delivered are not affected.
1.4 The party who (prior to the agreed day of performance) declines the performance of the contract, shall
automatically and without formal notice be liable for compensation equal to all damages, losses and costs (everything included and nothing excluded) the co-contracting party has incurred, though with a minimum of:
- 10 % of the amount of the contract price, in case performance is declined more than One week prior to the agreed date of performance or AED 250 minimum,
- 25 % of the amount of the contract price, in case performance is declined less than Two days prior to the agreed date of performance or AED 750 minimum,
- 35 % of the amount of the contract price, in case performance is declined less than One day / 24 hours prior to the agreed date of performance or AED 1,250 minimum,
- 50 % of the amount of the contract price, in case performance is declined post packing and removal.
1.5 The transport of removal goods and/or furniture to a place of storage is subject to these conditions. Provisions
specific to the storage of removal goods and/or furniture are set out in the FUSION RELOCATIONS – General Terms and Conditions for Safekeeping/Furniture Storage, which constitute part of the offer and the storage contract,
where these conditions are comprised.
1.6 The removal price includes the value added tax (VAT), if applicable, and all other taxes and costs of services
that the Customer is additionally required to pay.
ARTICLE 2 – THE OFFER/QUOTATION
Any offer or tender issued by the Remover, in whatever form, is free of any obligations and is not binding upon the Remover as long as no explicit and signed agreement from the Customer has been received.
ARTICLE 3 – SUBCONTRACTING
The Remover is free to partially or entirely subcontract the agreement to third parties – Subcontractors, unless this possibility is explicitly ruled out by the Customer in writing at commencement.
ARTICLE 4 – INTERNATIONAL REMOVALS
In addition to the provisions set out in the other articles of these General Terms and Conditions for Removal this article refers solely to a removal to or from United Arab Emirates, or between UAE country and a third country.
4.1 PRICE – WEIGHT
4.1.1 The removal price, including a lump sum price for the removal, is calculated on the basis of the rates of the Subcontractors and current currency exchange rates. Regardless of the exchange rate at the time of the formation of the contract, it is the rate applied by the Subcontractors upon the performance of the contract that is the sole applicable rate. Price revisions may occur in consequence of rate revisions by a Subcontractor or Subcontractors in accordance with the procedures communicated upon the signing of this contract, independently of the will of the Remover or the mere will of the Subcontractor, on the basis of the elements listed in these terms and conditions (e.g. fuel costs, legally binding central labour agreements, rail freight rates, ocean or air freight rates, currency exchange fluctuations, etc.). The reasons for the price revision must be communicated to the Customer as soon as they are known to the Remover. This applies to increases as well as to reductions in price.
4.1.2 The weight of the goods which can be transported by rail, inland waters or over sea in containers or sea containers is determined at a maximum of 100 kg per m³. All excess weight shall be invoiced separately per unit of 100 kg or a fraction thereof. The weight of goods carried by road is set at a maximum of 100 kg per m³. All excess weight shall be charged for separately per unit of 100 kg or a fraction thereof. For goods which are transported by air freight, a different freight cost rate calculation applies. The freight costs are influenced by the amount of space that the consignment takes up, i.e. the dimensional weight, in which 1 kg of freight may contain a maximum of 6.000 cm³. If the real weight is greater, then it serves as the calculation basis for the rate.
4.2 TAXES – CUSTOMS – INFORMATION
The taxes associated with international removals are separately billed to the Customer. Should it not be reasonably possible to know these at the time of the formation of the contract they will be billed to the Customer subsequently.
4.2.1 The Customer is required to hand over or deliver to the Remover all documents necessary for the shipment, receipt and customs formalities of the goods. If necessary, the Customer shall present himself in person to the customs authorities upon the first request. The customs formalities are always carried out on the basis of the information and the documents supplied by the Customer. Unless provided otherwise the Remover, or his agent, completes the customs formalities on behalf of the Customer and at his expense.
4.2.2 The Customer bears full responsibility for the information he provided, both in respect of the administration, and in respect of the Remover or any other third party. He and he alone shall bear all the consequences that may arise from fraudulent, incomplete, late, or accidentally mistaken information and/or documents. He shall compensate the Remover for all costs incurred in consequence of same.
ARTICLE 5 – OBJECTS EXCLUDED FROM REMOVAL
5.1 Unless expressly agreed otherwise and in writing, the Customer is prohibited from presenting the following objects to the Remover for removal:
- a) narcotics, weapons;
- b) goods which are subject to permission;
- c) objects made of gold, precious metals, paper currency, old coins, securities, certificates of entitlement, postage
- d) fur, living animals, plants;
- e) liquids presenting a generally known risk of fire, explosion or damage to other goods such as phosphorous, petrol (gasoline), coal, matches, dyes, batteries, acids, or caustic substances;
- f) in general, any substances or liquids likely to cause damage to the equipment or to the goods being shipped;
- g) property/effects that are explicitly forbidden in the country of destination.
5.2 All risks, loss or damage arising from a failure to comply with this provision shall in all cases be borne by the Customer. The Customer will compensate the Remover and indemnify it from any amount that is claimed from the Remover by third parties due to the disregard of this stipulation.
ARTICLE 6 – SPECIAL REQUESTS
The Remover may, at the request of the Customer, carry out certain works associated with the removal such as the removal and placing of carpets, curtains, mirrors, pictures and lighting fixtures, the collection and lowering of furniture through windows, transport of pianos, strongboxes and other equipment, and the packing and unpacking of wine. The special instructions to be performed and their price are set out in the removal contract. In such cases the Remover enters into a contract to make resources available and to perform his best efforts but without guaranteeing any result.
ARTICLE 7 – PACKING
All packing materials that are not returned by the Customer upon the completion of the removal, automatically and without formal notification give right to compensation by reason of loss of use and for the associated costs of recovery as calculated on the basis of the company’s fee structure
ARTICLE 8 – PACKING AND UNPACKING – INVOICING
Unless provided otherwise the packing work carried out the day before the removal is charged separately. The same applies to the unpacking work carried out once the removal has been completed.
ARTICLE 9 – PERSONAL OBJECTS
Personal objects and underwear must be packed by the Customer without any intervention by the Remover. Any risks, loss or damage arising from a failure to comply with this provision shall in all cases be borne by the Customer.
ARTICLE 10 – SPECIAL OBLIGATIONS OF THE CUSTOMER AND INVENTORY
10.1 The removal prices are calculated on the basis of the information provided by the Customer. The Customer is consequently required to accurately provide all necessary or useful information to the Remover upon the latter’s
request, allowing the Remover to form an accurate idea of the circumstances in which the contract must be performed (packing, loading, transport, unloading, etc.). In particular, the Customer must draw the attention of the Remover to the nature of the goods, including pointing out valuable or heavy items, or objects that require special handling (such as antiques and art objects) without this summary being in any way exhaustive. He/She/It must indicate in sincerity all factors that may have an influence on the normal workload or which could increase the degree of difficulty. In this context, the Customer must accurately indicate the location and lay-out/ arrangement of the buildings. He/She/It must indicate whether there is an easy access for the removal vehicle and access to the residence,
whether there are any embankments that must be surmounted, or whether there are unpaved roads, ditches, or other obstacles that must be traversed, whether the stairs are sufficiently wide, whether there is a lift and whether such may be used by the Removers, etc… All consequences and additional costs arising from a failure to provide a full disclosure, negligence or errors in this respect by the Customer or his/her/its representative shall be borne by the Customer.
10.2 The Customer or his/her/its representative must be present for the entire duration of the works: packing, loading, unloading, including the time used for refreshment and/or rest. If the Customer, his agent or representative nevertheless leaves the residence during the duration of the works, the Remover shall in no event be liable for any claim that allegedly occurred during this absence or that is a result of the absence of the Customer, his/her/its agent or representative. The Customer or his agent must personally ensure that nothing has been left behind in the home that he is leaving. He alone bears the consequences of a failure to comply with these provisions.
10.3 Should the Customer wish to draw up a contradictory inventory of the goods to be moved, he must expressly instruct Remover to this effect. The latter will designate a special employee for this purpose. The costs of the preparation of the inventory are borne by Customer and will be communicated to him in advance. Any other inventory supplied to the Remover will engage the liability of Remover in any way whatsoever.
10.4 The Customer or his/her/its representative must take all necessary measures to ensure that the Remover’s vehicles can be unloaded immediately upon arrival. Any consequences and additional costs arising from a failure to take such measures shall be borne by the Customer.
10.5 Customer shall bear the costs for the necessary reservation of parking space for the removal vehicles and lifting equipment, should this be required by local police regulations. Should the Remover offer its services for this purpose, the costs of same will be borne by the Customer.
10.6 Any delay caused by or due to the Customer or his/her/its representative gives rise to payment of
compensation by the Customer to the Remover if, as a consequence of the immobilization of equipment and personnel, the contractually agreed removal price no longer covers the hours worked. In this event the compensation is equal to the difference between the contracted price and the actual price (taking into account, among other things, the actual worked hours), plus any damages, losses and costs (everything included and nothing excluded) that the Remover suffered by the delay. In the event the Customer is a Consumer, the compensation by the Consumer to the Remover, is in conformity with the previous section limited to 20% of the removal price.
ARTICLE 11 – SPECIAL LIEN AND RIGHT OF RETENTION
11.1 The Customer assign to the Remover (1) the right of retention on the all goods entrusted by him to the Remover according to the removal order and (2) the entire rights provided for in accordance with the United Arab Emirates Law.
The Remover may exercise its right of retention and lien on these goods as a guarantee for all claims it might have and shall have even if these claims have an origin other than the removal order that was issued.
11.2 In any case, the Customer gives his explicit permission to the Carrier to take away his equipment after two (2) days of idle time, and to place the transported goods in the storage spaces or warehouses. It takes place at the sole expense and risk of the Customer, concerning to the subsequent deliveries as well. If a time of storage in the storage spaces or
warehouses last more than one (1) month, and the Customer still fails to take the necessary measures within eight (8) working days following a registered letter forwarded by the Remover, the Customer explicitly authorizes the Remover to sell the goods in the name and for the account of the Customer.
11.3 In the event of a failure to comply with the terms and conditions of payment stipulated in the Art. 14 and /or 15, in consequence of which the Remover is required to invoke his lien and/or right of retention, the Customer shall be liable for all additional costs, such as the costs relating to storage, custody and demurrage.
ARTICLE 12 – LIABILITY OF THE REMOVER
12.1 Except in the event of force majeure, circumstances beyond the control of Remover and in the situations set out in Art. 12.5 the Remover is liable for losses and damage affecting to the objects that are the subject of the removal as well as for damages resulting from delay that are exclusively caused by the Remover, but not for delays caused by third parties and/or resulting from force majeure (such as not limited to traffic jam, breakdowns etc). The term “delay” is understood to mean:
− for removals within United Arab Emirates:
a delivery that is at least 24 hours later than the agreed time of delivery, not including the time required for the journey.
− for a removal to a foreign country:
a delivery that is at least 72 hours later than the agreed time of delivery, not including the time required for the journey.
12.2 Except in the event of force majeure, circumstances beyond the control of parties and the situations set out below in Art. 12.5 the Remover is liable for its Subcontractors, for losses and damage caused to objects that are part of the removal and for late delivery as defined in Art. 12.1 caused by its Subcontractors.
12.3.1 Acceptance by the Customer of the goods that are part of the removal without any written notice of default or protest at the latest at the time of delivery, in case of non-visible damage or losses within the two (2) days following the delivery, not including the day of delivery, shall be considered proof that the goods were delivered in the same condition as at the time of their reception by the Remover.
12.3.2 Without prejudice to the applicable rules of mandatory law regarding the expiration of claims (by action of time), any claims in respect of the Remover shall expire one (1) year after the moment of determination of the damage and/or shortages, in the event of dispute in this regard one (1) year after the invoice date.
12.4 In all cases the burden of proving the liability of the Remover rests with the Customer. Every complaint in respect of the Remover by the Customer must, on pain of expiry, be the subject of a reservation formulated by the Customer on the document submitted to him at the time of delivery. The complaint made in confirmation of said remarks shall be sent by Customer to the Remover in a registered letter at the very latest within two (2) working days following the delivery, not including the day of delivery.
12.5 The Remover is in all cases relieved of all possible liability in respect of the removal and handling of furniture, equipment and objects that have been packed and/or unpacked by intervening parties other than the Remover or its Subcontractors, and of all damage and losses arising during the removal that are attributable to the Customer, a family member, his/her/its representative or a third party, including all damage to buildings caused by such persons.
12.6 The Remover is in particular not liable for the direct or indirect consequences of war, terrorist attacks
revolution, civil and political unrest, riot, strike, epidemic, quarantine, lightning stroke, fire, flood, snow, ice, storms, the closure of thaw barriers, the use of short cuts, waits in stations, airports, or customs, etc. when such circumstances are insuperable and make the proper execution of the removal impossible.
12.7 The Remover acts as a responsible professional in the removals sector and takes all those measures which, depending on the circumstances, are in the best interests of his Customer. All reasonable costs arising from aforementioned events that the Remover has had to incur shall be borne by the Customer.
12.8 In the event of loss or damage to the items that are the subject to the removal due to the error of the
Remover, its liability is limited to the amount of AED 500 per cubic meter of the lost or damaged items, subject to a deduction of an excess AED 1,000 payable by the Customer for each removal order.
12.9 In the event of late delivery the liability of the Remover is limited to no more than 10 % of the removal price. Should there be a delay in delivery, compensation is only payable if the Customer can show that he has suffered a loss as a result and that a complaint has been submitted by means of a registered letter to the Remover sent within two (2) days.
12.10 In the event the Customer is a Consumer, and in the event the liability of the Remover is determined in conformity with Art. 12.1 or 12.2 and the Customer proves that damages occurred as a consequence hereof, the compensation as described in Art. 12.8 and/or Art. 12.9 is payable within thirty (30) days after written notice, failing which a conventional compensating interest of 10% is due, counting from the date of the written notice, as well as a flat and irreducible compensation equal to 10% of the principal amount of the substantiated damage- with a minimum of AED 500.
12.11 The Customer may in no event suspend, in whole or part payment of the amounts due to the Remover on account of any claim or settlement for alleged loss, damage or delay.
ARTICLE 13 – “ALL RISK” INSURANCE
13.1 The Customer may request the insurer to cause the goods that are the subject of the removal to be insured for “all risks”, namely theft, damage, loss, fire, etc., in accordance with the general conditions of insurance in the framework of a floating policy that the Remover has subscribed with his insurer. The insurance value of the objects that are the subject of the removal is understood to mean “in total value” – where relevant subject to the application of the proportionality rule – which must correspond to the replacement value of the entirety of the goods to be removed and in the current condition in which they are to be found.
13.2 The Customer is free to select his own insurer. In that case he undertakes to enter into an insurance policy without any excess, whereby the risks covered and the insured value correspond to that which is set out above. The Customer undertakes to obtain a “waiver of recourse” from his insurer in favour of the Remover. Should the Customer fail to provide proof of such insurance, the Remover may refuse to perform the removal.
13.3 Should the Customer not give any express instructions (in writing) to the Remover to arrange insurance, the Remover is entitled to assume that the Customer has insured the goods himself in accordance with the obligations set out in Art. 13.2.
13.4 In the event of Insurance not being taken, please note the entire move will be carried out on the customer/owner’s risk only. We would not be held responsible for any breakages, damages, loss and non-delivery.
ARTICLE 14 – TERMS AND CONDITIONS OF PAYMENT FOR REMOVALS WITHIN UNITED ARAB EMIRATES
14.1 The invoices of Remover are considered to be accepted unless written protest is received within eight (3) days of the invoice date.
14.2 All invoices for International Removals must be paid within three (3) days of the invoice date unless expressly agreed otherwise and without any discount or charge in respect of the Remover.
All invoices related to local moving services must be paid prior to the actual packing and removal date. All invoices for Corporate approved relocations must be paid within the agreed payment terms along with a valid Purchase Order or written approval by email confirmation. All invoices related to storage services must be paid in advance which is 1 month for short term duration (1 to 3 months) and 3 months for long term duration (4 months and more).
14.3 In the event of non-payment within aforesaid payment period, contractually agreed interest for late payment equal to 10% will be payable – automatically and without any prior notice of default – counting from the invoice date, as well as an automatic and irreducible compensation by reason of administrative costs of 10% of the amount of the invoice, with a minimum of AED 500.
14.4 In the event of the non-payment of an invoice on the due date, all outstanding sums shall become immediately payable.
ARTICLE 15 – TERMS AND CONDITIONS OF PAYMENT FOR REMOVALS TO A FOREIGN COUNTRY
15.1 The Customer must pay the invoices and/or any due amount in full to the Remover at the very latest three (3) days prior to the departure of the goods from United Arab Emirates.
15.2 The Remover reserves the right in respect of those goods for which the price has not yet been paid to suspend the delivery of the goods until such time the Customer complies with his/her/its obligation to pay. Any additional costs (demurrage, storage, duties, taxes, accessorial charges if applicable and custodial costs) are payable by Customer and must be settled together with the outstanding removal price before the goods subject of the removal shall be delivered.
15.3 In the event of non-payment within aforesaid payment period contractually agreed interest for late payment will be payable automatically and without any formal notice of default of 10 % counting from the invoice date as well as an automatic and irreducible penalty by reason of administrative costs of 10% of the amount of the invoice, with a minimum of AED 500.
ARTICLE 16- INVALIDITY
Any invalidity of one of the provisions of these conditions shall never give rise to the invalidity of the remaining provisions, and these shall continue to have undiminished effect.
ARTICLE 17- REFUNDS & CANCELLATIONS
Thanks for shopping at Fusion Relocations. We appreciate the fact that you like to buy the stuff we build. We also want to make sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our products.
As with any shopping experience, there are terms and conditions that apply to transactions at Fusion Relocations. We’ll be as brief as our attorneys will allow. The main thing to remember is that by placing an order or making a purchase at Fusion Relocations, you agree to the terms set forth below along with Policy.
If there’s something wrong with the service you bought, or if you are not happy with it, you will not be able to issue a refund for your item.
Sadly, there are times when we may not have the product(s) that you choose in stock, or may face some issues with our inventory and quality check. In such cases, we may have to cancel your order. You will be intimated about it in advance so that you don’t have to worry unnecessarily about your order. If you have purchased via Online payment (not Cash on Delivery), then you will be refunded once our team confirms your request.
We carry out thorough quality check before processing the ordered item. We take utmost care while packing the product. At the same time, we ensure that the packing is good such that the items won’t get damaged during transit. Please note that Fusion Relocations is not liable for damages that are caused to the items during transit or transportation.
We follow certain policies to ensure transparency, efficiency and quality customer care:
– We DO NOT allow returns on sold products or services – online or in retail outlets.
– We DO NOT accept returned goods, as we believe that customers should get the best quality products.
– Refunds are NOT given for any purchases made – be they online or in retail store.
– We DO NOT encourage exchanges of our products or services.
– We DO NOT engage in reselling used products and discourage the same, because we cannot ensure the best quality products for our customers.
– If you cancel the order before we pack your goods, a refund can be processed. Orders generally take 3 – 5 working days to process before dispatch. Deductible fee of 10% to 25% apply subject to the amount. Once container is pulled out for loading, there cannot be any refund request made.
– Orders already in shipping cannot be returned, canceled or refunded.
– Any advance booking fee payments made prior the move date will not be refunded less than 1,000 AED.
– Any payments made online or at our retail outlets after the service have commenced, cannot be refunded.
By using our website, registering an account, or making a purchase, you hereby consent to our Return & Refund Policy and agree to its terms.
Changes To Our Return & Refund Policy
Should we update, amend or make any changes to this document so that they accurately reflect our Service and policies. Unless otherwise required by law, those changes will be prominently posted here. Then, if you continue to use the Service, you will be bound by the updated Return & Refund Policy. If you do not want to agree to this or any updated Return & Refund Policy, you can delete your account.
If, for any reason, You are not completely satisfied with any good or service that we provide, don’t hesitate to contact us and we will discuss any of the issues you are going through with our product.
– Via Email: [email protected]
– Via Phone Number: 800-387466
– Via this Link: https://fusionrelocations.com/
– Via this Address: Fusion Relocations API World Tower, 23rd Floor, Sheikh Zayed Road, Dubai, UAE
ARTICLE 18 – DISPUTES, APPLICABLE LAW AND JURISDICTION
18.1 DIFC Dubai, UNITED ARAB EMIRATES Law is exclusively applicable to any and all contracts and agreements between the Remover and the Customer.
18.2 The court of the place of residence of the Remover shall have exclusive jurisdiction to hear all possible disputes between the Remover and the Customer without prejudice to the right of the Parties to submit any dispute arising between them to the Court in accordance with the rules on exclusive place of jurisdiction as provided under the applicable law.