General Terms and Conditions

1. APPLICATION

1.1 These terms and conditions are applied to the products and services sold and produced by Niemi Services Ltd (parent companies and subsidiaries included). Niemi Services Ltd (parent companies and subsidiaries included) will hereinafter be referred to as ‘Niemi’. A company or a natural person who is renting products, using services, or renting storage space is hereinafter referred to as the ‘Customer’.

1.2 Niemi’s statutory responsibility for movable property is based on the Road Haulage Contracts Act (in Finnish Tiekuljetussopimuslaki) and the General Conditions of the Nordic Association of Freight Forwarders (NSAB 2015). If the NSAB (2015) conditions and these general terms and conditions are in conflict, these general terms and conditions will prevail.

1.3 Services, assignments, and work performances entail all events in which Niemi or a subcontractor of Niemi delivers employees, equipment, working methods, plans, etc. to the Customer for the performance of work.

2. RENTAL PRODUCTS

2.1 The rental period begins from the day the rental products are sent or picked up from the Niemi warehouse and ends the day they are returned to the warehouse, including the days mentioned.

2.2 The customer can either collect the products from the Niemi location or return them to the Niemi location during its opening hours or order delivery and collection of the products. A separate delivery or collection fee will be charged for each part-delivery. The delivery and collection times indicated on the order confirmation are binding.

2.3 If the Customer is unsatisfied with the products delivered, their number or quality, or the rental terms, the Customer must inform Niemi of this by the next business day, at the latest, and before the rental products are used. Similarly, when returning the products, the Customer must report by the next business day if they have complaints about the number of products or a similar matter.

2.4 The Customer is responsible for the rental products for the duration of the rental period. Niemi will charge the Customer for missing or damaged products according to Niemi’s product price list.

2.5 If the Customer breaches the terms of this agreement, Niemi will be entitled to terminate the agreement immediately and have the rental products returned to its premises at the Customer’s expense.

2.6 The Customer must collect and return the rental products ordered from the online store at the times specified in the order. If the customer does not comply with the pick-up and return times specified in the order, Niemi shall be entitled to an additional charge.

3. PRODUCTS FOR SALE

3.1 The Customer may either collect the Products from the Niemi site or return them to the Niemi site during its opening hours, or order delivery and collection of the Products. A separate delivery or collection fee will be charged for each partial delivery. The delivery and collection times indicated on the order confirmation are binding.

3.2 Products sold have a 14-day right of return. If the Customer is not completely satisfied with the products delivered, their quantity or quality, the Customer must notify Nieme within 14 days of receipt of the products.

3.3 The Customer shall return the Products to Niemi within 14 days of the date of the return notification, either by delivering the Products to Niemi’s premises or by ordering Niemi to collect the Products. A separate collection fee will be charged for the collection. The customer is responsible for the return costs.

3.4 The returned product must be unused and in its original packaging.

4. ORDERING THE REMOVAL SERVICE FROM THE ONLINE SHOP

4.1 Niemi undertakes to move only the movable property specified by the Customer on the order form.

4.2 Removals ordered from the online shop do not include intermediate stops at other addresses. Niemi undertakes to carry out the removal only between the addresses indicated by the Customer on the order form.

4.3 The Customer is responsible for packing and protecting the movable property in accordance with Niemi’s packing instructions. If the Customer has not complied with Niemi’s packing instructions, Niemi shall be entitled to additional charges or suspension of the work.

4.4 The Customer has the right to cancel the work free of charge if the cancellation is made at least five working days, including the date of notification, before the Work is due to commence. The delivery of rental and sales products prior to the move shall also be deemed to be Work.

4.5 If the work is cancelled less than five working days before the agreed start date, Niemi shall be entitled to charge 50% of the price of the service package. If the work is cancelled after it has begun, Niemi shall be entitled to charge 100% of the price of the service package.

5. STORAGE SERVICES

5.1 Storage’ refers to all cases for which a storage agreement has been made and in which Niemi has received goods. Other events, such as the Customer’s goods being in a removal vehicle overnight, shall not be regarded as storage.

5.2 The rental period for storage is charged for each commenced day of storage, including the days the goods enter and exit storage.

5.3 A handling fee according to Niemi’s price list will be charged for each time items are brought to or picked up from storage or the storage space is otherwise visited. The fee is not charged if the delivery or pick-up is carried out with a Niemi vehicle.

5.4 Niemi insures the goods to be stored for theft, fire, and water damage according to the value reported by the Customer at the time of signing the agreement. If the Customer has not reported the value of the goods to be stored, the insurance will not be valid. The applicable value of the items is their current value. The insurance will not cover money, securities, precious metals, jewellery or similar. If the Customer’s own home insurance covers storage, the Customer must inform Niemi of this before the agreement is signed.

5.5 Only dry items may be stored in Niemi storage.

Niemi storage facilities must not be used to store food or explosive, flammable, environmentally hazardous or other harmful goods. If the goods stored may, in Niemi’s assessment, be hazardous to people, property or the stored goods of other Customers, Niemi will be entitled to immediately remove the goods from its storage facilities. The Customer must not store goods that significantly deviate from what is considered normal goods to be stored in terms of their value and quality: e.g. furs, gems, firearms, ammunition, medications, food, products of animal origin, plants, hazardous or harmful substances, cash and other valuables or items sensitive to changes in temperature.

5.6 Niemi is not liable for direct or indirect damage to the Customer’s goods if the damage is caused by pests or other similar reasons. The Customer is aware that other Customers’ goods can be stored in the same facilities, which may reduce the quality of indoor air or the stored goods in the facilities. Niemi is not liable for damage or inconvenience caused to the Customer by other Customers’ goods or breaches of contract. If the Customer has packed the goods to be stored themselves, the Customer will be responsible for the packing of the goods so that they do not cause damage to other goods stored in the same facilities.

5.7 If the rent due or part of the rent has been unpaid for a month, at the minimum, Niemi has the right to consider the agreement terminated starting from the day of receipt of the termination notice sent to the Customer. The day of receipt is the seventh day from the notice or other correspondence being posted to the last address reported by the Customer, or the third day after it has been electronically sent to the last email address reported by the Customer.

5.8 Niemi is not obliged to hand over the stored goods or a part of them to the Customer if the Customer has even partly unpaid invoices. The Act on Trader’s Right to Sell Unclaimed Goods (15.7.1988/688) is also applied to the storage agreement.

5.9 As for storage services, Niemi will comply with the General Conditions of the Nordic Association of Freight Forwarders (NSAB 2015). If the NSAB (2015) conditions and these general terms and conditions are in conflict, these general terms and conditions will prevail.

6. SERVICES AND WORK PERFORMANCE AND THE RELATED BASIS FOR INVOICING

6.1 The Customer will be invoiced for the service based on the prices specified separately.

6.2 If Niemi invoices the Customer based on unit prices, the Customer will be charged for each 15 minutes or part thereof. The minimum charge is for 60 minutes, unless otherwise agreed. The charge is based on the time spent, starting from the time Niemi employees leave the office to the time they return to the same office. This also includes the loading and unloading of materials and equipment required for the job, as well as any goods coming into or going out of storage.

6.3 During the working day , Niemi employees are entitled to rest periods and breaks according to the legislation on working hours. The breaks are charged based on the unit prices. An assignment of over six hours includes a rest period of 30 minutes. Assignments under six hours but over four hours include a break of 15 minutes. Assignments over eight hours include a rest period and two breaks. For assignments over ten hours, the employees are entitled to one additional rest period.

7. CANCELLATION POLICY

7.1 For domestic assignments, the Customer is entitled to cancel the order free of charge if the cancellation is made at least five business days, including the date of the cancellation, prior to the commencement of the assignment, unless otherwise agreed.

7.2 If a domestic assignment is cancelled less than five business days before the commencement of the assignment, Niemi is entitled to charge the Customer a fee corresponding to five hours of the capacity reserved for the work in question. If the assignment is cancelled after the work has begun, Niemi is entitled to charge the Customer for the entire time spent on the work as well as the fee corresponding to five hours of work. Does not apply to orders made in the online shop, see section 4.5.

7.3 If an international assignment is cancelled after the order has been confirmed, Niemi is entitled to charge the Customer 550 euros as an administration fee. If the international assignment or the related work is cancelled less than ten days prior to its commencement, Niemi is entitled to charge the Customer a fee corresponding to five hours of the capacity reserved for the work at the point of origin, in addition to the administration fee. If the international assignment or the related work is cancelled after the work has begun, Niemi is entitled to charge the Customer a fee corresponding to five hours of the capacity reserved for the work, in addition to the administration fee and other costs incurred from the assignment. In case of such a cancellation, the responsibility for the goods is transferred to the Customer.

8. FORCE MAJEURE AND OTHER SPECIAL CIRCUMSTANCES

8.1 Niemi must inform the Customer of any force majeure without delay. A force majeure entitles both Niemi and the Customer to withdraw the assignment; however, the Customer will commit to paying for the work carried out so far. Niemi will not reimburse the Customer for additional costs caused by a force majeure.

8.2 Niemi will not be liable for the costs caused by the assignment being delayed if the costs are due to reasons beyond Niemi’s control, such as weather conditions, traffic congestions or an accident.

8.3 If the Customer has Niemi carry out work outside of the order, the volume of the Customer’s goods exceeds what was reported in advance, the crew has to wait for access to the location, the moving conditions are more challenging than what was reported in advance, or if any other factor affecting the execution of the assignment differs from what was agreed upon the order either in writing or verbally, Niemi will be entitled to charge the Customer separately for such work.

8.4 A written list must be submitted for art or antique items, and the list must specify the item values and their certificates of authenticity, proof of purchase or valuer’s statements.

9. RESTRICTIONS RELATED TO TRANSPORT

9.1 Niemi vehicles may not be used to transport animals.

9.2 Niemi vehicles may not be used to transport items that are hazardous or disruptive for people or property, such as explosives or flammable, corrosive or malodorous goods.

9.3 The Customer must prepare firearms and ammunition for transport according to the Firearms Act

9.4 For international cargo, there is a separate list of prohibited items in transport. The list can be delivered to the Customer upon request.

9.5 In addition to its own terms and conditions, Niemi will also follow the terms and conditions of any subcontractors and other applicable international terms, conditions, and regulations.

10. OCCUPATIONAL SAFETY

10.1 If there are safety matters deviating from normal working conditions that need to be taken into account in the work assigned to Niemi, e.g. working conditions, the goods or the Customer’s facilities, the Customer must inform Niemi of this before the commencement of the work.

10.2 If Niemi employees notice factors that endanger occupational safety, they have the right to immediately stop the work. In such cases, Niemi is entitled to charge the Customer for the time spent on the work; the minimum fee charged will correspond to five hours of the capacity reserved for the work in question.

10.3 Niemi will always follow its occupational safety instructions, the Working Hours Act and the Occupational Safety and Health Act and the decrees on driving time and rest periods.

11. COMPLAINTS AND LIABILITIES FOR DAMAGE

11.1 If the Customer’s goods or other property are damaged during the work or service carried out by Niemi, the Customer must file a written complaint with Niemi within a reasonable time and without delay. The complaint must specify the damage suffered and include a claim for compensation or replacement. Corporate Customers must file a complaint within 7 (seven) days. Consumer Customers must report the damage within two weeks, as a general rule. If this process has not been followed, Niemi will be exempt from liability.

11.2 The Customer must handle the complaint without delay throughout the process. If this process has not been followed, Niemi will be exempt from liability.

11.3 Niemi employees and the Customer must be able to clearly specify the incident (damage, gross negligence, delay, etc.) resulting in damage to the goods or property, or in the delay or altered duration of the work. If the incident cannot be mutually specified, the damage is not eligible for compensation.

11.4 Niemi’s statutory responsibility for goods being transported is based on the Road Haulage Contracts Act (in Finnish Tiekuljetussopimuslaki). In case Niemi is liable for the damage, the compensation is calculated based on the fair value of the damaged goods. The liability for damage is restricted to no more than EUR 20/kg for domestic transport and SDR 8.33/kg for international transport (per kilogram of gross weight short). The Customer may improve their compensation coverage by taking out a separate one-time transport insurance for the assignment.

11.5 For other parts, when Niemi is liable for the damage, the compensation will comply with the General Conditions of the Nordic Association of Freight Forwarders (NSAB 2015). The liability for damage is restricted to no more than SDR 8.33/kg (per kilogram of gross weight short).

11.6 When determining the fair value, factors such as the age, condition and usability of the item will be considered. The fair value does not refer to the purchase price, but to the market price that several individuals would be willing to pay for the item.

11.7 Niemi has the right to primarily attempt to rectify the error. However, Niemi has the right to refuse rectification and alternatively compensate for the damage with a one-time payment.

11.8 Niemi’s liability for damage does not apply to sentimental value, indirect damage, time lost or other similar losses. The liability for damage also does not cover loss of warranty on the goods to be moved or installed and disassembled. In case of cosmetic damage, the compensation will cover the loss of value caused by the damage.

11.9 Niemi’s liability for damage excludes all electrical or IT-related cases of damage, such as file backups, destruction of software and files, damage due to cables or similar being connected/disconnected in the wrong place, a device malfunctioning without external damage and other comparable cases of damage.

11.10 Niemi’s liability for lost goods is restricted by the Road Haulage Contracts Act. In this case, it is the Customer’s responsibility to prove that the lost goods were held by Niemi.

11.11 Niemi’s liability for damage may be reduced or removed altogether if any of the following can be proven:

• (i) The Customer has neglected the appropriate packing of the goods or the protection of premises and floors. Appropriate packing of goods and protection of premises and floors refer to actions in accordance with Niemi’s instructions. Packing the goods and protecting the premises and floors is the Customer’s responsibility unless otherwise agreed.
• (ii) The condition of the goods does not allow for them to be transported exercising normal caution, e.g. significantly poor condition or incorrectly assembled furniture.
• (iii) The goods are particularly vulnerable to changes in temperature or humidity, e.g. plants or specialised furniture.
• (iv) No clear external damage has appeared on an electronic device during the assignment.
• (v) The Customer has demanded that the work be performed despite the goods requiring specialised installation expertise.

12. GENERAL TERMS OF PAYMENT AND INVOICING

12.1 Rental products and storage services will be invoiced monthly as agreed.

12.2 Niemi reserves the right to adjust its unit prices according to the changing market and cost circumstances.

12.3 The term of payment is 14 days net.

12.4 The interest on overdue payments is the interest rate set by the Bank of Finland at a given time.

12.5 The Customer must provide Niemi with complete billing information before the commencement of work. If billing information has not been provided to Niemi, the work may not be initiated.

12.6 Work and services will be invoiced as agreed, either partially or fully in advance or after the work performance.

12.7 If the invoice needs to be corrected due to reasons attributable to the Customer after the work has been completed or the invoice has been sent, an administration fee of 50 euros will be charged.

 

13. E-commerce orders

13.1 Paytrail Oyj (2122839-7), in cooperation with Finnish banks and credit institutions, is the payment service provider for the e-commerce payment service. Paytrail Oyj appears as the recipient of the payment on the bank statement or card invoice and forwards the payment to the merchant. Paytrail Oyj is a licensed payment institution. In case of complaints, please contact Niemi in the first instance.

Paytrail Oyj, business ID: 2122839-7
Innova 2
Lutakonaukio 7
40100 Jyväskylä
paytrail.com/consumer/information-about-paying

13.2 The customer pays for the products and services ordered from the online store using the payment methods offered by Paytrail Oyj at the time of ordering.

13.3 In case of order returns and cancellations, the refund will be made to the payment method used in the order.

14. OTHER TERMS

14.1 The Customer must inform Niemi of any change in address without delay.

14.2 Niemi may demand advance payment if the Customer has, for example, a negative credit record.

14.3 Dispute resolution will be primarily attempted through negotiations. If, despite every effort, no agreement is reached in the negotiations, the parties will follow the process described below:

• (i) For Consumer Customers, the matter will be resolved in the District Court of Helsinki in Finnish.
• (ii) For Corporate Customers, the matter will be resolved in arbitration according to the arbitration rules of the Finland Chamber of Commerce. The court of arbitration will have a single member, the arbitration will take place in Helsinki, and the arbitration will be conducted in Finnish.