Moving contract, what is it ?
The moving contract is a contract by which a person undertakes, against remuneration, to move goods, by a determined mode of transport. For a time, this contract was assimilated to a contract of carriage, but this is no longer the case. In order to protect the consumer, the legislator has established a special status for professional movers
For the contract to be valid and binding on both parties (the mover and the mover) several steps must be followed. It is mandatory to sign the consignment note and the declaration of value.
do not hesitate to get quotes from several moving companies in order to benefit from the best price and to compete. For this, a technical visit will be organized, in particular to allow the mover to estimate the cost of the operation.
Consignment note, what is it?
The consignment note constitutes the moving contract. It allows you to set the terms of the move. The price but also the missions of the mover will be established in this document.
The missions of the mover may be limited to the simple transport of the objects, in which case it is a transport contract, or also include the missions of packing and unpacking the objects or even the dismantling and reassembly of the furniture, to which case it is a business contract. Depending on the type of mission, the obligations and liability of the mover differ.
The consignment note allows the moving company to justify the authorization to transport the goods of the person who is moving. It must also be signed after the move in order to end the moving contract.
Thus, it must include several information such as:
the volume of goods transported;
the name and address of the customer;
the name and address of the moving company;
the maximum guaranteed amount.
For the guaranteed amount, the declaration of value is also very important.
Declaration of value, what is it?
The declaration of value makes it possible to set the ceiling of the guarantee which will be due by the carrier in the event of damage or loss of the property entrusted. This declaration of value will in effect be the reference document for the amount of the guarantee.
Indeed, the mover is responsible for the damage he causes to the goods transported. It is the person who is moving who must complete this document and return it to the mover at least 3 days before the move. Otherwise, the contract is void.
Particulars to be indicated in the declaration of value:
the total amount of the furniture that will be entrusted to the mover;
the individual amount of the objects which will be transported with a value greater than
This double precision makes it possible to cover more widely the liability of the mover in the event of damage.
when the amount of the guarantee fixed by the mover is lower than the value of the objects, an extension of the guarantee is possible, at the customer’s request, which allows more effective coverage in the event of damage.
Note also that, as long as the consignment note and the declaration of value attached to it have not been signed by the customer, no payment can be imposed by the remover. It is only after the delivery of these two documents that a first payment may be requested. This first payment cannot be equal to the entire amount of the move. It corresponds to a part of the global sum and constitutes a deposit paid by the customer to the mover.
End of the move, what to do in case of damage?
couple with a pile of moving boxes
During the move goods may be missing or damaged. The damage is covered by the declaration of value, but it is necessary to follow a procedure to report the inconvenience noted.
► At the time of delivery: it is important to be present, in order to be able to express reservations.
Read also How to properly plan your move?
► At the end of the move: the client must sign a declaration of end of work, which corresponds to the second signature of the consignment note, in order to end the mission.
It is possible, and even highly recommended, to check with the mover that the removal is in accordance with the consignment note, and to ensure that no item is missing or damaged.
Do not hesitate to make reservations!
It is then possible at this time to issue reservations which are recorded on the declaration of end of work. The fact that the reservations are listed in the declaration of end of work and that the visit is made with the mover, makes his reservations indisputable for the mover, who will be required to reimburse the damage noted at the time of delivery.
if the mover asks you to sign the declaration of end of work, by affixing the mention subject to unpacking, you can refuse. This mention has no value, and will require you to prove that the damage noted subsequently is indeed due to the move. Consequently, you will not benefit from the special and favorable regime of the reservations noted on the declaration of end of work.
Once these reservations have been made, you must send a registered letter with acknowledgment of receipt to the mover, in order to indicate the reservations you have already made on the declaration of end of work, and estimate the amount of compensation you are requesting.
To assess the amount, it is necessary to take into account the declaration of value, made at the start of the move and to rely on external elements such as invoices or expert opinions.
If after delivery other damage is discovered by the customer, he can claim compensation from the remover, within the limit of the declaration of value. He will have to prove that the damage is due to a fault of the mover, without being able to benefit from the special regime of reserves.
How soon should you file your complaint?
The time limit for complaints must be fixed in the removal contract. This period was previously set by law and was three days. From now on, it is therefore the contract that governs this period, which is generally 7 to 10 days. If no deadline is set, the dispute may arise at any time within the period of one year.
Too short a period inserted in the contract can be challenged in court under abusive clauses. If this delay is declared abusive, the removal contract is maintained and the claim may be made as if no delay had been set.
What responsibility of the mover?
Loss or deterioration of the objects transported: the responsibility of the remover may be engaged in the event of deterioration or loss of the objects transported. Report damage or loss to the reserves at the time of signing the end-of-work statement, or afterwards by sending a letter detailing the losses incurred.
Delay of the remover: the responsibility can also be incurred in the event of delay of the remover, at the start or the arrival of the move. The delay must cause real prejudice of a professional or family nature. The damage must be reported in the end of work declaration and this damage confirmed, as for reservations.