Liability of terms and conditions
General terms and conditions:
1. Commissioning a further freight forwarder
The removal company may commission a further freight forwarder.
2. Additional services
The removal company carries out its duties in the interest of the sender with all the due diligence of a removal company for payment of the agreed fee. Payment will also be due for any additional services and expenses not foreseeable when the contract was concluded. The same also applies if the performance scope is expanded by the sender after the contract has been concluded.
3. Consolidated transport
The move can also be performed as a consolidated transport.
4. Monetary tips
Monetary tips cannot be offset against the invoice from the removal company.
5. Reimbursement of removal costs
If the sender is eligible for reimbursement of the removal costs from his firm or an employer, he must instruct this party to pay directly the agreed due costs of the move minus any advanced payments or partial payments to the removal company.
6. Transport safety
The sender has a duty to secure mobile or electronic parts in highly-sensitive devices, e.g. washing machines, record players, TVs, radios, hi-fis and IT systems correctly before transportation. The removal company has no obligation to check whether they have been secured correctly.
7. Electrical and installation work
The people from the removal company are, unless otherwise agreed, not authorized to carry out electrical or gas connections, to fit wall plugs or carry out any other installation work.
8. Provision of craftsmen
In the case of work carried out by other craftsmen provided, the removal company is only liable for careful selection of these craftsmen.
Counterclaims can only be offset against claims by the removal company, if they have been legally determined or are uncontested.
At the request of the claimant, the removal company has a duty to surrender to the claimant all rights resulting from the insurance contract he has concluded.
The furniture company will not be liable for misunderstandings due to instructions differing from the written order confirmations, instructions and information provided by the sender and those given to employees of the furniture company not authorized to accept these instructions.
12. Subsequent check by the sender
When collecting the transported goods, the sender has a duty to check that no object or furniture has mistakenly been taken or left behind.
13. Due date of the agreed fee
The invoice sum for domestic transports is due before unloading is completed, for overseas transports before the start of loading in cash or a similar payment means. Cash payments in the foreign currency must be made based on the invoiced exchange rate. If the sender fails to meet his payment duties, the removal company is entitled to keep the transported goods or place these goods in storage after the start of transportation at the expense of the sender. § 419 is applied accordingly.
14. Cancellation or termination of the contract
At cancellation or termination of the contract, the relevant terms of §§ 415, 346ff HGB are valid.
15. Storage contract
The general terms and conditions of storage of the German Removal Association (ALB) apply to storage contracts. A copy of these terms and conditions can be provided on request.
16. Legal venue
For legal disputes with registered traders arising from this agreement and for claims on other legal grounds relating to the transport contract, the court in the district of the branch office of the removal company that has been commissioned by the sender is exclusively responsible. For legal disputes with persons other than registered traders, sole responsibility applies only in the event that the sender moves his place of residence or habitual abode abroad after the agreement is concluded or if his place of residence or habitual abode is not known when the claim is raised.
17. Choice of Law
German law will apply
Important Information on the Liability of the Furniture Removal Firm, including Liability Agreement and Furniture-in-transit Insurance under Sec. 451g German Commercial Code (HGB)
The forwarder (hereinafter referred to as the “Furniture Removal Firm”) is liable under the Furniture Removal Contract and the German Commercial Code (HGB). These same liability principles apply for the transport of removal goods from a destination to a destination outside of the Federal Republic of Germany. This is also the case even if different types of means of transport are used.
2. Liability Principles
The Furniture Removal Firm is liable for damage incurred because of the loss of or damage to the removal goods in the period from the acceptance of such goods for conveyance to their delivery or if the delivery period has been overrun (duty to exercise proper care).
3. Maximum Liability
The liability of the Furniture Removal Firm for loss or damage shall be limited to the amount of EUR 620,00 per cubic metre cargo spacerequired for performing the contract. The liability of the Furniture Removal Firm for delayed delivery dates shall be limited to third times of the amount of freight. Should the Furniture Removal Firm be liable for the breach of a contractual obligation in connection with carrying out the removal for a loss not caused by the loss of or damage to the removal goods or because of the failure to comply with delivery dates, and if this is a loss other than property damage or personal injury, liability shall be limited in such cases to three times the amount which would have been paid for the loss of the goods.
If the removal company has to pay compensation for loss, the value at the place and time of admission to the carriage must be replaced. With damage to the goods, the difference between the value of the undamaged material and the value of the damaged goods to be replaced. It depends on the place and date of acceptance of the goods for carriage. The value of household goods shall be governed generally by the market price. In addition, the cost of claims assessment must be replaced
5. Exclusion of Liability
The Furniture Removal Firm is released from its liability if the loss of or damage to the removal goods or the failure to comply with the delivery period is based on circumstances which the Furniture Removal Firm would have been unable to prevent even when using the greatest possible care (inevitable circumstance beyond anyone’s control).
6. Special Grounds for Excluding Liability
The Furniture Removal Firm shall be exempted from liability if the loss or damage is attributable to one of the following risks:
1. transport of precious metals, jewels, precious stones, money, stamps, coins, securities or documents
2. insufficient packaging or labelling by the sender
3. handling, loading or unloading of the removal goods by the sender;
4. transport of goods not packed by the Furniture Removal Firm in containers;
5. loading and unloading of removal goods whose size or weight does not correspond to the size of the available space at the point of loading or unloading if the Furniture Removal Firm has advised the sender of the risk of damage in advance and the sender has insisted that performance be rendered;
6. transport of livestock or of plants
7. the natural or defective condition of the removal goods which means that they will be easily susceptible to damage, particularly breakage, malfunctions, rust, internal decay or leakage. If damage has occurred which could have been caused by one of the circumstances listed in items 1 – 7 above, it shall be assumed that the damage has occurred because of such risk. The Furniture Removal Firm may only claim the special grounds for the exclusion of his liability if he has undertaken all of the measures required under the circumstances and has complied with special instructions. Compensation of Value If the Furniture Removal Firm must pay damages for the loss of removal goods, the value at the location and time of the acceptance of the goods for transport shall be paid. In the event of damage to the goods the difference between the value of the undamaged goods and the value of the damaged goods shall be paid. The value at the location and time of the acceptance of the goods for transport shall govern such determination. The value of the removal goods shall be generally determined by the market price. In addition, the costs of assessing the damage shall be paid.
6. Non-contractual Liability
The exemptions from and restrictions of liability shall also apply for non-contractual liability claims of the sender or the recipient against the Furniture Removal Firm for the loss of or damage to the removal goods or for the failure to comply with delivery dates.
6. Inoperation of Exemption from Liability and Limitation of Liability
The exemptions from and limitations of liability shall not apply if the damage is attributable to acts oromissions committed intentionally or recklessly by the Furniture Removal Firm in the awareness that damage will most likely occur.
9. Liability for Workers
If damage claims are raised under non-contractual liability against one of the Furniture Removal Firm’s workers for the loss of or damage to the removal goods or the failure to comply with delivery dates, such worker may also invoke the aforementioned exemptions from and limitations of liability. This shall not apply if he acted intentionally or recklessly in the awareness that damage will most likely occur.
10. Performance by Other Furniture Removal Firm
If all or part of the removal is performed by a third party (other Furniture Removal Firm), it shall be liable for damage caused by the loss of or damage to the removal goods or the failure to comply with delivery dates during the transport conducted by it in the same manner as the Furniture Removal Firm. The other Furniture Removal Firm may raise every defence to which the Furniture Removal Firm is entitled under the removal contract. If claims are made against the workers of the other Furniture Removal Firm, the terms governing liability shall apply for such workers.
11. Liability Agreement
The Furniture Removal Firm hereby advises the sender of the possibility of entering into an agreement for more extensive liability than is provided for under statute upon the payment of a fee.
10. Furniture-in-transit Insurance
The Furniture Removal Firm hereby advises the sender of the possibility of insuring the removal goods against payment of a separate premium.
13. Notice of Loss
In order to prevent the forfeiture of claims, the following must be observed: Inspect the removal goods upon delivery for any visible damage or loss.
Please specify these in the acknowledgement of receipt or in a record of damage or report them no later than the day after delivery to the Furniture Removal Firm. Damage or loss not obvious must be reported in detail to the Furniture Removal Firm within 14 days of delivery. In no event shall general reports of damage be sufficient. Claims for the failure to comply with delivery dates shall expire
if the recipient has not reported the delay to the Furniture Removal Firm within 21 days of delivery. If notice has been given after delivery, it must in any event be in writing and have been given within the prescribed periods to avoid the forfeiture of claims. Notices of damage may be transmitted using telecommunication facilities. No signature is required if the identity of the sender is recognizable in another form.
The timely sending of the notice is sufficient for complying with notice
14. Dangerous Removal Goods
If dangerous goods (e.g. petrol or oil) comprise some of the removal goods, the sender is obligated to notify the Furniture Removal Firm in a timely manner of the nature of the hazard emanating from the goods (e.g. fire hazard, corrosive liquids, explosive materials, etc.)