Terms & Liability

General Terms of Business (AGB)                    

1. Commissioning of a Subcontractor
The removal firm can call upon a subcontractor in order to carry out the removal.

 2. Additional Services
The removal firm shall carry out his duties with the usual care of an orderly removal firm against the agreed payment and adhering to the interests of the consignor. Additional payments will be due in particular for unforeseeable services and expenses accrued on completion of the contract. The same applies in the event that the scope of services is increased by the consignor after agreeing the contract.

 3. Combined Transport
The removal can be transported in combination.

 4. Gratuities (Tips)
Gratuities may not be offset against the removal firm’s invoice.

 5. Reimbursement of Removal Costs
Inasmuch as the consignor is entitled to a reimbursement of removal costs through an official agency or an employer, then he must instruct that party to pay the agreed and due removal costs less any deposits or part payments he may have paid directly to the removal firm upon demand.

 6. Security of particularly sensitive Goods during Transit
The consignor is under obligation to properly secure all moving or electronic components on highly sensitive devices such as washing machines, record players, televisions, radios and hi-fi systems, EDV systems for transit. The removal firm is under no obligation to check that the goods are properly secured for transportation.

 7. Electrical and Plumbing Work
The staff of the removal firm is not authorized to carry out any electrical, gas, dowel drilling or miscellaneous plumbing work, unless agreed otherwise.

 8. Tradesman Referrals
In the case of services through tradesman obtained through the removal firm, the removal firm is only responsible for making a careful selection.

 9. Offsets
Offsets against monies due to the removal firm are only permitted in the form of valid counter claims which are undisputed or have been found to be legally enforceable.

 10. Assignments
At the request of the person untitled to damages, the removal firm is obligated to assign his rights arising from an insurance contract taken out by him to the person entitled to damages.

 

11. Misunderstandings
The danger of misunderstandings arising out of other agreements that out of written order confirmations, the instructions and messages from the consignor and those to other parties concerning their acceptance of unauthorized persons involved with the removal firm will not be remover’s responsibility.

 12. Inspection by the Consignor
The consignor is obliged to inspect the removal goods on pick-up to check that no goods or devices have been mistakenly taken or left behind.

 13. Due date agreed of payment
In the case of domestic (inland) shipments, the invoice amount is payable before unloading is completed; for shipments abroad, these are due prior to commencing with loading. Invoices are to be paid either in cash or by means of another similar acceptable form of payment. Cash disbursements (expenses) incurred in foreign currency must be paid based on the exchange rate calculated. If the consignor does not fulfill his payment duties, the removal firm has the right to retain the removal items or to store them after transit at the expense of the consignor. § 419 HGB (German Commercial Code) is applied here.

 14. Cancellation of the Contract
Ziff. 6.6 DIN EN ISO 12522-1 is replaced by the appropriate terms of German Civil Code (BGB) and German Commercial Code (HGB), in particular by §§ 415 HBG, 346 ff BGB.

 15. Storage Contract
In the case of storage, the general storage conditions for the German Furniture Removals industry apply. These will be made available to the consignor, on request.

 16. Place of Jurisdiction
The court situated in the area in which the acting furniture removal branch office is located is exclusively responsible for any legal disputes with fully qualified business people arising from this contract and for claims arising due to other legal reasons which are connected with the transport order. For legal disputes with non qualified business (private) persons, the exclusive jurisdiction applies only if the consignor moved his permanent residence abroad after completion of the contract or if the consignor’s place of residence is not know at the time when the complaint is filed.

 17. Agreement of German Law
All business is undertaken subject to German Law.

 


 

Important Information on the Liability 

of the Furniture Removal Firm  including Liability Agreement and Furniture-in-transit Insurance in  accordance with § 451g German Commercial Code (HGB)

 

Scope
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 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.

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).

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).

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 meter cargo space required 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.

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 labeling 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.

Non-contractual Claims
Liability exemptions and liability restrictions also apply for claims outside of the contract by the consignor or consignee against  the Furniture Removal Firm's due to losses or damages to the transported goods or due to late delivery.

Cessation of Liability and Exemptions and Restrictions
The liability exemptions and restrictions do not apply if the damage can be attributed to the Furniture Removal Firm's acting or failing to act which the Furniture Removal Firm's has done willfully or recklessly, while being conscious that there was a high level of probability that damages could be incurred.

Liability of Stuff
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.

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 defense 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.

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.

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.

 

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 periods.

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.)