Allgemeine Geschäftsbedingungen

Allgemeine Geschäftsbedingungen

When taking over your transport goods, the statutory basic liability is limited to 620.00 EUR per CBM. See information on the liability of the Furniture Removal Company incl. liability agreement transport insurance according to § 451g HGB.

Other additional agreements

The performance of all work is calculated and offered on the basis of transport on working days (Mon. – Fri.) in the period between 07:00 and 20:00, unless otherwise explicitly commissioned and agreed in writing. Surcharges for weekend, night and public holiday work are not included in our offer and will be charged additionally if necessary (if carried out during these times due to your specifications/order). Necessary packing material will be delivered once free of charge (if not otherwise agreed in the order) and collected again, each further delivery/collection will be charged extra. Old services and deliveries shall be invoiced according to actual expenditure. In the case of all-inclusive offers, these are included in the complete price. The costs for the truck toll will be charged to the customer according to actual expenditure. The time calculated here refers to normal weather and road conditions. No obstructions due to snow. Ice, storm, heavy rain and road works. Our offer assumes that all paths, passages and locks within the buildings, as well as the access and exit routes for trucks can be used unhindered and that the existing house lifts can be used. As far as necessary, they must be available without restriction for the work/delivery and the distance between the loading and unloading point and the truck must not exceed 10 metres. Changes such as additional loading and unloading points or increase in orders on call. As well as load extensions / distances change the calculated, offered transport price proportionately.

Further parts of the contract:

In the event of termination by the principal, the contractor shall be entitled to three tenths of the remuneration owed for the transport (In the event of termination or withdrawal from the contract, the relevant provisions of § 415 HGB, 346 ff BGB shall apply. Furthermore, reference is made to §312g BGB para. 2 No. 9).

2, In the event of storage, the general storage conditions of the German Furniture Transport (ALB) shall apply.

3, Arrival and departure times of the vehicles and personnel shall be charged as working hours.

4, The contractor may engage a carrier for the execution.

5) In the event of an extension of the scope of services between the conclusion of the contract and the execution of the order, the contractor shall be entitled to charge the client additionally for these services.

(6) Unless otherwise agreed, hourly rates for vehicles and personnel, as well as ancillary services and packing materials shall be invoiced according to actual expenditure/consumption.

7. if it is determined during loading that the transport volume has increased compared to the offer, this shall be used as the basis for invoicing. Notice of damage: In order to prevent the expiry of claims for compensation, the following must be observed: The consignor is obliged to inspect the removal goods for externally visible damage or loss upon delivery. A subsequent damage report or damage protocol must be submitted by the day of delivery at the latest. Damage that is not externally visible must be reported to the removal company within 14 days of delivery. Lump-sum notifications shall not suffice in any case. Claims for exceeding delivery deadlines expire after 21 days of delivery. Notifications shall generally only be made in writing (letter, fax, e-mail), depending on the deadline, by the sender with personal name details. Timely dispatch shall be sufficient to meet the deadlines.

Liability of the Furniture Removal Firm Disclaimer

Information about the liability regulations according to § 451 g HGB, the removal company is liable as a carrier according to the removal contract and the German Commercial Code (HGB). These liability principles also apply to cross-border transports beginning or ending in Germany, even if different means of transport are used for this purpose. The liability provisions apply accordingly to storage where the depositor is a consumer.

I. Principles of liability

The Furniture Removal Firm is liable for damage caused by loss of or damage to the goods as long as they are in his care.

II. Maximum liability amount

The Furniture Removal Firm’s liability for loss or damage shall be limited to an amount of 620 Euros per cubic meter of cargo space required to fulfill the contract. For exceeding the delivery time, the Furniture Removal Company’s liability shall be limited to three times the amount of the freight. If the Furniture Removal Firm is liable for damages due to the breach of a contractual obligation connected with the execution of the removal, which are not caused by loss of or damage to the goods or by exceeding the delivery time, and if the damage is other than damage to property or personal injury, in this case the liability is limited to three times the amount that would have been payable if the goods had been lost.

III Compensation for Value

If the Furniture Removal Firm has to pay compensation for loss of the goods, the value at the place and time of acceptance for carriage shall be compensated. In case of damage to the goods, the difference between the value of the undamaged goods and the value of the damaged goods shall be compensated. The value of the goods at the place and time of taking over shall be decisive. The value of the goods is determined by the market price. In both cases, the costs of assessing the damage shall also be reimbursed.

IV. Disclaimer

The Furniture Removal Firm shall be exempt from liability if the loss, damage or delay in delivery is due to an unavoidable event which the Furniture Removal Firm could not avoid even by exercising the utmost care and the consequences of which it was unable to prevent.

V. Special Grounds for Exclusion of Liability

(1) The Furniture Removal Firm shall be exempt from liability insofar as the loss or damage is due to one of the following risks:

1. carriage and storage of precious metals, jewels, precious stones, money, stamps, coins, securities or documents;

2. inadequate packing or marking by the consignor;

3. handling, loading or unloading of the goods by the consignor;

4. transportation and storage in containers of goods not packed by the mover;

5. loading or unloading of goods whose size or weight does not correspond to the space conditions at the loading point or unloading point, provided that the Furniture Removal Company has previously informed the Shipper of the risk of damage and the Shipper has insisted on the performance of the service;

6. transportation and storage of live animals or plants;

7. natural or defective condition of the goods, as a result of which they are particularly susceptible to damage, especially breakage, malfunction, rust, internal spoilage or leakage. If damage has occurred which, according to the circumstances of the case, could have arisen from one of the dangers referred to in 1. to 7. above, it shall be presumed that the damage arose from this danger. The Furniture Removal Firm may only invoke the special grounds for exclusion of liability if it has taken all measures incumbent upon it under the circumstances and has complied with special instructions.

(2) The Warehouse Keeper shall not be liable for damage caused by nuclear energy and to radioactive or radioactive materials.

VI Applicability of the Exemptions from and Limitations of Liability

(1) The exemptions from and limitations of liability shall also apply to claims arising from non-contractual liability for loss of or damage to the goods or for exceeding the delivery time, unless the Furniture Removal Firm acted intentionally or recklessly and with the knowledge that damage would probably occur.

(2) The aforementioned exemptions and limitations of liability shall also apply to the Furniture Removal Company’s personnel.

VII. Executing Furniture Removal Company

If the Furniture Removal Company commissions another, executing Furniture Removal Company for the removal, the latter shall be liable in the same way as the commissioned Furniture Removal Company, as long as the goods are in its care. The executing Furniture Removal Company may assert all freight contract-related objections.

VIII. Transport and storage insurance

It is possible to insure the goods beyond the legal liability. The Furniture Removal Company shall take out transport or storage insurance at the Customer’s request and against payment of a separate premium.

IX. Notice of Damage

The following important particularities apply to the assertion of claims for damages:

(1) Externally visible damage to and loss of the goods should be accurately recorded on the delivery receipt or a damage report upon delivery. Such damage or loss must be reported to the Furniture Removal Company in detail in text form (e-mail, letter, fax) no later than the next day.

(2) Damage and losses which are not externally visible must be reported to the Furniture Removal Firm within 14 days after delivery, also in detail in text form.

(3) If damage and losses are not reported within the aforementioned periods, the claims for compensation shall expire.

(4) Exceeding of the delivery period must be reported in text form within 21 days after delivery. After expiry of the deadline, the claim shall otherwise be forfeited.

(5) The timely dispatch of a detailed notification in text form to the commissioned or delivering Furniture Removal Firm indicating its issuer shall be sufficient for compliance with the deadlines.