The removal company can call upon a subcontractor in order to carry out the removal.
The removal company shall carry out its duties with the usual care of an regular removal company with regards to the agreed payment and adhering to the interests of the consignor. Additional payments will be due in particular for services and expenses unforeseeable on completion of the contract. The same applies should the range of services be increased by the consignor after signing the contract.
Tips may not be offset against the removal company’s invoice.
Should the consignor be entitled to reimbursement of removal costs through an official department or an employer, he has to instruct that party to pay the agreed and due removal costs upon demand deducting any deposits or partial payments he may already have executed directly to the removal company.
The consignor has to properly secure all moving parts or electronic components on highly sensitive devices such as washing machines, record players, TV sets, radios, Hi-Fi systems, and data processing systems for transport.
The removal company does not have to check that the goods are properly secured for transport.
The sole responsability of the removal company in case of services obtained by additional craftsmen procured through the removal company lies in their careful selection.
The staff of the company is not authorised to carry out any electrical, gas, dowel drilling or miscellaneous plumbing work, unless agreed otherwise.
Offsets against monies due to the removal company are only allowed in the form of valid counterclaims which are undisputed or have been found to be legally enforceable.
At the request of the person entitled to damages, the removal company must assign its rights arising from the insurance cover concluded by the removal company to the person entitled to damages.
The danger of misunderstandings arising out of other agreements than written order confirmations, instructions and messages from the consignor and people not entitled by the relocator to accept those are not part of the relocator’s liability.
The consignor is obliged to check the relocated goods on pick-up to make sure that no goods or devices have erroneously been taken along or left behind.
In the case of domestic (inland) shipments, the invoice amount is due before unloading is completed;
for shipments abroad the invoice amount is due prior to uploading. The invoice has to be paid either in cash or through another equivalent payment. Cash disbursements (expenses) incurred in foreign currency are due according to the calculated exchange rate.
Should the consignor not meet its payment duties, the removal company is entitled to retain the removal items or to store them after the beginning of transit at the expense of the consignor according to
§ 419 HGB (German Commercial Code).
In case of storage the „Lagerbedingungen des Deutschen Möbeltransports“ (ALB) (storage conditions of the German furniture removal companies) apply. These are made available to the consignor upon request.
Any legal disputes arising with registered traders arising out of this contract or claims resulting from different legal reasons linked to the removal order are subject to the exclusive jurisdiction of the local court in Miesbach, Germany.
For any legal disputes arising with others than the registered traders the exclusive jurisdiction only applies, if the contractor moves or shifts his main residence abroad after signing the contract or if his residence or whereabouts are unknown at the time of action.
German law applies.
Important information regarding the liability of the furniture removal company including liability agreements and transport insurance in accordance with section 451 g of the German Commercial Code (HGB)
This is a non-authoritative translation of the original German text.
The freight carrier (hereinafter referred to as “furniture removal company”) shall be liable in accordance with the removal contract and the German Commercial Code (HGB). The same principles of liability shall apply for transports of removal goods from and to places outside Germany. This shall also be the case when different types of transport are used.
The furniture removal company shall be liable for the damages incurred as a result of loss of or damage to the removal goods in the time from the handover for transport up until the delivery or as a result of failure to meet the agreed delivery deadline (duty of care liability).
The furniture removal company shall be exempt from liability insofar as the loss, damage or missed deadline is due to circumstances that the furniture removal company could not have avoided even by exercising the utmost diligence and the consequences of which he would not have been able to prevent (inevitable event).
The furniture removal company’s liability for loss or damage shall be limited to €620 per cubic meter of the loading space required to perform the contract. In the event of failure to meet the agreed delivery deadline, the furniture removal company’s liability shall be limited to three times the value of the freight.
In the event that the furniture removal company is, as a result of a breach of a duty in connection with the performance of the removal, liable for damages that are not incurred through the loss of or damage to removal goods or through failure to meet an agreed deadline, and if this concerns damages other than damage to property and persons, liability shall be limited to three times the amount that would be payable in the event that the goods were lost.
The consignor is relieved of liability in so far as the loss or damage was due to one of the following risks:
1. Carriage of precious metals, jewels, precious stones, money, stamps, coins, eurocheque or credit cards, securities or documents.
2. insufficient packaging or labelling by the sender;
3. Handling, loading or unloading of the goods by the sender.
4. Carriage in containers not packed by the consignor.
5. Loading or unloading of goods the size or weight of which does not correspond to the space available at the place designated for loading or unloading, provided the consignor had informed the sender in advance of the risk of damage and the sender had insisted on the service being carried out
6. Carriage of living animals or plants.
7. Natural or defective condition of the removal goods which particularly expose them to damage, especially through breakage, failures of function, rust, decay or leakage. If damage has occurred which, in the circumstances, might have been due to one of the risks specified in paragraph 1-7, it is presumed that it has in fact been caused by this risk. The consignor may avail himself of the relevant exclusion of liability only if he has taken all the measures incumbent upon him in the circumstances, and has complied with any special instruction
If the furniture removal company must pay damage for loss of goods, compensation shall be equivalent to the value of said goods at the place and time of the handover for transport. If the goods are damaged, compensation shall be equivalent to the difference between the value of the damaged goods and the value of the undamaged goods at the place and time at which the goods were handed over for transport. The value of the removal goods shall generally be determined by the market price. Costs incurred in assessing the damage shall also be reimbursed
The exemptions from and limitations on liability shall also apply for extra-contractual claims on the part of the consignor or the recipient against the furniture removal company as a result of loss of or damage to the removal goods or failure to meet a delivery deadline.
The exemptions from and limitations on liability shall not apply if the damage in question is attributable to an intentional or reckless action or omission on the part of the furniture removal company committed with full awareness that said action or omission was likely to lead to damage.
If an action for extra-contractual liability is brought against one of the furniture removal company’s workers for damages incurred as a result of loss of or damage to the removal goods or failure to meet an agreed delivery deadline, he/she shall also be entitled to claim the aforementioned exemptions from and limitations on liability. This shall not apply in the event that the damage in question is attributable to an intentional or reckless action or omission on the part of the worker, committed with full awareness that it was likely to lead to damage.
If the removal is performed fully or partially by a third party (actual furniture removal company), the latter shall – in the same way as the furniture removal company – be liable for the damages incurred as a result of loss of or damage to the removal goods while transporting them or as a result of failure to meet the agreed delivery deadline. The actual furniture removal company shall be entitled to avail itself of all defenses to which the furniture removal company is entitled under the freight contract.
The furniture removal company points out the possibility to the consignor to stipulate an advanced liability against additional payment exceeding the liabilility provided by law.
At the request of the customer, the mover will take out transport and storage insurance against payment of a separate premium.
The following rules apply for the assertion of damage compensation claims:
Externally visible damage and the loss of goods must be exactly examined upon delivery.
Such damage and loss must be reported to the mover in detail by no later than the day following delivery on receipt and/or on a damage report. Externally non-visible damage and loss must be reported to the mover within 14 days after delivery, and also in detailed text form. General notifications of damage are under no circumstances sufficient. Claims because of overruns of the delivery date will lapse, if they are not reported to the mover in text form within 21 days after delivery. If damages and loss are not claimed within the stated periods, the claims to compensation will lapse. The notification of damage can be sent by means of telecommunication facilities.gnature is not necessary as long as the issuer can be identified by other means. The timely sending will suffice to meet the deadlines.
Hazardous removal goods
If the goods being transported as part of the removal include hazardous goods (e.g. petrol or oil), the consignor shall indicate to the furniture removal company in good time the nature of the hazard associated with the goods in question (e.g. inflammable, corrosive, explosive material, etc.)
This is a non-authoritative translation of the original German text.