Terms and Conditions
Terms and conditions for relocation, warehousing, and transport services
This English version is provided for convenience. In case of legal doubt, the German contractual text and mandatory German law prevail.
1. SERVICES
1.1. The furniture carrier performs contractual services with utmost care and in consideration of the sender's interests against payment of agreed remuneration.
1.2. If unforeseeable expenses arise during performance of the contract, such expenses shall be reimbursed by the client to the extent reasonably required.
1.3. If the sender extends the service scope after conclusion of contract, additional costs shall be remunerated in an appropriate amount.
1.4. Unless otherwise agreed, carrier personnel are not authorized to perform electrical, gas, dowel, or comparable installation work. Where services are agreed that are not part of the transport contract, liability is limited to EUR 50,000 per damage event, except in cases of intent, gross negligence, or breach of essential contractual obligations, in which case liability is limited to foreseeable typical damage.
2. PART LOAD TRANSPORT
The relocation may also be performed as part-load transport.
3. USE OF THIRD PARTIES
The furniture carrier may commission another carrier to execute the relocation.
4. TIPS
Tips are not credited against invoice amounts.
5. RELOCATION COST REIMBURSEMENT
To the extent the sender has a reimbursement claim for relocation costs against a third party, the sender shall instruct such third party to pay the agreed and due remuneration directly to the furniture carrier, less prepayments or partial payments made.
6. PACKING SECURITY AND DUTY TO INFORM
6.1. The sender is obligated to ensure that movable or electronic components, especially on sensitive devices, are properly secured for transport.
6.2. The furniture carrier is not obligated to verify whether transport security measures are professionally adequate.
6.3. If dangerous goods are included in relocation goods, the sender shall inform the carrier in due time about the nature of such danger.
7. SET-OFF
Set-off against carrier claims is only permitted with due counterclaims that are final and binding, ripe for decision, or undisputed.
8. INSTRUCTIONS AND NOTICES
Sender instructions and notices regarding execution of transport must be submitted in text form exclusively to the contractor.
9. CHECK BY SENDER
Upon pickup of relocation goods, the sender must verify that no item is taken by mistake and no item is left behind.
10. PAYMENT DUE DATE
10.1. Unless agreed otherwise, invoice amounts are due for domestic transport before completion of delivery and for international transport before loading.
10.2. Expenses in foreign currency are billed according to the exchange rate on the payment date.
10.3. If the sender fails to meet payment obligations, the carrier may retain relocation goods or store them at the sender's cost until payment of freight and accrued expenses.
10.4. Section 419 HGB applies accordingly.
11. STORAGE
For storage services, the following additional provisions apply:
11.1. The depositor must inform the warehouse operator if goods are flammable, explosive, radioactive, self-igniting, toxic, corrosive, odorous, or otherwise likely to endanger persons, facilities, or other stored goods.
11.2. Storage may be carried out in suitable own or third-party facilities or in suitable containers; where third-party storage is used, the name and location shall be disclosed as required.
11.3. During storage, the depositor may inspect stored goods during business hours in accompaniment of the warehouse operator by prior appointment.
11.4. Monthly storage fees are due in advance no later than the third working day of each month unless otherwise agreed.
12. TERMINATION
12.1. Relocation constitutes a service under section 312g para. 2 sentence 1 no. 9 BGB; therefore, no statutory right of withdrawal under section 355 BGB exists.
12.2. The sender may terminate the relocation contract at any time. Where termination reasons are not attributable to the carrier's risk sphere, the carrier may claim agreed freight plus reimbursable expenses, less saved expenses or substitute gains, or alternatively one-third of agreed freight as a lump sum.
13. JURISDICTION
13.1. For legal disputes with merchants arising from this contract and related claims, exclusive jurisdiction lies with the court at the branch commissioned by the sender.
13.2. For non-merchants, exclusive jurisdiction applies only where the sender relocates domicile abroad after contract conclusion or domicile is unknown at the time legal action is filed.
14. GOVERNING LAW
German law applies.
15. DATA PROTECTION
The carrier uses customer data communicated by the customer for performance and processing of the order. Data may be shared with supporting service providers only where required for contract execution.
Information on liability provisions pursuant to section 451g HGB
The furniture carrier's liability is governed by the relocation contract and the German Commercial Code (HGB). These liability principles also apply to relevant cross-border transport beginning or ending in Germany.
I. LIABILITY PRINCIPLES
The furniture carrier is liable for loss or damage of goods while they are in its custody.
II. MAXIMUM LIABILITY AMOUNT
Liability for loss or damage is limited to EUR 620 per cubic meter of loading space required for contract fulfillment. Liability for delivery delay is limited to three times freight. For other property losses not resulting from loss, damage, or delay, liability is limited to three times the amount payable in case of loss.
III. VALUE COMPENSATION
In case of loss, compensation equals value at place and time of takeover for transport. In case of damage, compensation equals value difference between undamaged and damaged goods.
IV. EXCLUSION OF LIABILITY
The furniture carrier is released from liability if loss, damage, or delay results from unavoidable events that could not be prevented despite utmost care.
V. SPECIAL EXCLUSIONS
The carrier is released from liability insofar as loss or damage is attributable to one of the following risks: transport/storage of precious metals, jewels, money, securities, or documents; insufficient packaging or labeling by sender; sender handling/loading/unloading; transport/storage in containers not packed by carrier; loading conditions unsuitable due to dimensions/weight; live animals or plants; or natural/inherent defects of goods.
VI. SCOPE OF LIMITATIONS
Liability exclusions and limitations also apply to non-contractual claims for loss, damage, or delay and apply to carrier personnel, unless damage was caused intentionally or recklessly with awareness that damage would probably occur.
VII. EXECUTING CARRIER
Where another executing furniture carrier is commissioned, such executing carrier is liable in the same way while goods are in its custody and may raise contractual transport objections.
VIII. TRANSPORT AND STORAGE INSURANCE
Customers may insure goods beyond statutory liability. Upon request and against separate premium, the carrier can arrange transport or storage insurance.
IX. DAMAGE NOTIFICATION
For damage claims, the following applies: visible damage and losses should be documented on delivery receipt or damage report and notified in detail no later than the next day in text form.
Non-visible damage/loss must be notified within 14 days of delivery in text form. Delay claims must be notified within 21 days of delivery. Timely dispatch of detailed text-form notice is sufficient.