General Terms and Conditions

1. Services

1.1The removal contractor performs its obligation with the greatest care and while safeguarding the interests of the consignor, against payment of the agreed fee.

1.2If unforeseeable expenses arise in the course of the contractual service, these are to be reimbursed by the client, provided the removal contractor was entitled to consider them necessary in the circumstances.

1.3If the consignor extends the scope of services after conclusion of the contract, the additional costs incurred as a result are to be remunerated at a reasonable amount.

1.4Unless otherwise agreed, the removal contractor’s staff is not entitled to carry out electrical, gas, dowel or other installation work. Insofar as services are agreed by contract that are not part of the contract of carriage, liability is limited to 50,000 euros per claim. This limitation of liability does not apply if the damage was caused by intent or negligence of the removal contractor or its staff, or by breach of essential contractual obligations, whereby in the latter case claims for compensation are limited to the foreseeable, typical damage. For services of additionally arranged tradespeople, the removal contractor is liable only for careful selection.

2. Part-load transport

The move may also be carried out as a part-load (groupage) transport.

3. Engagement of third parties

The removal contractor may engage a further carrier to carry out the move.

4. Tips

Tips are not credited against the invoice amount.

5. Reimbursement of removal costs

Insofar as the consignor has a claim against a third party for reimbursement of removal costs, the consignor instructs that party to pay the agreed and due removal cost remuneration, less any down payments or part payments made, directly to the removal contractor upon corresponding request.

6. Transport securing / consignor’s duty to inform

6.1The consignor is obliged to have moving or electronic parts, in particular on sensitive devices, properly secured for transport.

6.2The removal contractor is not obliged to check the proper securing for transport.

6.3If the removal goods include dangerous goods, the consignor is obliged to inform the removal contractor in good time of the nature of the danger posed by the goods.

7. Set-off

Set-off against claims of the removal contractor is permitted only with due counterclaims that are legally established, ready for decision or undisputed.

8. Instructions and notices

Instructions and notices from the consignor regarding the performance of the carriage are to be addressed in text form exclusively to the contractor.

9. Inspection by the consignor

When the removal goods are collected, the consignor is obliged to check that no item is taken along or left behind by mistake.

10. Due date of the agreed fee

10.1Unless otherwise agreed by contract, the invoice amount is due for domestic transports before completion of delivery, and for international transports before the start of loading, and is to be paid in cash or by prior bank transfer to the removal contractor’s business account.

10.2Expenses in foreign currency are settled at the exchange rate determined on the day of payment.

10.3If the consignor fails to meet its payment obligation, the removal contractor is entitled to stop the removal goods or, after the start of carriage, to store them at the consignor’s expense until payment of the freight and the expenses incurred up to that point. If the consignor still fails to meet its payment obligation, the removal contractor is entitled to realise the lien in accordance with the statutory provisions.

10.4Section 419 of the German Commercial Code (HGB) applies accordingly.

11. Storage

The following provisions apply additionally to storage:

11.1In the case of storage, the depositor is additionally obliged to inform the removal contractor if goods that are flammable or explosive or radiating, prone to spontaneous combustion, toxic, corrosive or malodorous, or in general such goods which may give rise to disadvantages for the warehouse and/or for other stored goods and/or for persons, are to become the subject of the contract.

11.2The warehouse keeper generally provides the following services:

11.2.1Storage takes place in suitable storage rooms, whether the contractor’s own or those of others; furniture vans or containers suitable for storage are equivalent to storage rooms. If the contractor stores with an external warehouse keeper, it must promptly notify the client in writing of that keeper’s name and the place of storage or, if a warehouse receipt has been issued, note it thereon.

11.2.2Upon storage, an inventory of the stored goods is drawn up and signed by the depositor and the warehouse keeper. The goods should be numbered consecutively. Containers are recorded by quantity. The warehouse keeper may dispense with drawing up the storage inventory if the stored goods are placed into a container directly at the loading point and this is locked there and stored locked.

11.2.3After takeover, the depositor is handed or sent a copy of the storage contract and the storage inventory. In the case of partial removals from storage, corresponding deductions are made on the warehouse receipt or the storage inventory.

11.3The warehouse keeper is entitled to hand over the stored goods upon presentation of the storage contract with storage inventory, or a corresponding deduction note contained in the inventory, unless the warehouse keeper knows, or is unaware due to gross negligence, that the person presenting it is not authorised to receive the stored goods. The warehouse keeper is entitled, but not obliged, to check the legitimacy of the person presenting the storage inventory and the storage contract.

11.4Upon complete delivery of the stored goods, the depositor is obliged to return the storage contract with inventory and to issue a written acknowledgement of receipt. In the case of partial delivery of the stored goods, the warehouse keeper and depositor will make corresponding deductions in writing on the storage inventory and in the storage contract.

11.5During the period of storage, the depositor is entitled, during the warehouse keeper’s business hours and in the keeper’s company, to inspect the stored goods. The appointment must be arranged in advance. The storage contract and the storage inventory are to be presented at the appointment.

11.6The depositor is obliged to notify the warehouse keeper of any changes of address promptly in text or written form. The depositor cannot invoke the non-receipt of notices that the warehouse keeper has sent to the last known address.

11.7The depositor is obliged to pay the monthly storage fee in advance to the warehouse keeper by the 3rd working day of each month at the latest. The storage fee for subsequent months is due at the beginning of each month even without a separate invoice being issued.

11.8The warehouse keeper is not obliged to check the authenticity of the signatures on the documents relating to the stored goods or the authority of the signatory, unless the warehouse keeper knows, or is unaware due to negligence, that the signatures are not genuine or that the signatory lacks authority.

11.9If no fixed contract term has been agreed, the parties may terminate the contract in writing or in text form subject to a notice period of one month, unless good cause exists which entitles termination of the contract without observing the notice period.

11.10For contracts with parties other than consumers, the ALB (General Storage Conditions of the German Furniture Transport sector) are deemed agreed. These are available at: www.amoe.de/ALB

12. Withdrawal and termination

12.1A move is a service within the meaning of Section 312g(2) sentence 1 no. 9 of the German Civil Code (BGB). There is no statutory right of withdrawal under Section 355 BGB.

12.2The consignor may terminate the removal contract at any time. If the consignor terminates, the removal contractor may, provided the termination is based on reasons not attributable to its sphere of risk, either

12.2.1demand the agreed freight, any demurrage and reimbursable expenses. Against this amount is credited whatever it saves in expenses as a result of the cancellation of the contract, or otherwise acquires or maliciously fails to acquire;

12.2.2or demand a flat one third of the agreed freight.

13. Place of jurisdiction

13.1For legal disputes with registered merchants on the basis of this contract and concerning claims on other legal grounds connected with the removal contract, the court in whose district the branch of the removal contractor engaged by the consignor is located has exclusive jurisdiction.

13.2For legal disputes with parties other than registered merchants, exclusive jurisdiction applies only if, after conclusion of the contract, the consignor relocates its domicile or habitual residence abroad, or if its domicile or personal place of residence is unknown at the time the action is brought.

14. Choice of law

German law applies.

15. Data protection

The removal contractor uses the data provided by the customer to fulfil and process the order. Data is passed on to vicarious agents insofar as they are used to fulfil the order. Data is not passed on to other third parties. Upon complete processing of the order and full payment, the data is blocked for further use and deleted after expiry of the tax and commercial law provisions.