1.1. The furniture removal company fulfills its obligation with the greatest care and while safeguarding the interests of the sender against payment of the agreed fee.
1.2. If unforeseeable expenses arise within the scope of the contractual service, these are to be reimbursed by the client if the furniture removal company could consider them necessary under the circumstances.
1.3. If the sender expands the scope of services after the conclusion of the contract, the additional costs incurred as a result must be reimbursed in a reasonable amount.
1.4. Unless otherwise agreed, the furniture removal company's staff is not authorized to carry out electrical, gas, dowel and other installation work. Insofar as services are contractually agreed that are not part of the freight contract, liability is limited to EUR 50,000 per case of damage. This limitation of liability does not apply if the damage was caused by intent or negligence on the part of the Furniture Remover or his staff or by breach of contractual obligations, whereby claims for compensation in the latter case are limited to the foreseeable, typical damage. In the case of services provided by additionally mediated craftsmen, the removal company is only liable for careful selection.
The move may also be carried out as an additional load transport.
The removals company can hire another carrier to carry out the move.
Gratuities are not deducted from the invoice amount.
If the sender has a relocation cost reimbursement from a third party, he instructs the third party to pay the agreed and due relocation cost reimbursement less any advance payments or partial payments directly to the removals company upon request.
6.1. The sender is obliged to have moving or electronic parts, especially on sensitive devices, properly secured for transport.
6.2. The removal company is not obliged to check that the transport security has been properly secured.
6.3. If dangerous goods are part of the moving goods, the sender is obliged to inform the removals company in good time of the nature of the danger posed by the goods.
A set-off against claims by the removal company is only permissible with due counterclaims that have been legally established, are ready for a decision or are undisputed.
Instructions and notifications from the sender regarding the execution of the transport are to be sent in text form exclusively to the contractor.
When picking up the removal goods, the sender is obliged to check that no item has been mistakenly taken away or left behind.
10.1. Unless otherwise contractually agreed, the invoice amount is due for domestic transport before the end of delivery, for international transport before the start of loading and is payable in cash or by prior transfer to the furniture carrier's business account.
10.2. Expenses in foreign currency are settled according to the exchange rate determined on the day of payment.
10.3. If the sender does not meet his payment obligation, the removal company is entitled to stop the removal goods or to store them after the start of the transport at the sender's expense until the freight and the expenses incurred up to this point have been paid. If the sender still does not meet his payment obligation, the furniture removal company is entitled to realize a deposit in accordance with the statutory provisions.
10.4. § 419 HGB applies accordingly.
The following additional provisions apply to storage:
11.1. In the case of storage, the person storing the goods is also obliged to inform the removals company if there is a risk of fire or explosion or radiating, tending to self-ignition, poisonous, caustic or foul-smelling or any such goods, which disadvantages for the warehouse and/or for other stored goods and/or or for people to be feared to become the subject of the contract.
11.2. The warehouse keeper generally provides the following services:
11.2.1. Storage takes place in suitable company-owned or third-party storage rooms; suitable furniture vans or containers are equivalent to the storage rooms. If the freight forwarder stores the goods with a third-party warehouse keeper, he must immediately inform the customer in writing of his name and the storage location or, if a warehouse receipt has been issued, make a note on it.
11.2.2. When storing, a list of the stored goods is drawn up and signed by the depositor and warehouse keeper. The goods should be numbered consecutively. Containers are recorded by the number of items. The warehouse keeper can waive the creation of the warehouse list if the stored goods are placed in a container directly at the loading point and the container is locked and stored there.
11.2.3. A copy of the storage contract and the storage list will be handed over or sent to the depositor after the takeover. In the case of partial outsourcing, corresponding depreciation is made on the warehouse receipt or the warehouse register.
11.3. The warehouse keeper is entitled to hand over the stored goods upon presentation of the storage contract with a warehouse list or a corresponding write-off note contained in the list, unless the warehouse keeper knows or, due to gross negligence, is unaware that the person presenting the goods is not authorized to accept the stored goods. The warehouse keeper is entitled, but not obliged, to check the legitimacy of the person who submits the warehouse list and the storage contract.
11.4. The depositor is obliged to return the storage contract with the list and to issue a written acknowledgment of receipt upon delivery of the stored goods in full. In the event of partial delivery of the stored goods, the warehouse keeper and the custodian will make corresponding write-offs in writing on the warehouse list and in the storage contract.
11.5. During the storage period, the depositor is entitled to be accompanied and inspect the stored goods during the warehouse keeper's business hours. The appointment must be agreed in advance. The storage contract and the storage list must be presented at the appointment.
11.6. The depositor is obliged to inform the warehouse keeper immediately in text or written form of any changes in address. He cannot rely on the lack of receipt of communications sent by the warehouse keeper to the last known address.
11.7. The depositor is obliged to pay the monthly storage fee to the warehouse keeper in advance by no later than the 3rd working day of each month. The storage fee for the following months is due at the beginning of the respective month, even without a separate invoice being issued.
11.8. The 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 signer, unless the warehouse keeper is aware or, as a result of negligence, is unaware that the signatures are inauthentic or that the signer is not authorized.
11.9. If a fixed term of the contract has not been agreed, the parties can terminate the contract in writing or in text form by giving one month's notice, unless there is an important reason that entitles the contract to be terminated without observing the notice period.
11.10. In the case of contracts with persons other than consumers, the ALB (General Storage Conditions of German Furniture Transport) apply as agreed. These are available at www.amoe.de/ALB.
12.1. The move is a service within the meaning of § 312 g paragraph 2 sentence 1 number 9 BGB. There is no statutory right of withdrawal according to § 355 BGB.
12.2. The sender can terminate the moving contract at any time. If the sender terminates the furniture removal company, provided that the termination is based on reasons that are not attributable to his area of risk, either:
12.2.1. demand the agreed freight, any demurrage and expenses to be reimbursed. Any expenses saved or otherwise acquired or maliciously omitted to acquire as a result of the cancellation of the contract shall be offset against this amount,
12.2.2. or demand a flat rate of one third of the agreed freight.
13.1. The court in the district of which the furniture removal company commissioned by the sender is located has exclusive jurisdiction for legal disputes with general merchants based on this contract and for claims arising from other legal grounds connected with the moving contract.
13.2. For legal disputes with persons other than registered traders, exclusive jurisdiction applies only in the event that the sender relocates his domicile or usual place of residence abroad after conclusion of the contract or his domicile or personal place of residence is not known at the time the action is filed.
German law applies.
The removal company uses the data provided by the customer to fulfill and process the order. The data is passed on to vicarious agents, insofar as these are used to fulfill the order. The data will not be passed on to other third parties. Once the order has been processed in full and payment has been made in full, the data will be blocked for further use and deleted once the tax and commercial regulations have expired.
16.1. In the event of differences of opinion with consumers arising from or in connection with this contract, which cannot be settled between the contractual partners, the consumer has the right to go to the AMÖ arbitration board in the event of a complaint. This is set up at:
The AMÖ arbitration board can be called upon by consumers in order to settle the dispute in full or in part, provisionally or finally, in accordance with the rules of procedure of the AMÖ arbitration board in the version valid at the time the arbitration procedure was initiated. The arbitration award is binding for the AMÖ freight forwarder if the subject of the complaint is assigned to the jurisdiction of the local courts according to the Courts Constitution Act.
16.2. The application for the opening of the settlement procedure must be submitted in text form.
16.3. The process is free for consumers.
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