General Terms and Conditions of Business
1. Additional services
The removal company undertakes its duties in the best interests of the sender, with the diligence and attention of a reputable removal company against payment of the agreed remuneration. Any special services and expenses, not foreseeable at the time of conclusion of the contract, are payable separately. The same applies, if the scope of services is extended by the consignor following conclusion of the contract.
2. Reimbursement of removal expenses
Where the sender has the right to claim for payment of removal costs by his place of work or employer, he will instruct this body to pay the agreed and due payment for removal costs, less advance payments made or partial payments following the appropriate requests, directly to the removal company.
3. Contracting of a further freight carrier
The removal company can involve another carrier to carry out the removal.
4. Provision of tradesmen
The removal company is only liable for the careful selection in relation to services provided by tradespeople additionally provided.
Tips are not included in the removal firm's invoice.
6. Securing of extremely sensitive goods
The consignor is obliged to properly secure moving or electronic parts on highly-sensitive equipment, like washing machines, record players, TV, radio, and Hi-Fi equipment and computers, for transport. The removal company is not obliged to check for proper securing.
7. Electrical and installation work
The removal company's employees are not authorised to undertake electrical, gas, drilling work or other installation work, unless otherwise agreed.
Off-setting is only permissible for claims against the removal company, the reason for which and level of which are undisputed or legally established.
At the request of the party entitled to damages, the removal company is obliged to cede to the the party entitled to damages any rights to which it is entitled from the insurance contract it has concluded.
The removal company is not responsible for the danger of misunderstandings from anything other than written order confirmations, instructions and other communications from the consignor and similar sent to unauthorised representatives of the removal company.
11. Inspection by the consignor
The consignor is obliged to inspect the goods to be transported at the time of collection to ensure that no objects or equipment have been taken or left standing in error.
12. Due date of agreed payment
The invoiced amount for domestic removals is payable prior to commencement of unloading and, with overseas removals, prior to commencement of loading and is payable in cash or in an equivalent form of payment. Cash payments in foreign currency are payable in line with the calculated exchange rate. If the consignor does not honour his obligation to pay, the removal company will be obliged to stop the removal or, after the start of removal, store the goods at the expense of the consignor. § 419 HGB (German Commercial Code) is applicable here.
13. Storage contract
The General Terms and Conditions of the German Removal Business (ALB) apply to storage. These are made available at the request of the consignor.
14. Place of jurisdiction
In the event of disputes with registered traders based on this contract and in the event of claims on other legal grounds relating to the transport contract, the Court, in whose district the responsible branch of the removal company appointed by the consignor is located, has exclusive jurisdiction. In the event of legal disputes with persons other than registered traders, sole responsibility only applies in the event that the consignor has moved his domicile or habitual residence abroad following conclusion of the contract or the residence of which is not known at the time of serving of proceedings.
15. Agreement under German law
German law applies.
16. Limitation of liability
We work exclusively on the basis of the very latest version of the General German Freight Forwarders' Standard Terms and Conditions -ADSp-. Point 23 ADSp limits legal liability for damage to goods as per § 431 of the German Commercial Code (HRB) for damage to goods when in the care of the forwarder to € 5/kg. In the case of multimodal transport, including sea freight, to 2 SRD/kg and, over and above this to € 1 million or € 2 million of 2 SDR/kg, per claim or incident, depending on which figure is higher.
Important information on the liability of the removal company including liability agreement and transport insurance as per § 451g of the German Commercial Code (HRB)
Scope of application
The freight carrier (hereinafter referred to as the removal company) is liable in accordance with the removal contract and the German Commercial Code (HRB). The selfsame principle of liability applies for the carriage of goods with a destination outside of Germany. This also applies if different means of transport are used.
Principles for liability
The removal company is liable for damage caused by the loss of or damage to the goods during the period from handover for conveyance to delivery or by the delivery period being exceeded (duty of care liability).
The removal company is exempt from liability to the extent that the loss, damage or the transport period being exceeded is based on circumstances which the removal company could not avoid, even with the greatest care, and the consequences of which he was unable to avert (force majeure).
Maximum limit of liability
The removal company's liability resulting from loss or damage is limited to a figure of of € 620.00 per cubic metre of cargo space, required to fulfil the contract. Should the delivery period be exceeded, the liability of the removal company is limited to three times the value of the freight. Should the removal company be liable because of an infringement of a contractual obligation relating to the execution of the removal, which is not caused by loss or damage to the goods or due to the delivery period being exceeded, and should this relate to damage other than personal injury and material damage, then in this case, liability is limited to three times the amount payable for the loss of the goods.
Special reasons for exemption from liability
The removal company is exempted from its liability to the extent that the loss or damage is due to one of the following hazards:
- Transport of precious metals, jewellery, precious stones, money, stamps, coins, securities or instruments.
- Inadequate packaging or labelling by the consignor
- Handling, loading or unloading of the effects by the consignor.
- Transport of goods not packaged by the removal company in containers.
- Loading or unloading of goods, the size or weight of which does not correspond to the space available at the loading or unloading site, where the removal company has alerted the consignor to the danger of damage in advance and the consignor has insisted on the work being performed.
- Transport of live animals or plants.
- Natural or poor quality of the goods or effects, accordingly particularly susceptible to damage, especially through breakage. Operational faults, corrosion, decay or leakage.
Should damage have occurred, caused by the circumstances of the hazards listed in points 1 - 7, it is presumed that the loss or damage has arisen from this hazard. The removal company is only able to evoke the special reasons for exemption from liability providing it has instituted all measures incumbent to it in the circumstances and has noted all special instructions.
Should the removal company have to pay compensation for loss, then the value at the place and time of handover for transport has to be compensated. In the event of damage to the goods, the difference between the value of the undamaged goods and the value of the damaged good is to be compensated. The place and date of handover of the goods for transport applies. The value of the goods or effects for transport is generally determined in accordance with the market price. In addition, the cost for measure of the damage is payable.
Exemptions from liability and limits of liability also apply to consignors' or recipients' non-contractual claims against the removal company due to loss or damage to the goods or effects for transport or due to the delivery period being exceeded.
Elimination of exemptions of liability and liability limits
Exemptions from liability and liability limits do not apply if the damage is based on an act or omission, which the removal company intentionally or carelessly committed and in the knowledge that damage would probably occur.
If claims for damage resulting from non-contractual liability for loss or damage to goods or effects for transport or due to the delivery period being exceeded are made against one of the removal company's people, then this person can also invoke exemptions from liability and limits of liability. This does not apply if he acted intentionally or carelessly and in the knowledge that damage would probably result.
Contracting removal company
Should the removal be performed fully or in part by a third party (contracting removal company), then the latter is liable for damages caused by loss or damage to the goods or effects or resulting from the time of delivery provided by it being exceeded, in the same way as the removal company. The contracting removal company can avail itself of all defences to of which the removal company can avail itself from the freight contract. If claims are made against people who work for the contracting removal company, then the provision relating to personal liability also applies to them.
The removal company will advise the consignor of the possibility of concluding a liability agreement against payment of a corresponding amount, which will go beyond statutorily provided liability.
The removal company will advise the customer of the possibility of insuring the goods and effects against payment of a separate premium.
Note the following to prevent the lapse of claims for compensation: Immediately inspect the goods and effects on delivery for externally visible damage or loss. Specifically record this on the receipt or on a claims report or inform the removal company at latest on the day following delivery. Any damage or losses not noticeable externally should be advised to the removal company within 14 days following delivery. Generalised notifications of losses are insufficient in all cases.
If the goods and effects include hazardous goods (e.g. petrol or oil), the consignor has a duty to advise the removal company in good time of the nature of the hazard emanating from the goods and effects (e.g. fire hazard, caustic liquid, explosive substances etc.)