General terms and conditions
1. assignment of a further carrier
The Furniture Removal Company may call upon a carrier to carry out the transport.
2. additional services
The Furniture Removal Firm shall perform its obligations with the due diligence of a prudent Furniture Removal Firm against payment of the agreed remuneration, while safeguarding the interests of the consignor. In addition, special services and expenses that were not foreseeable at the time of the conclusion of the contract shall be remunerated. The same applies if the scope of services is extended by the sender after conclusion of the contract.
Tips cannot be offset against the invoice of the removal company.
4. reimbursement of the removal costs
Insofar as the sender has a claim for removal cost reimbursement against a department or an employer, he shall instruct this department to pay the agreed and due removal cost reimbursement less any down payments or partial payments made directly to the Furniture Removal Firm upon request.
5. transport security
The sender is obliged to have moving or electronic parts of highly sensitive devices such as washing machines, record players, television, radio and hi-fi equipment, EDP systems professionally secured for transport. The Furniture Removal Firm is not obliged to check that the goods have been properly secured for transport. The general damage participation of the client is 300 Euro per claim and damage event.
6. electrical and installation work
Unless otherwise agreed, the Furniture Removal Firm's personnel are not authorized to carry out electrical, gas, dowel and other installation work.
7. craftsman's agency
In the case of services provided by additional craftsmen, the Furniture Removal Firm is only liable for careful selection.
The Furniture Removal Company may only offset claims of the Furniture Removal Company against due counterclaims that have been legally established or are undisputed.
The Furniture Removal Firm is obliged, upon request of the person entitled to replacement, to assign to the person entitled to replacement the rights to which he is entitled under the insurance contract to be concluded by him.
The Furniture Removal Firm shall not be responsible for the risk of misunderstanding of order confirmations, instructions and notifications other than those in writing and those sent to other Furniture Removal Firm employees not authorized to accept them.
11. verification by the Consignor
When collecting the removal goods, the sender is obliged to check that no object or equipment has been taken or left by mistake.
12. maturity of the agreed remuneration
The invoice amount is due before unloading is completed in the case of domestic transport, and before loading begins in the case of transport abroad, and is payable in cash or in the form of equivalent means of payment. Cash expenses in foreign currency shall be paid according to the invoiced exchange rate. If the sender does not meet his payment obligation, the Furniture Removal Firm is entitled to stop the removal goods or to store them at the expense of the sender after the beginning of the transport. § In case of cancellation or postponement of the order, the cancellation fee is 10% of the total amount if the appointment is cancelled up to 7 calendar days before the beginning of the order, and 20% thereafter.
13. storage contract
In case of storage, the General Storage Conditions of the German Furniture Transport (ALB) apply. These will be made available upon request of the sender.
14. lien § 441 HGB
(1) The carrier has a lien on the goods for all claims based on the contract of carriage as well as for undisputed claims arising from other contracts of carriage, forwarding or storage concluded with the sender. The lien extends to the accompanying documents.
(2) The lien shall exist as long as the carrier has the goods in his possession, in particular as long as he can dispose of them by means of a bill of lading, bill of lading or warehouse warrant.
(3) The lien shall continue to exist after delivery if the carrier asserts it in court within three days of delivery and the goods are still in the possession of the consignee.
(4) The threat of sale of the lien referred to in section 1234 paragraph 1 of the German Civil Code and the notifications provided for in sections 1237 and 1241 of the German Civil Code shall be addressed to the consignee. If the consignee cannot be identified or refuses to accept the goods, the threat and the notification shall be addressed to the consignor.
The Freight Forwarder has a lien on the goods for all claims based on the contract of freight forwarding as well as for undisputed claims arising from other contracts of freight forwarding, carriage and storage concluded with the Consignor. § 441 par. 1 sentence 2 to par. 4 shall apply accordingly.
15. place of jurisdiction
For legal disputes with registered traders on the basis of this contract and other claims on other legal grounds related to the transport order, the court in Fürth shall have exclusive jurisdiction. For legal disputes with persons other than registered traders, the exclusive jurisdiction shall only apply in the event that the sender moves his residence or usual place of abode abroad after conclusion of the contract or if his residence or personal place of abode is unknown at the time the action is filed.
16. choice of law
German law applies.