Liability Information of the Furniture Removal Firm according to §451g HGB
1. area of application
The carrier (hereinafter referred to as the Furniture Removal Firm) is liable according to the removal contract and the German Commercial Code (HGB). The same principles of liability apply to the transport of removal goods to and from places outside Germany. This also applies if different means of transport are used.
2. principles of liability
The Furniture Removal Firm is liable for the damage caused by loss of or damage to the removal goods in the period from the time of acceptance for transport to the time of delivery or by exceeding the delivery deadline (custody liability).
3. maximum amount of liability
The Furniture Removal Firm's liability for loss or damage is limited to an amount of 620,-€ per cubic meter of cargo space required for the performance of the contract. The Furniture Removal Firm's liability for exceeding the delivery time is limited to three times the amount of the freight. If the Furniture Removal Firm is liable for damages due to the violation of a contractual obligation connected with the execution of the removal, which are not caused by loss of or damage to the removal goods or by exceeding the delivery deadline, and if the damages are other than damage to property and personal injury, in this case the liability is limited to three times the amount that would be payable in the event of loss of the goods.
4. compensation for lost value
If the Furniture Removal Firm has to pay damages for loss, the value at the place and time of acceptance for transport shall be reimbursed. If the goods are damaged, the difference between the value of the undamaged goods and the value of the damaged goods shall be compensated. The place and time of taking over for carriage shall be decisive. As a rule, the value of the goods to be moved is determined by the market price. In addition, the costs of the damage assessment must be reimbursed.
5. exclusion of liability
The Furniture Removal Firm is exempt from liability if the loss, damage or exceeding of the delivery period is due to circumstances which the Furniture Removal Firm could not avoid even with the greatest care and the consequences of which it could not avert (unavoidable event).
6. special reasons for exclusion of liability
The Furniture Removal Firm is released from its liability if the loss or damage is due to one of the following risks:
1. carriage of precious metals, jewels, precious stones, money, stamps, coins, securities or documents
2. inadequate packaging or marking by the consignor;
3. handling, loading or unloading of the removal goods by the sender;
4. transport of goods not packed by the Furniture Removal Firm in containers
5. loading or unloading of removal goods whose size or weight does not correspond to the space conditions at the loading or unloading point, provided that the Furniture Removal Firm has informed the Consignor of the risk of damage in advance and the Consignor has insisted on the performance of the service;
6. carriage of live animals or plants;
7. natural or defective nature of the removal goods, according to which they are particularly susceptible to damage, in particular through breakage, malfunction, rust, internal spoilage or leakage.
If damage has occurred which, under the circumstances of the case, could have arisen from one of the risks described under 1-7, it is assumed that the damage has arisen from this risk. The Furniture Removal Firm may invoke the special reasons for exclusion of liability only if it has taken all measures incumbent upon it under the circumstances and has complied with special instructions.
7. non-contractual claims
The exemptions and limitations of liability also apply to an extra-contractual claim of the sender or the recipient against the Furniture Removal Firm due to loss or damage of the removal goods or due to exceeding the delivery time. The exemptions from and limitations of liability shall not apply if the damage is due to an act or omission which the Furniture Removal Firm has committed intentionally or recklessly and in the knowledge that damage would probably occur.
8. people's liability
If claims for damages from non-contractual liability for loss of or damage to the removal goods or for exceeding the delivery period are raised against one of the Furniture Removal Firm's employees, the latter may also invoke the exemptions and limitations of liability. This does not apply if he acted intentionally or recklessly and in the knowledge that damage would probably occur.
9. executing furniture forwarder
If the removal is carried out in whole or in part by a third party (the Furniture Removal Firm), the Furniture Removal Firm shall be liable for the damage caused by loss of or damage to the goods or by exceeding the delivery time during the transportation performed by it, in the same way as the Furniture Removal Firm. The Furniture Removal Firm may raise all objections to which the Furniture Removal Firm is entitled under the contract of carriage. The Furniture Removal Firm and the Furniture Removal Firm are jointly and severally liable. If claims are made against the Furniture Removal Firm's employees, the provisions on the liability of employees shall apply to them.
10. liability agreement
The Furniture Removal Firm draws the attention of the Sender to the possibility of agreeing with him, against payment of an appropriate fee, on a more extensive liability than that provided by law.
11. transport insurance
The Furniture Removal Company shall inform the sender of the possibility of insuring the goods against payment of a separate premium.
12. notice of damage
In order to prevent the expiration of claims for compensation, the following must be observed:
- The sender is obliged to examine the goods on delivery for externally visible damage or loss. These are to be recorded on the delivery receipt or a damage report - specified - or reported to the Furniture Removal Firm at the latest on the day after delivery.
- Damage or loss that is not externally visible must be reported to the Furniture Removal Firm within 14 days of delivery.
- Lump-sum notifications of damage are not sufficient in any case.
- Claims for exceeding the delivery time expire if the consignee does not notify the Furniture Removal Firm within 21 days after delivery.
- If a complaint is made after delivery, it must - in order to prevent the loss of the claim
- in any case in written form and within the time limits provided. The notification of damage can also be sent by means of a telecommunication device. A signature is not required if the exhibitor can be identified in any other way.
- Timely dispatch shall be sufficient to comply with the time limits.
13. dangerous removal goods
If the removal goods include dangerous goods (e.g. petrol or oils), the sender is obliged to inform the Furniture Removal Firm in good time of the nature of the danger posed by the goods (e.g. flammability, caustic liquid, explosive substances, etc.).