General terms and conditions of business

1. Engaging another freight carrier

The removal company can engage a freight forwarder to carry out the removal.

2. Additional services

The removal company carries out its obligations with the usual care of a proper removal company, while safeguarding the interests of the sender, in return for payment of the agreed fee. Special services and expenses that were not foreseeable at the time of conclusion of the contract must also be paid for. The same applies if the scope of services is expanded by the sender after conclusion of the contract.

3. Tips

Tips cannot be offset against the removal company’s invoice.

4. Reimbursement of moving costs

If the sender is entitled to reimbursement of removal costs from an office or employer, he instructs this office to pay the agreed and due removal costs, less any advance payments or partial payments made, directly to the removal company upon request.

5. Transport locks

The sender is obliged to have movable or electronic parts of highly sensitive devices such as washing machines, record players, televisions, radios and hi-fi devices, and computer systems professionally secured for transport. The removal company is not obliged to check that the transport is properly secured. The client’s general contribution to damages is 300 euros per claim and damage event.

6. Electrical and installation work

Unless otherwise agreed, the removal company’s employees are not authorized to carry out electrical, gas, dowel or other installation work.

7. Craftsmen placement

In the case of services provided by additional tradesmen, the removal company is only liable for careful selection.

8. Set-off

Set-off against claims of the removal company is only permitted with due counterclaims that have been legally established or are undisputed.

9. Assignment

At the request of the person entitled to compensation, the removal company is obliged to assign to the person entitled to compensation the rights to which it is entitled under the insurance contract it has concluded.

10. Misunderstandings

The removal company is not responsible for the risk of misunderstandings arising from orders other than written confirmations, instructions and communications from the sender and those sent to other people of the removal company who are not authorized to accept them.

11. Verification by the sender

When picking up the removal goods, the sender is obliged to check that no object or piece of furniture is taken or left behind by mistake.

12. Due date of the agreed fee

The invoice amount is due before unloading is completed for domestic transport and before loading begins for international transport and must be paid in cash or in the form of equivalent means of payment. Cash expenses in foreign currency are to be paid according to the exchange rate calculated. If the sender fails to meet his payment obligation, the removal company is entitled to hold the removal goods or to store them at the sender’s expense after the transport has begun. Section 419 applies accordingly. If an order is cancelled or postponed, the cancellation fee for an appointment cancelled up to 14 calendar days before the start of the order is 10% of the total amount, after that it is 33%.

13. Storage contract

In the case of storage, the General Storage Conditions of the German Furniture Transport Association (ALB) apply. These will be made available upon request from the sender.

14. Lien § 441 HGB

(1) The carrier shall have a lien on the goods for all claims arising from the contract of carriage and for undisputed claims arising from other contracts of carriage, forwarding or warehousing concluded with the consignor. The lien shall extend 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, consignment note or warehouse receipt.

(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 warning of the sale of the pledge referred to in Section 1234, paragraph 1, of the Civil Code and the notifications provided for in Sections 1237 and 1241 of the Civil Code shall be addressed to the recipient. If the recipient cannot be identified or refuses to accept the goods, the warning and notification shall be addressed to the sender.

The freight forwarder has a lien on the goods for all claims arising from the freight forwarding contract as well as for undisputed claims from other freight forwarding, freight and storage contracts concluded with the consignor. Section 441 paragraph 1 sentences 2 to paragraph 4 shall apply accordingly.

15.Revocation

The move is a service within the meaning of Section 312 g Paragraph 2 Sentence 1 Number 9 of the German Civil Code (BGB). There is no statutory right of cancellation according to Section 355 of the German Civil Code (BGB).

16. Place of jurisdiction

The court in Fürth has exclusive jurisdiction for legal disputes with registered merchants based on this contract and other claims for other legal reasons that are related to the transport order. For legal disputes with persons other than registered merchants, exclusive jurisdiction only applies if the sender moves his place of residence or usual abode abroad after the contract has been concluded or if his place of residence or personal abode is not known at the time the action is brought.

17. Choice of law

German law applies.

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