General Terms and Conditions

deinMove removals Ulm / Status March 2021

1. Services

1.1 The Furniture Removal Firm shall fulfil its obligations with the utmost care and in the interest of the Consignor against payment of the agreed fee.

1.2 If unforeseeable expenses arise in the course of the contractual performance, these must be reimbursed by the Customer if the Freight Forwarder could consider them necessary under the circumstances.

1.3 If the consignor extends the scope of services after conclusion of the contract, the additional costs incurred as a result shall be remunerated at an appropriate level.

1.4 Unless otherwise agreed, the Furniture Removal Firm's personnel are not authorised to carry out electrical, gas, dowelling and other installation work. Insofar as services are contractually agreed that are not part of the freight contract, liability is limited to 50,000 euros per claim. This limitation of liability does not apply if the damage was caused by intent or negligence on the part of the Furniture Removal Firm or its personnel or by breach of material contractual obligations, whereby claims for compensation in the latter case are limited to the foreseeable, typical damage. The Furniture Removal Firm shall only be liable for the careful selection of additional craftsmen.

2. Additional load transport

The removal may also be carried out as additional transport.

3. Commissioning of third parties

The removal company may commission another carrier to carry out the removal.

4. Tips

Tips will not be deducted from the invoice amount.

5. Reimbursement of removal costs

If the sender has a claim against a third party for reimbursement of removal costs, he shall instruct the third party to pay the agreed and due reimbursement of removal costs, less any advance payments or instalments made, directly to the Furniture Removal Firm upon request.

6. Transport security/shipper's duty of notification

6.1 The sender is obliged to have moving or electronic parts, especially on sensitive devices, professionally secured for transport.

6.2 The Furniture Removal Firm is not obliged to check that the goods have been properly secured for transport.

6.3 If the removal goods include dangerous goods, the Shipper is obliged to inform the Mover in good time of the nature of the danger posed by the goods.

7. Offsetting

Offsetting against claims of the Furniture Removal Firm is only permitted with due counterclaims that are legally established, ready for judgement or undisputed.

8. Instructions and notifications

Instructions and notifications from the consignor regarding the execution of the transport are to be addressed exclusively to the contractor in text form.

9. Verification by the sender

When collecting the removal goods, the sender is obliged to check that no item has been mistakenly taken or left behind.

10. Due date of the agreed fee

10.1 Unless otherwise contractually agreed, the invoice amount is due prior to completion of delivery for domestic shipments and prior to commencement of loading for international shipments and must be paid in cash or by prior bank transfer to the Freight Forwarder's business account.

10.2 Expenses in foreign currency shall be settled according to the exchange rate determined on the day of payment.

10.3 If the Shipper does not fulfil his payment obligation, the Mover is entitled to stop the removal goods or to store them after the start of the transport at the expense of the Shipper until payment of the freight and the expenses incurred up to this point in time. If the sender still fails to meet his payment obligation, the Furniture Removal Firm is entitled to realise the pledge in accordance with the statutory provisions.

10.4 Section 419 HGB shall apply accordingly.

11. Storage

The following additional provisions apply to storage:

11.1 In the case of storage, the Customer is also obliged to inform the Freight Forwarder if goods that are flammable, explosive, radiant, prone to spontaneous combustion, toxic, corrosive or foul-smelling or any other goods that could be detrimental to the warehouse and/or other stored goods and/or persons are to become the subject of the contract.

11.2 The Warehouse Keeper shall generally provide the following services:

11.2.1 Storage takes place in suitable in-house or external storage facilities; suitable furniture vans or containers are equivalent to storage facilities. If the Freight Forwarder stores goods with a third-party warehouse keeper, he must immediately inform the Principal in writing of the warehouse keeper's name and storage location or, if a warehouse warrant has been issued, make a note on it.

11.2.2 Upon storage, a list of the stored goods shall be drawn up and signed by the depositor and warehouse keeper. The goods should be numbered consecutively. Containers are recorded in terms of quantity. The warehouse keeper may dispense with the preparation of the storage list if the stored goods are placed directly at the loading point in a container, which is stored there in a sealed and locked condition.

11.2.3 A copy of the storage contract and the storage list shall be handed over or sent to the depositor after acceptance. In the case of partial removals, corresponding write-offs shall be made on the warehouse warrant or the warehouse register.

11.3 The Warehouse Keeper shall be entitled to hand over the stored goods against presentation of the storage contract with the storage list or a corresponding endorsement on the list, unless the Warehouse Keeper is aware, or is unaware due to gross negligence, that the presenting party is not authorised to accept the stored goods. The Warehouse Keeper is authorised, but not obliged, to check the legitimacy of the person presenting the warehouse register and the storage contract.

11.4 Upon complete delivery of the stored goods, the depositor shall be obliged to return the storage contract with the inventory and to issue a written acknowledgement of receipt. In the event of partial delivery of the stored goods, the Warehouse Keeper and the depositor shall make corresponding write-offs in writing on the storage list and in the storage contract.

11.5 During the period of storage, the depositor shall be entitled to inspect the stored goods in the company of the warehouse keeper during the latter's business hours. The appointment must be arranged 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 of any changes of address immediately in text or written form. The depositor may not invoke the lack of receipt of notifications 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 the 3rd working day of each month at the latest. The storage fee for the following months is also due at the beginning of each month without a special invoice being issued.

11.8 The Warehouse Keeper is not obliged to verify the authenticity of the signatures on the documents relating to the stored goods or the authorisation of the signatory, unless the Warehouse Keeper is aware, or is unaware due to negligence, that the signatures are not authentic or that the signatory is not authorised.

11.9 If a fixed term of the contract has not been agreed, the parties may terminate the contract in writing or in text form subject to a notice period of one month, unless there is an important reason which entitles the parties to terminate the contract without observing the notice period.

11.10. In the case of contracts with parties other than consumers, the ALB (General Terms and Conditions of Storage of Deutscher Möbeltransports) shall be deemed agreed. These are available at www.amoe.de/ALB.

12. Withdrawal and cancellation

12.1 The removal is a service within the meaning of § 312 g paragraph 2 sentence 1 number 9 BGB. There is no statutory right of cancellation according to § 355 BGB.

12.2 The Shipper may terminate the removal contract at any time. If the sender cancels, the Furniture Removal Firm may, if the cancellation is based on reasons that are not attributable to its area of risk, either

12.2.1. the agreed freight, any demurrage and any expenses to be reimbursed. Any expenses saved as a result of the cancellation of the contract or otherwise acquired or maliciously refrained from acquiring shall be offset against this amount;

12.2.2. or a lump sum of one third of the agreed freight.

13. Place of jurisdiction

13.1 The court in whose district the branch office of the Furniture Removal Firm commissioned by the Shipper is located has exclusive jurisdiction for legal disputes with registered traders on the basis of this contract and for claims arising from other legal grounds in connection with the removal contract.

13.2 For legal disputes with parties other than registered traders, exclusive jurisdiction shall only apply in the event that the sender moves his domicile or usual place of residence abroad after conclusion of the contract or his domicile or personal place of residence is unknown at the time the action is brought.

14. Choice of law

German law applies.

15. Data protection

The Furniture Removal Firm uses the data provided by the customer to fulfil and process the order. The data will be passed on to vicarious agents if they are used to fulfil the order. The data will not be passed on to other third parties. Once the order has been fully processed and payment has been made in full, the data will be blocked for further use and deleted after expiry of the tax and commercial law regulations.