- Relocation
Commercial removals
The Furniture Removal Firm shall fulfil its obligations with the utmost care and in the interests of the sender against payment of the agreed fee.
(2) If unforeseeable expenses are incurred within the scope of the contractual service, these shall be reimbursed by the sender, provided that the Furniture Removal Firm could consider them necessary under the circumstances, plus a reasonable fee.
(3) If the sender extends the scope of services after conclusion of the contract, the additional costs incurred as a result, including reasonable remuneration, shall be reimbursed.
(4) Unless otherwise agreed, the Furniture Removal Firm's personnel are not obliged to carry out dowelling, electrical, plumbing and other installation work.
(5) The Furniture Removal Firm is only liable for the careful selection of additional craftsmen.
(6) For contracts with parties other than consumers, the Logistics T&Cs 2019 shall apply in addition. These are available at www.amoe.de/logistikagb. Insofar as individual clauses contradict each other, the GTC Relocation 2022 shall take precedence over the Logistics GTC 2019.
The removal may also be carried out as additional transport.
Unless otherwise agreed, the removal company may commission another removal company to carry out the removal.
(1) If the sender does not request packaging and labelling by the Furniture Removal Firm, the Furniture Removal Firm shall inform the sender of the exclusion of liability pursuant to Section 451 d (1) (2) HGB. The Furniture Removal Firm is neither authorised nor obliged to inspect the goods packed by the Consignor, except in cases of obvious unsuitability of the packaging.
(2) In the case of packing by the Furniture Removal Firm, the Furniture Removal Firm shall not be liable for transport damage if malfunctions in the function of the removal goods cannot be ruled out due to the natural or defective nature of the removal goods, unless the sender has given the Furniture Removal Firm special instructions in this regard.
(3) If the removal goods include dangerous goods, the sender is obliged to inform the Furniture Removal Firm in good time of the nature of the danger posed by the goods. Dangerous goods in the context of the removal are flammable or explosive, radiating, self-igniting, toxic, corrosive, foul-smelling or similar goods. These include, in particular, rechargeable batteries, batteries, combustibles and heating agents, chemicals, gases, solvents, ammunition, etc.
(4) For removal goods which, due to their size or weight and the conditions at the destination, cannot be unloaded without the risk of damage, the Furniture Removal Firm must obtain instructions from the sender. In the event of obstacles to transport or delivery, § 419 HGB applies.
Offsetting against claims of the Furniture Removal Firm is only permitted with due counterclaims that are legally established, ready for judgement or undisputed.
Instructions and notifications from the consignor regarding the execution of the transport must be sent in text form exclusively to the appointed Furniture Removal Firm in accordance with Section 1 (1).
The sender is responsible for determining the removal goods. The sender must ensure that no items are taken in breach of contract that are not the sender's removal goods and that no items are left behind.
(1) Unless otherwise contractually agreed, the agreed remuneration, including the claims of the Furniture Removal Firm pursuant to sections 1 (2) and (3) of these Terms and Conditions, shall be due upon delivery or, in the case of international shipments, prior to commencement of loading.
(2) Expenses in foreign currency shall be settled according to the exchange rate determined on the day of payment.
(3) If the sender does not fulfil his payment obligation, the Furniture Removal Firm is entitled to stop the removal goods or to store them after the start of the transport at the sender's expense until payment of the fee 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 a pledge in accordance with the statutory provisions.
(4) The realisation of the pledge shall be carried out in accordance with the statutory provisions, subject to the proviso that the threat of the sale of the pledge and the necessary notifications must be addressed to the sender when the legal right of lien of the Furniture Removal Firm is exercised.
(5) Section 419 HGB shall apply accordingly.
The following supplementary provisions apply to storage:
(1) In the case of storage, the depositor is also obliged to inform the mover if goods that are flammable or explosive, radiant, prone to spontaneous combustion, toxic, corrosive, 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.
(2) The warehouse keeper shall generally provide the following services:
a) Storage shall take place in suitable company-owned or third-party storage rooms; furniture vans or containers suitable for storage shall be deemed equivalent to storage rooms. If the Furniture Removal Firm stores the goods with a third-party warehouse keeper, it must immediately inform the depositor in writing of the latter's name and storage location or, if a warehouse warrant has been issued, make a note on it.
b) Upon storage, a list of the stored goods is drawn up and signed by the depositor and warehouse keeper. The goods should be numbered consecutively. Containers are recorded by number. 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.
c) 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, the warehouse register or the write-off note.
(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, 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 storage list and the storage contract.
(4) The depositor is obliged to issue a written acknowledgement of receipt upon complete delivery of the stored goods. In the event of partial delivery of the stored goods, the warehouse keeper and the depositor shall make corresponding write-offs on the warehouse warrant, the warehouse register or the write-off note.
(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.
(6) The depositor is obliged to inform the warehouse keeper of any changes of address in text form without delay. He may not invoke the lack of receipt of notifications sent by the warehouse keeper to the last known address.
(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.
(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 knows or is unaware due to negligence that the signatures are not genuine or that the signatory is not authorised.
(9) If a fixed term of the contract has not been agreed, the parties may terminate the contract in text form subject to a notice period of one month, unless there is good cause entitling the parties to terminate the contract without observing the notice period.
(10) For 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.
(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.
(2) The sender may cancel the removal contract at any time.
(3) If the sender cancels the contract, the Furniture Removal Firm may either
a) the agreed remuneration, any demurrage and any expenses to be reimbursed, taking into account any expenses saved or otherwise acquired or maliciously omitted as a result of the cancellation of the contract;
b) or demand a lump sum of one third of the agreed remuneration. If the cancellation is based on reasons attributable to the Mover's sphere of risk, the claim for carriage in accordance with Section 3. b. shall lapse; in this case, the claim in accordance with Section 3. a. shall also lapse insofar as the carriage is of no interest to the sender.
(1) The court in whose district the branch office of the Furniture Removal Firm commissioned by the Shipper is located shall have 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 or storage contract.
(2) For legal disputes arising from this contract with parties other than registered traders, § 30 ZPO applies.
German law applies.
With regard to the processing of personal data, the Furniture Removal Firm's privacy policy applies.
The contracted removal company within the meaning of Section 1 (1) is obliged and willing to participate in dispute resolution proceedings before a consumer arbitration board. The competent arbitration centre is the "Schlichtungsstelle Umzug" at the Bundesverband Möbelspedition und Logistik (AMÖ) e.V., Schulstraße 53, 65795 Hattersheim www.schlichtungsstelle-umzug.de
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