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Liability information of the removal company

The liability of the removal company

Liability provisions according to § 451 g HGB

The removal company is liable as a carrier in accordance with the removal contract and the German Commercial Code (HGB). These principles of liability also apply to cross-border transport beginning or ending in Germany, even if different means of transport are used. The liability provisions apply accordingly to storage where the depositor is a consumer.

I. Principles of liability

The Furniture Removal Firm is liable for damage caused by loss of or damage to the goods while they are in its care

II. Maximum liability amount

The Mover's liability for loss or damage is limited to an amount of 620 euros per cubic metre of loading space required to fulfil the contract. The Mover's liability for exceeding the delivery period is limited to three times the amount of the freight. If the Furniture Removal Firm is liable for damages not caused by loss of or damage to the goods or by exceeding the delivery deadline due to a breach of a contractual obligation in connection with the execution of the removal, and if the damages are other than damage to property and personal injury, the liability in this case is limited to three times the amount that would be payable if the goods had been lost.

III. compensation for lost value

If the Furniture Removal Firm has to pay compensation for the loss of the goods, the value at the place and time of acceptance for transport shall be reimbursed. 

The value of the goods at the place and time of acceptance is decisive. The value of the goods is determined by the market price. In both cases, the costs of the damage assessment shall also be reimbursed.

IV. Exclusion of liability

The Furniture Removal Firm shall be exempt from liability if the loss, damage or delay in delivery is due to an unavoidable event which the Furniture Removal Firm could not avoid even with the greatest care and the consequences of which it was unable to avert.

V. Special grounds for exclusion of liability

1. the Furniture Removal Firm is exempt from liability if the loss or damage is due to one of the following risks:

  1. Transport and storage of precious metals, jewellery, precious stones, money, stamps, coins, securities or documents;
  2. Insufficient packaging or labelling of the removal goods by the sender;
  3. Handling, loading or unloading of the goods by the consignor;
  4. Transport and storage of goods not packed by the removal company in containers;
  5. Loading or unloading of goods whose size or weight does not correspond to the space available at the loading or unloading point, provided that the Furniture Removal Firm has previously informed the sender of the risk of damage and the sender has insisted on the performance of the service;
  6. Transport and storage of live animals or plants;
  7. natural or defective nature of the goods, as a result of which they are particularly susceptible to damage, in particular through breakage, malfunction, rust, internal spoilage or leakage.

 

2. the Furniture Removal Firm is exempt from liability if the loss or damage is due to one of the following risks:

3. the Warehouse Keeper shall not be liable for damage caused by nuclear energy and radioactive or radioactive substances.

 

VI Validity of the exemptions and limitations of liability

1. the exemptions and limitations of liability also apply to claims arising from non-contractual liability for loss of or damage to the goods or for exceeding the delivery period, unless the Furniture Removal Firm acted wilfully or recklessly and with the knowledge that damage would probably occur.

2. the aforementioned exemptions and limitations of liability also apply to the Furniture Removal Firm's personnel.

VII Executing mover

If the removal company commissions another removal company to carry out the removal, the latter shall be liable in the same way as the commissioned removal company as long as the goods are in its care. The removal company carrying out the removal may assert all defences under the freight contract.

VIII Transport and storage insurance

It is possible to insure the goods over and above the statutory liability. The Furniture Removal Firm shall take out transport or storage insurance at the customer's request and against payment of a separate premium.

IX. Damage report

The following important special features apply to the assertion of claims for damages:

  1. Externally recognisable damage and loss of the goods should be recorded in detail on the delivery note or a damage report upon delivery. Such damage or loss must be reported to the Furniture Removal Firm in detail in text form (e-mail, letter, fax) no later than the next day.
  2. Damage and losses that are not externally recognisable must be reported to the removal company within 14 days of delivery, also in detail in text form.
  3. If damages and losses are not claimed within the specified periods, the claims for compensation shall lapse.
  4. Delivery delays must be reported in text form within 21 days of delivery. Otherwise, the claim shall lapse after expiry of the deadline.
  5. The timely dispatch of a detailed notification in text form to the authorised or delivering mover, which identifies its issuer, is sufficient to comply with the deadlines.

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