The logo of "maier" - Möbelspedition Maier e.K., written in red lower case letters. Below the main logo are three German words in capital letters and white lettering: "umzug logistik lagerung", which refers to the services offered by the company.

Liability information

The mover's liability

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 liability principles also apply to cross-border transportation 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 shall be limited to an amount of EUR 620 per cubic meter of loading space required for the performance of 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 period 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 have been payable if the goods had been lost.

III. compensation for lost value

If the mover has to pay compensation for loss of the goods, the value at the place and time of acceptance for transportation 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 assessing the damage 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. Transportation and storage of precious metals, jewels, gemstones, money, stamps, coins, securities or documents;
  2. Inadequate packaging or labeling of the removal goods by the sender;
  3. Handling, loading or unloading of the goods by the consignor;
  4. Transportation and storage of goods not packed by the mover 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 informed the consignor in advance of the risk of damage and the consignor has insisted on the performance of the service;
  6. Transportation and storage of live animals or plants;
  7. natural or defective condition of the goods, as a result of which they are particularly susceptible to damage, in particular due to 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 intentionally or recklessly and in 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 Furniture Removal Firm commissions another Furniture Removal Firm to carry out the removal, the latter shall be liable in the same way as the Furniture Removal Firm commissioned for as long as the goods are in its care. The removal company carrying out the removal may assert all objections under the freight contract.

VIII Transportation and storage insurance

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

IX. Damage report

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

  1. Externally recognizable damage and loss of the goods should be precisely recorded on the delivery receipt 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 visible must be reported to the Furniture Removal Firm 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 be forfeited after expiry of the deadline.
  5. The timely dispatch of a detailed notification in text form to the commissioned or delivering Furniture Removal Firm, which identifies its issuer, is sufficient to comply with the deadlines.

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