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0231 144913

FISCHER UMZÜGE GMBH
Zentrale Dortmund
Walter-Welp-Straße 28
44149 Dortmund, Germany

MAIL
info@fischer-umzuege.de

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GTC & LIABILITY

GENERAL TERMS AND CONDITIONS FOR REMOVALS AND STORAGE

1. Services
1.1 The Furniture Removal Firm shall perform its obligation with the greatest care and in the interest of the sender against payment of the agreed remuneration.

1.2 If unforeseeable expenses arise within the scope of the contractual performance, these shall be reimbursed by the customer, insofar as the Furniture Removal Firm could consider them necessary under the circumstances.

1.3 If the sender expands the scope of services after conclusion of the contract, the additional costs incurred as a result shall be reimbursed at a reasonable rate.

1.4 Unless otherwise agreed, the personnel of the Furniture Removal Firm shall not be entitled to carry out electrical, gas, dowel and other installation work. If services are contractually agreed which are not part of the freight contract, liability shall be limited to 50,000 Euro per claim. This limitation of liability shall 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 essential contractual obligations, whereby claims for damages in the latter case shall be limited to the foreseeable, typical damage. The Furniture Removal Firm shall only be liable for careful selection in the case of services provided by additionally procured craftsmen.

2. Additional load transport
The move may also be carried out as an additional load transport.

3. Assignment of third parties
The Furniture Removal Firm may appoint another carrier to carry out the removal.

4. Tips
Tips are not 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 made or partial payments directly to the Furniture Removal Firm upon request.

6. Transport securing / obligation to notify the sender
6.1 The sender is obliged to have movable or electronic parts professionally secured for transport, in particular on sensitive equipment.

6.2 The Furniture Removal Firm is not obliged to inspect the proper transport securing. 6.3 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.

7. Set-off
Offsetting against claims of the Furniture Removal Firm is only permissible against due counterclaims which have been legally established, are ready for decision or are undisputed.

8. Instructions and communications
Instructions and notifications of the sender regarding the performance of the carriage shall be addressed in text form exclusively to the Contractor.

9. Verification by the consignor
When the removal goods are collected, the consignor is obliged to check that no objects are mistakenly taken or left behind.

10. Due date of the agreed remuneration
10.1 Unless otherwise contractually agreed, the invoice amount shall be due and payable in cash or by prior transfer to the business account of the Furniture Removal Firm in the case of domestic transport prior to completion of delivery and in the case of international transport prior to commencement of loading.

10.2 Expenses in foreign currency shall be settled at the exchange rate prevailing on the date of payment.

10.3 If the consignor does not meet his payment obligation, the Furniture Removal Firm is entitled to stop the removal goods or to store them at the consignor's expense after the start of the transport until the freight and expenses incurred up to this point have been paid. If the consignor does not meet his payment obligation even then, the Furniture Removal Firm shall be entitled to enforce a pledge in accordance with the statutory provisions.

10.4 § 419 HGB applies accordingly.

11. Storage
The following additional provisions shall apply to storage:

11.1 In the case of storage, the storing party shall furthermore be obliged to inform the removal firm if goods which are dangerous to fire or explosion or radiating, prone to self-ignition, poisonous, corrosive or foul-smelling, or any goods at all which give rise to fears of disadvantages for the warehouse and/or for other stored goods and/or for persons, are to become the subject of the contract. General Terms and Conditions for Removals and Storage

11.2 In principle, the warehouse keeper shall provide the following services:

11.2.1 Storage shall take place in suitable company-owned or external storage rooms; storage rooms are equivalent to storage vans or containers suitable for storage. If the freight forwarder stores goods with a third-party warehouse keeper, he must immediately notify the principal in writing of the name and location of the warehouse keeper or, if a warehouse warrant has been issued, make a note thereof.

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 shall be numbered consecutively. Containers are recorded in terms of quantities. The warehouse keeper may dispense with the compilation of the warehouse register if the stored goods are placed directly at the loading point in a container, where it is stored locked and sealed.

11.2.3 A copy of the storage contract and the storage register shall be handed over or sent to the depositor after acceptance. In the case of partial removal from storage, corresponding write-downs 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 on presentation of the storage contract with storage list or a corresponding depreciation note contained in the list, unless the warehouse keeper is aware, or is unaware as a result of gross negligence, that the person presenting the goods is not authorised to receive them. The warehouse keeper is authorised, but not obliged, to verify the legitimacy of the person presenting the warehouse register and the storage contract.

11.4 The depositor is obliged to return the storage contract with the list upon complete delivery of the stored goods and to issue a written acknowledgement of receipt. In the case of partial delivery of the stored goods, the warehouse keeper and the depositor shall make the corresponding write-downs in writing on the warehouse register and in the storage contract.

11.5 During the storage period, the depositor shall be entitled to inspect the stored goods in the company of the warehouse keeper during business hours. The date must be agreed in advance. The storage contract and the storage register are to be submitted at the time of the appointment.

11.6 The storing party is obliged to inform the warehouse keeper immediately of any changes of address in text or written form. He cannot 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 in advance to the warehouse keeper by the 3rd working day of each month at the latest. The storage fee for the following months is due at the beginning of the respective month even without special invoicing.

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 authority of the signatory, unless the warehouse keeper is aware, or is unaware as a result of negligence, that the signatures are not in conformity with the original.

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 period of notice of one month, unless there is an important reason which entitles the parties to terminate the contract without observing the period of notice.

11.10. In the case of contracts with parties other than consumers, the General Terms and Conditions of Storage of German Furniture Transport (ALB) shall be deemed to have been agreed. These are on www.amoe.de/ALBabrufbar.

12. withdrawal and termination
12.1 The move is a service in the sense of § 312 g paragraph 2 sentence 1 number 9BGB. There is no legal right of withdrawal according to § 355 BGB.

12.2 The sender can cancel the removal contract at any time. If the sender terminates the contract, the Furniture Removal Firm may, if the termination is based on reasons which are not attributable to his area of risk, either

12.2.1. demand the agreed freight, any demurrage charges and expenses to be reimbursed. This amount shall be set off against any expenses saved or otherwise acquired or maliciously omitted to acquire as a result of the rescission of the contract;

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

13. place of jurisdiction
13.1 For legal disputes with fully qualified merchants on the basis of this contract and on claims on other legal grounds connected with the removal contract, the court in whose district the branch of the Furniture Removal Firm commissioned by the sender is located shall have exclusive jurisdiction.

13.2 For legal disputes with persons 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 not known at the time the action is filed.

14. choice of law
German law applies.

15. data protection
The Furniture Removal Company uses the data provided by the customer for the fulfilment and processing of the order. The data will be passed on to vicarious agents as far as they are used to fulfil the order. A passing on of the data to other third parties does not take place. Once the order has been completed and payment has been made in full, the data will be blocked for further use and deleted after expiry of the tax and commercial regulations.

16. AMÖ Clearing House
16.1 In the event of differences of opinion with consumers arising from or in connection with this contract, which cannot be resolved in the relationship between the parties, the consumer has access to the AMÖ Settlement House in the event of a complaint. This is set up at the Bundesverband Möbelspedition und Logistik (AMÖ) e.V. Schulstraße 53 I 65795 Hattersheim Tel.: 06190 989813 I Fax: 06190 989820 E-Mail: info@amoe.de I Internet: www.amoe.de Consumers can call upon the AMÖ conciliation body in order to resolve the dispute in whole or in part, provisionally or finally in accordance with the procedural rules of the AMÖ conciliation body in the version valid at the time the conciliation proceedings are initiated. The conciliation award is binding for the AMÖ freight forwarder if the subject matter of the complaint is assigned to the jurisdiction of the local courts in accordance with the Court Constitution Act.

16.2 The application for the opening of the conciliation procedure shall be made in text form.

16.3 The procedure is free of charge for consumers.

Liability of the Furniture Removal Firm

INFORMATION ON LIABILITY PROVISIONS PURSUANT TO § 451 g HGB (German Commercial Code)

The Furniture Removal Firm is liable as a carrier according to the removal contract and the German Commercial Code (HGB). These liability principles shall also apply to cross-border transport with commencement or end in Germany, even if different means of transport are used for this purpose. The liability provisions shall apply mutatis mutandis to storage where the depositor is a consumer.

I. Principles of liability
The Furniture Removal Firm shall be liable for any damage caused by loss of or damage to the goods while they are in its care.

II. Maximum amount of liability
The liability of the Furniture Removal Firm for loss or damage is limited to an amount of 620 euros per cubic metre of loading space required for the performance of the contract. If the delivery period is exceeded, the liability of the Furniture Removal Firm is limited to three times the amount of the freight. If the Furniture Removal Firm is liable for damage other than loss of or damage to the goods or failure to meet the delivery deadline as a result of a breach of a contractual obligation connected with the performance of the removal, and if the damage is other than damage to property or personal injury, in this case the liability shall be limited to three times the amount payable in the event of loss of the goods.

III. compensation for loss of value
If the Furniture Removal Firm is liable to pay compensation for loss of the goods, the value at the place and time of acceptance for carriage shall be reimbursed. If the goods are damaged, the difference between the value of the undamaged goods and the value of the damaged goods shall be compensated. The value of the goods at the place and time of taking over shall be decisive. The value of the goods shall be determined by the market price. In both cases the costs of ascertaining the damage shall also be reimbursed.

IV. Disclaimer
The Furniture Removal Firm shall be released 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 could not avert.

V. Special reasons for exclusion of liability
(1) The Furniture Removal Firm shall be released from its liability insofar as the loss or damage is attributable to one of the following risks:

1. carriage and storage of precious metals, jewels, precious stones, money, stamps, coins, securities or documents;
2. inadequate packaging or marking by the consignor;
3. handling, loading or unloading of the goods by the consignor;
4. carriage and storage in containers of goods not packed by the removal firm;
5. loading or unloading of goods whose size or weight does not correspond to the space available at the place of loading or unloading, provided that the Furniture Removal Firm has previously informed the consignor of the risk of damage and the consignor has insisted on the performance of the service;
6. transport and storage of live animals or plants;
7. the natural or defective nature of the goods, which makes them particularly susceptible to damage, in particular through breakage, malfunction, rust, internal spoilage or leakage. If damage has occurred which, under the circumstances of the case, could have arisen from one of the dangers referred to in 1. to 7. above, it is assumed that the damage has arisen from this danger. The Furniture Removal Firm may invoke the special grounds for exclusion of liability only if it has taken all measures incumbent upon it under the circumstances and has complied with special instructions.

(2) The warehouse keeper shall not be liable for damage caused by nuclear energy and to radioactive or radioactive materials.

VI. validity of exemptions from and limitations of liability
(1) The exemptions from and limitations of liability shall 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 has acted wilfully or recklessly and in the knowledge that damage is likely to occur.

(2) The aforementioned exemptions from and limitations of liability shall also apply to the personnel of the Furniture Removal Firm.

VII. Executing Furniture Removal Agent
If the Furniture Removal Agent commissions another Furniture Removal Agent to carry out the removal, he shall be liable in the same way as the commissioned Furniture Removal Agent as long as the goods are in his care. The performing Furniture Removal Firm may raise any objections under the contract of carriage.

VIII. Transport and storage insurance
It is possible to insure the goods beyond 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. Notice of damage
The following important special features apply to the assertion of claims for damages:

(1) Externally recognizable damages and losses of the goods should be recorded precisely on the delivery receipt or a damage report upon delivery. Such damage or loss must be reported in detail to the Furniture Removal Firm in text form (e-mail, letter, fax) no later than the next day.

(2) Damages and losses which are not externally recognisable 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 asserted within the specified periods, the claims for compensation expire.

(4) Exceedances of the delivery period must be reported within 21 days after delivery in text form. Otherwise, the claim shall be lost after expiry of the deadline.

(5) Timely dispatch of a detailed notification in text form to the commissioned or delivering removal agent, who has his exhibitor recognised, shall be sufficient for compliance with the deadlines.