General Terms and Conditions of Warehousing (Date: 2022-02)

1. Services
(1) The Mover will perform his duties with the greatest care and upon protection of the interests of the Shipper against payment of the agreed fee.

(2) If unforeseeable expenses arise during the performance of the contractual services, they must be reimbursed by the Shipper, along with a reasonable fee, provided the Mover may hold them to be necessary in accordance with the circumstances.

(3) If the Shipper expands the scope of performance after the conclusion of contract, the incurred additional costs plus reasonable compensation must be reimbursed.

(4) Provided nothing to the contrary has been agreed, the Mover’s personnel are not obliged to conduct any electrical, gas, drilling and other installment work.

(5) In the case of work performed by additionally procured craftsmen, the Mover will only be liable for making a careful selection.

(6) In the case of contracts with parties who are not consumers, the General Terms and Conditions for Logistics 2019 will apply additionally. These Terms and Conditions may be accessed at www.amoe.de/logistikagb. If there is a conflict between individual clauses, the General Terms and Conditions for Removals and Warehousing 2022 prevail over the General Terms and Condition for Logistics 2019.

2. Additional Cargo
The removal may also be carried out as additional freight.

3. Third-party Contracts
The Mover may appoint another mover to carry out the removal, provided nothing to the contrary has been agreed.

4. The Shipper’s Duty of Notification
(1) Where the Shipper does not desire packing and labeling to be carried out by the Mover, the Mover will advise the Shipper of the exclusion of liability under Section 451d (1) no. 2 German Commercial Code. The Mover is neither authorised nor obliged to inspect the goods packed by the Shipper except in those cases where packaging is obviously unsuitable.

(2) If the removal goods include hazardous goods, the Shipper is obliged to inform the Mover in due time of the nature of the hazard emanating from the goods. Hazardous goods within the context of a removal are goods that are inflammable or
explosive, radioactive, prone to spontaneous combustion, or are poisonous, corrosive, malodorous, or similar goods. Such goods include, but are not limited to, rechargeable and single use batteries, combustibles and fuels, chemicals, gases, solvents, munition, etc.

(3) The Mover must procure instructions from the Shipper for removal goods that cannot be unloaded at the destination without the risk of damage because of their size or weight and due to the conditions at the destination. In the event of obstacles
to transport or delivery, Section 419 German Commercial Code applies.

5. Set-off
A set-off of the Mover’s claims is only permissible against counterclaims that have fallen due which have been finally adjudicated, are ready for judgment or are undisputed.

6. Instructions and Notices
Instructions and notices by the Shipper regarding the transport must be addressed in text form exclusively to the commissioned Mover

7. Designation of the Removal Goods
The Shipper is responsible for designating the removal goods.

8. Due Date of the Agreed Fee
(1) Unless otherwise agreed, the invoiced amount of the Mover within the meaning of clause 1 (2) and (3) must be paid in advance, i.e. before completion of delivery for domestic transport and prior to loading for international transports.

(2) Out-of-pocket expenses in foreign currencies will be charged in accordance with the exchange rate established on the date of payment.

(3) Should the Shipper fail to meet his payment obligation, the Mover will be entitled to stop the removal goods or warehouse them after the commencement of transport at the Shipper’ s expense until the freight and the expenses incurred until such time have been paid. Should the Shipper still fail to meet this payment obligation, the Mover will be entitled to a realisation of lien in accordance with the statutory provisions.

(4) The realisation of the lien will be conducted in accordance with the statutory regulations and with the proviso that, in the event of the exercise of the Mover’s statutory lien, the notice of the forced sale and the required notifications are to be
addressed to the Shipper.

(5) Section 419 German Commercial Code will apply accordingly.

9. Warehousing
The following provisions will apply in supplement for warehousing:
(1) In the case of warehousing, the Depositor is additionally obliged to advise the Mover should dangerous goods such as inflammable or explosive or radioactive items, items with a tendency to spontaneously combust, poisonous, corrosive, or malodorous items or any such items from which negative effects can be anticipated for the warehouse and/or for other stored goods and/or people be the subject of contract.

(2) The Warehouse Operator will generally perform the following services:
(a) Warehousing will be in suitable warehouse space belonging to the Warehouse Operator or a third party; storage in appropriate furniture lorries or containers is deemed to be equivalent. Should the Mover store the goods at a third-party warehouse Operator, he must disclose the latter’s name and the location of the warehouse to the Depositor without undue delay in written form or, if a warehouse warrant has been issued, to mark this on the warrant
(b) Upon warehousing, an Inventory of the goods will be signed by the Depositor and the Warehouse Operator. The goods will be labelled in numerical order. The number of boxes will be recorded. The Warehouse Operator may waive the preparation of the Inventory if the stored goods are put into a container directly on the site of loading, the container is immediately sealed, and it remains sealed during storage.
(c) A copy of the Warehousing Contract and the Inventory will be handed out or sent to the Depositor upon acceptance of the goods. In the case of partial removal from storage, equivalent deductions will be made on the warrant or the inventory or on the storage release notice.

(3) The Warehouse Operator is entitled to surrender the stored goods upon presentation of the Warehousing Contract accompanied by the Inventory or an equivalent storage release notice unless the Warehouse Operator is aware or fails to be aware because of his gross negligence that the person presenting the Warehousing Contract is not authorised to accept the stored goods. The Warehouse Operator is authorised, but not obliged, to check the proof of authority of the person presenting the Warehousing Contract.

(4) The Depositor is obliged to issue a written acknowledgement of receipt in the case of the full delivery of the stored goods. In the event of a partial delivery, the Warehouse Operator and the Depositor will make corresponding notations of the withdrawals in text form on the warrant, the Inventory, or the storage release notice.

(5) During the term of warehousing, the Depositor is entitled to inspect the stored goods on the Warehouse Operator’s premises during business hours in the presence of the Warehouse Operator. The date of inspection will be agreed in advance. The Warehouse Contract and the Inventory list must be presented at that time.

(6) The Depositor is obliged to inform the Warehouse Operator in text form of any changes in his address without undue delay. He may not invoke the non-receipt of notices the Warehouse Operator has sent to his last known address.

(7) The Depositor is obliged to pay the monthly warehouse fee to the Warehouse Operator in advance by no later than the 3rd working day of each month. The warehouse fee for the following months is also due for payment without the issue of a separate invoice at the beginning of each month.

(8) The Warehouse Operator is not obliged to check the authenticity of the signatures on the documents pertaining to the stored goods or the authority of the signer unless the Warehouse Operator knows or remains unaware due to his own negligence that the signatures are forged, or the signer is not authorised.

(9) If a fixed term of the Contract has not been agreed, the parties may terminate the Contract in text form upon observance of a notice period of one month unless good cause exists which would justify a termination of the Contract without observance
of a notice period.

(10) In the case of contracts with parties who are not consumers, the ALB (General Terms and Conditions of Warehousing of the German Furniture Removal Industry) are deemed to be agreed. They may be accessed at www.amoe.de/ALB.

10. Cancellation and Termination
(1) A removal is a service within the meaning of Section 312 g (2) sentence 1 no. 9 German Civil Code. A statutory right of with-drawal under Section 355 German Civil Code does not exist.

(2) The Shipper may terminate the Removal Contract at any time.

(3) If the Shipper gives notice of termination, the Mover may either demand
(a) the agreed carriage charges plus demurrage and the expenses to be reimbursed. To be deducted from this amount are the expenses he has saved as a result of the termination of the Contract or has earned elsewhere or has failed to earn in bad faith;
(b) or one-third of the agreed carriage charges as a flatrate fee. If the termination is based on grounds which can be attributed to the Mover’s sphere of risk, the claim to the Fautfracht (one-third of the agreed carriage charges) under this (3) (b) will not apply, nor will the claim under
3. (a) apply in this case where the carriage is of no interest to the Shipper.

11. Venue
(1) For legal disputes between merchants based on this Contract and concerning claims on other legal grounds which are related to the Removal or warehousing Contract, the court in whose district the branch of the Mover commissioned by the Shipper is located will have exclusive jurisdiction.

(2) For legal disputes with parties other than merchants, Section 30 German Code of Civil Procedure applies.

12. Choice of Law
German law will apply.

13. Data Protection
The privacy policy of the Mover applies for the processing of personal data.

14. AMÖ Conciliation Board
The commissioned Mover is obliged to participate in conciliation proceedings before a consumer conciliation board. The conciliation board of jurisdiction is the „Conciliation Board Removals“ at

Bundesverband Möbelspedition und Logistik (AMÖ) e.V.
(German Federation of Movers and Logistic Companies)
Schulstraße 53, 65795 Hattersheim
www.schlichtungsstelle-umzug.de

Information on liability provisions pursuant to § 451 g HGB (German Commercial Code) (Date: 2022-02)

The removal company is liable as a carrier according to the removal contract and the German Commercial Code (HGB). These liability principles also apply to cross-border transport beginning or ending in Germany, even if different means of transport are used for this purpose. 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 as long as they are in his 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 fulfilment of the contract. The Furniture Removal Company's liability for exceeding the delivery time shall be limited to three times the amount of the freight. If the Furniture Removal Firm is liable for damage not caused by loss of or damage to the goods or by exceeding the delivery time due to a breach of a contractual duty connected with the execution of the removal, and if the damage is other than damage to property or personal injury, liability shall in this case be limited to three times the amount which would have been payable if the goods had been lost.

III. Compensation for loss of value
If the Furniture Removal Company is liable to pay compensation for loss of the goods, the value at the place and time of taking over for carriage is to be reimbursed. In the event of damage to the goods, 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 is determined by the market price. In both cases the costs of assessing 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 by exercising the utmost care and the consequences of which he was unable to prevent.

V. Special reasons for exclusion of liability
(1) The Furniture Removal Firm shall be exempt from liability if the loss or damage is due to one of the following risks:
a. Carriage and storage of precious metals, jewels, precious stones, money, stamps, coins, securities or documents;
b. inadequate packaging or labelling of the removal goods by the consignor
c. handling, loading or unloading of the goods by the consignor
d. Carriage and storage in containers of goods not packed by the mover;
e. Loading or unloading of goods whose size or weight does not correspond to the space conditions at the loading point or unloading point, provided that the Furniture Removal Firm has informed the sender in advance of the risk of damage and the sender has insisted on the performance of the service;
f. Carriage and storage of live animals or plants;
g. natural or defective condition of the goods, as a result of which they are particularly susceptible to damage, in particular breakage, malfunction, rust, internal spoilage or leakage.

2. If damage has occurred which, according to the circumstances of the case, could have arisen from one of the risks mentioned under a to g, it shall be presumed that the damage arose from this risk. The Furniture Removal Firm may only invoke the special reasons for exclusion of liability if it has taken all measures incumbent upon it under the circumstances and has complied with special instructions.

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

VI. Applicability of the exemptions 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 time, unless the Furniture Removal Firm acted wilfully or recklessly and with knowledge that damage would probably occur.

2.The aforementioned exemptions from and limitations of liability shall also apply to the Furniture Removal Company's personnel.

VII. Executing Furniture Removal Firm
If the Furniture Removal Company commissions another executing Furniture Removal Company for the removal, the latter shall be liable in the same way as the commissioned Furniture Removal Company for as long as the goods are in its care. The executing Furniture Removal Firm may assert all objections under the freight contract.

VIII. Transport and storage insurance
It is possible to insure the goods beyond the legal liability. The Furniture Removal Firm shall take out transport or storage insurance at the request of the Customer and against payment of a separate premium.

IX. Notice of claim
The following important particularities apply to the assertion of claims for damages.
1. externally visible damage to 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 Company in detail in text form (e-mail, letter, fax) no later than the next day.
2. Damage and losses which 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 damage and losses are not reported within the above-mentioned time limits, claims for compensation shall lapse.
4. Exceeding of the delivery period must be notified in text form within 21 days after delivery. Otherwise, the claim shall be forfeited after the expiry of the deadline.
5. the timely dispatch of a detailed notification in text form to the ommissioned or delivering Furniture Removal Company, which identifies its issuer, shall be sufficient for the observance of the time limits.