1. Subcontract with Other Forwarder

The Furniture Removal Firm may use another forwarder to carry out the removal.

 

2. Additional Services

The Furniture Removal Firm shall perform its obligations in the interests of the sender with the care normal to the industry of a well-run furniture removal firm against payment of the agreed price. To be paid in addition thereto are the special services and expenses not forseeable upon the execution of contract. The same shall apply if the scope of performance is expanded by the sender after the execution of contract.

 

3. General shipment

The removal may be carried out in general shipment.

 

4. Tips

Tips cannot be deducted from the invoice of the Furniture Removal Firm.

 

5. Reimbursement of Removal Expenses

To the extent the sender has a claim for compensation for his removal expenses against his employer, he shall instruct his employer to directly pay to the Furniture Removal Firm the agreed and payable compensation for removal expenses minus any down payments or instalments already paid as requested.

 

6. Security of Particularly Fragile Goods

The sender is obligated to have the movable or electronic parts of highly sensitive appliances such as washing machines, record players, televisions, radios, stereos and computer systems secured in a professional manner for transport. The Furniture Removal Firm is not obligated to check if such goods have been properly prepared for transport.

 

7. Procurement of Craftsmen

For work performed by the craftsmen procured by the Furniture Removal Firm, it shall only be liable for having carefully selected such craftsmen.

 

8. Electrical and Installation Work

Unless otherwise agreed, the workers of the Furniture Removal Firm are not authorized to undertake any electrical, gas, wall drilling and other installation work.

 

9. Set-Off

A set-off against the claims of the Furniture Removal Firm is only permitted in the case of counterclaims due for payment which are undisputed or have been finally decided in a court of law.

 

10. Assignment

The Furniture Removal Firm is obligated to transfer any rights it may have under the insurance policy to be taken out by it to the party entitled to damages upon such party’s request.

 

11. Misunderstandings

The Furniture Removal Firm shall not be responsible for the risk of misunderstandings relating to confirmations of contract, instructions and notices by the sender not made in writing or made to the workers of the Furniture Removal Firm not authorized to accept such declarations.

 

12. Inspection by Sender

When collecting the removal goods the sender is Obligated to check that no items or other fittings have been taken or left behind by mistake.

 

13. Due Date of Agreed Price

The invoiced amount shall be payable in cash or in an equivalent form of payment; in the case of transport within Germany payment shall be made before unloading is completed and in the case of transport to foreign countries before loading begins.

Cash expenses in foreign currencies shall be paid in accordance with the charged exchange rates. If the sender fails to honor his payment obligations, the Furniture Removal Firm shall be entitled to hold up the removal goods or, if transport has commenced, to warehouse the goods at the sender’s expense. Sec. 419 German Commercial Code shall apply accordingly.

 

14. Termination or Withdrawal from Contract

The relevant legal requirements of § 415 HGB, and §§ 346 ff. BGB are valid in the event of termination or withdraw from contract.

 

15. Warehouse Contract

In the event the goods are warehoused, the General Terms and Conditions of Warehousing of the German Furniture Removal Industry (ALB) shall apply and shall be provided to the sender at his request.

 

16. Court of Jurisdiction

In the case of legal disputes with merchants entered in the commercial register based on this contract and for claims on other legal grounds relating to the furniture removal contract, the court in whose district the office of the Furniture Removal Firm commissioned by the sender is located shall have exclusive jurisdiction. In the case of legal disputes with persons who are not merchants entered in the commercial register, such exclusive jurisdiction shall only apply in the event that the sender has moved his permanent residence or habitual residence to a foreign country or his permanent residence or actual place of residence is unknown on the date the claim against him is entered in court.

 

17. Agreement of German Law

German law shall apply.

 

18. AMÖ dispute settlement

Schulstraße 53, 65795 Hattersheim, Fax: + 49 6190 98 98 20

 

19. German language

In case of dispute the contract and general terms and conditions are understood to be interpreted through the German language.