Terms and Conditions
1. General
a) The conditions of carriage for furniture transport apply to transport by furniture vehicle (furniture trailer, swap body, container, liftvan) within the country as well as to and from abroad. They apply to all operations and the related transactions of the contractor, insofar as they are not contrary to statutory provisions, in particular those for the protection of consumers. b) The contractor shall perform his obligations with the customary diligence of a prudent businessman.
2. Liability
a) The contractor shall be liable for loss of or damage to the goods, insofar as the loss or damage occurs due to his fault during the handling or transport of the goods incumbent upon him. b) The contractor shall remedy the damage in kind, excluding liability for any depreciation in value; however, he is in any case free to provide compensation in money. In any case, the contractor’s liability is limited to EUR 1,090.09 per furniture meter.
Liability is excluded:
a) for the contents of containers of any kind, if their packing and unpacking was not undertaken under the contract. b) for the contents of furniture vehicles loaded at the instruction of the client and left standing, unless otherwise agreed. c) for damage arising as a result of the natural or defective condition of the goods, such as breakage or damage of marble slabs, glass, porcelain, mirrors, incandescent elements, stucco frames, lighting fixtures, lampshades, stoves and mechanical works, unless fault on the part of the contractor is proven. Insurance against damage to marble, glass, porcelain, etc. may be taken out. Liability is also excluded for damage such as excessive strain on furniture, loosening of glued joints, cracking or dulling of polish, oxidation, internal deterioration, leakage or spilling, as well as weather influences. d) 1. for damage to precious metals, jewelry, gemstones, money, stamps, coins, securities of any kind, documents and certificates; 2. for functional damage to electrical appliances such as washing machines, radio, television, IT or other sensitive devices; 3. for damage to plants or animals; 4. for damage caused by explosive, flammable, radioactive, self-igniting, toxic or corrosive substances, as well as by oils, fats and animals. e) for damage to the goods during loading and unloading, lowering and hoisting, if their size or weight does not correspond to the spatial conditions at the place of loading or unloading, provided that the contractor has previously pointed this out to the client or recipient, but the client nevertheless insisted on performance.
Liability is further excluded:
a) for damage to walls, windows, floors and stair railings if the size and weight of the goods do not correspond to the spatial conditions. b) for delays, damage and losses caused by the late provision of means of transport (railway, ship), or arising from unavoidable traffic incidents (e.g. vehicle breakdowns, road conditions). c) for compliance with fixed deadlines in the event of delayed receipt of official documents, as well as for information regarding customs handling, export regulations and other statutory provisions.
a) Liability shall cease if externally visible defects are not reported immediately upon delivery, and externally non-visible defects are not reported in writing to the contractor no later than the sixth day after delivery. b) If the contractor is obliged under the contract to compensate for loss of the goods, the common value shall be reimbursed, being the value that goods of the same type and condition had at the place of delivery at the time when delivery should have been made; from this shall be deducted any savings in duties, costs and freight resulting from the loss. c) In the case of damage, compensation shall be based on the difference between the sale value of the goods in damaged condition and the common value the goods would have had without the damage at the place and time of delivery; from this shall be deducted any savings in duties and other costs resulting from the damage. d) For damages due to delayed delivery, the contractor’s liability is limited in any case to EUR 109.10 per day, but not more than EUR 1,090.09. e) The contractor shall not be liable for damages resulting as a consequence of the loss or damage of the goods.
For losses and damages occurring during transport by rail, ship or aircraft, the contractor fulfills his obligation by assigning his claims against the railway, shipping or airline company.
a) The contractor is obliged to insure the damages which may arise to the client during execution of the order in accordance with the stated furniture forwarding insurance policy (Möbel-SVS) (Annex A) and to charge the premium. The insurance shall be placed with insurers appointed by the professional association of forwarders. b) The client submits himself, as well as all persons in whose interest or for whose account he acts, to all conditions of the Möbel-SVS. c) 1. If furniture forwarding insurance is covered by concluding the Möbel-SVS, the contractor is released from liability for any damage covered by this insurance. This applies in particular also if, due to missing or insufficient value declarations by the client, the insured sum remains below the actual value or amount of damage. 2. If the contractor has not taken out the furniture forwarding insurance in accordance with the conditions of the Möbel-SVS or not with the insurers mentioned above, he may not invoke the conditions of carriage for furniture transport towards the client.
The client is liable:
a) for the authenticity, accuracy and completeness of the documents handed over. b) for losses and damages to transport equipment, accessories and packing materials insofar as these are caused by him or by assistants provided by him. c) for the furniture vehicle including the contractor in the event of self-loading or unloading of the goods. d) for the consequences of incorrect information regarding weight, contents and type of the goods; the contractor is under no obligation to verify. In the absence of express written instruction, the contractor accepts and declares the transport as removal goods at the risk of the client within the meaning of the furniture transport tariff. e) for damage caused by the transport of the items specified above. f) for all costs arising from delays or hindrances in transport not caused by the contractor, such as natural events, war, official measures, strikes, obstruction of shipping.
3. Transport Insurance
a) The contractor is obliged to insure the goods if a written order is given stating the insured value and the risks to be covered. b) The transport insurance covers only accidents of the means of transport, fire risk, theft, force majeure accidents and furniture breakage. c) Separate insurance may be taken out against breakage of glass, porcelain, etc., as well as against war risk, looting and riots. d) If the client insures the goods himself, any claim for damages covered by this insurance against the contractor is excluded.
4. Price Calculation
a) The costs are calculated based on the tariff rates, freight rates and exchange rates valid at the time of execution of the move. b) If tariff rates, freight rates or exchange rates decrease or increase between the time of the offer and execution, the agreed transport costs shall change accordingly. Additional charges apply in particular for: a) transport of pianos, safes and other heavy goods; b) additional expenses or services in the interest of the move, even without special instruction, the method of execution being at the contractor’s discretion; c) installation, decoration, carpentry and cleaning work; d) additional costs due to weather conditions or if the furniture vehicle cannot be driven up to the house due to blocked or excavated roads, as well as waiting times of the vehicle and personnel not caused by the contractor, and reasonable surcharges for carrying goods over long or unusual distances, unless already considered in the agreed price, as well as additional costs due to detours; official fees, customs charges and public levies.
5. Obligations of the Client
a) The procurement of all documents and permits required for the transport is the responsibility of the client. b) If unloading cannot take place immediately upon arrival, the contractor may claim compensation for all resulting costs and damages and may unload and store the goods at the client’s expense. c) Upon collection, the client must ensure that no items are taken or left behind by mistake. For transports involving stations or airports, the client must accept or hand over the loaded and empty container or unit together with inventory and safeguard the rights of the carrier, particularly by arranging a joint damage report.
a) The invoice amount is payable: 1. for domestic transport before unloading; 2. for international transport before loading. The contractor may demand an advance. b) Set-off or retention against claims of the contractor is only permitted with due and undisputed counterclaims. If storage is required in connection with a move, the storage conditions of the professional association apply. If stored goods are not transported by the contractor, he may make a decision based on the furniture transport tariff. The client must request collection of packing materials.
6. Verbal Agreements
The client bears the risk for verbally given orders not confirmed in writing.
7. Limitation
All claims against the contractor, regardless of legal basis, become time-barred after six months. The limitation period begins with knowledge of the claim, at the latest upon delivery.
8. Jurisdiction
Jurisdiction is determined by the place of business of the contractor with whom the contract was concluded. If the client is a consumer with residence or employment in the country, jurisdiction is determined by the competent court of that place.
9. Other Agreements
Other agreements are valid only if made in writing.
10. Validity
If individual provisions are not regulated, the provisions of the Chamber of Commerce, forwarding section, in their current version shall apply.
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