General terms and conditions of business
1. Commission of a further carrier
The furniture carrier is allowed to acquire help from another carrier.
2. Additional Services
The furniture carrier executes his duties in the interest of the forwarder with the regular care of a ordinary furniture carrier upon payment of the agreed fee. Furthermore, special and unforeseeable services and expenditures have to be reimbursed. The same holds true for the case of an expansion of the scope of services after contract closing.
Gratuities are not billable on account of the furniture carrier.
4. Refund of removal costs
In case the consignor has any claims of removal cost compensation by the employer, the agreed payment , deducting advanced payments or part payments, has to be paid to the furniture carrier immediately by the employer after request.
5. Transport safety
The consignor is obliged to secure movable and electronic parts on highly sensitive devices such as washing machines, TV’s, radio- and hifi-devices as well as EDP-Systems. Verification of secure packing is not mandatory for the furniture carrier.
6. Electronic- and Installing work
Employees of the furniture carrier are, if not agreed differently, not empowered to conduct any kind of installation work.
7. Craftsman arbitration
On services executed by arbitrated Craftsman, the furniture carrier is only liable for thorough selection.
On demand of the person eligible for compensation, the furniture carrier is obliged to transfer the rights set up in the insurance contract to the person eligible for compensation.
The danger of misconceptions other than written confirmation of order, instructions and messages by the consignor and such to others not empowered by the furniture carrier are responsibility of the latter.
11. Verification by the consignor
The consignor is obliged to ascertain that no furniture or object is being left or taken when the removal goods are picked up.
12. Due date of agreed fee
For inland transports the invoice amount is due before the discharge, for international transports before the charging. Either payed in cash or another medium of exchange.
Cash outlays in foreign currency have to be paid with the current exchange rate. In case the duty of payment is disregarded by the consignor, the furniture carrier has the right to put a hold on the removal goods or store the goods on cost of the consignor in case the transport was already in progress. In this case §419 inures.
13. Storage contract
In case of storage the general storage terms of “Deutsche Möbeltransport” (ALB) apply.
These will be placed at disposal on request of the consignor.
14. Place of jurisdiction
Civil disputes with fully-qualified traders based on this contract and for other legal reasons are responsibility of the court in the district in which the department of the furniture carrier commissioned by the consignor is based.
For Civil disputes with others than fully-qualified traders, the exclusive jurisdiction only applies in case the consignor changes his main residence or habitual residence to a location in a foreign country after the signing of the contract or his current location is not known at commencement of proceedings.
15. Choice of law
German law applies.