HGB

Liability agreement and transport insurance pursuant to § 451g of the German Commercial Code (HGB)

Scope of application
The carrier (hereinafter referred to as the “furniture removal company”) is liable under the removal contract and the German Commercial Code (HGB). The same liability principles apply to the carriage of removal goods to a destination outside Germany. This also applies if different means of transport are used.

Principles of liability
The furniture removal company is liable for damage caused by loss of or damage to the removal goods during the period from acceptance for carriage until delivery, or by exceeding the delivery period (custodial liability).

Exclusion of liability
The furniture removal company is released from liability insofar as the loss, the damage or the exceeding of the delivery period is due to circumstances which the furniture removal company could not have avoided even with the utmost care and the consequences of which it could not have prevented (unavoidable event). Maximum liability: The liability of the furniture removal company for loss or damage is limited to an amount of EUR 620 per cubic metre of loading space required to fulfil the contract. For exceeding the delivery period, the liability of the furniture removal company is limited to three times the freight charge. If the furniture removal company is liable for breach of a contractual obligation connected with the performance of the move for damage that is not caused by loss of or damage to the removal goods or by exceeding the delivery period, and if this damage is other than property damage or personal injury, liability in this case is limited to three times the amount that would be payable in the event of loss of the goods.

Special grounds for exclusion of liability
The furniture removal company is released from its liability insofar as the loss or damage is attributable to one of the following risks:

• 1. Carriage of precious metals, jewellery, precious stones, money, stamps, coins, securities or documents.
• 2. Inadequate packing or labelling by the consignor.
• 3. Handling, loading or unloading by the consignor.
• 4. Carriage of goods in containers not packed by the furniture removal company.
• 5. Loading or unloading of removal goods whose size or weight does not correspond to the spatial conditions at the loading or unloading point, provided that the furniture removal company has previously informed the consignor of the risk of damage and the consignor has insisted on the work being carried out.
• 6. Carriage of live animals or plants.
• 7. Natural or defective condition of the removal goods, as a result of which they are particularly susceptible to damage, in particular through breakage, malfunction, rust, internal decay or leakage.

If damage has occurred which, given the circumstances of the case, could have arisen from one of the risks specified in points 1–7, it is presumed that the damage arose from this risk. The furniture removal company may only invoke the special grounds for exclusion of liability if it has taken all measures incumbent upon it under the circumstances and has complied with special instructions.

Compensation for value
If the furniture removal company has to pay compensation for loss, the value at the place and time of acceptance for carriage is to be compensated. In the event of damage to the goods, the difference between the value of the undamaged goods and the value of the damaged goods is to be compensated. The place and time of acceptance of the goods for carriage are decisive. The value of the removal goods is generally determined by the market price. In addition, the costs of assessing the damage are to be reimbursed.

Non-contractual claims
The exemptions from and limitations of liability also apply to a non-contractual claim of the consignor or the consignee against the furniture removal company for loss of or damage to the removal goods or for exceeding the delivery period.

Loss of the exemptions from and limitations of liability
The exemptions from and limitations of liability do not apply if the damage is attributable to an act or omission which the furniture removal company committed intentionally or recklessly and with the knowledge that damage would probably occur.

Performing furniture removal company
If the move is carried out wholly or partly by a third party (performing furniture removal company), the latter is liable for damage caused by loss of or damage to the goods or by exceeding the delivery period during the carriage performed by it in the same way as the furniture removal company. The performing furniture removal company may assert all objections to which the furniture removal company is entitled under the contract of carriage. If claims are made against the staff of the performing furniture removal company, the provisions on the liability of staff apply to them.

Liability agreement
The furniture removal company informs the consignor of the possibility of agreeing with it, against payment of a corresponding fee, on liability exceeding that provided for by law.

Transport insurance
The furniture removal company informs the consignor of the possibility of insuring the goods against payment of a separate premium.

Notification of damage
To prevent claims for compensation from lapsing, please note the following: Inspect the goods on delivery for externally visible damage or losses. Record these in specific terms on the delivery receipt or a damage report, or notify the furniture removal company of them no later than the day after delivery. Damage or losses that are not externally visible must be notified to the furniture removal company in specific terms within 14 days of delivery. General notifications of damage are never sufficient. Claims for exceeding the delivery period lapse if the consignee does not notify the furniture removal company of the delay within 21 days of delivery. If notification is given after delivery, it must in all cases be made in text form (e.g. by letter, fax or e-mail) and within the prescribed time limits in order to prevent the loss of claims. Timely dispatch is sufficient to meet the deadlines.

Dangerous removal goods
If the removal goods include dangerous goods (e.g. petrol or oils), the consignor is obliged to inform the furniture removal company in good time of the nature of the danger posed by the goods (e.g. flammability, corrosive liquid, explosive substances, etc.).