Terms and conditions (AGB)
This translation is provided for convenience. Only the German version of this page is legally binding.
General Terms and Conditions of Umzug-Stern
1. Engagement of a further carrier
The furniture haulier may engage a further carrier to carry out the order.
2. Additional services
While safeguarding the interests of the consignor, the furniture haulier performs its obligations with the customary care of a diligent furniture haulier, against payment of the agreed fee. Special services and expenses that were not foreseeable when the contract was concluded are payable in addition. The same applies if the consignor extends the scope of services in any way after the contract has been concluded. The carrier’s duties also include dismantling and reassembling the furniture and packing the belongings.
3. Tips
Tips cannot be offset against the furniture haulier’s invoice.
4. Transport securing
The consignor is obliged to have movable or electronic parts of highly sensitive equipment, such as washing machines, record players, television, radio and hi-fi equipment and IT systems, professionally secured for transport. The furniture haulier is not obliged to check that the transport securing has been done properly.
5. Electrical and installation work
Unless otherwise agreed, the furniture haulier’s workers are not authorized to carry out electrical, gas, wall-plug drilling or other installation work.
6. Arranging tradespeople
The furniture haulier accepts no liability for the services of additionally arranged tradespeople.
7. Set-off
Claims of the furniture haulier may only be set off against counterclaims that are due and are either undisputed or have been finally established by a court.
8. Misunderstandings
The furniture haulier is not responsible for the risk of misunderstanding order confirmations, instructions and notifications from the consignor that are not in writing, or those given to staff of the furniture haulier who are not authorized to accept them.
9. Storage contract
In the case of storage, the General Storage Conditions of German Furniture Transport (ALB) apply. These will be made available at the consignor’s request.
10. Duration and termination of the storage contract
If no fixed storage period is stated in the contract, the period is at least one calendar month. Notice of termination of the storage contract must be given to the furniture haulier in writing with one month’s notice. If the depositor terminates the storage contract, the depositor must agree with the furniture haulier on the date for the release of all stored goods.
11. Due date of the agreed fee
For domestic transport, the invoice amount is due before unloading is completed; for international transport, it is due before loading begins. It is payable in cash or by equivalent means of payment. Cash expenses in foreign currency are to be paid at the exchange rate used in the invoice. If the consignor fails to meet its payment obligation, the furniture haulier is entitled to withhold the belongings or, once transport has begun, to put them into storage at the consignor’s expense. Section 419 applies accordingly.
12. Reimbursement of moving and storage costs
If the consignor is entitled to a reimbursement of moving expenses from an authority or an employer, the consignor must instruct that body in writing when placing the moving order. In general, the agreed moving cost reimbursements that have fallen due, less any down payments or partial payments made, are to be paid directly to the furniture haulier immediately after the move, on request. Fees for a storage contract are generally debited by direct debit in the last week of the month, in advance for the following calendar month.
13. Checking by the consignor
When the belongings are collected, loaded or unloaded, the consignor is obliged to check that no item has been taken or left behind by mistake. Losses or damage that is externally visible must be recorded in detail in writing on the moving order. General references to damage are not sufficient.
14. Notice of damage
Claims for loss of or damage to the transported goods lapse if a) the loss or damage was externally visible and was not notified to the furniture haulier in writing at the latest on the day after delivery. The postmark date applies. b) the loss or damage was not externally visible and was not notified to the carrier in writing within two weeks after delivery. The letter of complaint must therefore reach the furniture haulier within fourteen days. Proof must also be provided that the damage occurred while the goods were in the furniture haulier’s care.
15. Grounds for exclusion of liability
The carrier is released from liability to the extent that the loss or damage is attributable to one of the following risks: a) Transport of precious metals, jewellery, precious stones, money, stamps, coins, securities and documents. b) Insufficient packing or marking by the client/consignor. c) Handling, loading or unloading of the goods by the client/consignor or by another furniture haulier, e.g. intermediate storage etc. d) Transport of goods in containers/moving boxes that were not packed by the carrier. e) Loading or unloading of items whose size or weight does not suit the space at the loading or unloading point, e.g. transporting a piano in narrow rooms etc. f) Transport of live animals/plants. g) Natural or defective nature of the goods, as a result of which they are easily damaged, in particular by breakage, malfunction, rust, internal spoilage or leakage.
16. Absence of the consignor
If the consignor is absent, the consignor must appoint a representative in order to comply with points 13 and 14, as otherwise all claims for loss of or damage to the goods lapse.
17. Lien of the furniture haulier
If the client refuses to pay the invoice, the furniture haulier may exercise its right to sell by auction the items that have come into its possession. To threaten a lien auction and to notify the date of the auction, it is sufficient to send a notice to the depositor’s last address known to the furniture haulier. The lien auction may not take place before one month has passed since the threat was made.
18. Change of address
The client is obliged to notify the furniture haulier without delay of any change of address. The client cannot rely on non-receipt of notices that the furniture haulier has sent to the last known address.
19. Place of jurisdiction
For legal disputes, the court in whose district the carrier engaged by the consignor is located has exclusive jurisdiction.
20. Termination/withdrawal from the contract
In the event of termination of or withdrawal from the contract by the client, the relevant provisions of §§ 415, 356ff HGB (German Commercial Code) apply.
21. Postponement of a firmly agreed order
If the client postpones a firmly agreed order, the furniture haulier is entitled to charge a processing cancellation fee of 10 % of the agreed transport fee, but at least 50 €.
22. Governing law
German law applies.
23. Price
All prices plus 19% VAT