General Terms and Conditions for Removals and Storage – WINST Removals & Transport

Non-binding recommendation of the Federal Association of Furniture Forwarders and Logistics (AMÖ) eV

1. Services

1. The furniture removal company fulfills its obligations with the utmost care and in the best interests of the sender in return for payment of the agreed fee.
2.  If unforeseen expenses arise in the course of the contractual service, these must be reimbursed by the sender plus reasonable compensation, provided that the furniture mover could reasonably consider them necessary under the circumstances.
3.  If the sender expands the scope of services after the conclusion of the contract, the resulting additional costs, including reasonable compensation, must be reimbursed.
4.  Unless otherwise agreed, the staff of the furniture removal company are not obliged to carry out doweling, electrical, plumbing and other installation work.
5.  For services provided by additional tradespeople, the furniture removal company is only liable for careful selection.
6.  For contracts with parties other than consumers, the Logistics Terms and Conditions 2019 also apply. These can be accessed at www.amoe.de/logistikagb. In the event of any conflict between individual clauses, the General Terms and Conditions for Removals 2021 take precedence over the Logistics Terms and Conditions 2019.

2. Part load transport

The move can also be carried out as a shared load transport.

3. Commissioning of third parties

Unless otherwise agreed, the furniture removal company may commission another furniture removal company to carry out the move.

4. Sender's duty to provide information

1. If the sender does not request packaging and labeling by the furniture removal company, the furniture removal company will inform the sender of the exclusion of liability pursuant to Section 451d Paragraph 1 No. 2 of the German Commercial Code (HGB). The furniture removal company is neither entitled nor obligated to inspect the goods packaged by the sender, except in cases of obvious unsuitability of the packaging.
2. If the furniture removal company handles the packaging, it is not liable for transport damage if disruptions to the function of the goods being moved cannot be ruled out due to the natural or defective nature of the goods being moved, unless the sender has given the furniture removal company special instructions in this regard.
3. If the goods being moved include hazardous materials, the sender is obligated to inform the moving company in a timely manner of the nature of the hazard posed by the goods. Hazardous materials in the context of a move include items that are flammable or explosive, radioactive, spontaneously combustible, toxic, corrosive, malodorous, or similar. This includes, in particular, batteries, fuels and heating materials, chemicals, gases, solvents, ammunition, etc.
4. For household goods that, due to their size or weight and the conditions at the destination, cannot be unloaded without risk of damage, the removal company must obtain instructions from the sender. Section 419 of the German Commercial Code (HGB) applies in the event of obstacles to transport or delivery.

5. Set-off

Claims by the furniture removal company may only be offset against due counterclaims that have been legally established, are ready for a decision or are undisputed.

6. Instructions and Notices

Instructions and communications from the sender regarding the execution of the transport must be sent in written form exclusively to the commissioned furniture removal company in accordance with section 1, paragraph 1.

7. Determination of the household goods being moved

The sender is responsible for determining the contents of the removal. They must ensure that no items are taken along in breach of contract that are not part of their removal goods, and that no items are left behind.

8. Due date of the agreed fee

1. The agreed fee, including the claims of the furniture removal company pursuant to Section 1, Paragraph 2 and Paragraph 3 of these terms and conditions, is due upon delivery, or, in the case of international transport, before the start of loading, unless otherwise agreed in the contract.
2. Expenses in foreign currency will be settled according to the exchange rate determined on the date of payment.
3. If the sender fails to meet their payment obligations, the moving company is entitled to withhold the goods or, after commencement of transport, to store them at the sender's expense until payment of the agreed fee and all expenses incurred up to that point. If the sender still fails to meet their payment obligations, the moving company is entitled to enforce a lien in accordance with applicable legal regulations.
4. The realization of the pledged goods is carried out in accordance with the statutory provisions, with the proviso that, in the exercise of the statutory right of lien by the furniture removal company, the threat of the sale of the pledged goods and the necessary notifications must be sent to the sender.
5. Section 419 of the German Commercial Code (HGB) applies accordingly.

9. Storage

The following additional provisions apply to storage:

1. In addition, the depositor is obliged to inform the furniture removal company if the goods to be stored include items that are flammable or explosive, radioactive, prone to spontaneous combustion, toxic, corrosive, foul-smelling, or any goods that could cause harm to the warehouse and/or other stored goods and/or persons.
2. The warehouse operator generally provides the following services:
   (a) Storage shall take place in suitable company-owned or third-party storage facilities; suitable furniture vans or containers are considered equivalent to storage facilities. If the furniture removal company stores the goods with a third-party warehouse operator, it shall immediately notify the depositor in writing of the operator's name and the location of the warehouse or, if a warehouse receipt has been issued, note this information on the receipt.
   (b) Upon storage, an inventory of the stored goods shall be drawn up and signed by the depositor and the warehouse keeper. The goods shall be numbered consecutively. Containers shall be recorded by quantity. The warehouse keeper may waive the preparation of the inventory if the stored goods are immediately placed into a container at the loading point, the container is sealed there, and the container is stored sealed.
   (c) After acceptance, the depositor will be given or sent a copy of the storage agreement and the inventory list. In the case of partial withdrawals, corresponding deductions will be made on the storage receipt, the inventory list, or the deduction note.
3. The warehouse operator is entitled to release the stored goods upon presentation of the storage contract with the inventory list or a corresponding deduction note, unless the warehouse operator knows, or through gross negligence fails to know, that the person presenting the documents is not authorized to receive the stored goods. The warehouse operator is entitled, but not obligated, to verify the identity of the person presenting the inventory list and the storage contract.
4. The depositor is obligated to issue a written acknowledgment of receipt upon complete delivery of the stored goods. In the case of partial delivery of the stored goods, the warehouse operator and depositor will make corresponding adjustments on the warehouse receipt, the inventory list, or the adjustment note.
5. During the storage period, the depositor is entitled to inspect the stored goods, accompanied by the warehouse operator, during business hours. An appointment must be arranged in advance. The storage contract and the inventory list must be presented at the appointment.
6. The depositor is obligated to notify the warehouse operator immediately in writing of any change of address. The depositor cannot claim non-receipt of notices sent by the warehouse operator to the last known address.
7. The depositor is obligated to pay the monthly storage fee in advance to the warehouse operator no later than the third working day of each month. Storage fees for subsequent months are due at the beginning of each month, even without a separate invoice.
8. The warehouse keeper is not obliged to verify the authenticity of the signatures on the documents relating to the stored goods or the authority of the signatory, unless the warehouse keeper knows or, through negligence, does not know that the signatures are forged or that the signatory lacks authority.
9. If a fixed term of the contract is not agreed, the parties may terminate the contract in writing with a notice period of one month, unless there is an important reason that justifies termination of the contract without observing the notice period.
10. For contracts with parties other than consumers, the ALB (General Storage Conditions of the German Furniture Transport Association) apply. These can be accessed at www.amoe.de/ALB.

10. Resignation and Termination

1. The relocation constitutes a service within the meaning of Section 312g Paragraph 2 Sentence 1 Number 9 of the German Civil Code (BGB). There is no statutory right of withdrawal pursuant to Section 355 of the German Civil Code (BGB).
2. The sender can terminate the relocation contract at any time.
3. If the sender cancels, the furniture removal company can either:
   (a) the agreed remuneration, any demurrage charges and expenses to be reimbursed, taking into account what he saves in expenses as a result of the termination of the contract or what he otherwise acquires or maliciously fails to acquire;
   (b) or demand a lump sum of one-third of the agreed fee. If the termination is based on reasons attributable to the furniture removal company's sphere of risk, the claim for free freight under clause 3.b. shall lapse; in this case, the claim under clause 3.a. shall also lapse insofar as the transport is of no interest to the sender.
4. The moving company is entitled to terminate the contract at any time for good cause without notice. Good cause exists in particular if:

   – the customer fails to comply with his obligations to cooperate,
   – fails to make agreed payments or fails to make them on time,
   – Employees are ill or vehicles are defective or no longer available due to maintenance, repair or after an accident,
   – incorrect information was provided regarding the scope or type of the removal goods,
   – the execution of the order is not possible or reasonable for safety or legal reasons. In all other cases, the moving company may also terminate the contract; services already rendered must then be compensated proportionally. Further claims for damages remain reserved.

11. jurisdiction

1. For legal disputes with merchants arising from this contract and for claims based on other legal grounds related to the removal or storage contract, the court in whose district the branch of the furniture removal company commissioned by the sender is located shall have exclusive jurisdiction.
2. For legal disputes arising from this contract with persons other than registered merchants, Section 30 of the German Code of Civil Procedure (ZPO) applies.

12. Choice of law

German law applies.

Privacy Policy

The data protection policy of the furniture removal company applies with regard to the processing of personal data.

14. Arbitration Board for Relocation

The commissioned furniture removal company, as defined in section 1 paragraph 1, is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board. The competent body would be:

"Relocation Arbitration Board" at
German Furniture Forwarding Association
and Logistics (AMÖ) eV
Schulstraße 53, 65795 Hattersheim

The liability of the furniture removal company

Information on the liability provisions pursuant to Section 451g of the German Commercial Code (HGB)

The furniture removal company is liable as the carrier under the removal contract and the German Commercial Code (HGB). These liability principles also apply to cross-border transports that begin or end in Germany, even if different modes of transport are used. The liability provisions apply accordingly to storage where the storer is a consumer.

I. Principles of Liability

The furniture removal company is liable for damage caused by loss or damage to the goods while they are in its custody.

II. Maximum liability amount

The furniture removal company's liability for loss or damage is limited to €620 per cubic meter of loading space required to fulfill the contract. For exceeding the delivery deadline, the furniture removal company's liability is limited to three times the freight charge. If the furniture removal company is liable for damages arising from a breach of a contractual obligation related to the execution of the move, and these damages are not caused by loss or damage to the goods or by exceeding the delivery deadline, and are not property damage or personal injury, then in this case, liability is limited to three times the amount that would be payable in the event of total loss of the goods.

III. Compensation for Value

If the furniture removal company is liable for compensation for loss of goods, the value at the place and time of acceptance for transport must be reimbursed. In the case of damage to the goods, the difference between the value of the undamaged goods and the value of the damaged goods must be reimbursed. The decisive factor is the value of the goods at the place and time of acceptance. The value of the goods is determined by the market price. In both cases, the costs of assessing the damage must also be reimbursed.

IV. Disclaimer

The furniture removal company is exempt from liability if the loss, damage or delay in delivery is due to an unavoidable event which the furniture removal company could not avoid even with the greatest care and whose consequences he could not avert.

V. Special grounds for exclusion of liability

1. The furniture removal company is exempt from liability insofar as the loss or damage is attributable to one of the following risks:
   (a.) Transport and storage of precious metals, jewels, precious stones, money, stamps, coins, securities or documents;
   (b.) Insufficient packaging or labeling of the removal goods by the sender;
   (c.) Handling, loading or unloading of the goods by the sender;
   (d.) Transport and storage of goods not packed by the furniture mover in containers;
   (e.) Loading or unloading goods whose size or weight is incompatible with the spatial conditions at the loading or unloading point, provided that the furniture mover has previously warned the sender of the risk of damage and the sender has insisted on the performance of the service;
   (f.) Transport and storage of live animals or plants;
   (g.) the natural or defective nature of the goods, which makes them particularly susceptible to damage, especially breakage, malfunction, rust, internal decay or leakage.
2. If damage occurs that, according to the circumstances of the case, could have arisen from one of the risks described under a. to g., it is presumed that the damage arose from that risk. The furniture removal company can only invoke the specific grounds for exclusion of liability if it has taken all measures incumbent upon it under the circumstances and has complied with any special instructions.
3. The warehouse operator is not liable for damage caused by nuclear energy or to radioactive materials.

VI. Applicability of the exemptions and limitations of liability

1. The exclusions and limitations of liability also apply to claims arising from non-contractual liability for loss of or damage to the goods or for exceeding the delivery deadline, provided that the furniture mover did not act intentionally or recklessly and with the knowledge that damage was likely to occur.
2. The aforementioned exemptions and limitations of liability also apply to the personnel of the furniture removal company.

VII. Executing furniture removal company

If the furniture removal company subcontracts the move to another, subcontracting furniture removal company, the latter is liable in the same way as the originally subcontracted company as long as the goods are in its custody. The subcontracting furniture removal company can raise all defenses arising from the contract of carriage.

VIII. Transport and Storage Insurance

It is possible to insure the goods beyond the statutory liability. At the customer's request and upon payment of a separate premium, the furniture removal company will take out transport or storage insurance.

IX. Damage Report

The following important special features apply to the assertion of claims for damages :

1. Externally visible damage and losses of the goods should be noted upon delivery on the Delivery receipt or damage report Such damages or losses must be precisely documented by the furniture removal company. at the latest the next day to display in detail in text form (email, letter, fax).
2. externally hidden damage and losses must be paid to the furniture removal company within 7 days After delivery, details will also be displayed in text form.
3. If claims for damages and losses are not made within the specified time limits, the claims for compensation will expire.
4. Exceeding the delivery deadline have within 10 days The claim must be submitted in writing after delivery. Otherwise, the claim will expire after the deadline.
5. To meet the deadlines, it is sufficient that... timely dispatch detailed display in text form to the commissioned or delivering furniture removal company, theirs exhibitor reveals.