Heinrich Klingenberg & Ernst Struwe Internationale Umzugslogistik + Möbelspedition GmbH

General terms and conditions

1. services

  1. The Furniture Removal Firm shall perform its obligation with the utmost care and in the best interests of the Shipper against payment of the agreed remuneration.
  2. If unforeseeable expenses arise in the course of the contractual performance, they shall be reimbursed by the Consignor plus a reasonable fee, provided that the Furniture Removal Company was entitled to consider them necessary under the circumstances.
  3. If the sender expands the scope of services after conclusion of the contract, the additional costs incurred as a result, including an appropriate remuneration, shall be
  4. Unless otherwise agreed, the Furniture Removal Company's staff is not authorised to carry out dowelling, electrical, plumbing and other installation work.
  5. In the case of services rendered by additional tradesmen, the Furniture Removal Firm shall only be liable for diligent
  6. In the case of contracts with parties other than consumers, the Logistics GTC 2019 shall apply in addition. These can be found at retrievable. Insofar as individual clauses contradict each other, the GTC Relocation 2021 shall take precedence over the Logistics GTC 2019.

2. additional load transport

The move may also be carried out as an additional load transport.

3. commissioning of third parties

Unless otherwise agreed, the Furniture Removal Firm may commission another executing Furniture Removal Firm to carry out the removal.

4. the sender's duty to inform

  1. If the sender does not wish the Furniture Removal Firm to pack and label the goods, the Furniture Removal Firm shall draw the sender's attention to the exclusion of liability pursuant to Section 451 d 1 item 2 of the German Commercial Code (HGB). The Furniture Removal Company is neither entitled nor obliged to inspect the goods packed by the sender, except in cases of obvious unsuitability of the packaging.
  2. In the case of packing by the Furniture Removal Firm, the Furniture Removal Firm shall not be liable for transport damage if disruptions to the function of the removal goods cannot be ruled out due to the natural or defective nature of the removal goods, unless the sender has issued special instructions to the Furniture Removal Firm in this regard.
  3. If the removal goods include dangerous goods, the sender is obliged to inform the removal company in good time of the nature of the danger posed by the goods. Dangerous goods within the scope of the removal are goods which are flammable or explosive, radiant, liable to spontaneous combustion, toxic, corrosive, malodorous or similar. These include in particular accumulators, batteries, combustibles and heating agents, chemicals, gases, solvents, ammunition,
  4. For removal goods that cannot be unloaded without risk of damage due to their size or weight and the conditions at the destination, the Furniture Removal Firm must obtain instructions from the sender. In the event of obstacles to carriage or delivery, § 419 HGB shall apply.

5. set-off

Offsetting against claims of the Furniture Removal Firm shall only be permissible with counterclaims that are due and have been legally established, are ready for decision or are undisputed.

6. instructions and notices

Instructions and notifications from the Consignor regarding the performance of the transport shall be sent in text form exclusively to the appointed Furniture Removal Company in accordance with Section 1, Paragraph 1.

7. destination of the removal goods

The sender is responsible for determining the removal goods. The sender must ensure that no items are taken away in breach of the contract which are not the sender's removal goods and that no items are left standing.

8. due date of the agreed remuneration

  1. The agreed remuneration, including the claims of the Furniture Removal Firm pursuant to sections 1, paragraph 2 and paragraph 3 of these Terms and Conditions, shall be due upon delivery, in the case of international transports before the start of loading, unless otherwise agreed in the contract.
  2. Expenses in foreign currency shall be calculated according to the exchange rate determined on the payment date.
  3. If the sender does not fulfil his payment obligation, the Furniture Removal Firm shall be entitled to stop the removal goods or to store them after the start of the transport at the sender's expense until payment of the remuneration and the expenses incurred up to that time. If the sender still fails to meet his payment obligation, the Furniture Removal Firm shall be entitled to realise a lien in accordance with the statutory provisions.
  4. The realisation of the lien shall be carried out in accordance with the statutory provisions with the proviso that when the Furniture Removal Company exercises its statutory lien, the threat of the sale of the lien and the necessary notifications shall be sent to the sender.
  5. Section 419 HGB shall apply accordingly.

9. storage

The following additional provisions apply to storage:

  1. In the case of storage, the depositor is also obliged to inform the Furniture Removal Firm if goods which are flammable or explosive, radiant, liable to spontaneous combustion, poisonous, corrosive, malodorous or which give rise to fears of disadvantages for the warehouse and/or for other stored goods and/or for persons are to be the subject of the contract.
  2. The warehouse keeper shall in principle provide the following services:
    1. Storage shall take place in suitable storage rooms belonging to the company or to third parties; containers suitable for storage shall be deemed equivalent to storage rooms. If the Furniture Removal Company stores goods with a third party warehouse keeper, it shall immediately inform the depositor in writing of the name and location of the third party warehouse keeper or, if a warehouse warrant has been issued, note this on the warrant.
    2. At the time of storage, a list of the stored goods is drawn up and signed by the depositor and the warehouse keeper. The goods shall be numbered consecutively and the number of containers shall be recorded. The warehouse keeper may dispense with the preparation of the storage list if the stored goods are placed in a container directly at the loading point, where they are stored locked and sealed.
    3. After the takeover, a copy of the storage contract and the storage list shall be handed over or sent to the depositor. In the case of partial removals from storage, corresponding write-offs shall be made on the warehouse warrant, the storage list or the write-off note.
  3. The warehouse keeper is entitled to hand over the stored goods on presentation of the storage contract with storage list or a corresponding write-off, unless the warehouse keeper is aware or is unaware as a result of gross negligence that the person presenting the goods is not authorised to accept the stored goods The warehouse keeper is authorised, but not obliged, to check the legitimacy of the person presenting the storage list and the storage contract.
  4. The depositor is obliged to issue a written acknowledgement of receipt upon complete delivery of the stored goods. In the event of partial delivery of the stored goods, the warehouse keeper and the depositor shall make the corresponding write-offs on the warehouse warrant, the warehouse register or the write-off note.
  5. For the duration of the storage, the depositor is entitled to inspect the stored goods during the business hours of the warehouse keeper in his company. The storage contract and the storage list must be presented at the appointment.
  6. The depositor is obliged to notify the warehouse keeper of any changes of address in text form without delay. He may not invoke the lack of receipt of notices sent by the warehouse keeper to the last known address.
  7. The depositor is obliged to pay the monthly storage fee to the warehouse keeper in advance by the 3rd working day of each month at the latest. The storage fee for the following months is due at the beginning of each month even without a special 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 is aware or is unaware due to negligence that the signatures are forged or that the authority of the signatory does not exist.
  9. If a fixed term of the contract has not been agreed, the parties may terminate the contract in text form subject to a notice period of one month, unless there is an important reason which entitles them to terminate the contract without observing the notice period.
  10. In the case of contracts with parties other than consumers, the ALB (General Storage Conditions of German Furniture Transport) shall be deemed agreed. These are available on available.

10 Withdrawal and termination

  1. The removal is a service in the sense of § 312 g paragraph 2 sentence 1 number 9 There is no statutory right of withdrawal according to § 355 BGB.
  2. The sender may terminate the removal contract at any time.
  3. If the sender terminates the contract, the Furniture Removal Company may either
  4. the agreed remuneration, any demurrage as well as any expenses to be reimbursed, taking into account what he saves in expenses as a result of the cancellation of the contract or otherwise acquires or maliciously refrains from acquiring;
  5. or a flat rate of one third of the agreed remuneration If the termination is due to reasons within the Furniture Removal Company's sphere of risk, the claim for carriage pursuant to Section 3. b. shall lapse; in this case, the claim pursuant to Section 3. a. shall also lapse insofar as the carriage is of no interest to the sender.

11. place of jurisdiction

  1. The court in whose district the Furniture Removal Company's branch office commissioned by the Consignor is located shall have exclusive jurisdiction for legal disputes with registered traders based on this contract and on claims based on other legal grounds related to the removal or storage contract.
  2. 30 ZPO (German Code of Civil Procedure) shall apply to legal disputes arising from this contract with persons other than registered traders.

12. choice of law

German law shall apply.

13. data protection

With regard to the processing of personal data, the Furniture Removal Company's Privacy Policy shall apply.

14. dispute settlement

There is neither the willingness nor the obligation to participate in dispute resolution proceedings before a consumer arbitration board.

Status: March 2021