General Terms and Conditions of Contract
1. Third-party Contracts
The Mover may appoint another haulier to carry out the moving and relocation service.
2. Additional Services
The Mover will perform his duties in the interests of the Consignor with the care normal to the industry of a well-run furniture removal firm against payment of the agreed fee. To be paid in addition thereto are the special services and expenses not foreseeable upon the conclusion of contract. The same shall apply if the scope of performance is expanded by the Consignor after the conclusion of contract.
3. Additional Cargo
The moving and relocation service may also be carried out as additional cargo.
Tips will not be deducted from the amount of invoice.
5. Reimbursement of Moving Costs
If the Consignor has a claim to payment for the costs of the moving and relocation against a third party, he will instruct the latter to pay the agreed price minus any advance payments or installments directly to the Mover upon equivalent demand.
6. Transport Protection
The Consignor is obliged to have movable or electronic parts, parts those of sensitive devices, such as washing machines, record players, televisions, radios, stereos and computer systems, expertly secured for transport. The Mover is not obliged to check whether the transport protection has been carried out expertly.
7. Electrical and Installation Work
Unless otherwise agreed, the workers of the Mover are not authorized to undertake any electrical, gas, wall drilling and other installation work.
8. Provision of Craftsmen
For work performed by the craftsmen provisioned by the Mover, he will only be liable for having carefully selected such craftsmen.
A set-off of the Mover’s claims is only permissible against counterclaims that have fallen due which have been finally adjudicated, are ready for judgment or are undisputed.
The Mover is obligated to transfer any rights he may have under the insurance policy to be taken out by it to the party entitled to damages upon such party’s request.
The Mover will not be responsible for the risk of misunderstandings relating to confirmations of contract, instructions and notices by the Consignor not made in writing or made to the workers of the Mover not authorized to accept such declarations.
12. Verification by the Consignor
When collecting the removal goods, the Consignor is obliged to check that no items or other fittings have been taken or left behind by mistake.
13. Due Date of the Agreed Fee
Unless otherwise agreed, the invoice amount must be paid in advance, i.e. for domestic transports before completion of delivery and for international transports prior to load. Payments can be made in cash or by prior bank transfers to the Movers business account.
Out-of-pocket expenses in foreign currencies will be charged in accordance with the charged exchange rate. Should the Consignor fail to meet his payment obligation, the Mover will be entitled to stop the removal goods or store them after the commencement of transport at the Consignor’s expense. Section 419 German Commercial Code will apply accordingly.
14. Warehouse Contract
In the case of storage, the General Terms and Conditions KRUMPF Warehousing Services (GTCW) will apply and will be provided to the Consignor at his request.
15. Cancellation and Termination
A moving and relocation service is a service within the meaning of Section 312 g (2) Sentence 1 No. 9 German Civil Code. A statutory right of cancellation under Section 355 German Civil Code does not exist. The Consignor may terminate the Removal Contract at any time. If the Consignor gives notice of termination, where the termination is based on grounds that cannot be attributed to the Mover’s area of risk, the Mover may either
demand the agreed carriage charges plus demurrage and the expenses to be reimbursed. To be deducted from this amount are the expenses he has saved as a result of the termination of the Contract or has earned elsewhere or has failed to earn in bad faith
or demand one-third of the agreed carriage charges as a flat-rate fee.
16. Court of Jurisdiction
For legal disputes between merchants on the basis of this Contract and concerning claims on other legal grounds which are related to the Removal Contract, the court in whose district the branch of the Mover commissioned by the Consignor is located will have exclusive jurisdiction. For legal disputes with parties other than merchants, the exclusive jurisdiction will only apply in the event that the Consignor has moved his permanent residence or habitual residence to a foreign country or his permanent residence or actual place of residence is unknown on the date of the filing of the complaint.
17. Choice of Law
German law will apply.
18. Data Protection
The Mover will apply the data provided by the customer to perform and settle the Contract. Where required for order fulfillment data will be disclosed to his servants and agents (Erfüllungsgehilfen). No disclosure will be made to other third parties. Upon the full settlement of the Contract and full payment, access to data for further use will be blocked and the data will be deleted upon expiry of the periods under tax and commercial law regulations.
Please also note further data protection informations.
19. German language
In case of dispute the Contract and General Terms and Conditions are understood to be interpreted through the German language.