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The carrier (hereinafter referred to as the furniture carrier) is liable under the relocation contract and the Commercial Code (HGB). The same liability principles apply to the transport of goods to be moved from outside Germany. This also applies if different means of transport are used.
The furniture forwarder is liable for the damage caused by loss or damage of the goods in the period from takeover to carriage until delivery or by exceeding the delivery period (custody).
The furniture carrier is exempt from liability, as far as the loss, damage or exceeding the delivery time based on circumstances that the furniture carrier could not avoid with the utmost care and whose consequences he could not avert (inevitable event).
Liability of the forwarder due to loss or damage is limited to EUR 620.00 per cubic meter of cargo space required to fulfill the contract.
Due to the exceeding of the delivery time the liability of the furniture carrier is limited to three times the amount of the freight.
If the furniture forwarder is liable for any damage resulting from the loss of or damage to the goods to be moved or from exceeding the delivery period due to the breach of a contractual obligation relating to the execution of the removal, and if the damage is other than property damage or personal injury, then this is the case If liability is limited to three times the amount that would be payable if the goods were lost.
The forwarder is exempted from his liability if the loss or damage is due to one of the following hazards:
The furniture forwarder can only rely on the special disclaimer if he has taken all the measures incumbent on him under the circumstances and observed special instructions.
If the furniture forwarder has to pay damages for loss, the value at the place and at the time of takeover is to be replaced.
In case of damage to the goods, the difference between the value of the undamaged goods and the value of the damaged goods must be replaced. It depends on the place and time of taking over the goods for transport. The value of the goods to be moved is usually determined by the market price. In addition, the costs of the damage assessment must be replaced.
The exemptions from liability and limitations of liability also apply to a non-contractual claim of the sender or the recipient against the furniture forwarder due to loss or damage to the goods to be moved or because the delivery time has been exceeded.
The exemptions from liability and limitations of liability shall not apply if the damage is due to an act or omission that the furniture forwarder has committed deliberately or recklessly and in the knowledge that damage will likely occur.
If compensation claims for non-contractual liability for loss or damage of the goods to be moved or for exceeding the delivery period against one of the people of the furniture forwarder, so can also those on the exemptions and Limitations of Liability.
This does not apply if he acted deliberately or recklessly and in the knowledge that damage would be likely to occur.
If the removal is carried out in whole or in part by a third party (furniture removal agent), the latter is liable for the damage caused by loss or damage of the goods or by exceeding the delivery period during the carriage carried out by him, in the same way as the furniture forwarder. The exporting furniture forwarder can assert any objections that the furniture forwarder has under the contract of carriage.
If people of the exporting furniture forwarder are used, the provisions on the liability of the people apply to them.
The furniture forwarder points out to the sender the possibility of insuring the good against payment of a separate premium.
In order to prevent the expiry of compensation claims, the following should be noted:
Examine the goods on delivery for externally visible damage or loss. Keep these specified on the receipt or a damage report, or notify them to the furniture forwarder no later than the day after delivery.
Outwardly unseen damage or loss must be reported to the furniture carrier within 14 days of delivery.
Flat-rate claims are in no case sufficient. Claims for exceeding the delivery deadline expire if the recipient does not notify the furniture forwarder within 21 days of delivery.
If the advertisement is reimbursed after delivery, it must – in order to prevent the loss of claims – in any case in written form and within the stipulated time limits.
The transmission of the damage report can also be done with the help of a telecommunication device. A signature is not required if the exhibitor is recognizable in other ways.
To meet the deadlines, the timely dispatch is sufficient.
If dangerous goods (such as petrol or oils) are added to the goods to be moved, the consignor is obliged to inform the forwarding agent in good time of the nature of the danger posed by the goods. (e.g., fire hazard, corrosive liquid, explosives, etc.)