General terms and conditions of transport of IPA Removals Ltd.

• 1 Scope

1.1 The scope of these General Terms and Conditions (in short: “GTC”) includes all our offers, legal transactions and other services. In particular, they shall also apply to all orders that have not been concluded using our order or order forms. They apply to companies, legal entities under public law, special funds under public law and consumers.

1.2 Subsidiary agreements, supplements or amendments to these GTC must be made in writing. In the event of contradictions in the contractual bases, the following order shall apply: special agreements, insofar as these have been confirmed by us in writing; these GTC; statutory regulations.

1.3 The General Terms and Conditions of the Client are hereby expressly rejected. We shall not be bound by them even if contracts have already been concluded on the basis of the customer’s GTC, if we do not object to them again upon conclusion of the contract or if their validity is stated as an express condition in the customer’s GTC. Acts of contract performance on our part shall also not be deemed to be consent to the customer’s GTC.

1.4 Within the scope of the Federal Data Protection Act, the Client authorizes us to electronically process its data for internal purposes as well as for commissioned data processing. As soon as the legal obligation exists, the client undertakes within the meaning of § 14 of the German Civil Code (BGB) to participate in electronic record keeping within the meaning of the Record Keeping Ordinance (Nachweisverordnung) of 20.10.2006, as amended.

1.5 The following terms and conditions shall also apply to the services of third parties commissioned by us. We shall not recognize any terms and conditions of our customer that conflict with or deviate from our terms and conditions, unless we have expressly agreed to their validity in writing. Deviating agreements shall apply in each case only to a specific contract and not to subsequent contracts, unless expressly agreed otherwise.

• 2 Conclusion of contract

2.1 Unless otherwise agreed in writing, our offers are subject to change and non-binding.

2.2 Agreements made verbally, by telephone, by fax or by e-mail, such as orders, offers, orders, order changes, cancellations, etc. shall only become binding for us if they have been confirmed by us in writing. Silence on our part shall not be deemed as consent. However, in individual cases we are entitled to accept verbal or implied acceptance of the contract as well as acceptance by actual compliance.

2.3 Several debtors of a service shall be deemed to be joint and several debtors.

• 3 Carrying out the work

3.1 Assignment of another carrier. The Furniture Removal Company may engage a reliable third party / another carrier for the performance of its service obligations.

3.2 The Furniture Removal Company’s people, unless otherwise agreed, are not authorized to perform electrical, gas, dowel and other installation work.

3.3 We do not assume any liability for possible delays in order processing or delayed collection. The client expressly agrees not to assert any claims for compensation in this context, regardless of their nature and legal basis.

3.4 Events of force majeure – irrespective of whether they occur at our premises or at the premises of the other carrier – shall entitle us to postpone the processing of the order for the duration of the hindrance and a reasonable start-up period or to withdraw from the contract on account of the part not yet fulfilled. The customer may demand a declaration from us as to whether we wish to withdraw from the contract or deliver within a reasonable period of time. If we do not explain ourselves, the client can withdraw. Force majeure shall be deemed to include circumstances that make it significantly more difficult or temporarily impossible for us to process the order, such as transport hindrances, operational disruptions or industrial action.

• 4 Craftsman mediation

In the case of services of additionally arranged craftsmen, the Furniture Removal Firm shall only be liable for careful selection.

• 5 Transport lock

The sender is obliged to have moving or electronic parts on highly sensitive equipment such as washing machines, record players, television, radio and hi-fi equipment, EDP equipment properly secured for transport. The Furniture Removal Firm is not obligated to check that the goods have been properly secured for transport.

• 6 Additional services

The Furniture Removal Firm shall perform its obligations with the due diligence of a prudent Furniture Removal Firm against payment of the agreed remuneration, while safeguarding the interests of the Client. Additional remuneration shall be paid for special services and expenses that were not foreseeable or anticipated at the time the contract was concluded (e.g. due to an inadvertent lower calculation of the volume). The same applies if the scope of services is extended by the sender after conclusion of the contract.

• 7 Tips

Tips are not chargeable against the mover’s invoice.

• 8 Contact person

The client shall name a contact person who must be available at least by telephone during the work. This person must be able to work with us to solve any problems that may arise (e.g. open doors, provide access to the building, provide information, make decisions as they arise, etc.).

• 9 Prices

9.1 Our prices are quoted in Euro including all fees and charges existing at the time of announcement or conclusion of the contract, for private households including the statutory value added tax, for companies plus the statutory value added tax.

9.2 We shall be entitled to increase the agreed prices in the event of changes in the cost bases underlying their calculation beyond our control to the extent of such changes. This shall apply in particular in the event of changes in other costs associated with the provision of the service (e.g. for materials, energy, transport, external work, etc.) and in the event of changes in fees, taxes and duties.

9.3 Order changes or additional orders may be invoiced by us at reasonable prices without any further preconditions.

• 10 Offsetting

Offsetting against claims of the Furniture Removal Firm is only permissible with due counterclaims that have been legally established or are undisputed.

• 11 Assignment

The Furniture Removal Company is obliged, at the request of the person entitled to compensation, to assign to the person entitled to compensation the rights to which he is entitled under the insurance contract to be concluded by him.

• 12 Liability
  

The liability of the company IPA Umzugs GmbH is limited to 620.00 € per cubic meter of cubic capacity. The client may agree on further liability. In this case IPA Umzugs GmbH takes out a separate insurance for this move. The insurance premium resulting from this shall be borne by the client.

• 
  13
  Special grounds for exclusion of liability (§§451d-451g HGB)

The Furniture Removal Company shall be relieved of its liability to the extent that the loss or damage is due to any of the following perils:

1. Carriage of precious metals, jewels, precious stones, money, stamps, coins, securities or documents;
2. insufficient packaging or labeling by the sender
3. Handling, loading or unloading of the removal goods by the sender;
4. Transportation of goods not packed by the mover in containers;
5. Loading or unloading of removal goods, the size or weight of which does not correspond to the space conditions at the loading point or unloading point, provided that the Furniture Removal Company has previously informed the Shipper of the risk of damage and the Shipper has insisted that the service be performed
6. Carriage of live animals or plants;
7. natural or defective condition of the removal goods – in particular due to breakage, malfunction, rust, internal spoilage or leakage.

If damage has occurred which, according to the circumstances of the case, could have arisen from one of the hazards described under 1. to 7. above, it shall be presumed that the damage arose from this hazard. The Furniture Removal Firm may only invoke the special grounds for exclusion of liability if it has taken all measures incumbent upon it under the circumstances and has complied with special instructions.

• 14 Notice of damage

The claims due to the loss or damage of the goods expire:

§ If the damage was externally visible and the Contractor was not notified in writing no later than the day of delivery of the goods.

If the damage was not externally visible and was not reported to the Contractor within 14 days after delivery in accordance with § 2. § 451 f HGB.

§ Damage to technical equipment is excluded, as the contractor cannot check its functionality before the move.

• 15 Cancellation costs

If the client cancels an already confirmed removal order before its execution, the following lost profit is agreed as a lump sum:

§ In the event of cancellation not more than three days prior to the scheduled move, 50% of the contract amount will be due.

§ In case of cancellation of the order from 3 days before the moving date, the total moving price (according to the offer) is due immediately.

• 16
  Final provisions
  

These GTC shall be governed by the laws of the Federal Republic of Germany.