AGB – Müller & Münch

Terms and Conditions

General Terms and Conditions of Müller und Münch , Removals and Logistics.

The provider of the removal services is Müller und Münch , Umzüge und Logistik Im Holderpark, Holderäckerstr.8, 70499 Stuttgart. The managing director is Mr Piegdon.

These General Terms and Conditions (hereinafter: GTC) apply to all contracts of Müller und Münch , Removals and Logistics for removal services, including the booking of these services, the initiation of the contract and the conclusion of the contract. These GTC apply exclusively. General terms and conditions of customers are not accepted.

Insofar as “consumer” or “entrepreneur” is referred to below, the statutory definitions of Sections 13 and 14 of the German Civil Code (BGB) shall apply. A customer is a consumer if the contract is concluded as a natural person for purposes that cannot be predominantly attributed to their commercial or independent professional activity. In contrast, the customer is an entrepreneur if he concludes the contract as a natural person, legal entity or partnership with legal capacity that is acting in the exercise of its commercial or independent professional activity when concluding the contract.

SERVICES OF Müller und Münch , Removals and Logistics :

The services of Müller und Münch , Removals and Logistics for such removals include, unless otherwise agreed, the loading and unloading of the agreed removal goods from or to the place of removal agreed with the client within the framework of the conclusion of the contract, as well as the transport of the removal goods from the place of removal to the place of removal by Müller und Münch , Removals and Logistics, including arrival and departure, driver, removal personnel, vehicle fuel, sea freight and port charges, if applicable.

1. Commissioning of an additional carrier

The removal company shall carry out the removal with its own fleet of vehicles and personnel. However, he may also engage a certified carrier to carry out the removal.

2. Additional services

The Furniture Removal Firm shall fulfil its obligations with the customary care of a prudent Furniture Removal Firm while safeguarding the interests of the Consignor against payment of the agreed fee. Special services and expenses not foreseeable at the time of conclusion of the contract shall be paid additionally. The same applies if the scope of services is extended by the sender after conclusion of the contract.

3. Tips and Gratuities

Tips cannot be offset against the mover’s invoice.

4. Reimbursement of removal costs

If the sender is entitled to reimbursement of removal costs from an office or employer, he shall instruct this office to pay the agreed and due reimbursement of removal costs, less any advance payments or instalments made, directly to the Furniture Removal Firm upon request.

5. Securing and transporting sensitive goods

The sender is obliged to have movable or electronic parts of highly sensitive appliances such as washing machines, record players, television, radio and HIFI equipment and IT systems properly secured for transport. The removal company is not obliged to check that the goods have been properly secured for transport.

6. Craftsmen’s agency

The Furniture Removal Firm shall only be liable for the careful selection of additional tradesmen. No electrical installations or work on the fuse box will be carried out.

7 Electrical and installation work

Unless otherwise agreed, the Furniture Removal Firm’s employees are not authorised to carry out electrical, gas, dowelling and other installation work.

8 Offsetting

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

9. Assignment

At the request of the party entitled to compensation, the Furniture Removal Firm is obliged to assign to the party entitled to compensation the rights to which it is entitled under the insurance contract to be concluded by it.

10 Misunderstandings

The risk of misunderstanding of order confirmations, instructions and notifications of the sender other than those in writing and those to other persons of the Furniture Removal Firm not authorised to accept them shall not be the responsibility of the latter.

11. Verification by the sender

When collecting the removal goods, the sender is obliged to check that no object or equipment has been mistakenly taken or left behind.

12. Due date of the agreed fee

The invoice amount is due before unloading is completed for domestic shipments and before loading begins for international shipments. If the sender does not fulfil his payment obligation, the Furniture Removal Firm is entitled to retain the removal goods or to store them at the sender’s expense after the start of the transport.§419 shall apply accordingly. The terms of payment must be agreed in writing prior to the order and must be adhered to by the Contractor and the Customer.

13. Storage contract

In the case of storage, the General Terms and Conditions of Storage of Deutscher Möbeltransports (ALB) apply. These will be made available at the request of the consignor.

14 Cancellation and termination

Cancellations can be made free of charge up to 14 days before the start of the move. If cancellations are submitted later, 70% of the freight costs will be charged, as it is no longer possible for us to find a replacement transport during this period and other customers have been cancelled for this date.

15. Place of jurisdiction

For legal disputes with registered traders based on this contract and for claims arising from other legal grounds in connection with the transport order, the court in whose district the branch of the Furniture Removal Firm commissioned by the consignor is located shall have exclusive jurisdiction. For legal disputes with parties other than registered traders, exclusive jurisdiction shall only apply in the event that the sender has moved his domicile or usual place of residence abroad after conclusion of the contract or his domicile or personal residence is unknown at the time the action is filed.

16. Agreement of German law

German law shall apply.

Important information on the liability of the freight forwarder including the liability agreements and the transport insurance according to §451g HGB

1. Scope of application

The freight forwarder (hereinafter referred to as the mover) is liable in accordance with the removal contract and the German Commercial Code (HGB). The same principles of liability apply to the transport of removal goods to destinations outside Germany. This also applies if different means of transport are used.

2. Principles of liability

The Furniture Removal Firm shall be liable for damage caused by loss of or damage to the removal goods in the period from acceptance for transport to delivery or by exceeding the delivery deadline.

3. Exclusion of liability

The Furniture Removal Firm is exempt from liability if the loss, damage or exceeding of the delivery deadline is due to circumstances which the Furniture Removal Firm could not avoid even with the greatest care and the consequences of which it could not avert (unavoidable event).

4. Maximum liability

The Furniture Removal Firm’s liability for loss or damage is limited to an amount of EUR 620.00 per cubic metre of loading space required to fulfil the contract. The Mover’s liability for exceeding the delivery period is limited to three times the amount of the freight. If the Furniture Removal Firm is liable for damages not caused by loss of or damage to the removal goods or by exceeding the delivery deadline due to a breach of a contractual obligation in connection with the execution of the removal, and if the damages are other than damage to property and personal injury, the liability in this case is limited to three times the amount that would have been payable if the goods had been lost.

5. Special grounds for exclusion of liability

The Furniture Removal Firm is exempt from liability if the loss or damage is due to one of the following risks:

A. Transport of precious metals, jewellery, precious stones, money, stamps, coins, securities or documents.

B. Inadequate packaging or labelling by the sender.

C. Handling, loading or unloading of the removal goods by the sender.

D. Transport of goods not packed by the removal company in containers.

E. Loading or unloading of removal goods whose size or weight does not correspond to the space available at the loading or unloading point, provided that the Furniture Removal Firm has previously informed the sender of the risk of damage and the sender has insisted that the service be carried out.

F. Transport of live animals and plants

G. Natural or defective condition of the removal goods, as a result of which they are particularly susceptible to damage, 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 risks described in sections 1-7, it shall be assumed that the damage has arisen from this risk. 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.

6. Compensation

If the Furniture Removal Firm has to pay compensation for loss, the difference between the value of the undamaged goods and the value of the damaged goods must be compensated. This depends on the place and time at which the goods were accepted for transport. The value of the removal goods is generally determined by the market price.

7 Non-contractual claims

The exemptions from liability and limitations of liability also apply to non-contractual claims of the sender or the consignee against the removal company due to loss of or damage to the removal goods or due to exceeding the delivery deadline. Cancellation of exemptions and limitations of liability. The exemptions and limitations of liability shall not apply if the damage is due to an act or omission committed by the Furniture Removal Firm intentionally or recklessly and in the knowledge that damage would probably occur.

8 Liability of employees

If claims for damages arising from non-contractual liability due to loss of or damage to the removal goods or due to exceeding the delivery deadline are asserted against one of the Furniture Removal Firm’s employees, the latter may also invoke the exemptions and limitations of liability. This does not apply if he acted wilfully or recklessly and in the knowledge that damage would probably occur.

9. Executing mover

If the removal is carried out in whole or in part by a third party (executing mover), the latter shall be liable for damage caused by loss of or damage to the goods or by exceeding the delivery period during the transport carried out by him in the same way as the mover. The executing Furniture Removal Firm may assert all defences to which the Furniture Removal Firm is entitled under the contract of carriage. If claims are asserted against employees of the executing Furniture Removal Firm, the provisions on the liability of employees shall apply to them.

10 Liability agreement

The Furniture Removal Firm shall inform the sender of the possibility of agreeing with him, against payment of an appropriate fee, a liability that goes beyond that provided for by law.

11 Transport insurance

Every transport/move is insured with public liability and transport insurance.

For high-value goods, a separate insurance policy must be applied for or taken out.
often a commercial invoice and an expert opinion are required in order to assert claims in the event of damage.
claims in the event of damage.

12. Notification of damage

The following must be observed to prevent claims for compensation from lapsing: Inspect the goods on delivery for externally recognisable damage or loss. Record these in detail on the receipt or a damage report or notify the removal company of them on the day of delivery at the latest. Externally unrecognisable damage or loss must be reported to the removal company within 7 days of delivery. Flat-rate damage reports are not sufficient under any circumstances. Claims for exceeding delivery deadlines shall lapse if the consignee does not notify the Furniture Removal Firm of the delay within 5 days of delivery. If the notification is made after delivery, it must always be made in writing and within the specified deadlines in order to prevent the loss of the claim. The notification of damage may also be submitted by means of a telecommunication system. A signature is not required if the issuer can be recognised in any other way. Timely dispatch is sufficient to meet the deadlines.

The invoice between the freight forwarder and the client must be settled in full
must be settled in full in order to report the claim to the insurance company.

The claim may not be offset against the freight forwarder’s invoice, neither by the freight forwarder nor by the customer.

13 Hazardous removal goods

If the removal goods include dangerous goods (e.g. petrol or oils), the sender is obliged to inform the Furniture Removal Firm in good time of the nature of the danger posed by the goods. (e.g. fire hazard, In addition, the costs of damage assessment must be reimbursed.

14 Cancellation and termination

Since an order is always linked to a second order ( EXPORT with IMPORT or / and DELIVERY / COLLECTION in order to avoid empty runs ) and a route planning is determined and planned several weeks before the takeover date, cancellations can only be cancelled free of charge for valid reasons, such as ( rental contract, employment contract or purchase contract not concluded ) up to 21 days before the removal date at the latest. Proof must be provided by the customer. The freight forwarder is therefore not entitled to any compensation.

If cancellations are made without any reason, the freight forwarder may charge a
charge for freight. ( defined below )

According to § 489 of the German Commercial Code (HGB)[2], the carrier has the following claims against the freight forwarder in the event of cancellation (without fulfilling the above conditions)
is entitled to one third of the agreed freight, the so-called Fautfracht (§ 489 para. 2 sentence 1 no. 2 HGB).

The 33% invoice amount is always rounded down to two decimal places.

STATUS 01.04.2022