Terms of Service
The company Butler Umzüge – Alt-Friedrichsfelde 90 in 10315 Berlin
These conditions apply to all contracts for the transport of removal goods and their storage, as well as packaging work.
- Information obligations of the sender and provision of the vehicle
The sender informs Butler Umzüge in good time before the transport is carried out of all essential factors influencing the execution of the contract. In addition to the type and condition, weight, quantity and the deadlines to be met, this also includes technical requirements for the vehicle and any accessories that may be required; The sender provides information on the value of the goods if this is important for the vehicle/accessories to be provided.
- Cancellation Costs
The termination of the contract must be in writing. If the sender cancels a relocation order before it is carried out, the following loss of profit is agreed upon as a lump sum: if the cancellation is made no more than three days before the planned move, 75% of the order amount, if canceled earlier, 50% of the order amount
- Due date of the agreed fee
The invoice amount is due and payable in cash before the start of unloading for domestic transport and before loading for international transport. If the sender does not meet his payment obligation, the furniture removal company is entitled to stop the removal of goods or to store them after the start of the transport at the sender’s expense. § 419 HGB applies accordingly.
- Delivery of Goods
The transported goods are handed over to Butler Umzüge unpacked. In the case of goods that have already been packed, damage can only be claimed if the packaging is also damaged and this is reported to Butler Umzüge before unpacking.
If a fixed term of the contract has not been agreed upon, this shall be at least one month. The storage contract is terminated in writing or by telephone with a notice period of at least 14 days. As long as the depositor does not terminate the storage contract, the contract period is automatically extended by 1 month. If, after receipt of a notice of termination and the corresponding issue of a release certificate, no outsourcing has taken place by the last day of performance, there will be an extension of (each) 1 month.
- Delay, set-off
Default of payment occurs, without the need for a reminder or other prerequisite, no later than 14 days after receipt of the invoice, unless the default has occurred earlier by law. In the event of default, Butler Umzüge may demand interest of at least 5% above the base rate of the ECB applicable at the time the default occurred. If this key interest rate is dropped, the corresponding replacement key interest rate takes the place of the discount rate of the Deutsche Bundesbank. Claims arising from the contract of carriage and related claims from tort and unjust enrichment may only be offset against claims that are due, undisputed in terms of reason and amount or claims that have been legally established.
- Maximum Liability
The liability of Butler Umzüge is limited to €620.00 per cubic meter. The sender can agree on further liability. In this case, Butler Umzüge takes out separate insurance for this move. The sender bears the resulting insurance premiums.
There is no liability if the loss or damage is due to the following risks: Transport of precious metals, jewels, precious stones, money, stamps, coins, securities, or documents. Inadequate packaging or labeling by the sender; handling, loading, or unloading of the goods by the sender; Carriage of containerized goods not packaged by the carrier; Loading or unloading of goods whose size and weight do not correspond to the spatial conditions at the loading or unloading point, provided that the carrier has previously informed the sender of the risk of damage and the sender has insisted on the performance of the service. transportation of live animals or plants; natural or defective condition of the goods, as a result of which they are particularly susceptible to damage, in particular through breakage, malfunctions, rust, internal spoilage, or leakage.
There is no liability if the loss or damage is due to the following:
Carriage of precious metals, jewels, precious stones, money, stamps, coins, works of art, securities or documents
Insufficient packaging for self-packaging, lack of security on electrical appliances (e.g. washing machine, dishwasher, and refrigerator) as well as labeling by the client on belongings.
Provision of own services, such as handling, loading, or unloading of the goods by the client
Carriage of belongings not packed by the carrier in containers of any kind.
Any own services that have not been agreed in writing with the carrier. E.g. loading or unloading of goods,
Carriage of live animals or plants
Natural or defective condition of the goods, which means that they are particularly susceptible to damage, in particular from breakage, malfunctions, rust, internal spoilage or leakage.
- Notice of Damage
Claims for loss of or damage to the goods expire if the damage was externally visible and the carrier was not notified any later than the day after delivery of the goods; if the damage was not externally recognizable and the carrier was not notified within 14 days of delivery, § 451 f HGB. Notices of damage must be submitted in writing without exception. Electrical devices cannot be checked in advance for their functionality by the removal company and are therefore not covered by the warranty. Compensation is only guaranteed in the event of transport damage.
Butler Umzüge has a right of lien on the goods to be moved due to all claims based on the moving contract. He can refuse to hand it over as long as the agreed fee has not yet been paid. Tips cannot be offset.
- Electrical and plumbing work
Unless otherwise agreed, the furniture removal company’s employees are not authorized to carry out the electrical, gas, dowel and other installation work.
- Place of Performance
As far as legally permissible, the registered office of Butler Umzüge is agreed as the place of performance and place of jurisdiction.
- Severability Clause
If individual parts of the contract are ineffective, the rest of the contract remains in effect. In this case, the contracting parties are obliged to make provisions with regard to the ineffective parts that come as close as possible to the economically intended result.
- Agreement of German law
German law applies.
Status: September 2018
Important information on the liability of the removal company including liability agreements, and transport insurance in accordance with § 451 g HGB
On this page, you will find our liability provisions. For smooth cooperation, we recommend our customers read them. Because it also indirectly addresses many of the customers’ obligations to cooperate.
§ 1 Scope
The carrier (referred to below as the furniture carrier) is liable according to the moving contract and the German Commercial Code (HGB). The same liability principles apply to the transport of household goods with a destination outside of Germany. This also applies if different types of transport are used.
§ 2 Principles of liability
The furniture removal company is 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 deadlines (duty of care).
§ 3 Disclaimer
The furniture mover is released from liability if the loss, damage or exceeding the delivery deadlines is due to circumstances that the furniture mover could not avoid even with the greatest care and the consequences of which he could not avert (inevitable event).
§ 4 Maximum Liability
The furniture remover’s liability for loss or damage is limited to an amount of EUR 620 per cubic meter of loading space required to fulfill the contract. – If the delivery period is exceeded, the liability of the removal company is limited to three times the amount of the freight. – If the furniture removal company is liable due to the breach of a contractual obligation associated with the execution of the move for damage that does not result from loss of or damage to the goods to be moved or from exceeding the delivery deadlines, and if the damage is other than property damage and personal injury, in In this case, liability is limited to three times the amount that would have to be paid if the goods were lost.
§ 5 Special Reasons for Exclusion of Liability
The Furniture Remover is released from liability if the loss or damage is due to one of the following risks:
Carriage of precious metals, jewels, coins, securities or documents.
1 Inadequate packaging or labeling by the customer.
2 Boxes that were packed by the customer himself and not by the mover.
3 Handling, loading or unloading of the removal goods by the sender.
4Carriage of goods in containers that are not packed by the mover.
5 Loading or unloading of removal goods whose size or weight does not correspond to the spatial conditions at the loading or unloading point, provided that the mover has informed the sender of the risk of damage beforehand and the sender has insisted on the performance of the service.
6 Carriage of live animals or plants.
7 Natural or defective condition of the removal goods As a result, it is particularly easy to suffer damage, in 8 particularly from breakage, malfunctions, 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 specified in Sections 1-8, it is assumed that the damage arose from this risk. The Furniture Removal Firm can only invoke the special grounds for exemption from liability if it has taken all the measures incumbent on it under the circumstances and has observed special instructions.
§ 6 Compensation
If the Furniture Removal Firm has to pay compensation for loss, the value is to be compensated at the place and time of acceptance for transport. If the goods are damaged, the difference between the value of the undamaged goods and the value of the damaged goods is to be compensated. The value of the removal goods is usually determined by the market price, otherwise by the common value of goods of the same type and quality. In addition, the costs of determining the damage must be reimbursed.
§ 7 Non-contractual claims
The exemptions from liability and limitations of liability also apply to non-contractual claims by the sender or recipient against the furniture removal company due to loss of or damage to the removal goods or exceeding the delivery period.
§ 8 Elimination of liability exemptions and limitations
The liability exemptions and liability limitations do not apply if the damage is due to an act or omission that the furniture remover acted intentionally or recklessly and with the knowledge that damage would probably occur.
§ 9 liability of the people
If claims for damages from non-contractual liability due to loss of or damage to the removal goods or due to exceeding the delivery time are raised against one of the furniture carrier’s employees, they can also invoke the exemption from and limitation of liability. This does not apply if he acted intentionally or recklessly and in the knowledge that damage would probably occur.
§ 10 Executive furniture carrier
If the removal is carried out in whole or in part by a third party (executive furniture removal company), then the third party is liable for damage caused by loss of or damage to the goods or exceeding the delivery period during the transport performed by him, in the same way as the furniture removal company. The moving furniture hauler can assert all objections to which the furniture haulage contractor is entitled under the freight contract. If claims are made against the people of the moving furniture mover, the provisions on the liability of the people shall apply to them.
§ 11 Liability Agreement
The Furniture Removal Firm informs the sender of the possibility of agreeing on a more extensive liability than that provided for by law in return for payment of a corresponding fee.
§ 12 Transport insurance
The furniture removal company informs the sender of the possibility of insuring the goods with him for a separate premium.
§ 13 Dangerous removal goods
If the removal goods include dangerous goods (e.g. petrol or oils), the sender is obliged to inform the removal company in good time of the nature of the danger posed by the goods (e.g. fire hazard, corrosive liquids, explosive substances, etc.).
End of General Terms and Conditions