General Terms and Conditions

General Terms and Conditions of Stier Umzüge

1. Scope

These terms and conditions apply to all contracts for the transport and storage of moving goods, as well as packing work, between the client and the contractor. Stier Umzüge is hereinafter referred to as the contractor. The person, family, company, or authority moving is hereinafter referred to as the client.

2. Applicable law

The law of the Federal Republic of Germany shall apply to all contracts of carriage under these conditions.

3. Information obligations of the client

The client is obliged to inform Stier Umzüge in good time before the transport of the goods about all necessary factors that could influence the implementation/compliance with the contract.

In addition to the type and nature of the goods to be moved or transported, this also includes weight, quantity, deadlines to be met, as well as technical requirements for the vehicle and any necessary accessories.

Information on the value of the goods must also be provided before the order is placed if this is important to the client.

Furthermore, the client is obligated to inform Stier Umzüge about large/bulky pieces of furniture and any associated transport difficulties at the unloading location. Any subsequent costs for additional equipment such as transport lifts, etc., are not borne by Stier Umzüge.

The client shall inform Stier Umzüge of any defects in furniture, objects, or electronic devices, and if so, what they are. Stier Umzüge is not liable for hidden or undisclosed defects such as scratches on furniture or other items.

4. Offer and execution

As the contractor, Stier Umzüge undertakes all work included in the written order confirmation. The services included in the quote must be confirmed in writing by the client. Any other work, or work requested during or after the contract is signed, will be charged separately.

The removal company is not responsible for the risk of misunderstanding of order confirmations, instructions and notifications other than written ones from the sender and those sent to other persons of the removal company who are not authorized to accept them.

5. Transport security

The client is obliged to professionally secure movable or electronic parts of highly sensitive devices, such as washing machines, televisions, radios, hi-fi equipment and IT systems, for transport.

As a contractor, Stier Umzüge is not obliged to check that the transport is properly secured.

The contractor’s employees are neither authorized nor obligated to perform electrical, gas, dowel, or other installation work. A separate written agreement must be made for this.

7. Craftsmen placement

If tradespeople are required for the renovation, cleaning, or modification of a property in connection with the move, the contractor will, at the client’s request, arrange for the required tradespeople. However, Stier Umzüge, as the contractor, is not liable for the personnel provided and their services, but is entitled to settle accounts directly with the tradespeople and invoice the client for the tradespeople’s work. Unless it is agreed that the client will settle accounts directly with the tradespeople.

8. Cancellation fees

If the client cancels an already confirmed moving order before its completion, the following flat-rate loss of profit shall be agreed upon:

• If the cancellation occurs less than three days before the planned move, 50% of the contract amount will be due.
• If the contract is canceled 3 days or more before the moving date, the entire moving price (according to the offer) is due immediately.

9. Handover of the goods

The goods are handed over to Stier Umzüge unpacked. Claims for damages to pre-packaged goods can only be made if the packaging is damaged and this is reported to Stier Umzüge before unpacking. Liability claims after acceptance of the goods, which must be made in writing, cannot be asserted.

10. Method of payment, increase in remuneration

Unless otherwise agreed, payments are due in cash on site and after unloading! For long-distance moves, a 50% deposit is due after loading, and the remaining payment is due in cash upon completion of the order.

If the quantity of goods to be removed differs from the details provided when the order was placed, Stier Umzüge is entitled to increase the remuneration proportionately.

11. Default, offsetting

Default in payment occurs without the need for a reminder or other conditions, at the latest 14 days after receipt of the invoice, unless the default has already occurred by law. In the event of default, Stier Umzüge may demand interest of at least 5% above the ECB base rate applicable at the time the default occurred. If this base rate ceases to apply, the corresponding substitute base rate of the Deutsche Bundesbank shall apply instead. Claims arising from the transport contract and related claims for tort and unjust enrichment may only be offset against claims that are due, undisputed in their reason and amount, or legally established.

12. Maximum liability amount

Stier Umzüge’s liability is limited to €620.00 per cubic meter of displacement. The client may agree to a higher liability. In this case, Stier Umzüge will take out separate insurance for this move. The resulting insurance premium is borne by the client.

13. Disclaimers of Liability

No liability shall be assumed if the loss or damage is due to the following risks:

• Transport of precious metals, jewels, precious stones, money, stamps, coins, works of art, securities or documents
• Inadequate packaging, lack of protection on electrical appliances (e.g. washing machine) or labeling by the client.
• Handling, loading or unloading of the goods by the client
• Carriage of goods not packed by the carrier in containers
• Loading or unloading of goods whose size and weight do not correspond to the space available at the loading or unloading point, provided that the carrier has previously warned the client of the risk of damage and the sender has insisted on the performance of the service.
• Transport of live animals or plants
• Natural or defective quality of the goods which makes them particularly susceptible to damage, in particular through breakage, malfunction, rust, internal deterioration or leakage.

The contractor, in this case Stier Umzüge, is not liable for any damage reports submitted after the acceptance of the acceptance report. The acceptance report must be countersigned after unloading and/or assembly of the moving goods and the initial inspection by the client. Defects must be recorded immediately in the acceptance report by the client.

14. Notification of damage

Claims for loss or damage to the goods shall expire:

• If the damage was externally visible and was not notified to the contractor 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 of delivery in accordance with Section 451 f HGB.
• Damage to technical equipment is excluded as the contractor cannot check its functionality before the move.

15. Lien

Stier Umzüge has a lien on the moving goods for all claims arising from the moving contract. It may refuse to release them until the payment has been made.

Stier Umzüge reserves the right to invoice any storage costs incurred (until the invoice is paid in full). These costs must be paid prior to delivery.

16. Place of performance

To the extent permitted by law, the place of performance and jurisdiction shall be the registered office of Stier Umzüge. German law applies.

17. Severability Clause

Should individual parts of the contract be invalid, the remainder of the contract shall remain in effect. In this case, the contracting parties are obligated to agree on provisions for the invalid parts that most closely approximate the intended economic result.