General Terms and Conditions of Stier Umzüge

1. Scope of Application

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

2. Applicable Law

The law of the Federal Republic of Germany applies to all transportation contracts under these conditions.

3. Client’s Information Obligations

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

This includes, in addition to the nature and condition of the removal/transport goods, also weight, quantity, deadlines to be met, as well as technical requirements for the vehicle and any necessary accessories.

Furthermore, information about the value of the goods must be provided before placing the order, should this be important for the client.

The client is also obliged to inform Stier Umzüge about large/bulky furniture pieces and about any associated transport difficulties at the unloading location. Later incurred costs for additional aids such as transport lifts, etc., will not be borne by Stier Umzüge.

The client informs Stier Umzüge whether and what defects exist in furniture, objects, or electronic devices. Stier Umzüge cannot be held liable for hidden and concealed defects such as scratches on furniture or other items.

4. Offer and Execution

Stier Umzüge as the contractor undertakes all work contained in the written order confirmation. The services in the offer must be confirmed in writing by the client. All other work, or work requested during or after the conclusion of the contract, will be charged separately.

The risk of misunderstanding of order confirmations, instructions, and communications of the sender other than in writing and those to other people of the furniture forwarder not authorized to accept them is not the responsibility of the latter.

5. Transport Securing

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

Stier Umzüge as the contractor is not obliged to check the proper transport securing.

6. Electrical and Installation Work

The employees of the contractor are not authorized or obliged to carry out electrical, gas, dowel, and other installation work. A separate agreement in writing must be made for this.

7. Tradesperson Mediation

If tradespeople are required for the renovation, cleaning, or conversion of a property in connection with the move, the contractor, at the request of the client, will arrange the necessary tradesperson. Stier Umzüge as the contractor, however, is not liable for the arranged personnel and their services, but is entitled to settle directly with the tradesperson and to invoice the client for the activities of the tradesperson. Unless it is agreed that the client settles directly with the tradesperson.

8. Cancellation Fees

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

• In the event of cancellation that occurs no more than three days before the planned move, 50% of the order value becomes due.
• If the order is canceled 3 days before the move date, the entire move price (according to the offer) becomes immediately due.

9. Handover of Goods

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

10. Payment Method, Increase in Remuneration

Payments are, unless otherwise agreed, to be made in cash on site and after unloading! For long-distance moves, a down payment of 50% is required after loading and the remaining payment is to be made in cash after completion of the order!

If the quantity of removal goods deviates from the information provided by the client when placing the order, Stier Umzüge is entitled to increase the remuneration proportionally.

11. Delay, Set-off

Delay in payment occurs, without the need for a reminder or other requirements, at the latest 14 days after receipt of the invoice, unless the delay has already occurred under law. In the event of delay, Stier Umzüge may demand interest of at least 5% above the base rate of the ECB applicable at the time the delay occurs. If this base rate is discontinued, the corresponding replacement base rate of the Deutsche Bundesbank replaces the discount rate. With claims from the transport contract and related claims from tort and unjust enrichment, only due, undisputed as to existence and amount, or legally established claims may be set off.

12. Maximum Liability

The liability of Stier Umzüge is limited to €620.00 per cubic meter of displacement. The client can agree to further liability. In this case, Stier Umzüge takes out separate insurance for this move. The resulting insurance premium is borne by the client.

13. Exclusions of Liability

No liability exists if the loss or damage is due to the following risks:

• Transportation of precious metals, jewelry, gemstones, money, stamps, coins, art objects, securities, or documents
• Insufficient packaging, missing securing of electrical appliances (e.g., washing machine) or labeling by the client.
• Handling, loading, or unloading of the goods by the client
• Transportation of goods not packaged by the carrier in containers
• Loading or unloading of goods whose size and weight do not correspond to the spatial conditions at the loading or unloading location, provided the carrier has previously warned the client of the risk of damage and the sender has insisted on the performance of the service.
• Transportation of living animals or plants
• Natural or defective condition of the goods, as a result of which they are particularly susceptible to damage, especially through breakage, malfunctions, rust, internal spoilage, or leakage.

The contractor, in this case Stier Umzüge, is not liable for damage reports that are reported after acceptance of the acceptance protocol. The acceptance protocol must be countersigned after unloading and/or assembly of the removal goods as well as the first inspection by the client. Defects must be immediately entered by the client in the acceptance protocol.

14. Damage Notification

Claims for loss or damage to the goods expire:

• If the damage was externally visible and was not reported to the contractor in writing at the latest on 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 § 451 f HGB.
• Excluded are damages to technical devices as the contractor cannot check their functionality before the move.

15. Lien

Stier Umzüge has a lien on the removal goods for all claims arising from the removal contract. It can refuse release as long as the fee has not yet been paid.

Stier Umzüge is entitled to invoice the incurred storage costs (until full payment of the invoice). The costs for this must be paid before delivery.

16. Place of Performance

As far as legally permissible, the registered office of Stier Umzüge is agreed as the place of performance and jurisdiction. German law applies.

17. Severability Clause

If individual parts of the contract are invalid, the remainder of the contract remains in force. In this case, the contracting parties are obliged to make provisions for the invalid parts that come closest to the economically intended result.