Terms and Conditions
Terms and Conditions of Kraftmann Umzüge
1. Scope
These terms and conditions apply to all contracts between the Client and the Contractor for the transportation and storage of household goods, as well as for packing services. Kraftmann Umzüge, represented by Managing Director Adil Dogan, is hereinafter referred to as the Contractor.
The individual, family, company, or government agency moving is hereinafter referred to as the Client.
2. Governing Law
All contracts of carriage governed by these terms and conditions are subject to the laws of the Federal Republic of Germany.
3. The Client’s Duty to Provide Information
The client is obligated to inform Kraftmann Umzüge in a timely manner prior to the transport of the moving/shipping goods of all necessary factors that could affect the performance of or compliance with the contract.
In addition to the type and nature of the moving or shipping goods, this includes weight, quantity, deadlines to be met, as well as technical requirements for the vehicle and any necessary accessories.
Information regarding the value of the goods must also be provided prior to placing the order, should this be of significance to the client.
Furthermore, the client is obligated to inform Kraftmann Umzüge of any large or bulky pieces of furniture and of any associated transportation difficulties at the unloading location. Any costs incurred later for additional equipment, such as a transport lift, etc., shall not be borne by Kraftmann Umzüge.
The client shall inform Kraftmann Umzüge of any defects in furniture, objects, or electronic devices.
Kraftmann Umzüge shall not be held liable for hidden or undisclosed defects, such as scratches on furniture or other items.
4. Proposal and Execution
As the contractor, Kraftmann Umzüge will perform all work specified in the written order confirmation. The services listed in the quote must be confirmed in writing by the client. All other work, or work requested during or after the conclusion of the contract, will be billed separately.
The moving company shall not be held liable for any misunderstandings arising from order confirmations, instructions, or communications from the sender that are not in writing, or from those directed to persons not authorized to accept them on behalf of the moving company.
5. Transport Safety Measures
The client is required to properly secure any movable or electronic parts of highly sensitive equipment, such as washing machines, televisions, radios, hi-fi systems, and computer equipment, for transport.
Kraftmann Umzüge, as the contractor, is not obligated to verify that the equipment has been properly secured for transport.
6. Electrical and Installation Work
The contractor’s employees are neither authorized nor obligated to perform electrical, gas, anchoring, or other installation work. A separate written agreement must be entered into for such work.
7. Tradespeople Referral Service
If tradespeople are needed for the renovation, cleaning, or remodeling of a property in connection with the move, the contractor will, at the client’s request, arrange for the necessary tradespeople. However, Kraftmann Umzüge, as the contractor, is not liable for the referred personnel or their services; it is, however, entitled to settle accounts directly with the tradesperson and to invoice the client for the tradesperson’s services, unless it is agreed that the client will settle accounts directly with the tradesperson.
8. Cancellation fees
If the client cancels the signed moving contract, cancellation fees will apply as follows: up to 10 days before the agreed-upon moving date, 50%; up to 5 days before the agreed-upon moving date, 70%; and starting 3 days before the agreed-upon moving date, 100% of the agreed-upon net moving fee (plus VAT).
9. Transfer of the Property
The goods to be transported are handed over to Kraftmann Umzüge unpacked. In the case of goods that have already been packed, claims for damages can only be made if the packaging is damaged and this is reported to Kraftmann Umzüge before the goods are unpacked. Liability claims made after the goods have been accepted—which must be submitted in writing—cannot be asserted.
10. Payment Method, Increase in Compensation
Unless otherwise agreed, payments must be made in cash on site after unloading!
For long-distance moves, a 50% deposit is due in cash after loading, and the balance is due in cash upon completion of the job!
If the volume of the items to be moved differs from the information provided in the order at the time it was placed, Kraftmann Umzüge is entitled to increase the fee on a pro rata basis.
11. Default, Set-off
Default occurs, without the need for a reminder or any other conditions, no later than 14 days after receipt of the invoice, unless default has already occurred under the law. In the event of default, Kraftmann Umzüge may charge interest at a rate of at least 5% above the ECB base rate in effect at the time the default occurs. If this base rate is discontinued, the corresponding substitute base rate shall replace the discount rate of the Deutsche Bundesbank. Claims arising from the contract of carriage and related claims arising from tort and unjust enrichment may only be set off against claims that are due and for which the basis and amount are undisputed or have been legally established.
12. Maximum Liability Amount
Kraftmann Umzüge’s liability is limited to €620.00 per cubic meter of cargo volume. The client may agree to a higher level of liability. In this case, Kraftmann Umzüge will take out separate insurance for this move. The client is responsible for the resulting insurance premium.
13. Disclaimers
No liability shall apply if the loss or damage is attributable to the following risks:
– Transportation of precious metals, jewelry, gemstones, money, stamps, coins, works of art, securities, or documents
– Inadequate packaging, lack of safety measures on electrical appliances (e.g., washing machines), or lack of labeling by the shipper.
– Handling, loading, or unloading of the goods by the shipper
– Transportation of goods in containers not packed by the carrier
– 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 shipper of the risk of damage and the shipper has insisted on proceeding with the service.
– Carriage of live animals or plants
– The natural or defective nature of the goods, as a result of which they are particularly susceptible to damage, especially due to breakage, malfunction, rust, internal spoilage, or leakage.
The contractor, in this case Kraftmann Umzüge, is not liable for any damage reports submitted after the acceptance report has been signed. The acceptance report must be countersigned after the removal goods have been unloaded and/or set up and after the client has conducted an initial inspection. Any defects must be noted immediately by the client in the acceptance report.
14. Notice of Damage
Claims for loss or damage to the goods shall be barred:
– If the damage was externally visible and was not reported to the contractor in writing no later than the day of delivery of the goods.
– If the damage was not visible from the outside and was not reported to the contractor within 14 days of delivery in accordance with § 451 f HGB.
– Exceptions are made for damage to technical equipment, as the contractor cannot test its functionality prior to the move.
15. Lien
Kraftmann Umzüge has a lien on the household goods for all claims arising from the moving contract. It may refuse to release the goods until payment has been made.
Kraftmann Umzüge is entitled to charge the applicable storage costs (until the invoice has been 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 venue for legal proceedings shall be the registered office of Kraftmann Umzüge, managed by Adil Dogan. German law shall apply.
17. Severability Clause
If any provision of this agreement is held to be invalid, the remainder of the agreement shall remain in full force and effect. In such a case, the parties shall be obligated to agree on provisions regarding the invalid parts that most closely approximate the intended economic result.
18. Tips
Tips are voluntary payments made by the client to the moving crew. They are not part of the contractually agreed-upon fee and therefore cannot be deducted from or credited against the moving company’s invoice.
Conclusion of the Contract
- Quotes provided by the contractor (moving company) are subject to change and non-binding, unless otherwise expressly stated.
- The contract is concluded when the client confirms the contractor’s offer in writing via email or in another written form. A handwritten signature is not required for this.
- Acceptance of the offer via email constitutes a binding order and is equivalent to a signed contract.
Liability
Important information regarding the furniture mover’s liability, including liability agreements and transportation insurance pursuant to Section 451g of the German Commercial Code (HGB)
On this page, you will find our liability provisions. To ensure a smooth collaboration, we recommend that our customers read these provisions, as they indirectly address many of the customers’ obligations to cooperate.
The carrier (hereinafter referred to as the moving company) is liable in accordance with the moving contract and the German Commercial Code (HGB). The same liability principles apply to the transport of household goods destined for locations outside Germany. This also applies when different modes of transport are used.
The moving company is liable for damage resulting from the loss or damage of the goods being moved during the period from the time they are accepted for transport until delivery, or from a failure to meet delivery deadlines (liability for custody).
The moving company is exempt from liability to the extent that loss, damage, or failure to meet delivery deadlines is due to circumstances that the moving company could not have avoided even with the utmost care and whose consequences it could not have prevented (force majeure).
The moving company’s liability for loss or damage is limited to EUR 620 per cubic meter of cargo space required to fulfill the contract. – In the event of a delay in delivery, the moving company’s liability is limited to three times the amount of the freight charge. – If the moving company is liable for damages arising from a breach of a contractual obligation related to the performance of the move—damages that are not caused by loss or damage to the goods being moved or by exceeding the delivery deadlines—and if such damages are other than property damage or personal injury, liability in this case is limited to three times the amount that would be payable in the event of loss of the goods.
The moving company is exempt from liability to the extent that the loss or damage is attributable to one of the following risks:
Transportation of precious metals, jewelry, coins, securities, or documents.
Inadequate packing or labeling by the customer.
Boxes packed by the customer themselves and not by the moving company.
Handling, loading, or unloading of the household goods by the shipper.
Transport of goods not packed by the moving company in containers.
Loading or unloading of household goods whose size or weight does not fit the space available at the loading or unloading location, provided that the moving company has previously informed the shipper of the risk of damage and the shipper has insisted on the performance of the service.
Transportation of live animals or plants.
The natural or defective nature of the household goods, as a result of which they are particularly susceptible to damage, especially due to breakage, malfunction, rust, internal spoilage, or leakage.
If damage has occurred that, under the circumstances of the case, could have resulted from one of the risks specified in paragraphs 1–8, it is presumed that the damage arose from that risk. The moving company may invoke the specific grounds for exclusion of liability only if it has taken all measures required of it under the circumstances and has followed any special instructions.
If the moving company is liable for damages due to loss, compensation shall be based on the value of the goods at the place and time of acceptance for transport. In the event of damage to the goods, compensation shall be based on the difference between the value of the undamaged goods and the value of the damaged goods. The value of the goods being moved is generally determined by the market price; otherwise, it is determined by the fair market value of goods of the same type and quality. In addition, the costs of assessing the damage must be reimbursed.
The exclusions and limitations of liability also apply to any non-contractual claims brought by the shipper or the consignee against the moving company for loss or damage to the goods being moved or for failure to meet the delivery deadline.
The liability exemptions and limitations do not apply if the damage is attributable to an act or omission committed by the moving company intentionally or recklessly, and with the knowledge that damage was likely to occur.
If claims for damages arising from non-contractual liability are brought against any of the moving company’s employees due to loss or damage to the household goods or due to a delay in delivery, that employee may also invoke the exemption from and limitation of liability. This does not apply if the employee acted intentionally or recklessly and with the knowledge that damage was likely to occur.
If the move is carried out in whole or in part by a third party (contracted moving company), that party shall be liable for damage resulting from the loss or damage to the goods or from a failure to meet the delivery deadline during the transportation carried out by it, in the same manner as the moving company. The actual carrier may assert all defenses to which the carrier is entitled under the contract of carriage. If claims are made against the actual carrier’s employees, the provisions regarding the liability of employees shall apply to them.
The moving company informs the shipper of the option to agree with the company, upon payment of an appropriate fee, to a level of liability that exceeds the statutory requirements.
The moving company informs the shipper of the option to insure the goods through the company for a separate premium.
If the household goods include hazardous materials (e.g., gasoline or oils), the shipper is required to inform the moving company in a timely manner of the nature of the hazard posed by the goods (e.g., flammability, corrosive liquids, explosive substances, etc.).