Furniture shipping company
A furniture forwarding company is a forwarding company that deals with the transport of furniture (new furniture or removal goods). If the furniture transport company transports new furniture, it is a new furniture transport company, and if moving goods it is a moving company.
Moving agent
In contrast to the shipper of the removal company generally leads his orders in its own name (§ 458 HGB) by, with the result that on this, see the freight regulations apply. It is normal that the entire service, from advice, packaging, loading, transport, unloading, unpacking, furniture disassembly and disassembly, lamp disassembly and reassembly, is provided by one company.
Legal bases in Germany
The legal basis for removal transport results primarily from §§ 451 ff. Of the German Commercial Code , subordinately from §§ 407 ff. HGB and §§ 631 ff. BGB . Often the "General Terms and Conditions for Removals Transport (GTC)" are also made an object of the contract. The implementation of the furniture transport is therefore a special freight business within the meaning of §§ 451 ff HGB . Removal goods are transported in the same way as new furniture is transported by commercial road haulage (§ 451 HGB in conjunction with § 407 HGB).
The contract between the furniture removal company and its customer is based on h. M. as a civil law consensual contract with success character (= work contract ).
In moving traffic, the goods are usually carried out by truck. Then the moving company is also subject to the public-law conditions of the Goods Transport Act (GüKG).
Carrier's Obligations
The moving agent has the task of carrying out the moving traffic. The entrepreneur transports removal goods with vehicles and provides all services associated with the move.
The duties of the carrier also include dismantling and assembling the furniture, as well as loading and unloading the goods (Section 451 a, Paragraph 1 of the German Commercial Code). If the sender is a consumer according to Section 13 of the German Civil Code , the carrier must also ensure that other services related to the move, such as packaging and labeling of the goods to be moved, are carried out (Section 451 a (2) of the German Commercial Code).
Waybill, dangerous goods, accompanying documents, notification and information obligations
- The sender is not obliged to issue a consignment note (§ 408 HGB) (§ 451 b, Paragraph 1 HGB).
- If the removal goods are dangerous goods (§ 410 HGB), the sender must inform the removal company in advance in a suitable form (in case of doubt in writing) about the dangerousness of the goods and hand over the necessary information. If the sender is a consumer, it is sufficient if he describes the general danger posed by the goods to the carrier. A special form of notification is not required. However, the carrier must inform the sender of this obligation to notify (Section 451 b (2) sentence 1 2nd half sentence HGB).
- If the sender is a consumer, the moving company must also inform him of the customs and other administrative regulations to be observed (Section 451 b (2) sentence 3 HGB).
- However, he is not obliged to check whether the documents and information provided by the sender are correct and complete (Section 451 b (3) sentence 2 HGB).
Sightseeing
In contrast to other areas of forwarding, the customer in moving forwarding is often a private person. For this reason, on-site inspections are usually carried out. The freight forwarder records all the goods to be moved in a removal goods list and talks to the customer about the services he wants to use. The diversity due to constantly changing loading and unloading conditions, implementation measures, customer requests and expectations is particularly emphasized in contrast to other areas of forwarding; this makes an inspection absolutely necessary.
Basis for freight calculation
On the basis of the inspection, the moving company will prepare a moving cost estimate / offer, usually free of charge and without obligation. The moving goods company uses the removal list to determine the volume to be transported. In the furniture haulage business, calculations are not made in loading meters, but in moving van meters, which correspond to 5 cubic meters, until the mid-1990s. In Austria, 1 meter of moving van equals 4 cubic meters. Since the mid-1990s, the loading volume has been calculated in cubic meters. The cubic meter serves as a fixed value for calculating the duration of a move. Under normal conditions (maximum of the 2nd floor and no major removal path, from the truck to the house entrance of 20 meters) you need one hour to load and unload five cubic meters. In agreement with all transport companies, the transport route significantly influences the freight .
Offer and moving contract
In the offer, all services, the volume of the shipment, as well as ancillary services and packaging material are noted and the price is fixed. If the sender signs this offer, there is a relocation contract that proves the business relationship. Services such as assembly, carpentry work, electricians and painters, as well as packing and unpacking the removal goods are offered if required, provided these are not already owed in the basic contract. The so-called relocation service represents a new area. In addition to moving, other services (e.g. swept-out move-out, ie the apartment is ready for subsequent tenants, registration and deregistration of the car, school, kindergarten; sale of the old apartment) ; Obtaining ID, passport, required papers, new apartment) organized and offered.
execution
Depending on the volume of the move and the scope of the work to be performed, the customer is provided with a column on the agreed moving day, which not only consists of porters, but usually a correspondingly large truck, a driver, a column leader who is often also the driver, and Furniture carriers. For additional services, movers, fitters, cabinet makers, painters or electricians are added. The use of inclined elevators when moving to and from higher floors is also common.
payment
In practice, it is common for the sender, if he is a consumer, to pay the payment in cash after loading or before unloading. However, it should be pointed out that this does not exactly correspond to the legal regulation: in the case of freight contracts, the freight payment is only due step-by-step against delivery of the goods to the recipient (§§ 407 Paragraph 2, 420 Paragraph 1 Sentence 1 HGB); Applied to the relocation contract even only when the furniture assembly is finished (since the latter is also owed by the furniture haulier; cf. § 451 a (1) HGB). Since this is a contract for work and services, the remuneration would even only have to be paid after the move has been carried out and the service owed has been accepted by the customer (§§ 631, 641 BGB).
For regular and corporate customers, payment by bank transfer is common after receipt of the invoice.
liability
scope of application
The carrier (hereinafter referred to as the moving company) is liable according to the conditions of the relocation contract and the special legal liability provisions of §§ 451 d ff. HGB. The same principles of liability apply to the transport of removal goods with a destination outside Germany (if German law applies at all). This also applies if different types of transport are used.
Liability principles
The moving company is liable for the damage caused by the loss of or damage to the removal goods in the period from acceptance for transportation to delivery or by exceeding the delivery period ( custody ). (§ 425 HGB)
Disclaimer of liability
The furniture removal company is exempt from liability if the loss, damage or exceeding the delivery period is due to circumstances which the furniture removal company could not avoid even with the greatest care and the consequences of which it was unable to avert (unavoidable event) (Section 426 HGB).
Maximum amount of liability
- The movers' liability for loss or damage is limited to an amount of EUR 620.00 per cubic meter of cargo space that is required to fulfill the contract (§ 451 e HGB).
- Because the delivery period is exceeded, the furniture haulier's liability is limited to three times the amount of the freight (Section 431 (3) HGB).
- If the moving company is liable due to the breach of a contractual obligation related to the execution of the move for damage that is not caused by loss of or damage to the goods to be moved or by exceeding the delivery period, and if damage other than property damage and personal injury is involved, this is If liability is limited to three times the amount that would have to be paid if the goods were lost (Section 433 of the German Commercial Code).
Special grounds for exclusion of liability
As a rule, the moving company is released from its liability if the loss or damage is due to one of the following risks (Section 451 d, Paragraph 1 of the German Commercial Code):
- Transport of precious metals, jewels, precious stones, money, postage stamps, coins, securities or documents
- Insufficient packaging or labeling by the sender
- Handling, loading or unloading of the removal goods by the sender
- Transport of goods not packed by the moving company in containers
- Loading or unloading of removal goods, the size or weight of which does not correspond to the space available at the loading or unloading point, provided that the moving company advised the sender of the risk of damage and the sender insisted that the service be performed
- Carriage of live animals or plants
- Natural or poor quality of the goods to be moved, making them particularly easy to suffer damage, in particular through breakage, malfunctions, corrosion, internal spoilage or leakage.
If damage has occurred which, according to the circumstances of the case, could result from one of the dangers specified in numbers 1–7, it is legally presumed that the damage originated from this risk (Section 451 d (2) HGB). The moving company can invoke the special reasons for exclusion of liability if it has taken all the measures incumbent on it under the circumstances and has observed special instructions (Section 451 d (3) HGB).
Compensation
If the moving company has to pay compensation for loss or damage, the value at the place and at the time of acceptance for transport is to be reimbursed. If the goods are damaged, the difference between the value of the undamaged goods and the value of the damaged goods must be replaced. It depends on the place and time of acceptance of the goods for transport. The value of the removal goods is usually determined from the market price (Section 429 HGB). In addition, the costs of the damage assessment are to be reimbursed (Section 430 HGB).
Non-contractual claims
The exemption from liability and limitations of liability also apply to a non-contractual claim by the sender or recipient against the moving company due to loss of or damage to the removal goods or due to exceeding the delivery period (Section 434 HGB).
Loss of exemption and limitation of liability
The exemption and limitation of liability does not apply if the damage can be traced back to an act or omission that the moving company committed willfully or recklessly and with the knowledge that damage is likely to occur (§ 435 HGB).
Liability of the people
If claims for damages from (extra) contractual liability are raised against one of the people of the furniture haulier due to loss of or damage to the removal goods or due to exceeding the delivery time, then that person can also invoke the exemption and limitation of liability. This does not apply if he committed the damage willfully or recklessly and in the knowledge that there is a likelihood that damage will occur. (§ 428 HGB)
Executing furniture forwarder
If the move is carried out in whole or in part by a third party (moving furniture agent), the latter is liable for the 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 moving agent ( § 437 HGB). The executing furniture forwarder can raise all objections to which the furniture forwarder is entitled from the freight contract. If people from the moving furniture agent are used, these provisions on people's liability apply.
Liability agreements
The moving company advises the consumer-sender of the possibility of agreeing a liability that is more extensive than the legally stipulated liability with him in return for payment of a corresponding fee (Section 451 g No. 1 HGB). If he fails to do so and if damage occurs, the carrier cannot invoke the statutory limitations of liability in his favor.
Transport insurance
The moving company advises the consumer-sender of the possibility of insuring the goods (Section 451 g sentence 1 no. 1 HGB). If he fails to do so and if damage occurs, the carrier cannot invoke the statutory limitations of liability in his favor.
Notification of damage
In the case of damage to goods within the meaning of § 425 Paragraph 1 Alt. 1, 2 HGB, special notice periods apply (§ 451 f HGB). In order to prevent the expiry of claims for compensation, please note the following:
- Examine the goods immediately upon delivery for any externally visible damage or loss. Record these precisely on the receipt or a damage report or show them to the furniture removal company no later than the day after delivery.
- Damage or loss that is not externally visible must be reported to the moving company within 14 days of delivery.
- Claims for exceeding the delivery time expire if the person entitled does not notify the moving company of the excess within 21 days of delivery (Section 438 (3) HGB).
- The notification of damage after delivery has to be made in text form (§ 126 a BGB ). However, this also means that notification of damage immediately upon delivery is not subject to this form; however, it is recommended for evidence purposes.
- The damage should be described in more detail; Flat-rate notifications of damage are usually not sufficient.
- Timely dispatch is sufficient to meet the deadlines (Section 438 (4) HGB); But this does not change the problem that the claimant in the dispute to the access can prove the damage indicator in the removal firm must (§ 130 BGB).
Statute of limitations
The statute of limitations for possible claims from the relocation contract is usually 1 year, in special cases 3 years (§ 439 HGB).
Permissible deviations from the legal regulations
A contractual deviation from the statutory provisions is only permitted within the framework permitted in Section 451 h of the German Commercial Code.
Associations
Organization and cooperation have a tradition of more than 125 years in the furniture haulage business. The Bundesverband der Möbelspedition und Logistik (AMÖ) eV is the umbrella organization of the German furniture transport company. Together with 18 regional member associations, the AMÖ represents the interests of around 1,100 member companies. These are active in the areas of relocation, retail furniture logistics, IT and art shipping.
Over the years, several so-called cargo space equalization companies have formed within the association. The purpose of this cooperation is to use the existing cargo space optimally, to minimize empty runs, to pursue common quality goals and to signal a united appearance to the end customer ( corporate identity ).
DMS Deutsche Möbelspedition GmbH & Co. KG (short: DMS) is an important cooperation group in Germany . Around 70 freight forwarders with a total of around 120 locations throughout Germany have come together under the umbrella brand DMS. The total number of employees in all companies is more than 7,000. In addition to loading space compensation, DMS also offers moving services for private individuals and companies, special transports, various services and project management. In 2011, DMS was ranked 31st among the “Top 100 in Logistics” by the Fraunhofer Society .
The European umbrella organization for furniture hauliers is called Fedemac and represents the European furniture hauliers.
The American umbrella organization (Household Goods Forwarders Association of America, Inc. (HHGFAA)) also allows members from other countries and is therefore to be seen as an international association. In 2009 the HHGFAA changed its name and is now called the International Association of Movers (IAM).
Certifications
Möform certification
The Möform certification is a certification geared towards moving transport that defines minimum standards in order to ensure quality standards for the customer.
DIN: ISO 9002
DIN: ISO 9002 is a German industrial standard that aims to ensure quality standards for industry and private customers, which is regularly assessed by approved auditors (e.g. TÜV).
FIDI FAIM
FIDI FAIM is an international relocation standard that ensures quality standards similar to those of the DIN standard. This standard also regulates worldwide commercial standards. These standards are regularly checked by a management consultancy.
Individual evidence
- ↑ Note: Since this is unfortunately misrepresented in one or the other publication, the following circumstance should be pointed out: The ADSp apply according to their point. 2.3. expressly not for the transport of removal goods or their storage.
- ↑ In deviation from the complaint deadlines of § 438 Paragraph 1, 2 HGB that are otherwise applicable in freight law.
- ↑ The exclusion period mentioned in § 451 f HGB does not apply to personal injury or damage to items not taken over for transport. (cf. Koller, Transportrecht. Commentary , 7th edition 2010, Verlag CH Beck, § 451 f HGB, marginal number 1)
- ↑ § 438 Paragraph 4 HGB remains applicable here!
