The liability of the furniture carrier
Information about the liability provisions according to § 451 g HGB
The furniture carrier is liable as a carrier according to the relocation contract and the Commercial Code (HGB). These
Liability principles also apply to cross-border carriage with start or end in Germany,
even if various types of means of transport are used. The liability provisions apply to
Stores in which the depositor is a consumer, accordingly.
I. Liability principles
The furniture carrier is liable for the damage caused by loss or damage of the goods, as long as this is in
is in his care.
II. Liability limit
The liability of the furniture forwarder due to loss or damage is € 620 per cubic meter
Cargo space required to fulfill the contract is limited. Due to exceeding the delivery time the liability of the
Furniture carrier limited to three times the amount of freight.
If the furniture carrier is liable for breach of a contract related to the execution of the move
Obligation for damages that are not caused by loss or damage of the goods or by exceeding the delivery time,
and is it damage other than property
and personal injury, so in this case the liability is threefold
of the amount that would be payable if the goods were lost.
If the furniture forwarder has to pay compensation for loss of the good, then the value at the place and at the time of the takeover is to
To replace transport.
In case of damage to the goods is the difference between the value of the undamaged good and the value of the damaged
Good to replace. Decisive is the value of the goods at the place and at the time of takeover. The value of the goods is determined
according to the market price. In both cases, the cost of damage assessment must also be replaced.
The furniture carrier is exempt from liability if the loss, damage or the delivery deadline on a
unavoidable event, which the furniture forwarder can not avoid even with the utmost care and whose consequences he does not
could turn away.
V. Special Disclaimer
(1) The furniture carrier is exempt from liability, as far as the loss or damage to one of the following
Dangers can be attributed to:
1. Carriage and storage of precious metals, jewels, precious stones, money, stamps, coins, securities or
2. insufficient packaging or marking by the sender;
3. handling, loading or unloading of the goods by the sender;
4. Carriage and storage of goods not packed by the forwarder in containers;
5. Loading or unloading of goods, their size or weight the space conditions at the loading point or unloading point
does not correspond, provided that the furniture forwarder informed the sender of the risk of damage beforehand and the
Sender has insisted on the performance of the service;
6. transportation and storage of live animals or plants;
7. natural or defective nature of the goods, according to which it is particularly easy to damage, in particular by breakage,
Malfunction, rust, internal deterioration or leakage, suffers.
If damage has occurred which, according to the circumstances of the case, results from one of the risks described under 1 to 7
could, it is supposed, that the damage arose from this danger. The furniture carrier can focus on the
special grounds of disclaimer only if he has taken all the measures incumbent on him under the circumstances
and has followed special instructions.
(2) The storer is not liable for damage caused by nuclear energy and radioactive or radioactive substances
VI. Application of the exemptions and
(1) The exemptions and
Restrictions also apply to claims for non-contractual liability due to loss
or damage to the goods or exceeding the delivery time, unless the furniture carrier intentionally or
reckless and acting in the awareness that damage is likely to occur.
(2) The aforementioned exemptions from liability and
Restrictions also apply to the staff of the furniture forwarder.
VII. Performing Furniture Carrier
If the furniture forwarder commissions another moving furniture carrier for the move, he will be liable in the same way
like the commissioned furniture forwarder, as long as the goods are in his care. The exporting furniture carrier can do all
Freight Contracting Objections.
and storage insurance
It is possible to insure the goods beyond legal liability. The furniture carrier closes on request
customer and, against payment of a separate premium, a transport
or storage insurance.
IX. loss advice
The following important features apply to the assertion of claims for damages:
(1) Outwardly recognizable damages and losses of the goods should be on delivery on the delivery receipt or
a damage report be held exactly. Such damages or losses are detailed in the furniture carrier at the latest the next day
(E-mail, letter, fax).
(2) Externally unrecognizable damage and loss must be reported to the furniture carrier within 14 days
Delivery, also in detail in text form, to be displayed.
(3) If damages and losses are not asserted within the specified periods, the claims for compensation lapse.
(4) Exceedances of the delivery time must be displayed within 21 days of delivery in text form. After expiration of the
Deadline otherwise the claim is lost.
(5) In order to meet the deadlines, the timely submission of a detailed advertisement in text form to the commissioned person is sufficient
or drop-off furniture carrier, who reveals their exhibitor.