For your move, you have chosen a removal company. You want to help professional relocation helpers transport your belongings because they know how to transport furniture without scratches and any damage. However, mistakes can not be ruled out, and you have to be well informed in advance, what his moving company actually is liable to.
Do not hesitate to ask questions, but do not rely on verbal promises. The most important information you can find most in your contract. The following information must include every contract.
Scope of application
The carrier (from now on referred to as furniture carrier) is liable under the relocation contract and the Commercial Code. The same principles of liability apply to the transport of goods to and from places outside Georgia. This also applies if different types of means of transport are used.
Principles of liability
The furniture forwarder is liable for the damage caused by the loss or damage of the goods in the period from the takeover to the transport until delivery or by exceeding the delivery time (custody).
The liability of the furniture forwarder due to loss or damage is limited to an amount of 620.00 Euro per cubic meter of cargo space required to fulfill the contract.
Due to the fact that the delivery time is exceeded, the liability of the forwarder is limited to three times the amount of the freight. If the furniture forwarder is liable for any damage resulting from the loss of or damage to the goods to be moved or exceeding the delivery deadline due to the breach of a contractual obligation relating to the execution of the move, and if the damage is other than property damage or personal injury, then this is the case The liability is limited to three times the amount that would be payable if the goods were lost.
If the furniture forwarder has to pay damages for loss, the value at the place and at the time of takeover for carriage has to be replaced. In case of damage to the goods, 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 takeover for promotion. The market price usually determines the value of the goods to be moved. Also, the costs of the damage assessment must be replaced.
The furniture carrier is exempt from liability, as far as the loss, damage or exceeding the delivery time based on circumstances that the furniture carrier could not avoid with the utmost care and the consequences of which he could not avert (inevitable event).
The forwarder is exempted from his liability if the loss or damage is due to one of the following hazards:
- transport of precious metals, jewels, precious stones, money, stamps, coins, securities or documents;
- insufficient packaging or marking by the sender;
- handling, loading or unloading of the goods by the sender;
- Transportation of goods not packed by the forwarding agent in containers;
- Loading or unloading of removal goods whose size or weight does not correspond to the space conditions at the loading point or unloading point provided that the furniture forwarder has informed the sender of the risk of damage and the sender has insisted on the performance of the service;
- transportation of live animals or plants;
- natural or defective nature of the goods to be moved, according to which it suffers particularly easily damage, in particular by breakage, malfunction, rust, internal deterioration or leakage.
If damage has occurred which could, according to the circumstances of the case, have arisen from one of the risks described under 1. to 7., it is assumed that the damage resulted from this risk.
The furniture carrier can only rely on the special grounds for exclusion of liability if he has taken all the measures incumbent on him under the circumstances and observed special instructions.
The exemptions from liability and limitations of liability also apply to a non-contractual claim of the sender or the recipient against the furniture forwarder due to loss or damage to the goods to be moved or because the delivery time has been exceeded.
Loss of exemptions and limitations
The exemptions from liability and limitations of liability shall not apply if the damage is due to an act or omission that the furniture forwarder has committed deliberately or recklessly and in the knowledge that damage will likely occur.
Liability of the people
If compensation claims for non-contractual liability for loss or damage to the goods or for exceeding the delivery period against one of the people of the furniture forwarder, so can also those on the exemptions and Limitations of Liability. This does not apply if he acted deliberately or recklessly and in the knowledge that damage would be likely to occur.
Performing furniture carrier
If the removal is carried out in whole or in part by a third party (furniture removal agent), the latter is liable for the damage caused by loss of or damage to the goods or exceeding the delivery period during the carriage carried out by him, in the same way as the furniture forwarder. The executing furniture carrier can assert any objections that the furniture forwarder has from the contract of carriage. Furniture forwarder and executing furniture carrier are liable as joint debtors. If people of the exporting furniture forwarder are used, the provisions on the liability of the people apply to them.
The forwarder points out to the sender the possibility of agreeing with him for more extensive than legally required liability for payment of a corresponding fee.
The forwarder points out to the sender the possibility of insuring the good against payment of a separate premium.
In order to prevent the expiry of compensation claims, the following should be noted:
- The sender is obliged to examine the goods on delivery for externally visible damage or loss. These should be recorded on the delivery receipt or a damage report – specified. They must be reported to the furniture forwarder no later than the day after delivery.
- Outwardly unseen damage or loss must be reported to the furniture carrier within 14 days of delivery.
- Flat-rate claims are in no case sufficient.
- Claims for exceeding the delivery deadline expire if the recipient does not notify the furniture forwarder within 21 days of delivery.
- If an advertisement is reimbursed after delivery, it must – in order to prevent the loss of claims – in text form (e.g., by letter, fax or e-mail) and within the stipulated time limits. In addition, the sender of the claim must be called and the conclusion of the statement by emulation of the name signature or otherwise made recognizable.
- To meet the deadlines, the timely dispatch is sufficient.
Dangerous goods removal
If dangerous goods (e.,g. gasoline or oils) are added to the goods to be moved, the consignor is obliged to inform the forwarding agent in writing in good time which nature is the danger emanating from the good (e.g., fire hazard, corrosive liquid, explosive substances, etc.).