Information Concerning Liability (§ 451 Commercial Code)

MTL Moving Transport Logistics may be held liable for incurred damage solely in accordance with § 451 German Commercial Code. The English outline of this code below merely serves as a guideline.

  • Area of application
    The carrier (called removal firm in the following text) is liable under the removal contract and the Commercial Code (Handelsgesetzbuch-HGB). For the transportation of removal goods with destinations outside of Germany, the same liability principles apply. This is also valid if various means of transportation are used.
  • Liability Principles
    The removal firm is liable for any damages arising from loss of or damage to goods from the time of hand-over for delivery up to drop off, or resulting from late deliveries (Responsibility of care).
  • Exemption from liability
    The removal firm is not liable as long as the loss of or damage to the goods or the late delivery is based on circumstances which the removal firm could not avoid in spite of exercising utmost care and the consequences of which the removal firm could not prevent (unavoidable occurrence).
  • Maximum amount of liability
    The liability of the removal firm due to losses or damages is limited to an amount of 620.00 per cubic meter of loading space required to fulfil the contract. If the delivery deadline is exceeded, removal firm's liability is limited to the figure equalling three times the value of the shipping costs. If the removal firm is responsible for damages in conjunction with the execution of the removal due to a breach of one of its contractual obligations, which have not arisen due to losses or damages to the removal goods or through late delivery, and the matter involves other damages than personal injury and damages to property, then liability in this case is limited to three times the value of the amount which would be payable upon the loss of the goods.
  • Special reasons for exclusion from liability
    The removal firm is exempted from liability as long as the loss or damage can be attributed to one of the following dangers:
    • Transportation of precious metals, jewellery, precious stones, money, stamps, coins, securities or documents.
    • Insufficient packaging or labelling by the consignor (client).
    • Handling, loading or unloading of removal items by the consignor.
    • Transportation of goods in containers which were not packed by the removal firm.
    • Loading or unloading of removal goods with sizes or weights which do not correspond with the spatial conditions at the loading or unloading site, as long as the removal firm previously notified the consignor of the danger of damages and the consignor insisted on the service being carried out.
    • Transportation of live animals or plants.
    • Natural or faulty condition (inherent vice) of the removal goods that easily result in damages caused in particular by breakage, functional faults, rust, intemal damage, or spillage.
    If damages have occurred which could have arisen from one of the dangers described in figures 1-7 according to the circumstances of the case, then the assumption is made that the damage resulted from these dangers. The removal firm may apply the "Special Reasons for Exdusion from Liability " only if it has undertaken all the measures it was instructed to carry out and has observed the special instructions given.
  • Compensation for lost value
    If the removal firm has to compensate for lost value due to the loss of goods, then the value at the time and place of hand-over for transportation must be replaced. In the case of damage to goods, the difference in value between the undamaged items and the damaged items must be replaced. In this case, it depends on the time and place of the hand-over of the items for transportation. As a ruIe, the value of removal items is based on their market price. In addition, the costs for ascertaining the damage must also be replaced.
  • Noncontractual claims
    Liability exemptions and liability restrictions also apply for daims outside of the contract by the consignor or consignee against the removal firm due to losses or damages to the transported goods or due to late delivery.
  • Cessation of liability exemptions and restrictions
    The liability exemptions and restrictions do not apply if damage can be attributed to the removal firm acting wilfully or recklessly, or failing wilfully or recklessly to act, while being conscious that there was a high level of probability that damages could be incurred.
  • Liability of staff
    If claims for damages due to extracontractual liability due to loss or damage of the removal goods or late delivery are made against one of the removal firm's staff, then that party can also plead to be exempted from the liability and restrictions. This does not apply, however, if they have acted wilfully or recklessly or have been aware that damages were likely to be incurred.
  • Performing removal firm
    In the event that the removal is carried out in its entirety or in part by a Third Party (performing removal firm), then this party will be responsible for the damages resulting from loss or damages to the goods or through late delivery occurring while they are performing the shipment in a similar fashion as the removal firm. The performing removal firm can enforce all pleas to which the freight forwarding company is entitled under the freight agreement. If staff belonging to the performing removal firm are used, then the clauses conceming liability of staff applies to them.
  • Liability Agreement
    The removal firm will draw the consignor's attention to the possibility of agreeing liability coverage over and above that required by law, subject to appropriate payment for this.
  • Transportation Insurance
    The removal firm will draw the consignor's attention to the possibility of insuring the goods subject to a separate premium to be paid
  • Notification of claims
    The following must be observed to avoid expiration of any daims for damages: Inspect the goods upon delivery for recognisable external damages or losses. Please note this on the delivery note or on a damage report specifying same or report these to the removal firm no later than the day after the delivery was made. The removal firm must be informed of any concealed damages or losses within 14 days after delivery. General (unspecified) notifications of damages do not suffice under any circumstances. Claims due to late delivery expire if the consignee does not notify he removal firm of the late delivery within 21 days after the agreed delivery date. To eliminate any loss of entitlement to the claim, notification must always be made in writing after delivery of the shipment and must occur within the specified time period. Notification of the daim for damages can also be done using a telecommunication device. A signature is not required if the issuer of the notification is recognisable through some other means Prompt dispatching of same suffices to adhere to the specified deadlines.
  • Dangerous Removal Goods
    If dangerous goods are included in the removal goods (e.g. gasoline or oil), then the consignor is obliged to inform the forwarder of the nature of the dangers relating to the goods (e.g. danger of combustion, caustic liquids, explosive materials, etc.)
  • Notice:
    Should there be a dispute between this English language text and the original German text, then the German text shall prevail.
Copyright © 2017 by MTL Moving Transport Logistics All rights reserved.
Profil von MTL Moving Transport Logistics in Ariba Discovery anzeigen