General Storage Conditions of Easy Storage Hellriegel GmbH & Co.KG
1. validity of the conditions
1.1 The services of the warehouse keeper shall be provided exclusively on the basis of these terms and conditions, unless mandatory statutory provisions stipulate otherwise.
1.2 Oral ancillary agreements have not been made. Collateral agreements and amendments/additions to the contract must be made in writing in order to be effective. This formal requirement may neither be revoked or invalidated verbally nor tacitly.
2. services of the warehouse keeper
2.1 The warehouse keeper shall fulfil his obligations with the usual care and diligence of a prudent warehouse keeper and shall generally provide the following services:
2.2 Storage shall take place in suitable company-owned storage rooms. Goods are stored in boxes or containers provided by the warehouse keeper. The size and quantity of the stored goods is therefore determined by the volume of these containers. The storage rooms are dry and frost-free. Beyond this, no temperature-controlled storage takes place.
2.3 When goods are stored, a list of the stored goods shall be drawn up in accordance with the storage contract and Clause 4 below. A copy of the storage contract and the storage register shall then be handed over to the depositor or sent subsequently.
3. excluded goods
3.1 The following goods are excluded from storage:
3.1.1. dangerous goods of any kind, in particular fire- or explosive-hazardous or radiant goods, goods liable to spontaneous combustion, toxic or corrosive goods, or .
3.1.2 Goods subject to rapid spoilage or rotting;
3.1.3.goods which – such as foodstuffs – are capable of attracting vermin;
3.1.4.Live animals or plants.
3.2 The depositor is obliged to inform the warehouse keeper at least in text form prior to storage if subsequent goods are to be stored:
3.2.1 Goods which may have disadvantages for the warehouse and/or for other stored goods and/or for persons during the storage period;
3.2.2 Objects of extraordinary value, such as precious metals, jewellery, precious stones, money, stamps, coins, securities of any kind, documents, works of art, data carriers or documents requiring archiving, real carpets, antiques, collectors’ items;
3.2.3 In the case of such particularly valuable or theft-prone goods as well as other goods with an actual value of 50 Euro/kg or more, the depositor shall inform the warehouse keeper at least in text form in good time prior to acceptance so that the warehouse keeper has the opportunity to decide on acceptance of the goods and to take measures for safe and damage-free storage.
3.2.4 If the depositor violates one of the above-mentioned information obligations, the warehouse keeper is free to refuse acceptance of the goods, to return goods which have already been taken over or to keep them ready for collection, or to remove them from storage without notifying the depositor.
3.3 The depositor assures that none of the above-mentioned objects or items excluded from storage (§90, §90a BGB) are among the goods to be stored and none of those to which he has not separately referred in accordance with Clause 3.2.
4. storage directory
4.1 If a stock list is drawn up, moving boxes are only recorded in terms of quantities and numbered consecutively. Unpacked goods are listed. The storing party is obliged to check and sign the storage register with regard to the stored goods for correctness and completeness.
4.2 If the depositor is present during storage, complaints must be reported immediately after completion of storage. If storage does not take place in the presence of the depositor (e.g. collection of the stored goods from the depositor), the warehouse register shall be drawn up on the basis of an acceptance report drawn up at the place of collection and sent to the depositor.
4.3 The storing party shall lodge complaints immediately, at the latest within 7 days of receipt of the warehouse register. If complaints are not asserted within the specified period, it shall be assumed that the warehouse register is complete and correct.
4.3 The parties may waive the compilation of the warehouse register if the stored goods are brought into the boxes provided in the presence of the depositor and these are immediately locked and subsequently locked. The waiver of the preparation of the storage register must be documented.
4.4 The warehouse keeper is entitled to deliver the stored goods on presentation of the storage contract with list unless the warehouse keeper is aware that the person presenting the storage contract and list is not authorised to receive the stored goods. The warehouse keeper is authorised, but not obliged, to verify the legitimacy of the person presenting the warehouse register and the warehouse contract.
4.5 The depositor is obliged to return the storage contract with the list upon complete delivery of the stored goods and to issue a written receipt of receipt. In the case of partial removal from storage, corresponding write-offs shall be made on the warehouse register or the storage contract.
5. execution of storage
5.1 The storing party shall be entitled to inspect the storage rooms prior to storage. Objections or objections to the storage of the goods or to the choice of storage space must be raised immediately. If he does not exercise the right to inspect the goods, he shall raise all objections to the way in which the goods are accommodated, provided that the choice of storage space and the accommodations have been made with due care and diligence as required in the ordinary course of business.
5.2 After storage has taken place, the depositor shall be entitled, after prior agreement on the date, to enter the warehouse during the business hours of the warehouse keeper accompanied by him, if he can legitimise himself accordingly at that time.
6. storage charges
6.1 Invoices for storage fees due, including remuneration for ancillary services, insurance premiums and the like, are generally due immediately unless the invoice states a different payment term. If monthly payment has been agreed for the storage fee, the storage fee shall be paid monthly in advance to the warehouse keeper by the 3rd working day of each month at the latest.
6.2 Invoiced amounts are net amounts. The depositor shall additionally pay value added tax at the respective statutory rate.
6.3 Necessary expenses shall be reimbursed to the warehouse keeper immediately upon request.
6.4 The costs of interim warehouse visits, partial storage and retrieval shall be invoiced separately in accordance with the agreed conditions, or in the absence of an agreement, in accordance with the expenses incurred for these.
6.5 The respective prices are based on the respective valid price list. The warehouse keeper shall inform the storing party of price changes at least in writing beforehand. During a fixed agreed storage period, price changes shall only be permissible with the consent of the depositor.
7 Set-off, assignment, pledging
7.1 Only undisputed or legally established claims of the depositor may be set off against the warehouse keeper’s claim to payment of the storage fee.
7.2 An assignment or pledging of the rights of the depositor under the storage contract shall only be binding on the warehouse keeper if it has been notified to him in writing. In such cases, the party to whom the rights have been assigned or pledged shall only be entitled to dispose of the stored goods vis-à-vis the warehouse keeper upon presentation of the storage contract with storage register.
8. duration and termination of the storage contract
9.1 If a fixed term of the contract has not been agreed, this shall be at least one month and may be terminated in writing or in text form subject to a notice period of 5 days. The right to terminate for good cause remains unaffected.
9.2 In the event of termination of the storage contract by the depositor, the depositor shall agree the date for the return of all or part of the stored goods in good time with the warehouse keeper. The right of the depositor to demand the return of the stored goods shall remain unaffected by the above period of notice.
10 Liability of the warehouse keeper
10.1. damage to goods
10.1.1 If the warehouse keeper is liable to pay compensation for total or partial loss of the goods, the current value shall be reimbursed. If the goods are damaged, the difference between the value of the undamaged goods at the place and time of taking over for storage and the value which the damaged goods would have had at the place and time of taking over shall be compensated. It shall be presumed that the cost of mitigating and repairing the damage shall be equal to the difference so determined.
10.1.2 The value of the goods shall be determined by the market price, otherwise by the common value of goods of the same kind and quality. If the goods were sold for storage immediately before their acceptance, it shall be presumed that the purchase price shown on the seller’s invoice less the transport costs included therein is the market price.
10.2 Other than damage to goods
The warehouse keeper shall compensate for pecuniary loss resulting from the loss of or damage to the goods as well as for other pecuniary loss if the damage is attributable to gross negligence or wilful misconduct.
10.3 The warehouse keeper shall be liable to the person entitled under the warehouse warrant for any loss arising from the delivery of the goods without having the warehouse warrant returned to him or without entering a depreciation note.
11 Special grounds for exclusion of liability
The warehouse keeper is not liable for damages
11.1. as a result of force majeure or other events which cannot be averted by the diligence of a prudent businessman, such as force majeure (war or warlike events, nuclear energy or acts of God, in particular confiscation;
11.2 by goods which the depositor has stored contrary to Clause 3.1;
11.3 as a result of the natural or defective nature of the stored goods, e.g. loosening of glues, cracks or blindness of the polish, oxidation, internal spoilage, leaks or leakage.
11.4 loss of the goods stored in containers of all kinds, unless the warehouse keeper has packed or unpacked them, unless the depositor proves that the damage was caused by the handling of the warehouse keeper;
11.5 of or loss of objects of exceptional value within the meaning of Clause 3.2, unless the depositor has informed the warehouse keeper of the contents in accordance with Clause 3.2.3 so that the latter can take special precautionary measures
11.6 Functional damage to radio, television or similar sensitive devices;
12. maximum liability amounts
12.1 The liability of the warehouse keeper in the event of loss of or damage to the goods (damage to goods) is limited to 8.33 SDRs per KG of the stored goods, but to a maximum of € 35,000 per case of damage.
12.2 The aforementioned limitations of liability shall not apply if the storing party gives the warehouse keeper a higher value for the goods to be stored in writing or in text form when placing the order. The agreed liability limit shall then be the declared value of the goods for which the depositor takes out insurance with the warehouse keeper. The costs resulting therefrom as well as any special security measures shall be borne by the depositor.
12.3 The warehouse keeper’s liability for damage other than to goods, with the exception of personal injury and damage to goods that are not subject of the contract, is limited to EUR 35,000 per claim.
12.4 The warehouse keeper’s liability – with the exception of personal injury and damage to goods that are not subject of the contract – shall in any event be limited to EUR 1 million per event, irrespective of the number of claims arising from the same event; in the case of more than one claimant, the warehouse keeper’s liability shall be proportionate to their claims. Section 12.2 shall remain unaffected.
12.5 The exclusions and limitations of liability referred to in Clauses 11 and 12.1 shall also apply to claims arising from non-contractual liability for loss of or damage to the goods and also to the warehouse keeper’s personnel. They do not apply if the damage has been caused.
12.5.1 by intent or gross negligence on the part of the warehouse keeper or his vicarious agents, or
12.5.2 by grossly negligent or intentional breach of essential contractual obligations, whereby claims for damages in this case are limited to the foreseeable, typical damage.
13. obligations to give notice of defects
13.1 The storing party must observe the following deadlines for notification of damage, losses and partial losses:
13.1.1 in the case of obvious defects in the case of collection by the depositor of the goods by the depositor himself, at the latest on delivery, in all other cases on the day after delivery;
13.1.2 in the case of non-obvious damage, within 7 days of acceptance of the stored goods. If the depositor himself has taken over the packaging of the goods, he must prove that these damages occurred during the storage or handling of the stored goods for which the warehouse keeper is responsible.
13.2 Notification shall be given at least in text form and shall adequately indicate the loss or damage. After expiry of the time limits for giving notice of defects, it shall be presumed that the goods have been issued or delivered complete and undamaged. Timely dispatch of the notification shall suffice to comply with the time limits.
14. access to the stored goods
The warehouse keeper shall be entitled to open the containers if there are reasonable grounds to suspect that the above agreements have been violated (in particular Clause 3), provided that prior contact with the depositor has failed and the depositor himself or the other depositors/storage keepers are threatened with not inconsiderable damage.
15. change of address
The depositor is obliged to inform the warehouse keeper immediately of any change of address. Messages from the warehouse keeper to the depositor may always be sent to the address of the depositor last notified to the warehouse keeper. If the depositor does not inform the warehouse keeper of a change of address, he shall be deemed to have been duly informed if the relevant message from the warehouse keeper was sent to the last known address of the depositor.
16. place of jurisdiction
16.1 In the event of disputes with merchants on the basis of this storage contract and on claims on other legal grounds connected with the storage contract, the court in whose district the branch of the warehouse keeper commissioned by the depositor is located shall have exclusive jurisdiction.
16.2 In the case of disputes with persons other than registered traders, exclusive jurisdiction in accordance with Section 16.1 shall only apply if the depositor moves his domicile or usual place of residence abroad after conclusion of the contract or if his domicile or usual place of residence is unknown at the time the action is filed.
17 Invalidity of individual provisions
If individual contractual conditions should be invalid, this shall not affect the validity of the remaining provisions.