The following provisions will apply in supplement for warehousing:
(1) In the case of warehousing, the Depositor is additionally obliged to advise the Mover of dangerous goods which are supposed to be the object of the contract such as flammable or explosive or radioactive items, items with a tendency to spontaneously combust, poisonous, corrosive, or malodorous items or any such items from which negative effects can be anticipated for the warehouse and/or for other stored goods and/or people.
(2) The Warehouse Keeper will generally perform the following
(a) Warehousing will be in suitable warehouse space belonging to the Warehouse Keeper or a third party; storage in appropriate furniture lorries or containers is deemed to be equivalent. Should the Mover store the goods at a third-party warehouse keeper, he must disclose the latter’s name and the location of the warehouse to the Depositor without undue delay in written form or, if a warehouse warrant has been issued, to mark this on the warrant.
(b) Upon warehousing, an Inventory of the goods will be signed by the Depositor and the Warehouse Keeper. The goods will be labelled in numerical order. The number of boxes will be recorded. The Warehouse Keeper may waive the preparation of the Inventory if the stored goods are put into a container directly on the site of loading, the container is immediately sealed, and it remains sealed during storage.
(c) A copy of the Warehousing Contract and the Inventory will
be handed out or sent to the Depositor upon acceptance of the goods. In the case of partial removal from storage, equivalent deductions will be made on the warrant or the inventory or on the storage release notice.
(3) The Warehouse Keeper is entitled to surrender the stored goods upon presentation of the Warehousing Contract accompanied by the Inventory or an equivalent storage release notice unless the Warehouse Keeper is aware or fails to be aware because of his gross negligence that the person presenting the Warehousing Contract is not authorised to accept the stored goods. The Warehouse Keeper is authorised, but not obliged, to check the proof of authority of the person presenting the Warehousing Contract.
(4) The Depositor is obliged to issue a written acknowledgement of receipt in the case of the full delivery of the stored goods. In the event of a partial delivery, the Warehouse Keeper and the Depositor will make corresponding notations of the withdrawals in text form on the warrant, the Inventory, or the storage release notice.
(5) During the term of warehousing, the Depositor is entitled to inspect the stored goods on the Warehouse Keeper’s premises during business hours in the presence of the Warehouse Keeper. The date of inspection will be agreed in advance. The Warehouse Contract and the Inventory list must be presented at that time.
(6) The Depositor is obliged to inform the Warehouse Keeper in text form of any changes in his address without undue delay. He may not invoke the non-receipt of notices the Warehouse Keeper has sent to his last known address.
(7) The Depositor is obliged to pay the monthly warehouse fee to the Warehouse Keeper in advance by no later than the 3rd working day of each month. The warehouse fee for the following months is also due for payment without the issue of a separate invoice at the beginning of each month.
(8) The Warehouse Keeper is not obliged to check the authenticity of the signatures on the documents pertaining to the stored goods or the authority of the signer unless the Warehouse Keeper knows or remains unaware due to his own negligence that the signatures are forged or the signer is not authorised.
(9) If a fixed term of the Contract has not been agreed, the parties may terminate the Contract in text form upon observance of a notice period of one month unless good cause exists which would justify a termination of the Contract without observance of a notice period.
(10) In the case of contracts with parties who are not consumers, the ALB (General Terms and Conditions of Warehousing of the German Furniture Removal Industry) are deemed to be agreed. They may be accessed at www.amoe.de/ALB.