Oliver Schütz – Fineart – Spedition

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29599 Vest

Terms of Service

All services are provided solely on this basis. The General Terms and Conditions of Art also apply to future contracts, even without further agreement.

1 Scope

1.1 The General Terms and Conditions Art apply to all orders in connection with the treatment of art objects, collectibles of all kinds and antique furniture, hereinafter referred to as objects. This also includes, for example, agreements as self-employed contracts for hanging up and taking down pictures, setting up and dismantling other objects, packing, loading, transporting, unloading, unpacking and storing objects, collecting cash on delivery, customs clearance, about courier services and procurement
of transport and property insurance.

1.2 The client undertakes. these GTC art with its contractual partners. for example the recipient or owner of the object in relation to the
Oliver Schütz - Fineart - to arrange forwarding and to inform his transport insurer about this.

2 Information provided by the client

2.1 The client has the Oliver Schütz - Fineart - Spedition

to be informed in writing when the order is placed of the addresses, number, type and contents of the packages, dimensions, weights, properties and value as well as the local conditions at the pick-up and destination locations.

2.2 Incorrect or omitted information is the responsibility of the customer, even if he is not at fault, unless the incorrectness was obvious and known when the order was placed.

3 Liability

3.1 Oliver Schütz – Fineart – Spedition is liable for damage to goods, i.e. loss of and damage to the object that is the subject of the contract, consequential damage to goods, i.e. financial losses resulting from damage to goods, pure financial losses, i.e. those that are not related to damage to goods or other property damage related, if the Oliver Schütz - Fineart - Spedition or his vicarious agents is at fault.

In the case of transport by motor vehicle on the road, by plane, rail, inland waterway or seagoing vessel, liability is based on the regulations applicable to these means of transport, insofar as these are mandatory.

3.2 In the case of foreign orders, Oliver Schütz - Fineart - Spedition is authorized to agree on their usual terms and conditions when using service providers. If and to the extent that damage is caused by a foreign service provider, liability is determined by the contractual or mandatory statutory provisions agreed with these foreign companies. A further liability for the Oliver Schütz - Fineart - Spedition only exists if and to the extent that the damage is based on the culpable violation of one's own duty of care.

4 Disclaimers

Oliver Schütz - Fineart - Spedition is exempt from liability - for whatever legal reason - if the goods have already been packed by third parties when they are picked up and the condition is not possible through documentation by means of photos and writing on the pick-up or receipt confirmation, or was refused .

Oliver Schütz - Fineart - Spedition is exempt from liability - for whatever legal reason - insofar as damage is caused by instructions or damage to the person authorized to dispose of the customer during collection and delivery. Delivery takes place.

Oliver Schütz - Fineart - Spedition is exempt from liability and consequential damage caused by the transport of the already damaged goods, regardless of the legal reason.

5 Scope / Limitations of Liability

Insofar as mandatory provisions (e.g. Section 3.1 Paragraph 2 of the Art Terms and Conditions) do not conflict, Oliver Schütz – Fineart – Spedition is liable, regardless of the legal reason, as follows:

5.1 For damage to goods up to 2,000 euros per damaged or lost object, but in the case of transport at least 8.33 special drawing rights per kilogram gross in accordance with Section 431 of the German Commercial Code (11GB).

5.2 If the delivery period of weeks is exceeded, Oliver Schütz – Fineart – Spedition

to pay compensation for the proven damage up to the amount of the contractually agreed fee without further compensation.

5.3 Liability for other than the purely financial losses mentioned in Section 5.2 of these General Terms and Conditions Art is limited to the contractually agreed fee or, in the case of cash on delivery, to the surname amount.

5.4 In any case, the liability - regardless of the legal reason - is limited to the value specified by the customer of the object affected by the damage.

5.5 For a separate fee, the client can agree in writing in the contract that the maximum amounts are higher than those stipulated in Sections 5.1 to 5.4 of these General Terms and Conditions Art.

5.6 The liability regulations provided for in Sections 3 to 5 of the Art Terms and Conditions for any claim against Oliver Schütz - Fineart - Spedition that are the subject of the order placed with Oliver Schütz - Fineart - Spedition, on which legal basis the claim is also based. The employees of Oliver Schütz - Fineart - Spedition, as well as persons, can also refer to these provisions, unless they have caused the damage through intent or through grossly negligent behavior.

The retention restrictions/exclusions do not apply if damage was caused by intent or gross negligence on the part of vicarious agents in managerial positions and/or by intentional or grossly negligent breach of essential contractual obligations; proof of this is the responsibility of the claimant.

5.7 The client has to indemnify Oliver Schütz - Fineart - Spedition from claims of third parties, which are asserted due to a breach of contract or omission of the client.

6 deliveries, complaints

6.1 Unless otherwise agreed in writing, delivery may be made with discharging effect to any adult who is part of the business or household and is present on the recipient's premises or in the contractually agreed reception areas.

6.2 If damage to the object is externally visible upon delivery, the recipient must record this in a receipt to be signed by both parties, stating the specific type of loss or damage. The recipient must notify us in writing of any damage that is not visible from the outside without delay, but no later than seven days after delivery. The burden of proof lies with the claimant.

7 Payment Agreements, Lien

7.1 Invoices are due for payment immediately. Delay in payment occurs no later than 10 days after receipt of the invoices, without the need for a reminder or other prerequisites.

7.2 The client has Oliver Schütz - Fineart - Spedition on demand for freight claims, average margins or contributions, customs duties, taxes and other charges that are made to Oliver Schütz - Fineart - Spedition, in particular as the person entitled to dispose of or as the owner of third-party property to free immediately.

7.3 Oliver Schütz – Fineart – Spedition has a right of lien and a right of retention to the goods or other values at its disposal for all due and not due claims from the services subject to this agreement. The right of lien also extends to the accompanying documents. If the client is in default, Oliver Schütz – Fineart – Spedition

after the threat of sale has been made, sell as much of the goods and assets in their possession as is reasonably necessary to satisfy them without further formalities. The informal sale can also take place if the customer does not have it determined despite having carried out investigations. For the deposit or self-help sale, Oliver Schütz – Fineart – Spedition can calculate the usual sales commission from the gross proceeds.

8 final votes

8.1 German law applies to these GTC Art and the entire legal relationship between the client, recipient or claimant. 8.2 Insofar as the customer is a registered trader within the meaning of the German Commercial Code, a legal entity under public law or
is a special fund under public law and a private person, the place of performance and the court in whose district the company is located is the place of performance of Oliver Schütz - Fineart - Spedition, exclusively for all disputes arising directly or indirectly from the contractual relationship.

8.3 This jurisdiction agreement also applies to traders and private individuals who have their registered office or registered address abroad.

8.4 Deviations from the General Terms and Conditions for Art must be in writing.

The written form requirement can only
be waived in writing.