General terms and conditions of business

1. Preliminary remark

VAN.U does not use the contract designations commonly used by removal firms, such as contracts of carriage and transport contracts. VAN.U uses a form called offer/order confirmation. Every offer sent to the Customer(s) by electronic and/or postal means contains our General Terms and Conditions. The GTC are an integral part of the offer. The Customer accepts the offer by signing. A contract is valid as soon as it is signed by the Customer and as soon as VAN. U has received the order confirmation. Explicit reference is made to our GTC in the offer and in the order confirmation. An extract from our GTC is printed on the offer/order confirmation. In the continuous text of these General Terms and Conditions, the “offer/order confirmation” form is referred to as the “contract”.

2. Scope of application and agreement

a) These terms and conditions apply to all contracts between VAN.U – hereinafter referred to as VAN.U- and the Customer – hereinafter referred to as the Customer- for the carriage and relocation of removal goods.

b) The law of the Federal Republic of Germany shall apply to all contracts of carriage under these terms and conditions.

c) The General Terms and Conditions are an integral part of the contract.

d) As far as legally permissible, the place of performance and jurisdiction is agreed to be the registered office of VAN.U .

3) General

a) VAN.U does not carry out electrical and/or plumbing services. Nor does VAN.U undertake any conversion work on furniture. Exceptions can be agreed separately in the contract.

b) Information obligations of the Customer and vehicle provision. The Customer, i.e. the consignor must inform VAN.U in good time before the transport is carried out of all significant factors affecting the performance of the contract. These include the type and nature, the weight (photos if necessary), the quantity of the removal goods and the deadlines to be met.

c) VAN.U offers transports exclusively on roads passable for vehicles. For unpaved roads and paths it is agreed that the removal goods will be carried as far as the route is reasonable. Any resulting delay will be compensated in accordance with point 4. d).

d) The Customer has to ensure that VAN.U and its employees have free access as well as a solid surface on the access routes to the warehouse/house/apartment of the loading and unloading points. In the event of deviations that cause a delay or even an interruption, the procedure is to be analogous to point 4. d).

e) The Customer(s) must ensure that sufficient light sources are available at the loading and unloading points on the access routes and inside the buildings during the move. In the event of deviations that cause a delay or even an interruption, the procedure shall be analogous to point 4. d).

4). VAN.U offers

a) A VAN.U package offer includes the service of a fixed number of employees and working hours. In order for agreed fixed prices to be valid, a correct and signed list of removal items must be available on the day of removal. In order for agreed fixed prices to be valid, a correct and signed list of removal items must be available on the day of removal. If, despite an agreed fixed price, the Customer does not submit a correct and signed list of removal goods on the day of the removal, VAN.U is entitled to charge additional costs on an hourly basis if the quantity of removal goods is greater than initially agreed and/or inspected.

b) VAN.U offers apply to one relocation drive starting from one collection address to one relocation address with one tour each. VAN.U is entitled to charge an additional standard fee per kilometre for each additional address/drive.

c) The Customer is obliged to check the written offer of VAN.U with regard to all agreements of both parties that are the subject of the concluded contract and to immediately inform VAN.U in writing of any deviations from the desired scope of services. Subsequent services on the day of order execution, the execution of which has not been confirmed in writing by VAN.U, will be invoiced additionally.

d) Delays in the execution of the order caused by the Customer are to be remunerated separately. This also applies to delays over which VAN.U has no influence.

e) VAN.U charges additional fees for extensions of the scope of services made by the Customer after conclusion of the contract.

f) VAN. .U. chooses the transport route and the means of transport used upon the relocation drive, unless there are binding written agreements with the Customer regarding the transport route and the means of transport. For the execution of its orders, VAN.U. uses vehicles and haulage contractors of an external company. The external company is liable for the proper handling and execution.

g) Verification: When collecting the removal goods, the Customer is obliged to verify that no item or equipment has been erroneously relocated or left behind.

behind.In addition, the Customer is obliged to check that all items have been unloaded and are undamaged. Any complaint by the Customer must be noted by him/her on the delivery note (CMR) immediately after unloading. The delivery note has to be signed by the Customer and if possible, additional photos be included. Those documents must be sent to VAN.U. These documents are indispensable for reporting a claim.

h) Additional loads: All transport routes must be available to the forwarder without restriction and the goods to be transported must be manageable by two men. From the 3rd floor upwards, a lift suitable for transporting the goods must be provided.

i) In case the Customer sets up a no-stopping zone for the removal process which futher on leads to an administrative fine procedure or a police fine notice being pronounced against VAN. U., the Customer is obliged to pay the fine.

5) Conclusion of contract

a) VAN.U submits a package offer with fixed price guarantee based on the information provided by the Customer based on the quantitiy of removal goods in m3, without prior inspection. The package offer includes the performance of a number of employees, working hours and a flat rate per kilometre calculated by VAN.U .

b) If VAN.U completes an order that is charged as package offer faster than within the calculated number of hours, the Customer cannot make any claim for reimbursement.

c) Only written agreements are binding. Should misunderstandings arise because the Customer has given verbal instructions, directives and notices to VAN. U employees, carriers commissioned by VAN. U or other persons who are not authorised to receive the removal goods, VAN. U. cannot be held liable for the damage caused.

d) If the Customer confirms in writing the purchase of a VAN. U package offer with fixed price guarantee and it turns out on the day of the removal that the agreed loading/unloading point does not meet the necessary requirements for loading/unloading, the Customer is obliged to accept that VAN. U will, if necessary, stop or park in a no-stopping zone/no-parking zone (subject to a charges). These additional costs will be charged to the Customer. If the Customer previously confirmed that the loading and/or unloading point for a lorry or truck can be reached without problems up to a distance of 20 metres without it having to be parked in a no-stopping zone/no-parking zone for which a fee will be charged, although this is not the case on the day the removal order is executed, the Customer will be charged additionally (additional work/time required for loading/unloading). The same applies to lifts: if the Customer previously confirmed in writing that a lift exists, but this lift cannot be used on the day when the removal order is executed, does not exist or if less than 50% of the removal goods can be transported with this lift, the Customer will be charged additionally (additional work/time required for loading/unloading).

e) If the removal goods include dangerous goods (e.g. petrol or oils), the Customer is obliged to inform VAN. U in good time of the potential danger posed by these goods (e.g. fire hazard, corrosive liquid, explosive substances etc.).

f) Only written agreements and declarations of any kind are binding. Verbal declarations and notifications are not valid or binding. The order confirmation by email sent by the Customer is legally binding. Orders made by the Customer require a confirmation by VAN.U in order to be valid.

6) Payment

a) The total amount of the order must be paid by the Customer to VAN.U 24 hours after the confirmation of the order. The strict observance of this rule is necessary in order to be able to carry out the reservation of the removal vehicle. We ask you to transfer the sum to the bank account of VAN.U.

b) If the Costumer does not fulfil his payment obligation within the above mentioned time frame, VAN.U is entitled not to carry out the removal.

c) Tips cannot be offset against the invoice of the removal company, that is deducted from the invoice.

d) VAN.U will charge the Customer additional costs (€ 12.50 / hour / € 300 per day) if the transport time is delayed for the following reasons: – because the Customer does not fulfill his obligations, e.g. if the transport time is delayed because the Customer does not send/hand over all documents required for the transport of the removal goods to VAN.U in time – because the ferry service is delayed – if other delays are due to the absence of persons connected with the Customer privately or professionally, who are absent on the day of the removal (during loading/unloading)

7) Cancellation/ Postponement

If a Customer cancels a binding order concluded with VAN. U, the following applies :

a) Orders cancelled up to 5 days before execution : the Customer must pay 10% of the order amount to VAN. U.

b) Orders cancelled 5 days or less before execution: the Customer must pay 50% of the order amount to VAN. U. Orders cancelled less than 48 hours before execution: the Customer must pay 100% of the order amount to VAN. U.

c) If 10 days before the execution of the order the Customer wishes to postpone the date of the removal, VAN. U charge additional 10% of the total, which will be added to the initial contract costs. If 5 days before the execution of the order the Customer wishes to postpone the date of the removal, at least 20 % of the total will be added to the initial contract costs. If 3 working days before the execution of the order the Customer wishes to postpone the date of the removal, at least 30 % of the total will be added to the initial contract costs. 30 %. Should the removal date be postponed by more than 4 weeks, with reference to the initially agreed removal date (fixed date), at least 25% of the total will be added to the initial contract costs. All information on postponements of any kind must be provided to VAN. U in writing.

d) In the event of longer waiting times (e.g. at customs due to missing documents on the part of the Principal or due to delays in transportation, absence of persons on site during loading and unloading, etc.), VAN.U shall charge the Principal €12.50/hour (€300 per day).

8) Grounds for liability and exclusion of liability

a) VAN.U ‘s liability for loss or damage is limited to 620 € per cubic metre in accordance with § 451 of the German Commercial Code. The Customer has the option of agreeing with VAN. U. additional insurance cover which exceeds 620 € per cubic metre. The client may agree to further liability. In this case, VAN.U. will take out a separate insurance policy for the Customer‘s removal. The costs for this additional insurance cover shall be borne by the Customer.

b) The Customer is obliged to properly secure movable or electronic elements that are part of highly sensitive electronic devices and to check their transport security. VAN.U does not control transport security. VAN. U does not check whether movable or electronic parts of sensitive devices are properly secured for transport. The Customer is expressly obliged to ensure that the removal goods are properly secured for transport. VAN.U is not liable for damage to the removal goods resulting from improper transport securing.

c) The Customer is obliged to pack the removal goods. The Customer may also have the removal goods packed by an external, professional packing service. All important information necessary to enable VAN.U to perform its service correctly has to be communicated prior to the removal. This information includes: the type and nature of the removal goods, the weight and quantity of the removal goods. If the Customer is unable to provide precise information on the weight and volume of the removal goods, photos of the items must be sent to VAN. U before the order is executed. VAN.U has to be informed in good time prior to the execution of the removal of all factors that are necessary for the proper execution of the contract.

d) If there are sensitive floor coverings or fragile furnishings at the loading and/or unloading point, the Customer must protect these accordingly against any risk of soiling or damage or remove them.

e) VAN.U is not liable for damage caused to discount furniture and/or self- assembled furniture during assembly or disassembly and/or during transport (despite sufficient transport securing). Such furniture is not constructed robustly enough for repeated assembly. Damage due to wear and tear or age of the item shall be accepted by the Customer. The Customer is aware that signs of wear and tear may occur during transport. Despite sufficient protection by packaging material (blankets etc.), scratches or similar may occasionally occur. VAN.U is entitled to repair such “minor damage” if possible. When assembling wooden furniture, please note that wood is a natural material and can adapt and thus deform due to moisture and/or the nature of the installation location.

f) VAN.U is not liable for loss or damage resulting from the following risks: – carriage of precious metals, jewels, precious stones, money, stamps, coins, securities or documents -insufficient packaging or labelling by the Customer-handling, loading or unloading of removal goods in the presence of the Customer-loading or unloading of goods whose size and weight do not correspond to the space conditions at the loading point or unloading site, provided that VAN. U has informed the Customerin advance of the risk of damage and the Customer has insisted on the performance of the service -transport of plants -natural or defective condition of the removal goods that makes them particularly susceptible to damage, in particular through breakage, malfunctions, rust, internal spoilage or leakage.

g) VAN.U is not liable for loss or damage due to circumstances that VAN.U could not avoid despite the greatest care and whose consequences could not be averted. In general, VAN.U is not liable for exceeding agreed deadlines within which an order must be completed according to the Customer.

h) VAN. U shall be liable to the Customer exclusively if VAN. U is directly at fault and responsible for the non-execution of an order. VAN.U is entitled to terminate or cancel a removal order on the day of its execution if the contractually agreed quantity of the removal goods deviates so far from the quantity previously agreed in writing that the transport cannot be carried out due to too small vehicles and/or too few personnel. In this case, however, the Customer is not released from any obligation to pay the contractually agreed remuneration in full.

i) Verification: When collecting the removal goods, the Customer is obliged to verify that no item or equipment has been taken away or left standing by mistake.

Furthermore, the Customer is obliged to check that all items have been unloaded and do not contain any damage. If the client has a complaint to make, he must note this immediately after unloading on the delivery bill (CMR), sign it and send it to VAN.U together with photos. Send photos to VAN.U. A claim can only be made if the above-mentioned aspects are complied with.

9) Notice of damage

Claims for compensation due to loss of or damage to the removal goods shall lapse in the following cases:

– if the damage was externally apparent and the carrier was not notified of this damage no later than one day after delivery of the goods (at the moment of signature: note on delivery note/CMR)

– if the damage was not externally apparent and the carrier was not notified of this damage within 14 days after delivery of the goods, § 451 f German Commercial Code.

General claims of damage are in no case sufficient to make a notice of damage valid. If a claim of damage has occurred which the Customer has notified within the above mentioned time frame, VAN.U reserves the right, if possible, to repair the damage. VAN.U. also reserves the right to obtain estimates for repair work from outside companies or to use an outside company to repair the damage. Invoices for spare parts and already repaired furniture or objects which are damaged or lost during the removal and which the Customer has submitted without prior consultation with VAN.U are not subject to compensation on the part of VAN.U and will not be taken into account. Timely dispatch is sufficient to meet the deadlines.

10) Obligations of the Customer

a) The Customer must be present at the loading and unloading point in order to be able to sign all documents requiredfor the removal order. If the Customer is not present and comissions third parties to receive, dispatch or inspect the removal goods for damage, all actions of these third parties representing the Customer are legally binding for VAN. U. If the Customer authorises third parties to sign on his behalf, these signatures are legally binding for VAN.U. Acts and signatures of the representative third parties cannot be subsequently contested or challenged by the Customer. Each authorised representative must therefore be informed by the Customer of all order details, contractual matters and other agreements with VAN.U.

b) The Customer is obliged to participate in the loading and unloading process, unless other conditions have been agreed with VAN. U in advance in writing. Acts or omissions of third parties acting on behalf of those persons sending or receiving the removal goods are to be attributed to these persons. Es wird ausdrücklich darauf hingewiesen, dass das Fahrpersonal von VAN.U ausschließlich eine Hilfestellung bei Be- oder Entladevorgängen leistet, jedoch diese Vorgänge nicht in alleiniger Verantwortung tätigt (es sei denn dies wurde zuvor mit dem Auftraggeber ausdrücklich in Textform vereinbart). It is expressly pointed out that VAN.U’s driving personnel only provide assistance with loading or unloading operations, but do not carry out these operations under their sole responsibility (unless this has been expressly agreed in writing with the principal in advance).

c) Only valid for offers with fixed price guarantee: If the loading and/or unloading site is not appropriate for the loading/unloading process, the Customer must agree to the removal lorry or truck stopping in a no-parking zone for which a fee is charged. The charges (fee) will be borne by the Customer.If the Customerhas previously confirmed that the loading and/or unloading point for a lorry or truck can be reached without problems up to a distance of 20 metres without it having to be parked in a no-stopping zone/no- parking zone for which a feewill be charged, although this is not the case on the day the removal order is executed, the Customer will be charged additionally (additional work/time required for loading/unloading). The same applies to lifts: if the Customer previously confirmed in writing that a lift exists, but this lift cannot be used on the day when the removal order is executed, does not exist or if less than 50% of the removal goods can be transported with this lift, the Customer will be charged additionally (additional work/time required for loading/unloading).

d) The Customer is responsible for supervision during loading and unloading. Furthermore, he/she is obliged to check the removal goods for completeness both after loading and after unloading. Any complaint by the Customer must be noted by him/her on the delivery note (CMR) immediately after unloading. The delivery note has to be signed by the Customer and if possible, additional photos be included. Those documents must be sent to VAN.U. These documents are indispensable for reporting a claim. A claim can only be made if the above- mentioned aspects are complied with.

e) The Customer is obliged to properly secure movable or electronic elements that are part of highly sensitive electronic devices and to check their transport security, e.g. washing machines, record players, television, radio and hi-fi equipment, computer systems. VAN.U. does not control transport security. VAN. U. does not check whether movable or electronic parts of sensitive devices are properly secured for transport. Television sets of all types are only covered by the transport insurance if they are packed in the original packaging. The Customer is expressly obliged to ensure that the removal goods are properly secured for transport. VAN.U is not liable for damage to the removal goods resulting from improper transport securing.

f) If the transport of additional loads is commissioned, VAN.U must have unrestricted access to the removal goods. The removal goods must be free- standing and correspond to the description communicated in writing between both parties at the time the removal order was concluded.

h) If gross deviations or time delays occur due to incorrect information provided by the Customer (regarding lifts, longer driving and running distances or transport volume), VAN.U will be entitled to additional subsequent invoicing. (Additional costs: floor ascent: 35.00 €; additional loading volume: 50 €/m3; additional costs for each half hour of overtime or part thereof, as contractually agreed).

11). Miscellaneous

a) Passengers are always transported in the towing vehicle at no extra charge. The Customer is liable for passengers being transported in the towing vehicle. The driver and the managing director must agree to the transportation of passengers.

b) Only written agreements and declarations of any kind are binding. Verbal declarations and notifications are not valid. The order confirmation by email by the Customer is legally binding. Orders made by the Customer requirea confirmation by VAN.U. in order to be valid.

12) Severability clause

If individual parts of the contract are invalid, every other part of the contract remains effective. If a part of the contract is ineffective, both parties to the contract are obliged to reach an agreement that come as close as possible to the intended economic result.

As of January 1, 2018