§1 General terms and standing time regulations
Transport orders placed by us shall be governed solely by the following terms and conditions. We do not recognize contrary terms and conditions, in particular ADSp and VBGL. Any amendment to this contract requires our written agreement. The freight charge covers the transportation of the goods, the loading and fastening of the goods in the cargo area, in swap bodies and/or containers, the unloading, unit check, pallet handling and any standing times – including the loading/unloading time – (up to 4 hours for loading in Germany and abroad, up to 4 hours for unloading in Germany and up to 6 hours for unloading abroad, including customs clearance during entry and exit). Demurrage claims are only accepted if the waiting times are confirmed in the freight documents by the loading location and/or the recipient with a stamp, signature and the name in block letters, and if a copy of the speedometer dials/the printouts of the digital tachograph are submitted.
§2 Dead freight
If the order placed by us is canceled before the goods are loaded, § 415 section 2 HGB shall not apply. Claims are limited to 5% of the agreed freight; the contractor shall have the right to prove that he has incurred greater expenses..
§3 Insurance and liability
In accordance with § 449 HGB, § 431 HGB is amended to the effect that the parties agree on a liability of up to 40 special drawing rights (SDR) per kilogram gross weight of the shipment for domestic transports. Cross-border transports are subject to the terms of the CMR. The contractor undertakes to accept only transports for which he is sufficiently insured in accordance with the preceding provision, with a minimum coverage of €150,000 per liability case in Germany and abroad; the insurance must also cover qualified faults according to § 435 HGB and Art. 29 CMR. Confirmation of insurance according to § 7 a GüKG, whose date of issue must not be older than six months, must be carried in the vehicle at all times and sent to us in copy prior to loading, unless it is already available to us.
§4 Permits and obligation to carry authorization
The contractor further undertakes to accept only transports for which he has the required authorizations, such as a national permit, community license or an ECMT or bilateral permit, and to use only properly employed drivers. Drivers who are not legal residents of the European Economic Area (EEA) must carry a driver attestation with them at all times and present it to the authorized inspecting officers and to us on request. For cabotage transports within the EU, it is important to note that after every entry into a host country, e.g. Germany, with a loaded vehicle, no more than three domestic transports may be performed within seven days after the last unloading. If an unloaded vehicle enters the country, a domestic transport in the host country may be performed within three days after entry, if the preceding transport was across national borders. The accompanying document required according to Art. 8 Section 3 of Council Regulation (EC) 1072/09 must be filled out, carried in the vehicle at all times, and presented to the inspecting officers and to us on request.
§5 Reloading and loading of additional cargo; order transfer to a third party
Reloading of the cargo or loading of additional cargo, and the use of subcontractors to fulfill orders require our prior written consent.
§6 Securing the cargo; requirements for vehicles
The transport vehicles must be in sound operating condition, with a dry and clean cargo area, and must have adequate equipment to secure the cargo against shifting and toppling over. The contractor is responsible for loading and unloading, and for storing the cargo in the cargo area, swap body or container in a manner that is safe for operation and transport. Vehicles that are only equipped with a digital tachograph according to Appendix I B of Council Regulation (EEC) 3821/85 may only be used if the installed tachograph has been properly activated and calibrated, and if the company card and the driver card are on hand.
§7 Exchange of load devices
Unless otherwise agreed, unit load devices must be exchanged at the loading point and the unloading point. If the unit load devices are not exchanged, and are handed over at the loading point, the contractor must have this fact documented in the freight documents. If unit load devices are to be returned, in particular if they were not exchanged at the loading point or if the contractor did not accept exchangeable unit load devices at the unloading point for reasons that he must justify, the unit load devices must be returned within 14 days after delivery of the goods to the loading point. After this period, we will charge €10 for Euro pallets and €80 for lattice boxes, plus VAT. If the owed load devices are delivered to the loading point or to an address named by us within 30 days after the invoice date, we will cancel the invoice. The contractor can only be released from the obligation to exchange load devices by written notice on our transport order.
§8 Disruptions of transport
In case of delays at the loading or unloading point, if units cannot be checked, if unit load devices are not exchanged, if no confirmation of delivery or of a failure to exchange unit load devices is issued or if the unit load devices offered in exchange are defective, in case of obvious packaging or loading defects, if goods are visibly missing or obviously defective, if dangerous goods are not labeled adequately, or in case of other obstacles impeding transport and delivery, we must be notified at once and appropriate entries must be made in the freight documents.
§9 Failure to provide vehicles
If a vehicle is not provided, we will grant a grace period, after which we will charge the cost of a replacement vehicle, at least €150.
§10 Dangerous goods
When dangerous goods are accepted, the provisions of the latest version of the GGVS and the ADR must be observed. The driver must ensure that the transport documents are complete, in particular the “written instructions”, which must be in a language understood by the driver.
§11 Invoicing and terms of payment; consignment of delivery receipts
Unless otherwise agreed in writing, the contractor undertakes to send us his freight invoice, including the delivery documents (waybill, delivery note, pallet note) with the original signatures for receipt, within two weeks after delivery of the goods (arrival on our premises). If this deadline is not met, we are entitled to charge a service fee of 15% of the invoiced amount, but no more than €15 per invoice. Payment is made by us in accordance with the separate agreement on our transport order. If the contractor cedes his freight claim to a third party, especially to a factoring company, we are entitled – even if we know of the cession – to set off this freight claim against our claims resulting from the transport in question, or to exercise our right of retention.
§12 Customs clearance
All customs documents must be processed properly at the appropriate customs office. For TIR carnet transports, copies of the TIR carnet must be faxed to us immediately upon the closing of the carnet; the same applies to T-documents..
§13 Customer protection
The parties agree on customer protection. The contractor undertakes not to accept freight or shipping orders, either directly or indirectly, from our direct customers in the areas in which he was not already immediately employed by them prior to his cooperation with us, and not to pass such orders on to third parties. This provision shall remain valid during said cooperation and for a period of two years following the cooperation, and shall apply to domestic regional traffic (150 km from the loading point), domestic long-distance traffic, and cross-border shipments between the countries D, F, NL, B, A and CH, as well as to cabotage transports in these countries. A contractual penalty of €1,500 shall be paid for each instance of noncompliance. We reserve the right to assert further damage which will be offset against the contractual penalty.
§14 Prohibiting assignment of receivables
The assignment of claims to any third parties without our consent is prohibited.
§15 Legal venue and contrary terms
The venue and place of performance for all services resulting from this agreement is Speyer, unless there are compulsory statutory regulations to the contrary. This contract shall be governed solely by German law.
ADSp: Standard terms and conditions of German freight forwarders
VBGL: Terms of contract for road haulers and logistics companies
HGB: German Commercial Code
CMR: Convention on the Contract for the International Carriage of Goods by Road
GüKG: German Road Haulage Act
European Conference of Ministers of Transport
GGVS: Regulation on the carriage of dangerous goods by road
ADR: European Agreement concerning the International Carriage of Dangerous Goods by Road