General Terms and Conditions
These conditions apply to all freight, forwarding and storage contracts in accordance with §§ 407 ff of the German Commercial Code (HGB) and for all international transports in accordance with the rules of the CMR.
The subject of the contract is the transport of motor vehicles and other rollable goods, their treatment, handling and storage.
2. Takeover and handover of the goods
The client shall inform the contractor in good time before carrying out the transport of all essential factors for the execution of the contract. The client is required to ensure that the actual legal loading dimensions are not exceeded when forming the load. Special accessories must be marked in plain text and enclosed as a sealed package.
Insofar as it is not possible to carry out the transport unhindered due to local conditions, the client will ensure the removal of the obstacles or assume the additional costs resulting from routing.
The required duly completed accompanying documents must be handed over. If the contractor accepts goods for transport which shows visible damage, he may require the demand that the customer certifies the condition of the goods in the consignment note and in a separate accompanying document.
The freight contract is recorded in a consignment note which must be signed by both parties. The consignment note shall contain the information specified in § 408 of the German Commercial Code (HGB) and may also contain further regulations.
4. Loading and unloading
The client must hand over the goods to be transported to the contractor in a condition suitable for transport in accordance with § 411 of the German Commercial Code (HGB). The client must load the goods in a manner safe for transport, in accordance with the relevant legal regulations and the state of the art. If he transfers the loading to the contractor, he must make the goods available to him in the condition that enables the contractor to load them in this way. The contractor undertakes to provide his own means of transport available and to ensure safe loading. As a rule, conventional open means of transport are normally used for transport. The client has agreed the use of these means of transport.
The contractor must hold a traffic liability insurance policy. Separate damage insurance policies will be taken out at the request and for the account of the contractor. The contractor is entitled to the following alternatives:
In addition to the standard insurance in accordance with the conditions of our freight insurance, an „all‐round carefree insurance“ with the category A, B or C is offered.
6. Delivery of the goods
Delivery can be made to the consignee or to any employee authorised to receive. The goods are delivered upon the grant of a written acknowledgement of receipt (receipt by the recipient or his/her employee) and after fulfilment of other obligations under the freight contract.
Upon delivery, the recipient must immediately inspect the goods for externally recognizable damage/missing parts. For this purpose, the client shall grant a control time of 5 delivered vehicle.
Defects must be noted before moving the goods and before signing the delivery documents. Reservations of a general nature are ineffective. Subsequent claims will not be accepted. Upon signing of the delivery note, the recipient the rights according to § 438 of the German Commercial Code (HGB).
The immediate obligation of the recipient to complain includes all externally recognizable defects of the goods. In the case of externally undetectable defects, the recipienthas the possibility of subsequent notification within a preclusive period of 7 days after delivery, whereby the recipient bears the burden of proof that the defect occurred within the period of custody of the contractor.
In the case of a night delivery, it is assumed that the recipient agrees to the night delivery. In the event of night delivery, the recipient shall be entitled to a reasonable period of time to check the delivery for externally recognizable defects after the opening of the business. Notification of defects can be submitted at the latest by 12.00 noon on the morning of a working day immediately following delivery. Late notifications are subject to § 438 HGB (German Commercial Code).
7.1. Legal Liability
In the case of transport within Germany, §§ 407 ff. HGB (German Commercial Code) apply to domestic transport and the „Convention on the Contract for the International Carriage of Goods by Road (CMR)“ and the CIM for rail transport apply to cross-border transport.
No liability shall be made for damage to goods incurred prior to acceptance or deter‐mined after completion of the delivery.
7.2. Deviating regulation
Subject to separate, individually negotiated conditions, the following liability provisions apply to the entire scope of services in accordance with clause 1.
With regard to liability, the following applies:
The Contractor’s carrier liability is based on the grounds according to §§ 407 ff. HGB. In accordance with § 449 (2) sentence 1 HGB, the following is agreed:
- Traffic liability insurance carrier up to 40 SZR/kg.
- In the case of several injured parties, the contractor shall be liable in proportion to their demands. Within the scope of storage carried out for the customer, the cus‐tomer must take out storage insurance
- Other financial damages are subject to the same limitations as damages to goods.
Once damage has been established, the recipient is required to inform the contractor immediately and comprehensively in writing – if possible by fax. The contractor reserves the right to have an inspection carried out by his own employees or to commission an expert. In addition to the necessity under liability law, a speedy settlement by the contractor requires the submission of the complete claim documents by the recourse body or the recipient. Are to be submitted:
- Damage report as proof of a timely complaint
- Copy of the delivery note / consignment note
- Comprehensible repair invoice
- External service invoices
- Proof of passing on in the event of impairment.
In the repair invoice, used spare parts must be charged at cost and not with sales pric‐es. After receipt of these documents, the matter will be dealt with by the Contractor and, if all conditions for a claim are met, settlement will be arranged with the claimant.
9. General provisions
Default of payment shall occur, without the need for a reminder or other preconditions, at the latest 14 days after receipt of the invoice (due date), unless the default has occurred earlier according to the law.
The claims arising from the contract of carriage and the claims in connection therewith arising from tort and unjust enrichment may only be set off against due claims which are undisputed in terms of reason and amount and which have been determined to be legal‐ly valid.
With regard to the lien, the provisions of §§ 441, 464 HGB (German Commercial Code) shall apply.
10. Place of jurisdiction
The contractor sees himself as a service provider for the customer. Problematic cases, in particular such, which are to be judged exclusively after material and legal situation, are to be supplied therefore with priority in mutual discussion between the involved ones to a solution.
If, nevertheless, a legal dispute cannot be avoided in individual cases, Passau shall be deemed agreed upon as place of jurisdiction for both parties.