Terms and conditions

1. Scope of application

These terms and conditions apply to all freight, forwarding and storage contracts in accordance with §§ 407 ff of the German Commercial Code (HGB) and to all international transports in accordance with the rules of the CMR.

The subject matter of the contract is the transport of motor vehicles and other rolling goods, their handling, transhipment and, if applicable, storage.


2. Acceptance and handover of the goods

The Client shall inform the Contractor in good time prior to the performance of the transport of all factors essential for the performance of the contract. The client is obliged to ensure that the statutory loading dimensions are not exceeded when forming the load. Special accessories must be labelled in clear writing and enclosed as sealed accessories.

If it is not possible to carry out the transport unhindered due to local conditions, the client shall ensure that the obstacles are removed or bear the additional costs resulting from routing.


3. Documentation

The required accompanying documents must be duly completed and handed over. If the Contractor accepts goods for carriage that show visible external damage, he may demand that the Client specifically certify the condition of the goods in the consignment note and in a separate accompanying document.

The contract of carriage is recorded in a consignment note, which must be signed by both parties. The consignment note shall contain the information specified in § 408 HGB and may also contain further provisions.


4. Loading and unloading

The client must hand over the goods to the contractor in a condition suitable for transport in accordance with § 411 HGB. The client must load the goods in a manner that is safe for transport in accordance with the relevant legal regulations and the state of the art. If the Client transfers the loading to the Contractor, the Client must provide the Contractor with the goods in a condition that enables the Contractor to load the goods. The Contractor undertakes to provide its own means of transport and to ensure safe loading. As a rule, conventional open means of transport are used for transport. The client has agreed to the use of these means of transport.


5. Insurance

The Contractor must maintain transport liability insurance. Separate damage insurance shall be taken out at the request and expense of the contractor. The Contractor shall be entitled to the following alternative:

In addition to the standard insurance in accordance with the conditions of our freight insurance, an "all-round carefree insurance" with goods groups A, B or C is offered.


6. Delivery of the goods

Delivery may be made to the consignee or any employee who is authorised to accept delivery. The goods shall be delivered against the issue of a written acknowledgement of receipt (receipt by the consignee or his employee) and after fulfilment of other obligations arising from the contract of carriage.

Upon delivery, the consignee must immediately inspect the transported goods for externally recognisable damage/faulty parts. For this purpose, the client shall grant an inspection time of 5 minutes per delivered vehicle.

Defects must be recorded before the goods are moved and before the delivery documents are signed. Reservations of a general nature are invalid. Subsequent damage reports will not be recognised. By signing the delivery note, the recipient retains the rights according to § 438 HGB.

The recipient's immediate obligation to give notice of defects includes all externally recognisable defects of the goods. In the case of defects that are not externally recognisable, the recipient has the option of subsequent notification within a preclusive period of 7 days after delivery, whereby the recipient bears the burden of proof that the defect occurred during the period of custody of the contractor.

In the case of overnight delivery, it is assumed that the recipient agrees to overnight delivery. In the case of overnight delivery, the recipient shall be granted a reasonable period of time to inspect the delivery for externally recognisable defects after the opening of business. Notification of defects may be made no later than 12.00 noon on the morning of a working day immediately following delivery. Section 438 of the German Commercial Code (HGB) shall apply to notifications received late.


7 Liability

7.1 Statutory liability

For domestic German transport, §§ 407 ff. HGB (German Commercial Code) and for international transport the "Convention on the Contract for the International Carriage of Goods by Road (CMR)" as well as the CIM for rail transport.

No liability shall be accepted for damage to goods which occurred before acceptance or which is discovered after completion of delivery.

7.2 Deviating regulation

Subject to separate, individually negotiated conditions, the following liability regulations apply to the entire scope of services in accordance with clause 1.

The following applies with regard to liability:

The contractor's carrier liability shall be based on §§ 407 et seq. HGB (GERMAN COMMERCIAL CODE). Pursuant to § 449 para. 2 sentence 1 HGB, the following is agreed:

  • Carrier's transport liability insurance up to 40 SDR/kg.
  • In the event of several injured parties, the Contractor shall be liable in proportion to their claims. The customer must take out storage insurance for storage undertaken for the customer.
  • Other financial losses are subject to the same limitations as damage to goods.

8. Settlement of claims

Upon discovery of damage, the recipient is obliged to inform the contractor immediately and comprehensively in writing - if possible by fax. The Contractor reserves the right to carry out an inspection by its own employees or to commission an expert. In addition to the necessity under liability law, prompt settlement by the Contractor requires the submission of the complete claim documents by the recourse taking body or the recipient. The following must be submitted:

  • Damage report as proof of timely claim
  • Copy of the delivery note / consignment note
  • Comprehensible repair invoice
  • External service invoices
  • Proof of passing on in the event of depreciation

In the repair invoice, spare parts used must be calculated at cost price and not at retail price. After receipt of these documents, the matter will be processed immediately by the contractor and, if all claim requirements are met, settlement will be arranged with the claimant.


9. General provisions

Default in payment shall occur without the need for a reminder or other requirements, at the latest 14 days after receipt of the invoice (due date), unless default has occurred earlier in accordance with the law.

Claims arising from the contract of carriage and the associated claims in tort and from unjust enrichment may only be offset against due, undisputed and legally established claims in terms of reason and amount.

The provisions of §§ 441, 464 HGB (German Commercial Code) shall apply with regard to the lien.


10. Place of jurisdiction

The Contractor sees itself as a service provider for the Client. Problematic cases, in particular those that are to be judged solely on the basis of the factual and legal situation, should therefore be resolved primarily through mutual dialogue between the parties involved.

Should a legal dispute nevertheless be unavoidable in individual cases, the place of jurisdiction for both parties shall be Passau.

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