PanTerra Logistics GmbH AG

Transkript

1 PanTerra Logistics GmbH AG GTC for General Transport Services These General Terms and Conditions are valid for all the contracts of PanTerra Logistics GmbH ('PanTerra') with their commercial customers, unless individual contractual terms to the contrary have been established in writing. 1. Order 1.1. An order is only agreed as being effective on the basis of a written or fax confirmation by PanTerra as per the Terms and Conditions given in the Order Confirmation Exceptions to this are only valid in the case of a confirmation to this effect by fax or from PanTerra Additional costs, caused by requests for an exception by the Customer after receipt of the Order Confirmation, will be borne by the Customer at the usual market rates, unless a written agreement with regard to the exception has been made with PanTerra for special reimbursement. 2. Information 2.1. The Customer must inform PanTerra in full about the goods and their characteristics, in particular as regards their packaging, their susceptibility and similar considerations Where it is applicable, the Customer must inform PanTerra in writing by fax or by e- mail about hazardous goods or customs requirements, even in those cases where PanTerra has assumed responsibility for the customs clearance PanTerra is reliant on the information from the Customer and does not undertake any of its own checks on the goods given into its custody. 3. Cooperation 3.1. The Customer will work closely with PanTerra in the handling of the order, he will in particular respond to queries as quickly as possible and, where appropriate, issue instructions on request The Customer will give PanTerra the name of their person responsible for all contact. Page 1 of 7

2 4. Delivery Times 4.1. Delivery dates given in the Order Confirmation are generally non-binding and are not to be considered fixed delivery dates, unless this is expressly and separately indicated in the Order Confirmation. Discrepancies in delivery date from the stated date of up to two days for road transports within the EU or up to 5 days for road transports outside the EU are to be considered in this regard as usual. In the case of sea transport, all delivery dates are estimated dates only Should the handover of the goods at the Customer be postponed for reasons of occurrences or instructions on the part of the Customer, all delivery dates given up to that point are postponed accordingly or becoming non-binding, unless they are reconfirmed by PanTerra in a new Order Confirmation as being binding. 5. Organization 5.1. PanTerra is unrestricted in its organization of the transport, in its choice of subcontractors and in its choice of the means of transport, unless arrangements to the contrary have been expressly agreed in the Order Confirmation PanTerra assumes the responsibility and liability for an orderly and proper selection. 6. Content of the Order 6.1. The order encompasses the organization of the transport service As part of the transport is also included the necessary transhipment of the goods PanTerra only undertakes the uploading and offloading in cases where there is a corresponding agreement, the same applies where the issuing of documents, including customs documents, is necessary The manufacturing of packaging for the goods, in so far as it is agreed, is not a component of the transport and is to be considered as a stand-alone service, which Panterra carries out, independently of the transport, on behalf of the Customer and invoices accordingly. 7. Transport Documents 7.1. Unless separately agreed, no written consignment notes or similar documents will be produced. Page 2 of 7

3 7.2. Electronically produced dockets are satisfactory for the transfer of goods at interfaces and for the receipt of delivery The Customer is obliged to have confirmed to him the handing-over of the goods into the custody of the respective freight driver. 8. Securing of the Load 8.1. The party, which in accordance with the order, is responsible for the uploading of the goods is also responsible for securing the load. 9. Loading Equipment 9.1. It is assumed that loading equipment made available by the Customer is provide free of charge. Unless specifically agreed, PanTerra is not obliged to undertake the return of loading equipment Where special identification markings of the goods are required, this task will be undertaken by the Customer unless there is specific agreement to the contrary. In such cases PanTerra will carry out the identification markings of the goods on the basis of the Customer's instructions. 10. Payment The agreed payment is established in the Order Confirmation. In addition to this, PanTerra can invoice to the Customer those surcharges, which arise from additional services requested at a later date by the Customer and from any variations or discrepancies in the agreed services. The amounts invoiced are always net and are payable with the additional inclusion of the legally stipulated Value Added Tax PanTerra issues the invoice on delivery, invoice amounts are due immediately The invoicing is in principle conducted in Euros, unless there is agreement to the contrary In those cases where the weight of the goods is the critical factor for the payment, in particular with airfreight, the Customer must give accurate and proper weight details. If these are not available, PanTerra can estimate the weight and issue the invoice in accordance with this estimated weight. This weight estimate is binding on the Customer, unless the airfreight carrier measures a higher weight and invoices this accordingly. In this case, PanTerra can also invoice to the Customer the actual higher airfreight tariff. Page 3 of 7

4 11. Insurance PanTerra only insures the transport in those cases where this is specifically mentioned in the Order Confirmation, and in such cases, to the insured value given in the Order Confirmation. The premium is generally shown in the invoice as a separate item. 12. Liability The liability of the ADSp (Standard German Freight Forwarders Terms & Conditions) applies, with the limitations of section 23: "The liability of PanTerra in the case of loss or damage of the goods ('Damage to goods') is, with the exception of those cases related to the warehousing of goods at Customer's availability, limited in its amount to: 5.00 for each kilo of the gross weight of the consignment; In the case of damages which have occurred to the goods during transportation with a means of conveyance, there is an alteration in force from the above figure to that maximum liability amount legally set for the relevant means of conveyance. In each case of damage, the liability is limited to an amount of maximum 1,000, or two Special Drawing Rights per kilo of the gross weight of the consignment, depending on which of the two amounts is higher. The liability of PanTerra for other damage to goods, with the exception of damages to persons and material damages to third party goods or property, is limited in its amount to three times the sum which would have to be paid in the case of loss of the goods, to a maximum amount of 100, for each case of damage. The provisions of paragraph 3, 433 of the German Commercial Code (HGB) remain unaffected. The liability of PanTerra is in any case limited, irrespective of how many claims are issued for a single case of damage, to 2,000, for each ccurrence of damage, or two Special Drawing Rights for each kilo of the gross weight of the lost or damaged goods, depending on which of the two amounts is higher. The liability of PanTerra for loss or damage of the goods ('Damage to goods'), in the case of goods warehoused at Customer's availability, is limited to 5.00 per kilo of the gross weight of the consignment or maximum 5, for each case of damage. Page 4 of 7

5 12.2. With multi-modal transports, in which at least two different means of conveyance are used, and where these means of conveyance are subject to different legal provisions, the regulations in 452.ff of the German Commercial Code (HGB) are valid with regard to the liability limitations contained therein. 13. Exemption PanTerra has a claim for exemption towards the Customer if third parties issue claims against PanTerra, as long as the basis of the claim with regard to the goods in the custody of PanTerra, or their subcontractors, has no relation to the transport, but rather to the nature of the goods themselves, e.g. product piracy. 14. Packaging of Goods Unless it is contractually agreed that PanTerra will also pack the goods, this is to be considered as a special service for the Customer. In this regard, PanTerra only has liability for gross negligence and malicious intent, or liability in the event of infringement of essential contractual obligations, and then only for the foreseeable damage. Claims for loss of profit are excluded. 15. Applicable Law, Place of Jurisdiction This contract is subject to German Law, the place of jurisdiction is the registered seat of PanTerra Logistics GmbH. Supplementary to this, the Standard German Freight Forwarders Terms & Conditions (ADSp), in their respective current version, apply to this contract. 16. Removal Services In those cases where removal or relocation services are the object of the Agreement, the regulations in this regard are contained in Appendix 1 to these Terms and Conditions. Page 5 of 7

6 17. Standing Time Charges In principle, standing time charges become due if waiting times are occasioned by The Customer or by his consignee. In such cases, PanTerra is entitled to invoice up to standing time charge per truck for each hour which has begun. The per hour will be invoiced pro rata for every quarter of an hour which has begun. In the case of transport orders for exhibitions there will generally be no standing time charges invoiced. 18. Part Loads In principle, PanTerra delivers only complete loads. Should the Customer or his supplier assemble incomplete part loads, then PanTerra will hold these part loads back until the load is completed, in which case the consignment will then be delivered in full. Any other instructions on the part of the Customer must be put in writing and confirmed by PanTerra. 19. Hindrances to Delivery of the goods Should the consignee refuse to accept the goods or should some other form of obstacle to the delivery arise, and if this has not been caused by PanTerra, then Panterra will take the goods into storage for up to five working days. PanTerra will inform the Customer immediately. Should the Customer not give PanTerra instructions within five working days with regard to the continued presence of the goods, then PanTerra will transport the goods back to the Customer. The costs for storage and freight will in this case be borne by the Customer. 20. Notification of Damage Visible defects or damage must be noted in writing by the Customer, or the consignee respectively, at the time of the receipt of the goods, and this is to be countersigned by the driver. In the case of transport damage, which is not capable of being recognized immediately on receipt of the goods, the Customer must ensure that PanTerra receives a corresponding Notification of Damage within 5 working days of delivery. The Notification of Damage must give a comprehensive description of the damage and specify this in relationship to the details given in the delivery docket/consignment note. Page 6 of 7

7 21. General Items Any provisions, which vary from these Terms & Conditions, require agreement in writing. Any separate agreements made by the Customer, which vary from these Terms & Conditions, are not applicable. These are expressly forbidden by this contractual agreement. Should individual provisions of this contract be, or become, unworkable or should this contract contain a lacuna or loophole, then the remaining provisions still remain in force and retain their effectiveness. The parties should, in so far as is possible, replace the unworkable or missing provision with one which comes closest to the originally intended purpose of the contract. Page 7 of 7