Terms of engagement
(Terms of engagement) Inntaltrans Eberhart GmbH Oberndorf 20, A 6341 Ebbs unlimited validity and ongoing
I. Scope
(1) The client's orders are made exclusively on the basis of these terms and conditions. These therefore also apply to all future business relationships. even if they are not expressly agreed again. Counter-confirmations by the contractor with reference to its terms and conditions are hereby rejected.
(2) Deviations from these terms and conditions are only effective if the client confirms them in writing. All other agreements must also be made in writing.
(3) These terms and conditions remain binding even if individual parts should not be effective for any reason.
(4) The provisions of the Convention on Contracts for the International Carriage of Goods (CMR) and the AÖSp apply as a subsidiary to the following provisions. There is increased interest in accordance with CMR Art. 26 Point 1.
II. PRICE OFFERS
(1) The prices stated in the client's offer are fixed prices, with the proviso that the order data on which the offer is based remain essentially unchanged. Surcharges are not recognized.
(2) Should the place of loading and unloading change, the contractor is obliged to carry out the changed transport order; the freight price will be appropriately adjusted accordingly.
(3) Verifiable cancellations by the customer release the customer from paying downtime costs or other compensation. There are agreed to be 24 hours free of demurrage at the loading and unloading point.
III. TERMS OF PAYMENT
(1) Payment (net price plus VAT) must be made within 45 calendar days of receipt of the invoice at the end of the month without deduction.
(2) Alternatively, the client can, at his own discretion, make payment within 14 days of receipt of the invoice, deducting a discount of 3% of the total invoice amount.
(3) Bills of exchange and checks are accepted by the contractor on account of payment, refinancing costs and expenses are borne by the contractor. In the case of bills of exchange, checks or transfers, the day on which the payment method was debited is decisive.
(4) The contractor cannot offset any claims.
IV. INSURANCE
(1) It is assumed that CMR insurance with a maximum liability limit of at least € 300,000 including Art. 29 is covered by the contractor at his expense. The contractor is liable for damage resulting from a lack of insurance coverage. The client must be informed immediately of any changes.
(2) At the request of the client, the contractor must provide evidence of the insurance portfolio immediately, at the latest within three days, otherwise the client is entitled to deduct 4% from the invoice regardless of the occurrence of damage. The assertion of further damage remains unaffected.
V. INVOICE
The freight invoice will only be recognized if it is accompanied by the originally acknowledged CMR / KVO consignment note; in the case of third-country transport, a copy of the customs documents or proof of proper presentation must be enclosed. Evidence of cash expenses must be provided by means of a copy of the receipt.
VI. LOADING EQUIPMENT
(1) Euro pallets are generally to be exchanged until further notice. In the event of non-exchange, the client must be informed immediately in order to be able to react. Objections made at a later date cannot be recognized.
(2) If loading equipment is to be dispatched, the original loading receipt must also be enclosed with the freight invoice. Pallet slips brought in at a later date cannot be accepted after 2 months have elapsed.
(3) For each pallet that is not demonstrably exchanged or brought within 14 days, EUR 15.00 will be charged or deducted from the freight invoice (offsetting).
VII. TIME DELAYS
(1) All dates are fixed dates; in the event of delays or other deviations from what has been agreed, the client must be informed immediately.
VIII. FURTHER AGREEMENTS
(1) The goods may only be unloaded at the recipient address or delivery address specified on the consignment note. Changes may only be made with the express approval of the client. If the information in the consignment note deviates from our order, this must be agreed with the client prior to execution. All accompanying documents may only be handed over to third parties in accordance with the client's specifications and only against confirmation.
(2) Acceptance of the number of items has been agreed. There is a ban on loading and unloading. The contractor is independently liable for overloading of any kind and holds the client harmless in this regard.
(3) The order may not be passed on to third parties without the knowledge and consent of the client. Otherwise, a contractual penalty of EUR 30.000 (thirty thousand).
(4) It is firmly agreed that the employees, in particular the drivers of the contractor or his agents, comply with all relevant permits, for example under the Aliens Employment Act or the Aliens Act and other relevant legal provisions and regulations and also provide relevant information to third parties Where this is necessary If this is not the case, the client must be informed immediately and the order is deemed not to have been placed. The contractor is directly liable for damage resulting from the violation of this clause, in particular to third parties, or indemnifies and indemnifies the client.
(5) The contractor for the transport of dangerous goods is responsible for ensuring that his staff is appropriately trained and that the vehicles are in a proper condition in accordance with the statutory provisions.
(6) Strict customer protection in favor of the client and neutrality are agreed. For breaches of customer protection by the contractor, a damage-independent penalty of EUR 10.000 (ten thousand) per breach applies as agreed, which can be deducted from open freight invoices. The unauthorized contacting of the loading or unloading point also represents a violation of customer protection. The client reserves the right to claim further damage.
(7) If no separate agreement is made about the type of truck on which the order is based, orders are based on implementation with so-called “tautliner 13.6 m”
(8) Only drivers who are authorized to carry out the transports in accordance with the statutory provisions of the countries concerned, in particular the provisions on the employment of foreigners, may be used to carry out the transports. The following applies to transports from, to, through and within Germany: If the driver is not a citizen of an EU / EEA country, he or she must have an original work permit along with a certified translation into the German language or an official certificate with a certified translation. that a permit is not required for the driver.
(9) The contractor undertakes to check customs documents for accuracy and completeness. The provision of goods at the EU external borders or the responsible internal customs office must be confirmed in writing by the contractor, who is fully liable for the proper presentation and clearance.
(10) It is expressly agreed that the client can offset all claims of the contractor.
IX. OBLIGATIONS BEFORE A DAMAGE EVENT
The contractor is responsible for,
(1) To select and monitor employees and other vicarious agents (especially subcontractors) with the care of a prudent businessman, to ensure this. that only flawless vehicles, swap bodies / container cranes, technical facilities (including ropes, belts, chains, etc.) and other equipment are used that are suitable for the respective order, that the necessary permits for the execution of the order are available and that the requirements of the authorities are complied with. Cargo spaces are to be kept swept clean and odorless, the floor of the cargo space must be accessible with a forklift truck, vehicles without wooden floors are only loaded if expressly agreed.
(2) to ensure that the vehicle driver performing the transport has a valid driver's license and the required physical and mental aptitude. The driver of the vehicle must also observe the regulations for staying on the company premises, should he not know these, he has to request them independently when entering the company premises,
(3) to ensure that loaded vehicles or vehicles are properly locked each time they are parked (even if only for a short period of time), that two independently functioning anti-theft devices are put into operation and that no freight documents are left in the vehicle in unmanned vehicles.
(4) to ensure that loaded motor vehicles including trailers, semi-trailers, swap bodies / containers etc. are properly guarded during each parking, especially during waiting times or breaks, and only in a guarded parking lot at night (between 10 p.m. and 6 a.m.), on weekends and public holidays , Zollhof etc. or a secured (fenced and adequately guarded) company premises. The contractor is only exempt from complying with this provision if, despite proper transport route planning, none of the parking options specified in this point are available. The contractor has to prove this fact.
(5) to convince himself that subcontractors commissioned by him with the transport have a current, market-standard transport liability insurance according to CMR.
(6) to inform his employees and other vicarious agents (in particular subcontractors) demonstrably in writing of the obligation to comply with the provisions of points (1) to (5) and to convince themselves with the care of a prudent businessman that these provisions according to (1 ) to (5) are also complied with.
X OBLIGATIONS IN THE EVENT OF DAMAGE
The contractor has
(1) notify the client and insurer immediately in writing of any damage or claims for compensation.
(2) In the case of any damage that is likely to exceed the amount of EUR 1.500 or the amount of which cannot be reliably estimated, immediately instruct the responsible average inspector, who may be asked by the insurer, to determine the damage and to follow his instructions.
(3) report any traffic accident, fire damage, robbery, break-in or theft damage to the responsible police authorities immediately.
(4) to ensure that the damage is averted and mitigated, to obtain instructions from the client and to follow them, to provide complete and truthful information and to obtain and submit the damage notifications and damage documents required by the insurer.
(5) to refrain from fully, partially or comparatively recognizing, satisfying or assigning a claim without the prior written consent of the client.
(6) to maintain recourse claims against third parties and to observe the deadline for complaints.
Xl. SPECIAL OBLIGATIONS FOR REFRIGERATED TRANSPORT
(1) It is imperative that the driver (s) check the condition of the goods and enter any obvious defects and complaints on the consignment note before starting the journey. This is particularly the case if the truck driver has reason to suspect that the goods may have already spoiled if they have not been sufficiently pre-cooled, as well as if the truck driver is not given the opportunity to check the temperature of the refrigerated goods.
(2) The truck driver must ensure that the sender enters the cooling temperature in the consignment note and that he has to switch the cooling thermostat to the required temperature. It is essential to ensure that a new temperature recorder sheet or temperature monitor is inserted.
(3) If there is clearly any damage caused by spoilage upon acceptance, the truck driver must refuse to accept the truck load.
(4) The goods must be preloaded in such a way that air can reach the goods from all sides and the cooling flow can circulate. If a defect in the refrigeration unit is found, which cannot be remedied at short notice with your own on-board resources, the legal and technical possibilities allow you to drive to the nearest cold store and store the goods or reload the goods into a suitable vehicle.
(5) In the event of a possible claim for damages on the part of a client of the client, the contractor must enclose an existing temperature recorder sheet or temperature monitor for the respective transport to the underground.
XlI. SPECIAL AGREEMENTS FOR CONTRACTORS IN COMBINED TRAIN-STREET-TRAIN
In addition to the above, the following special conditions apply to the above-mentioned loads: The contractor or his insurance company is liable for the customer's trailer and its load (including the loading documents and the loading equipment as an integral part of the load) from Time of pick-up from the terminal, no later than midnight on the scheduled pick-up day, until the next delivery (delivery) to the terminal. The liability expressly extends to the loss of loading equipment and loading aids. Damage to the semi-trailer or the load, which is detected when it is picked up at the terminal, must be reported immediately to the representative of the rail partner at the terminal and the damage must be recorded in the form prescribed for this case. The client must be notified of the incident in writing and the documents required for the assertion of claims for damages must be forwarded to him within 2 weeks of the incident at the latest. The above-mentioned steps can also be taken over by a representative of the client, if one is on site. If the contractor fails to report or record a damage, the notification or the timely forwarding of the documents, he himself assumes liability for the damage, without the need to provide evidence of culpability. This applies to damage to the trailer or to the load. If the contractor arranges repairs of any kind on the semi-trailer or on objects left in his custody without prior instruction from the client, the costs for this are basically at his expense. At the beginning of the contract and thereafter, the contractor must maintain a corresponding CMR insurance for the trailers. At the request of the client, the contractor must immediately provide evidence of the insurance portfolio, otherwise the client is entitled to deduct 4% from the invoice regardless of the occurrence of damage. The assertion of further damage remains unaffected. In addition to the freight papers and delivery receipts, the relevant pick-up receipts and posting receipts from the rail terminal are required so that the client can invoice the respective transport. At the customer's option, transports can also be offset by crediting them.
XIII. APPLICABLE LAW; PLACE OF FULFILLMENT; JURISDICTION
(1) Austrian substantive law applies. The contract language is German. The place of performance is the customer's headquarters.
(2) The place of jurisdiction for legal disputes about the existence or non-existence of a contractual relationship that is subject to these terms of delivery and payment, or for legal disputes arising from such contractual relationships, is the contractor's place of jurisdiction, the general place of jurisdiction of the client, for lawsuits against the client, at the client's option exclusively the general place of jurisdiction of the client. Kufstein is agreed as such, regardless of the amount in dispute.
XIV. CONVENTIONAL PENALTY
In the event that the transport order is not or not properly fulfilled, the contractor undertakes to pay a contractual penalty of Euro 100.- per claim with regard to the administrative activities (telephone calls, correspondence, etc.) that arise for the client, whereby the assertion of an additional penalty Any further damage remains unaffected. The client is expressly authorized to offset such claims.