Effective Date: 08-10-2020
1.1 In these Terms, unless the context requires otherwise:
1.2 These Terms apply to all Services we provide, unless a separate written agreement prevails. Any terms you propose are excluded unless expressly agreed in writing.
2.1 A binding contract is formed when you accept a quote from us or when we commence performance of a service for you.
2.2 The quote we provide (rates, conditions) is valid for a defined period. After that it may be adjusted.
2.3 We reserve the right to decline or suspend service at our discretion, especially if we deem risk to be excessive.
3.1 You warrant that all information you provide (description, quantity, weight, packaging, handling instructions, origin/destination, nature of goods) is accurate and complete.
3.2 You will comply with all applicable laws, regulations, export/import controls, licensing, customs, and hazardous‐goods rules.
3.3 You will properly prepare, pack, label, palletize, and secure the Goods so that they can be handled safely by us and our agents.
3.4 You indemnify us for any penalty, liability, cost, fine, or damage resulting from your incorrect or incomplete instructions, declarations, or omissions.
4.1 We may engage subcontractors, carriers, agents, or other third parties to perform all or part of the Services.
4.2 When acting as agent, we act on your behalf with such subcontractors. You acknowledge that the contracts between you and carriers or third parties may govern certain parts of the Services.
4.3 We have discretion over choice of routes, carriers, handling methods, and scheduling, consistent with your service instructions and constraints.
5.1 Charges are as stated in our quote or invoice. They are based on weight, volume, nature of goods, route, handling, customs, storage, ancillary services, and any agreed surcharges.
5.2 Additional costs (fuel surcharges, demurrage, storage, customs duties, fines, fees, penalties, detention, etc.) are your responsibility.
5.3 Invoices are payable [e.g. within 30 days] from date of invoice (unless otherwise agreed).
5.4 Late payments may incur interest, collection costs, or suspension of further service.
5.5 We may exercise a lien / right of retention over Goods or documents in our possession for unpaid sums.
6.1 You are responsible for obtaining adequate insurance for the Goods during transit, storage, and handling.
6.2 If you request us to procure insurance on your behalf, we may do so, but the terms and cost will be passed on to you and we act only as an intermediary.
6.3 Our liability is limited (see section 8) except to the extent we have acted with gross negligence or willful misconduct (where applicable by law).
7.1 We will deliver Goods to the address you designate or arrange collection according to your instructions.
7.2 If delivery cannot be made (e.g. location unattended, no access, refusal), we may hold Goods in temporary storage at your expense until redelivery.
7.3 If Goods remain uncollected beyond a reasonable period (e.g. 90 days), we may dispose of them with reasonable notice to you, offsetting proceeds against outstanding charges.
7.4 Storage services will be subject to the same conditions, and any processing, inspection, or handling in storage must be agreed in advance.
8.1 Our liability for loss, damage or delay is limited to the lesser of the declared value, weight-based rate, or total service charges.
8.3 All claims must be made in writing within 30 days after delivery. Late claims are void.
8.4 You indemnify us for all liabilities, fines, and costs from your breach or negligence.
Both parties will keep contract terms and proprietary data confidential unless required by law. All IP related to our services and materials remains our exclusive property.
We are not liable for delays or failure due to events beyond our control such as natural disasters, government restrictions, war, or pandemics.
Either party may terminate with 30 days written notice. Immediate termination may occur for breach or insolvency. You must pay all dues before release or disposal of stored goods.
These Terms are governed by applicable German/EU law, and disputes are subject to courts of jurisdiction as agreed.
We may modify these Terms for business or legal reasons. Updated versions will be published online with the effective date.
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