General terms and conditions of Eillogistik GmbH & Co. KG

 

 

1.   Applicable Law

 

The activities of Eillogistik (hereinafter "Contractor"or “Eillogstik”) are governed by the

"General terms and conditions" as well as:

 

·      German law

 

·      "General German Forwarding Conditions (ADSp)"

 

and international law

 

·      Warsaw Convention signed on: 12 October, 1929 (WA)

 

·      Montreal Convention signed on: 28 May, 1999 (MT)

 

·      Uniform Rules for Carriage by Rail signed on 9 May, 1980 (CIM)

 

·      Geneva Convention on the Contract for the International Carriage

by Road signed on: 19 May, 1956

 

In addition to the above mentioned laws, where applicable,

 

·       the IATA Dangerous Goods Regulations,

 

·       the ICAO Technical Instructions

 

·       and the national dangerous goods regulations of the relevant country of dispatch, transit and destination apply.

 

 

All the above agreements and laws are valid as amended from time to time.

 

Conflicting terms and conditions of the client or deviating

agreements are only binding if they have been agreed in writing.

 

 

 

2.   Scope

 

These general terms and conditions apply to all activities and

services of the Eillogistik in the context of:

 

·      dispatch of courier and express parcels

 

·      implementation of logistics services such as organisation of project cargo and/or packing or storage of goods for import or export, as well as

 

·      warehousing

 

regardless of whether Eillogistik performs these activities by itself or commissions third parties to perform them.

3.   Publication

 

These general terms and conditions are provided by the Contractor as a hard and a soft copy at www.eillogistik.de. They are also announced in all publicly accessible rooms by bulletin. The current electronic version prevails in case of deviations.

 

 

 

 

 

4.   Definitions

 

Under these general terms and conditions, consignments are goods, in particular, documents or commodities, each of which is documented in a waybill and may be dispatched by any means of transport chosen by the Contractor.

 

Under these general terms and conditions, waybills are all manually or automatically created order tickets and dispatch notes and shipment labels which are created by the Contractor or authorized persons.

 

Dangerous goods are materials subject to the conditions for carriage of dangerous goods under the provisions of the UN, IATA DGR, ICAO TI or the ADR/GGVSE, etc. as well as all goods, which pose particular risks to humans, animals, conveyances or other programs due to the material properties.

 

 

 

 

 

5.   Obligations of the Client

 

Notwithstanding the other provisions, the Client shall, in particular, bear the

responsibility and provide for:

 

·      the suitability of the consignment for shipment using the chosen means of  transport,

 

·      the product-compliant packaging of the consignment that is safe for dispatch and operation

,

 

·      adequate labelling and identification of the consignment,

 

·      the presence of all necessary accompanying documents (e.g.

customs documentation) as well as the accuracy and completeness of the

information provided therein, in particular, collection and delivery addresses,

 

·      the accuracy and completeness of declaration of safety / no-objection for air transportation, if such a one has been agreed,

 

·      notifying the Contractor of safety concerns,

 

·      providing the recipient with all information required for the acceptance of the shipment by the recipient,

 

·      the implementation of the import and export inspections, unless otherwise agreed,

·      immediate information of the Contractor about the transportation obstacles known to him

,

 

·      compliance with the permit requirements, which is laid down by the

Foreign Trade Law (Dual-Use Regulation),

 

·      compliance with all other provisions and permit requirements of the

Foreign Trade Law.

 

The Client shall be liable for any claim for damages caused by disregard of these obligations, regardless of its culpability towards the Contractor.

 

 

 

 

 

6.   Services

 

6.1. Express freight / implementation of logistics services

 

The Contractor undertakes to organize the transport of consignments, as well as its dispatch by own suitable transport and to dispatch the parcels to a suitable forwarder. The selection of the forwarder is at the discretion of the Contractor.

 

The Client agrees to each route and its modification as well as to any stopovers made. The service of the Contractor does not include checking of the parcels in transit for proper condition and completeness.

 

 

 

6.2. Storage

 

The storage is at the discretion of the Contractor - either in its own or third-party warehouses. If the Contractor stores at a third-party warehouse, he shall announce its name and the warehouse location to the client in writing or note this on a warehouse note, if such a one is issued.

 

The Client has the right to inspect or commission inspection of the storage areas accompanied by the Contractor during his business hours. Objections or complaints against the storage of the goods or against the choice of the warehouse must be made immediately. If the Client does not exercise his right of inspection, he may not object to the way in which the goods are stored, provided that the choice of the warehouse and the storage is done in compliance with due diligence of a freight forwarder.

 

If the Client handles the goods (e.g. takes samples), the Contractor may demand that the number, weight and condition of the goods is determined together with the Client. If the Client does not comply with this, it exempts the liability of the Contractor for any damage discovered later, unless the damage is due to the handling of the goods mentioned.

 

The Client is liable for any damage caused culpably or negligently by him, his staff or agents when entering the warehouse or when entering or driving on the warehouse site of the Contractor, other warehouses or third parties

.

 

In case of inventory discrepancies, the Contractor may make a value-based balancing of inventory in case of balance shortages and surpluses of the same Client.

 

If there is reasonable doubt on the part of the Contractor whether his claims are satisfied by the value of the goods, he is entitled to grant the Client a reasonable grace period to ensure the claims of the Contractor or arrange for storage of the goods by other means. If the Client does not comply with this request, the Contractor shall be entitled to immediate termination.

 

 

 

 

7.   Order placement

 

The contract award shall be in writing, in principle.

 

The Client's order must include addresses, marks, numbers, quantity, nature and contents of the packages, properties of the goods, the goods value for insurance of the goods and any other information relevant for the proper execution of the order.

 

Dangerous goods are subject to Paragraph 11 of these General Terms and Conditions.

 

The Client shall promptly - before acceptance by the Contractor - notify the Contractor in writing of particularly valuable goods or those which face the risk of theft (e.g. money, precious metals, jewellery, watches, precious stones, works of art, antiquities, bank or credit cards, valid telephone cards or other means of payment, bonds, documents, spirits, tobacco, entertainment electronics, telecommunications equipment, computer equipment and accessories) and goods with an actual value of 50 Euro/kg and more, such that the Contractor has the option to decide on the acceptance of the goods and to adopt any measures for the safe and secure handling of the order

.

 

If an order issued to the Contractor does not comply with the conditions referred to in paragraph 7, then it is up to the Contractor,

 

·      to refuse acceptance of the goods,

 

·      to return goods that have already been accepted or to make them available for collection

 

·      to ship, dispatch or store this without notifying the client, and to charge an extra, appropriate fee, if the safe and secure execution of the order is associated with extra costs.

8.   Collection / delivery / non-delivery

 

The pick-up or delivery is done according to the entries in the waybill. A delivery cannot be made to PO Boxes or coded addresses.

If a central mail department (e.g. porter, front desk, reception) is specified as the address, then the contractually agreed delivery shall be there.

 

The Contractor may, after consultation with the Client or the recipient, pick up or deliver to another place.

 

The Client waives a written proof of delivery, unless expressly agreed otherwise.

 

The Client shall immediately notify the Contractor of delivery obstacles, concerned with the shipment. Otherwise, the Contractor is entitled to decide on this, while safeguarding the interests of the Client.

 

The cost of return shipment (non-delivery, airline's refusal to accept, etc.) and any customs duty or penalties shall be borne by the Client.

 

If a scheduled flight or train departure cannot be used or not reached for any reason, transport shall be with the next available connection.

 

 

 

 

9.   Right to open the consignment

 

The Contractor is entitled to protect the legitimate interests, but not obliged to open the consignments. These include, in particular, but not exclusively:

 

·      address identification,

 

·      customs-related reasons,

 

·      securing of damaged contents,

 

·      preventing an imminent danger during shipments of dangerous goods (dry ice, diagnostic specimens, etc.),

 

·      suspicion of the presence of items that are not allowed to be shipped according to these general terms and conditions

.

 

 

 

 

10. International shipping / customs

 

The Customer undertakes to comply with all national and international legal provisions that are relevant to the shipment. This applies, in particular, but not exclusively, to rules relating to packaging, transport and documentation. The dangerous goods regulations applicable to each of the dispatch, transit and destination countries must be observed even during the preparation of the consignment.

 

 

 

 

 

Customs penalties, storage charges and other costs incurred by the actions of customs authorities or due to the lack of complete export documents, licenses or certificates of approval by the customer, shipper or recipient will be charged to the recipient together with any collected from customs duties and taxes.

 

If the Contractor shall be responsible for customs clearance, the Client shall provide all necessary documents and information and undertake to bear the amount in full in case of non-payment of import duty and other customs charges by the recipient.

If the Client does not commission the Contractor with the customs clearance, the Client undertakes to perform and prepare an export and import customs clearance, where these are required, and to provide for the export clearance before shipment to the Contractor.

 

If the Contractor assumes - by express agreement - the additional obligation to customs clearance, he is entitled to appoint customs agent at his own discretion for customs clearance.

 

 

 

 

11. Packaging and labelling of dangerous goods

 

Dangerous goods can be shipped only with a suitable transportation service specified by the Contractor.

 

A separate waybill must always be used for shipment of dangerous goods for each consignment

.

 

The possibility of forwarding dangerous goods on certain routes also depends on the local requirements of airports, airlines and other means of transportation.

 

The Client shall ensure product-compliant and safe packaging of dangerous goods. He is liable for any damage caused by inadequate packaging.

 

All dangerous goods must comply with the requirements of the IATA regulations on the transport of dangerous goods and the relevant provisions of ICAO-TI and ADR / GGVSE in terms of their classifications, packaging type, marking and labelling.

 

Diagnostic specimens (blood, urine, etc.) must be packaged in accordance with IATA-DGR Packing Instructions

602. For this purpose, a leak-proof primary container and leak-proof secondary container in a sturdy packaging in accordance with tested design are required.

 

Each shipment must be legibly and durably labelled with the name of the street, the city and the country and the postal code of the sender and the recipient.

 

The content ("Proper Shipping Name", name of substance - official and/or technical name of the substance) must be properly designated and, if applicable, provided with the correct UN number and noted on the package.

A person with name and phone number, who can provide information on the consignment and the content during the time of transportation must be clearly specified on the package.

 

The sender shall enclose a document with the unique designation and description of the contents to each consignment of dangerous goods (inside).

 

The Client shall ensure that dry ice shipments contain a sufficient quantity of dry ice, which ensures adequate cooling of the shipped contents for a period of at least 48 hours (if the consignments are redirected by the Client or other unforeseeable obstacles). The Contractor is not obligated to replenish dry ice during transport.

 

If a consignment of dangerous goods, which is leaking or defective (leaking material, escaping odours, damaged packaging, other damage, etc.) is handed over to the Contractor, the latter shall have the right to refuse this consignment and charge the Client for any costs caused incurred by countermeasures (return shipment to the Client, destruction of the consignment, accident-prevention measures, etc.).

 

The acceptance of a consignment of dangerous goods by the Contractor for air transport does not naturally mean that it is also accepted by the transporting airline.

 

 

 

12. Delays

 

The Contractor shall be responsible for delays only if a binding time was expressly specified.

 

 

 

13. Invoicing / payment / surcharges

 

The remuneration of the Contractor is based on the fee specified and agreed upon conclusion of the contract.

 

If the remuneration is invoiced by the Contractor as agreed, the Customer shall pay within 10 days of receiving the invoice, unless agreed otherwise.

 

The Customer is prohibited from offsetting with counterclaims.

 

Appeals and complaints must be made in writing during the 10 days after invoicing. After this period, the invoice shall be accepted by the Client as accurate in terms of facts and figures.

 

If circumstances preventing delivery occur, and thereby the execution of the contract is delayed, the Contractor may request an additional amount. This is € 60.00 per hour or part thereof.

 

Additional costs incurred due to circumstances beyond the control of the contractor will be invoiced to the Client. This is especially true, but not exclusively for additional costs due to weather, strike, government action (e.g. customs, transport controls, etc.) as well as war.

To secure the payment claim, the Contractor has a title of retention and lien on the shipment. The pledge is enforceable after dunning and at the end of two weeks.

 

 

 

14. Liability

 

If the consignment is transported by aircraft and the ultimate destination or a stopover point is in a country other than the country of departure, the shipment is subject to the Montreal Convention or the Warsaw Convention, as applicable.

 

In international road transport, the International Agreement on

Contracts on Carriage by Road (CMR) may apply.

 

These agreements limit the liability of the Contractor and the companies authorized by it for loss or damage.

 

Otherwise, the following limitations apply:

 

The Contractor shall be responsible for the substantial damage caused by loss or damage while the shipment is in the custody of the Contractor, up to an amount of 8.33 SDR per kilogram of the gross weight of the shipment.

 

If only individual pieces of the shipment are lost or damaged, the Contractor shall be liable up to an amount of 8.33 SDR per kilogram of gross weight of the devalued part of the shipment.

 

If the Client is the subcontractor, the Contractor is liable for the substantial damage caused by loss or damage while the shipment is in the custody of the Contractor, up to an amount of 2.0 SDR per kilogram of gross weight of the shipment.

 

If the Client is the subcontractor and only individual pieces of the shipment are lost or damaged, the Contractor shall be liable up to an amount of 2.0 SDR per kg of gross weight of the devalued part of the shipment.

 

The liability of the Contractor for delays is limited to three times the amount of the remuneration.

 

The Contractor shall also be liable only if he is at fault for the damage caused.

 

The liability of the Contractor for circumstances beyond his sphere of influence is excluded. This applies, for example, but not exclusively, to the causes of damage, namely weather, war, strike or government action (such as customs, security checks, etc.).

14.1.      Liability limitations in the case of storage

 

The liability of the Contractor for loss or damage of goods (freight damage) is limited in case of warehousing to € 5 per kilogram of gross weight of the consignment, a maximum of € 5,000 per claim.

 

If the claim by a Client is a difference between nominal and actual inventory of the stock, the liability is limited to € 25,000, irrespective of the number of damage events causing the inventory discrepancy.

 

If only individual packages or parts of the consignment were damaged or lost, the maximum liability amount is calculated according to the gross weight

 

·      of the entire shipment, if the entire consignment has devalued,

 

·      the devalued part of the consignment, if only a part of the consignment is rendered valueless.

 

The liability of the Contractor to third parties for any damage to goods, excepting personal injury and material damage to third-party goods is limited to € 5,000 per damage event in case of warehousing.

 

 

 

In any case, the liability of the Contractor is limited to € 2 million per damage event, regardless of the number of claims asserted for a damage event; if several parties are subject to damage, the Contractor shall be proportionately liable to their claims.

 

 

 

 

15. Venue

 

Rostock is agreed as the exclusive place of jurisdiction if the Client is a merchant, a legal entity or a special fund under public law, and if he has no general jurisdiction in the Federal Republic of Germany.

 

 

 

 

 

16. Severability clause

 

If any provision of these general terms of carriage is invalid, the validity of all other provisions of these general terms of carriage is not affected.