I. SCOPE
1. The Client's orders are placed on the basis of these terms and conditions of business. Thus they also apply to all future orders even if they are not expressly agreed upon again. Contractors' counter confirmations referring to their terms and conditions of business are herewith opposed.
2. Orders and their detailed agreements are laid down in writing in forwarding order. Variances from the terms and conditions of business and from the forwarding order are only valid if the client has confirmed them in writing.
3. The CMR (Contrat de Transport International de Marchandises par Route [= Convention on the Contract for the International Carriage of Goods by Road] and the AÖSp [Austrian General Conditions of Forwarding] apply subordinately to the following provisions.
II. QUOTATIONS
1. The prices specified in the Client's quotation are fixed subject to the reservation that the order details set down as the basis for the quotation remain substantially unchanged. No surcharges of any kind whatsoever are recognized.
2. Should the loading or unloading point change then the contractor is obliged to execute the amended forwarding order The level of the freight price will be adjusted according to the additional expenditure.
3. Cancellations that its customer is able to evidence release the client from paying idle production costs or other compensation. It counts as agreed that there is a period of 24 hours free of demurrage at the loading and the unloading point.
III. INSURANCE
1.It is assumed that the contractor is covered by CMR insurance (including Article 29) at its expense. The contractor is liable for losses arising from insufficient insurance cover. It must inform the client immediately of any possible amendments.
2.The minimum sum insured amounts to 8,33 SDR, and is minimum € 250.000 per lorry and insured event in case of international transports and amounts to 40 SDR, minimum € 600.000 per lorry and insured event in case of national transports.
IV. PAYMENT CONDITIONS
1. The freight account is only recognized if attached to it is the original CMR consignment note or delivery note receipted by the recipient with its official company-stamp signature. The compensation with client's requirements applies. In addition, an immediate payment term applies. In case of late payment, all expenses (default interest 9,5 %, collection or legal fees etc.) are borne by the debtor. For each charge, a processing fee of € 10 is due.
2 Should the client not receive transport documents within 14 days of the delivery date € 50 operation costs will be charged.
3. The payment is based on the agreed terms of payment (IBAN and SWIFT-Code). Bank details on invoices will not be taken into account. Notifications of change of bank details are considered as accepted only after confirmation by the client.
V. LOADING AIDS
1. Loading aids (Pallet pool pallets, tension belts, edge-protectors, anti-slip mats and so on) are needed in the case of certain goods for loading safety. The contractor must make them available in sufficient number and quality with the forwarder having the responsibility of evaluating their quality.
2. lf no loading aids or inadequate loading aids are made available the contractor must take the opportunity of acquiring such from the forwarder.
3. Loading aids acquired are charged according to the costs that have arisen, with pallet pool pallets being charged at € 15 each. A fee of € 10 is levied as a processing charge.
4. lf loading aids are not available at all the contractor must advise the client immediately and proceed in accordance with its instructions. Objections submitted later may not be recognized. 5. lf loading aids are deployed then the original loading aids certificate or a comparable documentary voucher must be attached to the freight account. After three months have expired loading aid certificates submitted subsequently will no longer be accepted.
VI. FURTHER AGREEMENTS
1. Details varying from the forwarding order, particularly details relating to the deadlines and delivery addresses on the consignment note or the delivery note must be notified to the client immediately and its instructions must be obtained. The goods must only be unloaded at the delivery address detailed on the forwarding documents.
2. ln case of delay or other deviations from the agreed time scales the client must be informed as soon as these are known about. Additional costs of providing a replacement vehicle are at the expense of the contractor.
3. It counts as agreed that goods are taken over piecemeal. Adding to and transshipment of cargoes is prohibited. The contractor is solely liable for overloading of any kind.
4. Neutrality and strict protection of customers' interests in favour of the client count as agreed. Irrespective of the damage involved a penalty of € 10,000 per instance counts as agreed for breaches of customer protection by the contractor.
5. The order must not be passed on to sub-contracted carriers without the Client's knowledge and written agreement. lf that is disregarded a penalty of € 150 per instance, irrespective of damage, counts as agreed.
6. The contractor is responsible for producing all necessary transport approvals, especially the EU-Licence. Compliance with the current laws on employment and working hours and monitoring these is incumbent on the contractor. The contractor is obliged to comply with the valid German minimum wage law (MiLog), as well as to report all the necessary information concerning this law to appropriate authorities. The contractor is obliged to exclude the client from all the liabilities resulting from violating this law; including all third party claims.
7. The following applies for transportation from, to, through and within Germany, if the driver is not a citizen of an EU/EEA country then he/she must, under the German law combating illegal employment in the field of commercial/industrial road haulage, carry his/her original work permit with an attested translation into German.
8. lf no individual agreement has been reached on the type of lorry then orders are based on their being executed with "13.60 m tarpaulin trailer/ semitrailer with a clear loading surface".
9. Loaded trailers/semitrailers must never be uncoupled nor parked unsupervised. Breaks may only be made on guarded parking lots.
10. Contractors transporting hazardous goods are responsible for ensuring that their personnel are appropriately trained and that their vehicles are in proper condition and comply with the relevant statutory provisions.
VII. APPLICABLE LAW, PLACE OF FULFILMENT, JURISDICTION
1. Austrian law applies. German is the contract language.
2. These terms and conditions of business are legally binding even if indivi-dual parts might not, for whatever reasons, be effective (Severability clause).
3. The Client's jurisdiction, exclusively, shall be the jurisdiction for legal disputes between the client and the contractor. Innsbruck is agreed in this respect, regardless of the level of the disputed value.
