General terms and conditions
Our business transact ions - including future ones - are concluded
on the basis of the conditions mentioned below, as long as they do not differ to other regulations (CMR = Agreement on contract of carriage for the international transport of goods) Different agreements or business conditions shall be valid in particular cases only if confirmed in writing. We are entitled to engage other sub - contractors for the execution of our contractual obligations.
Contracts which require an official permission or licence by competent authorities, especially in accordance to §§ 29 Sec. 3 and 46 StVO (road traffic code) in combination with §§ 18 Sec 1 para 2, 22 Sec. 2 and 4 StVO as well as 70 StVZO, shall be concluded under the deferring condition of the permission or licence. Unless otherwise agreed, all costs and fees which occur in connection with official expenses, official security measures as well as with fees for police escorts are to be borne of the customer.
Subject to the regulations of the HGB we may withdraw from the contract excluding any claims for damages or compensation
The customer is obliged to provide the goods which are to be trans
ported in a proper condition necessary for the execution of the transport. Moreover he is obliged to inform us prior to the dispatch in due time about the correct measures, weights and special characteristics (such as centre of gravity, type of material etc.) as well as the stroke point in case crane works become necessary. Accessories and additional load, such as filled Diesel and petroltanks, any kind of lacquers, varnish and caustic materials, which belong to the Ordinance on hazardous substances, are to be removed from the good which is to be transported. We, resp. the personnel we have ordered for the execution of the contract, are authorized at any time - to remove any material mentioned above. In case the customer fails in his a foresaid duties, he shall be liable for all damages and costs which may occur, in particular for those damages and costs which arise at our company.
The personnel charged with the execution of the contract shall not be bound to instructions of third parties. After placing the order with us the customer is not allowed to give any instructions which differ from our contractual conditions to our personnel without our prior agreement. In case the customer fails to fulfil his obligations he shall be liable for all resulting damages and losses.
Orders accepted by us for transportation of goods are freight contracts within the meaning of the HGB. We shall be liable exclusively in accordance to the regulations of the CMR. We shall not be liable for unforeseeable damages which occur for the following reasons: damages caused by delay and excess of delivery times, loss of vehicle, machines or working devices or similar circumstances as well as strike and street barricades as well as Force Majeure. We shall moreover not be liable for any material and im material damages in case the scheduled traffic routes, departure and access roads do not allow the passage. These circumstances, however, do not release the customer from the obligation for payment of the carriage fee.
For loading and unloading purposes two hours shall be included free of charge, each further started hour will be charged with EUR 60,00 plus VAT.
We kindly advise you that our driver are instructed to take down the boats cover before transports starts. If you inform us in written that the cover should remain on the boat, we will exciter your instruction without taking the responsibility of any damages caused by this.
Payment terms: net cash or against certified cheque. It is not allowed to settle accounts or to withhold any payments unless the right for withholding is based on a counter - claim which belongs to the same contract resp. unless the customer places a counter - claim which is unquestioned and legal.
Our General Terms of Delivery refer to any claims not with standing the plea. Any personnel ordered for the execution of the contract may refer to them. We accept no responsibility for unpacked items as well as for accessories.
Place of jurisdiction - also for law suits relating to cheques and to bills of exchange - shall be Neumünster. For all contracts, including contracts with foreign customers, the law of the Federal Republic of Germany shall be applicable. In case that single conditions of these terms may become invalid, all further conditions shall remain valid unchanged. We will make all efforts to properly fulfil your wishes. Because of the characteristic and the technical demand of heavy duty transports we explicitly draw your attention to the fact, that any liability for keeping to scheduled dates and deadlines is excluded and the acceptance of the order naturally presupposes the possibility of the transport on the scheduled traffic routes as well as on the departure and access roads. Due to the characteristic of the special and heavy duty transports we recommend to conclude a transport insurance contract, which we may obtain for you if desired.