Our orders take place exclusively on basis of these terms of business. Any terms conflicting with our terms will not be accepted, unless confirmed by us in writing. In case of acting contrary to our transport terms and any consequences, costs or damages resulting therefrom, we will hold you fully liable to the full extent.
You are obligated vis-à-vis the sender to examine or obtain documents and information. You are responsible for the proper stowage and securing of the goods on the vehicle. Taking delivery by units is agreed. You are liable for all and any kind of overloading.
With the conclusion of this transport order, you confirm that you have taken out CMR-insurance to sufficient extent, sum insured at least € 300,000. Liability acc. to Art 29 CMR is also insured. The insurance premiums are paid on time and in full.
You carry out the transport order personally. You herewith confirm to us that you hold the relevant concessions, permits and licenses. Delegating this transport order to third parties or sub-hauliers or subcontractors is not permitted without our express, written permission.
You herewith confirm to us that the vehicle drivers deployed by you meet the provisions of the Employment of Foreign Nationals Act in fall and hold a valid work and residence permit. By accepting this transport order you undertake to observe all provisions of the law on the carriage of goods and the other applicable regulations, in particular also those of the European Union regarding the carriage of goods on the road when carrying out the transport and are to indemnify us and hold us harmless for any delays in – or the non-performance of the transport as a result of the of – or the non-compliance with – regulations buy you for all claims resulting therefrom. The proper condition of the vehicles deployed is to be ensured by you.
Loading and unloading times are considered as fixed times (CMR-scheduled goods or scheduled order) and are to be strictly adhered to. In case of non-compliance with the times for delivery, the entire order can be cancelled and full compensation demanded. Unloading of the goods may only take place at the recipient’s address or the delivery address stated in the consignment note. If the information in the consignment note deviates from our order, this must be coordinated with us before performance. In case of problems, accidents or other transport delays, damages to the cargo or obstacles to delivery, we must be immediately notified by phone or in writing. No further steps are to be taken without our instructions.
The driver is obligated to stay only in guarded and secured parking facilities during his breaks.
24 hours each for loading and unloading are free of stall fees. Furthermore, standing time claims will be accepted only after prior, written agreement and must be sent with a duly signed confirmation by the sender/recipient, which includes date and time.
If pallet exchange is agreed on, these are to be exchanged immediately. In case of non-exchange or non-return within 14 days, we charge € 14.50 per pallet, which will be offset against and deducted from your freight note. Any pallet notes produced subsequently can no longer be accepted.
Demonstrable cancellations by our customer shall release us from the payment of cancellation expenses or other compensation.
Freight notes in duplicate shall become due for payment only if specifying our Pos-no. and concurrent production of the consignment notes or CMR-consignment note confirmed to conform to the original as well as the original unit load devices note of the sender and a transport order copy.
Our term of payment is 45 days after receipt of invoice to the end of the month or within 7 days with a deduction of a cash discount for prompt payment in the amount of 3 %.
Strict customer protection in our favour and neutrality shall be deemed as agreed upon. Any infringement of the customer protection shall entitle us to a contractual penalty payment of € 10,000, regardless of damages and not subject to the court’s right to reduce or abate, whereby the assertion of damages exceeding this amount remains reserved.
We work exclusively on basis of the AÖSP (General Austrian Forwarders’ Terms and Conditions) in their most recent edition, as well as the CMR, whereby these shall be deemed as expressly agreed upon. Furthermore, it is deemed to be expressly agreed that we can offset against all your claims. The § 32 AÖSP is thus deemed to be waived by mutual agreement.
It is understood that Austrian law applies. Jurisdiction and place of performance are agreed upon as being exclusively the place of business of our company A-6330 Kufstein.