General Terms and Conditions for Transport Orders of Haberzettl ExpoLog GmbH

1. Scope

1.1 The following General Terms and Conditions shall apply to all framework and individual contracts between Haberzettl ExpoLog GmbH and its contractors for all national and international transport orders, unless otherwise mandatorily required by law. By submitting an offer to Haberzettl ExpoLog GmbH and/or by accepting an offer from Haberzettl ExpoLog GmbH, the Contractor, being aware of these General Terms and Conditions, agrees to their validity. These Terms and Conditions shall also apply to cabotage transports in other member states of the European Union and the EEA, unless mandatory statutory provisions to the contrary apply.
1.2 Any conflicting General Terms and Conditions of the Contractor as well as the ADSp and VBGL shall not apply unless Haberzettl ExpoLog GmbH has expressly agreed to them.
1.3 Orders may be placed in writing in text form, whereby electronic transmission (in particular by e-mail) and transmission by fax is sufficient, or verbally or by telephone. Upon receipt of the order, the contractor is obligated to execute it.

2. Services

2.1. Compliance with the Minimum Wage Act
The Contractor warrants that it will comply with all statutory regulations within the scope of its activities, in particular those of the Minimum Wage Act. In the event of partial or complete subcontracting of the awarded contract to subcontractors/sub-subcontractors, the Contractor shall ensure that these also comply with the statutory regulations, in particular those of the Minimum Wage Act. Upon first written request, he shall submit to the Client all relevant documents required by the latter to verify compliance with the minimum wage payment within the meaning of Section 20 MiLoG. The obligation to submit documents may also be effected by a certificate of the Contractor’s tax advisor confirming that the obligations pursuant to Section 20 MiLoG are complied with by his client, the Contractor.

2.2. Vehicle requirements
The Contractor undertakes to provide for each transport only suitable, waterproof, clean and odorless vehicles in technically perfect condition and with the required cargo capacity. The vehicles shall be equipped with on-board telephone and GPS. The vehicle must be customs sealable. All costs related to the means of transport shall be borne by the Contractor. The contractor guarantees a permanent, 24-hour availability for Haberzettl ExpoLog GmbH. This also applies to vicarious agents and subcontractors used by him.

2.3. Shipment takeover
Upon acceptance of the consignment for transport, the contractor is obliged to immediately check the external condition, completeness and identity as well as the packaging of the goods. Complaints must be noted in detail on the transport documents and confirmed by the sender with signature, date and stamp. In the absence of the above written complaint, it shall be rebuttably presumed that Haberzettl ExpoLog GmbH or the sender have handed over the goods and the accompanying documents (§§ 408, 411, 413 HGB) in a transportable and proper condition.

2.4. Loading and unloading
The Contractor shall be responsible for loading, unloading, stowing and securing the transport goods on the vehicles. Insofar as loading and unloading is carried out by personnel of the loading point, they shall act as vicarious agents of the Contractor. The Contractor undertakes to check the loading carried out and to rectify it if necessary. Sufficient material for securing the load must always be carried and used. The load securing regulations shall be complied with by the Contractor.

2.5. Ban on loading and reloading
During the execution of transports there is a ban on reloading. The contractor is not permitted to load other transport goods, unless Haberzettl ExpoLog GmbH has expressly approved this in writing.

2.6. Parking vehicles
The contractor is solely responsible for the correct and safe parking of the vehicles. Parking of vehicles, trailers, semi-trailers and swap bodies in unguarded parking spaces is expressly prohibited and shall be deemed grossly negligent and reckless in the relationship between Haberzettl ExpoLog GmbH and the Contractor within the meaning of § 435 HGB or Art. 29 CMR.

2.7. Accompanying documents/delivery receipt
All permits and documents required for transportation shall be carried by the driver. The Contractor undertakes to perform transport services only with an appropriate transport document (consignment note, electronic consignment note or similar). The delivery of the consignment shall be acknowledged on the consignment note in a clearly legible manner, with the company stamp, signature, date as well as stating the time of unloading. In addition to the signature, the name of the consignee must be indicated in block letters.

2.8. Transport of dangerous goods
When transporting hazardous goods, the statutory regulations, in particular ADR/GGVSE, must be complied with. The equipment required by law must be carried in full. The contractor must appoint a hazardous goods officer and provide proof of this to Haberzettl ExpoLog GmbH. All drivers used must have a valid ADR certificate.

3. Use of subcontractors

Insofar as the Contractor uses third parties (subcontractors) for the execution of the order, he shall ensure that these present provisions are also complied with by his vicarious agents as well as by subcontractors used by him. In particular, the Contractor shall ensure that only carriers are used who have the necessary permits and certificates to carry out the specific transport.

4. Delivery times

4.1 The Contractor guarantees compliance with all delivery dates and deadlines agreed in the transport order. In the event of delays and other transport obstacles that jeopardize timely delivery, Haberzettl ExpoLog GmbH must be notified immediately and instructions must be obtained by telephone.
4.2 The Contractor shall compensate for any damage resulting from the omitted or delayed notification, insofar as the Contractor is responsible for such damage.

5. Control and supervision duties

The Contractor assures to have the permits and authorizations required for the respective transport of the goods. In particular, he undertakes:

according to §§ 3, 6 GüKG (permit, community license, third country permit, CEMT permit) and to carry the required documents with them during the journey. The driving personnel used must carry a trip report book in accordance with Art. 5 CEMT Directive.

Ensure that the driving personnel carry an official certificate with an officially certified translation in German in accordance with § 7b Para. 1 Sentence 2 GüKG or, in the case of cross-border transports, the documents required in accordance with the respective legal provisions of the country, with them on every transport.

to use only drivers and subcontractors with the required work permit, valid driver’s license, passport or identity card.

to comply with the regulations on driving and rest times.

to provide Haberzettl ExpoLog GmbH with the required documents upon request.

6. Liability

6.1. Exemption according to minimum wage law
The Contractor shall indemnify the Client against all claims of third parties based on a violation of its obligations under the Minimum Wage Act or on a violation of the obligations of subcontractors/sub-subcontractors or rental companies engaged by it under the Minimum Wage Act. This indemnification obligation shall apply both to liability under civil law and to fines imposed on the Client due to violations by the Contractor or subcontractors used by the Contractor. The obligation to indemnify shall expressly also apply to claims by social insurance agencies and tax authorities. A violation of these regulations entitles the client to terminate the contract immediately.

Within the scope of national transports, the Contractor shall be liable for damage to goods arising from forwarding and freight orders in deviation from § 431 HGB (German Commercial Code) with 40 units of account (SDR) for each kilogram of the gross weight of the consignment. This shall also apply to damage occurring during interim storage due to transport. In the case of cross-border transports, the Contractor shall be liable in accordance with the provisions of the respective mandatory standardized transport law.

The Contractor’s liability for exceeding the delivery period shall be governed by the statutory provisions.

The Contractor shall be liable without limitation for damage occurring within the scope of ordered storage.

The contractor shall be liable for damage to property, insofar as it is not damage to goods, and personal injury culpably caused by him in the performance of his contractually agreed service to legal assets of Haberzettl ExpoLog GmbH, the sender, the consignee and their employees, bodies or other auxiliary persons as well as other third parties to whom Haberzettl ExpoLog GmbH is legally obligated. In this context, the Contractor shall be responsible for the fault of its employees or other persons whose services it uses for the performance of its services to the same extent as for its own fault.

The Contractor shall be liable for other culpably caused pecuniary losses, insofar as these do not constitute damage caused by delay, within the statutory limits of § 433 of the German Commercial Code (HGB) during the period of custody and without limitation outside the period of custody.

The liability of Haberzettl ExpoLog GmbH is limited to the damage typically foreseeable at the time of conclusion of the contract. The above exemptions from and limitations of liability shall not apply to injury to life, limb and health, insofar as statutory liability provisions are mandatory. Furthermore, they shall not apply in the event of culpable breach of cardinal obligations by Haberzettl ExpoLog GmbH or its vicarious agents and in the event of grossly negligent or intentional breach of other obligations by Haberzettl ExpoLog GmbH. In addition, the above exemptions from and limitations of liability shall not apply if Haberzettl ExpoLog GmbH has fraudulently concealed the damage. The aforementioned limitations of liability shall also apply to any competing claims in tort, but not to claims for damages arising from injury to life, body and health, as well as those arising from mandatory statutory provisions.

7. Insurance

The Contractor undertakes to insure itself against all damage for which it is liable in accordance with the statutory provisions and these General Terms and Conditions at standard market conditions and with sufficient sums insured and to maintain such insurance cover for the entire duration of the cooperation. Any change in the contract or termination of the insurance coverage shall be notified immediately. The Contractor shall prove the existence of the insurance policies to Haberzettl ExpoLog GmbH without being requested to do so by submitting a confirmation of insurance. All insurance policies are to be presented to Haberzettl ExpoLog GmbH upon request.

The Contractor undertakes to notify his insurer and Haberzettl ExpoLog GmbH immediately in writing of any damage of any kind and to submit all documents required for the settlement of the claim without any delay.

8. Renumeration

The Contractor’s remuneration shall be based on the freight charge agreed for the individual order.

Payments shall be made within 30 working days net. The beginning of the period is the day of receipt of the invoice. The Contractor shall provide correct bank details to which Haberzettl ExpoLog GmbH shall pay with debt-discharging effect. Haberzettl ExpoLog GmbH must be notified immediately in writing of any change in bank details.

The invoice amount shall be due and payable to Haberzettl ExpoLog GmbH only after receipt of the original consignment bills, delivery bills, takeover or delivery receipts and customs documents together with the freight invoice.

Waiting times at the loading and unloading points are included in the agreed remuneration. Unless mandatory by law, demurrage charges are already included in the freight price, unless otherwise agreed with Haberzettl ExpoLog GmbH.

9. Cut-off periods

Claims for demurrage, further remuneration and reimbursement of other expenses incurred during the execution of the order must be asserted by the contractor in writing against Haberzettl ExpoLog GmbH within a preclusion period of two weeks after the agreed delivery date or the successful delivery.

10. Offsetting/retention and lien rights

The Contractor shall not be entitled to set off claims against claims of Haberzettl ExpoLog GmbH. The exercise by the Contractor of a right of retention or lien on goods handed over to Haberzettl ExpoLog GmbH or its principals for carriage is excluded, unless the claims are due and have been legally established or recognized as justified by Haberzettl ExpoLog GmbH.

Haberzettl ExpoLog GmbH shall be entitled to offset claims arising from damage incurred in the custody of the contractor against.

11. Applicable law

The law of the Federal Republic of Germany shall apply unless mandatory statutory regulations conflict therewith. This shall also apply insofar as the provisions of the CMR refer to national law.

12. Jurisdiction

The exclusive place of jurisdiction for all disputes arising from the orders between Haberzettl ExpoLog GmbH and the Contractor shall be Munich. Insofar as CMR applies, the parties agree on the above place of jurisdiction as an additional place of jurisdiction within the meaning of Art. 31 (1) CMR.

13. Final provisions

Should individual parts of these General Terms and Conditions be or become legally invalid, the validity of the remaining provisions shall not be affected thereby. All amendments, supplements and ancillary agreements must be made in writing. The same applies to this written form requirement itself. These General Terms and Conditions may be amended by Haberzettl ExpoLog GmbH at any time.