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Terms And Conditions

General Terms and Conditions of TFG Transfracht GmbH

§ 1 scope of application

These terms and conditions apply to all legal relationships from and in connection with contracts for the transport of loading units that are concluded with TFG. The prerequisite is that the client

  • is an entrepreneur and the business belongs to the operation of his trade or
  • is a legal entity under public law or a special fund under public law.

§ 2 Deviating agreements

Agreements that deviate from these terms and conditions must be set down in writing. The client's terms and conditions that conflict with these terms and conditions only apply in relation to TFG if TFG expressly agrees to them in writing.

§ 3 freight contract, dates, delivery times

(1) The freight contract comes about through the order of the client and the acceptance by TFG. The acceptance is completed if TFG does not object to the order within a reasonable period; precise deadlines require the express consent of TFG. However, if deadlines are required due to the product, the special conditions of the product apply in deviation from Section 3 (1) sentence 2 of these general terms and conditions.

(2) TFG is entitled to agree delivery dates with the shipper and delivery dates with the final recipient within the framework of the order placed. If this results in additional costs, in particular those for parking the loading unit, the client must be informed; these additional costs are always borne by the customer.

(3) The statutory provisions apply to the delivery periods. The times stated in the timetables are not delivery times.

§ 4 Duty to provide information

(1) The client must provide TFG with the necessary information in writing about the goods loaded in the loading unit and the transport.
He must hand over to TFG the documents required for the customs and / or other official treatment to be carried out before the goods are delivered (accompanying documents) and to provide all the necessary information. When dealing with foreign-language countries, the client must provide all necessary translations, including through-lines, on request.

(2) The client is responsible for the correctness of the information provided by him and the correctness of any translations as well as the completeness of the papers. TFG is not obliged to check the information or the information given to it or the papers for correctness and completeness. The client is liable for all consequences resulting from the absence, incorrectness, inaccuracy, incompleteness of information or an incomplete or late transmission of the same, even through no fault of one's own; the same applies to information provided. This excludes damage that is caused by TFG.

(3) TFG does not confirm to the client by accepting the loading unit, the papers or the data transmitted by him that the delivered loading unit and the goods loaded therein are undamaged and that the type and number of the loaded goods with the details of the The client.

§ 5 dangerous goods

When transporting dangerous goods, the client is obliged to provide all the necessary information and to comply with all national and international regulations.

The customer shall be liable for all consequences of non-fulfillment or poor fulfillment of the transport regulations by himself and the vicarious agents employed by him or his customer, such as shippers. He releases TFG from all consequences of damage.

Liability does not apply if TFG has acted willfully or through gross negligence.

Section 6 Customs and other administrative regulations

The client is solely responsible for compliance with customs and other administrative regulations. This also applies if TFG takes over the customs clearance or other handling of the goods in front of an administrative authority for the client.

§ 7 takeover and return of loading units

(1) Loading units are to be examined by the customer for defects upon acceptance. If the loading units provided are damaged or not suitable for the transportation of the goods, they must be rejected immediately. The client is liable for all damage that can be attributed to the loading of an unsuitable or defective loading unit.

(2) The customer must ensure that the loading units given to him after unloading are returned to the agreed place in perfect and traffic-safe condition, without residues of the cargo. If it is determined upon return that the loading units are not in a perfect and safe condition, the necessary remedial work will be carried out at the expense of the customer, who must also bear the rent that continues during this period.

(3) The customer is responsible for ensuring that the loading units are operationally and traffic-safe and suitable for the cargo at the time of the takeover by TFG and that they comply with the applicable legal and technical regulations.

(4) The customer shall be liable for all damage resulting from unsuitability, inadequate operational or traffic safety, non-compliance with the regulations or damage to the loading unit. This does not apply as far as there are defects in a loading unit that was made available by TFG and the defects already existed at the time of handover to the client or the person named by him, but were not recognizable for them / p>

§ 8 packing, stowing the goods, loading and unloading the loading units

(1) The customer must safely pack and store the goods to protect against loss or damage and to prevent damage to people, equipment or other goods. The regulations, guidelines and standards for the packaging and stowing of all means of transport considered for the transport of the loading unit must be observed. The client bears all the consequences of the absence and inadequacy of packaging or stowing the goods. He is liable to TFG for all damage caused through no fault of his own, unless the defect was obvious or TFG was aware of when the loading unit was taken over. However, TFG is not obliged to check the loading method, packaging and stowage of the goods and load securing when taking over the loading unit.

(2) On the basis of a special agreement, the client can load the loading unit onto the means of transport initially used or have the recipient unload it from the last means of transport used. The client and recipient must observe the regulations and instructions of the respective carrier. The consequences of inadequate loading and unloading of loading units are borne by the customer or the recipient, unless they are caused by incorrect regulations and instructions from the carrier.

(3) If goods are loaded in one loading unit for several unloading points, these must be separated and secured in individual lots so that they cannot be mixed up and the goods or partial lots remaining in the loading unit are loaded for transport and adequately secured against damage. Even after partial unloading, the operational and traffic safety of the loading unit must always be guaranteed.

TFG is not liable for partial games being taken over by the correct recipient.

§ 9 Acceptance for carriage

(1) Insofar as the loading unit is loaded by TFG or its vicarious agents, the time when the loading unit begins to be loaded onto the means of transport initially used shall be deemed to be the acceptance; loading begins with the connection between the charger and the charging unit.

(2) Insofar as the loading is carried out by the customer or his vicarious agents, the time of correct placement of the loading unit on the means of transport initially used is deemed to be acceptance; putting on takes place as soon as the loading device and loading unit are separated.

(3) If the loading unit is still to be loaded with goods after loading in accordance with paragraph 1 or 2, the goods have been accepted at the end of loading and the loading unit has been taken over by TFG.

§ 10 delivery

(1) With the delivery of the loading unit or goods to the final recipient (delivery), the obligation to transport is fulfilled and the liability period of TFG ends in accordance with § 13. The final recipient must confirm receipt of the loading unit or goods in writing. If the final recipient does not accept the loading unit or refuses to confirm it in writing, the obligation to transport and the liability period are still considered to be ended; this also applies to partial acceptance of the shipment.

(2) As far as the loading unit is unloaded by TFG or its vicarious agents, delivery is deemed to be the time of the end of the proper unloading of the last used means of transport; discharging is complete as soon as the charger is disconnected from the charging unit.

(3) As far as the loading unit is unloaded by the recipient or his vicarious agent, delivery is deemed to be the time at which the unloading of the means of transport most recently started; unloading begins with the connection between the charger and the charging unit.

(4) If goods are to be unloaded before the loading unit is unloaded, the goods are delivered when the doors of the loading unit are opened.

§ 11 parking of the loading unit

(1) If the loading unit is parked, storage contract law applies. TFG's liability is based on the proven damage to the loading unit and the goods, up to an amount of? 5, - per kg gross weight of the damaged or lost part of the loading unit and / or on the load - from the 11th working day of storage to a maximum of 2 accounting units within the meaning of Section 431 (4) HGB. Otherwise, Section 13 Paragraph 2 applies accordingly.

(2) TFG is liable in accordance with § 13 of these general terms and conditions for damage during operational or traffic-related stops, i.e. those between acceptance for transport and delivery, which are not based on the wishes of the client or recipient.

(3) If empty loading units are parked, the amount of TFG's liability is limited to the market value, at most to an amount of? 5, - per kg weight of the empty loading unit.

§ 12 presumption of loss

For the occurrence of the presumption of loss in accordance with Section 424 (1) HGB, there is a uniform period of 30 days after the delivery period for domestic and cross-border traffic.

§ 13 liability for damage to goods

(1) TFG is liable for damage to goods that occurs in the time from acceptance to transport to delivery to the loading unit and the load. TFG must be given the opportunity to view the damage.

(2) If loading units and / or other goods are to be transported in national traffic according to the freight contract, § 431 HGB applies.
However, TFG's liability is in any case for each loss event to an amount of? 1,000,000, or two units of account for each kilogram, whichever is greater, even if the same event caused more damage. The above limitation of liability does not apply to consumers in the sense of § 449 HGB.

(3) If loading units or other goods are transported across borders, the obligation to pay compensation is based on the liability regulations, which apply by force of law to the transport section in which the damage occurred.
If the stage of transport in which the damage occurred cannot be determined, TFG is liable according to the rules of multimodal transport in accordance with §452 HGB.

§ 14 unlimited liability

Contractual exclusions and limitations of liability according to these conditions do not apply if the damage of TFG is caused by intent or gross negligence on the part of its organs, executives or vicarious agents or by gross negligence on the part of the organization.

§ 15 complaint about freight and costs

The complaint regarding freight, additional charges and other costs can only be made within 6 weeks after receipt of the invoice. The documents required for verification are to be submitted on request.

§16 payment, interest and offsetting

(1) All invoices from TFG are due immediately upon receipt without deduction in the currency specified in the invoice.

(2) The customer is obliged to pay in any case. If the payment is to be made by another on the basis of a special agreement, the obligation of the client remains unaffected until full payment of the remuneration.

(3) TFG is entitled to demand interest of 8% above the basic interest rate from delay.

(4) Offsetting or retention against claims by TFG is excluded, unless the counterclaim is undisputed or legally established.

§ 17 Electronic data transmission and processing

(1) Insofar as written form is stipulated in these General Terms and Conditions, the transmission of defined data records in the context of electronic data processing is equivalent to this requirement. Data transmission protocols in electronic data exchange only confirm the transmission of the data.

(2) The execution and binding nature of an electronic exchange of contract and performance data is regulated with the client in a separate contract.

(3) The data required to complete the orders are saved. This is a notification according to §33 Federal Data Protection Act.

(4) TFG is entitled to pass on transport-related data for the purpose of fulfilling administrative and customs procedures.

§ 18 choice of law and jurisdiction

German law applies. The place of jurisdiction is Frankfurt am Main.

Section 19 Severability Clause

If a provision is ineffective, the validity of the remaining provisions is not affected. The ineffective provision is replaced by the legally permissible provision that comes as close as possible to the will of the party.

These general terms and conditions are available in German and English. If in doubt, the German version applies.

As of July 1st, 2003

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