General Terms and Conditions of VONEXIO Logistik & Fulfillment GmbH including the
German Freight Forwarders’ Standard Terms and Conditions ADSp as well as the Logistics General Terms and Conditions
preamble
VONEXIO GmbH bases its GTC on the German Freight Forwarders’ Standard Terms and Conditions and the Logistics GTC. The General Forwarding Conditions are recommended for use by the Federation of German Industry, the Federation of German Wholesale and Foreign Trade, the Federal Association of Freight Forwarding and Logistics, the Association of German Chambers of Industry and Commerce, the Federation of German Retailers. Particularly with regard to additional services within the scope of logistics, the logistics GTC primarily regulate the principles of cooperation, the obligations of the contracting parties in the execution of the contract and the liability – limited in terms of amount – of the Contractor in the event of poor performance. The German Freight Forwarding and Logistics Association (Deutscher Speditions- und Logistikverband e.V.) published these in 2006 and recommends their use in business transactions. VONEXIO GmbH is not a
Forwarding company within the meaning of the ADSp, which independently carries out transports. It always arranges transport services on behalf of the client.
1. Contents
In addition to these agreements, our transactions are based on the German Freight Forwarders’ Standard Terms and Conditions (ADSp), as well as the Logistics General Terms and Conditions, as amended from time to time, and shall be deemed an integral part of our General Terms and Conditions.
2. Incoming and outgoing goods; reporting
2.1. VONEXIO GmbH undertakes to send reports to the client on receipt and dispatch of goods. These are transmitted via the interface to the client’s system or by e-mail. Usually daily at the end of the day of the system.
2.2. The client undertakes to constantly check
the accuracy of the transmitted data. If the Customer does not object to the transmitted data within 3 working days, the actual stock levels or the transmitted goods movements transmitted via the interface shall apply. The client is then no longer entitled to claims against VONEXIO GmbH arising from shortages.
2.3. In all other respects the provisions concerning the liability of the forwarder / contractor of the ADSp and the Logistics GTC shall apply. In particular, the regulations on qualified fault shall remain unaffected.
3. Customs clearance; costs
3.1. In addition to the costs for customs clearance, the client shall bear all fines and import duties incurred in connection with the order and for which VONEXIO GmbH is not responsible.
3.2. In all other respects the provisions of the ADSp shall apply.
4. Insurance of the goods
4.1. VONEXIO GmbH will arrange insurance of the goods (e.g. storage insurance) with an insurer of its choice if the client explicitly instructs it to do so before handing over the goods. In principle, the goods must be insured by the client and registered as an external warehouse with the client’s insurer.
4.2. In all other respects the provisions of the ADSp shall apply.
5. Liability insurance of VONEXIO GmbH
5.1. VONEXIO GmbH is not obliged to take out liability insurance with an insurer at standard market conditions, as VONEXIO GmbH is not a forwarding agent in the sense of the ADSp and exclusively arranges transports.
5.2. The forwarding agents arranged by VONEXIO GmbH, which are required for the transport of the goods, are subject to the liability insurances of the ADSp.
5.3. At the request of the customer, VONEXIO GmbH must provide proof of this liability insurance coverage by means of a confirmation from the contracted freight forwarder.
5.4. In case of an insurance claim, VONEXIO GmbH assigns this claim to the client in value and implementation.
6. Liability limits
6.1. In addition, it is agreed that paragraph 27 ADSp does not extend the liability of VONEXIO GmbH or the attribution of the fault of people or other third parties in deviation from legal regulations such as Art. 25 MÜ, Art. 36 CIM, Art. 21 CMNI, § 660 HGB in favor of the customer.
7. Remuneration
7.1. The services invoiced by VONEXIO GmbH are always to be paid in EURO. If the services are paid in foreign money, the Client shall bear any fees of the payment institutions. These will be invoiced separately, unless already included in advance by the client in the third-party payment.
8. Individual agreements
8.1. The contracting parties are at liberty to make agreements deviating from these GTC and the included components.
9. Jurisdiction, applicable law
9.1. The place of jurisdiction for all legal disputes arising from or in connection with the contractual relationship is Cologne.
9.2. The legal relations between the Freight Forwarder and the Customer or his legal successors shall be governed by German law.
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