Witt Trucking Logistics GmbH

CONDITIONS GENERALES

General Terms and Conditions of Witt Trucking Logistics GmbH

1. We work exclusively on the basis of these General Terms and Conditions (GTC) and the German Freight Forwarders’ Standard Terms and Conditions (ADSp) in their latest version.


2. These GTC apply in addition to the statutory transport provisions for national transport (HGB) and the Convention for international transport (CMR). Insofar as these provisions conflict with the GTC, the latter shall not apply.


3. Only our GTC shall apply. Deviating GTC or agreements of the customer shall only apply if expressly agreed in text form in the individual case. The same shall also apply if we do not expressly object to conflicting GTC and/or if they merely supplement these provisions. In particular, any penalties not expressly agreed are generally rejected. Unauthorized charges will be charged back with a processing fee of EUR 100 and are due immediately.


4. These GTC and ADSp shall also apply to all future transactions with the customer without the need for a separate renewed agreement.

5. Our offers are subject to change until final conclusion. They are non-binding and declarations made by us with regard to the conclusion of the contract are only effective in text form. Verbal side agreements and assurances shall also only become effective if confirmed in text form.


6. By placing an order with Witt Trucking Logistics GmbH, the customer declares that they have taken note of and accepted these GTC and the conditions referred to.


7. In deviation from § 415 HGB, in the event of termination of the contractual relationship within the last 24 hours before the agreed loading time, the customer shall pay compensation in the amount of 70 percent of the contractually owed remuneration plus the expenses incurred by Witt Trucking Logistics GmbH in connection with the conclusion of the contract, unless the customer can prove that no damage or expense has occurred or that it is significantly lower than the lump sum. If the vehicle is already within a 10 km radius of the loading point on its way there, the dead freight amounts to 100 percent. In the special case that the costs incurred by Witt Trucking Logistics GmbH for expenses made and the damages incurred demonstrably exceed this amount, the customer shall owe compensation for the actual damage incurred and the expenses made.

8. Witt Trucking Logistics GmbH is generally free in the choice of the means of transport and route, unless binding agreements have been made in text form with the contractor regarding the same.


9. The transported goods shall be deemed properly delivered, even without presentation of separate proof of delivery, provided that the customer or the consignee does not report loss in writing within the statutory periods (national 20 days; international 60 days). If no written notification of loss is made within these periods, it shall be presumed that the transported goods have been delivered. Further objections, in particular the objection of non-receipt or total loss, are excluded after expiry of the period, insofar as legally permissible.


10. According to § 412 HGB, the customer shall load, stow and secure the goods in a transport-safe manner, load them and unload them. The customer shall load in accordance with the relevant legal provisions and ensure proper load securing as well as proper unloading. Actions and omissions of persons acting on behalf of the sender or consignee shall be attributed to them. It is expressly pointed out that our driving personnel are instructed not to provide assistance with loading and unloading operations. A transport-safe loading or unloading by Witt Trucking Logistics GmbH shall only take place after prior written agreement and appropriate remuneration. If the driving personnel nevertheless provide assistance and/or support, they shall act as vicarious agents of the customer. The driving personnel thereby act within the sphere of duties of the customer. Damages arising within the scope of such activity without a contractual and remunerated agreement shall not be attributable to Witt Trucking Logistics GmbH.


11. In addition to the above obligations of the customer for transport-safe loading, the customer must ensure that the goods to be transported are packaged or that individual or loose parts are secured in such a way that they are not damaged during proper and customary transport.


12. Transport-appropriate packaging is the responsibility of the customer. Furthermore, the customer must ensure that goods and packaging are such that they can be properly secured.


13. The customer must ensure that the goods to be loaded do not permanently damage or contaminate the trailer. The trailer shall also be deemed contaminated if the goods emit odor that requires complete cleaning of the trailer. These costs shall then be borne by the customer.


14. Furthermore, the customer shall be liable for ensuring that the ground, space, and other conditions at the place of use as well as the access routes – excluding public roads, paths and places – permit proper and safe execution of the order. In particular, the customer shall be liable for all information regarding underground cable shafts, supply lines, other underground lines and cavities that may affect the load-bearing capacity of the ground at the place of use or the access routes. The customer must indicate the location and existence of underground lines, shafts and other cavities without being requested to do so. If the customer fails to provide such information, they shall be liable for all resulting damages, including material damage and consequential damage, as well as financial losses to vehicles, equipment and working devices of the contractor. Information and declarations of third parties used by the customer to fulfill their obligations shall be deemed declarations of the customer.


15. Witt Trucking Logistics GmbH reserves the right to transship partial consignments for the purpose of avoiding empty kilometers and optimizing delivery interests even without prior agreement with the customer.


16. Witt Trucking Logistics GmbH reserves the right to use tractor units and driving personnel from subcontractors.


17. Acceptance by number of pieces shall only be guaranteed to the extent that the driving personnel supervise the loading and the packages are countable with reasonable effort. In the event that the number of packages exceeds 10 per pallet, only the acceptance of pallets shall be acknowledged.

18. We expressly refer to the limitations of liability of the ADSp, the HGB as well as the CMR. Further information can be found in the respective conditions.


19. If only individual transported goods or parts of a shipment have been damaged or lost, the maximum amount of liability shall be calculated based on the gross weight of the lost or damaged part of the shipment. The gross weight of the entire shipment shall only be decisive in the case that the damage or loss has devalued individual goods to such an extent that the entire shipment as a whole has been devalued.


20. In the case of loading goods which are stored outside enclosed spaces and later loaded, Witt Trucking Logistics GmbH shall not make any notes on the CMR regarding moisture or similar.

21. Fixed dates shall be considered as guideline dates. They are not to be interpreted in the sense of a “special delivery interest”. Witt Trucking Logistics GmbH will plan the tours with commercial diligence in such a way that fixed dates are adhered to. However, as delays that cannot be influenced may occur on the route and especially in the case of partial consignments (traffic jams, problems and waiting times during loading and unloading), Witt Trucking Logistics GmbH shall not be liable for fixed dates not being met.


22. If a special delivery interest exists, it must be designated as such by name in writing and agreed, as well as remunerated accordingly.

23. As a general rule, the following demurrage regulation shall be deemed agreed: For waiting times for loading or unloading of up to 6 loading meters, one hour shall be free of demurrage, for more than 6 loading meters two hours shall be free of demurrage. Longer waiting times shall be charged at EUR 65 per commenced half hour. From 5 hours of demurrage-relevant waiting time, the daily rate of EUR 460 shall be due. If, due to demurrage-relevant waiting time, final loading of the truck is no longer possible before a weekend, a weekend demurrage of EUR 820 shall be due. Instead of hourly, daily or weekend demurrage, Witt Trucking Logistics GmbH reserves the right to unload the goods at a freight forwarder and to arrange a second delivery at the expense of the contractor. The renewed delivery shall only take place after written cost confirmation by the customer.


24. The waiting time starts upon entering the premises of the consignee and ends upon leaving them.


25. Waiting times during customs clearance shall be assigned to loading or unloading times.


26. Waiting times related to the exchange of Euro pallets or inspection of the goods shall also be assigned to loading or unloading times.


27. Collections and deliveries at sheds, port warehouses and similar locations usually require special acceptance documents which the driving personnel must carry. In addition to the standard waiting costs, Witt Trucking Logistics GmbH shall generally charge a flat expense fee of EUR 65 in the event of missing documents.


28. In the case of short-term address changes, the resulting additional time expenditure shall also be charged according to the above demurrage regulation.


29. Furthermore, after arrival at the unloading location, reimbursement of additional kilometers of EUR 2.00 each shall be charged for the distance between the agreed unloading location, the new unloading location as well as the return trip to the agreed loading location (alternatively EUR 4.00 per km on the one-way route).


30. Analogously, address changes of the unloading location within 24 hours before loading shall be handled. Additional kilometers shall be charged at EUR 2.00. The tour shall always be charged up to the agreed unloading location. The waiting costs shall also apply.


31. Address changes of the loading location within a radius of 20 km shall, if the vehicle is already within a 10 km radius of the loading location on its way there, be charged with a flat rate of EUR 150. The demurrage regulation shall also apply.

32. Pallets shall only be exchanged if the exchange has been explicitly agreed in writing in the order (Euro pallet exchange shall not be deemed agreed as standard contrary to deviating GTC). In case of doubt, the pallets shall be deemed exchanged concurrently. It is expressly agreed that the burden of proof of a non-exchange lies with the customer. Otherwise, the documentation of the exchange on the CMR is sufficient pursuant to Article 4 CMR in conjunction with Article 6. Pallet notes are not required in this case and can only be provided upon prior explicit agreement and remuneration. Withholding payment due to missing documents other than the CMR consignment note (also pallet notes) is not permitted.


33. If pallets are to be exchanged and the planned truck does not carry any pallets, Witt Trucking Logistics GmbH reserves the right to return these within 8 weeks after transport to the loading location or to the customer, depending on which location is more favorable to avoid empty kilometers. Pallet accounts and invoices shall only be deemed delivered and can only be processed if they are sent digitally to invoice@witttrucking.de. Pallet balances shall only be deemed accepted after explicit confirmation. Unauthorized pallet invoices shall be charged back immediately with a processing fee of EUR 50. Unreasonable pallet costs of more than EUR 5.50 can only be charged after prior explicit agreement and shall otherwise be rejected as a lump sum. Please note that claims arising from pallet differences must be asserted in writing immediately, but no later than within 30 days after the respective transport. Claims asserted later shall be excluded insofar as legally permissible. Insofar as claims from transport contracts are concerned, the limitation provisions of § 439 HGB (1 year) shall apply in addition.


34. If, in the case of a transport in which pallets were exchanged concurrently at the loading location, no pallets are returned at unloading, the customer is obliged to deliver the pallets to Witt Trucking Logistics GmbH within 4 weeks. Alternatively, the pallets shall be charged at EUR 25 per Euro pallet or EUR 130 per cage pallet plus EUR 25 processing fee.

35. The freight remuneration is due upon delivery of the transported goods pursuant to § 420 para. 1 HGB. Deviating payment terms shall only be recognized if expressly agreed and may not exceed 30 days from delivery. Upon expiry of the payment term, default shall occur pursuant to § 286 BGB. In the event of default, the customer shall bear the statutory default interest as well as the lump sum pursuant to § 288 para. 5 BGB.


36. As a general rule, self-billing is objected to. We generally issue invoices and these are due for payment within 30 days after receipt. Deviating provisions are hereby expressly objected to. We point out that we only send documents by email, together with the invoice and at the latest 14 days after delivery. An express POD can be ordered for a processing fee of €50. The processing (submission) in customer-specific portals can be carried out by us for a processing fee of EUR 37 upon prior explicit agreement.


37. The CMR consignment note serves as proof of the conclusion of the contract of carriage pursuant to CMR Article 9 until proven otherwise. It is therefore sufficient as proof of delivery. Further documents are not necessary and can only be provided upon prior explicit agreement and remuneration. Withholding payment due to missing documents other than the CMR consignment note is not permitted. Documents shall only be provided as copies/scans. Originals can be requested by the customer for a processing fee of EUR 45.


38. Set-off of claims is generally objected to. Exceptions must be expressly agreed in individual cases. In the event of violations, a processing fee of EUR 50 shall be due.


39. The limitation period for transport contracts shall be three years pursuant to Art. 32 para. 1 CMR and §435 HGB if the damage is attributable to intent or fault equivalent to intent on the part of the debtor. Such intentional or equivalent conduct shall be assumed in particular if due and undisputed claims are not settled despite reminders and reasonable deadlines or if the debtor does not respond to repeated payment requests.


40. We expressly point out that in the case of transports with a connection to France and thus within the scope of application of the Loi Gayssot (Article L132-8 of the French Commercial Code), the mandatory provisions set out therein shall apply. This applies in particular in the event of late payment of due claims. In this context, direct liability of the consignor, sender and consignee may arise, so that they may be contacted directly on this basis without delay.

41. For all claims arising from the respective transport contract, the contractor shall have a statutory lien on the transported goods in its custody pursuant to § 441 HGB.


42. The lien secures, in addition to the freight, all claims related to the transport, in particular demurrage, storage costs, expenses as well as other ancillary costs.


43. The lien shall also extend to all claims arising from the ongoing business relationship between contractor and customer, insofar as legally permissible (extended lien).


44. The contractor is entitled to retain the transported goods until full settlement of the secured claims. If no payment is made despite reasonable deadline, the contractor is entitled to realize the lien in accordance with statutory provisions.


45. The customer assures that they are entitled to dispose of the goods subject to the lien and that no third-party rights oppose this.

44. These GTC shall be governed by the law of the Federal Republic of Germany.


45. The exclusive place of jurisdiction for merchants within the meaning of the HGB is Hamburg.


46. If no objection to these GTC is raised within 2 hours after notification (email, order confirmation etc.), they shall apply exclusively under the above conditions.


47. If individual parts of these GTC are invalid or not applicable in individual cases for contractual or legal reasons, all other provisions shall remain unaffected in deviation from § 139 BGB.


48. These General Terms and Conditions supplement the applicable national and international transport law. Mandatory statutory provisions, in particular those of the German Commercial Code (HGB), the CMR, as well as corresponding transport law regulations of other countries (e.g. the Loi Gayssot, Article L132-8 of the French Commercial Code), shall remain unaffected and shall prevail over GTC in the event of a conflict.