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General Terms and Conditions of Business
of A.R.T. Logistics GmbH
As at: 01.04.2011
§ 1. Scope of application and inclusion of German Freight Forwarders' Standard Terms and Conditions
  1. The General Terms and Conditions of Business and the German Freight Forwarders' Standard Terms and Conditions (hereinafter referred to as ADSp) in the version that is valid at the time - currently the version dated 01.01.2003 - shall apply to all supplies and services of A.R.T. Logistics GmbH unless these are waived by the regulations of the General Terms and Conditions of Business. The mandatory provisions established by law for AGBs are not affected by this and take precedence over the General Terms and Conditions of Business and the ADSp. These mandatory provisions are in particular the provisions of the CMR, the Warsaw Convention, the Montreal Convention, the CIM, the CMNI and the German Commercial Code (HGB). Furthermore the provisions of the HGB shall apply.

  2. By entering into a contractual relationship with A.R.T. Logistics GmbH the trader expressly submits to the terms of the ADSp in the version that is valid at the time and to the terms of the General Terms and Conditions of Business of A.R.T. Logistics GmbH. At the same time the contracting party expressly declares that this is to the exclusion of his own General Terms and Conditions of Business.

§ 2. Formation of the freight contract, delivery periods
  1. The freight contract is formed by the customer's order and its acceptance by A.R.T. Logistics GmbH. The order is deemed to have been accepted unless A.R.T. Logistics GmbH objects to it immediately.

  2. If scheduled dates are specified by the customer, this shall require express approval from A.R.T. Logistics GmbH as, pursuant to 11.1. ADSp, in the absence of an agreement to the contrary, no loading or delivery periods are guaranteed.

  3. A.R.T. Logistics GmbH is entitled to agree the loading and unloading times with the customer. A reasonable duration within the meaning of § 412 II HGB shall only apply if nothing to the contrary is stipulated. If due to the loading or unloading time, A.R.T. Logistics GmbH incurs additional costs, these can be claimed from the customer. A.R.T. Logistics GmbH is entitled to demurrage within the meaning of § 412 III HGB.

  4. The delivery periods are determined by the statutory provisions. The timetables do not constitute an agreement about the delivery period within the meaning of § 426 HGB.

§ 3. Disclosure duties
  1. In addition to the disclosure duties within the meaning of Subsection 3 ADSp, the customer shall inform A.R.T. Logistics GmbH in writing about the weight of the freight in the container. The data given in the order pursuant to Subsection 3 ADSp and in the other communications sent to A.R.T. Logistics GmbH shall be included by A.R.T. Logistics GmbH in the respective transport document (CMR bill of freight, waybill, inter-container transfer note, SMGS bill of freight, bill of freight CIM/SMGS).

  2. The customer is responsible for the correctness and accuracy of the information provided by him in the order and in other communications, for any possible translations and for the completeness of the documents.

  3. In addition to the liability in accordance with § 414 HGB, the customer must, even when no blame can be ascribed to him, reimburse A.R.T. Logistics GmbH for damages and expenses that ensue from missing, incomplete, incorrect or inaccurate data, or as a result of data being sent late or with parts missing.

§ 4. Packaging and labelling obligation on the part of the customer, loading and unloading obligations, taking over of freight
  1. customer is responsible for loading goods in such a way that they can be transported safely and for unloading them in accordance with § 412 I HGB. In addition to his packaging obligation in accordance with § 411 HGB, the customer is responsible for lead-sealing and for taking out transport insurance.

  2. The customer is responsible for determining the quantity of goods and their weight and for checking the number of packages. The regulation governing interface control by A.R.T. Logistics GmbH within the meaning of Subsection 7.1.1. ADSp is not affected by this.

  3. A.R.T. Logistics GmbH shall take over the freight using a lorry driven on behalf of A.R.T. Logistics GmbH in the event of road transport. The loaded container shall be collected at the loading point (if there are several loading points collection is deemed to be at the last loading point) or, if the loaded container is to be carried by rail, at a container terminal stipulated in the respective freight quotation. A.R.T. Logistics GmbH shall not pat any AGL charges (railway terminal charges from the loader's private railway depot to the public railway depot).

§ 5. Delivery and receipt

Pursuant to § 368 German Civil Code (BGB), the ultimate consignee is obliged to confirm receipt of the goods, if requested by A.R.T. Logistics GmbH, by means of a written acknowledgement of receipt (receipt). If the ultimate consignee does not accept the unit load and the goods or if he refuses to confirm receipt in writing, delivery is deemed nevertheless to have been made with discharging effect. This shall also apply in the event that the consignment is partially accepted.

§ 6. Presentation to customs

The order only covers presentation of the container to customs by A.R.T. Logistics GmbH if this was agreed separately and agreement was issued 3 (three) working days before the loading date. If the agreement is issued less than 3 working days before the loading date, A.R.T. Logistics GmbH shall not assume any risk for presentation to customs in good time. The customer shall bear all the costs incurred if the goods are not loaded as a result.

§ 7. Invoices, terms of payment, right of retention

  1. The freight invoices are due for payment when transportation begins. Pursuant to § 286 III BGB, the customer falls into arrears at the latest if he does not pay within 30 days following due date and receipt of an invoice or an equivalent payment schedule. A.R.T. Logistics GmbH is entitled to ask for payments in advance and this includes an amount that equates in full to the invoice value.

  2. If A.R.T. Logistics GmbH accepts cheques, bills of exchange or other promises to pay, these shall only be accepted as conditional payment.

  3. If the demand for payment based on a contract between traders is not honoured despite payment being due, A.R.T. Logistics GmbH is entitled, pursuant to § 353 HGB, to charge interest at a rate of eight percentage points above the base lending rate of the Deutsche Bundesbank from the date that payment was due.

  4. Payments to A.R.T. Logistics GmbH shall always be made in Euro.

  5. The contracting party is only entitled to offset a claim for payment by A.R.T. Logistics GmbH or to enforce a lien, if the counterclaims have been legally established or are undisputed.

§ 8. Additional costs / Total Loss costs

  1. Free time for discharge of COC-Container (Rental Container) at final destination: 1 working day. Thereafter we will charge EUR 5/ day/ Container.

  2. For non-redelivered COC-Container (Rental Container) within 30 calendar days at the final destination, we will charge: EUR 1500/20' and EUR 3000/40' and EUR 6000/40'Reefer total loss value.

  3. A.R.T. Logistics GmbH is not liable for loss or damage of goods in Open-Top-Container (analogue CIM art. 23 § 3 resp. SMGS art. 23 no.5)

§ 9. Termination of the contract

  1. The consignor can terminate the freight contract at any time.

  2. If notice of termination reaches A.R.T. Logistics GmbH three working days before the loading date, the customer will not be charged any costs by A.R.T. Logistics GmbH.

  3. If notice of termination reaches A.R.T. Logistics GmbH less than three working days and more than 24 hours before the loading date, then, by derogation from § 415 HGB, the customer will be charged 20% of the agreed freight as a flat charge for processing and expenses.

  4. If notice of termination reaches A.R.T. Logistics GmbH less than 24 hours before the loading date, then, by derogation from § 415 HGB, the customer will be charged 33% of the agreed freight as a flat charge for processing and expenses.

  5. Notice of termination requires the written form.

§ 10. Storing and passing on data

A.R.T. Logistics GmbH is entitled to store the customer's data for the purposes of performing the contract and to pass it on for the purposes of processing under customs law.

§ 11. Liability

  1. The transport law that applies to the respective route governs the liability of A.R.T. Logistics GmbH, that is, for road transport: HGB, CMR; for carriage by rail for the route, place of departure Western Europe to the CIS border: COTIF, CIM and for the CIS route: SMGS regulations; for sea transport: Hague - Visby Rules. HGB.

  2. As regards regulating the liability of A.R.T. Logistics GmbH, reference is made in particular to the clauses covering Liability and Limitations of Liability contained in Subsection 22 ff. ADSp.

§ 12. Applicable law and place of jurisdiction

German law shall apply as agreed. The place of jurisdiction is Frankfurt am Main (Germany).

§ 13. Severability clause

If a provision contained in the contract is invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally permissible provision that comes closest to what the contracting parties wanted.