General transport order terms and conditions
The following terms and conditions for transport orders are an essential part of the freight contract between the company PMB Logistics GmbH & Co. KG / CROSS Logistics GmbH & Co. KG and the carrier.
These are the transport terms and conditions of PMB Logistics GmbH & Co. KG / CROSS Logistics GmbH & Co.KG. They apply to all contracts between PMB Logistics GmbH & Co.KG / CROSS Logistics GmbH & Co.KG, hereinafter referred to as the freight forwarder, and the respective carrier. The transport order terms and conditions apply in the current version and can be viewed by the carrier at any time on the website www.betz-holding.com / www.cross-logistics.de.
II. Applicable Law
German law (Commercial Code (HGB)) applies to the freight contract. The provisions of the CMR apply in particular to cross-border transport.
III. Transport permits
The carrier is obliged to obtain all necessary transport permits (visas, transit permits, etc.) in good time before the start of the journey. The existence of all necessary permits is an essential primary obligation of the freight contract on the part of the carrier.
IV. Obligations when loading
The carrier is responsible for the proper loading of the freight. The goods must be loaded safely for transport and traffic and secured against damage. If the loading staff does not follow the instructions of the carrier, the freight forwarder must be informed immediately and the loading process must be stopped.
In the case of refrigerated transport, the carrier or its driver is obliged to check all door seals for leaks before starting the journey.
The carrier or its driver is obliged to check and record the takeover temperature. If the takeover temperature does not correspond to the specified temperature, the carrier/driver must stop loading and inform the forwarding agent immediately. Only with the consent of the forwarding agent may further loading be carried out.
The carrier/driver is obliged to ensure adequate cold and warm air circulation. The carrier/driver must ensure that the refrigeration unit does not become clogged. If the vehicle does not have a “Kaiserboden”, air circulation must be ensured by laying pallets. In addition, the carrier is obliged to check the correct positioning of the double-deck beams before starting the journey. The carrier is responsible for the above type of loading.
If the transported goods are refrigerated loads, the carrier is obliged to switch on the temperature recorder. The logs of the temperature recorder are to be sent to the forwarding agent together with the waybill.
After loading, the carrier/driver must seal the vehicle immediately.
The carrier is obliged to carry the ATT certificate and the FRC protocol/certificate with him/her during transport.
V. Start of transport and delivery
Unless otherwise agreed, the journey must begin immediately after loading. If no route has been specified, the fastest or shortest route must be selected.
If the goods to be transported are not accepted by the carrier for reasons for which the carrier is responsible, or not accepted in time (fixed deadline) for transport, or if the carrier does not notify the freight forwarder in good time that it is not possible for them to take over the transport or not in time, the freight forwarder is entitled to demand compensation of at least € 500.00.
The same applies in the case of delayed delivery of the goods to the recipient.
The carrier reserves the right to assert further claims for damages, taking this amount into account. However, the carrier is permitted to prove that no damage has occurred or that the damage was less than that claimed in the flat rate.
VI. Ban on reloading and additional loading
Unless otherwise agreed, a general ban on loading and additional loading applies to all freight.
VII. Partial load
In the event that it is not possible to take over the number of pieces, the forwarding agent must be informed immediately. A note by the carrier on the waybill does not release it from liability.
VIII. Liability insurance
In any case, the carrier is obliged to insure the freight in the amount of the maximum liability according to the CMR. It is also obliged to pay the premiums on time. The carrier is obliged to send a copy of the insurance policy to the forwarding agent within three days upon request. For transport within Germany, a liability of 40 SZR/kg is agreed with regard to the liability of the carrier for loss of or damage to the transported goods, in deviation from § 431 Commercial Code (HGB).
IX. Supervision obligations
When the journey is interrupted, loaded vehicles may only be parked in guarded parking areas. If the parking area is not supervised, the carrier or a vicarious agent must remain with the vehicle.
In cross-border freight transport, the vehicle must be equipped with two anti-theft devices that function independently of each other.
The carrier is obliged to document the delivery of the freight (waybill, bill of lading, delivery note). It must ensure that the bill of lading and delivery note are signed and stamped by the recipient. If the recipient refuses to acknowledge receipt, the carrier must immediately obtain the instructions of the freight forwarder.
XI. Invoicing and freight charges
The freight charges are due for payment after invoicing. The freight forwarder has a right of retention if the carrier does not present the original receipted waybill, the delivery note or other receipt in the original when the invoice is issued. Transmission by fax or email will not be accepted.
The agreed term of payment is 60 days after receipt of the invoice by the carrier, upon presentation of all stamped and signed original proof of delivery (CMR, delivery notes, pallet slips, customs documents, etc.).
The receipted shipping documents, pallet slips, as well as the stamped export declarations and customs documents from third-country journeys must be submitted in advance to PMB Logistics GmbH & Co. KG or CROSS Logistics GmbH & Co. KG by fax or email within 5 calendar days after delivery of the goods. If the submission is later or incomplete, the carrier is entitled to charge a processing fee of €50.00. The original papers must be submitted immediately with the freight invoice by post.
4 hours are free of demurrage for loading and unloading. In addition, demurrage will only be reimbursed by the freight forwarder if there is a separate certificate from the loading or unloading point, the customs agent or another person authorised to represent the goods, a confirmation with date, time, stamp and signature. No changes or eliminations may be made on the confirmation.
Demurrage can only be recognised if the vehicle of the carrier has arrived at the loading or unloading point by 09:00 at the latest (unless a different time has been expressly agreed) and this has been confirmed by the sender/recipient. A maximum demurrage of €250.00 per day is agreed for a refrigerated truck and a maximum demurrage of €220.00 per day for a tarpaulin truck. Saturdays, Sundays and public holidays in the respective country are free of charge and are not remunerated separately.
XIII. Exchange of pallets
Euro pallets are to be exchanged. The corresponding fee for assuming the obligation to exchange the pallets is already included in the agreed freight flat rate.
The obligation is only relieved by presenting a separate pallet slip or another separate document with which the exchange or return of the pallets is clearly confirmed by the sender/recipient with a stamp and signature. If such a separate document is not submitted, you will initially be charged an amount of €22.50 per Euro pallet plus €15.00 processing fee per delivery as rebuttable damages. However, you are permitted to prove that no damage has occurred or that the damage was less than that claimed with the flat rate. If the pallets are returned within a period of 4 weeks from the loading date, the pallet invoice will be credited. If the documents submitted with the freight invoice have made it necessary to calculate the loading aids (e.g. if they are incomplete), the processing fee is not the subject of a possible credit note. After the 4-week period has expired, a credit note is no longer possible! You accept the settlement as final, later complaints are excluded. You expressly agree to offsetting claims from the exchange of pallets with open freight claims.
If the carrier accepts defective pallets, it must report this to the freight forwarder immediately and in writing. Notification by SMS will not be accepted. If there is no notification of defects within a period of eight days from receipt of the pallets, the carrier is excluded with a corresponding objection.
XlV. Information and notification obligation
If problems arise during acceptance, during transport, or during delivery, etc., or if there are other delays, you must inform the forwarding agent immediately.
The obligation to provide information also applies if the specified loading quantity or type of goods does not match the loading order. If you receive instructions from the shipper, customs agent, recipient or other persons that contradict the information in the loading order, you must inform us immediately. Forwarding freight must be agreed with us before execution, otherwise we cannot accept any forwarding freight, neither the amount nor the guarantee. As a precautionary measure, we hold you liable for any damage or claims for damages resulting from missed deadlines, non-neutral delivery, etc.
Absolute customer protection is agreed between the forwarder and the carrier.
The carrier is obliged to treat the data of the freight forwarder and the customer with care. Unauthorised disclosure to third parties is expressly prohibited. Furthermore, the carrier is prohibited from approaching the customers of the freight forwarder directly for the purpose of acquisition.
For each case of proven infringement, the freight forwarder is entitled to demand damages in the form of a contractual penalty of at least € 2,500.00. However, the contractual penalty is limited to a maximum of € 25,000.00. The freight forwarder reserves the right to assert further claims for damages, taking into account the contractual penalty. However, the carrier is permitted to prove that no damage has occurred or that the damage was less than that claimed in the flat rate.
The freight forwarder shall act on the basis of the General German Forwarder Conditions (ADSp).
The exclusion of the ban on offsetting in accordance with Section 19 ADSp 2017 is expressly agreed .
The validity of the AGK or other general terms and conditions of road haulage are hereby waived.
XVIII. Prohibition of illegal employment
The carrier assures that it has the necessary public law approvals according to § 3.6 Road Haulage Act (GüKG) as amended. The carrier assures that only drivers (including foreign drivers from third countries) who have the necessary work permits will be used. The foreign driver must carry an official certificate with an officially certified translation in German according to § 7b para. 1 p. 2 Road Haulage Act (GüKG) .
In the event of checks by the freight forwarder or its vicarious agents, the carrier undertakes to make all documents to be carried available upon request. If a work permit is not required for the driver in the country in which the carrier is based, the driver requires an official certificate (negative certificate).
XVIV. General clause
Should a clause or part of a clause be invalid, the parties shall be deemed to have agreed on what was commercially intended by the parties. Otherwise, the effectiveness of the remaining clauses remains unaffected.
XXIII. Jurisdiction agreement
The parties agree on Tostedt as place of jurisdiction. In addition, the parties agree on Tostedt as the place of jurisdiction in the event that the carrier moves its registered office or usual place of residence outside the scope of the German Code of Civil Procedure or its domicile or usual place of residence is not known at the time the action is filed. Statutory places of jurisdiction remain unaffected by this agreement.
PMB Logistics GmbH
T +49 4181 929-400
CROSS Logistics GmbH
T +49 4181 929-500