General Terms and Conditions of Transport Order (“GTC”)
The following terms and conditions for the transport order are an integral part of the freight contract between ICEWIND Prod.- u. Vertriebsges. mbH & Co. KG (hereinafter “ICEWIND“) and the respective carrier.
These are the transport conditions of the company ICEWIND. They apply to all contracts between ICEWIND as the client and the respective carrier. The transport order conditions apply in the respective current version and can additionally be viewed by the carrier at the homepage www.betz-holding.com/en/icewind/gtc.
II. Applicable Law
As a matter of principle, German law (HGB) shall apply to the contract of carriage. For cross-border transport, the provisions of the CMR shall apply in particular.
III. Transport permits
The carrier is obliged to obtain all necessary transport permits (visas, transit permits, etc.) in due time before the start of the journey. The availability of all necessary permits is an essential main obligation of the freight contract on the part of the carrier.
IV. Dues during loading
The carrier shall provide clean, odorless and technically flawless vehicles suitable for the order – in the event of a vehicle breakdown, an equivalent replacement vehicle shall be provided to the client immediately and free of charge.
The driver is responsible for loading and securing the load in such a way that it is safe for transport and traffic, and in all cases, he has overall control over loading and securing the load. In the case of refrigerated goods, the acceptance and handover temperature must be checked using suitable measuring equipment and noted in the consignment note. The driver is responsible for loading in such a way that proper cooling air circulation can take place. The transport temperature must be recorded continuously and checked regularly. The temperature record must be attached to the invoice documents.
The carrier complies with the general hygiene regulations as defined in (EC) No. 852/2004 and implements the GHP accordingly. In the case of foodstuffs of animal origin, the specific hygiene regulations are also complied with, which are supplemented in Regulation (EC) No. 853/2004. In order to control any hazards that may occur in food, a permanent procedure based on the HACCP principles is established, implemented and maintained.
The following requirements must be observed as minimum requirements:
a) the vehicles, storage rooms and operating facilities used for the transport as well as the storage of foodstuffs are suitable without restrictions and at all mess,
b) the storage rooms and the vehicles used are always kept clean and in good condition and, if necessary, disinfected; the cleaning and, if necessary, disinfection work is recorded,
c) Sufficient pest control procedures are in place and maintained; actions taken are logged and archived,
d) Temperature requirements according to contractual and legal regulations are observed and documented,
e) all assigned employees maintain a clean and neat appearance and a high level of personal hygiene,
f) it is ensured that no persons with communicable diseases, infected wounds, skin infections or ulcers handle food where there is a possibility that food may be directly or indirectly contaminated,
g) when handling open foodstuffs (goods inspections), the carrier shall ensure that contamination of the goods with foreign bodies, allergens and impurities of any kind is avoided in all cases,
h) Food and hazardous materials are always stored and transported strictly separately,
i) a maintenance and servicing plan (including refrigeration units) is drawn up for all operating facilities and transport vehicles; the maintenance and cleaning actions carried out on this basis are checked and evaluated and, if necessary, corrective measures are taken on this basis; this includes, in particular, regular and documented calibration or calibration of all thermometers used,
j) appropriate procedures are in place to ensure the proper control and identification of the client’s goods upon receipt (e.g. temperature, inspection of the goods based on the accompanying documents).
The cold chain must be ensured at all times. In the event of deviations, immediate and unsolicited information must be provided. Furthermore, it must be ensured that cross-contamination and any impairment of the customer’s goods by other transport and storage goods, contamination or damage to the transport vehicles and operating facilities (e.g. glass breakage, pest infestation, waste, etc.) are avoided.
After loading, the carrier/driver must immediately seal the vehicle. The carrier is obliged to carry the ATT certificate, as well as FRC protocol/certificate during the transport.
The carrier assures the existence of an effective procedure for take-back or recall being reviewed annually including clear regulations of responsibility, and in this framework guarantees feedback to the client without culpable hesitation.
V. Start of transport and delivery
Unless otherwise agreed, the journey shall start immediately after loading. If no route has been specified, the fastest or shortest route must be chosen.
If the goods to be transported are not taken over by the carrier for reasons for which the carrier is responsible, or are not taken over in time (fixed date) for transport, or if the carrier does not notify ICEWIND in time that it is not possible for the carrier to take over the transport or not in time, ICEWIND shall be entitled to claim damages of at least €500.00. The same shall apply in the event of delayed delivery of the transported goods to the recipient.
ICEWIND reserves the right to assert claims for damages in excess of this amount. However, the freight carrier shall be entitled to prove that no damage was incurred or that the damage was less than the lump sum claimed.
VI. Prohibition of transshipment and loading of cargoes
Unless otherwise agreed, a general prohibition of transshipment and additional loading applies to all freight.
VII. Parallel load
In the event that a unit acceptance is not possible, ICEWIND must be demonstrably and immediately informed. A note by the carrier on the consignment note shall not release him from liability.
VIII. Assignment and obligations of subcontractors (sub-subcontractors)
The carrier is only permitted to commission subcontractors with the written consent of ICEWIND. In the event of the permitted commissioning of subcontractors, the carrier undertakes to ensure that these subcontractors fulfill the obligations in accordance with the order, these GTC’s and the statutory obligations and shall instruct and monitor the obligations described in these GTC’s accordingly.
The carrier shall only use subcontractors who reliably fulfill the requirements of § 7b GüKG and all other components of the freight order and the GTC. He undertakes to regularly monitor compliance with the obligations of the subcontractors used. The carrier shall also assure the quality of the service provided for subcontractors used by him. If there are indications that the contractually agreed services are not being properly performed by the subcontractor, ICEWIND may demand that certain subcontractors not be used or no longer be used. This is to be assumed in particular if delivery deadlines are repeatedly exceeded, i.e. more than once.
IX. Liability insurance
The carrier is obligated to insure the cargo in any case to the amount of the maximum liability according to the CMR. He is also obliged to pay the premiums in due time. The carrier shall be obliged to send a copy of the insurance policy to ICEWIND upon request within three days. For transports within Germany, a liability of 40 SDR/kg is agreed with regard to the liability of the carrier for loss of or damage to the transported goods in deviation from § 431 HGB.
X. Monitoring obligations
During breaks in the journey, loaded vehicles may only be parked in guarded parking spaces. If the parking lot is unguarded, the carrier or a vicarious agent must remain with the vehicle.
In international freight transport, the vehicle must be equipped with two anti-theft-devices that basically function independently of each other.
The carrier is obliged to document the delivery of the cargo (consignment note, consignment bill, delivery bill). He must ensure that the consignment bill and delivery bill are signed and stamped by the consignee. If the consignee refuses to acknowledge receipt, the carrier must immediately obtain ICEWIND’s instruction.
XII. Invoicing and freight
The freight is due for payment after invoicing. ICEWIND shall have a right of retention if the carrier does not present the original receipted consignment note, the delivery bill or the other certificate of receipt in the original when the invoice is presented. Transmission by fax or e-mail will not be accepted unless otherwise agreed in wring.
The term of payment shall be 60 days after receipt of the invoice by ICEWIND upon presentation of all stamped and signed original proofs of delivery (CMR, delivery bills, pallet bills, customs documents, etc.).
The receipted freight documents, pallet bills, as well as the stamped export declaration and customs documents from third country shipments must be submitted to ICEWIND in advance by mail within 5 calendar days after delivery of the goods. In the event of late or incomplete submission, ICEWIND shall be entitled to charge a processing fee of € 50.00. The original documents must be submitted immediately by mail together with the freight invoice.
4 hours are free of demurrage for loading or unloading. Beyond that, demurrage will only be reimbursed by ICEWIND if a confirmation with date, time, stamp, and signature is provided on a separate certificate from the loading or unloading point, customs agent, or another authorized representative. No changes or erasures may be made on the confirmation.
Demurrage charges can only be recognized if the carrier’s vehicle has arrived at the loading or unloading point by 9.00 a.m. at the latest (unless a different time has been expressly agreed) and this has been confirmed by the consignor/consignee. For a refrigerated truck a demurrage charge of a maximum of € 250.00, for a tarpaulin truck a demurrage charge of a maximum of € 220.00 per day is agreed. Saturdays, Sundays and public holidays of the respective country are free of charge and will not be remunerated separately.
XIV. 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 flat freight rate.
The obligation can only be discharged by presentation of a separate pallet bill or another separate document with which the exchange or return of the pallets is clearly confirmed by the consignor/consignee with stamp and signature. If such a separate document is not presented’, the carrier will initially be charged an amount of € 22.50 per Euro pallet plus € 15.00 handling fee per delivery as rebuttable damages. However, the freight carrier shall be entitled to prove that no damage was incurred or that the damage was less than the lump sum claimed. If the pallets are returned within a period of 4 weeks from the date of loading, the pallet invoice will be credited. Should the documents submitted with the freight invoice have necessitated a calculation of the loading equipment (e.g. in the case of incompleteness), the handling fee shall not be subject to a possible credit note. After the expiry of the 4-week period, a credit note is no longer possible! The settlement is accepted by the carrier as final, later complaints are excluded. The carrier expressly agrees to a set-off of claims from the pallet exchange with open freight claims. If the freight carrier accepts defective pallets, he must notify ICEWIND of this immediately and in writing. Notification by SMS will not be accepted. If no notification of defects is made within the period of eight days from receipt of the pallets, the carrier shall be excluded with a corresponding objection.
XV. Information and notification obligations
Should problems arise during acceptance, during transport, here in particular delivery delays and deviations of a required transport temperature or during delivery, etc., or should there be any other delays, ICEWIND shall be notified immediately by the carrier in order to ensure that the customer is informed without delay.
The duty to inform also exists if the specified loading quantity or type of goods does not correspond to the loading order. If the carrier receives instructions from the shipper, customs agent, consignee or other persons that contradict the information in the loading order, the carrier must inform ICEWIND immediately. Forwarding freight must be agreed with ICEWIND before execution, otherwise ICEWIND cannot accept forwarding freight either in terms of amount or any guarantee. As a precaution, we hold the carrier liable for any damages or claims for damages resulting from missed deadlines, non-neutral delivery, etc.
XVI. Data protection
Absolute customer protection is agreed between ICEWIND and the carrier. The carrier is obliged to treat the data of ICEWIND and the clients with care. Unauthorised disclosure to third parties is expressly prohibited. Furthermore, the carrier is prohibited from directly approaching ICEWIND’s clients for the purpose of acquisition. For each case of proven infringement, ICEWIND shall be entitled to demand compensation in the form of the contractual penalty in the amount of at least € 2,500.00. However, the contractual penalty shall be limited to a maximum of € 25,000.00. ICEWIND reserves the right to assert claims for damages in excess of this amount by offsetting the contractual penalty. However, the freight carrier shall be entitled to prove that no damage was incurred or that the damage was less than the lump sum claimed.
The freight forwarder operates on the basis of the latest version of the German Freight Forwarders’ Standard Terms and Conditions (ADSp).
The fundamental exclusion of the prohibition of set-off pursuant to Clause 19 ADSp 2017 is expressly agreed.
XVIII. AGK and conflicting GTC
The validity of the AGK or other general terms and conditions of road haulage are hereby waived.
XIX. Prohibition of illegal employment
The carrier assures that he has the necessary public law permits according to § 3, 6 GüKG n.F.. The carrier warrants that it will only employ driving personnel (including foreign drivers from third countries) who have the necessary work permits. The foreign driving personnel must carry an official certificate with an officially certified translation in German according to § 7b para. 1 sentence 2 GüKG. The carrier undertakes to make all documents to be carried available on request in the event of inspections by the shipper or his vicarious agents. If a work permit is not required for the driving personnel in the country in which the carrier is domiciled, the driving personnel shall require an official certificate to this effect (negative certificate).
XX. Obligations under the German Minimum Wage Act (MiLoG)
a) The carrier undertakes, within the framework of the provision of the service or during the term of the contract, to
– to pay the minimum wage pursuant to § 20 MiLoG to all employees employed by it in the territory of the Federal Republic of Germany in a mely manner within the meaning of § 2 MiLoG;
– in accordance with § 17 MiLoG, record the beginning, end and duration of the daily working time of its employees no later than the end of the 7th day of the calendar day following the day on which the work is performed and keep these records for at least two years, starting from the time relevant for the recording;
– according to § 16 MiLoG as an employer based abroad to submit a written notification in German to the competent authority of the customs administration before the start of each service or work performance. Valid legal ordinances concerning the obligation to register according to § 16 MiLoG can be applied. In the event that the carrier, for its part, uses a subcontractor or rental company, it shall carefully select the later, oblige it to also comply with the above obligations in detail and, for its part, verify the obligation to comply with the obligation under the MiLoG.
b) If the carrier culpably violates the obligations under Item XX a), it shall be obligated to pay a contractual penalty to ICEWIND for each case of violation in an amount to be determined by ICEWIND at its reasonable discretion and reviewable by the competent district or regional court – at least in the amount of 5% of the net contract sum.
c) If the carrier culpably violates the obligations from Item XX a), ICEWIND shall be entitled to terminate the contractual relationship with the carrier without notice and without requiring a prior warning.
d) The freight carrier shall indemnify ICEWIND upon first request against all claims of third parties based on a violation of its obligations under the MiLoG or on the violation of the obligations of subcontractors/hiring companies commissioned by it under the MiLoG. This indemnification obligation shall extend to civil liability as well as to fines imposed on ICEWIND due to violations by the carrier or subcontractors/hiring companies engaged by it as well as to legal prosecution and legal defense costs incurred in connection therewith, insofar as the claims and demands asserted are based on an alleged violation of the obligations incumbent on the subcontractor or a subcontractor engaged by it due to the MiLoG. The obligation to indemnify shall expressly also apply to claims by social insurance agencies and tax authorities.
XXI. General clause
Should a clause or part of a clause be invalid, the parties shall be deemed to have agreed on what was economically intended by the parties. Otherwise, the validity of the remaining clauses shall remain unaffected.
XXII. Jurisdiction Agreement
The parties agree Hamburg as place of jurisdiction. In addition, the parties agree Hamburg as place of jurisdiction in the event that the carrier relocates its domicile or habitual residence outside the scope of the German Code of Civil Procedure or its domicile or habitual residence is not known at the time the action is filed. Statutory places of jurisdiction shall remain unaffected by this agreement.
BETZ Holding GmbH
T +49 4181 929-0