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terms and conditions
General Terms and Conditions of IN-TIME Transport GmbH (IN-TIME)
The following agreements pertain to this contract:
The general terms and conditions of the contractual partner will not be accepted.
We are working exclusively on the basis of the German Forwarders‘ Standard Terms and Conditions to the 2017 edition (ADSp 2017). In their clause 23 the ADSp 2017 limited the liability for loss and damage
of goods as per § 431 HGB to 8,33 SDR/kg per claim or € 1.25 Million per event respectively € 2.50 Million or 2 SDR/kg depending on wich amount is higher and generally 2 SDR /kg for multimodal
transport including sea transport.
Further it is understood that the ADSp also apply to business defined in clause 2.3 ADSp unless agreed otherwise. Place of performance of contract and of competent jurisdiction is the place of our contracting
office exclusively.We have covered our forwarder‘s and carrier‘s liability insurance through the brokers Buechner Barella Assekuranzmakler GmbH, Hamburg, Germany.
The following terms apply to contracts in which IN-TIME is obligated to provide transportation services to another party.
Payment terms: 10 days 3% discount or 45 days net (after receipt of invoice, delivery receipt(s) and pallet account balance as applicable). Amendments to the contract without written confirmation from
IN-TIME do not qualify as contract amendments.
Each contract must be confirmed with a written signature and company stamp on the bottom of the second page of the transportation contract. Failure to return the complete contract to IN-TIME
will result in the deduction of €80 plus value added tax (VAT) by IN-TIME as compensation. The contract will nonetheless be treated as an operative binding agreement.
Terms for an adjustment of the consignee’s freight bill require proper submission of the delivery confirmation and the transport order; in the case of intra-community deliveries an entry certificate’ or a
proof of export’ and an original pallet note with proof of exchange. Pallets that are not exchanged must be returned to IN-TIME within 14 days of delivery receipt. Failure to do so will result in the billing of
€15 plus value added tax (VAT) per Euro pallet, €13 plus value added tax (VAT) per Düsseldorf pallet, and/or €130 plus value added tax (VAT) per Gitterbox, as well as a processing fee of €20 plus
value added tax (VAT) in the monthly invoice.
In the case that the exchange of a pallet or Gitterbox was formerly agreed upon, the consignee is required to clarify any uncertainties regarding the type and number of available and exchangeable empty
pallets or gitterboxes by contacting IN-TIME. Assertions that the number of empty pallets or Gitterboxes to be exchanged was unknown will not be accepted.
Loading and unloading times are to be strictly adhered to. Failure to do so will result in the transfer of any resulting costs or penalties incurred by IN-TIME to the consignee.
Complete freight documents are to be sent to IN-TIME immediately. Failure to do so will result in the declaration by IN-TIME of a possessory lien for the amount required to settle the invoice, or in the case
of financial loss, a reduction in the invoice value payable by IN-TIME.
Only clean, dry, mechanically sound and sufficiently CMR-insured vehicles with level floors and without coil troughs are to be made available. The vehicle must have an adequate carrying capacity.
The transport of additional loads is prohibited. The transfer transport orders to a third party without written consent from IN-TIME is prohibited.
Contractors are expressly made aware of their statutory duty to pay employees the legal minimum wage according to the German minimum wage act (MiLoG). The contractor expressly affirms that they will
comply diligently with this obligation. In the case of a violation of this obligation by the contractor, the contractor will cover any resulting payment obligations for IN-TIME – be they wage claims, penalties,
fees, fines or other payment obligations – in accordance with the German minimum wage act. In addition, they will compensate IN-TIME for any consequential pecuniary and non-pecuniary damage.
IN-TIME must be immediately informed of any/all interruptions in the transport/delivery process (change in appointment, freight damage, accident, etc.). In such instances, all instructions from IN-TIME are
to be strictly followed and adhered to. Costs incurred will be transferred by IN-TIME to the contractor if the contractor is found to be responsible for the cause of interruption.
Loads are to be sufficiently secured, acceptably packed and adequately protected from previously loaded goods. In the case that damaged goods are delivered to the consignee, the contractor will not be
allowed to call upon the obligations of the shipper as stated in §411, §412 paragraph 1 Clause 1 of the HGB, in order to claim that the shipper had purposely or with gross negligence breached its obligations
as the shipper such that the contractor was not able to identify the damage despite the contractor’s utmost attention. Load-securing materials such as plastic edge protectors/guards, non-slip mats with a
coefficient of friction greater than or equal to 0.6 and 3 mm force, perforated strips, adequate sidewall panels, heavy duty load-securing belts (LC 2,500/5,000 daN with a preload force of at least 500 daN),
and head lashings are to be carried in the vehicle/utilised during transport. Costs for lacking or non-compliant load-securing material, as well as damages incurred as a result of incorrectly or inadequately
secured goods will be transferred to the contractor. Six hours of downtime during loading and unloading are allowed at no additional charge.
The contractor commits itself to uphold all regulatory standards and provisions, particularly in accordance with the GüKBillBG.
Any and all forms of customer protection are deemed to be agreed upon. The contractor is obligated to refrain from contacting IN-TIME clients beyond matters related to order transport/delivery.
Infringement will result in payment of punitive damages to IN-TIME.
IN-TIME requires all contractors to provide liability insurance equivalent to 40 SDR.
The transfer of payments due to IN-TIME is prohibited.