1. Area of application:
The orders of the Principal are placed exclusively on the basis of these terms and conditions of business. These therefore apply to all future business relations, even if they are not expressly agreed again. Counter-confirmations of the Contractor referring to its terms and conditions of business are hereby rejected.
Departures from these terms and conditions of business will only be effective if the Principal confirms them in writing.
These terms and conditions of business will remain binding even if individual parts are not effective for any reason.
In subsidiarity to the following provisions the provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) and the AÖSp will apply.
The condition applies that the Contractor will at its own expense take out CMR insurance cover with a maximum liability limit of at least 350,000 euros incl. Art. 29. The Contractor will be liable for any loss resulting from inadequate insurance cover. The Principal will be informed immediately of any changes.
On request from the Principal the Contractor will prove the existence of insurance without delay, at the latest within three days, and if the Contractor fails to do so the Principal will be entitled to deduct 4% from the invoice, regardless of the occurrence of damage or loss.
This will not affect the assertion of a higher loss.
The freight invoice will only be accepted if it is accompanied by the original receipted CMR bill of freight and the original delivery note confirmed by the Principal.
Until recalled, Europallets must generally be exchanged. If no exchange takes place the Principal must be informed immediately in order to be able to react. Objections at a later date cannot be accepted.
For each pallet not verifiably exchanged or produced within 14 days 15 euros will be charged and deducted from the freight invoice (offset).
In the event of delays or other departures from what has been agreed the Principal will be immediately informed.
6. Further agreements
6.1 It is expressly agreed that the Principal can offset against any and all claims of the Contractor.
6.2 Pallets must definitely be exchanged at sender and receiver and stated on the CMR.
6.3 The driver will receive the original delivery note in duplicate. One delivery note must be confirmed by the customer and attached to the freight invoice. Without a confirmed original delivery note the transport invoice will not be paid.
6.4 The order received must always be carried out by the Contractor itself. It is not permitted to pass on the order without our prior written approval.
6.5 All information which you receive about us or our customers is strictly confidential and must not be used by you nor made accessible to third parties.
6.6 Irregularities affecting the transport must be notified to us by fax or phone, unprompted, as soon as they are discovered.
6.7 The vehicle provided by you must be in technically perfect condition and meet the loading requirements. All the necessary approvals for the transport must have been received. If necessary a replacement vehicle must be made available by you at very short notice and free of charge.
6.8 Loading and unloading of the goods within 24 hours are free of charge.
6.9 The freight or transport invoice will be paid 60 days after receipt of the invoice by our accounts department, or 10 days after receipt to qualify for a discount of 3 %.
7. Applicable law, place of performance, legal venue
Austrian substantive law will apply. The language of the contract is German. Place of performance is the domicile of the Principal in Klagenfurt. For legal action taken by the Principal the legal venue on legal disputes concerning the existence or non-existence of a contractual relationship underlying these terms and conditions of delivery and payment, or for legal disputes from such contractual relationships is, at the discretion of the Principal, the legal venue of the Contractor or the general legal venue of the Contractor. For legal action against the Principal the general legal venue of the Principal will be used. Irrespective of the amount at dispute, Klagenfurt is agreed as such.