Terms and Conditions
- According to these terms and conditions liability of intertrex as well as any vicarious liabilities for loss, damage or delays of shipments are partially restricted. Please read the following Terms carefully. Please also note our provisions regarding goods excluded from transportation (paragraph II)
I. Scope of these Terms and Conditions
- A shipper’s terms and conditions will not become part of the contract unless their application is specifically agreed on between intertrex and the shipper for an individual case. A shipper’s terms and conditions will also not become part of the contract even if the shipper refers to these at any stage in the process enquiring, ordering, negotiating or contracting intertrex and intertrex has not specifically objected to their application (no tacit inclusion of shipper’s terms and conditions).
- These Terms apply to any national and international overland transports as well as any national and international multimodal transports. These Terms are complemented by ADSp (general German forwarders’ terms and conditions) that apply to the aforementioned transport operations in case these Terms do not include any regulations regarding special individual provisions, or in case these regulations are incomplete, legally void or ruled out by mandatory law. Should ADSp also contain incomplete or legally void regulations or any regulations ruled out by mandatory law regarding individual provisions, HGB (German commercial code) regulations apply to any domestic (national) transport operation and CMR (Convention on the Contract for the International Carriage of Goods by Road) regulations apply to any cross-border overland transport operation.
- These Terms preferentially apply to any national and international air transport in the scope laid down by the HGB and the Montreal agreement. Should these Terms not include any regulations regarding special individual provisions, or include regulations that are incomplete, legally void or ruled out by mandatory law, ADSp apply. In case even ADSp do not include any regulations regarding special individual provisions or include regulations that are incomplete, legally void or ruled out by mandatory law, regulations laid down in HGB apply to all domestic (national) transports while regulations laid down in the Montreal agreement apply to any international air transports.
II. Terms of Transportation / Exclusion of Transportation
- intertrex takes over urgent national and international small transports or their intermediation and assumes the right to use subcontractors or partners to carry out these transportations.
- The following exclusion of transportation apply: goods of exceptional values (e.g. antiquities, pieces of art, stamps, one of a kind goods, gems, any kind of jewelry (gold, silver or other), money and shares or bonds), perishable food, fabrics, arms, and any kind of goods being subject to transport restrictions by either the International Air Transport Association (IATA) or the International Civil Aviation Organisation (ICAO) or the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR).
- Should the shipper make it known to intertrex that goods mentioned under paragraph II.2 are to be transported, intertrex reserves the right to refuse carrying out such transport while the shipper cannot derive any claims from that refusal of transportation. Should it become known, either through the shipper or otherwise, that goods mentioned under paragraph II.2 have been handed over for transportation, intertrex reserves the right to stop the transport of these goods and request the shipper to collect them at the shipper’s expense while the shipper cannot derive any claims from that. intertrex will have to be paid for the partial transport of these goods by the shipper taking into account any expenditures saved for the remaining transport.
- If goods mentioned under paragraph II.2 are handed over for transport to intertex without the shipper’s explicit written information on the kind, nature and value of these goods at the time of conclusion of the contract at the very latest, liability of intertrex ceases for any damage to or loss of goods, delay in delivery, consequential damage or any other kind of financial loss and for any possible violation of contractual obligations, as intertrex could have arranged for special precautions preventing any loss, damage or delay had intertrex had knowledge of such information. Had intertrex refused transportation of goods knowing about their kind, nature and value before carrying out the transport, liability is with the shipper completely. This holds irrespective of whether or not any damage can be traced back to inconsiderate behavior of intertrex or its vicarious agents.
- Should the shipper hand over goods of exceptionally high values to intertrex for transport declaring their value in writing and assert in writing at the time of conclusion of the contract at the very latest to have taken out a separate transport insurance covering the goods’ value as well as any other possible damages and relinquishes any recourse or other claims against intertrex in writing, intertrex may usually engage in such transport operation. However, a final decision of whether or not such transport is carried out will be made by intertrex.
- Moreover, intertrex reserves the right to refuse acceptance of any shipment that does not appear suitable for national or international express transportation based on outward appearance.
- intertrex is not obliged to check correctness of any information or declaration of the shipper.
- The shipper is obliged to pack the shipment safe for transport and transport operations as well as to label it properly.
- Packaging of a shipment according to paragraph III.1 means it has to withstand the average effects of transport processes including transshipment and combined shipments without being damaged or getting incomplete.
- intertrex is not obliged to check packaging for any defects or its suitability for transport. The shipper is the expert on the goods to be shipped. Thus, intertrex may rely on the shipper to ensure adequate and proper packaging. Only in case there is no packaging at all or packaging is totally damaged is intertrex obliged to notify the shipper of such lack of or damage to packaging.
- intertrex is not liable for any damage to goods caused by improper or inadequate packaging or labelling. Regarding this disclaimer of liability, please be referred to § 427 HGB, paragraph 22.4 ADSp as well as article 18 MÜ for their applicability.
- The shipment rate is calculated on the basis of the price list of intertrex valid at the conclusion of the contract and on the greater of the actual weight or the dimensional weight of the shipment. The price list can be found online at www.intertrex.com.
- All invoices have to be paid within 7 days of receipt of invoice. intertrex reserves the right to demand advance payment before conducting a transport.
- If the invoice recipient is a third party, the shipper remains liable to any shipping charges by intertrex.
- Upon receiving the first reminder, the shipper is in default. If the shipper fails to pay upon the first reminder, intertrex will add reminder charges of €5 on the amount payable in every further reminder. Additionally, as soon as the shipper is in default, interest on arrears of 8 per cent above the base rate on the principal claim in commercial transactions is due and payable and interest on arrears of 5 per cent on all other transactions. The assertion of a higher claim for damages caused by default remains unaffected.
V. Right of Inspection
- Should a shipment’s outward appearance lead intertrex to suspect it to contain goods excluded from transportation based on these Terms based, intertrex reserves the right to open and inspect the shipment. However, intertrex is not obliged to open and inspect any such shipment. intertrex may rely on the shipper’s information on any shipment handed over to intertrex.
- intertrex reserves to right to open and inspect any shipment tendered to it for transportation due to customs’ requirements or to ascertain addresses.
VI. Filing of Claims for Loss or Damage to Property
- If loss or visible damage to a shipment is not filed by the receiver or the shipper upon delivery at the latest, intertrex assumes the shipment to be delivered in the condition stated in the contract.
- The claim filed has to characterize the damage properly. The assumption laid down in paragraph VI.1. also holds if damage was not immediately visible or loss was not filed within 7 days of delivery.
- Claims based on exceeding the delivery deadline have to be filed within 21 days of delivery or will be deemed invalid.
- Any claim must be filed in written form. In order to file a claim within the aforementioned time limits, the claim has to be received by intertrex within these 21 days. If loss, damage or exceeding of the delivery deadline is filed upon delivery, it is sufficient to file the claim to the deliveryman.
VII. Liability Limitations
- Liabilities of intertrex are in accordance to paragraph 23 ADSp and result in the following limitations of liability:
- 23.1 The liability of the freight forwarder for loss of or damage to goods, with the exception of warehousing on request, is limited:
- 23.1.1 to € 5 per kilogram of gross weight of the consignment
- 23.1.2 in case of damage occurring to goods whilst being carried, the damage is limited – contrary to section 23.1.1 – to the legally limited maximum amount specified for this type of carriage
- 23.1.3 in case of a contract of multi-modal carriage – including sea transport – to 2 SDR per kg;
- 23.1.4 to € 1 million or 2 SDR per kg per claim, whichever is the higher.
- 23.2 If only individual packages or parts of the consignment were damaged or lost, the maximum liability is calculated on the basis of the gross weight – of the whole consignment if it is rendered valueless – of that part of the consignment that is rendered valueless
- 23.3 The liability of the freight forwarder for damage other than to goods, excepting personal injury and damage to goods that are not subject of the contract of transportation, is limited to three times the amount payable for the loss of the goods, but not more than € 100,000 per event. §§ 431 section 3 and 433 HGB (German Commercial Code) remain unaffected.
- 23.4 The liability of the freight forwarder, irrespective of the number of claims per event is limited to € 2 Millions per event or 2 SDR per kg of lost or damaged goods, whichever is the greater; in the case of more than one claimant the freight forwarder’s liability is proportionate to their individual claims
- 23.5 The SDR is calculated in accordance with § 431, section 4 of the German Commercial Law.
- Within the scope of the Montreal Agreement, even if it only applies to parts of the transport route of a multimodal transport, liability of intertrex is according to article 18 ff. of the Montreal Agreement. An additional application of paragraph 27 ADSp is excluded. Therefore there is no transgression of liability limits.
VIII. Requirement of written form
- Any change, amendment or waiver of these Terms not specifically negotiated between parties in an individual agreement requires a written form to take effect. This also applies to any change of the requirement of written form. Any modification of contract by tacit admission in particular shall be excluded.
- The assignment of a transport or the intermediation thereof is subject jurisdiction of the Federal Republic of Germany. Place of fulfillment and jurisdiction for all disputes arising out of this contract is Berlin.
- Should some of the provisions of these Terms (service conditions) be of become ineffective, this will not affect the validity of the remaining provisions. An ineffective provision will be replaced by a corresponding legal regulation.
- Berlin, 1. November 2014