Terms & Conditions – Clients

These terms and conditions, which can be viewed at any time at www.trappsped.com/agb-auftraggeber, apply exclusively where TRAPP Spedition GmbH — hereinafter referred to as the "Client" or "AG" — issues forwarding and freight orders to the contractor, the "AN".

The transport order is binding even without a counter-confirmation. A written counter-confirmation containing contractual terms amended by the AN shall be deemed invalid. Oral collateral agreements have no validity.

Irrespective of telephone capacity inquiries, the transport contract is concluded only on the basis of the transmitted transport order, including the AG's general terms and conditions contained therein. No terms conflicting with these general terms and conditions shall apply. The AN may under no circumstances rely on its own general terms and conditions, even if these are contained in order confirmations. In particular, the AN may not invoke the applicability of the AÖSp (General Austrian Forwarding Agent Conditions) or any other terms (e.g., in order confirmations, etc.). Any deviating counter-confirmations do not form part of the freight contract and are of no effect. At the latest upon taking over the goods to be transported at the loading point, the AN again confirms its acceptance of these general terms and conditions.

The applicability of the CMR (Convention on the Contract for the International Carriage of Goods by Road) is expressly agreed for all transports, even where the scope of application of Art. 1 CMR or § 439a UGB (Austrian Commercial Code) would not be met. The AN is always liable to the AG as if it were acting as principal carrier (Selbsteintritt). The provisions of Article 34 CMR do not apply. For domestic transports within Germany, the provisions of the German HGB (Commercial Code) governing freight forwarding shall apply.

For domestic transports within Germany, increased liability of 40 Special Drawing Rights per kilogram of damaged or lost goods is deemed agreed. The application of the AÖSp is expressly excluded for transport orders issued by the AG to the AN.

The Carrier expressly waives the objection that the contractual relationship constitutes a "Lohnfuhrvertrag" (a vehicle-hire agreement, as distinct from a freight carriage contract); should the present contractual relationship in fact be classified as a Lohnfuhrvertrag, the Carrier expressly agrees that this contractual relationship shall be subject to the liability provisions of freight law (CMR).

The present transport order is binding unless the Carrier objects within one hour of receipt.

Should the Carrier not accept these order conditions, the order must be rejected free of charge within 1 hour by marking "STORNO" diagonally across all pages of the loading order. This cancellation must be sent back to the responsible contact person at the AG using the email address/fax number stated in the order.

In the event of a cancellation after expiry of the 1-hour period, or non-acceptance of the transport goods or the transport order by the Carrier, the Client is entitled to procure a replacement vehicle and to invoice the Carrier a contractual penalty equal to the freight payable for the replacement vehicle. Any further claim for damages remains unaffected.

In any case, 25% of the freight price will be charged upon cancellation of the order.

Transshipment or additional loading is without exception impermissible for full loads. Furthermore, an unconditional prohibition on part-loads/consolidated loads applies, unless the Client instructs otherwise in writing. Engaging a sub-carrier is only permissible with the express written consent of the Client's responsible dispatcher. Should the use of sub-carriers exceptionally be permitted by the Client, such sub-carriers must be strictly vetted beforehand by the Carrier and must demonstrably have already carried out several orders (at least 5) properly for the Carrier. Awarding loads to subcontractors with whom the Carrier has not previously had a business relationship, in particular via freight exchanges, is prohibited without exception.

Stacking of the goods (e.g., to create additional loading space, etc.) is likewise expressly prohibited! For a breach of any of these provisions, a fault-independent contractual penalty of € 5,000, excluded from judicial mitigation and independent of the actual amount of damage, is agreed. Any further claim for damages remains unaffected.

Loads may under no circumstances be transferred into a warehouse/intermediate storage facility without the Client's express permission. In the event of a violation, a penalty of 95% of the freight will be charged.

If the loading order does not contain license plate numbers, if these are incorrect, or if they change, the Carrier is obliged to notify the Client of the correct license plate numbers without delay.

This enables the Carrier to avoid delays in loading and in the processing of the freight invoice.

The Client is entitled to set off counterclaims (irrespective of their legal basis) and to reduce the freight in the event of defective performance. Any prohibition of set-off or retention (in particular § 32 AÖSp) is therefore expressly objected to. The Carrier has no lien or right of retention over any of the goods handed over to it in the course of performing this contract.

Any lien or right of retention is therefore expressly excluded. The Carrier is obliged to include corresponding provisions also in the contracts it concludes with any subcontractors it engages (where the Client has permitted the use of subcontractors in writing). The Carrier may not set off any claim against claims or entitlements of the Client.

Freight invoices of the Carrier only become due once the invoice, together with the original transport documents (CMR consignment note, delivery notes, pallet slips, etc.), has been demonstrably transmitted to the Client. The Carrier bears the risk for the transmission of these documents.

The Carrier is aware that invoicing to the Client's customers can only take place if proof-of-delivery documents are sent in a timely and complete manner.

The Carrier therefore undertakes to send all transport documents, such as delivery notes, consignment notes, pallet slips, etc., to the Client at the latest within 7 days by fax, by e-mail, or in original form. If this deadline is not met, a processing fee of € 30 becomes due, without prejudice to other rights.

The payment term is 60 days, whereby this 60-day period only begins once the invoice, together with the above-mentioned transport documents, has been received in full by the Client.

The assertion of demurrage is excluded for waiting or standing time at the consignor's or consignee's premises, etc., of up to 24 hours in each case. Saturdays, Sundays, and public holidays are disregarded, i.e., these are always free of demurrage. Furthermore, the assertion of reimbursement of expenses, a claim for damages, or other costs in the event of a cancellation of the order by the Client within 10 hours of the order being placed is excluded.

After the agreed 24-hour demurrage-free period, a maximum of € 150 per day/per truck may be charged as demurrage, provided the Client is actually at fault, whereby the burden of proof lies with the Carrier. Demurrage is, however, limited to a maximum duration of 3 days.

For every transport, the Carrier must ensure on its own initiative that the transport can be carried out without obstacles and must check in advance whether permits need to be obtained or customs measures (of whatever kind) need to be taken (completion of shipping/customs procedures, etc.). The Carrier must obtain all relevant customs information from the Client and is liable for proper customs clearance and all related obligations. The costs incurred by the Carrier for customs clearance are already included in the freight price. It therefore has no claim to reimbursement of costs arising from customs clearance (tariffs, fees, etc.). Furthermore, the Client is not liable for damage arising from incorrect information in the customs documents.

It is presumed that the Carrier holds the permits and authorizations required for the transport. This also applies to all countries and their regulations that are transited within the scope of this order. In the event of unforeseen transport delays, transport damage, or loss of the transported goods, the Client must be notified immediately by telephone and in writing. The Carrier shall indemnify and hold the Client harmless from all resulting damages. In the event of obstacles at the loading or unloading point, or delays in acceptance or loading, the Carrier must immediately obtain instructions from the Client. In the event of delays and/or obstacles of any kind, the Client must be notified immediately.

The Carrier must carry a sufficient number of load-assisting devices (dunnage/blocking timbers, etc.) and securing equipment (lashing chains and lashing straps, locking bars, etc.); otherwise a vehicle defect exists. To meet load-securing requirements, it is essential that the vehicle be fully equipped with headboard and side-wall boards for tarpaulin-type superstructures and with locking and clamping bars for box-body superstructures, in accordance with DIN standards. Furthermore, for a transport-safe loading, at least dunnage timbers, all side boards, two tensioning boards, 2 locking bars, 20 straps with long-lever ratchets, 12 lashing rings in the floor, 24 edge protectors, and sufficient anti-slip mats are required.

In the event of non-compliance with the above agreements/instructions, the Client reserves the right to have the vehicle fitted with appropriate load-assisting devices at the Carrier's expense. If this is not possible, the Client reserves the right to deploy a replacement vehicle and to charge the Carrier a fault-independent contractual penalty equal to the freight payable for the replacement vehicle. Any further claim for damages remains unaffected. The Client shall hold the Carrier fully liable for all resulting follow-up costs! In any case, a processing fee of € 35 will be charged for this administrative effort.

Ensuring the proper stowage of the freight goods as well as load securing is, without exception, the Carrier's responsibility; this applies even where the consignor has in fact carried out the loading itself.

In the case of dangerous goods transports, the Carrier undertakes to deploy only drivers who are trained in accordance with ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road) and who carry a valid ADR certificate. The vehicles must be equipped for the transport of dangerous goods. In particular, all conceivable requirements regarding equipment items must be met (drain covers, shovel, broom, fire extinguisher, absorbent material, containment vessels, respiratory protection, etc.). For the transport of dangerous goods (ADR), the Carrier is furthermore liable for the proper declaration on the freight documents, the correct labeling of the load, for carrying the required transport documents, and for the legally compliant marking of the vehicle.

The Carrier is obliged to ensure that all dangerous goods regulations, in particular ADR as well as all national provisions in the countries affected by the transport, are complied with. The Carrier confirms that it has a dangerous goods safety advisor within its company.

For temperature-controlled transports, it must be ensured that the temperatures specified by the Client are maintained and continuously measured and recorded using suitable measuring and monitoring devices. The vehicle must be equipped with a functioning temperature recorder. Before taking over the goods, the Carrier must check whether the goods to be taken over have been sufficiently pre-cooled (the burden of proof lies with the Carrier). For this purpose, it must carry appropriate measuring devices. Refrigerated transports may only be carried out using a technically flawless, regularly maintained refrigerated vehicle. The Carrier is obliged to retain temperature records for a period of 3 years from delivery of the goods and to hand them over to the Client upon request. In addition, copies of the corresponding recording logs must be transmitted to the Client together with the invoice, in addition to the documents mentioned elsewhere in these terms and conditions.

All measuring equipment must be checked at defined intervals and in accordance with defined, recognized standards/methods, and adjusted or calibrated where necessary. The results of the inspection, adjustment, and calibration must be transmitted to the Client upon request. Refrigerated and box vehicles must be equipped with sufficient fastening bars and other securing equipment. For refrigerated transports, adequate air circulation must be ensured. In the absence of temperature records, the entire freight claim lapses. If the transport temperature cannot be determined from the loading order, the Carrier must, on its own initiative, obtain instructions from the Client regarding the transport temperature and the correct operating settings of the refrigeration unit.

Upon accepting the order and taking over the transport goods, the Carrier undertakes to properly and continuously guard the loaded motor vehicles, trailers, and/or semi-trailers whenever parked during the period between taking over the load for carriage and its delivery. The Carrier is obliged to ensure that loaded motor vehicles or transport units are properly locked whenever parked, even for a short time. The motor vehicles or transport units used must furthermore be equipped with 2 mutually independent, state-of-the-art and functioning anti-theft devices, which must demonstrably be activated whenever parked, even for a short time. The rear doors of trailers/containers must always be demonstrably locked (at least with a solid padlock/bar lock), so that access from outside by third parties is prevented in any case. After every break, the integrity of the lock and of the outer walls of the cargo hold must be checked. The Carrier must ensure that loaded transport vehicles (trailers, semi-trailers, swap bodies, containers, etc.) are always properly guarded while parked and, at night, on weekends, and on public holidays, are only parked at a lit and secured parking area or at a secured (fenced and sufficiently guarded) company premises. In general, only guarded parking areas may be used. A list of guarded parking areas is available, for example, at www.iru.org.

Route planning must be carried out in such a way that — while complying with the prescribed driving and rest times — no breaks, overnight stops, or other parking (other than short refueling stops) are necessary at unguarded parking areas. Where necessary, the Carrier is obliged to reserve guarded parking areas as a precaution and to schedule the driver accordingly. The isolated parking of loaded trailers/semi-trailers/swap bodies (without a towing vehicle), as well as parking the transport vehicle in an unsecured area, is prohibited without exception (even at a guarded parking area), and there is generally no insurance cover for this under conventional insurance policies (!!).

For all transports to England, due to the current risk of migration, the driver must seal the load and lock the truck with a lock in order to prevent persons from gaining entry. Due to the current situation, parking within a radius of 100 km of Calais is expressly prohibited. The last 100 km to the port must be driven without any intermediate stop. It is furthermore the driver's duty to ensure that no persons have boarded the vehicle. The Carrier is obliged to comply with the requirements of the British Home Office and to carry out the necessary "Vehicle Security Checks". The vehicle security checklist can be found at www.gov.uk/government/publications/vehicle-security-checklist

The Carrier is obliged to select and supervise employees and other agents/subcontractors used in the performance of the contract with the diligence of a prudent carrier. The consumption of alcohol and/or drugs is strictly prohibited during performance of the order. The Carrier must ensure a clean appearance and daily personal hygiene of the driving personnel. Before handling unpackaged products, hands must be washed or clean gloves worn. The Carrier must furthermore ensure that the vehicle used is in flawless technical condition and corresponds to the state of the art; in particular, the vehicle used must be preventively maintained and regularly inspected. Only vehicles, trailers, semi-trailers, tanks, swap bodies/containers, cranes, technical equipment, and other equipment that are flawless and suitable for the respective order may be used. Unless otherwise agreed in the transport order, the vehicle to be provided for the commissioned transport must meet the requirements of a covered vehicle under the CMR. Damage to tarpaulins and superstructures, condensation in the cargo hold, loading areas that are not swept clean, and a cargo hold that is not odor-neutral, can lead to the vehicle being rejected at the loading points and to the charging of costs and damages. The cargo hold must be cleaned so as to ensure that the freight goods are not adversely affected. For tank vehicles, a cleaning certificate from a certified cleaning company must be obtained before loading.

The provisions of the ADR, the StVO (Austrian Road Traffic Act), and the KFG (Austrian Motor Vehicle Act) must be complied with in full. The vehicle must be swept clean, clean, and odor-free, and the tarpaulin must be completely watertight. The minimum internal height of the semi-trailer must be 2.70 m.

The legally maximum permissible gross weight of the truck must not be exceeded. The Carrier must ensure that the maximum permissible axle loads are not exceeded and that the load is properly distributed on the loading area.

In the event of non-compliance with the above agreements/instructions, the Client reserves the right to have the vehicle equipped by the shipper at the Carrier's expense. If this is not possible, the Client reserves the right to procure a replacement vehicle and to charge the Carrier a contractual penalty equal to the freight for the replacement vehicle! This contractual penalty is excluded from judicial mitigation and is fault-independent. Any further claim for damages remains unaffected. In any case, a processing fee of € 35 will be charged for this effort.

Before taking over a transport, the Carrier undertakes to submit to the Client, without being requested to do so, the insurance policy as confirmation of adequate insurance (minimum sum insured of € 600,000 per claim) customary in the industry in Austria. This insurance must also cover liability pursuant to Art. 29 CMR and damage occurring during loading and unloading operations. Should the Client not have the insurance policy evidencing the carrier's liability insurance cover before the transport is carried out, the Client is entitled to procure insurance cover for this transport for the benefit of the Carrier;

in this case, the Client is entitled to deduct 4% (but at least € 40) from the agreed freight price. Reimbursement of the premium is no longer possible retroactively. The Carrier itself must, on its own initiative, ensure that the above insurance policy is available to the Client. For cabotage transports, the minimum sum insured must comply with the respective national statutory requirements. The Client must be informed immediately of any changes.

The Carrier is solely responsible for compliance with all statutory provisions on driving and rest times as well as for lawful remuneration of the driving personnel. This applies in particular to all provisions of the Austrian Wage and Social Dumping Prevention Act (Lohn- und Sozialdumping-Bekämpfungsgesetz, LSD-BG), the provisions of the German Minimum Wage Act (Mindestlohngesetz, MiLoG), which currently provides for a minimum wage of € 8.50 gross per hour for transports from, to, and through Germany, as well as any other applicable provisions on the observance of minimum wages. The Carrier is obliged to demonstrably (in writing) inform its employees and other agents, in particular subcontractors, of the obligation to comply with the MiLoG provisions and to satisfy itself, with the diligence of a prudent businessperson, that these are in fact complied with. Upon request, the Carrier must immediately provide the Client with corresponding evidence of compliance with these statutory provisions.

The Carrier undertakes to fully indemnify and hold harmless the Client — without limitation, including as to amount — in respect of all expenses/costs/claims/demands (irrespective of their legal basis) arising in connection with a breach of this agreement or non-compliance with the MiLoG provisions (including the regulations issued in that regard by the German Federal Ministry of Finance). This applies in particular also to the incurrence of administrative costs, representation costs, and advisory costs.

The Carrier is obliged to demonstrably (in writing) inform its employees and other agents, in particular subcontractors, of the obligation to comply with all provisions on combating illegal employment in the road haulage sector.

The Carrier is obliged to demonstrably (in writing) inform its employees and other agents, in particular subcontractors, of the obligation to comply with the provisions of these terms and conditions, and to satisfy itself, with the diligence of a prudent carrier, that these safety measures are in fact complied with. The Carrier must furthermore ensure that the truck drivers deployed hold all permits required under the law on the employment of foreign nationals or on the posting of workers, and are employed in accordance with the laws of the country in which the vehicle is registered. The evidence and documents required under the applicable statutory provisions (in particular work and residence permits) must be carried by the driver. The Carrier undertakes to provide only drivers who have at least such knowledge of the language at the place of departure and the place of collection as is necessary to communicate adequately with the consignor and consignee as well as with the authorities. The Carrier confirms that the driving personnel hold a valid, internationally recognized driving licence and a certificate pursuant to Directive 2003/59/EC (EU professional driver training).

The driver must be specially trained for all requirements of the transport and must carry the necessary certificates. In particular, the requirements in the areas of ADR and road traffic regulations, load securing, and safety regulations/safety clothing must be specifically met. For safety reasons, the driver must always wear safety shoes, a helmet, long outer clothing, and a high-visibility vest during all loading and unloading activities (unless the safety regulations at the loading or unloading point impose higher requirements). For ADR transports, the driver must carry/put on the necessary safety equipment. In the event of non-compliance with the above agreements/instructions, the Client reserves the right to have the vehicle/driver equipped by the shipper at the Carrier's expense. If this is not possible, the Client reserves the right to procure a replacement vehicle and to invoice the Carrier for the full costs. The Client shall hold the Carrier fully liable for all resulting follow-up costs! In any case, a processing fee of € 35 will be charged for this effort.

The Carrier is obliged to report every claim immediately to the Client and to the Carrier's liability insurer. In the case of damage exceeding € 2,000, the Carrier must immediately commission an expert or average adjuster to assess the damage.

For any other claims for damages, the Carrier must obtain instructions from the Client. Furthermore, the Carrier is obliged to provide immediately all information that may be required for the further processing of the claim by the Client or its insurer.

The carrier (as Carrier) is obliged, without exception, to carry out an immediate exchange of load carriers (pallets, cage pallets, meat hooks, plastic boxes, etc.) both at the consignor's and at the consignee's premises; it also bears the so-called exchange risk. The carrier must therefore carry a sufficient number of proper, exchange-ready load carriers. The remuneration for this exchange risk is already included in the freight price. For every exchange of load carriers, a corresponding load-carrier receipt must be sent to the Client together with the freight invoice. In the absence of load-carrier receipts, the Client is compelled to assume that the Carrier has not fulfilled its obligation. If the Carrier has not received any load carriers back at an unloading point, the Client must be notified immediately so that it can arrange for clarification while the vehicle is still at the unloading point. Should this notification not be given, or not be given in time, the Carrier itself is responsible for procuring the unexchanged load carriers. In the event of improper performance of the exchange of load carriers, the carrier, as Carrier, must pay € 18 for each unexchanged or unreturned pallet, € 100 per cage pallet, and, for other load carriers, the price customary in the local trade. In addition, a flat processing fee of € 30 per transport and return costs for the unexchanged load carriers of € 1 per km to the return or collection point at which the exchange was omitted must be paid. Return of the packaging materials by the Carrier within 4 weeks is part of the freight contract and is covered by the freight.

These claims are due to the Client in any case, even without fault on the part of the carrier. Furthermore, the Carrier is obliged to keep, on its own initiative, comprehensible records of the pallet exchange for every single transport. These records or documentation/evidence must be transmitted immediately after the transport, at the latest together with the freight invoice. Note: only original pallet receipts will be accepted! The freight does not become due before these documents are transmitted. For refrigerated transports, the freight invoice does not become due unless a legible temperature record is additionally transmitted. In the absence of documents or load-carrier records, a fault-independent contractual penalty, excluded from judicial mitigation, equal to the freight per transport order becomes due, i.e., the claim to freight remuneration lapses. Any further claims for damages remain unaffected in all cases.

Düsseldorf pallets are, in principle, not to be exchanged; however, the Carrier must document the pallet movements in the same way as for Euro-pallets and send the corresponding load-carrier receipts to the Client. Should the Carrier, contrary to the Client's instructions, receive Düsseldorf pallets back at the unloading point, the Carrier must return them to the consignor within 4 weeks. For Düsseldorf pallets not returned in time, the Client shall charge the Carrier € 8 per unit.

The Carrier is obliged to carry out loading and unloading. Damage attributable to circumstances occurring during loading or unloading falls within the Carrier's sphere of liability. The Carrier must ensure that the load is properly secured and complies with statutory regulations. In particular, the Carrier bears the duty to ensure the road safety as well as the operational safety of the transport and of the load securing. The duty of load securing lies exclusively with the Carrier, even where the consignor has loaded the goods. The Carrier must identify all sources of damage before carrying out the transport and must in particular check the transport suitability of the loading/stowage as well as of the packaging. Where necessary, sources of damage must be eliminated or instructions obtained from the Client. Upon taking over the goods, the Carrier must check the number of pieces, the condition, and the weight of the transported goods.

In the event of deviations in quantity, quality, and take-over temperature from the information specified by the Client, as well as in the event of defective packaging or stowage, or if inspection is not possible, loading must be stopped immediately and only continued after consultation with, and express instruction from, the Client. In the event of any discrepancies, the Client must be informed immediately and corresponding reservations must be entered on the consignment note. The take-over confirmation to be signed is decisive as evidence of the packages taken over by the driver at the respective loading point.

When loading different products in a single loading unit, they must be clearly separated, and particular care must be taken to prevent any cross-contamination caused by incompatible products.

Customer protection is deemed agreed; in the event of accepting or brokering orders, or otherwise contacting the Client's customers and any companies involved in any way in the transport order, all claims of the Carrier against the Client shall lapse.

In addition, for a breach of this non-competition/customer-protection clause, a fault-independent contractual penalty of € 35,000, excluded from judicial mitigation and independent of the actual amount of damage, is agreed. Any further claim for damages remains unaffected.

A confidentiality obligation applies to all transports, which strictly prohibits the Carrier from disclosing to third parties any information that becomes known to it in the course of performing the order. The Carrier is liable here for all of its agents/assistants.

In the event of unauthorized disclosure of information to third parties, a fault-independent contractual penalty, excluded from judicial mitigation, of € 10,000 becomes due. The Client expressly reserves the right to assert any further damages.

The prices stated in the Client's offer or order are deemed fixed prices. Surcharges, expenses, or costs (of whatever kind) will not be recognized.

Unloading of the goods may only take place at the consignee's address or delivery address stated in the transport order/consignment note. Changes may only be made with the Client's express approval.

If the information in the consignment note deviates from the transport order, this must be coordinated with the Client before execution.

The present transport order is binding unless the Carrier objects within one hour of receipt. The Carrier must arrive with its vehicle at the loading point at the agreed loading time. If the vehicle is not provided, a fault-independent contractual penalty of 80% of the freight, excluded from judicial mitigation and independent of the actual damage, becomes due. For late arrival at the loading location, a fault-independent contractual penalty of € 100/hour becomes due. Any further claim for damages remains unaffected in both cases. Unloading dates are deemed delivery deadlines within the meaning of Art. 19 CMR. The loading and unloading dates are absolute fixed dates. The Carrier acknowledges that compliance with the delivery deadlines is of particular importance to the Client, and that the Client accordingly has a particularly significant interest in compliance with the delivery deadlines. In the event of delays of any kind, the Client must be informed immediately.

If the Carrier fails to comply with this obligation, the Client is entitled to a deduction of 30% of the freight.

For a delay in the delivery deadline, a fault-independent contractual penalty of € 100/hour becomes due.

Any further claim for damages remains unaffected. Furthermore, in the event of a delivery delay, a processing fee of € 75 becomes due. The Carrier must check, before accepting the transport order, whether the delivery deadline can be met. Should the loading and/or unloading location change, the Carrier is obliged to carry out the amended transport order, and the freight price will be adjusted accordingly to an appropriate amount.

All claims against the Client, irrespective of their legal basis and irrespective of the degree of fault, shall become time-barred within 6 months.

The limitation period begins to run, in all cases, at the time the respective transport order is issued.

The contract language is both German and English.

In the event of difficulties of interpretation, ambiguities, or contradictions, the German language shall prevail.

The contractual relationship is subject to Austrian law, excluding its conflict-of-laws (private international law) provisions. For all disputes between the parties in connection with this agreement, including disputes regarding the valid existence of this agreement, the jurisdiction of the court with subject-matter jurisdiction for A-5211 Lengau is agreed. The contract language is both German and English.