Terms & Conditions – Carriers

These General Terms and Conditions (GTC) apply to all services rendered or arranged by TRAPP Spedition GmbH in its capacity as commissioned freight forwarder or carrier (hereinafter referred to as the "Contractor") for its contractual partner (hereinafter referred to as the "Principal"). The Principal agrees that these GTC, which can be viewed at any time at www.trappsped.com/agb-auftragnehmer, shall apply to all future business transactions, irrespective of any renewed express reference thereto, in particular for orders placed verbally, by telephone, or by teletransmission.

Deviating terms and conditions of the Principal that are not expressly acknowledged (in writing) by the Contractor shall be invalid, even if they are not expressly objected to. The Principal may in no case rely on its own general terms and conditions, even if these are contained in orders. No terms and conditions of the Principal that contradict these "TRAPP GTC" and the AÖSp (General Austrian Forwarding Agents' Conditions) shall apply. The Principal further agrees that these GTC shall apply to all future business transactions, irrespective of any renewed express reference thereto, in particular for orders placed verbally, by telephone, or by teletransmission.

The Contractor's offer is non-binding and is based on the shipment data provided by the Principal, and on the prices, tariffs, exchange rates and other charges of all parties involved in the performance of the transport that are valid on the day of the offer. The prices offered are subject to the availability of shipping space, cargo space and empty containers. All surcharges stated are valid until revoked and subject to the introduction of further surcharges.

All quoted freight rates are valid only for shipments carried out with the Contractor's partners. The selection of shipping lines and carriers is at the Contractor's discretion. Multimodal transports and shipments are generally carried out under a multimodal bill of lading issued by TRAPP Spedition GmbH or a bill of lading issued by the companies represented by it.

The agreement of these GTC does not affect the applicability of international conventions in their respective valid version, insofar as their provisions mandatorily prescribe a deviating rule, such as, for example, the CMR (Convention on the Contract for the International Carriage of Goods by Road).

In addition, the General Austrian Forwarding Agents' Conditions (AÖSp) apply in their respective valid version, as published in the Official Gazette of the Wiener Zeitung 1947/184, last amended by the Official Gazette of the Wiener Zeitung 1993/68 (available on the internet in English and German at allgemeine-oesterreichische-spediteurbedingungen.pdf).

The Principal declares itself a "Verbotskunde" (customer excluding the carrier's right of disposal) pursuant to §§ 39 et seq. AÖSp. The AÖSp also apply in relation to foreign principals.

The Contractor has a lien and a right of retention over the goods or other items within its power of disposal in respect of all due and not yet due claims to which it is entitled against the Principal arising from the present contract. Unless the Principal expressly discloses the owner of the goods in the consignment note when placing the order, the Contractor may assume that the freight is owned by the Principal.

The Principal is entitled to prohibit the exercise of the lien if it provides the Contractor with equivalent security (e.g. a bank guarantee).

Stated loading and unloading dates are not delivery deadlines within the meaning of Art. 19 CMR, but merely approximate guideline values/standard transit times, and can therefore not be guaranteed by the Contractor. Claims for exceeding performance deadlines (of whatever kind) are therefore not accepted by the Contractor; likewise, no costs for any consequential damages arising from delays, or late fees for documents submitted too late, are accepted.

Liability of the Contractor for exceeding loading dates / for failure to comply with "loading windows" is generally excluded, unless the Contractor missed these deadlines through "gross, flagrant negligence".

If losses of or damage to the goods are not externally apparent, the burden of proof that the loss or damage occurred during the period of liability or transport lies with the consignor or the Principal.

Externally apparent damage must be asserted in writing to the Contractor immediately upon delivery; externally non-apparent damage must be asserted in writing without delay after discovery, but no later than within seven days.

An increase of the maximum amounts of liability pursuant to Art. 24 CMR or a special interest in delivery pursuant to Art. 26 CMR cannot be agreed.

An agreement on a declaration of value or interest cannot be made. The Contractor expressly objects to any kind of declaration of value or interest, in particular any such declaration that could increase the maximum liability amounts provided for in international conventions.

It is expressly pointed out that any form of disclosure of an order value, goods value, etc. – in whatever manner (in invoices, orders, delivery notes, offers, etc.) – shall in no case result in an agreement on a declaration of value or interest, even if the Contractor does not expressly object. An agreement to increase or waive the maximum liability limits set out in contractual terms or in international conventions is not possible.

The Contractor is entitled to charge the Principal demurrage in the amount of € 450.00 per day (for a standing time of under 24 hours, at least € 80.00 per hour); the Contractor is entitled to demurrage even where the Principal is not at fault. A claim for demurrage arises when a total waiting/standing time of 1.5 hours is exceeded.

In the case of a special transport, the Contractor is entitled to demurrage in the amount of € 600.00 per day (for a standing time of under 24 hours, at least € 120.00 per hour).

The transport order is binding unless it is cancelled within one hour of transmission to the Contractor.

If the transport order is not cancelled within one hour, the Contractor is entitled to a no-fault contractual penalty in the amount of 80% of the freight price. Any further claims for damages remain unaffected by this.

Vehicles deployed by the Contractor are as a rule dispatched with a single truck driver. Upon written agreement of a two-driver crew and payment of a freight surcharge, the Contractor will provide two drivers, which can reduce the risk of theft. This is recommended in light of the current risk situation in European freight transport. The legally prescribed driving and rest breaks can, as a rule, only be taken at "conventional parking areas". Should the Principal wish for the prescribed driving and rest breaks to be taken at guarded parking areas, this must be expressly notified to the Contractor in writing in advance, and can be agreed upon payment of a surcharge.

The vehicles deployed are as a rule ordinary curtain-sided (tarpaulin) trailers. In order to minimize possible risks, in particular the risk of theft, it is recommended that the Contractor be expressly commissioned in writing, against payment of a surcharge, to deploy a so-called box trailer, as this offers increased security.

The routes selected by the Contractor are the fastest and most cost-effective routes. Should the Principal wish for a particular route in order to minimize potential risks, this must likewise be expressly communicated to the Contractor in writing in advance, and an alternative route may then be agreed upon payment of a freight surcharge.

The Principal is obliged to comply with all applicable laws, provisions and regulations, as well as the regulations of customs, port and other authorities, and to bear and pay all customs duties, taxes, levies, etc., as well as to reimburse all fines, charges, expenses and damages incurred or suffered.

As the Contractor's liability is limited, it is recommended that cargo insurance be taken out. Cargo insurance, however, will only be taken out upon an express written instruction.

An exchange of loading equipment will only be carried out to the extent possible and reasonable, and only upon express written instruction, subject to payment of a surcharge of 10% of the freight. The Contractor assumes no obligation to return pallets, loading equipment and empty packaging, and in no case assumes the so-called exchange risk. In the event that – for whatever reason – a pallet exchange is not possible at the consignor's or consignee's premises, the Principal has no claims against the Contractor, except in the case of intentional acts/omissions by the Contractor.

The Contractor's liability for "any loading equipment discrepancies" is therefore entirely excluded. Where a pallet exchange has been agreed, it is the Principal's responsibility to ensure a sufficient stock of pallets at the consignee's premises. Costs for pallets not exchanged, or additional costs for a subsequent collection, will be invoiced to the Principal. Loading equipment not exchanged due to fault of the consignor will likewise not be exchanged and returned at the consignee's premises.

The Contractor reserves the right to pass on this forwarding or transport order to third parties – even without obtaining the Principal's prior consent. The Contractor is therefore entitled to engage subcontractors. However, in selecting the company it commissions, the Contractor will exercise the diligence of a prudent freight forwarder or carrier.

The Principal is responsible, on its own authority, for ensuring that the loading and unloading of the freight is carried out. Damage attributable to circumstances occurring during loading or unloading falls exclusively within the Principal's sphere of liability; this also applies where the Principal has no contractual relationship with the party actually performing the loading/unloading. If, in an individual case, loading and unloading is actually carried out by an assistant of the Contractor, such assistant shall be regarded as a vicarious agent of the Principal. Responsibility for loading and unloading lies, without exception, always with the Principal.

The Principal must ensure that the load is properly secured, complies with statutory regulations, and is furthermore secured and stowed in a manner safe for traffic and operation. The obligation to secure the load rests exclusively with the Principal, even where the goods have been loaded by the truck driver. The Principal warrants that the packaging is suitable for transport. The provisions of the AÖSp also expressly apply to such services (packing services, stowing services, container stuffing, load securing).

The Principal is under a duty to warn regarding special characteristics of the freight. The Principal must therefore, among other things, separately disclose if the value of the goods exceeds € 10.00 per kilogram, if the goods constitute dangerous goods or waste, or if the freight is associated with a particular risk of theft. In addition, the Principal must inform the Contractor of any particular sensitivity of the goods and the correct handling thereof (e.g. transport temperature, etc.). The Principal confirms that it has a dangerous goods safety adviser within its company and that it will provide all dangerous-goods-relevant data in accordance with ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road).

Goods that are or may become dangerous goods may only be tendered to the Contractor for carriage – regardless of whether they appear in official or unofficial, international or national codes or agreements – if their type, kind, name, labelling and classification have first been communicated to the Contractor in writing and the Contractor's prior written consent has been obtained. In addition, the packaging in which the goods are to be transported, as well as the goods themselves, must be clearly marked on the outside, stating the type and nature of the goods. The Principal warrants that it will observe and fulfil all statutory dangerous goods regulations.

The claim for payment of the freight arises upon delivery of the goods. The Contractor grants the Principal a payment term of 30 days net, effective from the invoice date. Cash discount deductions are not accepted by the Contractor.

In the event of default in payment, the Contractor is entitled to interest at the rate of 1.5% per month pursuant to § 29 AÖSp. In addition, the Principal shall bear, in full, all reminder fees incurred as well as the costs associated with collecting the outstanding claim.

The Principal is in no case entitled to make freight deductions or to set off counterclaims against claims of the Contractor. A prohibition on set-off and retention in favour of the Contractor applies without exception. § 32 AÖSp applies.

The contract language is both German and English. A German and an English version of these GTC exist. In the event of difficulties of interpretation, ambiguities or contradictions, the wording of the German version shall prevail.

The contractual relationship is governed by Austrian law, excluding the provisions of Austrian private international law (conflict-of-laws rules). For all disputes between the parties in connection with this agreement, including disputes regarding the valid existence of this agreement, as well as disputes in connection with individual agreements concluded in performance of this agreement, the jurisdiction of the competent court for A-5211 Lengau is agreed, according to the respective subject-matter jurisdiction.