Client T&C

Please note: This English translation is provided for convenience and understanding only. The legally binding version of this document is exclusively the German original: Auftraggeber-AGB (German original).

General Terms and Conditions of REDER Transportlogistik KG relating to the Transport Order (“Client AGB”)

1. Applicability

These conditions, which may be viewed at any time at https://www.reder.co/auftraggeber-agb, apply exclusively where REDER Transportlogistik KG, hereinafter referred to as the “Client” or “AG”, places forwarding and freight orders with the Contractor “AN”.

The transport order is binding even without counter-confirmation. A written counter-confirmation with contractual components modified by the AN shall be deemed invalid. Oral collateral agreements shall have no validity.

Irrespective of telephone capacity enquiries, the transport contract is only concluded on the basis of the transmitted transport order, together with the Client’s AGB contained therein. No conditions conflicting with these terms and conditions shall apply. Under no circumstances may the AN rely on its own terms and conditions, even if these were contained in order confirmations. In particular, the AN cannot invoke the applicability of the AÖSp or other conditions (e.g. in order confirmations, etc.). Any counter-confirmations to the contrary are not part of the freight contract and are without effect. At the latest upon taking over the goods to be carried for carriage at the loading point, the AN once again confirms its acceptance of these AGB.

2. Governing Provisions

For all transports, the applicability of the CMR is expressly agreed, even where the scope of application of Art. 1 CMR or of § 439a UGB would not be fulfilled. The AN is always liable to the AG as in the case of self-entry (Selbsteintritt). The provisions of Article 34 CMR shall not apply. For domestic German transports, the provisions of the German Commercial Code (HGB) on the freight business shall apply. In the case of domestic German transports, the increased liability of 40 Special Drawing Rights per kilogram of the damaged or lost goods shall be deemed agreed. The application of the AÖSp is expressly excluded in the case of transport orders from the AG to the AN.

3. Cancellation, Failure to Take Over the Freight

The present transport order is binding unless an objection is raised within one hour of receipt by the Contractor.

Should the Contractor not accept these order conditions, this order must be rejected free of charge within 1 hour, with the note “STORNO” marked diagonally across all pages of the loading order. This cancellation must be transmitted to the e-mail address/fax number stated in the order, back to the responsible contact person at the AG. In the event of a cancellation after the expiry of 1 hour, of the failure to take over the transported goods or the transport order by the Contractor, the Client shall be entitled to procure a replacement vehicle and to invoice the Contractor a contractual penalty amounting to the freight payable for the replacement vehicle. Any claim for damages exceeding this shall remain unaffected.

In any event, 25 % of the freight price shall be charged upon cancellation of the order.

4. Prohibition of Reloading, Co-loading, Assignment

Reloading or additional loading is impermissible without exception in the case of full loads. Furthermore, a prohibition of co-loading applies without exception, unless the Client orders otherwise in writing. The engagement of a sub-carrier is permissible only with the express written consent of the Client’s responsible dispatcher. Should the use of sub-carriers be exceptionally permitted by the Client, these must first be strictly vetted by the Contractor and must have demonstrably already carried out several orders (at least 5) properly for the Contractor. The awarding of loads to subcontractors who were not already previously in a business relationship with the Contractor, in particular via freight exchanges, is prohibited without exception. Stacking of the goods (e.g. in order to create additional loading space, etc.) is likewise expressly prohibited! For the breach of any of these provisions, a fault-independent contractual penalty amounting to € 5,000.-, excluded from the judicial right of mitigation and irrespective of the actual amount of damage, is agreed. Any claim for damages exceeding this shall remain unaffected thereby.

Under no circumstances may loads be reloaded into a warehouse/interim storage/depot without the express permission of the Client. In the event of a contravention, a penalty amounting to 95 % of the freight shall be charged.

5. Waiver of the Wage-Haulage Objection

The Contractor expressly waives the objection of the “wage-haulage contract” (Lohnfuhrvertrag); should the present contractual relationship actually be classified as a wage-haulage contract, the Contractor expressly agrees to subject this contractual relationship to the liability provisions of freight law (CMR).

6. Exchange of Loading Equipment

The carrier (as Contractor) is obliged without exception to carry out the immediate exchange of loading equipment (pallets, mesh boxes, meat hooks, plastic boxes, etc.) both at the sender and at the consignee; it also bears the so-called exchange risk. The carrier must therefore carry a sufficient number of proper and exchangeable loading equipment. The remuneration for this exchange risk is already included in the freight price. For each exchange of loading equipment, a corresponding loading-equipment voucher must be sent to the Client together with the freight invoice. In the case of missing loading-equipment vouchers, the Client is compelled to assume that the Contractor has not fulfilled its obligation. In the event that the Contractor has not received any loading equipment back at an unloading point, the Client must be notified immediately, so that it can arrange clarification while the vehicle is still at the unloading point. Should this notification not be given, or not be given in good time, the Contractor is itself responsible for procuring the loading equipment not exchanged. In the event of an improper performance of the loading-equipment exchange, the carrier as Contractor shall pay € 15.- for each pallet not exchanged or returned, € 100.- per mesh box, and, for other loading equipment, the customary local market price. In addition, a processing flat rate of € 30.- per transport and return costs for the loading equipment not exchanged of € 1.- per km up to the return or collection point at which the exchange was omitted shall be paid.

The return of the packing materials by the Contractor within 4 weeks is the subject of the freight contract and is compensated with the freight. These claims shall accrue to the Client in any event, even without fault on the part of the carrier. Furthermore, the Contractor is obliged to keep, on its own initiative, comprehensible records of the pallet exchange for each individual transport. These records or documentation/evidence must be transmitted without delay after the transport, at the latest together with the freight invoice. Attention: only original pallet vouchers are accepted! Before the transmission of these documents, the freight is not due.

In the case of refrigerated transports, the transmission of a legible temperature protocol is additionally required for the freight invoice to become due. In the case of missing documents or loading-equipment records, a fault-independent contractual penalty, excluded from the judicial right of mitigation, amounting to the freight per transport order shall fall due, i.e. the claim to freight remuneration lapses. Any claims for damages exceeding this shall remain unaffected in all cases.

Düsseldorf pallets are in principle not to be exchanged; however, the Contractor must document the pallet movements as with Euro pallets and provide the Client with the corresponding loading-equipment vouchers. Should the Contractor, contrary to the Client’s instruction, receive Düsseldorf pallets back at the unloading point, the Contractor shall return them to the sender within 4 weeks. For Düsseldorf pallets not returned in good time, the Client shall charge the Contractor € 15.- per unit.

7. Set-off, Exclusion of Liens and Rights of Retention

The Client shall be entitled to make set-offs with counterclaims (irrespective of the legal basis) as well as freight reductions in the case of defective performance. Any prohibition of set-off or retention (in particular § 32 AÖSp) is therefore expressly objected to. The Contractor shall have no lien or right of retention over any of the goods handed over to it in the course of performing this contract. Any liens and rights of retention are therefore expressly excluded. The Contractor is obliged to include corresponding provisions in the contracts it concludes with any subcontractors it engages (where the use of subcontractors has been permitted in writing by the Client). The Contractor may not set off any claim against claims or entitlements of the Client.

8. Freight Invoices, Payment Term, Proof of Delivery

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

The Contractor is aware that a settlement with the Client’s customers can only take place if proofs of delivery are sent in good time and in full. The Contractor therefore undertakes to send all documents of the transport, such as delivery notes, consignment notes, pallet vouchers, etc., to the Client at the latest within 7 days by fax, by e-mail or in the original. In the event of non-compliance with this deadline, a processing fee of € 30.- shall become due, without prejudice to other rights.

The payment term is 45 days, whereby the running of this 45-day period only begins once the invoice, together with the transport documents mentioned above, has been received in full by the Client.

9. Demurrage

The assertion of demurrage is excluded in the case of a waiting time or standing time at the sender or consignee, etc., in each case for up to 24 hours. Saturdays, Sundays and public holidays are disregarded, i.e. these are always free of demurrage. Furthermore, the assertion of a reimbursement of expenses or a claim for damages or other costs is excluded in the event of a cancellation of the order by the Client within 10 hours of the placing of the order. After the agreed 24-hour demurrage-free period, a maximum of € 150.- per day/per truck may be charged as demurrage, provided that the Client is actually at fault, whereby the burden of proof lies with the Contractor. However, the demurrage is limited in terms of duration to a maximum of 3 days.

10. Authorisations and Transport Impediments

The Contractor shall, for each transport, ensure on its own initiative that the transport can be carried out without impediments and must check in advance whether authorisations must be obtained or customs-related measures (of whatever kind), etc., must be taken (completion of transit procedures, etc.). The Contractor shall obtain all relevant customs information from the Client and is liable for the proper customs clearance and all associated obligations. The costs incurred by the Contractor through the customs clearance are already included in the freight price. It shall therefore have no claim to the reimbursement of costs incurred during customs clearance (tariffs, fees, etc.). Furthermore, the Client shall not be liable for damage arising from incorrect information in the customs documents.

It is presupposed that the Contractor holds the permits and authorisations required for the transport. This also applies to all countries and their regulations that are traversed within the scope of this order. In the event of unforeseen transport delays or transport damage or loss of transported goods, the Client must be notified immediately by telephone and in writing. The Contractor shall indemnify and hold the Client harmless for all damage resulting therefrom. In the event of impediments at the loading or unloading point or in the event of a delay in acceptance or loading, the Contractor shall immediately obtain instructions from the Client. In the event of delays and/or impediments of whatever kind, the Client must be notified immediately.

11. Load-Securing Equipment

The Contractor must carry a sufficient number of loading aids (dunnage timbers, etc.) and securing devices (lashing chains and lashing straps, clamping bars, etc.); otherwise a vehicle defect exists.

In order to meet the requirement for load securing, it is indispensable that the vehicle is fully equipped in accordance with DIN with stanchion and side-board planks in the case of curtain-side bodies, and with locking and clamping bars in the case of box bodies. 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 eyes 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 equipped with appropriate loading aids at the Contractor’s expense. If this is not possible, the Client reserves the right to deploy a replacement vehicle and to charge the Contractor a fault-independent contractual penalty amounting to the freight payable for the replacement vehicle. Any damages exceeding this shall remain unaffected. The Contractor is held fully liable for all consequential costs arising therefrom! In any event, a processing fee of € 35.- shall be charged for this administrative effort.

Ensuring the proper stowage of the freight as well as the load securing is, without exception, the task of the Contractor; this also applies where the sender has actually carried out the loading itself.

12. Duty to Report Damage

The Contractor is obliged to report every case of damage immediately to the Client and to the Contractor’s carrier liability insurer. In the case of damage exceeding the amount of € 2,000.-, the Contractor must immediately commission an expert or average commissioner to assess the damage. The Contractor shall - subject to further claims for damages - obtain instructions from the Client. Furthermore, the Contractor is obliged to make available without delay all information that might be needed for the further processing of the damage by the Client or its insurer.

13. Dangerous Goods

In the case of dangerous-goods transports, the Contractor undertakes to deploy only drivers who are trained in accordance with the ADR and who carry a valid ADR certificate. The vehicles must be equipped for the transport of dangerous goods. In particular, all conceivable requirements with regard to equipment items must be met (drain cover, shovel, broom, fire extinguisher, absorbent, collecting container, respiratory protection, etc.). In the case of the transport of dangerous goods (ADR), the Contractor is furthermore liable for the proper declaration on the freight documents, the correct labelling of the load and for carrying the required transport documents as well as the legally compliant marking of the vehicle. The Contractor is obliged to ensure that all provisions of dangerous-goods law, in particular the ADR as well as all national regulations in the countries affected by the transport, are complied with. The Contractor confirms the presence of a dangerous-goods safety adviser in its company.

14. Refrigerated Transports

In the case of temperature-controlled transports, it must be ensured that the temperatures specified by the Client are maintained and are permanently determined and recorded by suitable measuring and monitoring devices. The vehicle must be equipped with a functioning temperature recorder. Before taking over the goods, the Contractor must check whether the goods to be taken over are sufficiently pre-cooled (the burden of proof lies with the Contractor). For this purpose it must carry appropriate measuring devices. Refrigerated transports may only be carried out with a technically flawless and regularly serviced refrigerated vehicle. The Contractor is obliged to retain temperature protocols for a period of 3 years from delivery of the goods and to hand them over to the Client upon request.

Furthermore, copies of the corresponding recording protocols must be transmitted to the Client in the course of invoicing, in addition to the documents mentioned in these conditions. All measuring instruments must be checked at fixed intervals and in accordance with defined recognized standards/methods and, where applicable, adjusted or calibrated. The results of the checking, adjustment and calibration must be transmitted to the Client upon request. Refrigerated and box vehicles must be equipped with sufficient securing bars and other securing devices. In the case of refrigerated transports, sufficient air circulation must be ensured. In the case of missing temperature records, the claim to freight lapses in its entirety. If the transport temperature cannot be inferred from the loading order, the Contractor must, on its own initiative, obtain instructions from the Client regarding the transport temperature as well as the correct operating setting of the refrigeration unit.

15. Duty of Surveillance/Security Measures

Upon acceptance of the order and the taking over of the transported goods, the Contractor undertakes to guard the loaded motor vehicles, trailers and/or semi-trailers properly and continuously whenever they are parked during the time between the taking over of the load for carriage and its delivery. The Contractor is obliged to ensure that loaded motor vehicles or transport units are properly locked whenever they are parked (even for a short time). The motor vehicles or transport units deployed must furthermore be equipped with 2 mutually independent theft-protection devices - corresponding to the state of the art and functioning - which must be demonstrably activated whenever the vehicle is parked, even if only for a short time. The rear doors of the trailers/containers must always be demonstrably locked (at least with a heavy-duty padlock), so that access from outside by third parties is prevented in any event. After every break, the integrity of the lock and of the outer walls of the loading space must be checked. The Contractor shall ensure that loaded transport vehicles (trailers, semi-trailers, swap bodies, containers, etc.) are always properly guarded while parked and, at night, on weekends and public holidays, are parked only at an illuminated and secured parking area or on a secured (fenced and adequately guarded) business premises. In general, only guarded parking areas may be used. A list of guarded parking areas is available, for example, at www.iru.org, www.ania.it. The route planning must be carried out in such a way that - while observing the prescribed driving and rest times - no breaks, overnight stays or other parking operations (apart from short refuelling operations) at unguarded parking areas are required. Where necessary, the Contractor 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 the parking of the transport vehicle in a non-secured area is prohibited without exception (even at a guarded parking area), and here there is usually no insurance cover under conventional insurance policies (!!).

On all transports to England, the driver must, on account of the current migration risk, seal the load and lock the truck with a padlock in order to prevent the entry of persons. In view of 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 duty of the driver to ensure that no persons have boarded. The Contractor is obliged to comply with the requirements of the British Home Office and to carry out the necessary “Vehicle Security Checks”.

The security checklist for the vehicle can be found at www.gov.uk/government/publications/vehicle-security-checklist

16. Carrier Liability Insurance

The Contractor undertakes - before taking over a transport - to present to the Client, unsolicited, the insurance policy as confirmation of adequate insurance customary in the industry in Austria (minimum sum insured € 600,000.- per case of damage). This insurance must also cover liability pursuant to Art. 29 CMR and damage during loading and unloading operations. Should the Client not have the insurance policy on the taking out of the carrier liability insurance before the transport is carried out, the Client shall be entitled to obtain insurance cover for this transport in favour of the Contractor; in this case, the Client shall be entitled to deduct 4 % (but at least € 40) from the agreed freight price. A subsequent refund of the premium is no longer possible. The Contractor shall, 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.

17. Duty of Care

The Contractor is obliged to select and supervise employees and other vicarious agents with the care of a diligent carrier. During the performance of the order, the consumption of alcohol and/or drugs is strictly prohibited. The Contractor must ensure a clean appearance and daily personal hygiene of the driving personnel. Before handling unpackaged products, hands must be washed or clean gloves must be worn. The Contractor must furthermore ensure that the vehicle deployed is in a flawless technical condition and corresponds to the state of the art; in particular, the vehicle deployed must be preventively serviced and regularly inspected. Only flawless vehicles, trailers, semi-trailers, tanks, swap bodies/containers, cranes, technical facilities and other equipment suitable for the respective order may be used. Unless otherwise agreed in the transport order, the vehicle provided for the commissioned transport must meet the requirements of a covered vehicle in accordance with the CMR. Damage to tarpaulins and bodies, condensation in the loading space, loading surfaces that are not swept clean, and where the loading space is not odour-neutral, may lead to vehicle rejections at the loading points and to the charging of costs and damages. The loading space must be cleaned in such a way that it is ensured that no impairment of the freight occurs. In the case of tank vehicles, a cleaning certificate must be obtained from a certified cleaning company before loading.

The provisions of the ADR, the Road Traffic Regulations (StVO) as well as the Motor Vehicles Act (KFG) must be complied with in full. The vehicle must be swept clean, clean and odour-free, and the tarpaulin absolutely watertight. The minimum internal height of the semi-trailer must - unless otherwise agreed - be 2.70 m.

The maximum permissible gross weight of the truck permitted by law must not be exceeded. The Contractor must ensure that the maximum permissible axle loads are not exceeded and that the load is properly distributed over the loading surface.

In the event of non-compliance with the above agreements/instructions, the Client reserves the right to have the vehicle equipped by the loader at the Contractor’s expense. If this is not possible, the Client reserves the right to procure a replacement vehicle and to charge the Contractor a

contractual penalty amounting to the freight of the replacement vehicle! This contractual penalty is excluded from the judicial right of mitigation and is fault-independent. Any claim for damages exceeding this shall remain unaffected. In any event, a processing fee of € 35.- shall be charged for this effort.

18. Vicarious Agents

The Contractor is obliged to inform its employees and other vicarious agents, in particular subcontractors, demonstrably (in writing) of the obligation to comply with the provisions of these conditions, and to satisfy itself, with the care of a diligent carrier, that these security measures are actually complied with. The Contractor must furthermore ensure that the truck drivers deployed hold all permits required under foreign-employment or posting law and are employed in accordance with the laws of the country in which the vehicle is registered. The evidence and documents required under the respectively applicable statutory provisions (in particular work and residence permits) must be carried by the driver. The Contractor undertakes to provide exclusively such drivers who have at least such knowledge of the language at the place of departure and taking over as is necessary to communicate sufficiently with the sender and consignee as well as with the authorities. The Contractor confirms that the driving personnel hold a valid, internationally applicable driving license and a certificate pursuant to Directive 2003/59/EC (EU professional-driver training). The driver must be specially trained for all prerequisites of the transport and carry the necessary certificates. In particular, the requirements in the area of ADR and StVO, load securing and in the area of safety regulations/safety clothing must be specially met. For safety reasons, the driver must at all times 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). In the case of 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 loader at the Contractor’s expense. If this is not possible, the Client reserves the right to procure a replacement vehicle and to charge the Contractor the costs in full. The Contractor is held fully liable by the Client for all consequential costs arising therefrom! In any event, a processing fee of € 35.- shall be charged for this effort.

19. Driving Times, Remuneration

The Contractor is solely responsible for compliance with all statutory provisions on driving and rest times as well as for the legally compliant remuneration of the driving personnel. This applies in particular to all provisions of the Wage and Social Dumping Prevention Act (LSD-BG), the provisions of the German Minimum Wage Act (MiLoG), which prescribes for transports from, to and through Germany a minimum remuneration of currently € 8.50 gross per hour, as well as any other applicable provisions on compliance with minimum remuneration. The Contractor is obliged to inform its employees and other vicarious agents, in particular subcontractors, demonstrably (in writing) of the obligation to comply with the MiLoG provisions, and to satisfy itself, with the care of a diligent entrepreneur, that these are actually complied with. Upon request, the Contractor shall present to the

Client, without delay, corresponding evidence of compliance with these statutory provisions. The Contractor undertakes to fully indemnify and hold the Client harmless, i.e. also without limitation as to amount, in respect of all expenses/costs/claims/demands (irrespective of the legal basis) arising in connection with the breach of this agreement or the non-compliance with the MiLoG provisions (including the ordinances issued in this regard by the German Federal Ministry of Finance). This applies in particular also to the incurrence of administrative costs, representation costs and also advisory costs.

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

20. Customer Protection

Customer protection is deemed agreed; upon the acceptance or brokering of orders or any other contact with customers of the Client and all companies that are in any way involved in the transport order, all claims of the Contractor against the Client lapse. Furthermore, for the breach of this competition or customer-protection clause, a fault-independent contractual penalty, exempt from the judicial right of mitigation, amounting to € 35,000.-, irrespective of the actual amount of damage, is agreed. Any claim for damages exceeding this shall remain unaffected thereby.

21. Duty of Confidentiality

For all transports there exists a duty of confidentiality which strictly prohibits the Contractor from passing on to third parties any information that becomes known to it in the course of carrying out the order. The Contractor is liable here for all agents. In the event of an unauthorised passing on of information to third parties, a fault-independent contractual penalty, excluded from the judicial right of mitigation, amounting to € 10,000.- shall become due. The Client expressly reserves the right to assert any damage exceeding this.

22. Fixed Prices

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

23. Unloading in Accordance with the Consignment Note/Transport Order

The unloading of the goods may only take place at the consignee address or delivery address stated in the transport order/consignment note. Changes may only be made with the express permission of the Client. If the information in the consignment note deviates from the transport order, this must be coordinated with the Client before execution.

24. Loading Dates, Delivery Periods

The present transport order is binding unless an objection is raised within one hour of receipt by the Contractor. The Contractor must arrive with its vehicle at the loading point at the agreed loading date. In the event of a failure to provide the vehicle, a contractual penalty, excluded from the judicial right of mitigation and independent of the actual damage, amounting to 80 % of the freight (fault-independent) shall become due. For

the late arrival at the loading point, a fault-independent contractual penalty of € 100.-/hour shall become due. Any damages exceeding this shall remain unaffected in both cases. Unloading dates are deemed to be delivery periods within the meaning of Art. 19 CMR. The loading and unloading dates are absolute fixed dates. The Contractor acknowledges that compliance with the delivery periods is of particular importance to the Client and that the Client therefore has a particularly important interest in compliance with the delivery periods. In the event of delays of any kind, the Client must be informed immediately. If the Contractor fails to fulfil this obligation, this entitles the Client to a deduction amounting to 30 % of the freight.

For a delay in the delivery period, a fault-independent contractual penalty of
€ 100.-/hour shall become due.

Any damages exceeding this shall remain unaffected thereby. Furthermore, in the event of a delivery delay, a processing fee amounting to € 75.- shall become due. The Contractor must check, before taking over the transport order, whether the delivery period can be met. Should the loading and/or unloading point change, the Contractor is obliged to carry out the modified transport order, and the freight price shall be adjusted in amount accordingly and appropriately.

25. Loading and Unloading, Load Securing

The Contractor is obliged to carry out the loading and unloading. Damage attributable to circumstances occurring during loading or unloading shall fall within the Contractor’s sphere of liability. The Contractor shall ensure that the load is properly secured and complies with the statutory provisions. In particular, the Contractor is under the obligation to ensure the traffic safety as well as the operational safety of the transport and of the load securing. The obligation to secure the load lies exclusively with the Contractor, even where the sender has loaded the goods. The Contractor must ascertain all sources of damage before carrying out the transport and, 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 must be obtained from the Client. Upon taking over the goods, the Contractor must check the number of items, the condition and the weight of the transported goods. In the case of deviations in quantity, quality and taking-over temperature from the specifications provided by the Client, as well as in the case of defective packaging, stowage, or where checking is impossible, the loading must be stopped immediately and only continued after consultation and express instruction of the Client. In the case of any discrepancies, the Client must be informed immediately and corresponding reservations must be entered on the consignment note. Decisive for the proof of the packages taken over by the driver at the respective loading point is the acknowledgement of receipt to be signed.

When loading different products in one loading unit, these must be clearly separated and particular attention must be paid to ensuring that no cross-contamination caused by incompatible products occurs.

26. Limitation

All claims against the Client, irrespective of the legal basis and irrespective of the degree of fault, are time-barred within 6 months. The running of the limitation period begins in all cases at the time of the placing of the respective transport order.

27. Contract Language

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

28. Applicable Law, Place of Jurisdiction

The contractual relationship is governed by Austrian law to the exclusion of the provisions of private international law (IPR). For all disputes between the parties in connection with this agreement, including disputes concerning the valid existence of this agreement, the jurisdiction of the court having subject-matter competence for A-4063 Hörsching is agreed. The contract language is both German and English.

This agreement is valid even without confirmation!

As of: July 2021