Contractor 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: Auftragnehmer-AGB (German original).

General Terms and Conditions of REDER Transportlogistik KG as Contractor

1. Applicability

These General Terms and Conditions (AGB) apply to all services which REDER Transportlogistik KG renders or arranges in its capacity as the engaged freight forwarder or carrier (hereinafter referred to as the “Contractor”) for its contractual partner (hereinafter referred to as the “Client”). The Client agrees that these AGB, which may be viewed at any time at https://www.reder.co/auftragnehmer-agb, shall apply to all future transactions, irrespective of any renewed express reference thereto, in particular in the case of oral, telephone or teletransmitted orders. Deviating terms of the Client which are not expressly (in writing) acknowledged by the Contractor shall be invalid, even if no express objection is raised against them. Under no circumstances may the Client rely on its own terms and conditions, even if these were contained in orders. No terms and conditions of the Client that conflict with these “Reder AGB” and the AÖSp shall apply. The Client further agrees that these AGB shall apply to all future transactions, irrespective of any renewed express reference thereto, in particular in the case of oral, telephone or teletransmitted orders.

2. Offer

The Contractor’s offer is subject to change and is based on the consignment data specified by the Client, on prices, tariffs, exchange-rate conditions and other charges of all parties involved in carrying out the transport as valid today. The prices offered apply subject to available shipping space, loading space and empty containers. All surcharges specified are valid until revoked and subject to the introduction of further surcharges. All freight rates specified are valid only for shipment with the Contractor’s partners. The selection of the carriers shall be at the Contractor’s discretion.

3. Applicability of Conventions

The agreement of these AGB shall not affect the applicability of conventions in their respective valid version, insofar as their provisions mandatorily prescribe a deviating arrangement, such as the CMR.

4. Applicability of the AÖSp

In addition, the General Austrian Forwarding Conditions (AÖSp) in their respective valid version shall apply, published in the Official Gazette to the Wiener Zeitung 1947/184, last amended by the Official Gazette to the Wiener Zeitung 1993/68 (available on the internet in English and German at  https://www.wko.at/branchen/transport-verkehr/spedition-logistik/Allgemeine_Oesterreichische_Spediteurbedingungen_(AOeSp).html. The Client declares itself to be a prohibition customer (Verbotskunde) pursuant to §§ 39 et seq. AÖSp. The AÖSp shall also apply in relation to foreign Clients.

5. Cancellation

The transport order shall be binding unless a cancellation is made within one hour of its transmission to the Contractor.
If the transport order is not cancelled within one hour, the Contractor shall be entitled to a fault-independent contractual penalty amounting to 80 % of the freight price. Any claims for damages exceeding this amount shall remain unaffected.
The Contractor may cancel the transport order free of charge up to one hour before the agreed pick-up date.

6. Loading and Unloading

The Client shall be responsible on its own account for ensuring that the loading and unloading of the freight is carried out. Damage attributable to circumstances occurring during loading or unloading shall fall exclusively within the Client’s sphere of liability; this shall also apply where the Client is not in a contractual relationship with the actual loader/unloader. If, in an individual case, loading and unloading is actually carried out by an agent of the Contractor, such agent shall be deemed to be a vicarious agent of the Client. Responsibility for loading and unloading shall in all cases lie with the Client without exception. The Client shall ensure that the load is properly secured, complies with the statutory provisions and is furthermore secured and stowed in a manner that is safe for traffic and operation. The obligation to secure the load lies exclusively with the Client, even where the goods have been loaded by the truck driver. The Client warrants that the packaging is suitable for transport. The provisions of the AÖSp shall expressly apply to such services as well (packaging services, stowage services, container stuffing, load securing). Furthermore, the Contractor shall not be obliged to carry out any repair-related inspection of the goods. In the case of temperature-controlled transports, the Client shall be obliged to pre-cool the goods properly.

7. Assignment, Subcontractors

The Contractor reserves the right to pass on this freight forwarding or transport order to third parties, even without first obtaining the Client’s consent. The Contractor is therefore entitled to engage subcontractors. However, in selecting the company it engages, the Contractor shall exercise the care of a diligent freight forwarder or carrier.

8. Special Goods

The Client is subject to a duty to give warning with regard to special characteristics of the freight. The Client shall therefore, among other things, separately disclose if the value of the goods exceeds € 10.- per kilogram, if the goods are dangerous goods or waste, or if a particular risk of theft is associated with the freight. Furthermore, the Client must inform the Contractor of any particular sensitivity of the goods and of their correct handling (e.g. transport temperature, etc.). The Client confirms that it has a dangerous-goods safety adviser in its company and that it will provide all dangerous-goods-relevant data in accordance with the ADR. Goods that are or may become dangerous goods may only be offered to the Contractor for carriage, irrespective of whether they appear in official or unofficial, international or national codes or agreements, if their nature, type, name, labelling and classification have previously been communicated to the Contractor in writing and the Contractor’s prior written consent has been obtained. Furthermore, 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 nature and characteristics of the goods. The Client warrants that it will observe and comply with all statutory requirements under dangerous-goods law.

9. Declaration of Value, Special Interest in Delivery

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

No agreement on a declaration of value or of interest can be made. The Contractor expressly objects to any kind of declaration of value or of interest, in particular such as may increase the maximum liability amounts provided for in international conventions. It is expressly pointed out that any kind 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 of interest, even if no express objection is raised by the Contractor. An agreement to increase or waive maximum liability limits laid down in contractual conditions or in international conventions is not possible.

10. Damage

Where loss of or damage to the goods is not externally apparent, the sender or Client shall bear the burden of proving that the loss or damage occurred during the liability or transport period. Externally apparent damage must be asserted against the Contractor in writing immediately upon delivery, and externally non-apparent damage without delay upon discovery, but at the latest within seven days.

11. Compliance with All Regulations

The Client is obliged to comply with all applicable laws, regulations and rules as well as with 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 penalties, levies, expenses and damages incurred or suffered.

12. Delivery Periods

Loading and unloading dates specified are not delivery periods within the meaning of Art. 19 CMR, but only approximate guide values/standard transit times and can therefore not be guaranteed by the Contractor. Claims on account of the exceeding of performance periods (of whatever kind) are therefore not accepted by the Contractor, nor are any costs for possible consequential damage in the event of delays or late-payment surcharges for documents sent too late accepted. Any liability of the Contractor for the exceeding of loading dates/for the non-observance of “loading windows” is generally excluded, unless the Contractor missed these deadlines through “blatant gross negligence”.

13. Exchange of Loading Equipment

An exchange of loading equipment shall only be carried out insofar as possible and reasonable and only upon express written order, against payment of a surcharge of 10 % of the freight. The Contractor assumes no obligation to return pallets, loading equipment and empties and under no circumstances assumes the so-called exchange risk. In the event that - for whatever reasons - a pallet exchange is not possible at the sender or consignee, the Client shall have no claims against the Contractor, except in the case of intentional acts/omissions of the Contractor. The Contractor’s liability for “any loading-equipment differences” is thus entirely excluded. Insofar as a pallet exchange has been agreed, it shall be incumbent on the Client to arrange a sufficient pallet stock at the consignee. Costs for pallets not exchanged or additional costs for a later collection shall be invoiced to the Client. Loading equipment not exchanged due to the fault of the sender shall likewise not be exchanged and returned at the consignee.

14. Transport Insurance

Since the Contractor’s liability is limited, it is recommended to take out transport insurance. However, transport insurance shall only be taken out upon express written order.

15. Claim for Payment

The claim for payment of the freight arises upon delivery of the freight. The Contractor grants the Client a payment term of 30 days net from the invoice date. Cash discount deductions are not accepted by the Contractor. In the event of default in payment, the Contractor shall be entitled to interest amounting to 1.5 % per month pursuant to § 29 AÖSp. Furthermore, the Client shall bear in full all reminder charges incurred as well as the costs associated with the collection of the outstanding claim.

16. Crewing, Vehicle, Routes

The vehicles deployed by the Contractor are, as a rule, dispatched with one truck driver. Upon written agreement of a two-person crew and payment of a freight surcharge, the Contractor shall provide two drivers, whereby the risk of theft can be reduced. This is recommended in view of the current threat situation in European goods traffic. As a rule, the statutorily prescribed driving and rest breaks can only be taken at “conventional parking areas”. Should the Client wish the prescribed driving and rest breaks to be taken at guarded parking areas, this must be expressly disclosed to the Contractor in writing in advance and can be agreed against payment of an additional charge.

The vehicles deployed are, as a rule, ordinary curtain-side trailers. In order to minimize possible risks, in particular the risk of theft, it is however advisable to expressly instruct the Contractor in writing, against payment of an additional charge, to deploy a so-called box trailer, as this offers increased security.

The routes chosen by the Contractor are the fastest and most cost-effective routes. Should the Client wish a particular route in order to minimize possible risks, this must likewise be communicated to the Contractor expressly and in writing in advance, and another route may then be agreed against payment of a freight surcharge.

17. Liens and Rights of Retention

In respect of all claims, whether due or not yet due, to which it is entitled against the Client under the present contract, the Contractor shall have a lien and a right of retention over the goods or other items in its power of disposal. Unless the Client, when placing the order, expressly discloses the owner of the goods in the consignment note, the Contractor may assume that the freight is owned by the Client. The Client shall be entitled to prohibit the exercise of the lien if it provides the Contractor with an equivalent security (e.g. a bank guarantee).

18. Set-off

Under no circumstances shall the Client be entitled to make freight reductions or to set off counterclaims against claims of the Contractor. A prohibition of set-off and retention in favour of the Contractor shall apply without exception. § 32 AÖSp applies.

19. Demurrage

The Contractor shall be entitled to charge the Client demurrage amounting to € 450.- per day (in the case of a standing time of less than 24 hours, at least € 80.- per hour); the Contractor shall be entitled to the demurrage even where the Client is not at fault. A demurrage claim arises when a waiting time/standing time of a total of 1.5 hours is exceeded. In the case of a special transport, the Contractor shall be entitled to demurrage amounting to € 600.- per day (in the case of a standing time of less than 24 hours, at least € 120.- per hour)

20. 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.

21. 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, as well as disputes in connection with individual agreements concluded in performance of this agreement, the jurisdiction of the court having subject-matter competence for A-4063 Hörsching is agreed.

This agreement is valid even without confirmation!