1.1 These General Terms and Conditions apply to all contracts of carriage, freight forwarding, transport, storage and other logistics services provided by ECL Kontor GmbH, hereinafter referred to as the “Contractor”.
1.2 In addition, the German Freight Forwarders’ Standard Terms and Conditions (ADSp) 2017 shall apply in their respective valid version.
1.3 For international road transport, the Convention on the Contract for the International Carriage of Goods by Road (CMR) shall additionally apply.
1.4 Mandatory statutory provisions, in particular those of the German Commercial Code (HGB), shall remain unaffected.
2.1 Offers made by the Contractor are subject to change and non-binding unless expressly marked as binding.
2.2 A contract shall only be concluded upon written order confirmation or by the actual performance of the transport or logistics order.
2.3 Offers are based on the data provided by the Client, such as weight, dimensions, dangerous goods, goods value, packaging, loading and unloading points.
2.4 Deviations between the request and the actual shipment entitle the Contractor to adjust the agreed remuneration accordingly and to charge any additional expenses incurred.
3.1 The prices offered apply subject to stable market conditions and unchanged cost structures.
3.2 The Contractor is entitled to pass on short-term surcharges or cost adjustments if these are caused by third parties, in particular by:
Examples include, in particular:
3.3 Such surcharges may also arise after submission of an offer or after placement of an order and shall be charged accordingly.
4.1 The Client shall provide all information relevant to the performance of the order completely and correctly, in particular:
4.2 The Client shall be liable for any damage or additional costs resulting from incorrect or incomplete information.
4.3 The Client shall be responsible for any required documents, such as customs or export documents.
5.1 Stated transit times or delivery deadlines are non-binding guidelines unless a binding delivery deadline has been expressly agreed in writing.
5.2 Delays caused by the following circumstances shall not give rise to liability:
5.3 Agreed time slots shall be deemed fulfilled if the transport is carried out within the usual industry-standard timeframe.
6.1 The Contractor’s liability shall be governed by the statutory provisions of the German Commercial Code (HGB) and the ADSp 2017, unless mandatory statutory provisions provide otherwise.
6.2 For damage to goods during transport, the liability limits of the ADSp and the HGB shall apply in particular, generally 8.33 SDR per kilogram, unless mandatory international regulations apply.
6.3 For other financial losses, liability shall be limited to three times the amount payable in the event of loss, but no more than EUR 125,000 per damage event, where legally permissible.
6.4 The maximum liability per damage event shall be limited to EUR 2.5 million, where legally permissible.
6.5 For international road transport, the liability provisions of the CMR shall apply.
6.6 Any further liability shall only exist in cases of intent or gross negligence.
7.1 For additional logistics services, such as picking, packaging, assembly, storage or IT services, the principles of the Logistics Terms and Conditions shall apply additionally.
7.2 Liability for such services shall, where legally permissible, be limited to the agreed maximum liability limits for logistics services.
8.1 The Contractor maintains freight forwarder’s liability insurance covering its statutory liability under the ADSp and the HGB.
8.2 Additional transport insurance for the goods shall only be taken out upon the express request and at the expense of the Client.
9.1 Invoices are due immediately without deduction unless otherwise agreed.
9.2 The Contractor is entitled to request advance payments or security deposits.
9.3 The Contractor has a lien and right of retention over the goods handed over to it in accordance with the statutory provisions.
10.1 German law shall apply.
10.2 The place of jurisdiction for all disputes arising from the contractual relationship shall, where legally permissible, be the registered office of the Contractor.
