General Terms and Conditions, Bella SpeditionsgmbH, 6300 Wörgl
Unless otherwise agreed, the present General Terms and Conditions shall apply to the transport orders. The provisions of the Convention on the Contract of Conveyance for International Freight Traffic (CMR) and the General Austrian Forwarders' Standard Terms and Conditions (AÖSp - latest version) shall apply in a subsidiary capacity to these General Terms and Conditions.
Should the present Terms and Conditions run contrary to a contracting partner’s Terms and Conditions, the present Terms and Conditions take precedence. The transport orders of Bella SpeditionsgmbH are also binding without counter confirmation.
Prices, dates, payment, customer protection:
The freight price is agreed to be all inclusive (incl. all travel costs, fuel costs, toll costs, pallet exchange fee etc.). We do not accept factoring!
Our payment takes place 30 days after receipt of the ORIGINAL DELIVERY DOCUMENTS (CMR, delivery notes, pallet notes) + your invoice, or alternatively within 3 days with a 3% discount for early payment.
It is expressly agreed that the customer may offset all claims/receivables of the contractor against each other.
The validity of §32 AÖSp or other set-off prohibitions are thus expressly excluded.
The given dates are FIXED and the interest in the delivery is hereby declared to be EUR 100.000,--. We must be informed immediately of any delays in acceptance or delivery of the goods!
The parties agree that there shall be no demurrage charges for loading and unloading the lorry for a period of 24 hours. Prerequisites for the assertion of additional demurrage claims are the prompt deployment of the vehicle at the loading or unloading site as well as the establishment of proof of the demurrage fee demands (confirmation of arrival or departure time from the consignor or consignee).
For an early or late delivery or a late pick-up outside the date and time frame specified in the transport order, a penalty of EUR 200,-- is agreed even without proof of specific damage.
If the vehicle/loading area is not made available for agreed transports, a contractual penalty to the amount of the agreed freight price is agreed.
Absolute customer protection shall be deemed as agreed. Unauthorized contact at the place of loading or unloading also constitutes a violation of customer protection. In the event of non-compliance, a contractual penalty of EUR 20.000,-- shall be imposed.
Loading and unloading, customs documents, transport process, breaks:
Rest periods and breaks must be taken in monitored parking areas.
Re-loading of the shipment is only permitted with our express written consent. The contractor is solely and independently liable for infringements due to overloading and for any other penalties in connection with the transport and damage of any kind; and the contractor shall indemnify and hold blameless Bella SpeditionsgmbH in this respect.
It is forbidden to carry out this contract as an INTERMODAL freight contract unless this has been agreed in writing. In the event of non-compliance, Bella SpeditionsgmbH is entitled to charge a penalty of EUR 200,-- per order. Transference of the transport to third parties is only permitted with our express written consent.
The contractor undertakes to check customs documents for correctness and completeness. The presentation of goods at the EU external borders or to the responsible inland customs office must be confirmed in writing by the contractor. The contractor is liable for the proper presentation and clearance and must indemnify and hold Bella SpeditionsgmbH completely blameless in the event of any claim being made against it.
Bella SpeditionsgmbH hereby expressly rejects any kind of contractual penalties/fines and declarations of value.
Insurance sum min. EUR 300.000,--. The insurance premiums are to be paid on time and in full. The maximum liability sums and regulations according to CMR apply to all claims for damages or liabilities against Bella SpeditiongmbH. The contractors (freight forwarders, sub freight forwarders) of Bella SpeditionsgmbH shall confirm the conclusion of a CMR insurance policy. If this is not the case, the absence of such CMR insurance must be reported to Bella SpeditionsgmbH before the order is accepted. In such a case, Bella SpeditionsgmbH is entitled to take out a CMR external freighter insurance at their expense, whereby we deduct the premium (4% of the agreed freight + EUR 20,-- processing fee) from open freight contracts.
Correct quantities on delivery are deemed as agreed. We must be immediately notified of any shortfalls or damaged goods determined on acceptance or unloading and this is to be confirmed by the shipper or consignee.
The costs of the replacement of prescribed loading materials that were not exchanged will be charged at EUR 12,80/pallet + EUR 20,-- administration fee and set against open freight invoices. A confirmation of the exchange is to be sent to us with the freight invoice (with company stamp and legible signature), otherwise we will assume that no exchange took place. Pallets that are not exchanged are immediately invoiced. If the pallets are returned (with pallet note) within the agreed time frame, the invoice for the pallets will be credited without administration fees. The pallet exchange fee is included in the agreed transportation costs.
LAW GOVERNING THE EMPLOYMENT OF FOREIGN WORKERS, Milog:
by the acceptance and execution of the transportation, all contractors and freight forwarders are deemed to confirm that the driver of the deployed vehicle possesses a relevant work and residence permit. If this is not the case, the contractor or sub-freighter undertakes to reimburse Bella SpeditionsgmbH for all costs and damages incurred as a result thereof or, in the case of direct claim against the same, to fully indemnify Bella SpeditionsgmbH and hold Bella SpeditionsgmbH blameless.
MINIMUM WAGE LAW:
By accepting this transportation contract, the contractor (haulier, subcontractor) is obliged, during the carrying out of his services, to abide by all his obligatory responsibilities in his company as regards the valid relevant Minimum Wage Law (countries affected by the transport in question).
a) to pay the relevant legal minimum wage punctually and in the relevant legal minimum amount
b) to keep legally required documentation and notifications along with the deadlines and obligations contained therein
c) on demand by the employer Bella Sped GmbH, to provide appropriate proof (pay slips, time sheets, customs declarations) that he satisfies the aforementioned obligations
d) should the contractor (haulier, subcontractor) violate these obligations, he is obliged to pay a contractual penalty per violation to the employer Bella Sped GmbH regardless of fault and independent of the occurrence of damage. This contract penalty does not affect judicial arbitration. The employer has moreover the right to assert a claim against the contractor for actual damages incurred that go over and beyond the conventional penalty.
Place of jurisdiction, governing law:
The place of performance is expressly agreed to be the registered office of Bella SpeditionsgmbH in 6300 Wörgl, Gewerbepark 14. For legal disputes arising out of or in connection with a contractual relationship with Bella SpeditionsgmbH, the District Court of Kufstein shall have jurisdiction regardless of the amount in dispute.
The contract language is German.
Thank you for executing the contract in a responsible fashion and we wish you a safe journey!
Our VAT No.: ATU621110511
With kind regards,
Bella Spedition GmbH