General Terms and Conditions
General Forwarding Conditions
We work exclusively on the basis of the German Freight Forwarders' Standard Terms and Conditions 2017 - ADSp 2017 - and - insofar as these do not apply to the provision of logistics services - in accordance with the Logistics General Terms and Conditions, as of March 2006. Note: Section 23 of the ADSp 2017 deviates from the law with regard to the maximum liability amount for damage to goods (Section 431 HGB) by limiting the liability for multimodal transports including sea transportation and unknown damage location to 2 SDR/kg and otherwise limiting the standard liability of 8.33 SDR/kg additionally to 1.25 million euros per claim and 2.5 million euros per damage event, but at least 2 SDR/kg.
New ADSp valid from 01.01.2017!
German Road Haulage Act (GüKG)
The Contractor undertakes to use the permit, authorization or license only in accordance with the statutory provisions or to use only a carrier who uses the permit, authorization or license properly. This also includes, for example, compliance with the cabotage requirements in Article 8 of Regulation (EC) 1072/2009 or, if a CEMT permit is used, the requirements of Section 7a GüKGrKabotageV. - The Contractor undertakes to deploy foreign drivers from third countries only with the required work permit or driver's certificate. He further undertakes to ensure that the driving personnel possess the documents required under Section 7b (1) sentence 2 GüKG and carry them with them on every journey. - The Contractor undertakes to hand over all official documents to be carried to the Client for inspection upon request by the Client. These include in particular
- Permit, license or authorization within the meaning of § 6 GüKG and, if applicable
- driver's certificate
- Documents for the driving personnel according to § 7 b para. 1 sentence 2 GüKG
- CEMT trip report booklet
GTC for customs clearance
Validity
HARTMANN INTERNATIONAL provides all customs services exclusively on the basis of these General Terms and Conditions (GTC) and the customs authorization issued by the client.
The GTC agreed below shall apply to all future business relations, even if they are not expressly agreed again. Any deviating terms and conditions of the client are hereby rejected.
The German Freight Forwarders' Standard Terms and Conditions (hereinafter: ADSp), as amended from time to time, shall apply in addition, unless otherwise provided for in these Terms and Conditions.
Conclusion of contract
A contract between HARTMANN INTERNATIONAL and the client is concluded by placing an order via the CARGOLO web portal, at the latest when the client signs and returns the customs authorization.
The legal relationship between HARTMANN INTERNATIONAL and the client shall be governed solely by the agreed content of the contract, including these General Terms and Conditions. Verbal promises made by are not legally binding and verbal agreements between the contracting parties are replaced by the contract concluded in text or written form
HARTMANN INTERNATIONAL provides customs declarations (import and export) in the form of direct and indirect representation in accordance with Art. 18 para. 1 of the Union Customs Code (UCC), whereby the form of representation is determined by the power of attorney provided by the client.
Obligations of the client
The client must grant HARTMANN INTERNATIONAL the customs power of attorney transmitted within the framework of the conclusion of the contract.
The customer is obliged to inform HARTMANN INTERNATIONAL immediately of all information required for the respective order processing or customs clearance or to hand over the necessary documents in good time. At least however:
- Information regarding the goods (number, type, weight and value)
- Proof of origin and proof of preference
- Import or export licenses
- Import and export licenses
- Binding customs tariff information
- Coding for documents and declarations on prohibitions and restrictions in the Atlas IT procedure (Y codes)
- Monitoring documents
- Goods certificates
- Commercial, pro forma or customs invoices
- Packing lists
- Bills of lading/transport documents
The client guarantees the correctness and completeness of the information provided. HARTMANN INTERNATIONAL is not obliged to check the information provided by the customer for correctness and completeness. Any queries from HARTMANN INTERNATIONAL must be answered immediately.
Binding customs tariff information (BTI) or binding origin information relevant for order processing must be communicated to HARTMANN INTERNATIONAL when the order is placed. If no corresponding notification is made, HARTMANN INTERNATIONAL is entitled to assume that no binding BTI or BISO exists.
The customer is obliged to check the customs declaration and tax assessment notices for the correctness of the data contained therein, e.g:
- Nature of goods
- Customs tariff numbers
- Value of goods
- Number, type and weight of goods
- Transportation and other costs relevant to the customs value
- Status of the goods
- Y-codes
and others without delay. HARTMANN INTERNATIONAL must be informed immediately in writing of any discrepancies.
In the case of export deliveries, the customer is obliged to present the goods at the customs office of exit or to have this carried out by the commissioned transport company. HARTMANN INTERNATIONAL shall notify the customs office of export of the presentation of the goods on the day following the notification between 08:00 and 10:00. Unless otherwise instructed by the customer.
Upon request, the client must make all requested documents available to all authorized authorities and control bodies. All documents on which the customs declaration is based, such as movement certificates, declarations of origin, freight documents, etc., as well as the customs declaration, must be retained by the client in accordance with the statutory periods.
Remuneration, terms of payment
HARTMANN INTERNATIONAL shall provide the agreed service at the agreed service prices after advance payment via the available payment service providers. The prices are in EURO plus the statutory value added tax.
Additional or special services which HARTMANN INTERNATIONAL has to provide on the instructions of the customer and/or the authorities shall be charged separately in accordance with the following list prices. These are payable immediately.
If the customer uses the deferment accounts of HARTMANN INTERNATIONAL, he undertakes to pay all charges incurred in this connection plus a commission of 2.5% on the capital outlay. Payment must be made immediately.
In addition, the customer undertakes to pay for other expenses incurred by HARTMANN INTERNATIONAL. Other expenses include in particular
- Legal costs to defend against unjustified claims against HARTMANN INTERNATIONAL in connection with the fulfillment of the order for the customer
- Fines, penalties and late payment penalties plus interest, unless HARTMANN INTERNATIONAL is responsible for them
- additional expenses due to incorrect or incomplete documents, data and information provided by the client. The additional expenditure shall be charged according to the actual expenditure incurred. This shall be based on EUR 65.00 net per hour or part thereof (but at least EUR 12.50 per invoice for additional work).
- Submission of an application for reimbursement to the competent authorities on the basis of false, incorrect or incomplete information/documents by the client.
- If an order is canceled after the start of processing, the expenses/costs incurred shall be borne by the client. However, at least a cancellation fee of EUR 12.50 per order.
Vicarious agents
HARTMANN INTERNATIONAL is entitled to employ vicarious agents. The customer confirms that the vicarious agents selected by HARTMANN INTERNATIONAL may carry out the customs clearance or individual services within the scope of the respective order.
Inspection obligations of HARTMANN INTERNATIONAL
HARTMANN INTERNATIONAL is not obliged to check the inspection obligations incumbent on the customer or to carry out inspections for prohibitions and restrictions or foreign trade restrictions itself. The customer shall be responsible for the relevant checks and shall inform HARTMANN INTERNATIONAL in writing of the relevant results of the checks. HARTMANN INTERNATIONAL must also be informed in writing in the event of unconfirmed suspicions. If an order violates statutory prohibitions or if HARTMANN INTERNATIONAL is aware of justified indications of such a violation, HARTMANN INTERNATIONAL is entitled to suspend the contractually owed services immediately and without compensation
Liability of HARTMANN INTERNATIONAL, limitation of liability
HARTMANN INTERNATIONAL's liability for damages is limited as follows.
HARTMANN INTERNATIONAL shall not be liable in the event of simple negligence on the part of its employees, legal representatives or other vicarious agents, insofar as this does not involve a breach of material contractual obligations. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
Insofar as HARTMANN INTERNATIONAL is liable for damages, this liability is limited to such damages which HARTMANN INTERNATIONAL could have foreseen as a possible consequence of a breach of contract at the time of conclusion of the contract or which HARTMANN INTERNATIONAL should have foreseen if it had exercised due care.
In the event of liability for simple negligence, HARTMANN INTERNATIONAL's obligation to pay compensation for damages is limited to an amount of 100 times the respective service price per order per case of damage, even if it is a breach of material contractual obligations.
If customs-related information is provided by HARTMANN INTERNATIONAL or if HARTMANN INTERNATIONAL acts in an advisory capacity and this information or advice is not part of the contractually agreed scope of services owed by HARTMANN INTERNATIONAL, this is done free of charge and to the exclusion of any liability.
Data protection
HARTMANN INTERNATIONAL is entitled to process personal data within the framework of the fulfillment of the service to be provided and in compliance with the applicable data protection regulations. HARTMANN INTERNATIONAL ensures that suitable technical and organizational measures for data protection are implemented. HARTMANN INTERNATIONAL is also entitled to check the data transmitted by the customer in order to counteract any actions in breach of contract or the law. This applies in particular in the event of suspicion of manipulation in the context of customs declarations or the entire customs clearance process.