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1. 1. These trading conditions apply for forwarding agents to the goods transport, the loading and all other commercial activities by the enterprise Hans-Georg Gaspar, Liebigstr. 75, D-45145 Essen, in the following mentioned.
1. 2. The carriage of goods is subject to the law of carriage in the commercial code (HGB [German accounting requirements]) so far not in the following deviating regulations to be met. During the international carriage of goods compellingly the regulations of the convention of the road haulage (CMR) apply.
1. 3. Trading conditions of the client apply only, if they are confirmed in writing by the forwarding agent. Orders, instructions, explanations and reports are valid in each informal written version. Subsequent changes are to be marked in writing as such clearly.
1. 4. The burden of proof for contents as well as the correct and complete transmission carries, who appoints itself to it, as far as for explanations writing is required, stands it the long-distance data transmission and each otherwise readable form directly, if she makes the exhibitor recognizable.
1. 5. It always applies with conclusion of a contract, our most current version of the general trading conditions. This can be seen in the InterNet under http://www.gaspar.biz/, or be requested directly with us. Unangekuendigte changes remain reserving.
2. 1. Carried or shipping all bulk materials become, for the transport with motor vehicles to 24 t permitted total weight (perhaps with trailer) are suitable.
2. 2. From the transport or loading bulk materials the disgust-exciting materials are excluded contain, dangerous goods those the regulation over the transport of danger property on the road -GGVS/ADR- (German dangerous road haulage ordinance) are subject and special marking obligation need and goods to the refuse disposal right to be transported must (see 5. 4.).
2. 3. The transport takes place via the forwarding agent. The forwarding agent is to be used entitled subcontractors. Selection of the route of transportation and mode of conveyance is incumbent on the forwarding agent, it is it something else was in writing agreed upon.
2. 4. The height of the payment for the transport achievement depends on the price list of the forwarding agent or appropriate special arrangements. All offers of the forwarding agent apply only in the case of immediate acceptance for the immediate execution of the client concerned, if nothing contrary from the offer result, and only if with distribution of the order to the offer is referred.
2. 5. Agreed upon machines, in principle the client takes over the costs of the transportation of the wheel loader or different one.
3. 1. Calculations of the forwarding agent are to be settled immediately without discount payment.
3. 2. Delay of payment steps without it a reminder or an other condition requires, at the latest 30 days after entrance of the calculation, if it did not occur already before after the law.
3. 3. The forwarding agent may compute valid basis interest rate of the European central bank in the case of the delay interest at a value of 5% per annum over that, at the time of the entrance of the delay.
Loading time, unloading time and standing times of the vehicles become with the usual wage/wage per hour priced, likewise the unused service life of the wheeled loader, even if it came to delays, if the forwarding agent does not have to answer for these.
5. 1. The forwarding agent clings national after HGB (German trade civil code) and internationally after CMR.
5. 2. For damage and time for delivery excesses due to higher force or from other, those not in the area of responsibility of the forwarding agent lying causes (e.g. strike, lockouts, war, tempest, traffic conditions, etc..) no adhesion exists.
5. 3. The forwarding agent does not procure the insurance of the cargo by the goods defective obligation insurance (§ 7a GüKG [§ 7a German road haulage law]), beyond that exists any rights of recourse in relation to the transport enterprise relative to the fourth section (forwarding trade) of the HGB (German trade civil code), which applies in connection with the freight contract and/or the carried property be made could.
5. 4. For all financial and material damage by the delivery/hiring from the transport impossible of goods, at means of transport and special of the forwarding agent develop, clings the client. The adhesion enclosed likewise all damage to persons, environment as well as other is civilian and criminal consequences.
5. 5. Claims for damages from positive demand injury, from the Veletzung of obligations with treaty negotiations and from bad action are excluded.
The client places all documents necessary for the customs clearance and is responsible for their contents. The sender is conscious itself that incorrectly made declarations can have, civilian and criminal consequences.
If a clause in this general trading conditions, not should correspond to the valid in each case right then the remainder of the general trading conditions remains further valid also then. In place of the quite-invalid general trading conditions, then after the sense equivalent, legally german permissible clause is valid.
Requirements exist only opposite the forwarding agent. Area of jurisdiction is the seat of the forwarding agent, therefore Essen, Germany.
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