General Terms and Conditions for Carriers
General Terms and Conditions for Transport Companies (AGB_TU_DE)
In these General Terms and Conditions, TF Spedition & Logistik GmbH is referred to uniformly by the abbreviation TFS&L or Client for reasons of better readability and clarity. This abbreviation always stands for the full company name TF Spedition & Logistik GmbH and has no effect on the validity or legal binding nature of the contents of these General Terms and Conditions.
1. Binding nature of the transport order
This transport order is binding even without counter-confirmation. TFS&L's orders are placed exclusively on the basis of these terms and conditions. They shall apply to all future business relations, even if they are not expressly agreed again. The most recently transmitted version shall always apply. Counter-confirmations by the contractor with reference to its own terms and conditions are hereby rejected. Deviations shall only be effective if they have been confirmed in writing by TFS&L. These terms and conditions shall remain effective even if individual parts are not effective for any reason whatsoever.
2. Insurance obligation
The contractor must have transport liability insurance with a minimum coverage of 250,000 euros ( 600,000 euros for cabotage transport within Germany) per claim (including Art. 29 CMR), subject to individual exceptions (see transport order page 1). Proof of this must be provided in German or English. If this proof is not provided at least 1 hour before the planned loading date, TFS&L is entitled to take out insurance for the sufficient amount and deduct 3 % from the freight rate. The assertion of any further damage remains unaffected.
3. Transport permits & driver's licences
TFS&L requires that the contractor has the necessary transport permits and carries them in the truck (EU license, CEMT, etc.). Furthermore, the drivers employed by the contractor have all the necessary permits (driver's license, ADR license for dangerous goods shipments, residence and work permit).
4. Use of sub-carriers
The use of sub-carriers requires the express written authorisation of TFS&L. In case of violation, a contractual penalty of 10,000 euros will be due, in addition to any damages incurred
5. Prohibition of forwarding to freight exchanges
Freight enquiries and orders from TFS&L may neither be offered directly nor neutralised via freight exchanges. A fee of EUR 5,000 plus VAT will be charged in the event of non-compliance.
6. Prohibition of loading and reloading
There is an absolute ban on loading and reloading. An offence will be considered a total loss.
7. Safety during transport
The contractor is obliged to only take breaks in guarded parking lots. The truck must be secured against theft. The load may only be handed over to the recipient designated by TFS&L - changes require written consent.
8. Adherence to delivery dates
The aforementioned dates (loading/unloading times) are fixed dates and must be adhered to. If a contractor negligently violates these dates, he must pay TFS&L a contractual penalty in the amount of the proven damage incurred by TFS&L.
The contractual penalty is due immediately. We also reserve the right to retain the amount of freight payments and, if necessary, to offset them against the customer. Further claims for damages remain unaffected by this.
9. Acceptance and delivery of consignments
The acceptance and delivery of the shipments by the driver is deemed to be agreed. If there are any discrepancies during acceptance, TFS&L must be informed immediately.
10. Load securing
The contractor or driver is responsible for loading the vehicle in a roadworthy manner, in particular compliance with the permissible axle loads and securing the goods with tensioning belts and barriers. Costs or delays resulting from non-compliance with these instructions must be borne by the contractor.
11. Notification of delays
Delays or transport obstacles must be reported to TFS&L immediately. If a suitable vehicle is not provided, TFS&L may arrange a replacement at the contractor's expense.
12. Procedure in the event of damage
The contractor must immediately report any damage or claims for compensation made against him to TFS&L and the insurer in writing. In the case of any damage that is likely to exceed the amount of EUR 3,000.00 or whose amount cannot be reliably estimated, an average assessor, who may be requested from the insurer, must be commissioned immediately to assess the damage and his instructions must be followed. If the client commissions an average assessor, the contractor will cover the costs incurred. Any traffic accident or theft must be reported immediately to the relevant police authority. The contractor must help to reduce the damage, obtain instructions from the client and follow them without reservation. In the event of damage, we reserve the right to withhold the amount of the damage from freight payments in order to clarify the business case and, if necessary, to offset it against the amount.
13. Exchange of pallets
Euro pallets or E-PAL pallets must be exchanged immediately. If they are not exchanged, we grant a return period of 14 days. If you do not provide proof of the return of the pallets by then, they will be immediately invoiced to the contractor at a price of EUR 25.00 plus VAT per item plus a one-off administration fee of EUR 15.00 or the amount invoiced by the shipper TFS&L. Returns after the deadline (invoicing) are no longer possible and will not be accepted by us. Any exchange of pallets, including non-exchange, must be proven by suitable receipts. If there is no non-exchange certificate, the loading equipment will also be charged EUR 25.00 per item or offset against the shipper's invoice amount. Pallet slips issued by the driver are only valid if they have the stamp and signature of the sender or recipient of the goods. Notes on the CMR consignment note must also be countersigned by all parties involved in the pallet exchange; a note alone is not sufficient. Our pallet invoices are due immediately. We also reserve the right to retain the amount of freight payments and to offset them if necessary. Further claims for damages remain unaffected.
If the number of pallets delivered cannot be fully exchanged upon delivery to the recipient of the goods, the recipient will incur a debt directly to the delivering company. The company must assert these pallet debts directly to the recipient of the goods. TFS&L is not responsible for these pallet debts.
14. Demurrage regulation
24 hours at the loading and unloading points and 72 hours at border and inland customs offices are generally free of demurrage. Reimbursable downtime must be reported immediately. If no report is made, the demurrage claim is void. We only reimburse days of demurrage if they are confirmed on the CMR or a waiting certificate with the date, time, stamp and signature. Saturdays, Sundays and public holidays are generally free of demurrage. Demurrage is only reimbursed if the downtime is not the fault of the contractor and the driver has met all of the deadlines set for him. Each full reimbursable downtime is agreed separately in each individual case, but not more than EUR 30.00 per hour or EUR 250.00 per day (plus VAT).
15. Billing documents
Invoices will only be accepted if the original, signed CMR consignment note and all other accompanying documents are enclosed. For refrigerated transport, a legible temperature record must be presented.
If no temperature record can be presented, a confirmation or a temperature extract from a workshop is required. At the contractor's request, a credit note procedure can also be used after receipt of the freight documents.
We would like to point out that in the case of counter transactions, we also offset freight claims regardless of any payment terms. This serves to simplify payment processing, which in this case can take place in both directions.
16. Deadlines for proof of delivery
The complete and legible delivery receipts must be sent to invoice.de@tfs-l.com within 7 days of unloading. If original receipts are also required, these must also be sent to us immediately. If this deadline is not met, we will immediately charge a flat-rate fee of EUR 50.00 (plus VAT), which we will offset against your freight charges.
17. Term of payment
The terms of payment specified in the transport order shall apply.
18. Prohibition of assignment
Claims against TFS&L may not be assigned or sold to third parties.
19. Set-off
a) The client TFS&L is entitled to offset all claims against the contractor's claims contrary to the conditions of the General Forwarding Conditions (AÖSp/ADSp).
b) Set-off or retention against claims arising from the transport contract and related non-contractual claims is only permissible if the counterclaim is due, undisputed, ready for decision or has been legally established.
20. Rest periods for drivers
The contractor is obliged to ensure that the driver spends the regular weekly rest period within the meaning of Art. 8 para. 6 of Regulation (EC) No 561/2006 outside the vehicle.
21. Minimum wage regulations
a) By concluding the contract, you confirm that you are aware of the current regulations regarding compliance with and payment of a minimum wage in the Federal Republic of Germany and in France.
b) You guarantee us that you and your subcontractors or vicarious agents will independently comply with the provisions of the MiLoG and the French Loi Macron.
c) You undertake to indemnify us against all claims for compensation made by third parties and authorities due to violations of applicable minimum wage regulations, including fines, penalties, etc. based thereon.
22. Additional provisions for refrigerated transport
a) Loading, unloading and transport temperatures must be checked and set according to the sender's instructions. In the event of any uncertainty or discrepancies in the temperature information, Unterer must be informed immediately. It must be ensured that the set cooling unit is operated continuously. b) Temperature records must be sent to TFS&L .
b) The contractor undertakes to keep temperature records for the entire transport period and to send these to Unterer GmbH without being asked to do so. For GDP transports, the recording interval may be set to a maximum of 15 minutes and recording must begin one hour before loading.
All temperature records must be kept in accordance with the respective applicable legal requirements (see, among others, Regulation (EC) No. 37/2005 of 12 January 2005 for frozen foodstuffs = at least 1 year; Guidelines 2013/C343/01 of 5 November 2013 for good distribution practice of medicinal products for human use = at least 5 years).
c) The driver must pre-cool the loading area of the vehicle and, when loading, ensure that sufficient circulation of cooling air is guaranteed and that the load does not damage or disable the cooling equipment, and in particular load third parties (the sender's loading personnel) in accordance with the above instructions.
d) Sufficient barrier poles must be carried to secure the load
e) The loading area must be clean, dry, free from foreign odors and generally suitable for the transport of food (no meat strips including hooks).
f) The truck used by the contractor must comply with the applicable ATP regulations. A corresponding certificate and confirmation of calibration must be presented to us on request.
23. All components of the transport order are binding and must be complied with by the contractor. The contractor is liable to Unterer and its customers for any violations of the requirements of the transport order. The contractor undertakes to indemnify Unterer against claims arising from violations and to bear any additional costs caused thereby. Unterer is entitled to pass on any additional costs to the contractor and to deduct these from freight charges even without the contractor's consent.
24. Customer protection
The contractor undertakes to protect the customer towards the freight forwarder. He may not take over transports directly or indirectly from the freight forwarder's customers who become known to him in the course of his work, nor may he transfer such orders to third parties. In the event of a violation, the contractor undertakes to pay compensation in the amount of EUR 15,000.00 per violation.
25. Place of jurisdiction
The place of jurisdiction for both contracting parties is DE-74076 Heilbronn. This contract is subject to the law of the Federal Republic of Germany.
26. Data protection
TFS&L confirms strict compliance with the legal requirements of the GDPR. The currently valid version of the TFS&L data protection agreement applies to this order and can be viewed on the homepage (www.tfs-l.com).
27. Quality management
The contractor undertakes to comply with the TFS&L Code of Conduct.