General Terms and Conditions Horse Transport
The following General Terms and Conditions contain the basic rules for the use of the services of ECG Logistics GmbH, Schwalbenstraße 1, 49459 Lembruch (hereinafter referred to as the carrier). These Terms and Conditions shall become an integral part of every legal transaction or/and act similar to a legal transaction between the carrier and the shipper for transport orders (hereinafter referred to as the client). Any terms and conditions of the Client deviating from these Terms and Conditions shall not apply insofar as the transport of horses is concerned.
§ 1 Subject of the contract
(1) The Transporter shall undertake the transport of horses and other live animals for the Client at home and abroad.
(2) The shipper shall inform the carrier in due time before the performance of the carriage of all essential details concerning the carriage for proper performance.
§ 2 Costs
(1) The costs of the respective transport order shall be governed by the contractual agreement between the carrier and the customer, cf. § 4 (1a). Invoicing takes place before the transport is carried out. Additional costs incurred in the course of the transport may be claimed by the carrier on the merits and in the amount customary in the industry, insofar as they have actually been incurred.
(2) Payment must be made no later than 7 days before the start of transport. If this deadline cannot be met, at the latest upon receipt of the invoice. Without payment no planning of the transport will take place. After receipt of payment, the transport will be planned bindingly, transports canceled thereafter cannot be refunded due to the planning that has already taken place.
§ 3 Handover of transported goods
The Client shall hand over the goods to be transported in a condition suitable for transport. The Client shall provide the carrier with the necessary and properly issued accompanying documents. Equine passport and preliminary documents (certificates, animal owner’s certificate, commercial invoice, etc.) are to be handed over to the transporter before the start of transport.
§ 4 Order
(1) The transport order begins with the issuance and ends with the arrival at the agreed transport destination.
(1a) The scope of the order shall be based on the services invoiced. Any deviating agreements must be made in writing.
(2) The contractual relationship may be recorded in a consignment note signed by the carrier and the principal. The consignment note shall contain the necessary information within the meaning of Section 408 of the Commercial Code. The consignment note may contain additional provisions.
§ 5 Loading and unloading
(1) Any loading and unloading shall be carried out by the Customer or by a person authorized by him.
The carrier is exempt from liability at the time of loading and unloading.
(2a) If the customer or a person authorized by him is not present at the time of loading and unloading, the carrier shall be deemed to have been commissioned. In this case, the carrier may carry out the loading and/or unloading at its own discretion; the carrier shall be exempt from liability in this respect.
(3) The Client shall have a maximum of 1/2 hour for loading and unloading for the respective operation. The loading period shall commence at the time the vehicle is made available by the carrier. The unloading period begins when the vehicle reaches the agreed first destination.
(4) If the carrier waits beyond the loading or unloading time, he shall be entitled to reasonable remuneration customary in the industry. The carrier shall be entitled to cancel the loading operation if it cannot be carried out within the given time. Any costs incurred up to this point shall be borne by the client.
(5) If loading has not been started or if loading is not successful although the loading period has already expired, the carrier shall set a reasonable grace period. If loading does not take place within the grace period set, the contract shall be deemed terminated. The carrier shall be entitled to the agreed remuneration less any expenses saved.
§ 6 Carriage of persons and objects
(1) The transport of persons and objects requires the express consent of the carrier.
(2) The transport is at your own risk, the carrier is in this respect exempt from liability (personal injury, property damage, etc.).
§ 7 Responsibility
(1) The carrier is exempt from liability insofar as the loss, damage or exceeding of the delivery deadline is due to the transport of live animals.
(1a) The carrier shall not be liable for any damage or loss caused by the transported goods.
(2) The carrier shall be released from liability insofar as the loss, damage or exceeding of the delivery period is due to circumstances which the carrier could not avoid even with the greatest care and the consequences of which he was unable to avert.
(3) If the carrier is liable for damage not caused by loss of or damage to the transported goods or by exceeding the delivery time, and if the damage is other than damage to property or personal injury, the liability is limited to three times the value that would have been payable if the transported goods had been lost.
(4) The carrier maintains a carrier’s liability insurance according to § 7a GüKG, whereby he is limited liable according to § 427 HGB. The transport is insured with 8.33 special drawing rights (SDR).
(4a) The Client is obliged to take out liability insurance for the transport to be carried out at its own expense. The Client may instruct the carrier to take out such insurance at its own expense.
(5) There is no further liability on the part of the carrier.
§ 8 Notice of claim
(1) Any damage must be reported to the carrier immediately until the completion of the order.
(2) If damage is not reported by the end of the order, it shall be assumed that the transport goods have been transported and delivered in a condition in accordance with the contract. This presumption shall also apply in the case of damage which is not immediately visible from the outside if the damage has not been reported within 1 day after delivery of the transport goods.
(3) The notice of claim must be made in writing.
§ 9 Place of jurisdiction
German law shall apply. The place of jurisdiction shall be determined by the registered office of the carrier if the client is an entrepreneur. If the client is a consumer, the place of jurisdiction for actions against the client shall be determined by the place of residence or the place of stay of the client.