General Terms and Conditions Freight Contract
FERNFRACHT Logistics GmbH
These General Terms and Conditions shall apply to all transport Service provided by FERNFRACHT Logistics GmbH, 5020 Salzburg, hereinafter referred to as FERNFRACHT, unless otherwise stipulated by mandatory national or international regulations.
Deviating or supplementary conditions of the contractor are not binding for FERNFRACHT, even if FERNFRACHT does not expressly contradict them.
The subject of the order is the proper and contractual transport of goods by the contractor using suitable means of transport as well as other ancillary service such as exchange of loading devices, upload of confirmed proof of deliveries and status messages on our FERNFRACHT Plattform Service, load securing using suitable aids, etc.
By accepting the Freight Contract issued to you, you accept these “General Terms and Conditions of Freight Contract”, “General Terms and Conditions for the Use of the FERNFRACHT Plattform Service” and “General Terms and Conditions for the Use of the FERNFRACHT Tracking APP” and their content. The Freight Contract is also binding without counter-confirmation. We are entitled to cancel the Freight Contract free of charge until 24 hours before the start of loading at the latest. The LINK sent to the contractor via e-mail leads directly to our FERNFRACHT Plattform Service. After confirmation of our “General Terms and Conditions Freight Contract”, the Freight Contract can be printed or saved.
Collection of goods exclusively on behalf of “FERNFRACHT”!
In the event of delays and other irregularities, FERNFRACHT must be notified immediately. Later complaints are null and void. As soon as a damage case becomes known, FERNFRACHT has to be informed immediately. If the damage probably exceeds a damage amount of 2,000 EUR, a cargo claims adjuster (Havariekommissar) has to be involved. Any traffic accident as well as theft and/or fire damage must be reported immediately to the responsible police station.
There is a strict prohibition of any transshipment and for completely chartered truck units there is a strict prohibition of additional loading!
In case of violation of the neutrality requirements, FERNFRACHT charges the value of the transported goods! In the event of non-compliance with the neutrality requirements of the Freight Contract, all claims of the contractor, in particular freight claims, shall lapse!
The driver must guard the loaded truck properly, in particular the vehicle may only be left locked with theft protection. In the event of interruptions to the journey (parking of the truck, rest breaks, waiting times, etc.), only guarded parking spaces may be used. A list of these can be requested from the IRU or from your trade association. The contractor shall also be liable to the same extent for other subcontractors employed. Vehicle keys as well as vehicle and freight documents may not remain in the unoccupied vehicle.
For all deliveries adherence to delivery dates are taken for granted; all orders are to be understood as fixed dates! We hereby declare a special interest in the timely receipt and delivery of the goods.
Status transmission via the FERNFRACHT Plattform Service is mandatory for every transport and an integral part of the Freight Contract! A detailed description of the FERNFRACHT Plattform Service can be found directly on the Plattform.
Should there be no, incorrect and/or delayed status transmission, we reserve the right to charge an increased handling fee of 25 EUR for each status not reported. We are dependent on timely and correct shipment tracking, as we are connected to our clients via IT interfaces.
In the event of delays or possible delays in delivery, we must be notified immediately. The information must be entered in the Feedback field on the FERNFRACHT Plattform Service.
The “General Terms and Conditions for the Use of FERNFRACHT Plattform Service” shall be deemed to have been agreed. These can be called up at any time at www.fernfracht.at under the heading “General Terms and Conditions” and will be sent on request.
Unless otherwise agreed in writing, an exchange of loading devices shall be deemed to have been agreed and you shall be liable for the return to the original shipper. All associated costs (exchange fees, repatriation fees, etc.) are already included in the agreed freight charge.
Should the loading of Euro, DD, H1 pallets or mesh boxes occur despite the prescribed NON-exchange, the NON-exchange must be confirmed by the loading or unloading point on a separate pallet note with stamp and signature.
In the absence of proof or if the pallet balance shows a claim in favour of FERNFRACHT, we will charge 15 EUR per europallet / Düsseldorferpallet; 65 EUR per H1 pallet; 110 EUR per mesh box; plus 20 EUR handling fee.
If within a period of 20 days from the date of unloading the proof of exchange is provided or the agreed double exchange has taken place, any transport units already invoiced, including invoiced handling charges, will be refunded. If the proof of exchange is submitted after the deadline, the charged transport units will be refunded, but the charged handling fees will be kept. If no other return periods have been agreed in writing, a return period of 3 months from the date of unloading shall generally apply. Return is not possible at a later date.
It shall be deemed agreed that a loading devices debt shall either be set off against counterclaims of the contractor or FERNFRACHT shall include it in an account for loading devices, respectively.
The driving personnel must be friendly and competent and follow the instructions of the loading and unloading personnel. All factory regulations (e.g. ban on smoking and alcohol, speed limits, safety precautions, etc.) must be observed! In addition, the driver of the vehicle must be in the physical and mental condition required for the intended journey. The truck drivers must pay attention to the forklift traffic; forklifts always have priority! The drivers must have at least the knowledge of the official language at the place of departure and destination in order to be able to communicate.
For the driver’s safety the complete safety equipment (safety vest yellow or red, safety shoes, safety helmet according to EN397, safety goggles, safety gloves, long working clothes) must be carried along. This must be worn on request or in accordance with factory regulations!
The loading and unloading of the goods by the driver is deemed to have been agreed. An electronic lift truck will be provided in each case.
The driver is obliged to ensure the legally prescribed minimum requirements, in particular with regard to compliance with the permissible total weight and the individual axle loads, by appropriate loading technology (compliance with load distribution plan, etc.). He is also responsible for checking the number of units and the integrity of the goods taken over.
Vehicles must be visibly clean, in perfect technical condition and odourless. The loading area must be dry, broom-clean and odourless and have a smooth, undamaged, clean loading surface. A waterproof, intact tarpaulin is also required. Unless otherwise agreed in the Freight Contract, the trailer must be crane-loadable (from above) and have an interior height of at least 2.8 meters. The floor construction of the truck must be capable of being driven on by a forklift; the truck floors must therefore be able to carry the load of the goods and the forklift! We accept no liability for any damage that may occur and will invoice you for the cost of a replacement truck in this case.
According to settled case law, as a carrier you are liable for reliable loading; you are also liable for your vicarious agent. The load must be secured by the driver properly and in accordance with the latest state of the art; you are responsible for the appropriate subsequent securing and the subsequent tensioning of the belts at the specified intervals.
You must carry with you a sufficient number and suitable quality of the aids required for securing the load, such as lashing straps (min. 24) incl. long lever ratchet, edge protectors (also for paper rolls), nonslip mats, boards (Stecklatten), clipboards (min. 3 pcs.), chains, customs cable, etc. If the load securing equipment carried is not available in sufficient quantity or quality, it must be replaced at the expense of the contractor. The costs incurred for this will be charged to you plus a handling fee and will be deducted from open freight charges.
Invoicing is carried out exclusively via credit note procedures! Transport invoices on your part will not be accepted. After positive verification of the uploaded proof of deliveries, you will receive your freight credit note for the transport carried out within 48 hours via e-mail – see also point 12.
Unless otherwise agreed in writing, the term of payment shall be 10 days with a deduction of 3 % discount after the credit note has been issued. We reserve the right to make payments after 40 days without deduction.
You undertake to transmit the confirmed (by stamp and signature) proof of deliveries (CMR consignment note, delivery notes, weighing notes, pallet notes, etc.) by direct upload to our FERNFRACHT Plattform Service for each transport carried out.
You will find the necessary LINK in the Freight Contract under “Settlement”. Please understand that the proof of deliveries can only be transmitted via the options listed above. You will find help for uploading directly on the FERNFRACHT Plattform Service.
The complete proof of deliveries must be uploaded within 15 days (from the date of unloading). If the above deadlines are not met, a fee of 35 EUR will be charged, which will be deducted directly from the agreed freight price. In exceptional cases, the original delivery receipts are required – this means that the upload on the FERNFRACHT Plattform Service is blocked and the period for receipt of the original proof of deliveries is extended to 20 days from the date of unloading.
The contracting parties agree that the issue and payment of the credit note require the provision of the proof of deliveries via upload to our FERNFRACHT Plattform Service or in exceptional cases (original) via post.
We are entitled to set off any claims (loading equipment invoices, transport damage, loading devices, increased handling fee with regard to delivery receipts and shipment tracking, etc.) against the outstanding balance of the contractor.
Waiting time at the loading and unloading point for the purpose of loading and unloading is free for 24 hours each. Additional demurrage charges can only be accepted if waiting times in the freight documents are confirmed by the loaded office and/or the consignee with stamp and signature, as well as names in block letters and a copy of the demurrage certificates (tachograph print etc.) is attached. We must be informed of any expected waiting times, immediately!
With the acceptance and execution of the present order, you also assure FERNFRACHT of compliance with customer protection in addition to all other conditions stated. You are expressly prohibited from taking on transports, neither directly nor indirectly via third parties, for all customers, nor to pass on such orders to third parties which become known to you within the scope of this contract. Even the initiation and any form of contact with our customers are considered as violation of customer protection and punished accordingly. A contractual penalty of EUR 2,000 to be paid by you to us shall be deemed agreed for each case of infringement. At the same time, we reserve the right to assert claims for further damages. The customer protection expires 1 year after execution of the order.
In addition, the contractor undertakes to maintain secrecy with regard to information and data (FERNFRACHT and its customers) that have become known.
As far as the contractor collects, stores, processes or transmits personal and other data for the fulfilment of the contract, the contractor undertakes to limit this to the extent necessary for the fulfilment of his contractual obligations. In addition, the contractor undertakes to comply fully with the applicable statutory provisions on data protection in the version applicable at the time.
By accepting the Freight Contract, you confirm that you are in possession of all legal permits necessary for the transport and that you have provided your drivers with any necessary work permits. You are liable for any irregularities. You are also liable to us for any irregularities on the part of your subcontractors. In addition, we hereby expressly refer to compliance with the regulations of driving and rest periods, the wage and social dumping control law (GüKBillBG), minimum wage laws in the various EU member states, available on our homepage www.fernfracht.at/home/pages/de/agb.php; it will be sent on request.
GENERAL TERMS AND CONDITIONS (GTC)
for use of FERNFRACHT PLATFORM SERVICE
(1) FERNFRACHT shall grant the user the necessary user rights for the intended use of FERNFRACHT PLATFORM SERVICE and related services, related documentation and written materials.
(2) The user is thereby granted a simple, non-transferable right of use for the platform and any related documentation and written materials.
(3) The user may use the platform provided only for its own business activities. Insofar as the user is allowed to have any third party which is not an employee of its company the user shall ensure that such third party is made subject to a duty of compliance.
(4) All rights to applications and related services as well as the related documentation, written materials and the user content shall remain with the original owner.
(5) FERNFRACHT may introduce new releases, versions, updates and upgrades for the platform provided, and is entitled to issue new releases, version changes, updates or upgrades in order to be able to offer the latest developments. The user shall have no right to claim any such further development.
(1) The user undertakes to treat as strictly confidential and not to pass on to any third party any information. Confidential information shall include all information which may have a negative impact on the competitive position of the information provider or cause other damage if it were to become known.
(2) The user must keep all such information strictly secret, use any information received from a provider only for the purpose in terms of the use of the platform, and exercise the same care and confidentiality which it would otherwise use in relation to its own information in order to protect it from being passed on, published or distributed.
(3) In this regard the user shall employ reasonable security measures and inform its employees and agents of such and make them subject to corresponding obligations of confidentiality.
(1) The user undertakes not to manipulate the platform and the functionality and not to introduce any material or data which could damage or steal other computer programs, computer systems, data or information.
(2) Information distributed to the user may be passed to third parties only with the prior written agreement of FERNFRACHT or its prior consent by e-mail. The above provision shall not apply to any information which can be viewed on the homepage without the use of a user ID or password.
(1) The user is obligated to observe and comply with all local, national and international laws, regulations, provisions and customs duties.
(2) The user recognizes that FERNFRACHT PLATFORM SERVICE is not designed for, and may not be used for enabling illegal agreements among competitors.
(3) The user shall ensure that it shall, for example, observe all third party rights in relation to material used in the transmission or placing of user content.
(4) The user shall not use any applications, which are racist, discriminatory, pornographic, potentially damaging to minors, politically extreme or otherwise unlawful or against official regulations or requirements.
(1) FERNFRACHT is entitled to make changes of the General Terms and Conditions and to the module descriptions as well as any other conditions and shall carry out such changes only if there is a good reason for doing so in particular because of new technical developments, changes in the law, and extensions to services or for other comparable reasons.
(2) FERNFRACHT shall inform the customer of any changes according to §5 section 1 by e-mail, letter or fax 14 days before such changes become effective. With the first action on platform after notification of the changes and the latter becoming effective the customer shall be declaring its agreement and acceptance.
(1) Other than as expressly set out in these AGB-terms or additional terms, neither FERNFRACHT make any specific promises about FERNFRACHT PLATFORM SERVICE. We do not make any commitments about the content within the services, the specific functions or their reliability and availability.
(2) When permitted by law, FERNFRACHT will not by responsible for lost profits, revenues, or data, financial losses or indirect or punitive damages.
(1) The place of jurisdiction for any legal disputes shall be Salzburg. FERNFRACHT retains the right to sue in the general court of jurisdiction of the customer.
(2) The place of performance and execution shall be the registered office of FERNFRACHT (Salzburg, Austria).
(3) The law of the Republic of Austria shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).