General Terms and Conditions of Thermologistic Frankfurt GmbH
1.a) The execution of transport orders for Thermologistic Frankfurt GmbH shall be subject to these GTC only. In case of discrepancies, these must be communicated in writing and require the consent of Thermologistic Frankfurt GmbH, otherwise the GTC of Thermologistic Frankfurt GmbH shall retain full effect.
1.b) If nothing to the contrary is stipulated in the GTC, the following shall apply:
- HBG and BGB
- Cross-border CMR
2 Execution of the transport orders
2.a) The freight forwarder is only allowed to broker the transport orders with the consent of Thermologistic Frankfurt GmbH (freight exchanges, etc.).
2.b) Thermologistic Frankfurt GmbH shall be informed immediately of any irregularities in the performance of the transport order.
2.c) If the freight carrier uses a subcontractor, it shall ensure that the provisions of the General Terms and Conditions are complied with.
2.d) Thermologistic Frankfurt GmbH reserves the right not to load the truck if it is determined that the truck does not meet the agreed criteria. The resulting costs shall be borne by the carrier.
3. invoicing and terms of payment
3.a) Payments shall be made after 30 days by Thermologistic Frankfurt GmbH only after punctual delivery of the goods and handing over of all necessary documents in the original to Thermologistic Frankfurt GmbH.
3.b) Set-off / Assignment
Claims against Thermologistic Frankfurt GmbH can only be set off or assigned if they are undisputed or legally binding.
4. exchange of loading equipment
Loading equipment must be exchanged at the loading point step by step in the same type and quality. The freight carrier shall be released from his obligation only if Thermotraffic Frankfurt GmbH has notified him in writing. Loading equipment must be exchanged at the loading point step by step in the same type and quality. The freight carrier shall be released from his obligation only if Thermotraffic Frankfurt GmbH has notified him in writing.
4.b) Loading equipment which is not exchanged shall be charged to the carrier at the usual market prices with a handling fee of 25€ per case.
5 Liability of the carrier
Liability towards Thermologistic Frankfurt GmbH is governed by the provisions of the (German) Commercial Code (HGB).
In the event of loss of or damage to the goods, a maximum liability of 40 SDR/Kg shall be deemed to have been agreed in accordance with § 449 Para.2S.1 No.1 HGB. In cross-border traffic, liability shall be governed by CMR.
The parties are obliged to treat all publicly accessible data and information confidentially and to use them exclusively for the intended purpose.
The obligation of confidentiality does not apply to data and information that must be disclosed to third parties due to legal obligations.
7 Applicable law and place of jurisdiction
7.a) German law shall apply to the General Terms and Conditions of Thermologistic Frankfurt GmbH as well as to the entire legal relationship between the carrier and Thermologistic Frankfurt GmbH.
8 Severability Clause
Should individual provisions of these GTC be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions of the GTC of Thermologistic Frankfurt GmbH. The invalid or unenforceable provision shall be replaced by the legal provision whose effect comes closest to the economic objective pursued by the parties with the invalid or unenforceable provision.