Terms and conditions of TNC Express oHG, Friedrich-Ebert-Straße 98, 58454 Witten, for transport orders placed with contractors (carriers).
The following conditions apply exclusively to all services under this contract. Conflicting conditions of the contractor shall not apply; no express objection is required. Additional agreements must be made in writing.
Unless otherwise stipulated in these conditions, domestic transports are subject to the German Freight Forwarders’ Standard Terms and Conditions 2017 (ADSp 2017). Note: In clause 23, the ADSp 2017 deviate from statutory law with regard to the maximum liability for damage to goods (§ 431 HGB) by limiting liability for multimodal transport including sea carriage and an unknown place of damage to 2 SDR/kg and, in all other cases, additionally limiting the standard liability of 8.33 SDR/kg to EUR 1.25 million per claim and EUR 2.5 million per event, but at least 2 SDR/kg.
International and cross-border transport is subject to the provisions of the CMR Convention.
The contractor undertakes to fully insure its liability under the HGB and CMR and to provide evidence upon request.
The contractor’s freight invoices must be accompanied by original consignment notes, customs documents and original exchange documents. If the principal suffers damage due to missing original documents, the contractor shall be liable in proportion to its fault up to the full amount of the damage.
The agreed payment term is 45 days after receipt of the invoice including all original consignment notes, customs documents and original exchange documents.
The Cologne pallet exchange rules apply to the exchange of load carriers. The rules are available at bgl-ev.de for viewing and printing. If, after expiry of the four-week return period following delivery, there are still shortages at the loading point for which the contractor is responsible, we reserve the right to claim the resulting costs of replacement and provision at the loading point. The contractor may prove that the actual expense was lower. Set-off of undisputed pallet-exchange claims against the contractor’s claims shall be deemed agreed once TNC Express asserts the expense. TNC Express is released from the obligation to return load carriers if the contractor, without justified reason, refused to accept load carriers offered by the consignee or fails to provide written evidence that no or insufficient load carriers were offered for exchange. Assumption of the exchange risk by the carrier is expressly part of the contract and is separately remunerated.
The contractor is obliged to:
Upon first request, the contractor shall indemnify the principal against all third-party claims arising from a breach of its obligations under the Minimum Wage Act or from a breach of the obligations of subcontractors/temporary-work agencies commissioned by it. This indemnity applies both to civil liability and to fines imposed on the principal because of violations by the contractor or subcontractors/temporary-work agencies used by it, as well as to related legal prosecution and defence costs. It also expressly applies to claims by social security institutions and tax authorities.
The contractor must inform the principal immediately if claims are made against it by its own employees, employees of a subcontractor or a commissioned temporary-work agency in connection with the Minimum Wage Act, or if it becomes aware that such claims are being asserted by third parties, in particular social security institutions or tax authorities. The same applies if administrative-offence and/or criminal proceedings related to the Minimum Wage Act are initiated against the contractor or it becomes aware of corresponding investigations, including against a subcontractor or commissioned temporary-work agency.
Upon request, the contractor must provide the principal with all remuneration records required to verify compliance with § 20 MiLoG. This obligation may also be fulfilled by a certificate from the contractor’s tax adviser confirming compliance with § 20 MiLoG or by confirmation from the employee assigned to the relevant order that remuneration at least equal to the minimum wage was received.
The contractor undertakes not to have the services owed by it performed by a subcontractor/temporary-work agency. Subcontractors/temporary-work agencies may only be used with the principal’s prior consent. If consent is granted, the contractor must provide the company name and registered office and oblige the subcontractor/agency to perform the services itself and comply with all obligations under the transport order and these terms. The contractor must carefully select the subcontractor or agency used and verify compliance with the obligations under MiLoG.
If the contractor culpably breaches these obligations, TNC Express is entitled to terminate the contractual relationship without notice and without prior warning.
TNC Express is entitled to regularly request a tax compliance certificate from the contractor. The contractor is obliged to obtain it immediately upon first request from the competent tax office and provide it to the principal.
The transport order is subject to customer protection. For at least one year after completion of the order, the contractor shall not work, directly or indirectly, for the TNC Express customer who commissioned the transport. In the event of a violation, a contractual penalty of EUR 10,000.00 is immediately due.
The contractor must protect the cargo against theft and robbery at all times. Loaded vehicles may only be parked in guarded parking areas.
Any theft, robbery or accident involving possible damage to or loss of cargo must be reported immediately to the competent police station and TNC Express.
The contractor must ensure suitable load-securing equipment in accordance with VDI 2700 et seq., such as tensioning straps, anti-slip mats and edge protectors, is carried on the vehicle. It is responsible for correct and sufficient load securing and for loading that is safe for operation and carriage. Before departure, the driver must inspect the goods taken over for damage and ensure suitable load-securing measures, including during transport.
The contractor warrants that it holds the permits or authorisations required under the GüKG and carries them during transport. It shall instruct its driving personnel to present the relevant certificates and licences to the principal or its representative upon request.
In the event of disruptions or delays of any kind, e.g. loading or unloading obstacles, TNC Express dispatch must be informed immediately by telephone and subsequently in writing by fax or email.
If the contractor incurs costs for reasons outside its sphere of risk that are not already covered by the freight charge (e.g. excessive loading times or delivery obstacles), these may not be invoiced to the principal if the information obligation under clause 17 was not fulfilled.
If the contractor does not perform the transport order or does not perform it on time, TNC Express will endeavour to provide a replacement vehicle. Any additional costs resulting from commissioning another carrier shall be borne by the contractor. In addition, the contractor must pay a flat contractual penalty of EUR 150.00 in this case.