General Terms and Conditions of Carriage of IMO Logistics GmbH & Co. KG

Preamble

1. The business purpose is to transport or arrange for the transport of consignments. Unless otherwise stipulated by the following General Terms and Conditions (GTC), transport shall be carried out in accordance with the statutory provisions,
   in particular the Commercial Code (HGB). The provisions of the Convention on the Carriage of Goods by Road (CMR) shall apply to international carriage of motor vehicles, unless otherwise specified in the following General Terms and Conditions; for international carriage by air, the rules of the “Warsaw Convention” (WA) as amended by The Hague 1955.
2. These General Terms and Conditions shall apply exclusively to each contract, unless there are any mandatory statutory provisions to the contrary. Contrary terms and conditions of the client shall only apply if they are confirmed by us in writing.

• 1 Conclusion of contract

The contract of carriage between the client and the contractor (IMO Logistics GmbH & Co. KG) is concluded by oral or written acceptance of IMO Logistics GmbH & Co. KG’s offer to the client.

• 2 Delivery

(1) Delivery of shipments shall be effected by IMO Logistics GmbH & Co. KG only against the signature of the recipient or other people from whom it may be assumed under circumstances that they are authorized to accept the shipment.

(2) IMO Logistics GmbH & Co. KG determines the shipping method and the shipping route, unless otherwise expressly agreed.

(3) IMO Logistics GmbH & Co. KG is entitled to commission other transport companies with the transport of the consignment handed over by the customer.

(4) Term data are generally without legal guarantee. The observance of a certain delivery deadline is not obligated, unless expressly agreed. If possible, delivery on the same day (Sameday service) can be expressly agreed. In the event of non-delivery, the delivery period is extended by at least one day.

(5) Charging a receipt of goods is incompatible with the international express system. IMO Logistics GmbH & Co. KG therefore does not accept any obligation to collect goods. Corresponding clauses, which the shipper or customer includes in the shipment order, do not create any obligation for IMO Logistics GmbH & Co. KG to comply with these clauses, even if this is not expressly contradicted.

(6) IMO Logistics GmbH & Co. KG is authorised, but not obliged, to open consignments for verification of addresses or for similar important reasons (e. g. customs reasons).

• 3 Non-delivery, order changes

(1) In the case of shipments whose acceptance has been refused by the recipient or which could not be delivered for other reasons, the return shall be effected at the applicable tariffs, unless otherwise agreed. If the recipient is not ready to accept more than 5 working days, the customer will also be charged any storage costs incurred.

(2) Costs arising from a tour rescheduling by the client or other entitled persons shall be borne by the client.

• 4 Remuneration of services

(1) Orders are calculated according to the price list of IMO Logistics GmbH & Co. KG valid on the day of shipment. Any deviations from this require an express oral or written individual agreement.

(2) Costs from incomplete order transmission, non-free dispatch, misaddressing, insufficient packaging, customs clearance, interim storage, additional journeys to the recipient, returns, re-disposal or from goods that cannot be automatically sorted shall be calculated separately according to the current price list.

(3) Invoices of IMO Logistics GmbH & Co. KG are due for payment immediately and without deduction.

(4) Individual invoices may be drawn up for a reasonable additional fee. Upon request of the client, IMO Logistics GmbH & Co. KG will provide a written proof of delivery for a fee.

(5) Import turnover tax, import duties and other related expenses shall be payable on delivery, all other amounts immediately after receipt of the invoice.

(6) If freight charges, costs or expenses are to be paid by the consignee or have been caused by him, the client IMO Logistics GmbH & Co. KG shall reimburse the expenses not paid by the consignee at first demand.

(7) Even if the client specifies other terms of payment (recipient pays, third party pays, customs charges to consignee etc. ), he shall be primarily liable for all costs, including transport costs and possible extra charges, as well as for all costs due to customs duties and taxes, including those incurred in connection with them and for which we have entered into advance payments, as well as for all customs duties customs duties, yellow fines and fines. The customer shall also be liable for all costs which may arise from returning the consignment to him or from temporary storage of the consignment.

(8) If a new invoice has to be created due to incorrect information in the shipment order, IMO Logistics GmbH & Co. KG will charge an additional fee.

• 5 Late payment, set-off, right of retention

(1) If payment is not made by the customer, the delay in payment shall occur without further reminder at the latest fourteen days after the goods have been taken over or ten days after receipt of the invoice, whichever is later, unless otherwise agreed.

(2) In the event of default of payment by the client, IMO Logistics GmbH & Co. KG shall be entitled to charge the client 1% interest per calendar month commenced. We reserve the right to assert a higher damage caused by default, as well as to prove that the damage caused by default did not occur or only in a lower amount.

(3) IMO Logistics GmbH & Co. KG shall be entitled to withhold consignments for due invoices until the claims against the customer have been settled.

(4) The client is not entitled to set off against claims by IMO Logistics GmbH & Co. KG or to assert rights of retention, except in the case of claims which have been legally established or recognised as justified by IMO Logistics GmbH & Co. KG.

• 6 Obligations of the contracting authority, dangerous goods

(1) When placing an order, the client shall inform IMO Logistics GmbH & Co. KG of all material factors influencing the execution of the contract, such as weight, quantity, value of the goods, dangerous goods and deadlines to be observed.

(2) The principal shall ensure that the goods, insofar as their nature requires packing taking into account the agreed transport, are packaged in such a way as to protect them from loss and damage (for transhipment, truck and air transport) and to prevent damage to the carrier. Damage resulting from packaging that is not safe for transport shall be borne by the customer.

(3) The client shall also ensure that the goods are marked accordingly, insofar as their contractual treatment so requires. Each consignment must be accompanied by a corresponding shipping order. The order must be properly affixed to the consignment. Each consignment shall be considered as an individual consignment.

(4) Shipments that are inadequately packaged at the discretion of IMO Logistics GmbH & Co. KG are excluded from carriage. If a consignment is incorrectly addressed, IMO Logistics GmbH & Co. KG will transport the consignment back to the sender at his expense.

• 7 Exclusion from carriage

(1) Goods of special value shall not be transported. This includes, but is not limited to, coins, banknotes, postage stamps, transferable securities (in particular cheques, bills of exchange, savings books, shares or other collateral), precious stones, gold, silver or other jewellery, industrial diamonds, loose metals, one-off items, works of art, antiques, slides with a value of more than EUR 5, all shipments whose value exceeds 500. – EUR, unless additional insurance has been taken out or the special product value shipment has been ordered.

(2) The following shall also be excluded from carriage:

• Goods which by their nature impair and endanger other goods, which are subject to rotting and rapid spoilage
• Dangerous goods of Classes 1 and 7.
• Radioactive substances
• Goods the contents of which may be detrimental to other goods or other objects, animals or persons Goods the import or export of which is prohibited by the directives of the participating countries
• Items subject to the postal monopoly (§ 51 PostG)
• Firearms within the meaning of § 1 Weapons Act

(3) In the case of international transport, goods excluded from air transport in accordance with the provisions of the International Airtransport Association (IATA) or the International Civil Aviation Organisation (ICAO) shall also be excluded.

(4) If goods excluded from carriage are taken over without special notice, the principal shall also be liable without fault for any damage arising therefrom. IMO Logistics GmbH & Co. KG is entitled to reject shipments on the basis of the content declaration in accordance with the shipping documents.

(6) IMO Logistics GmbH & Co. KG is not responsible for any inspection with regard to the exclusion of carriage. The taking over of goods excluded pursuant to § 7 (1) to (3) does not constitute a waiver of the rights of § 410 HGB. This also applies to goods excluded under these conditions.

(7) IMO Logistics GmbH & Co. KG is entitled to refuse acceptance or further carriage if there is reason to believe that the shipment is excluded from carriage in accordance with § 7 (1) to (3).

(8) If a hazardous or excluded consignment is transported back to the sender, the customer is also liable for the costs of the return transport according to our current prices.

(9) IMO Logistics GmbH & Co. KG shall be entitled to recycle goods excluded from transport but taken over, if the situation warrants, by notifying the customer, or to destroy them in order to avoid risks.

(10) Non-free shipments are excluded from international shipping. Without exception, the sender is liable for all transport charges.

• 8 Provisions for customs clearance

(1) The consignor shall produce all documents required for customs clearance. By submitting the required documents, the client confirms that all declarations, export and import information are true and correct. The customer is aware that incorrect statements made with fraudulent intent may have civil and criminal consequences, including the seizure and sale of the goods.

(2) When the consignment is handed over to IMO Logistics GmbH & Co. KG, IMO Logistics GmbH & Co. KG or a company commissioned by IMO Logistics GmbH & Co. KG as customs agent, is entrusted with customs clearance. IMO Logistics GmbH & Co. KG is used as a nominal recipient for the purpose of commissioning a customs broker to handle customs formalities.

(3) Customs penalties, storage fees and other costs incurred due to actions of customs authorities or due to lack of complete export documents, licenses or permission certificates on the part of the consignor or the consignee shall be invoiced to the consignee together with any customs duties and taxes levied.

(4) If the consignee does not pay on first demand, the consignor – and if different from the principal, the principal – shall be liable for payment.

• 9 Liability

(1) IMO Logistics GmbH & Co. KG shall be liable to the customer for loss of or damage to the consignment in case of national direct transports with 8. 33 special drawing rights for each kilogram of the gross weight of the consignment (§ 431 HGB) or up to a maximum of 500,- EUR, whichever is higher, as well as for reimbursement of freight, public charges and other costs arising from the transport. If only individual packages or parts of the consignment have been lost or damaged, the amount of liability shall be calculated on the basis of the gross weight of the entire consignment if the entire consignment is thereby devalued, otherwise only on the basis of the gross weight of the damaged or lost part of the consignment. In the event of delay or pecuniary loss, only §§ 431 para. 3 and 433 HGB.

(2) In the case of consignments in international road transport, the liability provisions of the CMR shall apply.

(3) IMO Logistics GmbH & Co. KG shall be released from liability – regardless of the legal grounds – if and insofar as the damage is caused by an instruction of the client or his vicarious agents which is not at the fault of IMO Logistics GmbH & Co. KG or by circumstances which IMO Logistics GmbH & Co. KG could not prevent with the care of an ordinary merchant. has been taken into account. Such circumstances include, in particular: force majeure, nature of the broadcast, war or military events, riots and unrest, industrial action, electrical and magnetic damage to or deletion of electronic or photographic images, data or records.

(4) Liability is excluded in the case of damage resulting from packaging that is not safe for transport within the meaning of § 6 (2). Furthermore, liability is excluded insofar as transport goods are excluded from carriage within the meaning of § 7 (1) to (3).

(5) The client shall indemnify IMO Logistics GmbH & Co. KG in the event of loss, damage or delay from all claims of third parties, including its own insurers, which exceed the liability granted to IMO Logistics GmbH & Co. KG under these terms.

• 10 Establishment of claims for damages, limitation period

(1) Liability claims shall expire if they are not asserted in writing at the time of handover, if the damage is externally recognizable, or within 7 days after delivery of the consignment.

(2) Liability claims shall be time-barred after one year, in the event of intent or gross negligence after three years. The limitation period shall begin on the expiry of the day on which the consignment was delivered or should have been delivered.

• 11 Insurance

(1) Insurance coverage by forwarding insurance (SpV) does not exist.

(2) Upon prior agreement, however, the client may take out separate insurance against damages for which IMO Logistics GmbH & Co. KG is not liable as a result of the limitation of liability. The limitation of liability of IMO Logistics GmbH & Co. KG acc. Section 9 remains unaffected by this. The client is entitled to the higher coverage from the (higher) insurance to be taken out.

• 12 Privacy Policy

(1) IMO Logistics GmbH & Co. KG is entitled to collect, store and process data provided by the client in connection with the services and to pass them on to other partner companies of IMO Logistics GmbH & Co. KG, including cross-border ones, insofar as and for as long as this is necessary for the provision of the services. The client declares his agreement to the collection and processing of data as well as to the transmission also to state agencies or customs authorities.

• 13 Written form

(1) Side agreements and other agreements must be in writing.

• 14 Severability clause

(1) Should one of the provisions above be or become invalid, the validity of the remaining provisions shall not be affected. The ineffective provision is to be replaced by another appropriate arrangement, which is economically closest to what the contracting parties would have wanted or would have wanted if they had considered the ineffectiveness of the arrangement.

• 15 Applicable law, place of performance and jurisdiction

(1) The law of the Federal Republic of Germany shall apply exclusively.

(2) The place of performance and place of jurisdiction for all rights and obligations arising from the contractual relationship is Berlin for both parties, provided they are merchants.