General terms and conditions of CARGONEXX GmbH  

 

(Current version: 05/2020) 

 

 

Contents

1. Application of the GT&Cs of CARGONEXX and of the ADSp 2017

2. Registration

3. Use of the Platform

4. Transport Orders from CARGONEXX to Carriers

4.1. Conclusion of a Transport Contract

4.2. Termination of the Transport Order by the Carrier

4.3. Planning and Fulfilling the Transport

4.4. Use of the Mobile CARGONEXX Application by the Carrier

4.5. Carrier’s Availability

4.6. Delays

4.7. Breach of Duties by the Carrier

4.8. Damage Reports by the Carrier

4.9. Loading Equipment

4.10. ADR Transports

4.11. Waybills and Delivery Notes

4.12. Charges for Transport Services

4.13. Payment Deadlines

4.14. Ban on Posting of Transport Orders on Freight Exchanges

4.15. Qualified Personnel, Minimum Wage Regulations

4.16. Proper Vehicle Equipment

4.17. Termination of Transport Order by CARGONEXX

4.18. Liability

5. Special Obligations of the User

5.1. Required Permits and Insurance

5.2. Right of Information and Control by CARGONEXX

6. Termination of the User Agreement

7. Data Protection

8. Liability for Use of the Platform

9. Changes to the GT&Cs

10. Governing Law/Jurisdiction/Miscellaneous

 

 

1.  Application of the GT&Cs of CARGONEXX and of the ADSp 2017 

CARGONEXX GmbH, Herrengraben 30, 20459 Hamburg (hereinafter “CARGONEXX“) operates an internet-based platform for fulfilling freight and haulage contracts (hereinafter “Platform“). Use of the Platform is solely on the basis of these GT&Cs and solely for commercial purposes. Divergent conditions of the User are invalid, even if their validity is not expressly denied by CARGONEXX. The express terms of framework agreements, relationship agreements and transport and haulage contracts shall take precedence over these GT&Cs if they regulate divergent matters. Unless clearly specified herein, the General German Haulage Terms 2017 (ADSp 2017) are valid in addition and in subordination to these GT&Cs. They can be inspected on the Internet under www.dslv.org.

 

2.  Registration 

Registration is required to use the Platform. The Platform may be used solely by commercial customers (hereinafter “Users”) who either commission CARGONEXX with arranging the shipment of goods (hereinafter “Clients“) or are commissioned by CARGONEXX to ship the goods (hereinafter “Carriers“). Upon successful registration, agreement to use the Platform (hereinafter “User Agreement”) takes effect. The User undertakes to provide his core data and the required documentation truthfully, or upload them and keep them up to date should any changes to the data occur. The User is liable for the correctness of his data. CARGONEXX checks the User’s details and documents and is entitled to ask for evidence of the User’s solvency. CARGONEXX reserves the right to refuse individual registrations without stating a reason. In such a case, no registration occurs. By registering on the Platform, the User accepts these GT&Cs.

 

3.  Use of the Platform 

CARGONEXX grants the User the right to use the Platform throughout the validity of the User Agreement. This does not apply at times when the servers used by CARGONEXX are not available due to maintenance work or for technical or other reasons outside the control of CARGONEXX.  

The documents uploaded by Users must be checked for possible harm (viruses, trojans, etc.). The User undertakes not to load any harmful software or programme codes onto the Platform.  

In the event of a breach of the foregoing, CARGONEXX is entitled to an extraordinary termination of this Agreement. CARGONEXX reserves the right to block individual Users from the Platform if a breach of these GT&Cs or of statutory regulations comes to light.

 

4.  Transport Orders from CARGONEXX to Carriers 

 

4.1. Conclusion of a Transport Contract

The Carrier submits a binding offer of a transport order by clicking the highlighted button on the Platform. The offer is based on the terms and conditions, requirements and charges with regard to transport published by CARGONEXX on its platform. CARGONEXX notifies the Carrier by email when the contract has taken effect. The Carrier is obliged to maintain its offer until it has received the emailed notification. With the acceptance of the offer by CARGONEXX, a binding freight contract between CARGONEXX and the Carrier takes effect. The Carrier declares that it had a sufficient opportunity to acquaint itself with the web-based offer submission and order fulfilment prior to concluding the freight contract. Furthermore, the Carrier declares that it has read and understood the terms and requirements of the relevant transport and is able to implement them in the freight contract.

An enquiry from CARGONEXX to the Carrier about a transport order is non-binding. If the Carrier declares it is prepared to fulfil the transport order, the contract takes effect only when confirmed by CARGONEXX.

 

4.2. Termination of the Transport Order by the Carrier

If the Carrier cancels or terminates the transport order confirmed by CARGONEXX, a processing charge of €20.00 is due. If an order is cancelled more than 24 hours prior to the start of loading, CARGONEXX is not entitled to compensation.  If the transport order is cancelled 24 hours or less prior to the start of loading, CARGONEXX reserves the right to claim compensation.

 

4.3. Planning and Fulfilling the Transport

Planning and fulfilling the transport are the sole responsibility of the Carrier commissioned by CARGONEXX to perform the transport. To fulfil its duties under transport orders, the Carrier may engage a sub-contractor as sub-carrier following prior written approval from CARGONEXX. If the Carrier appoints a sub-contractor as sub-carrier, the Carrier shall ensure by means of a suitable contract that the sub-contractor is equally obliged to abide by these GT&Cs and by the terms and conditions of individual contracts. The Carrier is liable for faults committed by a sub-contractor as if it were its own faults. In a transport order, CARGONEXX provides all the information that is important for the proper fulfilment of the transport. Unless otherwise stated in the transport order, the Carrier may deliver consignments as a collective load within the meaning of § 460 of the German Commercial Code (HGB). Under the terms of the freight contract, the Carrier undertakes to transport the good punctually and free of damage, and provide all the additional services connected with the transport. Unless otherwise stated in the transport order, and divergently from § 412 HGB, the Carrier must perform loading and unloading of goods in a safe manner. The Carrier shall take breaks only in guarded and video-supervised car parks. The Carrier shall ensure compliance with health and safety regulations. The Carrier complies with the requirements of Par. 4.2 of the General German Transport Terms (ADSp) 2017. CARGONEXX has the sole right to issue instructions regarding all transport issues. The Carrier shall draw CARGONEXX’s attention to any obvious irregularities with its instructions that are impossible to implement. If the Carrier discovers obstacles that interfere with or prevent a proper contractual fulfilment of the transport (e.g. damage to goods during transport, loss of goods, breakdowns and accidents), it shall obtain instructions from CARGONEXX promptly. The Carrier shall promptly report every robbery or theft connected with the transport order to the police, obtain written documentation or a copy of the report, and notify CARGONEXX.  In the event of an accident, the Carrier shall inform the police and, when details of the accident have been recorded, obtain a written confirmation of the accident or a similar document. CARGONEXX reserves the right to obtain a copy of the accident report from the Carrier.

 

4.4. Use of the Mobile CARGONEXX Application by the Carrier

The Carrier has the possibility of using a CARGONEXX MOBILE APP. For this, the Carrier sends a message from the CARGONEXX platform to its driver’s smartphone. This message contains a link. The driver clicks on the link and so enters the CARGONEXX MOBILE APP. The driver may have to update the CARGONEXX MOBILE APP to the latest version. By confirming that he has entered the CARGONEXX MOBILE APP, the driver starts the tracking function. By opening the CARGONEXX MOBILE APP, the driver grants his consent that the CARGONEXX MOBILE APP may use the appropriate services in his smartphone required for tracking and that CARGONEXX may use the geoinformation according to the terms of use of the CARGONEXX MOBILE APP. The terms of use of the CARGONEXX MOBILE APP and the basic data protection regulations for the tracking are laid down in the CARGONEXX data protection declaration.

 

4.5. Carrier’s Availability

The Carrier warrants that it or the driver employed by it can be contacted by CARGONEXX at any time during the transport. To assure its availability outside office hours, the Carrier shall give CARGONEXX an emergency telephone number or the driver’s telephone number, and shall allow CARGONEXX to contact the driver directly if the Carrier cannot be reached via the other numbers.

 

4.6. Delays

In the transport order, CARGONEXX agrees with the Carrier on the times when the freight is to be loaded and unloaded. Prior to concluding the freight contract, the Carrier checks whether he can comply with these times and by signing the contract, accepts them as binding. Delay occurs when the Carrier cannot keep to the agreed loading and unloading times. The Carrier is obliged to report all delays promptly and proactively to CARGONEXX. Promptly means that the message must be sent as soon as the Carrier has recognized a potential delay. If the Carrier fails to report a delay promptly, CARGONEXX is entitled to seek compensation from the Carrier for the loss. Divergent from clause 19 ADSp, in such a case CARGONEXX has a right of retention pursuant to § 369 HGB.

 

4.7. Breach of Duties by the Carrier

If the Carrier wilfully breaches its contractual duties, it shall compensate CARGONEXX for the losses resulting from the breach. If the Carrier cannot perform a transport at the agreed-upon loading and unloading times and without danger to the consignment, CARGONEXX may appoint a third-party carrier without setting a deadline and charge the Carrier with the resultant additional costs. As soon as CARGONEXX has determined a breach of duty, it shall send the Carrier an email saying that CARGONEXX has commissioned a third party with the transport and shall invoice the Carrier for the resultant costs.

 

4.8. Damage Reports by the Carrier

The Carrier must report all damage promptly Damage must be reported in text form by email to: claims@cargonexx.de . The Carrier must describe the damage or loss accurately and document it by suitable means (write-offs on the delivery note/receipt/waybill with date, time, signature, name of firm and stamp, vehicle registration number, photos). If the consignment is not delivered, the damage must be reported promptly upon expiry of the delivery deadline. If no delivery deadline was specified, the damage must be reported upon expiry of the usual delivery deadline.

 

4.9. Loading Equipment

The Carrier is not obliged to arrange replacements of loading equipment (e.g. euro pallets, Dusseldorf palettes or lattice cages), unless agreement has been reached to this effect. In the event of a contractually agreed exchange of loading equipment, an ideal exchange shall be made, with obligatory return delivery. The Carrier shall then have the quantity and type of loading equipment certified at the loading and unloading point.

 

4.10. ADR Transports

If carrying hazardous goods, the Carrier must employ only drivers who have been certified under Section 8.2.3 ADR and who possess a valid ADR licence, if required. The vehicles must be equipped with orange signs for the transport of hazardous goods pursuant to Section 5.3.2 ADR, fire extinguishing equipment pursuant to Section 8.1.4 ADR, other protective equipment pursuant to Section 8.1.5 ADR and written instructions pursuant to Section 5.4.3 ADR.

 

4.11. Waybills and Delivery Notes

Unless otherwise agreed in the freight contract, the Carrier may hand over the transported goods to the recipient only in return for a receipt of delivery. The Carrier shall ensure that the recipient acknowledges receipt of the transported goods and the unloading time on the waybill, with his business stamp, signature and the date. As evidence of proper transport and delivery, the Carrier must provide CARGONEXX with a digital copy of the waybill or other suitable transport document, and the original DPL certificate if applicable, within 24 hours of unloading. The digital copy may be a scan o a good-quality photograph of the relevant document.

 

4.12. Charges for Transport Services 

The requested transport services shall be provided at the rates agreed on when the transport order took effect pursuant to Par. 5.1. All charges are subject to value added tax at the statutory rate. The fees include all the costs required for the transport, e.g. toll charges. Additional expenses are only paid for upon agreement and submission of proof. Regarding the demurrage charge, the provisions of ADSp 2017 Clause 11 (“Non-Compliance with Loading and Unloading Times”) apply. Divergent from Clause 11.2 ADSp 2017, demurrage up to three hours is free of charge. Unless otherwise agreed in the freight contract, the demurrage charge is €35 per hour, and a maximum of €350 per 24 hours, and is calculated pro-rata for each commenced hour. Accumulated demurrage charges are to be reported promptly to CARGONEXX. CARGONEXX effects reimbursement only on production of evidence of accumulated demurrage charges. The payment deadline is subject to the provisions of Par. 5.12 of these GT&Cs.

 

4.13. Payment Deadlines

The payment deadline is 6 working days after the delivery documents have been received and checked. If the delivery documents are incomplete or illegible or should there be any open questions regarding transport (e.g. open pallet cases), the payment deadline runs only from the moment when all open questions have been clarified. The assignment of receivables for freight by the Carrier to third parties requires prior permission from CARGONEXX, except in the cases discussed in § 354a HGB.

 

4.14. Ban on Posting of Transport Orders on Freight Exchanges

Carriers may not:

• Post transport enquiries on freight exchanges or other mediation platforms,

• Post transport orders already concluded with CARGONEXX on freight exchanges or other mediation platforms

A breach of the ban may result in an immediate termination of contract by CARGONEXX without prior warning, in which case CARGONNEX reserves the right to claim damages.

 

4.15. Qualified Personnel, Minimum Wage Regulations

The Carrier shall engage only professionally qualified drivers for the transport. The Carrier shall also comply with the binding national regulations set forth in the Law on Goods Vehicles (GüKG), Law on Minimum Wages (MiLoG), Law on Combating Illegal Employment in Goods Traffic (GüKBillBG), Law on Working Hours (ArbZG) and the Regulation on Cross-Border Goods Traffic and Cabotage (GüKGrKabotageV), as well as with similar international legal instruments if transport occurs outside the Federal Republic of Germany. Clause 32 ADSp 2017 (“Compliance“) applies in particular. CARGONEXX and its clients are entitled to carry out random inspections. The Carrier indemnifies CARGONEXX against all claims from third parties caused by a breach of its duties under the above-named regulations. If the Carrier engages a sub-contractor as sub-carrier under the terms of Par. 4.3, the indemnification extends to all claims by third parties against the sub-contractor. This duty of indemnification applies to civil-law liability and to penalties imposed on CARGONEXX due to violations by the Carrier or by its sub-contractor. The duty of indemnification also applies to claims by social insurance funds and financial authorities. Comprehensive duties of information and disclosure are laid down according to Par. 5.2. In the event of default, CARGONEXX reserves the right of termination without notice.

 

4.16. Proper Vehicle Equipment

The Carrier is responsible for proper equipment of the vehicle according to the transport order. Par. 4.2 of ADSp 2017 applies as appropriate.

 

4.17. Termination of Transport Order by CARGONEXX

If CARGONEXX cancels the transport order more than 12 hours before the planned commencement of loading, the Carrier is entitled to no reimbursement and no claim for compensation for undelivered freight. If the transport order is cancelled less than 12 hours before the planned commencement of loading, § 415 HGB shall apply, and compensation for undelivered freight is limited to €350 per event. In addition, CARGONEXX is entitled to terminate a transport order free of charge within 30 minutes of receiving an emailed confirmation.

 

4.18. Liability

The Carrier is liable under statutory regulations, especially §§ 425 et seq. HGB. Divergent from § 431 Abs. 1 HGB , liability for loss or damage to the consignment amounts to 40 special drawing rights per kilogram of gross weight. In the case of cross-border transports to which the CMR Convention applies, the Carrier’s liability for a total or partial loss of or damage to the consignment and for late delivery is determined solely by the provisions of the CMR Convention.

 

5.  Special Obligations of the User 

 

5.1. Required Permits and Insurance

By concluding the User Agreement, the Carrier declares that it has a valid licence to engage in cross-border commercial goods transportation (EU licence) and has taken out valid third-party liability insurance pursuant to § 7a GüKG. Otherwise, CARGONEXX has the right to an extraordinary termination of the contract, deactivate the Carrier and, if appropriate, delete its account on the Platform.  The Carrier undertakes to maintain the permits and the liability insurance during the validity of the User Agreement. Upon commencement of cooperation and as soon as more recent documents become available, the Carrier shall upload a digital copy of the current licence and liability insurance to the Platform. Moreover, the Carrier shall promptly report any change, especially a premature expiry of the licence or insurance. CARGONEXX may ask for copies of permits and insurance certificates at any time. The Carrier shall submit them promptly.

 

5.2. Right of Information and Control by CARGONEXX

Upon request from CARGONEXX to comply with the services due, the Carrier shall allow the required permits, insurance and other legal evidence to be inspected by submitting them by digital means or allowing them to be inspected at its business premises. For this, CARGONEXX reserves the right to engage a third party that is sworn to professional secrecy (e.g. tax consultant, auditor, lawyer).

 

6.  Termination of the User Agreement

The User Agreement is concluded for an indefinite period. It may be terminated by both parties to the end of a month with a period of notice of one month. Notice must be given in text form. Transport orders already issued are not affected by the termination, and are to be fulfilled as per contract even after the end of the User Agreement. At the end of the User Agreement, the User may no longer use the data or web applications provided by CARGONEXX. CARGONEXX may deactivate the User from the Platform at the end of the User Agreement.

Both sides may terminate the Agreement with immediate effect for just cause. Just cause within the meaning of this Agreement exists in particular:

  • When the Carrier fails to inform CARGONEXX in good time that any permits/insurance have expired;
  • When the terms and requirements of freight contracts are not fulfilled despite a prior written warning from CARGONEXX;
  • When a breach of cardinal obligations occurs, especially a breach of the Law on Minimum Wages, driving and rest periods, and other social regulations applicable to commercial goods road traffic.

 

7.  Data Protection

CARGONEXX undertakes to observe the statutory regulations on data protection. In this connection, special reference is made to the data protection declaration.

 

8.  Liability for Use of the Platform 

CARGONEXX guarantees that the platform is suitable for the use described in Par. 1. This does not apply to damage caused by the conduct of or improper use of the platform by other users. The User bears sole liability for this. The provision governing liability in Par. 4.18 (Transport Orders) applies to this area of application by priority. basis.

 

9. Changes to the GT&Cs

CARGONEXX reserves the right to revise, amend or expand these GT&Cs. CARGONEXX shall notify the User of planned amendments by email in good time, at least 2 weeks in advance. The User may object to these amendments in text form within this deadline. In the event of objection, CARGONEXX may terminate the User Agreement with the User and close the user account. Individual orders already issued are not affected by the termination, and are to be fulfilled as per contract even after the end of the User Agreement and according to the GT&Cs that were valid at the signing thereof. The User is deemed to have approved the amended GT&Cs if he does not object to the amendments in text form within four weeks of receiving them. When announcing the planned amendments, CARGONEXX shall notify the User of his right of objection and the legal effects of exercising/not exercising this right.

 

10. Governing Law/Jurisdiction/Miscellaneous

All contracts concluded between CARGONEXX and the Client or Carrier, especially freight and haulage contacts and their fulfilment, shall be governed solely by the laws of the Federal Republic of Germany Unless binding legal provisions state otherwise, the sole place of jurisdiction for all disputes between the parties is Hamburg. The legal statute of limitations shall apply. Should any provision of these GT&Cs be wholly or partly invalid, the validity of the remaining provisions shall not be affected.

General terms and conditions of CARGONEXX GmbH  

 

(Current version: 05/2020) 

 

 

Contents

 

1. Application of the GT&Cs of CARGONEXX and of the ADSp 2017

2. Registration

3. Use of the Platform

4. Haulage Orders from Clients to CARGONEXX

4.1. Conclusion of a Haulage Contract

4.2. Prohibited Goods

4.3. Fulfilment of the Haulage Order

4.4. Damage Reports by the Client

4.5. Liability

4.6. Insurance

4.7. Fees for Haulage Services

4.8. Factoring

4.9. Payment Deadlines

5. Termination of the User Agreement

6. Data Protection

7. Liability for Use of the Platform

8. Changes to the GT&Cs

9. Governing Law/Jurisdiction/Miscellaneous

 

 

1.  Application of the GT&Cs of CARGONEXX and of the ADSp 2017 

CARGONEXX GmbH, Herrengraben 30, 20459 Hamburg (hereinafter “CARGONEXX“) operates an internet-based platform for fulfilling freight and haulage contracts (hereinafter “Platform“). Use of the Platform is solely on the basis of these GT&Cs and solely for commercial purposes. Divergent conditions of the User are invalid, even if their validity is not expressly denied by CARGONEXX. The express terms of framework agreements, relationship agreements and transport and haulage contracts shall take precedence over these GT&Cs if they regulate divergent matters. Unless clearly specified herein, the General German Haulage Terms 2017 (ADSp 2017) are valid in addition and in subordination to these GT&Cs. They can be inspected on the Internet under www.dslv.org.

 

2.  Registration 

Registration is required to use the Platform. The Platform may be used solely by commercial customers (hereinafter “Users”) who either commission CARGONEXX with arranging the shipment of goods (hereinafter “Clients“) or are commissioned by CARGONEXX to ship the goods (hereinafter “Carriers“). Upon successful registration, agreement to use the Platform (hereinafter “User Agreement”) takes effect. The User undertakes to provide his core data and the required documentation truthfully, or upload them and keep them up to date should any changes to the data occur. The User is liable for the correctness of his data.  CARGONEXX checks the User’s details and documents and is entitled to ask for evidence of the User’s solvency . CARGONEXX reserves the right to refuse individual registrations without stating a reason. In such a case, no registration occurs. By registering on the Platform, the User accepts these GT&Cs.

 

3.  Use of the Platform 

CARGONEXX grants the User the right to use the Platform throughout the validity of the User Agreement. This does not apply at times when the servers used by CARGONEXX are not available due to maintenance work or for technical or other reasons outside the control of CARGONEXX.  

The documents uploaded by Users must be checked for possible harm (viruses, trojans, etc.). The User undertakes not to load any harmful software or programme codes onto the Platform.  

In the event of a breach of the foregoing, CARGONEXX is entitled to an extraordinary termination of this Agreement. CARGONEXX reserves the right to block individual Users from the Platform if a breach of these GT&Cs or of statutory regulations comes to light.  

 

4.  Haulage Orders from Clients to CARGONEXX 

 

4.1. Conclusion of a Haulage Contract 

The Client sends CARGONEXX via the Platform a request for an offer to arrange shipment. The request must include at least the details marked as required in the platform. On the basis of these details CARGONEXX makes a binding offer of shipment. The Client may accept the offer within the deadline stated by CARGONEXX. If the Client has given false details, CARGONEXX may terminate the Contract free of charge.  With the acceptance of the offer, a haulage contract takes effect between CARGONEXX and the Client, unless the contract involves prohibited goods (see Par. 4.2).

CARGONEXX may cancel an order within 30 minutes of the time it was issued via the Platform, if it becomes obvious that the order cannot be fulfilled on account of operational framework conditions . In this case, CARGONEXX notifies the Client and informs it that the haulage order has not taken effect. A request may also be issued by other channels (e.g. email or telephone). In such a case, a haulage contract comes into effect only when CARGONEXX makes the Client an offer in text form (e.g. via email) and the Client confirms it in text form.  If, following conclusion of the contract and prior to delivery, the Client issued instructions that affect the costs, times, type and scope of the delivery, CARGONEXX may demand from the Client payment of additional expenses and consignments. If, as a result of these instructions, CARGONEXX is no longer in a position to fulfil the contract properly, CARGONEXX may terminate the contract without the Client being entitled to any compensation. If the Client cancels the haulage order, the terms of § 415 of the German Commercial Code (HGB) shall apply.

 

4.2. Prohibited Goods 

The Client bears sole responsibility for the fact that consignments destined for shipment contain no prohibited goods. CARGONEXX is under no duty of inspection. 

Prohibited goods are goods which are excluded from shipment. They include in particular: 

- High-value electronic articles exposed to the risk of theft, such as smartphones, flat screens, PCs, cameras, 

- Weapons and ammunition 

- Securities, art objects, unique objects, antiques 

- Vehicles of all types 

- Live animals, animal carcases, body parts and human mortal remains 

- Consignments whose shipment requires a permit 

- Glass and porcelain (unpacked) 

- Spirits, cigarettes 

- Relocation goods 

 

4.3. Fulfilment of the Haulage Order

CARGONEXX is a haulier within the meaning of § 453 HGB and arranges for the Client the delivery of the goods specified in the haulage order. CARGONEXX chooses at its discretion the means of delivery and any contracts to be concluded in this connection. CARGONEXX concludes the required freight, storage and haulage contracts in its own name and provides the chosen carrier with information and instructions. CARGONEXX conducts these actions on its own responsibility, but takes the Client’s interests into account. On request, CARGONEXX informs the Client of the name of the carrier and any other relevant information about the carrier to which it has access. If the Client has provided instructions, CARGONEXX shall comply with them within the confines of Par. 4.1. CARGONEXX is entitled to arrange the shipment of consignments as combined loads within the meaning of § 460 HGB. A ban on transhipment exists only when expressly agreed upon with the Client. Proof of delivery is forwarded solely in digital form. Such proof may be purely electronic documents (such as e-waybills) or digital photographs or scans of physical records of delivery. Alternatively, mobile devices may be used in which the required information is visible. The signatures and documents read from these devices constitute adequate evidence. CARGONEXX will not forward any proof of delivery or bills of lading in paper form. The Client allows the appointed carrier to check the load.

 

4.4. Damage Reports by the Client

The Client must report all damage promptly, in any case within the statutory deadlines. Damage must be reported in text form by email to: claims@cargonexx.de . The Client must describe the damage or loss accurately and document it by suitable means (write-offs on the delivery note/receipt/waybill with date, time, name, signature, name of firm and stamp, vehicle registration number, photos). If the consignment is not delivered, the damage must be reported promptly upon expiry of the delivery deadline. If no delivery deadline was specified, the damage must be reported upon expiry of the usual delivery deadline.

 

4.5. Liability 

CARGONEXX is liable to the Client pursuant to clauses 22 – 28 ADSp 2017 and according to the statutory regulations. Consequently, CARGONEXX is not liable for damage caused by force majeure, effects of weather, impact of other goods, animals or natural changes. Statutory exclusions and restrictions, as well as those stated in the General German Haulage Terms (ADSp) 2017, exist in addition.  The liability of CARGONEXX for damage of goods in its care pursuant to § 431 par. 1, 2 and 4 HGB is limited to the following levels of 8.33 special drawing rights per kilogram of gross weight

• if CARGONEXX is a forwarding agent within the meaning of § 407 HGB,

• or a haulier acting as principal, or a fixed costs or collective load haulier within the meaning of §§458-460 HGB.

If third parties exercise any rights vis- à -vis the consignment while it is in the care of CARGONEXX, the Client shall indemnify CARGONEXX against all such claims, unless these claims are the fault of CARGONEXX.

 

The Client’s liability is subject to the statutory regulations.

 

4.6. Insurance

 

CARGONEXX has taken out liability insurance and is not taking out any further insurance. On request, CARGONEXX shall provide the Client with suitable confirmation of insurance by email.

 

4.7. Fees for Haulage Services 

Unless otherwise agreed, CARGONEXX shall send the Client an invoice by email upon completion of the haulage. The haulage services shall be charged at the rates set forth in the CARGONEXX confirmation of order. All charges are subject to value added tax at the statutory rate. The fees include all the costs required for the haulage, and incorporate toll charges. Unforeseen costs and additional expenses are not included. Clause 17 ADSp 2017 (claims for expenditures and exemptions) applies in addition. CARGONEXX is entitled to demurrage charges. Demurrage up to two hours is free of charge. Unless otherwise specified in an order, the demurrage charge is €55 per hour, and is calculated pro-rata for each commenced hour.

 

4.8. Factoring

CARGONEXX is entitled to assign claims for payment vis-à-vis the Client via factoring.

 

4.9. Payment Deadlines 

The haulage charge is payable no later than upon receipt of the invoice pursuant to § 456 HGB. If the invoice is not paid within 30 days of issue (date of invoice) and receipt, payment becomes late without the need for a reminder. In the event of late payment, CARGONEXX may charge late-payment interest at the statutory amount.

 

5.  Termination of the User Agreement

The User Agreement is concluded for an indefinite period. It may be terminated by both parties to the end of a month with a period of notice of one month. Notice must be given in text form. Haulage orders already issued are not affected by the termination, and are to be fulfilled as per contract even after the end of the User Agreement. At the end of the User Agreement, the User may no longer use the data or web applications provided by CARGONEXX. CARGONEXX may deactivate the User from the Platform at the end of the User Agreement.

Both sides may terminate the Agreement with immediate effect for just cause.

 

6.  Data Protection

CARGONEXX undertakes to observe the statutory regulations on data protection. In this connection, special reference is made to the data protection declaration.

 

7.  Liability for Use of the Platform 

CARGONEXX guarantees that the platform is suitable for the use described in Par. 1. This does not apply to damage caused by the conduct of or improper use of the platform by other users. The User bears sole liability for this. The provision governing liability in Par. 4.5 (Haulage Orders) applies to this area of application by priority. basis.

 

8. Changes to the GT&Cs

CARGONEXX reserves the right to revise, amend or expand these GT&Cs. CARGONEXX shall notify the User of planned amendments by email in good time, at least 2 weeks in advance. The User may object to these amendments in text form within this deadline. In the event of objection, CARGONEXX may terminate the User Agreement with the User and close the user account. Individual orders already issued are not affected by the termination, and are to be fulfilled as per contract even after the end of the User Agreement and according to the GT&Cs that were valid at the signing thereof. The User is deemed to have approved the amended GT&Cs if he does not object to the amendments in text form within four weeks of receiving them.  When announcing the planned amendments, CARGONEXX shall notify the User of his right of objection and the legal effects of exercising/not exercising this right.

 

9. Governing Law/Jurisdiction/Miscellaneous

All contracts concluded between CARGONEXX and the Client or Carrier, especially freight and haulage contacts and their fulfilment, shall be governed solely by the laws of the Federal Republic of Germany Unless binding legal provisions state otherwise, the sole place of jurisdiction for all disputes between the parties is Hamburg. The legal statute of limitations shall apply. Should any provision of these GT&Cs be wholly or partly invalid, the validity of the remaining provisions shall not be affected.