GTC
General Terms and Conditions of Brantner Transport GmbH
1 These General Terms and Conditions (GTC) apply to all services that Brantner Transport GmbH provides or procures for its contractual partner (hereinafter referred to as the “client”) as an authorized freight forwarder or carrier (hereinafter referred to as “Brantner”).
The Client agrees that these GTC shall apply to all future transactions, irrespective of any further express reference, in particular in the case of orders placed verbally, by telephone or by telex.
Deviating terms and conditions of the customer that are not expressly recognized by Brantner (in writing) are invalid, even if they are not expressly contradicted.
Under no circumstances can the client rely on its own general terms and conditions, even if these are contained in orders.
No terms and conditions of the client that contradict these “Brantner GTC” and the AÖSp shall apply.
The Contractor further agrees that these GTC shall apply to all future transactions, irrespective of any further express reference, in particular in the case of orders placed verbally, by telephone or by telex. 2. The agreement of these GTC does not affect the validity of conventions in their respective valid version insofar as their provisions prescribe a deviating regulation, such as the CMR. 3. The Austrian Freight Forwarders’ Standard Terms and Conditions (AÖSp) as amended from time to time, published in the Official Gazette of the Wiener Zeitung 1947/184, last amended by the Official Gazette of the Wiener Zeitung 1993/68 (available on the Internet in English and German at https://portal.wko.at and at www.brantner.com), shall apply in addition. The client declares itself to be a prohibited customer pursuant to sec. §§ 39 ff AÖSp. The AÖSp also apply in relation to foreign clients. 4. The customer is in no case entitled to make freight reductions or to offset counterclaims against claims of Brantner Transport GmbH. A prohibition of set-off and retention in favor of Brantner Transport GmbH applies without exception. 5. If loss or damage to the goods is not externally recognizable, the shipper or customer is responsible for proving that the loss or damage occurred during the liability period. Externally recognizable damage must be reported to Brantner in writing immediately upon delivery, externally unrecognizable damage immediately upon discovery, but at the latest within seven days. 6. Brantner has a right of lien and a right of retention on the goods or other items under its control due to all due and non-due claims to which it is entitled against the client under the contract in question. If the client does not expressly state the owner of the goods in the consignment note when placing the order, Brantner may assume that the goods are the property of the client. The client is entitled to prohibit the exercise of the right of lien if it provides Brantner with an equivalent means of security (e.g. bank guarantee). 7. An exchange of pallets will only be carried out as far as possible and reasonable and only with an express written order and payment of a surcharge of 10% of the freight. Brantner Transport GmbH does not assume any obligation to return pallets, loading equipment and empty containers, nor does it assume the so-called exchange risk. In the event that – for whatever reason – a pallet exchange is not possible at the sender’s or recipient’s premises, the customer is not entitled to any claims against Brantner Transport GmbH, except in the case of intentional acts/omissions on the part of Brantner Transport GmbH. Brantner’s liability for “any loading equipment differences” is therefore completely excluded. 8. Brantner is entitled to charge the client demurrage in the amount of € 400.00 per day (at least € 80.00 per hour); Brantner is entitled to the demurrage even if the client is not at fault. A demurrage claim arises if a total waiting time/standing time of 1.5 hours is exceeded. 9. If the transport order is canceled, Brantner shall be entitled to a no-fault contractual penalty amounting to 80% of the freight price. Any further claims for damages remain unaffected. 10. Brantner is entitled to use sub-carriers. However, Brantner shall exercise the due care of a prudent freight forwarder or carrier when selecting the company it commissions. 11. The client is responsible for ensuring that the loading and unloading of the freight is carried out. Damage caused by circumstances during loading or unloading is the sole responsibility of the client. If, in individual cases, loading and unloading is actually carried out by an assistant of Brantner, this assistant shall be regarded as a vicarious agent of the customer. The responsibility for loading and unloading always lies with the customer without exception. The customer must ensure that the load is properly secured and complies with the statutory regulations. The obligation to secure the load is the sole responsibility of the client, even if the goods have been loaded by the truck driver. The client shall ensure that the packaging is suitable for transportation. 12. An increase in value of the maximum amounts acc. Art 24 CMR or a special interest in delivery acc. Art 26 CMR cannot be agreed (without exception). 13. The client has a duty to warn with regard to special characteristics of the freight. Among other things, the client must therefore inform Brantner separately if the value of the goods exceeds € 10 per kilogram, if they are hazardous goods or waste, or if there is a particular risk of theft associated with the freight. In addition, the client must inform Brantner of any particular sensitivity of the goods and the correct handling (e.g. transport temperature etc.). 14. The vehicles used by Brantner are generally dispatched with one truck driver. If a two-man crew is agreed in writing and a freight surcharge is paid, Brantner will provide two drivers, which can reduce the risk of theft. As a rule, the legally prescribed driving breaks can only be taken in “conventional parking spaces”. 15. Stated loading and unloading dates are not delivery deadlines according to § 15. Art. 19 CMR, but only approximate guidelines/standard transit times. Claims due to the exceeding of performance deadlines (of any kind whatsoever) shall lapse if the client does not notify Brantner of this in writing within twenty-one days of performance. Any liability on the part of Brantner for exceeding loading deadlines/non-compliance with “loading windows” is generally excluded, unless Brantner has failed to meet these deadlines due to “blatant gross negligence”. 16. as a precautionary measure, reference is made to the following limitations of liability of the AÖSp: § 54.
a) Insofar as the freight forwarder (here: Brantner) is liable at all, the following maximum limits apply to his liability: 2. € 1.09 per kg gross of each damaged or lost package, up to a maximum of € 1,090.09 per claim.
3. for all other damage, up to a maximum of € 2,180.19 per claim.
b) If the declared value of the goods is lower than the above amounts, the declared value shall be taken as the basis.
c) If the value under
b) is higher than the fair market value or, in its absence, the fair market value of the goods of the same type and condition at the time and place of handover to the forwarder, this fair market value or fair market value will replace the declared value.
d) In the event of any differences in the declared values, the lower value shall always apply. 17. The claim to payment of the freight arises upon delivery of the freight. In the event of late payment, Brantner shall be entitled to interest of 1.5% per month in accordance with § 29 AÖSp. In addition, the client shall bear all accrued reminder fees and the costs associated with the collection of the outstanding claim in full. 18. The contractual relationship shall be governed by Austrian law to the exclusion of the provisions of IPR. For all disputes between the parties to the dispute in connection with this agreement, including disputes about the effective existence of this agreement, as well as disputes in connection with individual agreements concluded in execution of this agreement, the jurisdiction of the competent court for A-3500 Krems is agreed. Status July 2015 Brantner Transport GmbH, 3500 Krems
The Client agrees that these GTC shall apply to all future transactions, irrespective of any further express reference, in particular in the case of orders placed verbally, by telephone or by telex.
Deviating terms and conditions of the customer that are not expressly recognized by Brantner (in writing) are invalid, even if they are not expressly contradicted.
Under no circumstances can the client rely on its own general terms and conditions, even if these are contained in orders.
No terms and conditions of the client that contradict these “Brantner GTC” and the AÖSp shall apply.
The Contractor further agrees that these GTC shall apply to all future transactions, irrespective of any further express reference, in particular in the case of orders placed verbally, by telephone or by telex. 2. The agreement of these GTC does not affect the validity of conventions in their respective valid version insofar as their provisions prescribe a deviating regulation, such as the CMR. 3. The Austrian Freight Forwarders’ Standard Terms and Conditions (AÖSp) as amended from time to time, published in the Official Gazette of the Wiener Zeitung 1947/184, last amended by the Official Gazette of the Wiener Zeitung 1993/68 (available on the Internet in English and German at https://portal.wko.at and at www.brantner.com), shall apply in addition. The client declares itself to be a prohibited customer pursuant to sec. §§ 39 ff AÖSp. The AÖSp also apply in relation to foreign clients. 4. The customer is in no case entitled to make freight reductions or to offset counterclaims against claims of Brantner Transport GmbH. A prohibition of set-off and retention in favor of Brantner Transport GmbH applies without exception. 5. If loss or damage to the goods is not externally recognizable, the shipper or customer is responsible for proving that the loss or damage occurred during the liability period. Externally recognizable damage must be reported to Brantner in writing immediately upon delivery, externally unrecognizable damage immediately upon discovery, but at the latest within seven days. 6. Brantner has a right of lien and a right of retention on the goods or other items under its control due to all due and non-due claims to which it is entitled against the client under the contract in question. If the client does not expressly state the owner of the goods in the consignment note when placing the order, Brantner may assume that the goods are the property of the client. The client is entitled to prohibit the exercise of the right of lien if it provides Brantner with an equivalent means of security (e.g. bank guarantee). 7. An exchange of pallets will only be carried out as far as possible and reasonable and only with an express written order and payment of a surcharge of 10% of the freight. Brantner Transport GmbH does not assume any obligation to return pallets, loading equipment and empty containers, nor does it assume the so-called exchange risk. In the event that – for whatever reason – a pallet exchange is not possible at the sender’s or recipient’s premises, the customer is not entitled to any claims against Brantner Transport GmbH, except in the case of intentional acts/omissions on the part of Brantner Transport GmbH. Brantner’s liability for “any loading equipment differences” is therefore completely excluded. 8. Brantner is entitled to charge the client demurrage in the amount of € 400.00 per day (at least € 80.00 per hour); Brantner is entitled to the demurrage even if the client is not at fault. A demurrage claim arises if a total waiting time/standing time of 1.5 hours is exceeded. 9. If the transport order is canceled, Brantner shall be entitled to a no-fault contractual penalty amounting to 80% of the freight price. Any further claims for damages remain unaffected. 10. Brantner is entitled to use sub-carriers. However, Brantner shall exercise the due care of a prudent freight forwarder or carrier when selecting the company it commissions. 11. The client is responsible for ensuring that the loading and unloading of the freight is carried out. Damage caused by circumstances during loading or unloading is the sole responsibility of the client. If, in individual cases, loading and unloading is actually carried out by an assistant of Brantner, this assistant shall be regarded as a vicarious agent of the customer. The responsibility for loading and unloading always lies with the customer without exception. The customer must ensure that the load is properly secured and complies with the statutory regulations. The obligation to secure the load is the sole responsibility of the client, even if the goods have been loaded by the truck driver. The client shall ensure that the packaging is suitable for transportation. 12. An increase in value of the maximum amounts acc. Art 24 CMR or a special interest in delivery acc. Art 26 CMR cannot be agreed (without exception). 13. The client has a duty to warn with regard to special characteristics of the freight. Among other things, the client must therefore inform Brantner separately if the value of the goods exceeds € 10 per kilogram, if they are hazardous goods or waste, or if there is a particular risk of theft associated with the freight. In addition, the client must inform Brantner of any particular sensitivity of the goods and the correct handling (e.g. transport temperature etc.). 14. The vehicles used by Brantner are generally dispatched with one truck driver. If a two-man crew is agreed in writing and a freight surcharge is paid, Brantner will provide two drivers, which can reduce the risk of theft. As a rule, the legally prescribed driving breaks can only be taken in “conventional parking spaces”. 15. Stated loading and unloading dates are not delivery deadlines according to § 15. Art. 19 CMR, but only approximate guidelines/standard transit times. Claims due to the exceeding of performance deadlines (of any kind whatsoever) shall lapse if the client does not notify Brantner of this in writing within twenty-one days of performance. Any liability on the part of Brantner for exceeding loading deadlines/non-compliance with “loading windows” is generally excluded, unless Brantner has failed to meet these deadlines due to “blatant gross negligence”. 16. as a precautionary measure, reference is made to the following limitations of liability of the AÖSp: § 54.
a) Insofar as the freight forwarder (here: Brantner) is liable at all, the following maximum limits apply to his liability: 2. € 1.09 per kg gross of each damaged or lost package, up to a maximum of € 1,090.09 per claim.
3. for all other damage, up to a maximum of € 2,180.19 per claim.
b) If the declared value of the goods is lower than the above amounts, the declared value shall be taken as the basis.
c) If the value under
b) is higher than the fair market value or, in its absence, the fair market value of the goods of the same type and condition at the time and place of handover to the forwarder, this fair market value or fair market value will replace the declared value.
d) In the event of any differences in the declared values, the lower value shall always apply. 17. The claim to payment of the freight arises upon delivery of the freight. In the event of late payment, Brantner shall be entitled to interest of 1.5% per month in accordance with § 29 AÖSp. In addition, the client shall bear all accrued reminder fees and the costs associated with the collection of the outstanding claim in full. 18. The contractual relationship shall be governed by Austrian law to the exclusion of the provisions of IPR. For all disputes between the parties to the dispute in connection with this agreement, including disputes about the effective existence of this agreement, as well as disputes in connection with individual agreements concluded in execution of this agreement, the jurisdiction of the competent court for A-3500 Krems is agreed. Status July 2015 Brantner Transport GmbH, 3500 Krems
