Terms and conditions
Note from Xpress 24 Ltd. :
The following Terms and Conditions (GTC) were automatically translated from the German -AGB- into English using the Google translator tool. Syntax errors can therefore not be excluded. Thank you for your understanding.
Xpress24 Limited is handling the transportation of urgent small consignments, which are subject to the following general terms and conditions (GTC) and the regulations of the German Commercial Code (HGB), international traffic law (CMR, Warsaw Convention). Deviations from these terms and conditions will only become part of the contract if Xpress24 Limited accepts them in writen form.
The contractor is entitled to choose the means of transport to be used to transport the consignment at its own discretion, unless a different written agreement has been made with the sender. The transport extends to all shipments with a belt size of up to 450 cm and a weight of up to 400 kg. Shipments that cannot be accepted for transportation for legal or security reasons, as well as cash, money orders, bank-verified checks, travelers checks and securities are excluded from the carriage.
The contractor reserves the right to exclude shipments such as stamps, precious metals, jewels, gemstones, works of art, antiques, food, pharmaceuticals and all goods that are subject to the Hazardous Substances Ordinance. Consignments that contain such goods must be designated as such by the sender.
The consignments are to be addressed completely and clearly legible and, if necessary, identified as consignments to be treated specially. Recognizable damage and shortages must be reported immediately to the courier when the goods are accepted by the recipient and immediately to Xpress24 Limited in writing; Damages and shortages that are not immediately recognizable must be reported to Xpress24 Limited in writing immediately after their discovery, but at the latest within one week after acceptance of the goods. General reservations such as “Not checked” or “subject to change” upon acceptance by the recipient does not count as an indication of damage or shortages.
TERMS OF DELIVERY
For direct tours, Xpress24 Limited delivers the shipment as quickly as possible (of course, in compliance with legal regulations and social guidelines). Adherence to certain delivery dates is only owed if this is expressly agreed. In particular, certain delivery dates must not only be reported to the client by telephone but also in writen form.
Force majeure of any kind (weather conditions, traffic obstructions, etc.) releases Xpress24 Limited from any commitment to runtime.
The object of the transport order is to collect and deliver the goods to be transported to the recipient or an authorized third party. Unless the client specifically requests a personal delivery to the recipient, the consignment can have a liberating effect
(a) an employee employed in the recipient’s company,
(b) the spouse of the recipient, a relative of the recipient or his or her spouse and an authorized representative of the recipient, if the person concerned lives at the same address,
(c) another resident or neighbor if none of the persons mentioned under (a + b) is found become.
A shipment is considered undeliverable if delivery of the shipment is not possible due to the recipient address no longer or no longer applicable, or the recipient refuses to accept the shipment for whatever reason.
TERMS OF PAYMENT
If there is no express agreement, the freight rate is based on the Xpress24 Limited price list applicable at the time the contract was concluded.
The cheapest road connection between pick-up and connection point is used for billing.
The transport fee is due at the latest when the goods are delivered and must be paid to the courier in cash, unless cashless payment has been agreed.
If cashless payment has been agreed, billing is carried out by Xpress24 Limited. Invoices are due immediately and without deduction. If the client does not pay even after receiving a payment reminder, Xpress24 Limited can pay a reminder fee of EUR 5.00 for a reminder, a reminder fee of EUR 10.00 and default interest of 4% for the second reminder the respective discount rate of the Bundesbank.
If the client has any objections to the invoice, these must be made in writing within 10 calendar days after the invoice was issued. After the deadline, the invoices are considered accepted.
All bills are due immediately. If a new invoice is created due to incorrect information in the order or because the recipient refuses to send a “non-free” consignment, a fee of EUR 18.00 will be charged.
The price agreed for the order includes a loading and unloading time of 30 minutes. If there are waiting or loading times, these will be charged separately. For transportation from Monday to Friday between 10 p.m. and 6 a.m., as well as on weekends and public holidays, a surcharge of EUR 51.00 will be charged.
If, even after the second payment reminder, the customer does not settle the freight invoice within 7 days, the customer assigns his claims against the shipper / recipient of the freight to Xpress24 Limited without further correspondence. Xpress24 Limited accepts this assignment subject to payment by the sender / recipient.
The customer expressly assures that the sender / recipient has not yet paid the freight rate. The client himself calculates any difference amounts for brokering activities to the sender / recipient.
LIABILITY AND DAMAGE
(a) The contractor is liable in accordance with the German Commercial Code (HGB) or the CMR. The contractor has taken out a traffic liability insurance policy of EUR 1.5 million with Asko Assekuranzmakler GmbH (Unterschleissheim – Germany).
(b) The obligation to pay compensation is excluded if damage is caused by force majeure or through the fault of the sender, the recipient or other actions by third parties which cannot be attributed to the contractor or which are caused by the nature of the shipment itself or by electrical or magnetic influences .
(c) Outside the commercial traffic, the contractor is liable beyond the scope of liability mentioned under (b) if damage is caused by deliberate or grossly negligent behavior on the part of the contractor.
(d) In commercial transactions, the contractor is only liable beyond the scope of liability mentioned in (b) in the event of willful intent, gross negligence and culpable breach of essential contractual obligations and only for damage, the occurrence of which was foreseeable when the contract was concluded.
(e) If the sender has misidentified a consignment or has concealed the actual content, liability is in any case limited to the damage, the possible occurrence of which was foreseeable based on the information provided by the sender.
(f) The actual value of a document (any non-commercial item transported under this Agreement) will depend on the cost of obtaining or replacing, restoring, or replacing it at the time and place of shipment, whichever is less . The actual value of a document (any non-commercial item transported under this contract) depends on the costs for the repair of the damage or the replacement, the cover purchase or the market value at the time and at the location of the shipment, whichever is the lesser. Liability can be extended if, at the request and at the expense of the customer, separate transport insurance is taken out before the start of transport.
(g) All claims must be made in writing by the consignor to the contractor in accordance with HGB / CMR, the carriage is subject to the Warsaw Convention, so its special provisions on damage notification, deadlines and limitation of claims apply.
Otherwise, all claims must be made within six months of the customer becoming aware of the claim, but no later than six months after delivery of the shipment; if this period is missed, the claim is time-barred.
If an order cannot be carried out completely through no fault of Xpress24 Limited, the agreed price will still be charged in full.
(1) Circumstances that temporarily or permanently hinder the transportation or delivery of the consignment only release the client from paying the remuneration if this is due to the fault of employees or subcontractors of the contractor.
(2) In the event of obstacles to transport or delivery, the contractor must inform the client immediately if it is necessary to obtain his instructions. If the client cannot be notified or his instructions cannot be obtained, the consignment can be returned to the sender at the expense of the client.
Should there be one or more provisions of these general terms and conditions be ineffective, the validity of the general terms and conditions remains unaffected. The place of performance for all mutual obligations is GB-Birmingham. GB-Birmingham is agreed as the place of jurisdiction, also for bill of exchange and document processes.