General Terms and Conditions of Transcamion
1.
i. TRANSCAMION acts exclusively as an intermediary for ferry passages for commercial freight transport as well as an intermediary for tunnel and bridge crossings for commercial freight transport. All transactions are conducted exclusively under the following terms and conditions.
ii. TRANSCAMION does not provide any services, not even in individual cases, that go beyond mere intermediary activities.
2. General Contractual Obligations
i. TRANSCAMION always acts on behalf of and for the account of the client and undertakes to carry out the intermediary services with the care of a prudent businessman and to carefully select the persons whom TRANSCAMION engages to fulfil its obligations.
ii. TRANSCAMION is authorised and empowered to take all measures deemed necessary for the execution of its mandate, in particular to conclude contracts with third parties on customary terms. TRANSCAMION is exempt from the restrictions of Section 181 of the German Civil Code (BGB).
iii. TRANSCAMION is only required to treat such information and data of the client as confidential that has been expressly designated as such by the client.
iv. All quotations issued by TRANSCAMION as well as tariff and timetable information are always non-binding unless the contrary has been declared in writing. In the event of booking a passage, the conditions of the shipping company or the tunnel and bridge operator valid at the time of booking shall apply.
v. The proper and timely provision, securing and declaration of the freight as well as compliance with the respectively applicable provisions and conditions of the shipping company or the tunnel and bridge operator shall be the sole responsibility of the client. In the event of incorrect declaration or other violations, the client shall indemnify TRANSCAMION against any third-party claims for damages.
vi. The client is obliged to submit all necessary documents to TRANSCAMION in good time. If a booking enquiry or booking order relates to goods that are subject to special handling or to an approval or notification requirement during loading, storage, receipt, handover and/or transport (in particular dangerous goods according to the IMDG Code or a national dangerous goods regulation, live animals, special dimensions, special weight, etc.), the client must notify TRANSCAMION of this at the time of the initial enquiry or when placing the order. The client shall be solely liable for delays and damages resulting from a failure to notify or late notification or from a failure to submit or late submission of documents and shall indemnify TRANSCAMION against any third-party claims for damages.
vii. The risk of incomplete, incorrect and/or delayed transmission of information between the client and TRANSCAMION, in particular through the use of postal or electronic means of communication, shall be borne by the client, unless the client proves that the incomplete, incorrect and/or delayed transmission was solely the responsibility of TRANSCAMION.
viii. TRANSCAMION is not obliged to provide guarantees, securities or any payments to third parties on behalf of its client for which TRANSCAMION has no coverage or no other securities deemed sufficient. If TRANSCAMION nevertheless provides such guarantees, sureties, other securities or payments in individual cases, a commission of 2.5% shall be payable in addition to the reimbursement of all expenses such as interest, bank charges, etc.
3. Liability
i. TRANSCAMION shall only be liable to its client for damages and losses insofar as these have been caused by gross negligence or wilful intent. The same applies to all vicarious agents of TRANSCAMION. Liability for loss of profit, other consequential damages or immaterial damages is excluded.
ii. TRANSCAMION is not liable for the timely and proper execution of the transport. Companies, persons or authorities involved in the loading, storage, receipt, handover and/or transport, in particular the shipping companies, are not vicarious agents of TRANSCAMION. However, TRANSCAMION is prepared, at the client’s request, to assign any of its own claims against the shipping company to the client.
iii. In the event of liability, TRANSCAMION’s liability is limited to the amount of EUR 12,000 per claim. This does not apply if the damage consists of injury to life, body or health or if the damage was caused intentionally by TRANSCAMION.
iv. Any liability claims against TRANSCAMION are excluded if legal proceedings have not been initiated within 6 months of the occurrence of the damage.
v. Any claims for damages may only be set off against claims of TRANSCAMION if the client’s claim is undisputed or has been legally established.
vi. TRANSCAMION assumes no liability for the correct collection of cash on delivery amounts.
vii. TRANSCAMION is not liable for any exchange rate losses.
4. Remuneration / Payments
i. TRANSCAMION receives remuneration for its services, which is subject to free agreement unless a tariff regulation exists. Third-party fees, expenses, taxes, duties and/or other costs incurred by TRANSCAMION in connection with its intermediary activities shall be reimbursed in full by the client. This also applies to all costs arising in connection with or as a result of transfers from, to or for the client.
ii. TRANSCAMION may demand reasonable advance payments.
iii. All outstanding monetary claims of TRANSCAMION are due upon invoicing and shall be paid by the client within the agreed payment term from the invoice date. The decisive factor for the timeliness of payment is the receipt of payment by TRANSCAMION. In the event of default, TRANSCAMION is entitled to default interest of 1% per month.
iv. Claims of TRANSCAMION in foreign currency, or invoices issued by TRANSCAMION in foreign currency, entitle TRANSCAMION to demand, at its option, either payment in the relevant foreign legal tender or at the daily exchange rate in euros – again at its option – either on the date of the invoice or on the date of payment.
v. TRANSCAMION is entitled to satisfy its claims by way of set-off at any time from the date they fall due.
vi. TRANSCAMION has a lien and a right of retention on all goods, documents and funds of the client for all claims against the client, regardless of the reason and the time at which such claims arose.
5. Governing Law / Jurisdiction
i. All activities of TRANSCAMION, even if carried out wholly or partly abroad, shall be governed exclusively by German law.
ii. The exclusive place of jurisdiction for all disputes between TRANSCAMION and the client is Munich, Germany.
6. Final Provisions
i. Amendments and additions to these terms and conditions and/or to the contract of which these terms and conditions form a part shall only be valid in writing. This also applies to the waiver or amendment of the written form requirement itself.
ii. Should any provision of these General Terms and Conditions and/or the respective contract of which these terms and conditions form a part be or become invalid, the invalid provision shall be replaced by a provision that most closely reflects the economic intent of the parties with respect to the invalid provision in a legally effective manner.