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ACCESS LOGISTIC | Headquarter
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ACCESS LOGISTIC Deutschland | Kaufbeuren
All business relations between Access Logistic GmbH and natural persons or legal entities (hereinafter referred to as “Contractor”) shall be governed by the General Terms and Conditions of Business set out below (hereinafter referred to as “GTC”).
These GTC shall also apply to all future business relationships with the Contractor, even if they are not expressly agreed again. The version valid at the time of conclusion of the contract shall apply in each case.
Contracts for deliveries and services by Access Logistic GmbH shall be concluded exclusively on the basis of these GTC.
Deviating, conflicting or supplementary contractual terms and conditions – in particular the Contractor’s terms and conditions of business or delivery – shall not become part of the contract unless Access Logistic GmbH has expressly agreed to their application in writing.
In addition, the General Austrian Forwarders’ Terms and Conditions (AÖSp) apply in their currently valid version (available in English and German on the Internet at Allgemeine Österreichische Spediteurbedingungen (AÖSp) – WKO ). The AÖSp also apply in relation to foreign principals.
The contractor is obligated to provide written proof before the transport is carried out, ensuring that he has concluded a valid, paid CMR insurance with a maximum liability limit of at least EUR 250,000 per claim without a deductible. If the insured sum does not correspond with the arranged amount, an employee of the Access Logistic GmbH must be informed immediately. In agreement with this, Access Logistic GmbH will add an additional transport insurance (supplementary insurance) and will charge the costs to the respective transport service provider. The contractor gives his explicit consent.
All prices within the transport orders are fixed prices. If the agreed freight price is erroneously wrong in the transport order, we must be informed at the latest after 7 working days. After a positive check, the order will be issued again with the correct price. Written agreements are only valid if this is confirmed by an employee of Access Logistic GmbH.
Proven cancellations made by the customer, release Access Logistic GmbH from the performance of the failure costs or other damages. The 24 hours during loading and unloading are considered to be free of charge. Our written appointments in the transport orders are fixed dates. Verbal agreements are not valid. In case of delays or further deviations from the agreed transport order, we are to be informed immediately by telephone as well as in writing.
The basis for a partnership cooperation are the following prerequisites:
It is expressly agreed that deployed employees, in particular the driver, have all the necessary permits. The ACCESS LOGISTIC LLC reserves the right to carry out spot checks. Any alcohol and drug use is against the contract. If the alcohol or drug law is violated, ACCESS LOGISTIC LLC is entitled to deduct a contractual penalty in an unknown amount from the invoice. The transporter undertakes to use only the latest equipment and to maintain this regularly according to legal regulations. Furthermore, it is agreed that the truck drivers may only pause on secured parking lots or company premises. Compliance with national and international laws and regulations such as MiloG etc. is also the basis of the contract and part of the agreement.
Strict customer protection in favor of Access Logistic LLC and neutrality are agreed. For violations of client protection by the contractor, a damage-independent penalty of € 10.000,- per injury is agreed upon, which can be deducted from open freight invoices. Unauthorized contacting of the loading or unloading station also presents a violation of the customer protection. Contacting by the shipper or the unloading point is to be communicated to us immediately.
The place of fulfillment for all performances and payment is Kramsach. Place of jurisdiction is in any case the regional court of Innsbruck, regardless of the amount in dispute. Contract language is German. The Austrian, substantive and formal law is valid as agreed upon.
It is explicitly agreed upon, that the legal claim to the payment for the transportation requires forwarding all original documents. This is particularly relevant for CMR consignment notes, delivery notes, certificates of weight etc. The original documents have to be delivered to ACCESS LOGISTIC LLC within 30 days after the delivery date. In general, terms of payment for the contractor is after 60 days. Other agreements require a written consent by ACCESS LOGISTIC LLC management.
It is to be explicitly agreed upon, that the active truck driver follows the legal breaks, national and international laws and regulations. The driver is responsible for the complete and correct registration of transport documentations. We require the driver to be able to communicate with the shipper and unloading staff in any country he operates in.