including the GENERAL GERMAN FORWARDING CONDITIONS ADSp, as well as the Logistics General Terms and Conditions of the German Freight Forwarding and Logistics Association (Bundesverband Speditions- und Logistikverband e.V.)
Preamble
sendwerk is a brand of Lutter GmbH. Under the sendwerk brand, Lutter GmbH offers its customers services in the e-commerce sector, including the provision of transportation services on behalf of the client. Lutter GmbH is not a forwarding company within the meaning of the ADSp.
The following T&Cs make supplementary reference to the German Freight Forwarders’ Standard Terms and Conditions (ADSp) and the Logistics T&Cs of the DSLV Bundesverband Spedition und Logistik e.V. (Logistics T&Cs) and make these the content of these T&Cs.
The ADSp and the Logistics T&Cs can be found on our website at www.sendwerk.de/adsp and www.sendwerk.de/logistik-agb.
1. content and ranking
1.1. In addition to these provisions, our business transactions are also based on the German Freight Forwarders’ Standard Terms and Conditions (ADSp) and the Logistics General Terms and Conditions of the DSLV Bundesverband Spedition und Logistik e.V. (Logistics General Terms and Conditions) as amended from time to time and shall be deemed an integral part of our General Terms and Conditions.
1.2. The express provisions of these GTCs shall take precedence. Where reference is made to the ADSp, the provisions of the ADSp shall apply in addition, insofar as they do not contradict the express provisions of these GTCs. Where reference is made to the Logistics T&Cs, the provisions of the Logistics T&Cs shall apply in addition, insofar as these do not contradict the express provisions of these T&Cs. If the ADSp and the Logistics T&Cs contradict each other, the ADSp shall take precedence in the area of application defined in section 2 of the ADSp, while the Logistics T&Cs shall take precedence in the area of application defined in section 1.1 of the Logistics T&Cs. If there is an overlap between the two areas of application, the provisions of the ADSp shall take precedence.
2. goods receipt and goods issue
2.1. Lutter GmbH undertakes to transmit incoming and outgoing goods to the customer electronically via an interface or by e-mail. If an electronic connection is not implemented, the notifications are made manually.
2.2. The client undertakes to check the transmitted data for accuracy. If the client does not object to the transmitted data in writing within three working days, the transmitted stocks and/or goods movements shall apply. The client is then no longer entitled to claims arising from shortages.
2.3 In addition, the provisions of the ADSp and the latest version of the Logistics GTC apply to the liability of the freight forwarder or Lutter GmbH.
3. costs for customs clearance
3.1. In addition to the costs of customs clearance, the customer shall bear all fines and import duties incurred in connection with the order for which Lutter GmbH is not responsible.
3.2. In all other respects, the provisions of the ADSp apply.
4. insurance of the goods
4.1. The client must ensure that his goods are insured by his insurance company. This applies explicitly to storage and transportation. Lutter GmbH can insure the goods if the customer explicitly instructs it to do so before the goods are handed over. In this case, the goods may only be delivered to Lutter GmbH once Lutter GmbH has received written confirmation of the insurance.
4.2. In all other respects, the provisions of the ADSp apply.
5 Liability of Lutter GmbH
5.1. The Contractor shall be liable for damages caused by intent and negligence.
5.2. The Contractor shall not be liable for damage caused by force majeure or damage that has occurred through no fault of the Contractor.
5.3. The amount of compensation for damaged or lost goods is generally based on the replacement value of the goods.
5.4. The liability provisions above and below shall also apply to non-contractual claims against the Contractor, the Contractor’s employees and other vicarious agents.
5.5. The Contractor has taken out transport and goods insurance with Hans L. Grauerholz GmbH in its name. The deductible per claim is currently 15% of the claim up to a maximum value of € 2,500.
5.6. Insofar as the Contractor is liable for damage culpably caused by it, the maximum amount of damage to be compensated by the Contractor for damage to goods and financial losses in the case of national transportation within the meaning of Section 449 HGB shall be limited to 40 SDR for each kilogram of the gross weight of the consignment. In the case of cross-border transportation of goods by road using motor vehicles, the limitation of liability pursuant to CMR shall apply. The warehouse keeper’s liability of the contractor is limited in accordance with ADSp to 8.33 SDR per kg, but to a maximum of EUR 35,000.00.
5.7. The claim shall be processed by the Contractor. If a deductible has been agreed in the Contractor’s insurance policy and the deductible is deducted from the insurance payment, this shall be reimbursed to the Contractor, unless there is a packaging error or an instruction from the Client was disregarded during the execution of the order.
6. remuneration
6.1. Invoicing by Lutter GmbH is in EURO and invoices must be paid in EURO. If the services are paid for in a foreign currency, the client shall bear any fees charged by the payment institutions.
7. deviating agreements
7.1. Any agreement deviating from these General Terms and Conditions requires a written agreement between the client and Lutter GmbH to be effective.
8 Amendments to these GTCs
8.1. Lutter GmbH reserves the right to make any changes to these General Terms and Conditions due to legal changes, new case law, changes in economic circumstances and expansion of business areas.
8.2. The client shall be notified of any changes with reference to the fact that the client may object within a reasonable period of time. If the client does not object within the specified period, the change shall be deemed to have been accepted by the client.
9 Place of jurisdiction, applicable law
9.1. The place of jurisdiction for all legal disputes arising from or in connection with the contractual relationship shall be the registered office of Lutter GmbH for all parties involved, insofar as they are merchants.
9.2. The legal relationship between the freight forwarder and the principal or his legal successors is governed by German law.