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General Terms and Conditions

it fits Transport GmbH

Münchner Straße 23
6330 Kufstein
Tirol, Austria

T: +43 5372 21900
F: +43 5372 21900-99

info@it-fits-trans.com
www.it-fits-trans.com

VAT No.: ATU73449306
FN: 494031t
FB Court: Innsbruck Regional Court

Forwarding and freight transportation company, purchase and sale of goods, and acquisition, ownership and management of shareholdings.

Member of the WK

Professional law: Industrial Code: www.ris.bka.gv.at

District administration Kufstein

Consumers have the opportunity to complain to the EU’s online dispute settlement platform: http://ec.europa.eu/odr. You can also send any complaints to the above e-mail address.

General Terms and Conditions – Client

Scope of application
All agreements and orders between the client and ‘it fits Transport GmbH’ are based exclusively on these terms and conditions. These also apply to any future business relations and do not have to be expressly agreed upon when a contract is concluded. Contract conditions as well as other business conditions of the client are invalid and are therefore excluded for the legal transaction in question. This also applies to the entire business relationship. Deviations from these terms and conditions are only effective if the client confirms them in writing. The contractual relationship is exclusively established between the client and ‘it fits Transport GmbH’. Subcontractors, drivers, loading personnel or other persons are not entitled to make contractual agreements for ‘it fits Transport GmbH’ or to make changes or supplements to contractual agreements. Any such changes and supplements to agreements will not be not binding on ‘it fits Transport GmbH’. In addition, the General Austrian Forwarders’ Terms and Conditions (AÖSp), as well as the provisions of the CMR in the currently valid version, apply to all activities that the contractor performs for the client, i.e. to all forwarding and freight contracts as well as freight orders and forwarding services.

Obligations regarding information / documents:
When placing the order, the client is obliged to provide all information necessary for the fulfilment of the order:

  • Contents of the consignment
  • Nature of the goods
  • Dangerous or perishable goods
  • Valuable goods (theft-endangered goods like precious metals, high-quality electronic devices, tobacco goods etc.) which exceed a commodity value of € 75,000.
  • Special handling and fastening of the goods to be transported

These details are to be communicated by the client directly to ‘it fits Transport GmbH’ and not to the driving personnel or subcontractors.
If the client violates his/her duty to inform, or provides inaccurate, incorrect or incomprehensible information on the goods to be transported, he/she shall be liable for all resulting costs and damages, even if he/she is not at fault.
The client is also responsible for handing over the goods in proper and safe packaging. ‘it fits Transport GmbH’ shall hold the customer liable for any damages resulting from inadequate and improper packaging.
‘it fits Transport GmbH’ is only obliged to check the unit quantity, amount and weight of the goods to be transported, as long as this is reasonable and has been agreed.
The obligation of ‘it fits Transport GmbH’ under the contract of carriage does not include the provision of loading equipment, for example pallets. If pallets are to be exchanged, a written agreement must be made. The exchange of pallets is a separate service not covered by the freight charge. If own loading equipment is provided, ‘it fits Transport GmbH’ is entitled to charge the client for the pallets. We are not obliged to return loading equipment. Return will only take place by agreement at agreed costs. Furthermore, the client is not entitled to charge us for loading equipment.

Claims settlement
‘it fits Transport GmbH’ will only accept goods showing externally recognisable damage if these damages have been noted separately on the CMR / the delivery notes / other freight documents. ‘it fits Transport GmbH’ is neither obliged to transport damaged goods nor to check that the information provided by the customer corresponds to the actual load.
Damage must be documented immediately (photos, notes on the CMR, delivery notes or other transport documents).

We shall not be liable for damage to property caused by: acts of God; the natural condition of the goods being transported; the loading or unloading by the customer, sender or recipient; a lack of packaging or defective packaging (in this case it must be pointed out in particular that NO liability is assumed for wet damage in the case of transports in open trucks with cover tarpaulins – Art. 17.4 a); or labelling; or due to any circumstances outside the control of ‘it fits Transport GmbH’.
The client cannot offset claims against ‘it fits Transport GmbH’.

Terms of payment
30 days from date of invoice, without deduction

Statute of limitations
All claims against ‘it fits Transport GmbH’, on whatever legal grounds and irrespective of the degree of fault, are limited to 6 months, unless mandatory provisions provide for other limitation periods. The limitation period begins with the knowledge of the entitled party to a claim, but at the latest with delivery of the goods.

Applicable law and place of jurisdiction
Austrian law applies to all disputes arising from and in connection with this agreement.
Place of jurisdiction is the competent court in Kufstein.
Court and contract language is German

Final clause
If any provision of these GTC should be invalid, this shall not affect the validity of the remaining provisions. The invalid provision should be replaced by a provision which comes as close as possible to its economic meaning.

General Terms and Conditions: Contractor

The transport orders placed by us are exclusively based on these General Terms and Conditions, which also apply to all future business relations. Any conditions which contradict these GTCs will not be accepted. We hold the contractor fully and unconditionally liable for costs and damages arising from non-compliance with the GTCs of ‘it fits Transport GmbH’.

The contractor must provide the following documents / information and check the following after an order has been placed:

  • CMR insurance for an insured sum of at least €300,000 (the contractor is liable for damages arising from a lack of insurance coverage)
  • Liability according to Art. 29 CMR must also be insured against
  • Insurance premiums must be paid in full and on time
  • ‘it fits Transport Gmbh’ must be informed immediately of any changes concerning CMR insurance.
  • Valid licences and permits must exist
  • The forwarding of transport orders to third parties or sub-freighters is only permitted after we have expressly confirmed this in writing through ‘it fits Transport GmbH’. In case of violation a penalty of €12,000 may be charged by us.
  • Drivers of vehicles must comply with the provisions of the Employment of Foreign Nationals Act
  • Drivers must be in possession of a valid work and residence permit
  • Drivers are responsible for the proper stowage and securing of the transported goods.
  • Documents and goods must be checked during loading
  • Unit quantity takeover is deemed to have been agreed
  • Customs documents must be checked for correctness and completeness and their presentation at the EU external borders / the responsible internal customs office must be confirmed in writing by the contractor.
  • The contractor is liable for overloading of any kind

The goods may only be unloaded at the receiving address or delivery address indicated in the consignment note. Changes may only be made with the express permission of the client. If the information in the consignment note deviates from the order of it ‘fits Transport GmbH’, this must be agreed with the customer before delivery/unloading. All accompanying documents may only be handed over to third parties in accordance with the specifications of the client and only with confirmation.

Combined shipments and and transshipment is prohibited.

Cases of damage / pallet exchange / stallage arrangements
Every case of damage must be documented immediately (photos, notes on the CMR, delivery notes, other transport documents) and must be reported to ‘it fits Transport GmbH’ without delay. If the damage exceeds €1,500 or if the amount cannot be estimated, a certified expert must be consulted immediately.
We must be informed immediately of any damage and obstacles to delivery (e.g. accident, recipient refuses acceptance, slipping of the goods) for the purpose of organising further steps.
Customer protection and neutrality are deemed agreed. In the event of a breach of customer protection by the contractor, a penalty of €12,000 per breach shall be deemed to have been agreed. This penalty will be deducted from the freight invoices.
Loading and unloading dates are fixed dates and must be adhered to. If the truck is delivered too late, the transport order can be cancelled and full compensation can be claimed. We must be informed immediately and in good time of any delays.
Loading and unloading are free of stallage charges for 24 hours each. We only accept claims regarding stallage after prior written agreement. For this purpose, the sender / recipient must confirm the stallage times with the exact time of arrival and departure, the date and a signature and stamp on the freight documents.
Cancellations by our clients release us from the obligation to pay stallage costs and from any compensation for damages.
During breaks, the driver must stay in monitored and secured parking areas.
If pallet exchange has been agreed, these must be exchanged immediately. If missing pallets are not returned within 14 days, we will charge €15 per pallet. These invoice amounts are deducted from the freight invoices.

Terms of payment
We work with a credit system. After receiving the original CMR bills of lading, we will immediately send you our credit note by e-mail. E-mail address for invoicing must be provided in advance.
Terms of payment: 45 days at the end of the month or within 5 days with 2% discount
The contractor cannot offset any claims.
In the case of factoring, separate agreements apply.

Statute of limitations
All claims against ‘it fits Transport GmbH’, on whatever legal grounds and irrespective of the degree of fault, are limited to 6 months, unless mandatory provisions provide for other limitation periods. The limitation period begins with the knowledge of the entitled party to a claim, but at the latest with delivery of the goods.

Applicable law and place of jurisdiction
Austrian law applies to all disputes arising from and in connection with this agreement.
Place of jurisdiction is the competent court in Kufstein.
Court and contract language is German

Final clauses
If any provision of these GTC should be invalid, this shall not affect the validity of the remaining provisions. The invalid provision should be replaced by a provision which comes as close as possible to its economic meaning.

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