General Terms and Conditions of Trade for MAIL-LOG Versandlogistik & Consulting & Service GmbH for the shipment of mail and packages
1. Applicability
(1) MAIL-LOG Versandlogistik Consulting & Service GmbH (hereinafter: MAIL-LOG) offers comprehensive shipping solutions for international and national shipment of letters in large quantities and of parcels. These General Terms and Conditions of Trade (hereinafter “Terms”) apply to all services provided by MAIL-LOG, including supplementary and ancillary services.
(2) Differing agreements and instructions by the shipper shall apply only if they are confirmed in writing by MAIL-LOG; this also applies to the waiver of this requirement of written form.
(3) General Terms and Conditions of Trade of a shipper that contradict MAIL-LOG’s are explicitly opposed.
2. Scope of performance and service
(1) MAIL-LOG will arrange for pick up at the agreed-upon transfer point and for the forwarding and delivery in the target country by a suitable postal carrier.
(2) The shipper is aware that the delivery of the shipments is carried out by national or international postal carriers. The performance by MAIL-LOG is limited to the selection of a suitable postal carrier as well as the transfer of the shipments to it.
(3) Compliance with a particular delivery time is not owed, unless otherwise agreed in writing. If brochures, descriptions of services, etc. contain information as to delivery times, they are to be understood as typical and non-binding.
3. Delivery
(1) MAIL-LOG is entitled to use electronic aids, such as the reproduction of the digital signature, as binding proof of the delivery of the shipment to the postal carrier.
(2) The delivery procedure and the procedure in the event of undeliverability are determined by the provisions of the postal carrier in the respective target country.
(3) If MAIL-LOG receives the shipments back from the postal carrier as undeliverable, MAIL-LOG will forward the undeliverable shipments to the shipper at the shipper’s expense (in particular, charges for return shipments, licence fees, packing and storage costs). There is no obligation to return shipments containing prohibited goods (No. 4).
(4) MAIL-LOG is entitled to open the shipment in order to ascertain the shipper or another entitled party, if this proves necessary. If the shipper or another entitled party still cannot be ascertained, or if it refuses to accept the return of the shipment, MAIL-LOG is entitled to dispose of the shipment at its discretion.
4. Obligations of the shipper and prohibited goods
(1) Each shipment is to be identified, addressed and packed by the shipper, in compliance with the customary postal and customs provisions, in such a way that it is protected from loss and damage and causes no damage to transport facilities or to other shipments.
(2) The shipper shall attach to the shipment, without special request, all accompanying paperwork that is prescribed by law, stipulated by the postal carrier, or contractually required, completely and correctly filled out.
(3) The order for forwarding abroad includes the authorization of MAIL-LOG to handle customs clearance.
(4) The shipper is liable for any damage and costs traceable to a violation of the obligations set forth in Par. 1-3. It shall indemnify MAIL-LOG from any claims by third parties that may arise from violations hereof.
(5) Sec. 415, 418 and 419 of the Commercial Code are excluded.
(6) Shipments that, pursuant to the provisions of the Universal Postal Convention are excluded from forwarding, as well as shipments with prohibited, hazardous or particularly valuable contents, are absolutely excluded from forwarding (prohibited goods),These include, in particular:
- Shipments the forwarding and/or storage of which is excluded under hazardous goods legislation or is permissible only in a restricted manner, in particular pursuant to applicable IATA and ICAO hazardous goods provisions.b) Shipments the forwarding of which is not permitted according to the conventions of the World Postal Union.
- Shipments that contain drugs, narcotics or other intoxicants.
- Shipments with contents that are contrary to law or public policy.
- Shipments that include weapons or weapon parts.
- Shipments with an individual value per package of more than EUR 250.00. For shipments consisting of several packages, the total value may not exceed EUR 10,000.00.
(7) The shipper is aware that the operational structure of MAIL-LOG is not set up for the forwarding of prohibited goods and that employees of MAIL-LOG are not entitled to enter into forwarding contracts for the shipment of prohibited goods. The limitations on liability pursuant to Sec. 6 remain unaffected.
5. Handling of contractually non-compliant shipments
(1) Notwithstanding the right of MAIL-LOG at any time to refuse acceptance of a shipment, MAIL-LOG is entitled to return prohibited goods or other shipments that do not comply with the contractual terms, without prior notification of the shipper, at the latter’s costs, or to retain these for pickup. MAIL-LOG is also entitled to do this if the shipper refuses to provide information as to the contents, and there is a suspicion of prohibited goods or other contractual violations. In such case, MAIL-LOG is also entitled to open and inspect the shipment.
(2) In the event that a shipment not in compliance with the contractual stipulations is not rejected and is forwarded, this shall not be deemed consent to forwarding; the shipper may not derive any rights therefrom. This shall also apply if it made explicit or implicit reference to the nature of the contents.
6. Liability
(1) MAIL-LOG is liable for damage that occurs due to intentional or negligent violations of its contractual obligations, in the following scope. To the extent that damage occurs after proper transfer to the respective postal carrier, MAIL-LOG is not liable; however, in such case MAIL-LOG will assert any liability claims on behalf of the shipper at the latter’s cost against the respective postal carrier.
(2) For damage that is traceable to the conduct of its employees or vicarious agents, MAIL-LOG is liable, irrespective of the limitations on liability cited below, to the extent that these persons acted in the exercise of their performance, and the damage is traceable to an action or omission that they undertook intentionally or frivolously and being conscious that damage would probably occur.
(3) Subject to any other written agreement, MAIL-LOG’s liability is limited as follows:
- For the loss, damage to or delayed delivery of letters or letter-like shipments the liability is limited to the agreed-upon fee (less the remuneration of the delivering postal carrier),
- For loss of and damage to freight shipments, to 8.33 accounting units per kilogram of gross weight of the respective shipment,
- For exceeding an agreed-upon delivery deadline or another delivery date for freight shipments, to the amount of the fee agreed upon for the respective shipment,
- For lack of proper performance of other obligations in freight shipment, to the amount of the direct typical damage for such a contract, up to three times the amount that would apply to the loss of a shipment pursuant to b).
(4) The aforementioned limitations on liability also apply to claims from violations of ancillary rights, as well as for all extra-contractual claims. They do not apply in the event of injury to the life, body or health caused by a wilful act or negligent breach of duty on the part of a legal representative or vicarious agent of MAIL-LOG.
(5) Irrespective of Sec. 414, 425 Par. 2, 427 Commercial Code, MAIL-LOG is not liable
- if the damage is caused by circumstances that could not be avoided even by application of the greatest care, and the consequences of which could not be prevented (e.g. due to war, terrorist acts, labor strife, force majeure, administrative actions),
- for damage caused by culpable conduct on the part of the shipper,
- for damage that occurs due to a violation of duties and obligations pursuant to Sec. 4 on the part of the shipper,
- for consequential damages,
- for prohibited goods.
7. Payment and delay
(1) The shipper is obliged to pay the agreed-upon fee or, in the absence of a specific stipulation, the fee resulting from the applicable price list, and to reimburse expenses.
(2) The fee and reimbursement of expenses are due within seven days from receipt of invoice, but no later than 10 days from the invoice date. If the payment deadline is exceeded, the invoice amount is subject to interest at the rate of 5 percentage points over the base interest rate.
(3) In the event of delay in payment, MAIL-LOG is entitled to suspend all services, to retain shipments pending receipt of full payment, and to terminate the contractual relationship without notice. Additional rights, in particular the claiming of damages for delay, remain unaffected.
(4) Objections to the correctness of MAIL-LOG’s invoices must be stated in writing by the shipper no later than by the end of six weeks after receipt of the invoice. The failure to state objections within that time is deemed to be approval.
(5) The shipper may set off only judicially determined or undisputed receivables against MAIL-LOG’s claims.
(6) If, despite a written warning, an invoice remains unpaid, MAIL-LOG is entitled to sell the shipment and to use the proceeds of the sale to settle the open receivables by way of performance.
8. Limitation of actions and place of jurisdiction
(1) All claims against MAIL-LOG are time-barred after one year. The limitation of actions begins at the end of the day on which the shipment was delivered or should have been delivered.
(2) If the shipper is a merchant, legal entity under public law or a public-law special purpose vehicle, the exclusive place of jurisdiction is Bonn.