1. Validity of the general terms and conditions

These General Terms and Conditions (GTC) apply between the Principal and Cargoboard GmbH & Co. KG to all contracts for the performance of national and international transport services as well as additional insurance services, if any – irrespective of the manner in which they come about. In the following, Cargoboard GmbH & Co. KG will be referred to as “us” or “we”.

Deviating terms and conditions of the customer shall not apply, even if we do not expressly object to them.

The General Terms and Conditions shall only apply if the Client is an entrepreneur as defined by §§ 3 and 4 of the German Civil Code (BGB). § 14 BGB is. We do not provide services to private individuals (consumers).

2. Conclusion of contract

2.1 Orders can be placed via our form on the website, via API or by mail.

2.2 When placing an order, the Customer shall provide the following information: Company name, power of representation, registered office, VAT No., contact person, address of collection, destination address, date of shipment, description of the goods to be shipped including weight and volume.

2.3 We will confirm the order within one hour by e-mail

3. Cancellation

3.1 Bookings can be canceled free of charge up to 24 hours before the start of the day of order execution. We are also entitled to this right of cancellation within the aforementioned period. The cancellation can be made by e-mail.

3.2 If the Customer cancels the order without complying with the deadline in accordance with Section 3.1 above, we shall be entitled to demand a lump-sum loss compensation of up to 75% of the freight charge, but not more than € 800.00 net.
For shipments carried in consolidated transport (less than 3,000 kg total weight and less than 2.4 loading meters), we charge a flat-rate cancellation fee of up to 33% of the freight charge.

The customer shall be entitled to prove that we have not incurred damages in the amount claimed.

3.3 We are entitled to cancel the order if

• the client has provided incorrect information about his ability to pay,
• the Client has not provided all information in accordance with section 2.2 above or has provided false information prior to the execution of the booking or if facts exist that suggest fraudulent action by the Client or a party involved in the contract.

4. Dangerous goods

4.1 The following dangerous goods cannot be transported.

Designation	Class	Prohibited (general cargo)
Explosive substances	1	Complete
Gases	2	Goods falling under table 1.10.3.1.2 Classification code: T, TF, TC, TO, TFC, TOC UN 1057 Lighters, refillable cartridges if packed according to SV 658 (if packed according to SV 658 not via HUB)
Flammable liquid substances	3	Goods falling under table 1.10.3.1.2 Classification code: D
Flammable solids	4.1	Goods falling under table 1.10.3.1.2 Classification code: D, DT, SR 2, SR 1, PM 2 or UN 3221 / 3222
Substances liable to spontaneous combustion	4.2	UN 4127/ 3255
Substances that emit flammable gases in contact with water	4.3	UN 3133
Inflammatory substances	5.1	UN 3100/ 3121/ 3137
Organic peroxides	5.2	Classification code P1/ P2 only UN 3101, 3102/ 3111- to 3120
Toxic substances	6.1	Goods falling under table 1.10.3.1.2 Packing group I (also as additional hazard)
Infectious substances	6.2	Complete
Radioactive substances	7	Complete
Corrosive substances	8	UN 1798/ UN 1790
Various dangerous substances & objects	9	UN 3268
All waste		Forbidden

 

4.2 Other dangerous goods not listed in 4.1 above cannot be transported to the following countries and territories:

Any islands, Finland, Norway, Sweden, Denmark, Great Britain

4.3 When transporting dangerous goods, our client is obliged to provide us with the exact ADR data (European Agreement concerning the International Carriage of Dangerous Goods by Road) in advance. This information is necessary to ensure that the transport is carried out in accordance with the applicable safety regulations and laws.

4.4 If our client fails to provide us with the required ADR data before the start of the transport and the goods to be transported are already in our possession, we reserve the right to charge the client a penalty fee of 50.00 € net per offence.

4.5 We are not liable for damages or losses resulting from incomplete or incorrect information regarding dangerous goods transport regulations if the client has not provided this information correctly and at the required time.

5. Other goods excluded from shipment

5.1 Excluded from shipping are

• Goods whose possession and dispatch is prohibited,
• Goods that pose a threat to health, safety or property,
• perishable or temperature-controlled goods (especially fresh food),
• Spirits and tobacco products,
• E-cigarettes and liquids for e-cigarettes,
• Firearms and ammunition,
• optical devices, consumer electronics, telecommunication devices, EDP devices including accessories, chip and telephone cards whose value exceeds €100,000 per shipment,
• Works of art, antiques, genuine carpets and furs, paintings, valuables,
• Animals
• Removal goods,
• Motor vehicles,
• goods to be towed or salvaged.

5.2 Bei Fragen zur Versendbarkeit kann der Auftraggeber Kontakt mit unserem Kundenservice aufnehmen: service@cargoboard.com

6. Right of the client to issue instructions

6.1 The Customer shall have the right to issue instructions in relation to the order in order to specify the services. If instructions are not sufficiently given or cannot be carried out, we may act at our discretion.

6.2 In principle, we shall comply with the instructions of the Customer. We shall draw the client’s attention to any obvious incorrectness or impracticability of his instructions. If he nevertheless insists on the execution of the instruction given, we shall not be liable for any damage or disadvantages resulting from the execution of the instruction.

7. Transport handling

7.1 We shall be free to carry out the transport ourselves in accordance with the statutory provisions (self-performance) or to conclude corresponding performance contracts with third parties.

7.2 If we conclude execution contracts with third parties, we shall inform the Client of their names and addresses upon request.

7.3 We shall choose the means of transport at our due discretion and shall be free with regard to any execution contracts to be concluded in this respect.

7.4 Should goods remain with our partner for a longer period of time due to undeliverability, we take the liberty of charging storage fees in the amount of € 5.00 per Euro pallet storage space per day from the 5th working day onwards.

7.5 In the event of an unsuccessful journey in groupage transport (less than 3,000 kg total weight and less than 2.4 loading meters) for delivery or collection, we take the liberty of charging the customer with costs for a new journey amounting to 33% of the freight price. If there is no new delivery attempt and the goods are returned to the sender for a certain reason. Are there additional transport costs for the return transport of the goods.

In the event of an unsuccessful journey for organized direct, partial or full loads, we must charge up to 75% for the unsuccessful journey.

If there are delays in collection or delivery at the respective addresses, 80.00 € net per hour or part thereof will be charged from 2 hours waiting time.

The customer shall be entitled to prove that we have not incurred damages in the amount claimed.

7.6 In the event that the quantities, weights or volumes to be transported at the time of collection are different from the information provided by the Client, we shall be free to subsequently invoice the difference to the normal transport costs and a € 15.00 handling fee. In case of shipment of less quantities, the client has no direct right to reimbursement.

7.7 The dates indicated for the pick-ups are estimated pick-up times. The transit times are standard transit times on the routes. The transit times can not be guaranteed in the collective goods.

8. Obligations of the client

8.1 The Customer shall hand over the goods to us or to the third parties commissioned by us to carry out the transport at the time and place agreed in the forwarding order.

8.2 The goods to be transported shall be packed and marked in such a way as to be safe for transport for a groupage transport and for multiple reloading if direct transport has not been explicitly agreed with us.

8.3 The client is responsible for loading and unloading, unless explicitly agreed otherwise with us.

8.4 The Customer shall ensure the handover and acceptance of the goods.

8.5 Before handing over the goods to be transported, the Client shall provide us with all necessary information and documents.

8.6 We are entitled to carry out the shipment in a consolidated shipment (§ 460 HGB).

8.7 Access to the collection and delivery site must be guaranteed for a truck with a total weight of more than 3.5 tons.

9. Prices, invoicing, payment

9.1 The prices quoted on our website in euros plus VAT shall apply. Sales tax indicated prices.

9.2 We will send the Client an invoice in electronic form when booking the transport.

9.3 Payment can be made by credit card, direct debit, PayPal or Sofortüberweisung. As far as we offer bank transfer after invoicing in individual cases for registered customers, payments are due from 10 days after invoicing.

10. Packing

10.1 The Customer shall be obliged to hand over the consignment to us ready for dispatch. The exclusive responsibility for the packaging of the consignment goods suitable for transport and storage lies with the customer. 

The client must ensure that the consignment is packed on loading equipment suitable for transport.

10.2 Notes on the packaging which require special handling of the goods are not binding on us and do not release the Customer from the obligation to use packaging which is safe for transport and suitable for storage.

10.3 We are not obliged to inspect the packaging. In the case of goods that are obviously not packed in a way that is safe for transport, we shall be entitled to refuse acceptance of the goods.

10.4 Cargoboard is exempt from liability insofar as the loss, damage or failure to meet the delivery deadline is due to inadequate packaging and labeling by the Shipper. The statutory exclusions of liability apply.

11. Liability and insurance

11.1 Our liability shall be governed by the German Freight Forwarders’ Standard Terms and Conditions (ADSp) in the currently valid version or the statutory provisions of HGB 407 et seq. and, in the case of cross-border transport orders, by the CMR. Upon request, we will provide the client with proof of our insurance coverage.

11.2 According to ADSp sec. 21, we will arrange insurance of the goods through a separate goods transport insurance policy in accordance with the DTV goods insurance policy, if requested.

11.3 For orders from consumers and in the case of handover of goods excluded from shipment pursuant to sec. 5 of the GTC, we assume no liability.

12. Euro pallet exchange

12.1 The exchange of Euro pallets is excluded for B2C shipments (delivery to private customers). The exchange of mesh boxes is possible for groupage shipments within Germany.

12.2 Euro pallets are exchanged exclusively in the following countries:

• Belgium
• Germany
• Luxembourg
• Austria
• Netherlands

12.3 If we do not receive any pallets in exchange from the recipient, we will charge 22.50 euros per Euro pallet for the replacement.

13. Transports to Switzerland or Great Britain

13.1 The prices quoted on our website in euros plus VAT shall apply. Sales tax indicated prices.

13.2 If the recipient does not pay for the costs incurred for the respective franking, we must pass these on to our client.

14. Final provisions

14.1 The Customer shall only be entitled to rights of set-off or retention to the extent that its claim is also legally established or undisputed.

14.2 The place of jurisdiction shall be Paderborn.

14.3 In addition to these General Terms and Conditions, the ADSp shall apply in their respective valid version (currently ADSp 2017).

14.4 In the scope of application of the CMR for international transports, the provisions of the CMR shall apply with priority. These GTC apply in addition.