Terms and Conditions

General Terms and Conditions

General
 

 

1. We work exclusively on the basis of these General Terms and Conditions (GTC) and the General German Freight Forwarders’ Conditions (ADSp) in their most current version.

 

1. These General Terms and Conditions apply in addition to the statutory transport regulations for national transport (HGB) and the Convention for International Carriage of Goods (CMR). To the extent that these provisions conflict with the General Terms and Conditions, they shall not apply.

 

1. Our General Terms and Conditions apply exclusively. Deviating General Terms and Conditions or agreements of the client are only valid if they have been expressly agreed upon in writing in the individual case. The same applies even if we do not expressly object to conflicting General Terms and Conditions and/or they merely supplement these provisions. Above all, any penalties not expressly agreed upon are fundamentally rejected. Unauthorized charges will be charged with a processing fee of EUR 100 and are due immediately.

 

1. These General Terms and Conditions and ADSp shall also apply to all future transactions with the Client without the need for a separate, renewed agreement.

 

Offers, conclusion of contract, termination
 

 

1. Our offers are subject to change until the contract is concluded. They are non-binding, and any statements made by us regarding the conclusion of the contract are only valid in text form. Oral side agreements and assurances are also only valid if confirmed in text form.

 

1. By placing an order with HSNK s.r.o., the client declares that he has read and accepted these General Terms and Conditions and the conditions referred to.

 

1. In derogation from Section 415 of the German Commercial Code (HGB), if the contract is terminated within the last 24 hours before the agreed loading time, the client must pay compensation amounting to 70 percent of the contractually agreed remuneration plus the expenses incurred by HSNK s.r.o. in connection with the conclusion of the contract, unless the client can prove that no damage or expense was incurred or that the expenses were significantly lower than the flat rate. If the vehicle is already within a 10km radius of the loading point and en route there, the lost freight shall be 100 percent. In the special case that the costs incurred by HSNK s.r.o. for expenses incurred and the damage incurred demonstrably exceed this amount, the client owes compensation for the actual damage incurred and the expenses incurred.

 

Transport
 

 

1. HSNK s.r.o. is generally free to choose the means and route of transport, unless binding written agreements have been made with the contractor regarding the same.

 

1. According to Section 412 of the German Commercial Code (HGB), the client is responsible for loading, stowing, securing, loading, and unloading the goods in a manner safe for transport. The client is responsible for loading in accordance with the relevant legal regulations and for ensuring proper load securing and unloading. The actions and omissions of persons working for the sender or recipient are attributable to them. It is expressly stated that our drivers are instructed not to provide assistance during loading and unloading. HSNK s.r.o. will only perform loading or unloading in a manner safe for transport after prior written agreement and appropriate compensation.

 

1. If the driver nevertheless provides assistance and/or support, they act as vicarious agents of the client. The driver is thus acting within the scope of the client's obligations. Damages incurred in the course of such activities without a contractual and remunerated agreement are not attributable to HSNK s.r.o..

 

1. In addition to the above obligations of the client to ensure safe transport of the load, the client must ensure that the goods to be transported are packaged and individual or loose parts are secured in such a way that they will not be damaged during proper and normal transport.

 

1. The customer is responsible for packaging the goods for transport. Furthermore, the customer must ensure that the goods and packaging are designed in such a way that they can be properly secured.

 

1. The client is responsible for ensuring that the goods to be loaded do not cause lasting damage or soil the trailer. The trailer is also considered soiled if the goods emit an odor that requires a complete cleaning of the trailer. These costs are then borne by the client.

 

1. Furthermore, the client is liable for ensuring that the soil, space, and other conditions at the site and the access routes – excluding public roads, paths, and squares – allow the proper and safe execution of the contract. In particular, the client is liable for all information regarding underground cable shafts, supply lines, other underground cables, and cavities that could impair the load-bearing capacity of the soil at the site or the access routes. The client must inform the contractor of the location and presence of underground cables, shafts, and other cavities without being asked to do so. If the client fails to comply with this obligation, they are liable for all resulting damages, including property damage and consequential damage, as well as financial losses to the client's vehicles, equipment, and work devices. Information and declarations provided by third parties that the client uses to fulfill its obligations shall be deemed to be self-declarations by the client.

 

1. HSNK s.r.o. reserves the right to transship partial shipments without prior agreement with the client in order to avoid empty kilometers and to optimize delivery interests.

 

1. HSNK s.r.o. reserves the right to use tractors and drivers from subcontractors.

 

1. Acceptance of individual packages is only guaranteed to the extent that the driver supervises the loading and the packages can be counted with reasonable effort. If the number of packages exceeds 10 per pallet, only the pallet acceptance will be acknowledged.

 

Liability
 

 

1. We expressly refer to the limitations of liability stipulated in the German General Terms and Conditions of Delivery (ADSp), the German Commercial Code (HGB), and the German Convention on Freight Forwarding (CMR). Further information can be found in the relevant terms and conditions.

 

1. If only individual items or parts of a shipment were damaged or lost, the maximum liability amount is calculated based on the gross weight of the lost or damaged part of the shipment. The gross weight of the entire shipment is only relevant if the damage or loss of individual items has devalued the entire shipment as a whole.

 

1. When loading goods that are stored outside of closed rooms and later loaded, HSNK s.r.o. does not make any notes on the CMR regarding moisture or similar.

 

Fixed dates and special delivery interest
 

 

1. Fixed dates are considered guidelines. They should not be interpreted as a "special delivery interest." HSNK s.r.o. will plan routes with commercial diligence to ensure that fixed dates are met. However, since delays beyond our control (traffic jams, problems, and waiting times during loading and unloading) can occur along the route, especially with partial shipments, HSNK s.r.o. is not liable for missed fixed dates.

 

1. If there is a special interest in delivery, this must be registered and agreed upon in writing and paid for accordingly.

 

Reimbursement of demurrage and additional costs
 

 

1. In principle, the following demurrage arrangement applies: For waiting times for loading or unloading of up to 6 loading meters, one hour is considered free of demurrage, and for more than 6 loading meters, two hours are considered free of demurrage. Longer waiting times are billed at EUR 65 for every half hour or part thereof. From 5 hours of demurrage-charged waiting time, a daily rate of EUR 460 is due. If final loading of the truck is no longer possible before a weekend due to demurrage-charged waiting time, a weekend demurrage of EUR 820 is due. Instead of the hourly, daily, or weekend demurrage, HSNK s.r.o. reserves the right to unload the goods at a freight forwarder and arrange a second delivery at the contractor's expense. Redistribution will only take place after written cost confirmation from the client.

 

1. The waiting time begins when you enter the recipient's premises and ends when you leave.

 

1. Waiting times for customs clearance are to be attributed to loading and unloading times.

 

1. Waiting times associated with the exchange of Euro pallets or inspection of goods are also to be allocated to loading or unloading times.

 

1. Acceptances and deliveries to sheds, port warehouses, and similar locations usually require special acceptance documents, which the drivers must carry with them. In addition to the standard waiting fees, HSNK s.r.o. generally charges a flat fee of EUR 65 for missing documents.

 

1. In the event of short-term address changes, the resulting additional time will also be charged in accordance with the demurrage regulations mentioned above.

 

1. In addition, after arrival at the unloading point, reimbursement for additional kilometers of EUR 2.00 each will be charged for the distance between the agreed unloading point, the new unloading point and the return journey to the agreed loading point (alternatively EUR 4.00 per km one way).

 

1. Similarly, changes to the unloading point's address are handled within 24 hours of loading. Additional kilometers will be charged at EUR 2.00. The trip is always billed to the agreed unloading point. Waiting charges also apply.

 

1. Address changes within a 20km radius of the charging point will be charged at a flat rate of EUR 150 if the vehicle is already within a 10km radius of the charging point and on its way there. The waiting fee policy also applies.

 

Pallet exchange
 

 

1. If pallets need to be exchanged and the scheduled truck does not have any pallets, HSNK s.r.o. reserves the right to return them to the loading location or to the customer within 8 weeks of transport, whichever is more convenient to avoid empty kilometers. Pallet accounts and invoices are only considered delivered and can only be processed if they are sent digitally to hsnk@zammad.com . Unauthorized pallet invoices will be immediately debited with a flat processing fee of EUR 50. Non-standard pallet costs of more than EUR 5.50 can only be charged after prior explicit agreement and will otherwise be rejected outright.

 

1. If no pallets are returned during unloading during a transport in which pallets were exchanged at the loading point, the customer is obligated to deliver the pallets to HSNK s.r.o. within four weeks. Alternatively, the pallets will be charged at EUR 25 per Euro pallet or EUR 130 per wire mesh pallet, plus a EUR 25 processing fee.

 

1. Pallets will only be exchanged if the exchange was explicitly agreed upon in writing in the order (contrary to the terms and conditions, Euro pallet exchange is not considered a standard agreement). Documentation of the exchange on the CMR is sufficient according to Article 4 CMR in conjunction with Article 6. Pallet slips are not required in this case and can only be provided after prior express agreement and payment. Withholding payment due to missing documents other than the CMR consignment note (including pallet slips) is not permitted.

 

Invoicing
 

 

1. We generally object to billing using the credit note procedure. We generally issue invoices, and these are due for payment within 30 days of receipt. Any provisions to the contrary are hereby expressly rejected. Please note that we only send receipts by email or mail, together with the invoice and no later than 14 days after delivery. An express POD can be ordered for a processing fee of €50. We are happy to handle processing (submission) in customer-specific portals for a processing fee of €37, subject to prior explicit agreement.

 

1. According to Article 9 of the CMR Convention, the CMR consignment note serves as proof of the conclusion of the contract of carriage until proven otherwise. It is therefore sufficient as a delivery receipt. Additional documents are not required and can only be provided after prior express agreement and payment. Withholding payment due to missing documents other than the CMR consignment note is not permitted. Documents will only be provided as copies/scans. Originals can be requested from the client for a processing fee of EUR 45.

 

1. Set-off of claims is generally prohibited. Exceptions must be expressly agreed upon on a case-by-case basis. Violations of this rule will result in a processing fee of EUR 50.

 

Final provisions
 

 

1. These Terms and Conditions are governed by the laws of the Federal Republic of Germany.

 

1. The exclusive place of jurisdiction for merchants within the meaning of the German Commercial Code (HGB) is Prag.

 

1. If these Terms and Conditions are not objected to within 2 hours of notification (email, order confirmation, etc.), they shall apply exclusively under the above conditions.

 

1. Should individual parts of these General Terms and Conditions be invalid or inapplicable in individual cases for contractual or legal reasons, all other provisions shall remain unaffected, contrary to Section 139 of the German Civil Code (BGB).