1. Offers and contract finalisation
Offers from Trucking Service GmbH are without obligation. Customers can place orders verbally or in writing. The contract is in effect when the order is confirmed in writing by Trucking Service GmbH.
2. Scope of service
The scope of the contractual service is as specified in the written confirmation of the order. The contractual service comprises, to the extent specified in the written confirmation, the provision of a vehicle of the agreed type and the performance of the transport operation as agreed in each case. Any alterations must be made in writing
3. Price and payment
The price and payment conditions are as set down in the contract.
4. Cancellation by customer
In the event of a cancellation for reasons for which Trucking Service GmbH cannot be held accountable, Trucking Service GmbH is entitled to reasonable compensation as follows:
For a cancellation: Up to 30 days before start of journey 10% of agreed price. 14-29 days before start of journey 25% of agreed price. 13 days or less before start of journey 50% of agreed price.
5. Cancellation by Trucking Service GmbH
Trucking Service GmbH may cancel the contract prior to the start of the journey if the vehicle to be used is no longer operational, e.g. following an accident, and no equivalent replacement is available. In this case, the customer may claim its expenses directly related to the order. Trucking Service GmbH is entitled to withdraw from the contract if the negotiated payment conditions are not met. In this event, the transport costs incurred up to that time are payable immediately, and the residual amount under the transport contract is payable within 30 days.
6. Liability
Trucking Service GmbH is not liable for events of force majeure or circumstances beyond the control of Trucking Service GmbH. Liability is limited to the amount of the contractually agreed rental. Liability for the cargo applies according to CMR conditions, subject to a limitation of liability of 720,000.00 euro per claim. The customer is to arrange offsetting with the insurance company, and is to bear the cost of a retention of 750.00 euro per claim. The customer is liable for all damage to the vehicles supplied caused by it or its vicarious agents.
7. Place of jurisdiction
The place of jurisdiction shall be Cologne.
The contractual relationship is governed by the laws of the Federal Republic of Germany.
If any individual contract conditions or clauses of the General Terms of Trade prove to be invalid, this shall not lead to the invalidity of the contract as a whole or the General Terms of Trade as a whole.
Any changes to the General Terms of Trade must be made in writing.
