§1. General, scope
- The present general terms and conditions – hereinafter referred to as „GTC“ – apply to all business relationships and legal transactions between Carlogistics GmbH & CO KG – Eiffestraße 462 – 20537 Hamburg (hereinafter referred to as „Carlogistics“), with your contractual partner (hereinafter referred to as „client“).
- The terms and conditions only apply if the client is an entrepreneur (§14 BGB) or a legal entity under public law or has a special fund under public law.
- The general terms and conditions apply in their respective version as a framework agreement for future services with the same client, without us having to refer to them again in each individual case.
- Our terms and conditions apply exclusively. For deviating, conflicting or supplementary general terms and conditions of the client and are only part of the contract if and to the extent that we have expressly agreed to their validity in writing.
- Terms and conditions – Individual agreements made with the client in individual cases (including side agreements, additions and changes) always take precedence over these terms and conditions. A written contract or our written confirmation by Carlogistics is authoritative and mandatory for the content of such agreements.
- Legally relevant declarations and notifications that are to be submitted to us by the client after the contract has been concluded (e.g. setting of deadlines, notifications of defects, declaration of withdrawal or reduction in price) must be made in writing to be effective.
§ 2. Placement of orders, terms and conditions
- Die Auftragserfassung des zu überführenden Fahrzeugs muss mit einer Vorlaufzeit von zwei Werktagen und einer Dispositionszeit von 48 Stunden über das Kundenportal der Carlogistics (www.carlogist.de). Bei der Auftragserteilung sind erforderlich die Hin- und Rückfahrt Ausgangsort – Zielort – Bestimmungsort – Ansprechpartner – Rahmenbedingungen. Die Übermittlung der Überführungsrelevanten Daten erfolgt über das Kundenportal der Carlogistics. Carlogistics behält sich eine Überprüfung der Auftragsdaten auf Vollständigkeit vor und wird ggf. telefonische Rücksprache und Ergänzung des Auftrages halten.
§ 3. Überführungen
Folgende Rahmenbedingungen sind Gegenstand aller Überführungsfahrten:
- Die Abstimmung des Abholtermins mit dem Auftraggeber und Fahrzeugnutzer erfolgt innerhalb von zwei Werktagen vor Auslieferung.
- Die Abholung des zu Überführende Fahrzeugs und der Unterlagen beim Auftraggeber oder Nutzer.
- Die Überführung des Fahrzeugs auf eigener Achse zum Zielort.
- Erstellung einer Empfangsbestätigung bzw. eines ausführlichen Rückgabeprotokolls.
- Übermittlung der Protokolle an den Auftraggeber über das Kundenprotal der Carlogistics.
- Bei Bedarf stehen Rote Kennzeichen zur Verfügung. Je nach Verfügbarkeit müssen diese inkl. Versandwege je Fahrt mindestens 3 Werktage vor der ÜF telefonisch avisiert werden.
- According to the legislator / winter tire law of 01.12.2010, we only transfer vehicles with winter tires in the cold season (October – April). The client guarantees that the vehicle has tires that are appropriate for the weather conditions, that it is ready to drive and that it is handed over in a technically perfect condition.
§ 4. Basis of calculation
- The calculation of the billing areas is based on the current version of Google Maps. The calculation basis is Hamburg.
- Costs incurred, e.g. for fees, taxes, taxis (if there are poor connections to local public transport), license plates, vehicle washes and refueling are passed on separately.
- The offer is calculated on the basis of current rail prices. We reserve the right to change prices should the rail tariffs rise by more than 5%, as of 2012.
- Tours (e.g. ABC tours or tours to the EU) that go beyond the package price offer require a separate request / planning. We would be happy to provide you with an individual special rate offer on request.
§ 5. Payment
- For the calculation of the prices, the prices offered plus the z. Currently valid VAT. The terms of payment of Carlogistics have been agreed in the contract concluded in advance with the client. Unless otherwise agreed, a term of 10 days net applies.
§ 6. Other liability
- Unless otherwise stated in these terms and conditions including the following provisions, we are liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
- We are liable for damages – regardless of the legal reason – in the event of willful intent and gross negligence.
- Liability for slight or simple negligence only exists in the event of a breach of essential contractual obligations. In this case, liability is limited to the damage typical of comparable transactions of this type, which are foreseeable when the contract is concluded or at the latest when the breach of duty is inspected. Liability for damage that is not typical for the contract is excluded.
- The limitations of liability resulting from Paragraph 3 do not apply if we have fraudulently concealed a defect or have given a guarantee for the quality of the goods. The same applies to claims of the contractor under the Product Liability Act.
- If there is a breach of duty that does not consist in a defect, the contractor can only withdraw or terminate if we are obliged to represent the breach of duty. A free right of termination of the contractor (in particular according to §§ 651, 649 BGB) is excluded. In addition, the legal requirements and legal consequences apply
- Carlogistics and its contractual partners are liable for vehicle damage that can be proven to have been caused by the transport company. Liability begins when the vehicle is picked up and ends when the vehicle is handed over. In the event of delivery after work or at night, the customer is liable when the vehicle is parked. Damage must be recorded in writing for the carrier on the delivery receipt. Claims are to be asserted by 10.00 a.m. of the following working day. After the deadline all liability expires.
- There is a liability and fully comprehensive insurance for every transfer trip. There is a motor vehicle liability insurance with 50 million coverage for personal injury, property damage and financial loss to cover the transport risk during the journeys. The maximum compensation in vehicle insurance is currently € 150,000.00. Theft and vandalism are not included in the insurance.
- No liability is accepted for old and hidden damage that has arisen as a result of a technical defect of any kind. Liability for tire damage and stone chips is excluded, as these are events of force majeure. Liability for consequential damage caused by defects is expressly excluded. Liability for fire damage, hit-and-run or vandalism caused by third parties is also excluded. Carlogistics assumes no liability for private items that are in the order vehicle. If illegal objects or substances are found, Carlogistics is entitled to cancel the order and to inform the police. Proof of insurance will be provided to the client on request.
- If a vehicle is no longer ready to drive due to a breakdown when transferring its own axle, the customer or client must ensure that it is restored immediately after it becomes known. If the customer or client cannot be reached, Carlogistics commissions an authorized workshop or a towing company on behalf of and for the account of the customer.
- Liability for damage caused during a transfer is only liable if the damage has been assessed by an expert appointed by the Carlgistics insurer and the insurance company has approved the claim settlement.
- If a customer carries out the repair without the prior approval of the Carlogistics insurer, the liability claim is forfeited.
- Carlogistics (terms and conditions) has the right to carry out professional repairs in a workshop of your choice. If the repair can be carried out at the purchase price (material and labor costs) in the damaged customer’s workshop, this has priority.
§ 7. Place of jurisdiction
- The local court in Hamburg responsible for the headquarters of Carlogistics is considered the face stand.