General terms and conditions of the Columbus Cargo Intern. Speditions GmbH as Contractor

1. Validity

These general terms and conditions (GTC) apply to all services provided or procured by Columbus Cargo Intern. Speditions GmbH as the commissioned freight forwarder or carrier (hereinafter referred to as the "contractor”) for their contractual partner (hereinafter referred to as the "principal"). The principal agrees that these general terms and conditions, which can be viewed at (www.columbus-cargo.com/en/contractor-gtc) at any time, apply to all future business transactions, irrespective of any further explicit reference, in particular in the case of orders placed verbally, by telephone or by telex. Differing terms and conditions of the principal which are not explicitly recognised (in writing) by the contractor are invalid, even if they are not explicitly rejected. Under no circumstances can the principal rely on his own general terms and conditions, even if these would be included in orders. No terms and conditions of the principal that contradict these “Columbus-GTC” and the AÖSp are applicable. Furthermore, the principal agrees that these terms and conditions apply to all future business transactions, irrespective of any further express reference, in particular in the case of orders placed verbally, by telephone or by telex.

However, the Contractor expressly points out that for any sea freight transports in addition the B/L terms and conditions of the Contractor apply (available under www.columbus-cargo.com/en/principal-gtc) and shall be superior to these GTC.

2. Offer

The contractor's offer is non-binding and is based on the consignment data specified by the principal, current prices, tariffs, exchange rates and other fees of all parties involved in the transport. The prices quoted are subject to the availability of shipping space, cargo space and empty containers. All surcharges mentioned are valid until revoked and subject to the introduction of further surcharges. All freight rates mentioned are only valid for shipping with partners of the contractor. The freight carriers are selected at the discretion of the contractor.

Due to the strong daily fluctuations in the price of diesel, the contractor's offer is based on the variable average price for diesel fuel according to the EU Commission's Oil Bulletin (Weekly Oil Bulletin (europa.eu)) that are valid on the day the offer is submitted. The contractor therefore reserves the right to add surcharges due to rising diesel prices.

All surcharges mentioned are valid until revoked and subject to the introduction of further surcharges.

3. Validity of the AÖSp

In addition, the General Austrian Forwarders' Terms and Conditions (AÖSp) apply in their currently valid version, published in the Official Gazette of the Wiener Zeitung 1947/184, last amended by the Official Gazette of the Wiener Zeitung 1993/68 (available in English and German on the Internet at https://www.wko.at/branchen/w/transport-verkehr/spedition-logistik/allgemeine-geschaeftsbedingungen.html.The principal declares himself to be a waiver customer (“Verbotskunde”) according to §§ 39 ff AÖSp. The AÖSp also apply in relation to foreign principals.

4. Validity of conventions

The agreement of these terms and conditions does not affect the validity of conventions in their currently valid version as far as their provisions mandatorily prescribe a deviating regulation, such as the CMR.

5. Loading and unloading

It is the principal’s own responsibility to ensure that the loading and unloading of the freight is carried out. Damage caused by circumstances during loading or unloading falls exclusively within the principal’s liability; this also applies if the principal is not in a contractual relationship with the actual loader/unloader. If in an individual case the loading and unloading is actually carried out by a vicarious agent of the contractor, this agent is regarded as a vicarious agent of the principal. The responsibility for loading and unloading always lies with the principal without exception. The principal must ensure that the cargo is secured in accordance with the regulations, complies with the statutory provisions and, in addition, is secured and stowed in a way that is safe for traffic and operation. The obligation to secure the load is the sole responsibility of the principal, even if the goods have been loaded by the truck driver. The principal assures that the packaging is suitable for transport. The provisions of the AÖSp also explicitly apply to such services (packaging services, stowage services, container stuffing, load securing). Furthermore, the contractor is not obliged to inspect the goods for repair. In the case of temperature controlled transports, the principal is obliged to properly pre-cool the goods.

6. Cancellation

The order confirmation is binding if no objection is made within 1 hour of transmission to the contractor.

If the transport order is not cancelled within one hour, the contractor is entitled to a contractual penalty regardless of fault of 80% of the freight price. Any further claims for damages remain unaffected.

The contractor is entitled to cancel the transport order free of charge up to one hour before the agreed collection date.

7. Special goods

The principal is obliged to warn about special characteristics of the freight. The principal therefore must separately declare, among other things, if the value of the goods exceeds € 10,- per kilogram, if they are dangerous goods, waste or if there is a particular risk of theft associated with the freight. In addition, the principal must inform the contractor of any particular sensitivity of the goods and correct handling (e.g. transport temperature etc.). The principal confirms that he has a dangerous goods officer in his company and that he will provide all data relevant to dangerous goods in accordance with the ADR. Goods which are or may become dangerous goods can only be offered to the contractor for transport, whether they appear in official or unofficial, international or national codes or agreements, if prior written notice of their nature, type, name, labelling and classification has been given to the contractor and the contractor's prior written consent has been obtained. In addition, the packaging in which the goods are to be transported, as well as the goods themselves, must be clearly marked on the outside with an indication of the type and nature of the goods. The principal assures to observe and comply with all statutory provisions concerning dangerous goods.

8. Transfer, Subcontractors

The contractor reserves the right to pass on this forwarding or transport order to third parties - even without obtaining the prior consent of the principal. He is therefore entitled to use subcontractors. However, the contractor will exercise the diligence of a prudent freight forwarder or carrier in selecting the company he commissions.

9. Value declaration, special delivery interest

An agreement of a declaration of value or interest or an increase of the maximum liability amounts according to national and international freight law provisions is not possible.

The contractor explicitly objects to any kind of declaration of value or interest, in particular those which may increase the maximum limits of liability provided for in international conventions. It is explicitly pointed out that any kind of announcement of an order value, value of goods (etc.) - in any way whatsoever (in invoices, orders, delivery notes, offers etc.) - does not in any case lead to an agreement of a declaration of value or interest, even if there is no explicit objection by the contractor. It is not possible to agree on an increase or waiver of maximum limits of liability stipulated in contractual terms or in international conventions.

10. Compliance with all provisions

The principal is obliged to comply with all applicable laws, provisions and regulations as well as the provisions of customs, port and other authorities and to bear and pay all customs duties, taxes, charges, etc., as well as to reimburse all penalties, charges, expenses and damages incurred or suffered.

The contractor shall in particular be exempt from liability if the loss or damage has arisen from one or more of the following special risks:

(a) carriage in open vehicles

(b) lack of or defective packaging in the case of goods which by their nature are liable to loss or damage in the absence of or defective packaging

(d) the natural condition of certain goods which exposes them to total or partial loss or damage, in particular breakage, rust, internal spoilage, desiccation, scattering;

e) incorrect, inaccurate or incomplete description or numbering of packages;

(f) carriage of live animals;

(g) Carriage to be performed under escort in accordance with the relevant provisions or an agreement between the consignor and the carrier included in the consignment note, when the loss or damage has arisen from a danger which the escort was intended to avert.

11. Damage

If loss or damage to the goods is not visible from the outside, it is the responsibility of the sender or principal to prove that the loss or damage occurred during the period of liability or transport. Externally visible damage must be reported to the contractor in writing immediately upon delivery, and damage not visible from the outside immediately upon discovery, but within seven days at the latest.

12. Delivery deadlines

Specified loading and unloading dates are not delivery deadlines according to freight law, but only approximate guide values/standard transit times and can therefore not be guaranteed by the contractor. Claims due to the exceeding of performance deadlines (of any kind whatsoever) are therefore not accepted by the contractor, nor are any costs for any consequential damages in the event of delays or late payment fines for documents sent too late. Any liability of the contractor for exceeding loading dates/ for failure to comply with "loading windows" is generally excluded, unless the contractor has missed these deadlines "through gross negligence".

13. Loading equipment exchange

Loading equipment will only be exchanged as far as possible and reasonable and only if an explicit written order is received and a surcharge of 10% of the freight is paid. The contractor does not assume any obligation to return pallets, loading equipment and empty containers and does not at all assume the so-called exchange risk. In the event that - for whatever reason - an exchange of pallets is not possible with the sender or consignee, the principal is not entitled to any claims against the contractor, except in the case of intentional acts/omissions by the contractor. The liability of the contractor for "possible differences in loading equipment" is therefore completely excluded. If an exchange of pallets has been agreed, it is the responsibility of the principal to procure an adequate supply of pallets at the consignee. Costs for pallets not exchanged or additional costs for later collection are charged to the principal. Loading equipment not exchanged due to the fault of the sender will also not be exchanged and returned at the consignee.

14. Payment claim

The claim for payment of the freight arises upon delivery of the freight. The contractor grants the principal a payment deadline of 10 days net, starting from the billing date, unless a more specific agreement to the contrary has been made with the principal. Discount deductions are not accepted by the contractor. In the event of default of payment, the contractor is entitled to interest at the rate of 1.5% per month in accordance with § 29 AÖSp. In addition, the principal must bear in full all dunning charges incurred as well as the costs associated with the execution of the outstanding claim.

15. Transport insurance

As the contractor's liability is limited, it is recommended to take out transport insurance. However, transport insurance will only be taken out if explicitly requested in writing.

16. taffing, vehicle, routes

The vehicles used by the contractor are generally dispatched with one truck driver. In the event of a written agreement for 2-man staffing and payment of a freight surcharge, the contractor will provide two drivers, which can reduce the risk of theft. This is recommended due to the current situation of danger in European freight traffic. As a rule, the statutory driving and rest breaks can only be consumed on "conventional parking spaces". Should the principal wish to consume the prescribed driving and rest breaks on guarded parking spaces, this must be explicitly notified to the contractor in writing in advance and can be agreed by paying a surcharge.

The vehicles used are usually ordinary tarpaulin semi-trailers. In order to minimise possible dangers, in particular the risk of theft, it is recommended, however, that the contractor be explicitly commissioned in writing and by paying a surcharge with the use of a so-called box semi-trailer, as this offers increased security.

The routes chosen by the contractor are the fastest and most cost-effective routes. Should the principal wish for a special route in order to minimise possible dangers, the contractor must also be informed of this explicitly and in writing in advance and another route can then be agreed upon against payment of a freight surcharge.

17. Rights of lien and retention

The contractor has the right of lien and the right of retention on the goods or other items in his power of disposal for all due and not due claims against the principal to which he is entitled under the present contract. If the principal does not explicitly state the owner of the goods in the consignment note when placing the order, the contractor can assume that the freight is the property of the principal. The principal is entitled to prohibit the exercise of the lien if he grants the contractor an equivalent means of security (e.g. bank guarantee).

18. Demurrage

The contractor is entitled to charge the principal demurrage in the amount of € 450,- per day (at least € 100,- per hour for a standing time of less than 24 hours); the contractor is entitled to the demurrage even if the principal is not at fault. A demurrage claim arises if a waiting time/standing time of 1.5 hours in total is exceeded. In the case of special transport, the contractor is entitled to a demurrage charge of € 600,- per day (at least € 120,- per hour for a standing time of less than 24 hours).

19. Offsetting

Under no circumstances is the principal entitled to make freight reductions or to set-off counterclaims against claims of the contractor. Without exception, there is a ban on offsetting and retention in favour of the contractor. Section 32 AÖSp applies.

20. special provisions for sea-transports

For any sea freight transports in addition the B/L terms and conditions of the Contractor apply (available under www.columbus-cargo.com/en/principal-gtc) and shall be superior to these GTC.

21. special provisions for rail transports

In addition to these General Terms and Conditions, the following provisions apply to rail transport:

The provisions of COTIF/CIM shall apply even if their legal scope of application is not opened. Transport restrictions in affected countries, in particular those occurring after the goods have been dispatched, may give rise to additional costs (i.e. demurrage costs, diversion costs, demurrage charges, handling costs, etc.) and will be invoiced at cost. In the event of transport obstructions (e.g. disruptions to the rail infrastructure, etc.), the performance of the transport service may be suspended in whole or in part. The principal shall be liable for all damage to locomotives, wagons, loading units as well as the rail infrastructure caused by him or a third party commissioned by him (faulty loading, securing of packaging, etc.) or by wagons/loading units, etc. provided by the principal. The principal is responsible for ensuring that unloaded wagons and loading units are returned completely emptied and cleaned. He shall also be liable for any omissions/actions/omissions on the part of the consignee.

Wagons, loading units, containers, wagons, tank wagons, WAB or other transport containers provided by the principal: The principal is obliged to comply with all relevant provisions. The principal shall ensure that the provisions of the CSG are complied with and that the wagons, loading units, containers, wagons, tank wagons, wagons with trailers or other transport containers handed over are free of defects. The principal shall also ensure that only wagons are handed over whose keepers have joined the GCU. The Principal shall be liable and shall indemnify the Contractor against all claims for damages if damage occurs in connection with these wagons/containers (e.g. damage to the rail infrastructure, damage caused by delays, etc.).

Upon acceptance of the goods by the entitled party, all claims against the contractor arising from the contract of carriage in the event of partial loss, damage or exceeding of the delivery time shall be extinguished - irrespective of the degree of fault. The claims shall only not be extinguished

a) in the case of partial loss or damage, if the loss or damage was ascertained before acceptance of the goods by the person entitled by means of a statement of the facts modelled after the provisions of Article 42 of the CIM

b) in the case of damage which is not apparent and which was not ascertained until after acceptance of the goods by the person entitled, if he requests ascertainment as in Article 42 of CIM immediately after discovery of the damage and not later than seven days after acceptance of the goods and also proves that the damage occurred in the period between taking over of the goods and delivery;

c) if the delivery period has been exceeded, if the person entitled has made his claim against the supplier within 60 days.

When loading the respective wagon, the principal shall check on his own responsibility whether the wagon complies with the provisions of RID and is approved in accordance with the TSI, ORE and UIC provisions.

The provisions of RID shall be complied with by the principal.

The principal shall in any case be responsible for the proper stowage, loading, packaging and securing of the load. This also applies if the loading was carried out by third parties. The principal guarantees that the contents of a pre-loaded wagon/container/loading unit have been loaded and secured in accordance with transport requirements. Stowage, loading, packaging and load securing shall be carried out in accordance with the UIC Loading Guidelines/Packaging Guidelines. Consignments that are reloaded at the standard gauge/wide gauge interface must be loaded in accordance with the UIC loading guidelines up to the reloading point. From the reloading point onwards, loading and securing shall be carried out in accordance with SMGS regulations. The principal assures that the packaging and securing of the loading unit is suitable for transport. The principal further warrants that the contents of closed containers are packed, stowed and secured in a manner suitable for transport.

The principal himself must ensure that the goods are properly secured, i.e. that pre-loaded transport containers (wagons, loading units, containers, wagons, tank wagons, WAB or other transport containers, etc.) are handed over securely. All wagons, loading units, containers, wagons, WAB or other transport containers must be secured with a solid U-lock. The principal must ensure that this lock is fitted before handover for transport and that the wagon, loading unit, container, wagon, WAB or other transport container has been appropriately secured. The Contractor's liability for loss or damage in connection with the transport of wagons, loading units, containers, wagons, WAB or other transport containers handed over for transport without appropriate anti-theft devices (e.g. solid U-lock etc.) is excluded without exception. The claimant must provide proof that the container/loading units have been handed over in a secured condition (including shackle lock etc.). The contractor's liability for damage in connection with the use of open wagons is excluded.

The contractor is entitled to charge all costs in connection with delays or downtimes to the principal according to the expenses. The contractor is entitled to this claim irrespective of the fault of the principal or other persons.

The principal undertakes to prepare all freight documents and the RID classification properly and truthfully. The principal shall draw the contractor's attention in good time to all obligations under public law (including tax law and customs law) connected with the possession of the goods. The principal shall be liable for all consequences of failure to do so.

If the contractor is commissioned for customs clearance on the basis of a special written agreement, the contractor shall act as the direct representative of the principal in customs matters. The contractor is entitled to appoint a sub-agent to carry out the customs formalities. The Principal shall provide the Contractor with all necessary information and documents, in particular for the preparation of the consignment note and the customs clearance of the goods, as well as any accompanying documents that may be required, in full and in good time.

The contractor is exempt from liability insofar as the loss, damage or exceeding of the delivery period has been caused by the fault of the entitled party, an instruction of the entitled party for which the contractor is not responsible, special defects of the goods (internal spoilage, shrinkage, etc.), cases of force majeure (e.g. infrastructure damage, etc.) or by circumstances which the contractor could not avoid while exercising the average care of a company and the consequences of which he could not avert. The contractor is exempt from this liability insofar as the loss or damage has arisen from the special risk associated with one or more of the following facts:

(a) carriage in open wagons in accordance with the General Conditions of Carriage or where this has been expressly agreed and noted in the consignment note; subject to damage suffered by goods as a result of weather conditions, goods in intermodal transport units and in closed road vehicles carried on railway wagons shall not be deemed to be carried in open wagons; if the consignor uses blankets for the carriage of the goods in open wagons, the carrier shall be liable only to the extent that he is liable for carriage in open wagons without blankets, even if these are goods which are not carried in open wagons in accordance with the General Conditions of Carriage;

(b) Absence of or defective packing in the case of goods which, by their nature, are liable to loss or damage in the absence of or defective packing;

(d) the natural condition of certain goods which exposes them to total or partial loss or damage, in particular breakage, rust, internal spoilage, desiccation, scattering;

e) incorrect, inaccurate or incomplete description or numbering of packages;

(f) carriage of live animals;

The burden of proving that the damage occurred during carriage subject to mandatory special freight law shall be on the claimant. Unless mandatory statutory liability provisions prevail, the Contractor's liability shall be limited to direct damage and the maximum liability amounts set out in this Chapter below. Liability for all other types of damage or loss (including loss of profit, interest, loss of income or future business opportunities), in particular also for indirect, highly personal or immaterial damage and loss, is excluded:

Maximum liability limits for:

Loss of, damage to the goods: 9.0 SDR per kilogram of the damaged or lost goods.
Damage caused by delay, e.g. due to exceeding of loading time, exceeding of delivery time: in the amount of freight
Other damage: € 5.000,- per damage event

All time limits, in particular time limits for giving notice of defects and for assessing damage, limitations of liability and exclusions of liability shall apply without exception to the extent permitted by law, unless the principal, entitled person or claimant proves that the damage is attributable to an act or omission on the part of the contractor which was committed either with the intention of causing such damage or recklessly and with the knowledge that such damage would probably occur. The burden of proof for this qualified degree of fault lies with the claimant. Any liability for financial loss and penalties is also excluded. Liability is furthermore limited to pure material damage and in particular liability is excluded if damage is caused by force majeure, epidemics/pandemics (for example Covid-19 etc.), natural catastrophes, war, wars or other events. ), natural disasters, war and civil war or warlike events, strikes, lockouts, labour unrest, political acts of violence, port and terminal congestion, riots, other civil unrest, sabotage, seizure or intervention by public authorities or official orders or restrictions, or if the damage has been caused by burglary, robbery or other criminal acts of third parties. Liability is also excluded if the transport cannot be carried out or is delayed due to problems with the rail infrastructure.

The principal undertakes to comply with all foreign trade regulations of the countries concerned and the European Union; this applies in particular to the import and export of goods subject to authorisation, including so-called dual use goods.

All loading equipment, in particular also containers, wagons, tank wagons, empty containers, WAB or other transport containers, are to be returned in undamaged condition, swept clean and free of dirt, attached labels or inscriptions as well as contamination, unless otherwise expressly agreed. Any costs arising from non-compliance will be charged to the principal.

General terms and conditions of the Columbus Cargo Intern. Speditions GmbH as Contractor

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