General Terms and Conditions of FulfillmentPlus UG (haftungsbeschränkt) for business customers (B2B)
including the
GENERAL GERMAN FORWARDING CONDITIONS ADSp
and the Logistics GTC from the Bundesverband Speditions- und Logistikverband e.V
Preamble
These General Terms and Conditions of FulfillmentPlus UG (haftungsbeschränkt) refer to the German Freight Forwarders' Standard Terms and Conditions (ADSp) and the Logistics GTC of the DSLV Bundesverband Spedition und Logistik e.V. The German Freight Forwarders' Standard Terms and Conditions are recommended for use by the Federation of German Industries, the Federation of German Wholesale and Foreign Trade, the German Freight Forwarding and Logistics Association, the Association of German Chambers of Industry and Commerce and the Federation of German Retailers. For the additional services within the scope of logistics, the Logistics GTC primarily regulate the principles of cooperation, the obligations of the contractual partners in the execution of the contract and the limited liability of FulfillmentPlus UG (haftungsbeschränkt).
FulfillmentPlus UG (haftungsbeschränkt) offers an all-round package for services in the e-commerce sector, including the provision of transport services on behalf of the client. FulfillmentPlus UG (haftungsbeschränkt) is not a forwarding company within the meaning of the ADSp.
1. content
In addition to these provisions, our business transactions are based on the German Freight Forwarders' Standard Terms and Conditions (ADSp) and the Logistics General Terms and Conditions of the DSLV Bundesverband Spedition und Logistik e.V. (German Freight Forwarding and Logistics Association) as amended from time to time and are deemed to be an integral part of our General Terms and Conditions.
2. goods receipt and goods issue
2.1 FulfillmentPlus UG (haftungsbeschränkt) undertakes to transmit incoming and outgoing goods to the customer electronically via an interface. This is usually done on the same day.
2.2 The client undertakes to check the transmitted data for accuracy. If the customer does not object to the transmitted data in writing within one week, the stocks or goods movements transmitted via the interface shall apply. The customer shall then no longer be entitled to any claims against FulfillmentPlus UG (haftungsbeschränkt) arising from incorrect stock.
2.3 Furthermore, the provisions of the German Freight Forwarders' Standard Terms and Conditions (ADSp) and the Logistics GTC apply to the liability of the Freight Forwarder or FulfillmentPlus UG (haftungsbeschränkt).
3. costs for customs clearance
3.1 In addition to the costs for customs clearance, the customer shall bear all fines and import duties incurred in connection with the order for which FulfillmentPlus UG (haftungsbeschränkt) is not responsible.
3.2 In all other respects, the provisions of the ADSp shall apply.
4. insurance of the goods
4.1 The customer must ensure that his goods are insured by his insurance company. FulfillmentPlus UG (haftungsbeschränkt) may insure the goods if the customer explicitly instructs it to do so before the goods are handed over. In this case, the goods may only be delivered to FulfillmentPlus UG (haftungsbeschränkt) after written confirmation of the insurance by FulfillmentPlus UG (haftungsbeschränkt) has been received.
4.2 In all other respects, the provisions of the ADSp shall apply.
5 Liability of FulfillmentPlus UG (haftungsbeschränkt)
5.1 FulfillmentPlus UG (haftungsbeschränkt) maintains a business liability insurance policy with an insurer that covers the liability amounts in accordance with the German Freight Forwarders' Standard Terms and Conditions (ADSp) and the Logistics GTCs.
5.2 The forwarding agents arranged by FulfillmentPlus UG (haftungsbeschränkt), which are required for the transport of the goods, are subject to the liability insurance of the ADSp. FulfillmentPlus UG (haftungsbeschränkt) is not a freight forwarder within the meaning of the ADSp, but only arranges transport.
5.3 The liability of FulfillmentPlus UG (haftungsbeschränkt) is limited to the sums according to the German Freight Forwarders' Standard Terms and Conditions (ADSp) and the Logistics GTCs. This also applies to liability in accordance with section 27 ADSp and in deviation from statutory provisions such as Art. 25 MÜ, Art. 36 CIM, Art. 21 CMNI, § 660 HGB.
6. remuneration
6.1 Invoicing by FulfillmentPlus UG (haftungsbeschränkt) shall be in EURO and invoices shall be paid in EURO. If the services are paid in a foreign currency, the customer shall bear any fees charged by the payment institutions.
7. deviating agreements
7.1 Any agreement deviating from these General Terms and Conditions shall require a written agreement between the customer and FulfillmentPlus UG (haftungsbeschränkt) to be effective.
8. amendments to these GTCs
8.1 FulfillmentPlus UG (haftungsbeschränkt) reserves the right to make any changes to these GTC due to legal changes, new case law, changed economic circumstances and expansion of the business areas.
8.2 The client shall be notified of any changes with reference to the fact that the client may object within a reasonable period of time. If the client does not object within the specified period, the change shall be deemed to have been accepted by the client.
9 Place of jurisdiction, applicable law
9.1 The place of jurisdiction for all legal disputes arising from or in connection with the contractual relationship shall be the registered office of FulfillmentPlus UG (haftungsbeschränkt) for all parties involved, provided they are merchants.
9.2 The legal relationship between the freight forwarder and the principal or his legal successors is governed by German law.