TERMS & CONDITIONS

Foreword

AnimalLogistics FRA GmbH (hereinafter referred to as “we” or “forwarding agent”) is a specialist freight forwarder specialising in the transport of live animals, products of animal and plant origin and live plants. Within Germany, sensitive goods are transported in appropriate vehicles from the place of loading to the airport or from the airport to the place of delivery by us or by companies commissioned by us. We as well as the companies commissioned, if applicable, are in possession of all relevant permits for the transport by the respective competent authorities. For transport to the destination country, we use aircraft from airlines that are also licensed to transport animals as live cargo (AVI). However, this does not apply to all airlines, so we do not use these airlines. We may not use certain airlines to transport goods other than live animals. We also use specialist forwarding agents abroad who fulfil all official requirements in the respective country and whom we trust to handle these sensitive transports accordingly.

Explanation of terms

1. Delivery
The term “delivery” also includes delivery in the case of warehouse transactions.

2. client
The legal entity concluding a transport contract with the forwarder.

3. theft-prone goods
Good that is exposed to an increased risk of robbery and theft, such as money, precious metals, jewellery, watches, precious stones, works of art, antiques, cheque cards, credit cards or other means of payment, securities, securities, documents, spirits, tobacco products, consumer electronics, telecommunications equipment, IT equipment and accessories, chip cards and all goods with a value of 100 euros per KG or more.

4. receiver
The legal person to whom the goods are to be delivered under the transport contract or on the effective instructions of the contracting authority or any other person entitled to dispose of the goods.

5. vehicle
A means of transport used to transport a good by road.

6. dangerous goods
Goods which, even in the course of normal transport, storage or other activities, may pose an immediate risk to persons, vehicles and legal interests of third parties. Dangerous goods are in particular those goods which are covered by the dangerous goods laws and regulations as well as by regulations concerning hazardous substances, water or waste.

7. loading equipment
Means for grouping packages and for forming loading units, e.g. pallets, containers, swap bodies, containers.

8. loading/unloading point
The postal address, unless the parties have specified a more precise location.

9. performance time
The time (date, time) at which a certain service is to be performed, e.g. a time window or a point in time.

10.packages
Individual items or units formed by the principal to carry out the order, with or without means of loading, which the freight forwarder has to handle as a whole (packages within the meaning of §§ 409, 431, 504 HGB).

11. claim / loss event
A claim shall be deemed to have occurred if an aggrieved party asserts a claim under a transport contract on the basis of an external event or instead of a claim under a transport contract; a claim shall be deemed to have occurred if several aggrieved parties assert claims under several transport contracts on the basis of an external event.

12.interface
After acceptance and before delivery of the goods by the freight forwarder, each transfer of the goods from one legal entity to another, each transhipment from one vehicle to another, each (intermediate) storage.

13. forwarding agent
The legal entity concluding a transport contract with the contracting entity. Forwarders in this sense are in particular carriers in the sense of § 407 HGB, forwarders in the sense of § 453 HGB, warehouse keepers in the sense of § 467 HGB and carriers in the sense of §§ 481, 527 HGB.

14. transport contracts
Contracts of the Freight Forwarder for all types of activities, regardless of whether they concern forwarding, freight, sea freight, warehousing or other business usually belonging to the forwarding trade (e.g. customs clearance, consignment tracking, transhipment). These also include normal forwarding logistical services, if these are related to the transport or storage of goods, in particular activities such as formation of loading units, order picking, labelling and weighing of goods and returns handling. Freight contracts also include wage haulage contracts for the provision of manned motor vehicles.

15. shipper
The legal person who transfers the goods for carriage in accordance with the contract of carriage or on the basis of effective instructions.

16. essential contractual obligations
Obligations, the fulfilment of which is essential for the proper performance of the transport contract and on the observance of which the contractual partner may regularly rely.

17.valuable good
Good with an actual value at the place and time of takeover of at least 100 euro/kg.

18th time window
Agreed service period for the arrival of the freight forwarder at the loading or unloading point.

19th date
The agreed time of performance for the freight forwarder’s arrival at the place of loading or unloading.

§1 Scope of application
1 The General Terms and Conditions shall apply to all transport contracts which we execute as contractor. 2. statutory provisions, from which no deviations may be made by way of pre-formulated contractual conditions, shall take precedence over the General Terms and Conditions.

§2 Obligations of the customer when placing the order; information obligations, special types of goods
1. the principal informs the freight forwarder in good time about all known essential factors influencing the execution of the order. These include

1.1 Addresses, nature and condition of the goods, gross weight (including packaging and means of loading provided by the customer) or the quantity otherwise indicated, marks, numbers, number and type of packages, special characteristics of the goods (such as live animals, plants, perishability), the value of the goods (e.g. for customs purposes or insurance of the goods in accordance with §20) and delivery periods.

1.2 All obligations under public law, e.g. customs law, foreign trade law (in particular embargoes relating to goods, persons or countries) and security law.

2 The client has the obligation to cooperate. It provides all necessary and commonly used information with the order placement. A copy of the documents will be made available as soon as possible, at the latest with the original transport. The Client shall ensure the accuracy of the information and documents. If there are separate deadlines for the submission of documents and information for orders, the client shall ensure that the deadlines are met or, in prior consultation with us, shall bear the costs.

In the case of dangerous goods, the customer must inform us in good time in text form of the quantity, the exact nature of the risk and – if necessary – the precautionary measures to be taken. If the goods in question are dangerous goods within the meaning of the law on the carriage of dangerous goods or other goods for the carriage or storage of which special dangerous goods or waste regulations exist, the customer must provide the information required for the proper execution of the contract, in particular the classification according to the relevant dangerous goods law, and must hand over the necessary documents at the latest when the goods are handed over.

4. in the case of valuable goods or goods at risk of theft, the client shall inform us of the nature and value of the goods and the existing risk in text form on our behalf so that we can decide whether to accept the order or take appropriate measures to ensure that the order is processed safely and without damage. If we accept this order, we shall be obliged to take appropriate security measures to protect the goods.

5. the client must provide us with all documents and other documents and provide us with information (e.g. tariffs) which are necessary in particular for the proper customs or other legally prescribed handling of the goods – this also includes security controls, e.g. for air freight shipments -.

§4 Rights and obligations
1. we have to protect the interests of the client. We shall examine the order placed with us for obvious defects and immediately notify the customer of all circumstances of risk known to us for the execution of the order.

2) We shall employ reliable and professionally trained, suitable and properly employed driving personnel and, if necessary, a driver’s certificate.

3. we have to follow the house, company or construction site regulations valid there and known to us on a foreign company site. § 419 HGB remains unaffected.

If we are commissioned with the cross-border carriage of the goods or the import or export clearance, this order shall in case of doubt also include the customs or other legally prescribed handling of the goods, if without it the cross-border carriage to the place of destination cannot be carried out. We can do this:

4.1.open packaging if this is necessary for the purpose of carrying out a legally prescribed inspection (e.g. freight forwarder as regulated agent) and subsequently take all measures necessary for the execution of the order, e.g. repacking the goods.

4.2. to interpret the duties fixed by customs.

4.3 In the event of damage to goods or damage caused by delay, we shall, at the request of the customer or recipient, immediately provide him with all information necessary and known to him to secure claims for damages.

5 A transhipment prohibition (§ 486 HGB is not applicable) is excluded.

6. returns, transfers and concealed additional loads are permitted. If, in deviation from the order, one or more further packages are handed over by the customer for transport and we accept this or these packages for transport, we and the customer shall conclude a new transport contract for this good. Unless otherwise agreed, the provisions of the original transport contract shall apply to returns or concealed additional loads.

7 Further performance and information obligations, e.g. regarding quality management measures and their compliance (audits) as well as monitoring and evaluation systems and performance indicators, require express agreement.

§5 Contact person, electronic communication and documents
1. at the request of either Party, each Party shall designate one or more contact persons for the receipt of information, statements and requests for the performance of contracts and shall communicate the names and contact addresses of the other Party. This information must be updated if changes are made. If a party does not designate a contact person, the person who concluded the transport contract for the party shall be deemed to be the contact person. Information obligations going beyond the law, e.g. about measures taken by us in the event of disruptions, in particular an impending delay in acceptance or delivery, obstacles to transport or delivery, damage to goods or other disruptions (emergency concept) require express agreement.

2. in the absence of an express agreement, contractual declarations by warehouse and driving personnel shall require the approval of the respective contracting party in order to be effective.

(3) The principal shall ensure that the shipper or consignee makes the declarations necessary for the performance of the transport contract at the loading or unloading point on behalf of the principal and carries out the actual actions such as handing over or taking over the goods.

If this has been agreed between the customer and us, the parties shall transmit or receive shipment data including invoicing by EDI (Electronic Data Interchange)/DFÜ (data transmission). The transmitting party bears the risk for the loss, the completeness and the correctness of the transmitted data.

In the event of an agreement pursuant to §5(4), the parties shall ensure that their own IT system is ready for operation and that the usual security and control measures are implemented in order to protect the electronic exchange of data from access by third parties and to prevent the alteration, loss or destruction of electronically transmitted data. Each party shall be obliged to notify the other party in good time of any changes to its IT system that may affect the electronic exchange of data.

6. documents created electronically or digitally, in particular proofs of delivery, are equivalent to written documents. In addition, each party is entitled to archive written documents electronically or digitally only and to destroy the originals in compliance with the statutory provisions.

§6 Packaging and labelling obligations of the Customer
(1) The goods shall be packed by the customer and, if necessary, clearly and durably marked for their treatment in accordance with the order. Old license plates must be removed or made unrecognisable. The same applies to packages.

2. the client is also obliged:

2.1 To mark packages belonging to a consignment as belonging together recognizably.

2.2 If the loading or unloading takes place at more than one loading or unloading point, we shall ensure the securing of the load up to the last unloading point after completion of the safe loading of the goods.

§7 Receipt
1. we confirm the acceptance of the goods – if necessary with reservation – with a receipt. In case of doubt, the receipt of acceptance only confirms the number and type of packages, but not their contents, value, weight or otherwise stated quantity.

2 As proof of delivery, we shall obtain from the recipient a delivery receipt for the packages specified in the order or in other accompanying documents. If the recipient refuses to issue the delivery receipt, we shall arrange for the return transport at the expense of the customer.

3 For deliveries within Germany, we will contact the recipient in advance. If the recipient cannot be reached, the delivery will not take place until the recipient can be reached. Any costs incurred as a result shall be borne by the customer.

4 The principal may request the surrender of the delivery receipt within one year of delivery of the goods.

(5) All signed documents proving the execution of the order, such as delivery notes, carrier’s acceptance notes, freight and sea waybills, consignment notes or bills of lading shall serve as receipts for acceptance or delivery.

(6) The receipt of acceptance or delivery may also be issued electronically or digitally, unless the principal requires the issue of a bill of lading, bill of lading or bill of lading.

§8 Instructions
We undertake to observe any instructions given to us after conclusion of the contract regarding the goods against payment, unless the execution of the instructions threatens to cause disadvantages for the operation of his company or damage to the customers or recipients of other consignments. If we intend not to follow an instruction given to us, we must notify the person who gave the instruction immediately.

§9 Freight transfer, cash on delivery
The Customer’s notification that the order is to be processed freight collect or, for example, executed in accordance with the Incoterms for the account of the recipient or a third party, shall not affect the Customer’s obligation towards us to bear the remuneration and other expenses (freight, customs duties and other charges). C.O.D. instructions e.g. according to § 422 HGB, Art. 21 CMR remain unaffected.

§10 Non-compliance with loading and unloading times, demurrage charges
If the principal has to load or unload the goods, he shall be obliged to observe the agreed loading or unloading time, which shall otherwise be reasonable.

If, in the case of road transport, a time or time window is agreed or notified by us for the provision of a vehicle, the loading or unloading time, irrespective of the number of consignments per loading or unloading point, shall be a lump-sum maximum of 30 minutes each for loading or unloading.

(3) The loading or unloading time shall commence with the arrival of the road vehicle at the loading or unloading point (e.g. notification to the doorman) and end when the principal or consignee has fully complied with his obligations. If a specific performance time has been agreed for the provision of the road vehicle at the loading or unloading point, the loading or unloading time shall not commence before the time agreed for the provision.

4. if the loading or unloading time is exceeded due to a contractual agreement or for reasons which are not attributable to our risk area, the customer shall pay an appropriate demurrage fee of at least 60 euros per hour or part thereof.

§11 Obstacles to performance, force majeure
If we are unable to take over the goods or cannot do so in time, we shall inform the customer or shipper of this without delay and obtain appropriate instructions. § Section 419 HGB applies accordingly.

2. obstacles to performance which are not attributable to the risk area of a contracting party shall release the contracting parties from their obligations to perform for the duration of the disruption and the extent of its effect. Such obstacles to performance include force majeure, riots, acts of war or terrorism, strikes and lock-outs, blockades of transport routes and other unforeseeable, unavoidable and serious events. In the event of an impediment to performance, each contracting party shall be obliged to inform the other party without delay.

§12 Delivery
If it becomes apparent after arrival at the unloading point that unloading cannot be carried out within the unloading time, we shall notify the customer of this immediately and obtain appropriate instructions. § Section 419 HGB applies.

If we are unable to meet the agreed performance time or – in the absence of an agreement – a reasonable time for the delivery of the goods, we must obtain instructions from our customer or the recipient.

3. if the consignee is not present at his residence, at the place of business or at a common facility where the consignee lives, the goods may be delivered, unless there is manifest doubt as to their right to receive them, if the persons concerned are the following:

3.1 In the home of an adult family member, a person employed in the family or an adult permanent roommate.

3.2 In business premises to a person employed there.

3.3 In Community bodies, the head of the body or an authorised representative.

4 Deliveries without physical takeovers by the recipient or another person commissioned, e.g. night, garage or belt delivery, are expressly excluded. (5) Delivery may only take place under the supervision of the principal, the consignee or a third party authorised to receive the goods (§13 (3)).

§13 Obligation of the freight forwarder to provide information and surrender goods
We undertake to provide the customer with the necessary information, to provide information on the status of the transaction upon request and to render an account after its execution; we are expressly not obliged to disclose the costs.

§14 Storage
We do not store live animals and all your other sensitive goods ourselves, but use specialist companies such as the Frankfurt Animal Lounge or the Perishable Center at Frankfurt am Main Airport and comparable companies. We have already calculated the corresponding costs in our offers. If you would like your animals to be accommodated for a longer period of time, we will use paw hotels in the vicinity of the airport.

§15 Remuneration
(1) The agreed remuneration, which includes the costs of transport and storage, covers all services to be provided under the transport contract. Additional claims for costs incurred in the regular course of transport or storage and foreseeable at the time of submission of the offer cannot be asserted separately, unless otherwise agreed. Calculation errors are at the expense of the calculator. §§ 412, 418, 419, 491, 492, 588 to 595 HGB and comparable regulations from international conventions remain unaffected.

2 The client undertakes to pay the costs immediately in accordance with the offer. If the customer issues instructions during the execution of the order, the customer shall bear any costs incurred in full.

3 If costs are incurred for which we are not responsible, the customer shall bear them.

4 Unless otherwise agreed, full payment shall be made at the latest when the goods are handed over.

5. if it has been agreed that the consignee pays for the transport and does not comply with the payment, the client is obliged to pay.

6. if payments by invoice are agreed, the term of payment printed on the invoice must be adhered to.

7. we open different ways of payment. Should the payment methods selected by the payer entail additional costs, these shall be borne by the payer.

§16 Claims for expenses and indemnities
1. we are entitled to reimbursement of expenses which he could consider necessary under the circumstances and for which he is not responsible, in particular contributions to general average proceedings, detention or demurrage costs, repackaging to protect the goods.

If the customer instructs us to take delivery of his goods and freight, cash on delivery, customs duties, taxes or other charges or expenses are demanded upon delivery to us, we shall be entitled, but not obliged, to interpret these – to the extent that we could consider them necessary under the circumstances – and to demand reimbursement from the customer, unless otherwise agreed.

§ 17 Invoices, foreign currencies
1 Our remuneration claims require the receipt of an invoice or payment statement which meets the statutory requirements. In the absence of a deviating agreement, the due date does not require the submission of proof of delivery in the case of undisputed delivery.

2 Our invoices and prices are quoted in euros. We do not accept foreign currencies.

If we owe foreign currency or if we interpret foreign currency, we shall be entitled to demand payment either in the foreign currency or in euros. If we demand payment in euros, conversion shall be effected at the rate officially fixed on the day of payment.

4. a payment handling in the credit note procedure is to be expressly agreed upon. In case of doubt, the customer must issue credit notes immediately after performance.

§18 Set-off, retention
Set-off or retention against claims arising from the transport contract and associated non-contractual claims is only permissible if the counterclaim is due, undisputed, ready for a decision or has been legally established.

§19 Right of lien and retention
1. the freight forwarder is entitled to invoke his legal rights of lien and retention to secure his claims arising from transport contract services.

2. the realisation of the pledge shall take place in accordance with the statutory provisions with the proviso that:

2.1 If the legal lien of the carrier or forwarder is exercised, the threat of the sale subject to a lien and the necessary notifications shall be addressed to the consignee.

2.2 In place of the period of one month specified in §1234 BGB (German Civil Code), which is one week, the period of one month shall apply.

§20 Insurance of the goods
1. we shall arrange insurance of the goods (e.g. transport or storage insurance) with an insurer of our choice if the customer commissions us to do so before the goods are handed over.

2. we shall arrange for the insurance of the goods if this is in the interest of the principal. We may assume this in particular if:

2.1 We have procured insurance for an earlier transport contract within the framework of an ongoing business relationship.

2.2 The principal has indicated in the order a “value of the goods for insurance of the goods”.

(3) The presumption of interest in the coverage of insurance in accordance with §20 (5) shall in particular not apply if:

3.1 The Principal shall prohibit covering.

3.2 The principal is a freight forwarder, carrier or warehouse keeper.

4. we have to follow the instructions of the customer especially regarding the sum insured and the risks to be covered. If we do not receive any instructions, we shall decide on and take out the type and scope of the insurance at our dutiful discretion.

5. if we are unable to provide insurance cover due to the nature of the goods to be insured or for any other reason, we shall notify the customer thereof without delay.

6. if, after conclusion of the contract, we procure insurance at the instruction of the customer, assume the collection of a compensation amount or other activities in the handling of insurance claims and average damages, we shall be entitled, even without agreement, to a customary local, otherwise appropriate remuneration in addition to the reimbursement of his expenses.

§21 Liability of the freight forwarder, assignment of claims for compensation
1 We shall be liable for damages in accordance with the statutory provisions. Compensation for value and costs according to §429, §430, §432 HGB. Deviations are not agreed.

If we have claims against a third party arising from a damage event for which we are not liable, or if we have claims for damages against a third party exceeding our liability, we shall assign these claims to the customer at the customer’s request, unless we undertake to pursue the claims for the account and risk of the customer on the basis of a special agreement. §§ 437, 509 HGB remain unaffected.

§22 Limitation of liability
1 Our liability is limited. We shall be liable as follows if we are responsible for the damage:

1.1 We shall be liable for a maximum of EUR 5,000,000 per damaging event for personal injury, property damage and financial loss.

1.2.For all contracts of carriage with 8.33 special drawing rights per kilogram, the maximum liability is EUR 300,000 per damaging event. The § 413 paragraph 2, §418 paragraph 6, §422 paragraph 3, §431 paragraph 3, §433, §445 paragraph 3, §446 paragraph 2, §487 paragraph 2, §491 paragraph 5, §520 paragraph 2, §521 paragraph 4, §523 HGB as well as corresponding liability provisions in international agreements, from which by way of pre-formulated contractual terms may not be deviated, remain unaffected. §22 ff does not apply to statutory provisions such as Art. 25 MÜ, Art. 5 CIM or Art. 20 CMNI, which extend our liability or allow it to be extended.

1.3 For environmental damage up to a maximum of EUR 1,000,000 per event.

§23 Liability insurance of the freight forwarder
We have taken out a corresponding liability insurance policy with “Alte Leipziger” Versicherung AG and maintain it.

§24 Client liability
1 German law shall apply to the legal relationship between us and the customer.

2 The place of performance for all parties involved is 65451 Kelsterbach.

3 The place of jurisdiction for all legal disputes arising from or in connection with the transport contract shall be Frankfurt am Main for all parties involved. The above agreement conferring jurisdiction shall be regarded as an additional agreement conferring jurisdiction in the case of Article 31 CMR and Article 46 § 1 CIM and not in the case of Article 39 CMR, 33 MÜ, 28 WA.

§25 Confidentiality
The parties are obliged to treat confidentially all information which becomes known to them during the execution of the transport contract and which is not publicly accessible. The information may only be used for the purpose of providing the service. The parties shall impose this obligation of secrecy on other legal entities which they use in the performance of their obligations under the transportation contract.

§26 Minimum requirement
We undertake to comply with minimum wage regulations and regulations on minimum conditions at the workplace and confirm this in text form at the request of the customer.

2. in the case of carriage, we shall ensure that we or the contractor performing the carriage:

2.1 Within the scope of application of the GüKG, the holder of a licence pursuant to § 3 GüKG or a licence pursuant to § 6 GüKG or a joint licence is the holder or does not use such licence, licence or permit in an inadmissible manner.

2.2 Within the scope of application of the GüKG, driving personnel who meet the requirements of § 7b para. 1 sentence 1 GüKG shall be used for transport.

2.3 Upon request, all documents required by law to be carried during carriage shall be presented, insofar as the Client or third parties are required to comply with statutory control obligations.

3. we or the contractor performing the carriage are obliged to organise the activities of our drivers in such a way that the prescribed working, driving and rest periods can be observed. There is a general ban on alcohol and drugs while driving the vehicle.