Our general terms and conditions
1 Application/contractual relationship
1.1 These general terms and conditions of c.b.c. logistics GmbH apply to all contracts for the procurement of the conveyance of parcels unless other regulation applies as mandatory as stipulated by the law. 1.2 The contracting parties are the client and the c.b.c. logistics GmbH system partner who accepts the order to arrange for the transport of the parcels and to ship them. The dispatch is ensued by a qualified parcel service (shipping company). The contract comes into existence at the latest with the acceptance of a parcel to be forwarded.
2 Parcel shipping and forwarding
2.1 All parcels will be shipped provided they do not exceed the pre-defined maximum sizes and weights of the affiliated parcel services and forwarding agencies. The valid maximum sizes and weights are posted and can also be found at www. cbc-logistics. de. 2.2 The client is responsible for the adequate internal and external packaging and labelling of the parcel. The dispatch requires that a package is sufficiently protected so that it can withstand the strain of automatic sorting machines and mechanical handling and does not allow access without leaving traces.
3 Prohibited Goods
3.1 Prohibited from dispatch by a parcel service are: 3.1.01 All parcels that do not comply with the product specifications stated in section 2. 3.1.02 Merchandise of particular value, especially precious metals, jewelry, precious stones, authentic pearls, antiques, works of art; 3.1.03 Money, certificates, documents, securities papers and other valuable goods (e.g. credit, check and telephone cards); 3.1.04 Vouchers and tickets with a value of more than €500 per parcel; 3.1.05 Furs, rugs, clocks, jewelry and other leather goods with a value of more than €500 per piece; 3.1.06 Other goods that have a value above €10,000; 3.1.07 Parcels whose contents, promotion or exterior design are against the law; 3.1.08 Firearms according to the German Weapons Act; 3.1.09 Parcels that can cause injury or property damage, perishable goods, living or dead animals, medical or biological examination, medical waste, human remains, body parts or organs; 3.1.10 Hazardous goods, unless they are accepted for shipment in consultation with the service provider and after a special agreement has been concluded; 3.1.11 Freight or COD, unless they are accepted for shipment in consultation with the service provider and after a special agreement has been concluded; 3.1.12 In the case of cross-border shipments merchandise import or export of which is forbidden or requires special permission in accordance with the regulations of the respective country of dispatch, transit or destination. 3.2 c.b.c. logistics GmbH is entitled to refuse further dispatch if c.b.c. logistics GmbH, after acceptance of the goods, learns of a reason for exclusion or if there is reason to assume that the parcel is excluded from shipment in accordance with Section 3.1. In such cases c.b.c. logistics GmbH has the right, where the situation justifies this and after informing the client, to dispose of the goods at the client’s expense or to destroy them for the purpose of avoiding risk. 3.3 The acceptance of goods excluded under Section 3.1 does not represent a waiver of the exclusion from shipment. 3.4 In addition to the legally constituted liability, the client will be liable for any direct or consequential damage which arises from shipping of goods which are excluded under Section 3.1.
4 Scope of services
4.1 The service includes: 4.1.01 The procurement of dispatch by parcel service provider (forwarder), the acquisition, handling and delivery of parcels by parcel service provider (forwarder); 4.1.02 In the case of not being able to deliver, to make a second and, if necessary, a third delivery attempt; 4.1.03 Deliver, with the effect of fulfilling the obligation, to any person found present at the delivery address, unless there is good reason to doubt such a person’s entitlement to take the delivery; 4.1.04 The return to the client of any parcels which cannot be delivered or are rejected by the consignee. 4.2 If neither delivery nor return is possible because of a faulty address or missing consignor data, the service provider will be entitled to open the shipment in order to ascertain the name and address of the client or of the consignee. If this process is unsuccessful, the contents may be utilized after expiry of a reasonable deadline, or destroyed if necessary. 4.3 Declarations of value and interest in accordance with CMR or the Warsaw Convention/Montreal Convention will not apply.
5 Terms of delivery
5.1 Delivery deadlines are not agreed.
6 Service fee
6.1 Unless other arrangements have been made, the usual service charges as per the current price list of the service provider shall apply. 6.2 Cost for returning goods from abroad will be charged to the client separately. 6.3 Expenses for import shipments that are delivered in Germany (e.g. import duties and taxes) are charged to the recipient account. The cost of liability of the client against the service provider for these expenses remains unaffected. 6.4 Service charges, costs or expenses which have to be paid or are caused by a foreign recipient have to be paid by him, the client has to pay these amounts if they are not compensated upon first request by the foreign recipient.
7 Cooperation duties
7.1 The client is the responsibility of the proper addressing and affixing the address / the dispatch papers. A post office box address is not acceptable. 7.2 At the moment of shipping of dutiable goods, the client has to attach all the papers which are required for customs clearance on the outside of the package. 7.3 The client is obliged, before handing over the shipment, to check and to inform the c.b.c. logistics GmbH whether it is excluded to the terms of Section 3.1. In cases of doubt, the client should inform and seek the decision of c.b.c. logistics GmbH.
8.1 If there is no intent and no gross negligence, the c.b.c. logistics GmbH is principally liable only up to €500 per parcel.
9.1 For each package, there is an insurance policy. This insurance service is limited up to €500 per parcel. 9.2 For a higher insurance cover, an extra insurance premium is possible that allows to arrange insurance of up to €10,000 per parcel, where the amount insured increases in multiples of €500. 9.3 At the client’s discretion the higher insurance can be arranged for the whole parcel volume, for part of this volume or for individual parcels. This must be arranged when the contract of shipment is concluded or at the latest when the parcels are accepted for shipping. 9.4 The client is the only beneficiary of insurance in excess of the level of liability. Resulting claims cannot be transferred to third parties. 9.5 Parcels are excluded from the liability under section 8 regarding additional insurance if other insurance cover exists.
10 Offsetting/right of retention
10.1 The client is not entitled to set off his own claims against claims asserted by the service provider nor is the client entitled to assert any right of retention. This shall not apply for legally established or uncontested claims which are recognized by the service provider.
11 Deviating agreements
11.1 Agreements deviating from these conditions need to be in writing to become effective. This written form agreement cannot be waived verbally.
12 Place of performance, legal venue, regulation gaps, applicable law, partial nullity
12.1 The place of performance and jurisdiction is the location of the branch office of the service provider that received the contract. In cross-border transport the provisions of the CMR or the Warsaw Convention apply. Place of performance and jurisdiction is the seat of the c.b.c. logistics GmbH. 12.2 Regulation gaps have to be filled with the aid of national law. The law of the country in which the service provider is established apply. 12.3 The invalidity of individual stipulations does not entail the invalidity of the entire contract. as of 25 June 2009
c.b.c. logistics GmbH Am Sportplatz 11 35641 Schöffengrund Telephone: +49 6445 25771-0 Fax: +49 6445 25771-17 E-mail: info[at]cbc-logistics.com Managing director: Markus Goldhammer UST-ID: DE263570906 Place of jurisdiction & registry court District court Coesfeld HRB 1471