TERMS and CONDITIONS
Effective 1. January 2007
These terms and conditions apply to the services of 3LOG. All contracts concluded by 3LOG with senders (hereinafter "client") concerning the dispatch, transport, treatment and / or storage of goods are coming into existence on the basis of the CMR and complement solely the following General Terms and Conditions. Conflicting terms and conditions are hereby expressly rejected. Insofar the general terms and conditions do not contain any deviating terms, the Allgemeinen österreichischen Spediteurbedingungen AÖSp in their most recent version are serving additionally, promulgated in the Official Gazette of the Wiener Zeitung.
2. Scope of services
The definition and description of individual services and the respective performance framework are contained in their respective contracts, in the current product information, which limit the performance obligations of 3LOG. Unless otherwise agreed, the relevant standard service without any additional service is applied. This also applies if a special service is to be commissioned by 3LOG, or not to the particular conditions desired by the client (by location, time, volume and weight) will be offered. The provisions concerning every additional service (which has been paid for extra) remain unaffected by these Terms and Conditions.
3LOG are free to choose the types, ways and means of transport to the recipient.
3. Excluded service
Excluded from shipping are, without any separately written agreement, the following items:
a) if as the recipient’s address only a PO Box address is stated, or the addition of "Poste restante" supplement,
b) if the nature of the products does not correspond in particular to appropriately defined weights and measures in the product brochures’ properties,
c) if the value of for 3LOG services exceeds € 50.000, - for deliveries and € 25.000, - for single packages,
d) if in accordance with Article 24 of CMR and / or Art 26 CMR the sender should have declared a value or an interest,
e) although still below the value limit of c), however, are of particular value, especially precious metals, jewelry, gems, jewels, furs, art objects, paintings, sculptures, antiques, cash, documents, certificates, checks and credit cards, phone cards , securities, stocks, bills, savings accounts, and other papers for which when a loss occurs are not able to be: blocked, forcefully cancelled, substituted with procedures,
f) if the transport / storage is against a statutory prohibition or conflicts with authorities,
g) which contain drugs,
h) perishable goods or other goods which have a high probability of being damaged, goods which need to be specially protected from heat or cold as well as variations in temperature or humidity, and therefore would require special technical equipment,
i) The mortal remains of humans or animals and / or live animals as well as objects that contain plants
j) weapons, explosives, dual-use goods or military goods,
k) pornographic content, or objects that might be perceived as politically sensitive or offending,
l) objects which by their nature can cause an impairment of or damage to persons, goods or facilities
m) if their packaging does not correspond to the content or nature, in particular 4, Section 1,
n) furniture removals/relocation goods
o) shipping units with missing, inadequate or misleading labeling, in particular shipping units that do not meet 4, section 2 and 3.
All damages, costs and expenses that have been caused by handing over the above excluded goods to 3LOG, are to be paid/replaced by the client.
3LOG is not obliged to inspect the respective good that are being transported, but reserves the right to open each product to be transported and to examine it - unless this is prohibited by a local law - regardless whether there is a product labeling stating that it is an excluded good or if there is no identification/labeling. Any examination by 3LOG does not relieve the client from its contractual and legal obligations. Furthermore, 3LOG is entitled to refuse the acceptance and shipping of goods without giving any reasons.
Regardless of whether the content of the package is known or unknown by 3LOG, a contract is not concluded if the packages which contain excluded goods are being picked up, transported or stored. 3LOG employees or its agents are not entitled to make different agreements. If the client tries to mislead 3LOG about the contents of the package, the contract can be contested.
4. Obligations of the Client
The goods to be carried by 3LOG need to be properly prepared for the transport and the packaging should be protective, compact, stackable and sortable.
In addition, the client is obliged to provide necessary legal, regulatory or contractually required or necessary accompanying documents that should be attached as well as fill them in completely and truthfully, and to provide further information on request.
The customer specifically has to with regard to Paragraph 3c) indicate the true value of the product, although this value information is not explicitly understood as a declaration of interest or value, Articles 24, 26 CMR. 3LOG is not obliged to control whether the attached documents to the product and the information provided is sufficient and correct. If the necessary documents for the onward movement and / or further processing are missing, the client has to present them within 7 working days. Otherwise, the product is returned to the client at his/her expense.
The client has to indicate for each shipment the necessary data and to provide complete and accurate product information, at least the sender (customer ID), exact delivery address, ID number (for example, order number or -code), number of shipping units and weight of the transportation and to indicate any specially requested services.
The additionally requested special services should be indicated by the special service stickers and on the documents for the receipt.
The client indemnifies and holds harmless 3LOG for any resulting violation of the obligations and incurred damages, costs, expenses or claims by third parties. The obligation to repay/restitute also includes possible legal defense and legal prosecution costs as well as any expert's fees.
The product will be delivered, upon a written or electronic receipt, to the recipient, if no other particular method of service was agreed upon such as e.g. a deposit of the product at a particular location, specified by the recipient.
If the recipient is absent, 3LOG is entitled, but not obliged to deliver the package to every person, who may be perceived as eligible to receive the package. That includes all persons that can be found at the premises of the recipient.
Electronic devices can be used as proof for the service/delivery, whereas the receiving person agrees that the printed name of the original receiver or the above mentioned entitled person is in connection with the digitized or electronic signature of the receiver/entitled receiving person as proof of an adequate delivery and that the client expressly waived an appeal concerning a fault in the delivery by the use of electronic devices.
If the delivery cannot be fulfilled in the first attempt, the recipient will be informed in writing and a date for a second attempt will be announced. A separately agreed delivery date can be agreed upon with the recipient.
If the second delivery attempt is without success, as well as if the package is not accepted or if there is a wrong address, the client immediately, at the latest within 7 working days after being informed, needs to provide written instructions concerning the transporting units, otherwise the delivery will be sent back to him/her. All costs incurred are at the expense of the client.
6. Terms of payment
If no other agreement has been made, the prices applied for the transportation are the ones listed in the price list, corresponding to the day the order is assigned shall be the applicable fares.
The fares assume that the circumstances for the delivery did not change since the time of placement of the order, including freight, currency and rate ratios (as well as road use taxes). In these rates the legally applicable value added tax, other governmental charges, insurance premiums and extra charges for special services of any kind are not included.
All payments in the name of the client or the recipient of 3LOG relating to customs, sales taxes and other taxes or charges, and processing fees are due immediately on demand by 3LOG, 3LOG is entitled to demand the payment of the client and/or recipient; 3LOG so far is not bound by instructions of the client.
If a payment by invoice or bank transfer is agreed upon, the sum is to be paid immediately upon receipt without discounts.
3LOG is entitled to remeasure delivery units, which are charged according to volume, dimensions or weight, and the client agrees that the values of 3LOG are applied for the settlement.
7. Cash on delivery (COD)
Each “COD”-delivery should be indicated accordingly on the respective product information of the package as well as on the document about the transfer of the product, clearly, legibly and indelibly marked as a debt collection delivery.
COD orders must be issued in the local currency of the destination country. The COD amount must not exceed the value of the shipping unit, plus attributable transport costs, customs and other charges; a subsequent change in the collection amount is only possible in writing. Incomplete deliveries will be sent only after a written statement of the client and by entire collection of the COD amount.
The money transfer of the COD amount to the client will be initiated by 3LOG within 5 working days after receipt of the delivery confirmation/OD in the relevant accounting office of the partner company DHL Express Austria GmbH. Currency risks are at the expense of the client. 3LOG is entitled to balance the client’s debts with the collected COD amounts.
If the delivery cannot be fulfilled or if the COD amount cannot be collected, 3LOG tries to get written instructions of the client concerning further actions. If that is not possible, the delivery will be sent back to the client. The client is liable in such cases for all costs and expenses that have occurred and the client indemnifies and holds harmless 3LOG concerning claims of third parties and damages which have occurred in relation with the transport or are being claimed against 3LOG.
Damages as a result of inaccurate, incomplete or incorrect data and / or markings are at the expense of the client.
8. Receiver pays
If the client selected „receiver pays“, the delivery can be sent without prior payment of the costs by the client. 3LOG charges the recipient with the transport costs and occurring costs like customs or taxes, if this is instructed by the client. Currency risks are to the expense of the client.
Should the recipient refuse payment on delivery, the client has to instruct 3LOG within 7 days concerning the further procedure. Otherwise, the delivery is returned to him. All costs are at the expense of the client.
3LOG informs the client that even if the option “receiver pays” has been selected, the client is the sole debtor for compensation claims. The option “receiver pays” does not change the obligations of the clients towards 3LOG, bearing the costs for payments and other expenses.
9. Dangerous goods
The transport of dangerous goods as defined by national or international dangerous goods regulations (e.g.: GGStG, ADR, RID, etc.) or according to the IATA and OACI Dangerous Goods Regulations (the 'Dangerous Goods transports "), is permitted only with prior written agreement. Such transports are to be handed over on a separate freight list and the appropriate as well as statutory and regulatory applicable (especially GGStG, ADR, RID, etc.) transport documents and an accident procedures sheet should be attached for the freight at the time of handing over the goods. Each package that contains dangerous goods needs to be identified with the respective valid and correct labels to identify dangerous goods.
The client is explicitly referred to the relevant statutory provisions, particularly the GGStG, ADR, RID, etc., as the mailer or sender, obligations regarding the indication, labeling, packaging, prohibitions on mixed loading, enclosure of the accident procedures sheet, etc., these obligations meet the client even if the dangerous good is transferred by any person other than the client.
If a violation by the client occurs, he/she is liable for any resulting damage and has to indemnify and hold harmless 3LOG for all its resulting damages, costs and expenses; there is no obligation by 3LOG to verify the data and documents concerning correctness and completeness, handed over by the client.
3LOG is liable under the provisions of the CMR, which especially in case of loss or damage of goods is limited to a maximum of 8.33 SDR (SZR) per lost kilogram of gross weight. If there is a delay in the delivery to the extent of the fee, it is to be paid to the client.
Specified durations are the planned, average transport durations and are not considered as agreed upon or guaranteed.
Due to a separate written agreement with 3LOG regarding insurance under paragraph 11, subsection 1 an insurance exceeding the included transport coverage can be concluded at the valid terms and premiums. With regard to the mandatory statutory liability of the CMR the conclusion of such additional transport insurances is strongly recommended.
Goods that are excluded from transport are considered non-insured and are not insurable, for these there is no liability by 3LOG.
12. Notifications and claims
The recipient must inspect the delivery when receiving it immediately concerning damages and completeness. Obvious and visible damages and losses are to be noted by the receiver latest when accepting the delivery on the transport documents. For non-visible damages, 3LOG should be notified within seven days in written form. Sundays and legal holidays not included. For keeping the deadline, the notification must be received within seven days by 3LOG.
13. Prohibition of Assignment
The client or any other claimant is not permitted to assign claims which he/she may have against 3LOG, without a prior written consent by 3LOG.
14. Customs clearance
By handing over a product in order to be delivered, 3LOG is designated as an agent for any necessary customs clearance. 3LOG is entitled to make a customs clearance through intervention of a customs agent.
Dutiable goods are to be clearly and permanently marked and handed to 3LOG separately. The client guarantees that all for the import and export as well as for the customs clearance, the each required papers, documents and forms are complete and accurately filled out. The client indemnifies and holds harmless 3LOG for all damages, costs and expenses arising to 3LOG due to the fact that the clients or his/her agents did not hand in the necessary papers, documents and forms or did not fill them out accurately and completely or if the dutiable good is not properly marked or handed over separately.
Any costs for customs clearance and import duties of fiscal nature, such as tariffs, taxes, customs penalties and holding costs or other expenses that are arose by acts of the customs authorities, failure of the client or receiver in the provision of the necessary documents or the purchase of a required permit or license are to the expense of the receiver, unless the client has not declared himself in terms of paying the costs. In the event that the recipient does not pay despite reminders, the client holds 3LOG harmless concerning damages, costs and expenses as well as claims of third parties, which arise with connection to 3LOG while fulfilling the transport order or are being claimed against 3LOG.
The client guarantees to comply with the import requirements of the beneficiary country and indemnifies and holds harmless 3LOG of any third party claims, damages, costs and expenses, which are caused by the import of non-authorized goods.
3LOG is entitled to collect, save and process data that are gained in connection with services performed and required by 3LOG from senders or receivers. Furthermore 3LOG is authorized, upon request of the authorities (including customs authorities) and governmental institutions to provide them with data within the legally defined framework.
16. Amendments in writing
Changes and additions to the General Terms and Conditions are only effective if they are agreed upon in writing. Oral subsidiary agreements do not apply.
17. Governing Law / Jurisdiction
All contracts of 3LOG are subject to the Austrian law (excluding provisions of private international law).
For all disputes related to contracts signed with 3LOG, including disputes over the existence and validity of an agreement, the competence of the responsible court in Vienna will be arranged; for claims of 3LOG against its client, the jurisdiction clause is not exclusive.