1. Scope of the General Terms and Conditions, General
All services rendered by NUN Overland GmbH shall be exclusively subject to these General Terms and Conditions. Agreements of the contractual partner deviating from these terms and conditions, even in individual points, shall only apply if expressly agreed in writing and only in each individual case.
In the case of repeated performance of services (ongoing business relationship) with merchants, the agreement at the beginning of the business relationship shall suffice for the continued validity of our General Terms and Conditions.
The General Austrian Forwarders’ Terms and Conditions (AÖSp) and the Forwarders’ Tariff for Commercial Goods, in the latest valid version in each case, which are available for inspection at our premises, shall apply to our activities as a forwarder and the provision of services. In the event of contradictions with these terms and conditions, these shall take precedence over the provisions of the AÖSp.
2. Offer and order, confidentiality
All offers submitted by NUN Overland GmbH are based on the wages, rates and tariffs valid at the time the contract is concluded and on NUN Overland GmbH’s free choice of means and routes of transportation, shipping companies and airlines.
Furthermore, NUN Overland GmbH shall be entitled to use a different means of transportation without affecting the agreed remuneration, even if a specific means of transportation is named, so that the proper execution of the order is guaranteed. They are based on the condition that the transportation routes selected by us can be used freely without hindrance.
NUN Overland GmbH’s quotations are subject to change without notice until they are finalized and are only valid if accepted immediately and referred to when the order is placed and can be revoked by NUN Overland GmbH at any time. They shall be revoked by a new offer. Deviating agreements must be made in writing without exception in order to be legally valid.
Changes to the scope of the order which were not expressly announced when the order was placed and which result in additional expenses for NUN Overland GmbH shall be remunerated separately. The same applies to orders placed subsequently. The quotation is subject to confidentiality vis-à-vis third parties and must be treated as strictly confidential.
Forwarding to third parties is prohibited in any form without our written consent. The offers submitted by NUN Overland GmbH generally apply to merchant goods with normal dimensions and weights, packaged for safe transportation and stackable, which are suitable for transportation by sea, air and land as well as for groupage transport. Any further transportation must be agreed on a case-by-case basis with regard to dimensions and weights.
3. cargo, transportation and hazardous goods
NUN Overland GmbH is, without exception, neither obliged to load and unload nor to handle, stow, etc. the goods to be transported. However, NUN Overland GmbH shall carry out these tasks for the Customer against separate commissioning and invoicing. Loading and unloading processes and export and import customs clearance in truck traffic must be carried out immediately.
In the case of self-loading (self-locking, self-sealing) by the contractor, the client is naturally not liable for securing the load or for damage caused by incorrect or poor securing of the load. All loading equipment, including containers, must be returned in a clean and undamaged condition. Repairs due to damage to the container and loading equipment are generally not covered by transport insurance.
The weights of the loading equipment are subject to freight charges. The replacement value must be paid for loading equipment that is not returned or is damaged. The transports (returns) of transport packaging, outer packaging and sales packaging resulting from the Packaging Ordinance (VerpackVO) of the BMU can only be carried out after a separate transport order has been placed with separate invoicing according to the tariff.
Information on transportation times, customs duties, tariffs or other details and notifications are non-binding. Bookings and booking notifications as well as concessions of liability and payment commitments without written confirmation by NUN Overland GmbH are non-binding. Furthermore, NUN Overland GmbH does not guarantee any fixed transit times and does not make any promises for fixed dates. Payments in cases of damage are generally subject to reclaim and do not constitute acknowledgements.
The handover of dangerous goods requires an express prior agreement and the handover of the legally required certificates. Dangerous goods must be packed, labeled and provided with the necessary documents by the shipper for transportation, handling and storage.
When transporting dangerous goods (ADR goods), the client is also the sender within the meaning of the ADR-GGBG. The acceptance of dangerous goods in accordance with ADR/RID/IMCO requires a separate order subject to acceptance.
4. Remuneration, other costs and customs duties
The prices on which the offers are based are based on the information provided by the customer regarding the execution of the order. In addition, NUN Overland GmbH shall be entitled to carry out on-site inspections prior to execution of the order if this is deemed necessary to ascertain the circumstances relevant to the order or to verify the information provided by the Customer, which shall be remunerated separately.
The prices only include the costs incurred in the normal course of transportation. Unless stated separately in the offer or expressly agreed in writing, the costs for insurance premiums, customs clearance in the country of dispatch and destination, customs duties and government charges, bill of lading and consular fees, storage fees, presentation commissions, demurrage and other unforeseen expenses, fuel surcharges, road tolls and any costs not incurred through the fault of NUN Overland GmbH are not included.
NUN Overland GmbH is entitled to charge surcharges for additional expenses incurred if the actual unit weights or dimensions and other properties of the parts to be moved deviate from the customer’s specifications. NUN Overland GmbH shall also be entitled to demand separate remuneration in the event of deviations in the scope of performance or additional orders placed subsequently or during performance.
If no special agreement has been made, the foreign currency exchange rates shall be applied according to the following criteria:
The ship’s exchange rate is determined by the shipping company on the basis of the last 10 days prior to the ship’s arrival/departure, with the local selling rates as an average of these 10 days. In the case of air freight, the conversion shall be carried out using the current average exchange rate on the day of arrival at the arrival airport.
NUN Overland GmbH shall pass on to the customer any price increases or reductions in sea, land or air freight rates that are made public by the carrier at the relevant time. Any road pricing fees shall be charged separately from the introductory period.
5. insurances
As a freight forwarder, NUN Overland GmbH is obliged to take out SVS/RVS insurance for the customer. The Customer is free to declare itself as a prohibited customer. This must be done in writing to NUN Overland GmbH. In the case of orders for which the value of the goods (sum insured) is not disclosed, NUN Overland GmbH shall estimate the value and cover accordingly. Transportation insurance shall be covered by NUN Overland GmbH after the corresponding order has been placed.
With regard to storage insurance, reference is made to the validity of the Austrian Freight Forwarders’ Standard Terms and Conditions (AÖSp).
6 Consequences of delay
If order processing is delayed for reasons within the customer’s sphere of responsibility, NUN Overland GmbH shall be entitled to charge the resulting expenses and additional costs. If, on the other hand, NUN Overland GmbH’s performance is delayed for reasons within its sphere of responsibility, the customer shall set a reasonable grace period and request NUN Overland GmbH to perform in advance.
Any claims for damages arising from the consequences of default, in particular penalties and other contractual penalties of the customer, may only be transferred to NUN Overland GmbH if NUN Overland GmbH was demonstrably made aware of such consequences of default, including the amount thereof, when the order was placed. Otherwise, such consequences of default shall be excluded unless NUN Overland GmbH is responsible for intent or gross negligence.
Claims for default on the part of the client can only be asserted after the expiry of a reasonable grace period. Compensation for damages due to non-performance and damages that do not constitute personal injury shall be expressly excluded; in addition, the amount of such damages shall be expressly limited to the actual amount of liability insurance.
In the event of default, NUN Overland GmbH shall be entitled to charge interest on arrears in accordance with the provisions of the ZinsRÄG2002 in the amount of 8% above the base interest rate – but at least 10% p.a. – and to invoice the costs incurred in connection with the extrajudicial reminder and assertion of claims and the pre-litigation expenses.
7. Withdrawal from the contract
The customer may only withdraw from the contract for good cause agreed in writing and if NUN Overland GmbH does not fulfill its performance obligation despite having been granted a reasonable grace period and does not remedy this delay by engaging third parties.
If circumstances arise during the execution of the order that lead to considerable difficulties in the execution of the service or that their use gives rise to a fear or probability of damage to property and/or assets of third parties, NUN Overland GmbH shall be entitled, to the exclusion of claims for compensation of any kind, either to withdraw from the order or to suspend the work performance until the aforementioned difficulties or fears have been eliminated by the customer and this shall lead to the suspension of any agreed deadlines or to the postponement of the agreed completion date.
In such a case, NUN Overland GmbH shall be entitled to charge the customer for the services rendered up to that point – irrespective of the type of contract selected. The costs of the downtime shall also be charged to the customer in the case of lump-sum price agreements. NUN Overland GmbH shall also be entitled to suspend work or withdraw from the contract in the event of non-payment of due receivables or if insolvency proceedings are opened against the customer. In the event of withdrawal, the remuneration for the services rendered up to that point shall be due on a pro rata basis, subject to further claims.
8. Liability of the contracting parties
NUN Overland GmbH shall be liable for all direct damages arising from the provision of services insofar as these are the result of gross negligence or willful misconduct on the part of NUN Overland GmbH or its vicarious agents. Liability for slight negligence is excluded.
Furthermore, NUN Overland GmbH shall not be liable for coincidence or force majeure, nor for consequential damage, compensation for loss of profit, loss of interest and damage arising from third-party claims. No liability shall be assumed for damage occurring during salvage operations. Instructors, slingers, coordinators and other personnel provided by the client are not deemed to be assistants of the contractor. Personnel deployed by the customer or actually deployed by the foreman, site manager or lot manager shall not be deemed to be assistants of NUN Overland GmbH.
NUN Overland GmbH shall not be liable for advice or the provision of information for which it has not been separately commissioned in writing. In any case, the Customer waives the warranty defense of price reduction and non-payment of the remuneration for work due to reported defects, as well as withdrawal from the contract. The Client shall set the Contractor a reasonable deadline for rectifying defects or supplementing what is missing. To the extent permitted by law, in any case in the event of slight negligence, product liability and compensation claims are excluded. The same applies to consequential damage caused by defects and to contracts with protective effect in favor of third parties.
For its part, the Customer undertakes to impose this indemnification on its contractual partners. Otherwise, the liability of NUN Overland GmbH shall be limited to the amount of the business liability insurance policy taken out, the amount of which NUN Overland GmbH will be pleased to disclose on request. The scope of liability agreed with these terms and conditions shall also apply to non-contractual claims. These limitations of liability may also be invoked by subcontractors and all employees engaged in the execution of the order.
The customer shall be obliged to immediately notify NUN Overland GmbH in writing of any damage caused by its performance. The Customer must provide a full statement of the facts within three working days of the occurrence of the damage. Damage that is not externally recognizable must be reported to us in writing immediately after its discovery, at the latest within 7 days after delivery or completion of our service. Later complaints or notifications of defects can no longer be recognized.
In addition, the CMR provisions shall apply to liability for truck transportation. These include a weight liability of 8.33 special drawing rights (SDR) per kilogram. The current conversion rate is available at the Austrian National Bank. The conditions printed on the back of the Airwaybill apply to air freight. For sea freight, the conditions printed on the back of the bill of lading apply.
9. Payment, place of performance and jurisdiction
Unless otherwise agreed in writing, the invoices of NUN Overland GmbH shall be due for payment without deduction upon receipt. Offsetting and counterclaims of any kind are not permitted unless these claims have already been legally established at the time of offsetting. The place of payment and fulfillment as well as the place of jurisdiction is Leibnitz. Austrian law shall apply exclusively.