Terms of Service

repalog GmbH

 

1. Scope

 

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to contracts for the sending of letters, letters or consignments (hereinafter “consignments / consignments”) with the repalog (“repalog”) and other affiliated companies. The scope includes specially agreed additional and ancillary services.

1.2 Exclusively these terms and conditions apply to a contract of carriage concluded between repalog and the client. Other than these terms and conditions will not become part of the contract, even if repalog has not expressly objected to them. These terms and conditions apply to all business relationships with the client, even if they are not agreed again.

1.3 Insofar as nothing else is stipulated in the following order – by mandatory statutory provisions, by individual agreements, the price list and these GTC – the statutory provisions on the freight contract (§§ 407ff.

 

2. Contractual relationship

 

2.1 Rights and obligations within the scope of these GTC are established by the conclusion of a contract of carriage between repalog and the client. A contract of carriage, unless it has already been concluded in writing or by correspondence, comes about through the handing over of shipments by the customer to repalog as well as the acceptance of the shipment by repalog in accordance with the present GTC. Different conditions must be in writing.

2.2 A takeover of shipments by repalog is subject to their compliance with these terms and conditions.

2.3 If a consignment corresponds with regard to its condition (eg in size, format, weight, marking) or otherwise not the price list and / or these GTC and if the consignment is subject in particular to the exclusion of carriage in number 3, the client has no claim to carriage the shipment. In this case it is repalog free

• refuse to accept the shipment, or

• to return a consignment already handed over / taken over to the client or

• to have an already handed over / accepted consignment ready for collection or

• to transport them without informing the client and to charge a corresponding reasonable additional fee.

2.4 repalog is also entitled at any time to refuse offers to conclude a contract of carriage, unless a legal obligation precludes this.

2.5 Claims from the contract of carriage of any kind can only be asserted by the client to repalog. The consignee of the consignment is entitled to assert claims in his own name in accordance with § 421 HGB, insofar as he fulfils the contractual obligations, in particular the obligation to pay the fee to repalog. The rights and obligations of the client remain unaffected.

 

3. Exclusion of carriage

 

3.1 Shipments excluded,

• whose content, external appearance or conveyance violates a statutory provision or an official prohibition, in particular against export, import or customs regulations of the country of import, transit or destination, or which require special security precautions or permits; in particular, shipments whose carriage is not permitted under the treaties of the Universal Postal Union;

• the contents or external characteristics of which may injure persons or cause property damage;

• include live animals, including invertebrates such as bees and food insects, as well as medical and biological specimens including body parts and animal carcasses;

• contain explosive, flammable, toxic, corrosive, environmentally hazardous, radioactive or infectious substances and / or whose transport or storage is subject to dangerous goods regulations,

• contain goods that are not fully permitted under the applicable IATA and OACI Danger Credits;

• contain narcotics or intoxicants;

• which require a special transport temperature;

• contain cash, precious metals or unmounted gems, jewellery, watches and other valuables, check or credit cards, valid calling cards or other means of payment or securities for which no blocking, bidding and substitution procedures can be carried out in the event of damage (securities, II ) and their total value exceeds EUR 500.00; this also applies to several individual consignments with this content to the same consignee, which do not each individually, but together exceed a total value of EUR 500.00, as well as several shipments to the same consignee, containing jewellery, watches or other valuables, and which, although not each alone, together exceed a total value of EUR 25,000;

• whose value exceeds EUR 50,000; the maximum liability limit standardized under No. 8 remains unaffected by this value limit.

repalog does not conclude any contracts for the aforementioned consignments. Employees of repalog are not entitled to conclude transport contracts for these shipments.

3.2 If contents in the context of a shipment are assumed to be in accordance with clause 3.1, then the customer is obliged to reproduce the contents at the request of repalog. If the contents are denied, this shipment is excluded from carriage.

3.3 In the event of suspicion of a breach of the above transport prohibitions, repalog is entitled to open the relevant consignment.

 

4. Rights and obligations of the client

 

4.1 The client is obliged to mark the consignment adequately in accordance with the intended contractual treatment and to clearly identify the consignee. He has to package the consignment in such a way that it is protected against loss or damage and that no damage occurs to third parties and repalog. §§ 410 and 411 HGB remain unaffected.

4.2 The client is obliged to comply with the export and import regulations as well as the customs regulations of the country of departure, transit and destination and to complete the necessary accompanying documents completely and truthfully and to attach them to the consignment.

4.3 The client is obliged to observe and comply with the restrictions and conditions in section 3.

4.4 Client shall be solely responsible and liable for the content of the shipment and for any consequences resulting from carriage prohibited by law or these Terms and will indemnify repalog for any damages resulting from such breach of contract.

4.5 Instructions of the client to proceed in a special way with the consignment goods are only binding for repalog and its vicarious agents if they have been agreed in writing prior to handing over the consignment. The client is not entitled to observe instructions issued after the takeover of the shipment, unless otherwise agreed in a specific contract. The §§ 418 and 419 HGB do not apply.

4.6 Termination of the contractual relationship by the client after transfer / collection of the shipment to / by repalog or a transport company commissioned by it is excluded. § 415 HGB is waived.

 

5. Performances of repalog

 

5.1 The performance of repalog includes the carriage of letters, letter-related mailings and consignments of consignments and includes, depending on the agreement with the client, the carriage, transport and delivery to the consignee or the transfer to another mail carrier for the purpose of service to the consignee.

5.2 repalog is entitled to use third parties for the provision of services and to select a suitable means of transport.

5.3 Compliance with a specific delivery period or a specific delivery date is not owed, as far as individual products are not regulated by individual contract and in writing.

5.4 Delivery shall take place at the address stated on the consignment by placing it in a receiving device intended for the recipient and sufficiently receptive. It may also be made by handing over to the recipient, to his spouse, or to any person authorized to repalog in writing to receive the shipment. repalog reserves the right to hand over the consignment only upon receipt and proof of receipt. No proof is required if the recipient is personally known.

5.5 If the delivery of a shipment is not possible, it can be handed over to a replacement recipient. Substitute beneficiaries are relatives of the beneficiary, spouse and proxy, the owner or lessor of the home or business premises specified in the address, as well as other persons present in the premises of the addressee who, in the circumstances, can be assumed to be

Acceptance of the shipment are entitled. Substitute recipients include homeowners and neighbours of the recipient.

5.6 Undeliverable shipments are returned to the customer at the expense of the customer. Consignments shall be deemed undeliverable if a receiving device determined and accepted by the consignee is absent, no recipient is found within the meaning of item 5.5, acceptance is refused by the consignee, his spouse or authorized representative, the consignee can not be identified or a pick-up period fruitless has passed. Acceptance refusal also applies to the prevention of delivery via an existing receiving device. Shipments to public authorities, legal entities, companies or to persons with collective accommodation are deemed to be undeliverable if no person is named as entitled to receive them by the client.

5.7 (undeliverable) consignments returned by foreign companies to repalog shall be repatriated to the client domestically and shall deliver them to the customer at his expense at the domestic address indicated by him, provided that the customer has made a corresponding advance notification.

5.8 If an undeliverable consignment can not be returned to the client, repalog is entitled to open the consignment. If the customer or another authorized person can not be determined even after opening and delivery is otherwise unreasonable, repalog is entitled to sell the shipment after expiry of a reasonable period. Unvalidable good or perishable goods can repalog before the expiry of this deadline at the expense of the client destroy. The same applies to shipments whose return the client refuses.

 

6. Fee

 

6.1 The client is obliged to pay for each service the agreed fee or – in the absence of an express agreement – the fee for this in the price list valid at the time of conclusion of the contract by repalog. All prices are exclusive of VAT.

6.2 repalog is entitled to request payments for payments and expenses from the client.

6.3 The client is obliged to reimburse repalog for all costs which it incurs in the interests of the client on the occasion of the carriage of the consignment (in particular customs duties, import and export duties, etc.). and releases repalog from all claims of third parties.

6.4 Costs incurred by repalog for the purpose of returning a consignment must be reimbursed by the client.

7. Terms of payment

 

7.1 The fee shall be paid in advance at the latest on delivery of the consignment and immediately after receipt of the invoice without deduction, unless otherwise agreed in individual contract.

7.2 Fees and fees are payable in cash or in accordance with the terms of payment of the individual contract.

7.3 If the client does not pay within seven days of receiving the invoice, he will be in default. In this case, repalog shall be entitled to charge the customer default interest in the amount of 8% above the base interest rate pursuant to § 247 BGB until receipt of the payment owed.

7.4 In the event of late payment, repalog shall be entitled to cease its services and to terminate the contractual relationship with the client in accordance with clause 12 without notice.

 

8. Liability

8.1 repalog is liable for damages of the client – in particular for those caused by loss or damage or by exceeding the date agreed for the delivery – in accordance with the statutory provisions, unless otherwise specified below.

8.2 repalog shall be liable for any damage resulting from loss or damage only from the time of acceptance until delivery of the shipment to the destination defined by the client, until delivery to another company, or until discovery of undeliverability.

8.3 repalog shall only be liable for damages due to the behaviour of repalog employees or vicarious agents insofar as they have acted in the performance of their duties.

8.4 repalog shall be liable for damages for loss or damage to the item due to a breach of duty, intentionally or recklessly committed by repalog or a vicarious agent and in the knowledge that damage will likely occur, without regard to the following limitations of liability. This also applies to damages resulting from injury to life, limb and health, which are based on an intentional or negligent breach of duty by repalog or one of its vicarious agents.

8.5 In all cases other than those mentioned in clause 8.4, any claims of the client for damages, including secondary liability violations and for all non-contractual claims – without prejudice to the further disclaimers and limitations in this clause 8 and by law – shall be excluded unless they are the Violation of essential contractual obligations on the part of repalog. In the latter case, the liability – without prejudice to the other disclaimers and limitations in this Section 8 and by law – is limited to direct damages typical to the contract, whose occurrence was reasonably foreseeable as far as possible, unless otherwise agreed in the individual contract.

8.6 repalog shall not be liable to the extent that the damage is due to circumstances which it could not avoid with the utmost care and the consequences of which could not be averted.

8.7 The liability of repalog for loss and damage to the consignment is also limited to 8.33 units of account per kilogram of gross weight of the consignment.

8.8 The liability for exceeding the delivery time or for any other deviation from an agreed delivery date, the compliance is owed, is limited to the simple amount of the fee for the carriage of the shipment.

8.9 repalog shall also not be liable for damages resulting from culpable behaviour of the client, a breach of the obligations under clause 4 or the nature of the content. In particular, repalog is not liable for excluded shipments in accordance with section 3.1. The cases of damage sharing and special grounds for exclusion specified in § 425 (2) and § 427 HGB remain unaffected.

8.10 The liability of the client in particular according to § 414 HGB remains unaffected. The client shall be liable in particular for the damage caused to repalog or third parties resulting from the shipment of excluded goods in accordance with clause 3.1 or the violation of his obligations under clause 4. The client indemnifies repalog from any claims of third parties.

8.11 repalog shall be entitled to demand reimbursement of the compensation paid in accordance with the preceding paragraphs in the case of the return of a consignment upon delivery of the consignment.

 

9. Unforeseen events

 

If repalog has to act unforeseen during the performance of the services, without prior instructions from the client or – where applicable – the recipient, these acts are deemed to have been carried out for the client or the recipient. The client and the recipient in this case bear the risk for the actions taken.

 

10. Confidentiality

 

10.1 The Contracting Parties undertake to maintain confidentiality with regard to business and technical matters and information, in particular business and trade secrets, which have become known in any way in connection with the contractual relationship and not without the prior written consent of the other party in whole or in part To disclose to third parties who are not employees, unless the notice is required to perform the contract or to fulfill a duty of disclosure to authorities. Employees are also required to maintain secrecy.

10.2 Without prejudice to the foregoing, the parties shall be entitled – with the exception of pricing information – to provide the information necessary to provide the contractual service of a service provider or supplier. The respective service provider or supplier must also be obliged to maintain secrecy.

10.3 This confidentiality obligation applies during the duration of the contractual relationship and for a further 5 years after its termination.

10.4 The client is obliged to ensure that documents and documents provided by repalog are stored securely and inaccessible to unauthorized persons and that they are completely published upon termination of the contractual relationship.

 

11. Privacy

 

11.1 repalog is authorized for the purposes of the contract and has the right to collect, store and process data that has been disclosed to it by the client or recipient for the collection, transport and delivery of the shipment.

11.2 repalog is also entitled to pass on data to state authorities within the framework stipulated by law.

 

12. Termination / Right of withdrawal

 

12.1 Both contracting parties may prematurely terminate the contract for good cause. An important reason is especially, but not exclusively, to consider:

• if the other party grossly or intentionally violates its obligations under this contract and fails to remedy the breach of duty despite a written warning within a reasonable period, at the latest within 30 (thirty) days of receipt of the warning; or

• if the other party has ceased its payments, or if insolvency proceedings have been instituted over its assets, or the opening of such proceedings has been rejected for lack of assets, or if it has to affirm the accuracy of its financial statements in lieu of oath.

• if the other party is in default of payment for more than ten days after the due date and does not cancel the payment within 14 (fourteen) days after receipt of the written notice, despite a written warning.

12.2 In the event of premature termination, the client is not entitled to demand reimbursement for any service or partial service not yet performed for the reasons stated above.

12.3 If the principal has to represent the important reason, he shall, without prejudice to any other legal obligations, pay the intended remuneration for the work performed until then, but at least 20% of the total contract value, unless the principal proves that repalog no costs or costs have arisen in lesser amount. This does not apply if the contract is not terminated for good cause. In this case, those costs will be reimbursed that relate to services that would have been provided only after the end of the contract.

12.4 Events of force majeure and circumstances for which repalog is not responsible, which make the fulfilment of the contract of carriage impossible or excessively difficult, such as: For example, strike, lockout or mobilization, war, war-like conditions, blockade, import and export bans, traffic blocks, official measures, energy and raw material shortage also entitle repalog within the delay to postpone the promotion by the duration of the performance hindrance. In the case of a non-temporary performance impediment or performance aggravation, repalog may withdraw in full or in part because of the unfulfilled portion of the contract. The right to postpone or withdraw exists regardless of whether the events mentioned in sentence 1 or 2 occur at repalog or a vicarious agent. The exercise of this right by repalog does not constitute any claims for damages by the client.

12.5 In the cases of clause 12.4, the client is entitled to withdraw from the contract if he can prove that full or partial outstanding performance of the contract is no longer of interest to him due to the delay. A resignation regarding the partial services already provided by repalog is excluded.

 

13. assignment

 

13.1 Claims of the client against repalog can not be assigned or pledged. Excluded are claims for damages or reimbursement of service fees. These may be assigned, but not pledged.

13.2 Set-offs with claims against repalog are only permitted if these have been legally established or are undisputed. This applies accordingly to a right of retention of the client, should this be an entrepreneur.

13.3 repalog is entitled to assign claims and claims against the client.

 

14. Exclusion periods

 

14.1 If complaints about defects in carriage are not reported in writing to repalog within 7 days after delivery of the shipment, it is assumed that the goods have been delivered in accordance with the contract.

14.2 Claims for damages of the client against repalog expire if the client or recipient does not notify in writing the loss, damage or other breach of duty repalog within 21 days of delivery or return of the shipment. This does not apply to damages caused by deliberate or careless behaviour or reported according to § 438 HGB. Section 438 (5) HGB is waived.

14.3 Complaints concerning invoices or other claims of repalog must be made at the latest on the due date of the payment.

 

15. Statute of limitations

 

All claims within the scope of these terms and conditions expire in one year. Claims in accordance with clause 8.4 and in accordance with clause 435 HGB in conjunction with clause 414 clause 1 HGB become time-barred after three years. The period of limitation begins at the end of the day on which the shipment was delivered or should have been delivered.

 

16. Applicable law / Severability clause / Jurisdiction

 

16.1 The contracts subject to these General Terms and Conditions are subject to the law of the Federal Republic of Germany.

16.2 Should one or more provisions of these General Terms and Conditions be or become invalid or ineffective, this shall not affect the remaining provisions.

16.3 The place of performance and exclusive place of jurisdiction for disputes with merchants, legal persons under public law or special assets under public law under contracts subject to these General Terms and Conditions is the Frankfurt / Main district court.

 

Repalog GmbH

Knut Hansmann

Im Erlenbruch 2e

61273 Wehrheim, Germany

 

Wehrheim, April 2019