The following General Terms and Conditions contain the basic rules for using the services of Guido Klatte GmbH & Co. KG, Unnerweg 76, 49688 Lastrup, Germany (hereinafter referred to as the Carrier). These terms and conditions become part of every legal act and/or similar activity between the Carrier and the sender for transfer orders (hereinafter referred to as the Client). Client terms and conditions differing from these terms and conditions do not apply.
§ 1 Subject Matter of the Contract
(1) The Carrier assumes the transport of horses and other living animals for the Client at home and abroad.
(2) The sender informs the Carrier in good time before the transport about all necessary details regarding the transport for a proper execution.
§ 2 Costs
(1) The costs for the respective transfer order are based on the contractual agreement between the Carrier and the Client, see § 4 (1a). The invoice shall be issued before the transportation begins. The Carrier may claim additional costs within the scope of the transport on their merits and in the amount customary in the trade as far as these additional costs effectively arose.
(2) Payment has to be made not later than 7 days before the transportation begins. If this term cannot be adhered to, payment has to be made at the latest upon receipt of invoice.
§ 3 Handover of the Cargo
The Client shall hand over the cargo in a condition suitable for transport. The Client shall provide the Carrier with the necessary and duly issued shipping documents. The horse passport and preliminary documents (certificates, livestock owner attestation, commercial invoice, etc.) have to be handed over to the Carrier prior to the transportation.
§ 4 Order
(1) The transfer order begins when placing the order and ends with the arrival at the agreed destination.
(1a) The order’s scope depends on the invoiced services. Differing agreements need to be made in writing.
(2) The contractual relationship can be recorded in a bill of lading which is to be signed by the Carrier and the Client. The bill of lading has to include the necessary information in terms of § 408 HGB. The bill of lading may also contain further provisions.
§ 5 Loading and Unloading
(1) Loading and unloading is always carried out by the Client or by a person appointed by the Client.
(2) The Carrier is exempt from liability for the loading and unloading process.
(2a) If the Client or a person appointed by the Client is not present at the time of loading and unloading, the Carrier is deemed to have been charged to do so. In this case the Carrier may carry out the loading and/or unloading at his own discretion. The Carrier shall be exempt from liability for this.
(3) The Client disposes of 1/2 hour at the most for loading or unloading respectively. The loading time starts at the time when the vehicle is provided by the Carrier. The unloading time starts when the agreed upon first destination is reached.
(4) If the Carrier has to wait for longer than the loading or unloading time limit, he has a right to an appropriate compensation customary in the trade. The Carrier has the right to stop the loading process if it cannot be carried out in the given time. All costs arising up to that time shall be borne by the Client.
(5) If loading has not started or if loading is not possible even though the loading time has already elapsed, the Carrier shall grant an appropriate extension of time. If loading is not done within the granted extension of time, the contract is deemed to have been terminated. The Carrier is entitled to receive the agreed upon compensation less saved expenses.
§ 6 Transport of people and objects
(1) The additional transport of people and objects is subject to the Carrier’s explicit approval.
(2) The transport takes place at own risk, the Carrier is exempt from liability in this respect (personal injury, property damage, etc.).
§ 7 Liability
(1) The Carrier is exempt from liability as far as the loss, the damage or the exceeding of the delivery time is due to the transport of living animals.
(1a) The Carrier is exempt from liability for loss and damage due to the cargo.
(2) The Carrier is exempt from liability as far as the loss, the damage or the exceeding of the delivery time is due to circumstances which could not be avoided by the forwarding agent even using the utmost care and the consequences of which he could not avert.
(3) If the Carrier is liable for damages which are not due to the loss or damage of the cargo or to the delivery time being exceeded and if the damages are not personal injuries or property damages, the liability is limited to three times the value which would have had to be paid in the case of cargo loss.
(4) The Carrier has taken out a forwarder s third party liability insurance according to § 7a GüKG [German Road Haulage Act], but has a limited liability according to § 427 HGB. The transport is insured with 8.33 special drawing rights (SDR).
(4a) The Client has to take out a third party liability insurance regarding the respective transport at his own expense. The Client can charge the Carrier with taking out this insurance at his expense.
(5) There is no further liability on the part of the Carrier.
§ 8 Notification of damage
(1) The Carrier has to be informed about any damage immediately until the completion of the order.
(2) If the Carrier is not informed about the damage until the completion of the order, it is assumed that the cargo has been transported and delivered in the contractual condition. This assumption also applies for hidden damage, if the Carrier is not informed about such damage within 1 day after delivering the cargo.
(3) The notification of damage needs to be done in writing.
§ 9 Place of jurisdiction
German law is applicable.
If the Client is an entrepreneur, the place of jurisdiction depends on the Carrier’s office. If the Client is a consumer, the place of jurisdiction in case of actions against the Client depends on the Client’s domicile or the Client’s residence.
Lastrup, August 26, 2010
Guido Klatte GmbH & Co. KG