TERMS AND CONDITIONS Please note the General Terms and Conditions on the following page! As part of the provision of the service or the contract, the contractor undertakes to pay the minimum wage prescribed by the MiLoG and hereby confirms that he will comply with the wages in the amount prescribed by law for the employees or vicarious agents employed by him. The contractor undertakes to exempt the client from his liability for payment of the minimum wage according to the MiLoG to the employee who is entitled to claim. The duty of indemnification also applies if employees of the subcontractors or subcontractors employed by the contractor or the temporary employment agency commissioned by them make a claim against the client for payment of the minimum wage. At this point, we also refer to point 5 of our terms and conditions. By accepting the order, you expressly confirm that you have fulfilled the reporting obligations according to MiLoG - in particular for this transport. GBA Austria Speditions GmbH • Mauthfeld 13 • 6380 St. Johann in Tirol • Austria UID: ATU 69050527 • Innsbruck Commercial Court Commercial Register FN422627k • Tel .: +43 (5352) 65094 • Fax +43 (5352) 65094 400 General conditions 1. This transport order is binding even without counter-confirmation. Counter-confirmations by the client with reference to his terms and conditions are hereby expressly contradicted. 2. The contractor must provide evidence of a valid CMR insurance, which also covers Article 29 CMR up to the maximum liability limit (at least € 300,000). The valid insurance policy as well as a confirmation from the insurer must be sent to us without being asked when the order is accepted. If we are not presented with a policy or confirmation or if the insurance cover is insufficient, we will cover the insurance cover with our CMR insurance and charge the contractor a fee of 3% of the freight rate. 3. When accepting the order, we assume that the contractor has all the necessary transport permits and that they are also carried in the truck. 4. The drivers of the vehicles used by the contractor have all the necessary permits (driver's license, ADR license, residence and work permit). By accepting this transport order, you hereby confirm that the drivers deployed are properly registered in accordance with social law. 5. The use of subcontractors requires our express and written consent. In this case, the contractor is liable to us as in the case of self-entry. 6. There is an absolute ban on loading and unloading. 7. The dates specified in the transport order are considered accepted by the contractor and are binding as fixed dates. At The client must be informed immediately about delays and deviations from the agreed loading or unloading date. In the event of an unjustified delay at the loading point, the client reserves the right to organize a replacement truck. The additional costs for the replacement truck are borne by the contractor. If the vehicles do not arrive at the unloading point within the time windows agreed in the loading order, the client reserves the right to pass on the freight reductions on the part of the customer 1: 1 to the contractor. 7a In the event of the contractually agreed acceptance of goods (mail and parcels) at a warehouse operated by Amazon (and ASC Graben) or from a warehouse operated by DPD Geopost and Deutsche Post DHL, we expressly express a special interest in meeting the specified deadlines (fixed deadlines ) regarding the provision of the truck, the acceptance and delivery of the goods in the amount of the agreed freight. Regardless of the cause of the contractor's failure to provide the truck at the contractually agreed date at the respective Amazon / DPD warehouse, a penalty of € 650 is due and charged to the contractor. Failure to meet the contractually agreed delivery date (delay) at the respective receiving warehouse of ÖPAG, DHL, Deutsche Post AG, ASC, DPD warehouse or their contract warehouses will pay a penalty of € 150 and will be charged to the contractor. In addition, we hold the contractor fully liable for all consequential costs in the event of a delay in loading or unloading. 7b. Absolutely empty loading area! -> Empty pallets that are on the loading area will be removed by the loading staff and will, without exception, be transferred to the consignor's inventory !!! Drivers must write a separate CMR for each unloading point. Vehicle is sealed - customs cord is mandatory! - If you do not have a customs string with you or the existing one is damaged, you will receive a customs string at the loading point, which we have to charge you with € 75. 7c. GBA Austria Speditions GmbH is not liable for loss of or damage to your equipment at the loading or unloading point. 8. Acceptance of the number of items is deemed to have been agreed; Should there be any discrepancies during loading, we are to be informed immediately. 9. The roadworthy loading, in particular compliance with the permissible axle loads and securing the load with lashing straps, is the responsibility of the contractor's vicarious agents. All costs from penalties or delays caused by failure to comply with this instruction are to be borne by the contractor. 10. We must be informed immediately in the event of delays in the course of the transport or if there is a risk that the agreed dates cannot be met . If vehicles are not provided for the agreed transports, a replacement vehicle will be procured at the full cost of the contractor. 11. Euro or E-PAL pallets are generally always to be exchanged immediately, unless the transport order states: “No pallet exchange”. If proof is missing (pallet slips with stamp and signature of the loading and unloading points), an immediate calculation will be made at a price of € 15 per pallet. Any exchange process or non-exchange must be evidenced by pallet slips with the stamp and signature of the sender or recipient. A note on a CMR consignment note is not sufficient proof of a proper exchange. Pallet slips are to be attached to the invoice to us. In the event of non-exchange, the client must be informed immediately so that an immediate response can be made. Objections at a later date cannot be accepted. If loading equipment is used, the ORIGINAL loading equipment note must also be enclosed with the freight invoice. Pallet slips brought in at a later date can no longer be accepted after 14 days from the loading date. 12. Demurrage will only be reimbursed if the waiting time has been confirmed by the sender / recipient on the consignment note, stating the date, time and duration with a stamp and signature. The amount of the demurrage is agreed separately. Saturdays, Sundays and public holidays are generally free of demurrage. Demurrage cannot be paid if the contractor is responsible for the standing time. Generally, 24 hours free of demurrage at the loading or unloading point are agreed. The agreed dates are to be adhered to. 13. We can only accept, post and pay invoices if all the necessary documents (receipted CMR, delivery notes, pallet slips) have been attached to the original invoice. The term of payment is 7 days after receipt of the invoice with a 3% discount or 45 days net. 14. Verifiable cancellations by the customer release the customer from paying the failure costs or other compensation. 15. The goods may only be unloaded at the recipient or delivery address specified on the consignment note. Changes may only be made with the express approval of the client (with the exception of neutral deliveries, if this is specified separately in the order). If the details of the unloading points differ between our loading order and the CMR consignment note issued by the customer, we must be contacted immediately in order to avoid a possible delay in delivery. 16. The contractor is independently liable for any kind of overloading and indemnifies and holds harmless the client in this regard. According to established case law, you as the carrier are liable for safe loading. You are also liable for your vicarious agents. 17. In the case of breaks in the journey (breaks, etc.), only guarded parking spaces are to be used. A list of these parking spaces can be requested from the IRU or your professional association. If guarded parking spaces are not available, you must ensure the security of the goods accepted in another suitable form. 18. Absolute customer protection is agreed and is part of this transport order. In the event of a breach of the customer protection clause, your claims against the client also from previous transactions expire and you undertake to pay a flat-rate contractual penalty of € 15,000. Unauthorized contacting of the loading and unloading point also constitutes a violation of customer protection. The client reserves the right to claim further damage. 19. Place of jurisdiction A-6370 Kitzbühel is expressly agreed for both parties. GBA Austria Speditions GmbH • Mauthfeld 13 • 6380 St. Johann in Tirol • Austria UID: ATU 69050527 • Innsbruck Commercial Court Commercial Register FN422627k • Tel .: +43 (5352) 65094 • Fax +43 (5352) 65094 400 GBA Austria Speditions Mauthfeld 13 6380 St. Johann in Tirol AUSTRIA / EUROPE Tel: 0043 5352 65094 0 Fax: 0043 5352 65094 0 office@gba-austria.com Imprint | AGB | Downloads | jnetworks.at