GO! General Overnight - Kurierdienst, Paketdienst, Expressdienst

STANDARD TERMS OF BUSINESS OF GO! GENERAL OVERNIGHT SERVICE (GERMANY) GMBH

Status as per: April 2006

I. Application range, general

1. The following general terms and conditions of business shall apply to GO! General Overnight Service (Germany) GmbH and includes their associates and system partners (in the following named GO!). GO! conveys courier, express and postal items by way of a logistic system.
2. Unless regulated to the contrary by the following General terms and conditions of business (AGB), the routing of assignments will be governed by the relevant statutory regulations. International lorry transports are regulated by the Convention on the Contract for the International Carriage of Goods (CMR), international rail transit by the Convention concerning International Carriage by Rail (CIM) . The Unification of Certain Rules for the International Carriage by Air (Montreal Convention) regulate air transit.
3. Any contrary terms of the client will only be applicable where written confirmation should be supplied by GO! prior to the begin of the contract.

II. Services and prices

1. The assigned routing service from GO! includes the collection, transport and delivery of the item. Items are strictly transported using the most efficient transport route in providing the assigned service to the recipient. The dispatch is, depending on service type pricipally delivered within the transit time listed on the currently valid price list. These transit times are purely for informational purposes and are not binding; The obligation to remain within a certain transit time is therefore not beholden. The obligation to the adherrence to a specific time limit is only given where this should be expressly,specified in writing in an individual contract. Dispatch to islands independant to the mainland are strictly excluded from transit time limits.
2. Subject to regulations in II. 3 and 4 the following consignments are strictly excluded from transit: • Consignments, subject to the Deutsche Post AG post monopoly as per section 51 PostG • Consignments containing perishable comestibles • Consignments of exceptional value. Exceptional value is particularly –but not exclusively- describing items with a value exceeding 50.000,- EUR, as well as items of exceptional significance (for example works of art, antiques, precious stones, stamps, unicums, gold, silver or other jewellery, money or negotiable securities [particularly cheques, bonds, savings books, shares or other securities]), also if the value of the item should lie below 50.000,- EUR. • Items containing dangerous goods subject to the rulings of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), and which are classified as dangerous with special identification duty, and could potentially endanger goods, people, animals or means of conveyance. • items for international transport excluded from air transportation according to International Air Transport Association (IATA) or International Civil Aviation Organisation (ICAO) regulations.
3. In cases where the transport of items of exceptional value is requested by a client, these items of exceptional value may be conveyed if the client additionally provides express and written specifics as to the correct value of the item for conveyance, and an seperate contractual agreement is made. In this case an additional transport or insurance of specie in transit is to be acquired. The client is entitled to the insurance benefits arising from the insurance taken out. The restriction of liabilty in clause IV remains hereby unaffected.
4. The transport of dangerous goods requires the prior, express, individual agreement of the relevant GO! station, contrary to the ruling in clause 2. The client is to communicate in advance the exact type of danger and –where necessary – the precautionary measures to be taken, in writing, in German and with adequate notice. The duty of notification is not subject to contrary agreements. The client is responsible for ensuring that when the dangerous goods are transferred to GO! the valid statutory requirements in respect to declaration, packaging, transfer of transport papers, written instructions etc are observed to, even if the onus strictly lies on the person actually surrendering the freight. The transport of dangerous goods is strictly excluded from a fixed transit term.
5. The client shall ensure transit secure packaging of a consignment. Damage arising from non-transport secure packaging are the liability of the client.
6. GO! is not under obligation to control the contents of a consignment on acceptance. Acceptance does not represent a waiver of the statuory rights stipulated in section 410 of the German Commercial Code (HGB). This is alos applicable for goods excluded by these conditions, If a dangerous of excluded consignment returned to the sender, the client is liable for the return transport costs.
7. Payment for transport is to be paid in cash to the courier at the time of dispatch at the latest, unless a contrary agreement prior to the acceptance of the goods to be transported. If payment should not be made on or after acceptance of the consignment, a dunning procedure will commence – unless a differing arrangements have been agreed concerning the demands arising from the consignment service and other supplementary services – without further reminder within fourteen days of acceptance of the consignment or ten days following receipt of the invoice, whichever should be at the latest point in time. GO! imposes interest on defaulted payments at the customary bank amount, at least 0.75% per month or part thereof. The assertion for further damages caused by delay remains hereby unaffected, as does the proof of loss caused by delay has not occurred or to a significantly lesser extent.

III. Acceptance and delivery

1. Acceptance of the assignment coincides with ist acceptance, at teh latest through the handing over of the consignment by or on behalf of the sender; the dispatch as soon as the infrastructure and the schedule of teh individual courier allows.
2. If a delivery term should be agreed expressly and in writing (comp. number II.1), this shall commence with the acceptance of the consignment. If undeliverable, the delivery term is to be extended by one day.
3. GO! is authorised - but not obliged -, to open consignments for purposes of address verification or for reasons for the proper execution of the contractual assignment.
4. Packets may also be placed in letterboxes, when this is agreed. These packets are considered delivered when placed into the letterbox. Our liability concludes with placement into the letterbox of the designated recipient.
5. Packets, the receipt of which is rejected by the intended recipient, or cannot be delivered for other reasons, will be returned to the sender using the same type of service requested for transport at his expense in accordance with the current GO! price list, unless agreed to the contrary.
6. The delivery of packets is against the signature ofthe recipient or other met at the delivery address or named by the sender, and by whom according to the whole situation it can be assumed are authorised to accept the package. If a business address is given as the receiving address, the delivery will be during conventional office hours.

IV. Liability

1. National conveyance of items - For the loss or damage of items GO! carries statutory liability as stipulated by section 432 ff HGB. Independant of the abovenamed restrictions of liability in subsection , the liability of GO! in cases of damage or loss are regulated as follows: Items sent using the overnight service, same day service and other items (excluding direct service) to 8.33 special drawing rights per kilogramme of the gross weight of the shipment or 2,500.- K per item, dependant on which liable amount is greater. For national direct service at 8.33 special drawing rights per kilogramme of the gross weight of the shipment or up to the maximum of 50,000.- K per item, whichever consists the greater liable amount. The liability for exceeding an expressly agreed delivery term for national shipment is restricted to three times the freight cost as stipulated in section 431 III HGB. If GO! in the transport of an item, is liable due to a breach of a contractual obligation for damage, which ensues for reasons other than through loss or damage to the item or through the exceeding of an expressly agreed delivery term, and if it should be damage other than damage to property or personal injury, liability is also in this case restricted to three times teh amount which would be paid on the loss of the item, as stipulated in section 422 HGB GO! is freed from liability – irrespective of on which legal grounds – if and as in so far the damage is caused by circumstances which GO! even when observing professional care could not avoid and the consequences of which GO! could not be averted. This shall particularly apply where damage is caused through the instructions of the client or his vicarious agents, further if the source of damage is one which GO! could not influence, such as force majeur, nature of the item, rioting, strike, electrical or magnetic damage to or the deleting of electrical or photographic pictuers, data or recordings. Otherwise the statutory rulings in section 427 HGB provided extraordinary reasons for the exclusion of liability.
2. International transport of items - For international transport the stipulations of international agreements apply (I.2).

V. Stipulations for customs clearance

1. The client is to provide all necessary documents for customs clearance. With the submittal of the necessary documents the client confirms that all declarations, export and import information are true and correct, The client is aware that the submittal of incorrect and fraudulent declarations may have legal consequences both in civil and criminal law, including confisaction and sale of the goods.
2. With the transfer of the item to the courier, GO! is assigned, in as far as permitted to act as ccustoms agent to clear the goods. GO! is appointed as nominal recipient for the purpose of assigning a customs broker for performing the custom formalities. Prices for customs clear are the tariff suplements as per the applicable GO! price list.
3. Duties, storage costs and other costs, arising through handling by customs officials or arising from the non-submittal of teh required documents, licenses or permits by teh client or the recipient will also be invoiced to teh recipient with increased customs fees and taxes, if he should assert his right for delivery of teh item. If the recipient does not immediately fulfill his payment obligations the client is liable.

VI. Data protection

1. GO! is authorised to collect, store and process all data assimilated in connection with ist services and to forward this data to partners of GO!- also internationally- in as far and so long as this is necessary for teh provision of services. Data may also be processed in respect of further services and offers from GO!. The client declares his agreement to such data collection and processing as well as the forwarding of data, particularly to public agencies or customs.

VII. Legal venue

1. The legal venue is the seat of teh assigned GO! station with which the contract of conveyance is made.

Find the Legal Terms to download here, (July 2003) as pdf-File