Special terms and conditions of business (ST&Cs) of General Overnight Express & Logistics (Austria) GmbH, August 2017

I. Scope of application

  1. These special terms and conditions of business (hereinafter called "ST&Cs") shall apply to all activities of General Overnight Express & Logistics (Austria) GmbH (hereinafter called "GO!"), particularly to the carriage of courier, express and postal consignments ("consignments") by way of a logistics system ("GO! System"), whether this is carried out by GO! itself or by third parties contracted by GO! ("carriage"). 
  2. Except where otherwise stipulated in these ST&Cs, all activities of GO! shall be governed by the provisions of the Unternehmensgesetzbuch (UGB) [Austrian Commercial Code] and by the Allgemeine Österreichische Spediteurbedingungen (AÖSp) [General Austrian Forwarding Terms and Conditions], as applicable at the respective time. On a subsidiary basis, the provisions of the CMR [Convention on the Contract for the International Carriage of Goods by Road] shall apply in the case of international carriage by motor vehicle, the CIM [Convention Concerning International Carriage by Rail] shall apply in the case of international carriage by rail, and the Convention for the Unification of Certain Rules for International Carriage by Air (Montreal Convention) shall apply in the case of international carriage by air.
  3. These ST&Cs shall always apply as an integral part of every carriage of a consignment. The ordering party hereby acknowledges that GO! operates exclusively on the basis of these ST&Cs. GO! shall not accept any terms or conditions of the ordering party that deviate herefrom. Such deviating terms and conditions shall not become part of the contract, unless GO! has expressly consented thereto by written acknowledgement. 
  4. All consignments where the consignor, consignee or third parties are to be incorporated into the provision of services by GO!, and such consignor, consignee or third parties are named in sanction and/or boycott lists under the applicable EC anti-terror regulations or other sanction lists, shall be subject in principle to an exclusion from transportation, which must be observed.

 

II. Scope of services

  1. Carriage by GO! shall include the collection, transportation and delivery of consignments.
  2. The route to the consignee that is appropriate for the type of service ordered shall be taken. Depending upon the type of service ordered, delivery shall, in principle, be made within the validity periods specified in the respective valid price lists.
  3. In principle, any validity periods specified shall be non-binding, unless otherwise expressly agreed upon in writing by individual contract.

 

III. Exclusion from carriage

  1. Supplementary to the exclusions from carriage under AÖSp Section 5, the following shall, in principle, be excluded from carriage:
    (a) services subject to a licence under the Postmarktgesetz [Postal Market Act] Section 26;
    (b) in the case of international carriage of consignments, consignments excluded from air transportation under the regulations of the International Air Transport Association (IATA) or the regulations of the International Civil Aviation Organisation (ICAO);
    (c) all types of animal, except where otherwise provided for under GO!'s special terms and conditions of business in respect of consignments of animals;
    (d) consignments of particular value ("Consignments of Valuables"), except where otherwise agreed upon by individual contract under Item 3.2. In particular, a consignment of a valuable is defined as (i) a consignment that has a value of more than € 50,000.00, or (ii) a consignment that has a value below € 50,000.00, but is of extraordinary significance for other reasons, e.g. works of art, antiques, gemstones, stamps, unique specimens, gold, silver or other jewellery, cash or securities (particularly cheques, bills of exchange, savings deposit books, shares or other collateral); or
    (e) except where otherwise agreed upon by individual contract under Item III.4., consignments containing dangerous goods within the meaning of the ADR [European Agreement Concerning the International Carriage of Dangerous Goods by Road].
  2. Carriage of consignments of valuables may occur if the ordering party has ordered this, expressly specifying in writing the true value of the item to be transported, and if the ordering party has entered into a separate written agreement with GO! in this connection. Section 56 of the AÖSp shall apply analogously to all consignments of Valuables. Therefore, GO! shall not be liable for the true value of a consignment if GO! has not been notified of this value by the ordering party. Regardless of whether or not GO! has been informed of such true value, the provisions on liability under Section V. shall remain unaffected by this Item III.2.
  3. In the case of carriage of a consignment of valuables under Item III.2., additional transportation insurance or valuables insurance shall be taken out. The ordering party shall be entitled to any insurance payout thereunder.
  4. Any transportation of dangerous goods under Item III.1.(e) shall require express, prior, individual agreement between the ordering party and GO!. In the course of making such agreement, the ordering party shall communicate the precise nature of the dangerous item, any impending danger and, where applicable, any precautionary measures to be taken. The ordering party shall be solely responsible that the statutory provisions relevant to such a dangerous item are complied with when handing over the dangerous item to GO!, particularly in cases where this obligation rests with GO! according to the statutory provisions. Contrary to Item II.3., the possibility of agreeing upon binding validity periods for dangerous goods is, in principle, hereby excluded. 

 

IV. Terms and conditions of carriage / mutual obligations 

  1. The ordering party's duties shall be governed by the statutory provisions and by the provisions of the AÖSp. In particular, the ordering party shall be responsible for securely packaging the consignment and for providing the accompanying documentation necessary for the consignment.
  2. In particular, GO! shall not be obliged to check the content of a consignment prior to taking receipt thereof. This shall apply also to goods under Section III. that are excluded under these terms and conditions.
  3. Prior to the carriage of a consignment by GO!, the weight of the consignment shall be determined by means of calibrated scales. Data provided by the ordering party relating to the weight of a consignment shall not be decisive. In particular, deviations from such data compared to GO! measurements shall be irrelevant.
  4. GO! shall be authorised to open consignments for the purpose of checking the address or properly performing the contract, and, in particular, also to ensure that no goods subject to the exclusion from carriage under Section III. are present.
  5. If a consignment excluded from carriage is present, GO! shall be free to return this consignment to the ordering party. In such case, the ordering party shall also bear the cost of return transportation.
  6. Insofar as a binding delivery period has been agreed upon, this delivery period shall begin when GO! takes possession of the consignment. In cases where it is temporarily impossible to deliver, the delivery period shall be extended by at least one day each time. In cases where it is permanently impossible to deliver, Item IV.9. shall apply.
  7. Delivery of consignments to the consignee shall be made against a signature by the consignee or any other person residing at the delivery address, or named by the ordering party, provided that it can be assumed in the overall circumstances that such person is entitled to take receipt. If a business address has been specified as the delivery address, delivery shall be made during customary business hours.
  8. Consignments may also be posted through letter-boxes, insofar as this has been separately agreed upon between the ordering party and GO!. Such consignments shall be deemed delivered once posted into the letter-box. GO!'s liability for such consignment shall end once the consignment has been posted into the letter-box of the intended consignee.
  9. Consignments that the consignee refuses to take delivery of, or that cannot be delivered for other reasons imputable to the ordering party or the consignee, shall be returned by GO! to the ordering party at the ordering party's expense as per the current price list. The method of returning such consignment shall be the same as that requested by the ordering party for the carriage of this consignment.

 

V. Fees, costs and liability

  1. The fee for the carriage of consignments shall, in accordance with Item IV.3., be determined exclusively on the basis of the weight determined by GO!.
  2. Except where otherwise agreed upon in writing between GO! and the ordering party, the fee for the carriage of a consignment shall, in conformity with AÖSp Section 29, be paid by the ordering party by cash on delivery (due date). Default in payment shall commence no later than at the end of a five-day period following the due date, without any further reminder having to be sent or any other prerequisite having to be met. In the event of default in payment, GO! shall impose default interest at the customary banking rate, however at least at the rate of 0.75% per month commenced. The right to assert a higher claim for damages caused by default shall remain reserved.
  3. Insofar as special rules on liability are absent in these ST&Cs, GO!'s liability shall be governed by AÖSp Sections 51 et seq. and, on a subsidiary basis, by the provisions of the UGB. Any liability beyond this, particularly liability for lost profit, is hereby excluded, insofar as this is legally permissible: the same applies for cases of slight/ordinary negligence. This exclusion shall not apply to personal injury.
  4. For cases of (i) loss of or (ii) damage to a consignment, GO! shall be liable for each consignment as follows:
    - In the case of overnight consignments, same-day deliveries and other consignments, except for direct transportations, GO!'s liability shall be limited to (i) 8.33 special drawing rights per kilogram of gross weight of the consignment, or (ii) € 2,500.00 per consignment, whichever amount is higher.
    - In the case of national direct transportations, GO!'s liability shall be limited to (i) 8.33 special drawing rights per kilogram of gross weight of the Consignment, or (ii) a maximum of € 50,000.00 per Consignment, whichever amount of liability is higher.
  5. In the case of national carriage, liability for failure to meet a delivery period that has been expressly agreed upon (Item II.3.) shall be limited to simply one times the amount of the fee for carriage of the respective consignment.
  6. If, on account of a breach of a contractual duty relating to the carriage of a consignment, GO! is liable for loss that has not arisen from loss of, or damage to, a consignment, or from failure to meet an agreed delivery period, liability shall be limited to one times the amount that would have to be paid, had the consignment been lost. Property damage and personal injury are excluded herefrom.
  7. In the case of international carriage of consignments, the provisions of the international conventions under Item I.2. shall apply.
  8. Additional provisions concerning customs clearance: the cost of customs clearance in respect of consignments under AÖSp Section 25 b shall be determined on the basis of the surcharges contained in the current GO! price lists. Otherwise, the provisions of the UGB and the AÖSp shall apply in connection with customs clearance.

 

VI. Other provisions

  1. Data protection: GO! shall be entitled to collect, store and process data logged in connection with the services offered, also on a cross-border basis, and to pass on such data to partners of GO!, insofar as and as long as this is necessary for rendering the services. Such data processing may be carried out with regard to further services and offerings from GO!. The ordering party hereby agrees to such data logging and processing, and to the transmission of such data, particularly to government agencies or customs authorities.
  2. Place of jurisdiction: The place of jurisdiction shall be determined on the basis of AÖSp Section 65.
  3. Choice of law: Substantive Austrian law, excluding the conflict of laws standards under international private law, shall be deemed agreed upon for all contracts with GO!.
  4. Information in accordance with the Austrian federal act on alternative dispute-resolution in consumer affairs (Alternative-Streitbeilegung-Gesetz - AStG):
    GO! does not participate in dispute-resolution proceedings before alternative dispute-resolution bodies.

As of: August 2017

 

GENERAL TERMS AND CONDITIONS OF BUSINESS GO! EXPRESS & LOGISTICS (DEUTSCHLAND) GMBH

Issued: January 2019

I.   Application range, general

  1. The following general terms and conditions of business shall apply to GO! Express & Logistics (Deutschland) 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) regulates air transit. In addition to our general terms and conditions, the special terms “Tier-AGB” (i.e. “live animal T&C”) are understood as agreed with regard to the transport of live animals. You will find the special terms along with our general terms and conditions on our website general-overnight.com.
  3. Any contrary terms of the client will only be applicable where written confirmation should be supplied by GO! prior to the start of the contract term.
  4. All consignments where the consignor, consignee or third parties are to be incorporated into the provision of services by GO!, and such consignor, consignee or third parties are named in sanction and/or boycott lists under the applicable EC anti-terror regulations or other sanction lists, shall be subject in principle to an exclusion from transportation, which must be observed.

II. Services and price

  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 principally 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 adherence to a specific time limit is only given where this should be expressly specified in writing in a separate contract. Dispatch to islands not connected to the mainland and to islands without a direct road link is 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 of perishable comestibles
    -Consignments of animals, see separate regulations in terms and conditions for transport of animals.
    -Consignments that are subject to a special hazard and risk assessment, in particular weapons, ammunition, objects of evidence, narcotics or consignments that are subject to species protection, articles endangering minors or similar.
    -Consignments that require special handling with regard to specific external conditions and factors
    -Consignments that require special licensing or authorisation
    -Non-hazardous and hazardous waste within the meaning of the German Recycling Law for domestic and international shipping
    -Consignments that are likely to cause injury or damage to persons or property, in particular, but not limited to, live or dead animals, contaminated medical or biological test materials, medical waste, human or animal remains, body parts or organs
    -Any goods that are sensitive to radiation and which, as a result of fluoroscopy, in particular X-rays, are at risk of damage during security checks
    -Consignments of exceptional value. Exceptional value is particularly – but not exclusively – items with a value exceeding € 50,000, as well as items of exceptional significance (for example works of art, antiques, precious stones, stamps, unicums, urns, gold, silver or other jewellery, money or negotiable securities [particularly cheques, bonds, savings books, shares or other securities]), even if the item should be valued below € 50,000.
    -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.
    However, if a consignment contains both goods subject to shipping exclusion and goods not subject to shipping exclusion, this consignment shall be subject to shipping exclusion as a whole.
  3. If a client should request the transport of perishable comestibles, these items may be conveyed subject to individual contractual provisions if the clients respects the following:
    -Commercial dealing or agricultural enterprise;
    -Explicit declaration and indication of commercial dealing on the outer packaging;
    -Delivery only of non-perishable comestibles that do not contravene any law and which will last up to 48 hours from the time of collection to delivery;
    -Guarantee that the packaging is subject both to safe delivery and food safety and hygiene regulations;
    -Guarantee of a necessary ambient temperature for the conveyed goods for a minimum of 48 hours from collection to delivery in due consideration of an outside temperature range of -20 to +40 degrees Centigrade;
    -Delivery of the comestibles to be transported to GO! from Monday to Thursday before 7 p.m. latest, or on Fridays if the comestibles can be delivered on a Saturday. Good must not be handed over to GO! before a public holiday;
    -Expressly ensuring the delivery of the consignment. If alcohol is to be transported, the client must be able to guarantee that an adult person will accept it.
    GO! cannot be held liable for any damage or subsequent damage resulting from the perishability of the goods to be conveyed.
  4. If a client should request the transport of items of exceptional value, these items may be conveyed if the client additionally provides express, written specifics pertaining to the correct value of the item to be conveyed, and a separate contractual agreement is made. In these cases an additional transport or insurance of specie in transit is to be acquired. The client is entitled to any insurance benefits arising from the insurance taken out. The restriction of liability in clause IV remains hereby unaffected.
  5. The transporting 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 form of danger and – where necessary – any precautionary measures to be taken, in writing, in German and with adequate prior notice. If the shipped goods contain dry ice or liquid nitrogen or other substances that constitute or are likely to pose a fundamental hazard, then this must be indicated in writing, then this must be indicated in writing by the sender when the shipment is commissioned. 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.
  6. In the event that the client wishes to transport other goods subject to shipping exclusion in accordance with II.2, express individual contractual agreement is required insofar as transport is permitted by law.
  7. The client shall ensure transit secure packaging of a consignment. Damage arising from non-transport secure packaging is the liability of the client. The packaging material and outer packaging of the consignment should be chosen by the client in such a way as to ensure that no damage can occur to other consignments being delivered by GO!
  8. GO! is not obliged to check whether there is a shipping exclusion. The sender is obliged to check this prior to handover of the consignment and inform GO! whether the goods in question are subject to a shipping exclusion. In case of doubt, the sender must inform GO! of this and obtain a decision from GO! on the matter. If the sender fails to inform GO!, this shall be deemed a declaration that the consignment does not contain any excluded goods. Acceptance of excluded goods does not constitute a waiver of the shipping exclusion. GO! reserves the right to refuse, detain, cancel, postpone or return a consignment at any time at the client's expense if, in the opinion of GO!, the consignment may cause damage or delay to other consignments, goods or persons. This also applies in the case that transport of the consignment is prohibited by law or would violate the provisions of these terms and conditions. Acceptance of a consignment by GO! does not mean that the consignment complies with applicable laws, regulations or these terms and conditions. Furthermore, GO! expressly reserves the right to dispose of consignments that are subject to shipping exclusion in accordance with the regulations at the client's expense.
  9. 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 acceptance of the assignment, at the latest on the handing over of the consignment by or on behalf of the sender; the dispatch follows as soon as the infrastructure and the schedule of the individual courier allows.
  2. If delivery terms 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, for reasons concerning the correct execution of the contractual assignment or in accordance with official orders.
  4. Packets may also be placed in letterboxes, where has been agreed. These packets are considered delivered when placed into the letterbox. Our liability ends with the placement of the packet into the letterbox of the designated recipient.
  5. Packets, the receipt of which is rejected by the intended recipient, or which cannot be delivered for other reasons for which GO! is not responsible, will be returned to the sender using the same type of service requested for the original transport at the sender’s expense in accordance with the current GO! price list, unless agreed to the contrary.
  6. Deliveries will be made to the recipient in exchange for a signature. A delivery can only be made to the recipient’s spouse or other family members, other people also present at the recipient’s address or the recipient’s neighbours if it can be assumed under the circumstances that they are authorised to accept the delivery and if the carrier immediately informs the recipient about the shipments and the person who accepted them on the recipient’s behalf (name and address of the building resident or neighbour) by placing a delivery notice in the recipient’s mail receptacle (letter box, etc.). Delivery to other building residents or neighbours is not possible if the client issued directions against it. If a business address is given as the receiving address, the delivery will be made during conventional office hours.

IV. Liability

1.   National conveyance of items

GO! carries statutory liability as stipulated by section 432 ff HGB for the loss or damage of items.

Independent of the above named restrictions of liability in subsection, the liability of GO! in cases of damage or loss shall be 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 kilogram of the gross weight of the shipment or  € 2,500 per item, dependant on which liable amount is greater.

For national direct service at 8.33 special drawing rights per kilogram of the gross weight of the shipment or up to the maximum of € 50,000 per item, whichever
consists the greater liable amount.

The liability for exceeding an expressly agreed delivery term for a 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 will also in this case be restricted to three times the amount which would be paid on the loss of the item, as described in section 422 HGB.

GO! is excluded 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 have averted. This shall particularly apply if damage is caused through instructions from the client or his vicarious agents, also if the source of damage is one, which GO! could not influence, such as force majeure, nature of the item, rioting, strike, electrical or magnetic damage to or the deletion of electrical or photographic pictures, data or recordings.

The statutory ruling in section 427 HGB provides other extraordinary reasons excluding liability.

2.   International transport of items

For international transport the stipulations of international agreements will apply (I.2).

3.   The Consignor's Obligations

With due regard being given to the type, value and qualities of the consignment for which the consignor has placed a freight transport order, to the possibility of high consequential loss and to liability risks and insurance cover, the consignor shall choose the support service offered by GO! or its affiliates in such a way that the remaining risks associated with the operation of an express and logistics service system, and that could give rise to loss in the event of misplacement, damage or any other improper performance of the services, are covered. Consignments that are particularly time-critical, important and/or valuable, and that meet the aforementioned criteria, shall be given notice of beforehand in writing, so that special security and control measures can be taken, with due regard being given to the risks to be specified by the consignor.

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 confiscation 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 customs agent to clear the goods. GO! is appointed as nominal recipient for the pur-pose of assigning a customs broker for performing the custom formalities. Prices for customs clearance are the listed tariff supplements as per the applicable GO! price list.
  3. Duties, storage costs and other costs, arising through handling by customs officials or from the non-submittal of required documentation, licenses or permits by the client or the recipient will also be invoiced to the recipient as increased customs fees and taxes, where he should assert his right for delivery of the item. If the recipient does not immediately fulfil his payment obligations the client becomes liable for these payments.

VI. Data protection

All personal data arising in the context of the order execution by GO! will be processed and used in accordance with the applicable regulations for the protection of personal data exclusively for the purposes of execution of the contract and to safeguard our own legitimate business interests with regard to advising and assisting our customers. Personal data will not shared with, sold or transmitted in any other way to third parties, unless this is necessary for the purpose of the contract or if the client has given their explicit consent. The client can revoke consent granted for the collection, processing and use of their personal data at any time with future effect. The data will then no longer be processed and will be deleted insofar as this is legally permissible. Upon request, GO! will provide information as to whether and what personal data it stores in accordance with the applicable laws.

VII. Legal venue

If the contracting party is a merchant then the court of jurisdiction is the city of the registered office of the commissioned station of GO! with which the transport contract was concluded.

VIII. Information in accordance with the German consumer dispute-resolution act (VSBG)

GO! does not participate in dispute-resolution proceedings before consumer arbitration bodies.