General Terms and Conditions of Business and Transportation
(Updated 1-1-2001)
1. The GNN Group, hereinafter referred to as GNN, also includes all its contracting companies, partners, subsidiaries, and appointed agents.
2. The goods described herein are accepted for shipment by GNN as is, in proper condition (if no indication otherwise). The client agrees to the terms and conditions of this agreement, as well as to the agreements and conditions as set forth in the most recent General Terms and Conditions of Business and Transportation. Each of them shall be considered as part and condition of any agreement between GNN and the client, whether written or verbal. No agent, employee, or representative of GNN has the authority to alter, modify, or delete any provision of these Terms. The right to modifications is reserved only by the executive management of GNN. Should any provision of this contract be invalid, this shall not affect the validity of the remaining provisions.
3. GNN only transports goods that are the property of the client. The client avouches to accept these conditions not only on their behalf, but also as an agent for or on behalf of other persons who have an existing or potential later interest in these goods. By doing so, the client agrees to indemnify GNN for any damages, costs, and expenses incurred as a result of a breach of this guarantee.
4. GNN is not liable for loss, wrong recipient, or non-delivery if not caused by gross negligence or intent, nor for loss, damage, wrong recipient, or non-delivery caused by:
4a. The act, fault, or failure of the client, recipient, or any party involved in the transportation.
4b. The type of the transport or any damage resulting therefrom
4c. Force majeure, hazards of the air, authorities actually or allegedly acting in the name of the law, failures of customs and quarantine officials, riots, strikes, civil disturbances, risks resulting from states of war, or delays of an aircraft or other means of transport for the transportation of goods.
4d. Failure by a carrier or person to whom goods have been entrusted to GNN for transportation, the goods not being transported by GNN itself, whether or not the client has requested or had knowledge of such entrustment to third parties.
4e. Consequential or other indirect loss, however arising, whether or not GNN knew or should have known that such loss might occur, including loss of profits, loss of income, loss of interest, or other loss.
4f. The proof of gross negligence or intent shall be incumbent on the client
5. While GNN will make every effort to meet prompt delivery in accordance with regular delivery schedules, GNN shall not be liable under any circumstances for any delay in assuming, transporting, or delivering the goods, regardless of the cause of such delay.
6. Due to the nature of the service, GNN is liable for courier goods only for the actual value or up to €255.00, whichever is lower. If a liability limit of more than €255.00 is required, the client must notify GNN in writing in advance so that GNN can take the necessary steps, as stipulated in number 7, for such cases.
7. Upon written request of the client and upon payment of an additional fee, GNN will make insurance arrangements on behalf of the client for an amount not to exceed €72,500.00 for any individual case. The coverage of the insurance depends on the terms and conditions of the insurer. GNN is in no way liable for said coverage or for the insurer. Consequential damages and loss or damage due to delays in transportation are not covered by such an insurance policy.
8. GNN is entitled (but not obligated) to submit duties, taxes, or fees. The client, owner, and recipient shall be jointly and individually liable for reimbursement of costs incurred. GNN is not obligated to present expenses or to make advance payments in connection with the transported goods; this also applies to the delivery and return of the goods, except in the case of reimbursement of costs by the client. If at any location it should be necessary to have the goods cleared through customs, the recipient is liable for the customs expenses. The client guarantees the payment of all costs incurred.
9. GNN has a lien on the goods for all freight and customs charges, advance payments, or costs of any kind that may arise from the contract or transportation and may refuse to release the goods until such costs are reimbursed.
10. Damage, incompleteness, shortages, or non-delivery shall be reported in writing to GNN or its agent immediately after transfer of the goods to the person authorized to deliver the goods. All claims shall be received by GNN within 45 days after issuance of the bill of lading. Regardless of the foregoing, no claim for damage, incompleteness, or non-delivery can be considered until all transportation expenses are paid.
11. GNN does not accept hazardous, flammable, or explosive materials; precious materials in any form; tradable securities; monetary shipments; invalidated postage and customs stamps; banking checks; antiques; live animals or plants; or perishable goods. In the event that a client should offer such goods to GNN, the client shall indemnify GNN for all claims, damages, and costs incurred thereby. GNN has the right to handle such goods at its discretion, including to stop such shipments immediately if it becomes known that such goods have been accepted. In the case of international transports, there is also an exclusion for those goods that are excluded from air transport according to the regulations of the International Air Transport Association (IATA) or the International Civil Aviation Organization (ICAO).
12. Except where expressly stated elsewhere in this agreement, the goods may only be delivered to the recipient to whom they are addressed. GNN is not responsible for obtainment of or delay in receipt of an acknowledgement of receipt.
13. GNN does not assume any obligation that the goods are packed in such a way that the contents are protected, nor that safe transport is ensured with ordinary handling, nor that each piece is sufficiently marked and in a suitable condition for transport. All goods may be opened and examined if GNN deems it necessary.
14. The client shall agree to comply with all applicable laws, customs regulations, and other official requirements of any country from, to, through, or over which the goods may be transported, including those related to the packing, transportation, or delivery of the goods. The client shall provide the information and documents that may be required by these laws and regulations or shall mark (_) “Customs documents” on the bill of lading. GNN shall not be liable to the client or any other person for any loss or expense incurred as a result of the client’s failure to comply with these provisions.
15. The client agrees that GNN considers the air waybill to be an instruction from the client. This grants GNN the authority to act as the client’s agent for export controls and customs clearances. In case of impossibility to act as agent of the client, GNN does not assume any liability.
16. For shipments that GNN transports overnight by road as a courier trip, the following additional provisions apply (the aforementioned provisions also apply here insofar as they are transferable, particularly for shipments that can be transported overnight by road):
16a. The basis of each transport service is the General Austrian Forwarders’ Terms and Conditions (AĂ–Sp), in the respective applicable version. In the case of international transportation by motor vehicles, the provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR) shall apply; in the case of international transportation by air, those of the Convention for the Unification of Certain Rules Relating to International Carriage by Air (Warsaw Convention); and in the case of transportation by rail, those of the Uniform Rules concerning the Contract for International Carriage of Goods by Rail (CIM). In addition, these Terms and Conditions shall apply insofar as the General Austrian Forwarders’ Terms and Conditions (AĂ–Sp) in the respective applicable version, CMR, Warsaw Convention, and CIM permit deviating provisions.
17. If, in individual cases, a payment agreement has been made that deviates from payment on acceptance, the claims from the transport service and other ancillary services are to be paid no later than ten days after the invoice date, but no earlier than 5 days after receipt of the invoice. From this date, a commercial interest rate at maturity of 5% per year will be charged. In the event of default, default interest shall be charged at a rate of 3% per year above the applicable discount rate, but at least 0.75% per month for each month open. We reserve the right to claim higher damages for delay.
18. In order to guarantee provision of the transport services, GNN reserves the right to store and process personal data arising in connection with the transport and to transmit it to other partner companies of GNN, including transnationally. In particular, data processing may also be carried out with regard to further services and offers that we provide. To the extent necessary, we are also entitled to forward data to government agencies, in particular to customs offices. The sender agrees to data collection and processing as well as to transmission in accordance with the above conditions.
19. All claims against our courier drivers, us, or other vicarious agents, irrespective of the legal grounds, shall become statute-barred after six months. The limitation period shall commence when the claim for transportation charges becomes due, at the latest upon delivery of the goods. In the event of undeliverability, the limitation period shall commence on the day on which service should have been effected.
20. These Terms and Conditions and any interpretations and disputes that may arise hereunder shall be governed in accordance with and exclusively within the jurisdiction of the respective laws and courts of the Republic of Austria.
21. Contrary terms and conditions of the sender shall only apply if they are confirmed in writing by GNN.
22. GNN is not a general freight forwarder. GNN only transports goods in accordance with these terms and conditions.
23. The place of jurisdiction and performance for all claims and legal disputes arising from the contractual relationship, including bill of exchange and documentary proceedings, shall be Graz, Austria.