General terms and conditions
For the transport of letters and letters-like consignments
1. These terms and conditions, "Terms and Conditions" below, apply to contracts of the client with GMN General Mail Net GmbH, following "contractor," concerning the transport of letters and securitis-like shipments, following "shipments." The scope also includes particularly agreed additional and ancillary services.
2. In the event that – in the following ranking – is determined by mandatory legal regulations, written agreements and these terms and conditions nothing else, the provisions of § § 407 ff will be found. HGB via the freight contract application.
3. The contractor's terms and conditions claim exclusively. Ancillary agreements and amendments require written confirmation from the contractor. The client's terms and conditions to the contrary only apply if the contractor confirms them in writing before the start of the contract.
Justification of the contractual relationship/contractual party/exclusion
1. The contract of carriage with the contractor is concluded by concluding a framework agreement with the contractor or by handing over the consignments or their takeover by the contractor into their care (collection). The right to refuse the conclusion of the contract remains unaffected.
If a shipment does not comply with these terms and conditions in terms of its nature, in particular its size, format and weight, or otherwise
(a) refuse to accept the shipment;
(b) Return or remit an already delivered or taken over shipment for collection;
(c) to transport them without further notification from the client.
2. The same applies if, if there are suspicions of an excluded shipment according to II Ziff. 3. These terms and conditions or other contractual violations of the client are denied details at the request of the contractor.
3. A contractual relationship with the contractor does not materialise if the shipment is excluded from carriage in accordance with these terms and conditions. Excluded shipments are
(a) shipments whose content, exterior design, transport or storage violate a legal or official prohibition, are subject to procedural regulations that are other dangerous goods within the meaning of § 410 HGB or special entities; Require safety regulations or permits;
(b) shipments whose nature and/or content are likely to cause injury to the body and/or the health of persons and/or property damage;
(c) shipments containing human body parts or mortal remains of humans, live or dead animals or parts thereof, including furs, light perishable goods, medical or animal examination material or. Waste included;
(D) shipments containing money, cheques, cheque cards, credit cards or other means of payment, securities, works of art, antiques or official identity documents, precious metals, jewellery, watches, gems and/or unique items, unless Separate agreement was reached;
(e) firearms under the German Arms Act, and in the case of foreign shipments also in accordance with the legal provisions of the shipping, transit or destination country;
(F) goods for foreign shipments are prohibited under the guidelines of the respective shipping, transit or destination countries or require special permits;
(g) other goods valued at more than €500.00 per consignments;
(h) shipments equivalent to the aforementioned.
The acceptance of consignments containing excluded goods shall not qualify as acceptance of the offer on the conclusion of a contract of carriage by the contractor.
4th. The contractor is under no obligation to verify the content of the shipments. The client cannot derive any rights vis-à-vis the contractor from the unauthorised takeover and carriage of excluded shipments by the contractor, in particular the acquisition of excluded shipments does not render the Rights under § 410 of the German Civil Code (HGB).
Even then, the client cannot have any rights with respect to the conclusion of the contract, treatment, paid remuneration, liability, etc. Derive from the unsolicited handover/transfer and promotion of his shipment, if he provides it with a registration plate indicating the nature of the shipment or which he has otherwise referred to it.
Capable of services Contractor
1. The contractor transports the consignment of the client using the respective country postal companies (abroad) or Private letter services in Germany to the destination and deliver them to the addressee, provided that nothing further has been agreed with the client. All shipments are delivered without proof of delivery.
2. Liability for non-deliverability or delay of delivery due to incorrect addressing is excluded.
3. The delivery of the shipment takes place, provided that the client has not agreed otherwise with the contractor or if the customer has not agreed otherwise. No other agreements have been made with the recipient, under the address attached to the broadcast by insertion into a receiving device intended for the recipient and sufficiently receptive to the recipient.
Delivery may also be made to a substitute recipient, in particular to a spouse or person who is authorized in writing to the contractor to receive the shipment. Replacement recipients are also nationals of the recipient, owner or landlord of the rooms specified in the address, as well as other persons present in the recipient's premises, who, according to the circumstances, may be assumed to be in order to accept the shipment. Are justified.
4th. In the event that a shipment cannot be delivered, it will be returned to the client. Shipments are not deliverable if no recipient is found, acceptance is denied or the recipient cannot be identified. Conclusions of acceptance are also considered to prevent delivery via an existing receiving device (e.g. B. glue). Shipments whose recipient is a legal entity, authority, community accommodation or other company are deemed not to be available if the contractor is not entitled to receive a person.
5. If neither the client nor the recipient is visible on the shipment, the client already gives his consent that the contractor opens the shipment in order to obtain a return transport.
Rights and obligations of the client
1. Instructions by the client to proceed with the shipment in a special manner are only binding on the contractor if they are before or before or before. Agreed at the conclusion of the contract. The client is not entitled to comply with instructions given by the contractor after the transfer/takeover of the shipment.
2. After the transfer/transfer of the shipment into the custody of the contractor, a termination by the client is excluded.
3. It is the responsibility of the client to choose the performance of the contractor with the liability or insurance, which covers his possible damage in the event of (partial) loss, damage or otherwise improper performance of the contractor.
4th. The client must mark the shipment sufficiently, whereby the outer packaging must not allow any conclusions to be drawn as to the value of the shipment. He must package the shipment in such a way that it is protected from loss and damage and the contractor does not suffer any damage.
1. The client undertakes to pay the agreed fee for each service of the contractor. In the absence of an explicit agreement, the fee is owed, which results from the relevant price list of the contractor than intended.
2. The contractor's performance will be charged to the client immediately after the service has been provided. There is no need to arrange the show to work.
3. The transport fee is due for payment immediately and without deduction after invoicing by the contractor. If the transport fee exceeds the amount of € 3,000.00, at least 80% of the transport fee must be reimbursed in advance.
4th. The client is in default of payment if he does not make it within 7 days of invoicing.
1. The contractor is liable for damages resulting from an act or omission which intentionally or recklessly affects her, one of her people or any other vicarious agent and in the knowledge that damage is likely to occur , regardless of subsequent limitations on liability. The contractor is also liable indefinitely for damage caused to life, body or health resulting from a negligent breach of duty on the part of the contractor or a deliberate or negligent breach of duty on the part of her Legal representatives or agents.
2. Liability per delivery is limited to the simple amount of the carrier fee, unless there are mandatory legal regulations.
This also applies to claims arising from minor liability infringements and to all non-contractual claims.
4th. Overall, the contractor's liability is limited to the compensation of the typical, foreseeable, immediate damage. Liability for indirect or consequential damages, lost profit and other property losses is excluded.
5. If the client or recipient does not display (partial) loss or damage in writing within seven days of delivery, it is assumed that the goods have been delivered in a contractual state. The assertion of claims for exceeding the delivery period is excluded if the client or recipient has not indicated this within 21 days of delivery or return to the customer. A consignment is deemed lost if it is not delivered to the recipient within 20 days of the handover/takeover and its whereabouts cannot be determined.
6. The liability of the client, in particular under § 414 of the German Civil Code (HGB), remains unaffected. The client is particularly liable for the damage caused by the contractor from sending excluded consignments in accordance with II digit. 3. These Terms and Conditions or from the violation of his duties or obligations. Oblifications in accordance with IV of these Terms and Conditions arise. The client exempts the contractor from any claims made by third parties.
All claims within the scope of these Terms and Conditions expire within one year. Claims under Clause III No. 1 of these Terms and Conditions and in accordance with § 435 HGB iVm § 414 (). 1 p. 2 HGB expire in three years. The statute of limitations begins at the expiry of the day the shipment was delivered or should have been delivered.
1. Claims under this contract, including liability, can only be asserted by the client. In exceptional cases, the recipient is also entitled to assert the claims in accordance with § 421 of the German Commercial Code on his own behalf, insofar as he fulfils the contractual obligations, in particular the obligation to pay the fee. In this case, the rights and obligations of the client remain unaffected.
2. The client cannot cede or pledge claims against the contractor. An offsetting against the customer's receivables is only permissible in the event of a legally established claim by the client.
3. Exclusive jurisdiction for litigation with merchants, legal entities under public law or public-law special assets arising from contracts subject to these Terms and Conditions is the sole seat of the contractor.
4th. All employees of the contractor are obliged to comply with the obligations under the Federal Data Protection Act in writing and are held criminally responsible in the event of a violation of the postal secrecy.
5. Should individual provisions of this contract become invalid or unworkable in whole or in part, this shall not affect the effectiveness of the contract. The invalid or unworkable contractual provision is replaced by such an effective or workable provision which comes closest to the economically intended purpose. The same applies in the event of a loophole within this contract.
6. This contract is subject to the law of the Federal Republic of Germany.