The Packator GmbH, Schönhauser Allee 59b in 10437 Berlin, registered in the commercial register of the local court Berlin (Charlottenburg) under HRB 171932 and represented by the managing director Torfin Hertwig, provides the transport of courier, express and postal consignments via a logistics system. The transports themselves are subject to the applicable provisions of German law, unless otherwise specified below.
Terms and conditions of the client deviating from these General Terms and Conditions ("GTC") shall only become part of the contract if Packator GmbH expressly acknowledges them in writing.
With regard to all transport services offered by Packator GmbH, the following applies: In principle, all consignments that are suitable for transport by bicycle, motorcycle, car and other motor vehicles can be transported. The carriage of persons and cash is excluded. In addition, the transport of weapons, drugs or other illegal goods (in particular the delivery of age-restricted goods such as alcohol or tobacco to minors) is excluded. Dangerous goods or goods, products and substances which are classified as dangerous goods in accordance with the legal regulations must be registered as such for transport by the customer. If the client fails to register as dangerous goods for transport, Packator GmbH's general exclusion from the transport of dangerous goods shall apply. Upon request, jewellery, works of art and valuables can also be transported; however, liability is excluded for these transports, with the exception of liability for intentional and grossly negligent breaches of duty.
The object of a transport order is the collection and delivery of the goods to be transported to the consignee or an authorised third party. Unless the Customer expressly requests a personal delivery to the recipient, all consignments may also be handed over to other persons who can be found at the recipient's address. Written delivery receipts, acknowledgements of receipt, etc. shall only be requested from the recipient upon express request. Proof of delivery shall be deemed to be the printout of the reproduction of the signature of the receiving person in digital form as well as, if applicable, the section of the consignment note signed by the receiving person.
It is the customer's responsibility to hand over the goods to be shipped in packaging suitable for transport or storage. Each consignment intended for transport shall be addressed completely and clearly legibly and, if applicable, marked as a consignment to be handled separately.
The acceptance and execution of a transport order takes place as soon as the traffic situation and the planning of the individual vehicles allow. Compliance with certain delivery dates shall only be owed if this is expressly agreed. Force majeure, such as natural catastrophes, weather and weather restrictions, official prohibitions and obstructions, unforeseeable closures, strikes, extraordinary traffic jams or lack of or insufficient documentation when placing the order or additional instructions which influence the transport process, release Packator GmbH from any commitment to delivery dates. If there is no express agreement, the transport charge shall be based on the price recommendations of Packator GmbH valid at the time the contract is concluded. The basis for invoicing is the service commissioned or rendered in each case in accordance with the currently applicable tariffs or separate agreements. The transport fee is due upon placing the order and must be paid cash-free. The billing of the services rendered is carried out by Packator GmbH in the form of an invoice sent by e-mail.
The transport charge is due immediately and without deduction. If the client does not pay even after receipt of a reminder, Packator GmbH may charge a reminder fee of € 5.00 for the second reminder as well as interest on overdue payments at a rate of 5% above the applicable base rate. The assertion of further damage caused by default remains unaffected. In addition, the customer undertakes to reimburse the costs incurred for the collection of the overdue invoice amount through the involvement of a collection agency in the amount of a full lawyer's fee plus a lump sum for expenses in accordance with BRAGO. If the customer has objections to the invoice, these must be made in writing within fourteen (14) days, at the latest, however, after receipt of the first reminder. After expiry of the period, the invoices shall be deemed accepted.
If the Customer cancels the transport order at a time when the delivery process is already in progress (in particular if a courier has accepted the order), the full transport charge is due.
Failed deliveries, caused by errors in the handling by the customer, will be charged at the full rate. In case of long waiting times due to delayed departure at the customer as well as in case of special trips higher costs may occur. All additional costs and services in connection with transport orders will be charged on the basis of the time and expense incurred by the contractor.
The client must provide all documents required for customs clearance. By submitting the required documents, the client confirms that all declarations, export and import information are true and correct. The Customer is aware that incorrect and fraudulent declarations may have civil and criminal consequences, including confiscation and sale of the goods.
When the consignment is handed over to the courier, Packator is commissioned as customs agent with customs clearance, insofar as this is permissible. Packator is used as the nominal consignee for the purpose of commissioning a customs broker to handle customs formalities. For customs clearance, the tariff surcharges in accordance with Packator's current price list apply.
Customs penalties, storage charges and other costs incurred as a result of actions by the customs authorities or failure by the contracting authority or the consignee to produce the necessary export documents, licences or permits shall, where appropriate, be charged to the consignee with customs duties and taxes levied where the latter exercises his right to delivery of the consignment. If the consignee does not meet his payment obligation immediately, the customer shall be liable.
Packator GmbH is only liable for damages, regardless of the legal basis, including unlawful acts, to the extent that they:
are caused by culpable violation of essential contractual obligations (so-called cardinal obligations) by Packator GmbH in a manner endangering the achievement of the purpose of the contract or
are due to gross negligence or intent on the part of Packator GmbH
If Packator GmbH is liable for the violation of an essential contractual obligation without being guilty of gross negligence or intent, the liability of the contractor is limited to the foreseeable damage typical for the contract. As a rule, this is € 1,000.00 (see item 5.3.).
If Packator GmbH is liable according to clause 5.1.2 for gross negligence or intent on the part of employees who are not managing directors of contractors, the liability of Packator GmbH is also limited to the maximum amount stated in clause 5.1.2..
Packator GmbH is not liable for indirect damages, consequential damages, loss of profit or the reimbursement of futile expenses, unless these are due to intent or gross negligence on the part of the managing directors of Packator GmbH.
The exclusion or limitation of claims in accordance with the above paragraphs also applies to claims against employees and agents of Packator GmbH.
Liability of Packator GmbH for damages resulting from injury to life, limb or health or from a warranty given.
If the customer is also responsible for damage, the customer must allow his contributory negligence to be taken into account. Within the scope of his duty to mitigate damages, the customer shall in particular ensure appropriate packaging (see Section 5.4.).
Notification of damage: Recognisable damage and shortfalls must be reported immediately to Packator GmbH in text form when the recipient accepts the goods to be transported. Damages or missing quantities that are not immediately recognisable must be reported to Packator GmbH in text form immediately after their discovery, at the latest however within seven days after acceptance of the goods by the recipient. General reservations such as "not inspected" or "subject to reservation" upon acceptance by the recipient shall not be deemed to be notification of damage or shortfalls. The absence of delivery documents must be claimed in writing from Packator GmbH within three days of delivery. If the deadlines specified in this Section 5.2. are not met, Packator GmbH shall not be liable.
Maximum limits. The Packator GmbH is liable for every transport in case of loss or damage of the transported goods in the time from the acceptance with an indemnity up to an amount of € 1.000,00, at most however up to the value of the damaged or lost goods - respectively per shipment. The customer may increase this maximum limit at his own expense by taking out an appropriate transport insurance policy. The compensation described above shall not be granted if the goods are insured for transport by another party (e.g. interested parties, the customer or the recipient). In this order, the amount of the desired sum insured must be stated. In the case of films, DVDs and other storage media, liability is limited to the material value. For valuables, jewellery and works of art, additional insurance or a complete exclusion of liability must be agreed in writing between the client and Packator GmbH prior to transport and shipment. If the promised transit time of one or more consignments is not observed for international transports, the amount of compensation shall be limited to the simple freight charge. Force majeure of any kind releases Packator GmbH from any promise of delivery.
Special cases, packaging. Liability is excluded if the loss, damage or exceeding of the delivery period is due to circumstances which the employees of Packator GmbH, the contracted companies and couriers could not avoid even with the greatest care and the consequences of which they could not avert. Liability is excluded for breakage damage to glass, porcelain and similar fragile goods or parts of equipment, unless expressly agreed otherwise, with the exception of deliberate or grossly negligent damage by Packator GmbH employees, contracted companies and couriers. Technical devices, models and comparable goods must be properly packed in boxes or cartons with sufficient inner packaging to protect them against impact and shock.
Statute of limitations. All claims against Packator GmbH, commissioned companies, couriers and vicarious agents of Packator GmbH, for whatever legal reason, shall become statute-barred after one year, in the case of intent after three years. The statute of limitations begins with the due date of the claim, at the latest with the delivery of the goods, in the case of loss with the time of knowledge of the loss.
Otherwise the limitations of liability according to HGB and ADSp apply.
The transport orders as well as service orders issued are subject exclusively to the law of the Federal Republic of Germany. The place of performance shall be the registered office of Packator GmbH. To the extent permitted by law, the exclusive place of jurisdiction for all legal disputes arising from or in connection with these contracts shall be Berlin.
Should individual provisions of these terms and conditions be or become invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. An invalid or unenforceable provision shall be replaced by the parties in good faith and in such a way as to best achieve its intended economic purpose. The same shall apply mutatis mutandis to the filling of unrecognised loopholes.