General terms and conditions
of the YouSellWeSend GmbH
under inclusion of the
GENERAL GERMAN FORWARDING CONDITIONS
ADSp as well as the logistics GTC
YYouSellWeSend GmbH bases its General Terms and Conditions on the German Freight Forwarders’ Standard Terms and Conditions as well as on the Logistics General Terms and Conditions. The General Forwarders’ Terms and Conditions are recommended for use by the Federation of German Industry, the Federation of German Wholesale and Foreign Trade, the Federal Association of Freight Forwarders and Logistics, the Association of German Chambers of Industry and Commerce, the Federation of German Retailers. Especially with regard to additional services within the scope of logistics, the logistics GTC primarily regulate the principles of cooperation, the duties of the contracting parties in the execution of the contract as well as the contractor’s liability – limited in terms of amount – in the event of poor performance. The German Forwarding and Logistics Association (Deutscher Speditions- und Logistikverband e.V.) published these in 2006 and recommends their use in business transactions. YouSellWeSend is not a forwarding company in the sense of the ADSp, which carries out transports independently. It always arranges transport services on behalf of the principal.
UIn addition to these agreements, our business is based on the German Freight Forwarders’ Standard Terms and Conditions (ADSp), as well as the Logistics General Terms and Conditions, as amended from time to time, and are considered an integral part of our General Terms and Conditions.
2. Incoming and outgoing goods; reporting
2.1. YouSellWeSend is obliged to send reports to the principal in case of incoming and outgoing goods. These reports will be transmitted to the system of the ordering party via the interface. As a rule daily at the end of the day of the system.
2.2. The principal undertakes to constantly check the accuracy of the transmitted data. If the principal does not object to the transmitted data within one week, the actual stocks or the transmitted goods movements transmitted via the interface shall apply. The client is then no longer entitled to claims against YouSellWeSend due to stock shortages.
2.3. In all other respects the provisions on the liability of the forwarder/contractor of the ADSp and the logistics GTC shall apply. In particular, the regulations on qualified fault remain unaffected.
2.4. On request, the principal can receive a monthly report on stock levels and goods movements for a fee of € 50.00.
3. customs clearance; costs
3.1. In addition to the costs for customs clearance, the principal shall bear all fines and import duties incurred in connection with the order and for which YouSellWeSend is not responsible.
3.2. In all other respects the provisions of the ADSp apply.
4. insurance of the goods
4.1. YouSellWeSend will arrange for the insurance of the goods (e.g. storage insurance) with an insurer of its choice if the principal explicitly instructs it to do so before handing over the goods. In principle, the goods have to be insured by the principal and have to be registered as an external warehouse with the principal’s insurer.
4.2. In all other respects the provisions of the ADSp apply.
5. liability insurance of YouSellWeSend
5.1. YouSellWeSend is not obliged to take out liability insurance with an insurer at usual market conditions, as YouSellWeSend is not a forwarding agent in the sense of the ADSp and only arranges transports.
5.2. The forwarding agencies arranged by YouSellWeSend, which are required for the transport of the goods, are subject to the liability insurances of the ADSp.
5.3. At the request of the principal YouSellWeSend has to prove this liability insurance cover by a confirmation of the assigned forwarding agent.
6. liability limits
6.1. In addition it is agreed that paragraph 27 ADSp neither extends the liability of YouSellWeSend nor the attribution of the fault of people or other third parties in deviation of legal regulations like art. 25 MÜ, art. 36 CIM, art. 21 CMNI, § 660 HGB in favour of the Principal.
7.1. The services invoiced by YouSellWeSend shall always be paid in EURO. If the services are paid in foreign money, the principal has to take over possible fees of the payment institutes. These fees will be charged separately, if not already included in the payment in advance.
8. individual agreements
8.1. The contracting parties are at liberty to make agreements deviating from these General Terms and Conditions and the included components.
9. place of jurisdiction, applicable law
9.1. The place of jurisdiction for all legal disputes arising from the contractual relationship or in connection with it is the registered office of 4elements management GmbH as the parent company of YouSellWeSend GmbH for all parties involved, insofar as they are merchants.
9.2. German law shall apply to the legal relationship between the freight forwarder and the principal or his legal successors.