Terms and Conditions

General Terms and Conditions of CIS International GmbH/as of January 1st, 2018

1. Scope
The General German Forwarder Conditions 2017 (ADSp 2017) apply to all current and future legal transactions between CIS + International GmbH and the customer/client, unless the exceptions defined in sections 2.3 and 2.4 of the ADSp 2016 are present. Only legal provisions, which may not be deviated from by means of pre-formulated contractual conditions, take precedence over the ADSp 2017. In addition to or deviating from the ADSp 2017, the following terms and conditions apply. Conflicting terms and conditions of the customer/client only apply if this has been expressly recognized and confirmed in writing by CIS + International GmbH. Overall, verbal agreements and ancillary agreements are only effective for the business relationship if they are made in writing. This also applies to the written form requirement itself.

2 offers
Our offers are always non-binding and may not be made accessible to third parties without our consent. We reserve the right of ownership and copyright to the offers.

If our offer is made on the basis of documents from the purchaser/client, such as illustrations, drawings and dimensions, these are only binding if these documents are expressly referred to in the offer.
The purchaser/client must ensure that we can provide our services as planned and that any preliminary and/or preliminary work is carried out in good time. Otherwise, CIS + International GmbH is to be compensated for the corresponding additional expenses.

3. Compensation
If an earlier due date does not result from the ADSp, the remuneration is due upon receipt of the invoice by the customer/client. Unless otherwise agreed, discount deductions are not permitted.
Neither the offers nor the invoices include the statutory sales tax in Germany, which is added unless it is already shown separately.

Offsetting against the remuneration and other claims of CIS + International GmbH is only permitted with undisputed or legally established counterclaims. The same applies to possible rights of retention. Rights of retention on the part of the purchaser/customer are expressly excluded, which have their legal basis in previous or other transactions between the contracting parties.

If the costs relevant to our services, such as freight rates, ancillary costs, etc., change significantly after the contract has been concluded, we can demand an appropriate adjustment of the remuneration against appropriate proof and are also entitled to withdraw from the contract if it would be grossly unreasonable to adhere to the contract, since the The purchaser/client refuses to pay the appropriately increased remuneration at first request.

4. Warranty
Any notices of defects must be made in writing by the purchaser/client immediately, but no later than within 8 days, unless the law prescribes a shorter period for this. Otherwise, any warranty claims based on the alleged defects will be forfeited. If such a defect could not be discovered within the aforementioned period even after careful examination, it must be reported immediately after its discovery and before further processing, but no later than 3 weeks after receipt of the goods.
Otherwise any possible warranty claims of the customer/client are excluded.

In the case of justified notifications of defects, CIS + International GmbH must first be granted the right to improve the contractually owed services twice if necessary. Only then is the purchaser/customer entitled to assert further warranty claims such as a price reduction or withdrawal from the contract.

We are not liable for indirect damage and consequential damage, in particular due to negligence in contract negotiations, culpable non-fulfillment of the contract, culpable delay or positive breach of contract, insofar as we are guilty of slight negligence. In the event of gross negligence, our liability is immediateDamage, but limited to the amount of the order value at most. Liability for indirect damage or consequential damage caused by a defect is also excluded in this respect.

Liability for personal injury is based on the statutory provisions:

We assume no liability if the actual circumstances of the transport entrusted to us and other services do not match the information provided by the customer/client and our services therefore do not lead to the contractually intended result.

In addition to Section 23 ADSp, it is agreed that Section 27 ADSp neither the liability of the freight forwarder nor the attribution of the fault of people and other third parties deviating from statutory provisions such as § 507 HGB, Art. 25 MÜ, Art. 36 CIM, Art. 20, 21 CMNI extended in favor of the client, the freight forwarder as a carrier in the cases of nautical fault or fire on board listed in § 512 Para. 2 No. 1 HGB is only liable for his own fault and the freight forwarder as a carrier within the meaning of the CMNI under the in Art. 25 Para. 2 CMNI is not liable for nautical fault, fire on board or defects of the ship.

5. Damages/Withdrawal
If the customer/customer terminates the contract without a reason for which we are responsible or if we are prevented from fulfilling the contract for reasons for which the customer/customer is responsible or are forced to terminate the contract, we are entitled to compensation in the amount of a flat rate of 20% of the net order value. The purchaser/customer is free to prove that the damage was less.

We are entitled to withdraw from the contract if the customer/customer does not fulfill his obligations under this contract or another contract concluded with us or facts become known that give rise to serious doubts about the creditworthiness or the financial situation of the customer/customer has deteriorated after the conclusion of the contract . The exercise of the right of withdrawal by us does not justify any claims for damages or other claims for the orderer/client.

6. Miscellaneous
Contrary to Section 8.2 ADSp, we do not provide proof of delivery for rail transport. With these consignments, acceptance of the consignment by the recipient at the agreed destination station is considered proof of delivery. If the recipient discovers defects or missing quantities when accepting the consignment, the recipient is obliged to have a statement of facts drawn up by the receiving station with all the relevant data and send it to us immediately. If the recipient cannot present this factual report from the receiving station, the shipment is deemed to have been handed over completely undamaged.

Until the full payment has been made to us, we reserve ownership of the goods, things and objects to be shipped - as far as legally possible. In addition, we refer to the statutory and contractual rights of lien and retention, in particular to the provisions of the ADSp.

Insofar as it is part of our contractual obligations to unload goods and then transport them, liability for all damage in connection with the unloading is excluded if the unloading is carried out personally by the customer/client, one of his employees or third parties commissioned by him.

The invalidity of one of the aforementioned provisions does not affect the validity of the rest of the terms and conditions. Should a clause be or become ineffective, a clause that comes closest to the mutual economic and practicable interests of the parties shall be deemed to have been agreed between the parties.

Place of performance is Sassnitz/Rügen, place of jurisdiction is Stralsund District Court. German law applies exclusively.
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