Terms & Conditions

 

 

§ 1 scope

 

1. All orders that are related to construction site trips (paragraph 4 of this point) are based on these AGT. By placing the order, the client confirms that he is aware of these AGT and expressly recognizes them and accepts them as part of the contract in full. In any case, the client's silence counts as consent. Contractual terms or other terms and conditions of the customer are ineffective and are therefore excluded for the legal transaction and the entire business relationship. These AGT also apply if they are brought to the customer's attention for the first time in the order confirmation of the carrier.

 

2. The AGT apply to all construction site trips that are carried out by transporters who are members of the trade association for the freight transport industry (small transporters and licensed transporters) hereinafter referred to as transporters.

 

3. The AGT take precedence over all trade customs. Statutory provisions of a mandatory nature limit the scope of the AGT accordingly.

 

4. Construction site journeys are in particular all journeys within a construction site, entrances and exits to and from the construction site, regardless of the type of vehicle with which these journeys are carried out.

 

5. These AGTs only apply to contracts between companies. They do not apply if the client is a consumer.

 

 

 

§ 2 Obligations of the carrier

 

The carrier performs its services with the care of a proper carrier. He will take care of the client's interest.

 

§ 3 contracting parties

 

1. The general contract for construction site trips (see § 1 4th paragraph) is concluded between the carrier and the customer. The client then places orders with the driver or the subcontractor or his driver for the special execution of the commissioned site trips.

 

2. A change to the basic order, with which, for example. other tours outside of the construction site journeys or the transportation of goods other than those normally used in construction site traffic are only permitted with the carrier. Drivers, sub-freighters or other persons accompanying the transport have no authority to make such contractual agreements for the transporter. Such changes or additions to the order (including additional orders) are therefore only to be agreed with the carrier. Order changes of this kind and other notifications, which are not agreed with the transporter, but are sent to employees of the transporter, sub-freight company or other driving and accompanying personnel, are therefore not binding on the transporter. In this case, the persons commissioned directly by the customer without express agreement with the transporter are vicarious agents of the customer. The liability of the carrier is limited to the selection fault of these people. Irrespective of this, the transporter is also entitled to the remuneration for the performance of his people that has not been directly agreed with the transporter.

 

 

§ 4 orders for construction site trips

 

The construction site trips themselves, which take place within the framework of the general contract for construction site trips between the transporter and the client, unless otherwise expressly agreed between the transporter and the client, based on the specific instructions from the client to the driver, sub-freight carrier or other driving and accompanying personnel .

 

§ 5 Client's duty to provide information

 

1. The customer is obliged to inform the carrier exactly and completely when placing the order about the content and quantity of the construction site materials to be transported.

 

2. In particular, the transporter is to be informed whether the goods are contaminated or are otherwise to be treated or are dangerous. In particular, the carrier must be advised that certain vehicles are to be used.

 

3. The information about the goods to be transported as well as the properties of the goods to be transported are to be given directly to the transporter and not to the driver, sub-freighter or other driving or accompanying personnel.

 

4. Without prejudice to the obligation and liability of the customer for loading and securing the goods to be transported (Section 9), he also has all information about the necessary correct load securing of the respective goods to be transported (e.g. transport of construction machinery, construction parts) or other transport material to the transporter and driver (e.g. transport of other building materials) as well as complete information about the necessary load securing equipment. This provision of information does not release the client from his liability for defective loading or inadequate load securing. It only serves to enable the transporter or the driver to meet their public legal obligations in this regard

 

5. If the client violates his obligations in this regard, he is liable to the carrier for all associated costs and damage. The carrier cannot be used if the client violates this obligation, not even because of the provision of an unsuitable vehicle.

 

6. The carrier is in any case entitled to immediately unload dangerous goods, about which he was not informed, or incorrectly declared goods at the expense and risk of the customer.

 

7. If the transport is not carried out or is no longer carried out, the freight claim of the carrier remains in any case in addition to any claims for damages.

 

8. The client is liable for all costs and damages that arise due to incorrect or incorrect description of the goods to be transported, even if it is not his fault, but this is within his sphere.

 

§ 6 Cancellation of the transport order

 

In the event of cancellation of the specific order (in the case of framework contracts, the (partial) order called up on the basis of the framework contract or, in the case of one-off orders, the respective order) by the client from 24 hours before the planned start, the carrier has an unlimited claim to the entire agreed remuneration if the cancellation is the responsibility of the client and the carrier is not responsible for this. This also applies to the early termination on a pro rata basis. The client must also reimburse the transporter for all expenses and - in the event of the client being at fault - for any damage caused by a cancellation of the job site transport order for which the client is responsible.

 

§ 7 transport documents

 

The customer is obliged to hand over to the transporter or the driver, sub-freight carrier or other persons accompanying the transport all the documents required to carry out the construction site trips (Section 1 (4)) and to fulfill the other administrative regulations until delivery to the recipient become.

 

The client is liable for the correctness and completeness of these documents. The carrier or his people do not have to check. The client is obliged to compensate the carrier for all damage and costs associated with the delivery of incorrect or incomplete documents.

 

§ 8 driving and rest periods

 

The client is also responsible for ensuring that the individual construction site-related transport orders are issued in such a way that the driver can comply with the legally prescribed driving and resting times (especially in accordance with EG VO 561/2006). If the duty schedules of the client violate these driving and rest periods, the client is liable to the carrier or driver for the fines to be paid and all other financial disadvantages that result from exceeding the driving and resting times due to the duty schedules of the client, regardless of this whether these operational plans have actually been contractually agreed between the contracting parties.

 

§ 9 loading and unloading of goods

 

 

1. The goods are to be loaded or unloaded by the customer or the persons responsible for them on the construction site. If drivers, auxiliary personnel or the sub-freighter or their drivers or auxiliary personnel assist in loading or unloading, these persons are liable as vicarious agents of the customer or the sender. The customer's duty to load also includes load securing, for which the customer is solely responsible. The liability of the customer from defective loading including defective load securing or defective unloading makes the customer liable for damages to the transporter or the driver who suffers damage (e.g. to the vehicle, any penalties from whatever title).

 

2. Agreements on the loading or unloading obligation with the driver, the sub-freighter or other driving or accompanying personnel do not bind the transporter.

 

3. The client undertakes to allow the carrier access to and departure for loading and unloading.

 

§ 10 deposit of excavated material

 

1. In the event that the transporter has to transport excavated material to a landfill of the client or to a landfill designated by the client, the client is obliged to obtain permission for the landfill or to be in possession of a valid permit. The carrier does not assume any liability for the deposit. The client is liable for all costs and damages associated with the violation of these obligations and undertakes to indemnify and hold the carrier harmless from all claims by third parties relating to a violation of these obligations.

 

2. In the event that excavated material is deposited on a landfill of the transporter, the client must hand over an analysis of the material to be deposited to the transporter prior to landfill. If statutory regulations provide for other regulations, these replace the obligation to submit the analysis.

 

3. If the client violates these obligations, the carrier is also entitled to immediately unload the goods to be deposited at the client's cost and risk.

 

§ 11 overload

 

The customer is solely responsible for the loading and is liable to the transporter or the drivers, auxiliary personnel or the sub-freighter or his driver or auxiliary personnel for all damage resulting from any overloading, including any penalties, regardless of the title, downtime of the vehicle or damage to the vehicle counting.

 

§ 12 loading and delivery time, delivery times

 

The transporter, his driver, auxiliary personnel or his sub-freight carrier or his driver or auxiliary personnel is under no obligation to comply with loading and unloading or delivery times. The client is solely responsible for this

 

§ 13 loading equipment

 

The carrier is not liable for the loading equipment handed over to him, such as pallets or other loading equipment. In any case, the transporter is not obliged to return the loading equipment handed over to him. If he takes over the return of loading equipment, he is entitled to costs that are to be agreed between him and the client; in the absence of an agreement in this regard, the customary freight charge is payable.

 

§ 14 Payment of the fee

 

1. The prices agreed between the parties form the basis of the settlement. Unless otherwise expressly agreed, all agreed and stated prices are net prices.

 

2. The agreed prices change in each case by the "Transport Cost Index" published on the website of the Association of Freight Transport of the Austrian Chamber of Commerce, http://www.dietransporteure.at/, with a fluctuation range of up to +/- 2 percent of the agreed index value remains unconsidered. Changes going beyond that justify a corresponding price adjustment.

 

3. Unless otherwise agreed, the invoice amount plus any cash expenses is due for payment immediately after invoicing without any deduction. In the event of late payment, the statutory default interest must be paid at least 12% pa default interest. In addition, the client is obliged to bear all of the dunning fees incurred and the costs associated with the operation of the outstanding claim.

 

4. If it is agreed that the remuneration and the cash expenses actually incurred are to be paid by a third party, the client shall be jointly and severally liable with the third party to the carrier.

 

5. If the client or a third party is in arrears with his payment obligations, the transporter is entitled to discontinue further construction site trips until the client meets his payment obligations. The client is not entitled to any claims whatsoever arising from the interruption of service. The client is liable to the transporter for all damage resulting from the delay in payment and any related discontinuation of construction site trips (e.g. standing times).

 

§ 15 No setoff

 

Offsetting claims of the client against claims of the transporter is excluded, unless these counterclaims have been expressly recognized by the transporter in writing or have been legally established by a court decision.

 

§ 16 Liability of the carrier

 

1. Since the customer is only authorized to issue instructions for the individual construction site trips for the driver, the auxiliary personnel or the sub-freighter or his driver or auxiliary personnel, the transporter assumes no liability whatsoever for damage that occurs during the construction site trips, with the exception that mandatory Liability provisions should conflict with this.

 

2. The customer undertakes to keep the carrier completely harmless and harmless in this regard. Should the carrier be liable for whatever reason, he is only liable for all damage for grossly negligent and willful actions (including that of his people).

 

3. However, the client is obliged to provide evidence of any damage, if the liability is otherwise excluded, within 7 days of becoming aware of the damage event at the carrier (not against his people, see § 3 ATG).

 

§ 17 Client's liability

 

The client is liable to the transporter and the driver, sub-freighter or other persons accompanying the transport for those administrative penalties during and in connection with the activities on the construction site, which are based on instructions from the client to the transporter, driver, sub-freighter or other transport accompanying people arise.

 

§ 18 place of jurisdiction

 

The place of jurisdiction is the place where the carrier has its registered office.

 

§ 19 limitation

 

1. Claims against the carrier due to loss, reduction, damage or late delivery of the goods expire after one year.

 

2. In the event of damage or diminution, the limitation period begins on the day on which the delivery took place, in the event of loss or late delivery on the day on which the delivery should have been effected.

 

 

3. The claims referred to in point 1 can only be offset after the limitation period has expired if the loss, reduction, damage or late delivery has been notified to the carrier or the notification has been sent to him. The notification to the transporter is the same if legal evidence requests to secure the evidence or in a legal dispute pending between the sender and the recipient or a later purchaser of the goods due to the loss, reduction, damage or late delivery of the freight forwarder Dispute is announced.

 

4. These regulations do not apply if the carrier deliberately caused the loss, the reduction, the damage or the late delivery of the goods.

 

§ 20 data protection

 

The transporter is entitled to collect, save and process the data that are made by the sender or recipient in connection with the services performed by the transporter and / or are required by the transporter for the services to be performed. Furthermore, the transporter is authorized, upon request by the authorities (in particular customs authorities or STATISTIK AUSTRIA) and state institutions, to provide them with data within the legally defined framework.

 

§ 21 other

 

General business or purchase conditions of the client are not applicable to the order in question and do not prevent the conclusion of this contract even if something else is noted in order confirmations, order forms, business or purchase conditions or other forms or letters from the client

 

Should any of these provisions be ineffective due to mandatory legal regulations or otherwise, the entire contract is not affected. In this case, only the ineffective provision is irrelevant and must be replaced by the respective mandatory statutory provision.