Agency Frisch: Our terms and conditions
between the client
– hereinafter referred to as the company –
and
Agentur Frisch International Consulting GmbH & Co. KG
– hereinafter referred to as commercial agent –
in accordance with the basic conditions of HGB § 84 ff., see also the validity for the purchasing agent; W. Kohlhammer page 107 section b. Only if no long-term cooperation has been explicitly agreed or the commission is to gradually fall to zero, then brokerage law applies.
General terms and conditions for consultations (charged on an hourly basis).
GTC for logistics contracts/shipping and warehousing (for deviating conditions see below)
Additional agreements of the agency Frisch for transport orders in addition to or deviating from the General Freight Forwarders’ Terms and Conditions:
1. for transportation orders, the invoice is issued no later than two weeks after the order is placed and payment is then usually due immediately, otherwise within two weeks. If services are provided in a third country (e.g. China), such as pre-carriage and main carriage (e.g. sea freight, rail freight), then the services are VAT-exempt up to the customs border in accordance with § 4.3 UStG, as the recipient pays import VAT on the amount in the customs declaration; this must be reported accordingly by the recipient if Agentur Frisch is not commissioned to do so. Agentur Frisch arranges the services, either the freight costs are invoiced directly to the company by the forwarding agent, in exceptional cases Agentur Frisch can also invoice this. The freight carrier is shown on the consignment note. The company must pay the invoice immediately; the delivery date is notified directly after receipt of the payment receipt. As the invoice can be issued with a customs declaration, a delay in payment can delay delivery. If required by the tax office, the company must provide proof of customs clearance and importation, otherwise the commercial agent is entitled to invoice the VAT retrospectively. The due date only arises when the commercial agent becomes aware that the import/customs clearance cannot be proven.
2. logistics price refers to full containers for container delivery (on-carriage) by rail, if the container must be unloaded, a lifting platform must be brought along and then the delivery must be made by direct truck, I ask for urgent prior notice, as we then have to calculate differently. In principle, the freight offer is based on the standard (delivery to a warehouse with ramp, available forklift truck and sufficient personnel of the recipient for unloading). All additional costs due to more complex delivery, e.g. narrow entrances, lack of ramp, lack of forklift truck or lack of personnel, are charged to the recipient and will be invoiced additionally. If the railroad is fully booked, it must be rebooked to a direct truck, which results in higher costs. Storage costs and direct truck costs are calculated on a time and material basis and are charged to the customer. We only find out about drop-off costs when the container is returned, so we cannot offer these. These are usually between 75 and 225 euros; however, if the container can be returned locally (in 95% of all cases), we will pass them on to the company 1:1 without any surcharge. If, contrary to expectations, the shipping company does not take the container back, the return transport (round trip) will be charged.
3. freight offers always refer to the date of departure of the ship or the date of departure of the airplane, e.g. if you arrive on 30. of a month place an order on an offer valid until 31st of the month, then the departure is no longer feasible until the expiry of the validity of the offer. The date on which you accepted the offer does not apply here. The offers are net, VAT is added to all items that are not international shipping, and depending on the company’s tax and customs situation, customs duties and import sales tax may also be added, which is passed on to the company by the commercial agent or their partner. As import sales tax and customs duties are not levied by the commercial agent or freight forwarder, this is not part of the commercial agent’s offer for shipping. The entrepreneur must obtain information accordingly from the customs authorities and/or his tax advisor or tax office.
4. additional transport insurance with 100 % cover even if the agency is not at fault Frisch after disbursement (approx. 4 to 8 per thousand of the value of the goods, min. 20 euros). If the goods are stored, the company bears the storage costs. If the company does not apply for insurance from the commercial agent, the commercial agent must take out insurance himself and agree the insurance terms with Agentur Frisch. In this case, Agentur Frisch is only liable in the event of intent and gross negligence.
5. 1 For goods stored for longer than two months, Agentur Frisch is entitled to rent a warehouse in order to avoid capacity bottlenecks, resulting in a notice period of 6 months to the end of the month if the entire goods are to be collected again. Agentur Frisch can prepare a maximum of 10 pallets per week per company for dispatch. Especially if the goods are originally to be picked (individual shipment to end customers), the effort to repack the goods into boxes, palletize the boxes and make them ready for collection is very high, so that the high effort as well as the storage costs are to be borne by the company until the end of the notice period.
5.2 All transportation and storage operations shall be carried out in accordance with the company’s instructions; the commercial agent is not required to check or question these instructions. The company shall be liable for the services carried out at its request (e.g. repacking, selection of the type of freight, etc.).
6. for onward transportation, the transport route is selected according to the desired transit time (Express Premium = 1 to 2 days, Express Economy = 3 to 10 days, air freight 7 to 16 days, rail 16 to 30 days, sea = 30 to 60 days, truck from three days depending on distance). The client must ensure that the packaging is sufficient for the mode of transportation or give Frisch Agency all instructions in advance if the goods need to be repacked.
7. the company must provide the necessary materials (cardboard, adhesive tape) or, if the commercial agent provides them, bear the costs thereof.
8. storage costs & demurrage, e.g. due to waiting time for the railroad, truck or during unloading or at the customs authority, as well as costs arising from a customs inspection and other official measures, shall be borne by the client. The company is informed of any costs arising from storage and waiting times by the contractual agreement and does not need to be informed or made aware of them again, as this is often not possible in the operational process. The storage costs are incurred even if the buyer is not at fault, as the storage costs are incurred due to his goods and are therefore charged to the goods. Reasons can also be delays in customs clearance or late payment by the buyer.
9. the goods that were stowed unpalletized in the container (for LCL – general cargo) are generally palletized in the port of Hamburg. Therefore, we can only estimate the on-carriage costs based on the carton dimensions. In the end, invoicing is based on loading meters using the goods palletized in the port.
10. if container ships/railways/trucks are fully booked, the freight forwarder is permitted to rebook to another ship/railway/truck in order to avoid waiting times and storage costs. Without the freight forwarder having to inform the company first, a tolerance of +/- 10 % to the original price offer is agreed. If higher costs are incurred, the freight forwarder must first obtain approval from the company.
11. 1 The freight forwarder may also deliver to the company during normal business hours from 8 a.m. to 5 p.m. without making an appointment. Announced delivery times are not binding as they often cannot be influenced and depend on port procedures, traffic conditions or other factors such as strikes or disasters. If the receiving warehouse is unable to accept the goods during normal opening hours, demurrage charges will be incurred until such time as the company is able to receive and unload the goods. The company expressly authorizes this upon conclusion of the contract. As a rule, the company has 2 hours free unloading time. Standard demurrage charges for times beyond this are between 75 and 125 euros per half hour.
11.2. Visible damage must be noted on the delivery receipt upon delivery, otherwise any liability is void! (this does not apply to non-visible damage)
12. in the case of rail freight, the supplier delivers FOB to the port of performance; transportation from the port of performance to the location of the railroad station is generally the responsibility of the recipient.
13. the freight forwarders usually work on the basis of the general freight forwarder terms and conditions if they are based in Germany (link above)