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Terms & Conditions
between
STEX GmbH, hereinafter referred to as the Contractor
and
Client, hereinafter customer
The contracting parties shall base their contractual agreement on the acceptance of goods and dispatch at the behest of the customer on the following general terms and conditions, whereby the customer may be consumers or entrepreneurs.
In the case of consumers, the order confirmation is made with an additional separate confirmation to accept these General Terms and Conditions.
Conflicting general terms and conditions of legal entities are excluded.
1. The Contractor is not obliged to accept orders from customers that are placed via the Contractor’s price calculator; there is no need to give reasons. The Contractor may also terminate the contract after acceptance of the offer, to the exclusion of claims for damages on the part of the Client. However, the customer has the option of averting the rejection by paying in advance within a period set by the Contractor. In the event of termination of the offer due to doubts about the creditworthiness, the Contractor will inform the Client by telephone or in text form within 2 hours of acceptance of the order during its business hours (Monday to Friday 08:00 a.m. to 05:30 p.m., except public holidays) and demand an advance. If the advance is not paid, the customer is placed in the same position as if he had cancelled the order at short notice.
2. The customer creates his request using the forms www.stex-gmbh.com/de/expressversand-kosten-preisrechner/ (or email dispo@stex-gmbh.com) on the transport of general cargo, load units and/or total loads, with precise description of the dimensions such as width, height, length and weights as well as the indication of the contents and, if applicable, the number of loads. of the information as dangerous goods or thermal transport.
3. The goods must be stackable. If it is not, a special note is required from the customer. If the goods do not fit into the selected cargo space when the order is placed, the Contractor has the right to extraordinary termination or adjustment of the contract. If the contract is adjusted, the tariff is automatically adjusted to the next higher level, as shown in the price calculator. In this case, the Contractor shall have the choice between the use of a larger vehicle or – if possible – the use of another vehicle; if both alternatives are possible, the contractor will choose the more cost-effective option. Claims for damages against the Contractor are excluded to the extent that they are not mandatory by law.
4. The customer’s goods must allow load securing by means of tension belts, otherwise they may be rejected in accordance with § 2 No. 9 of the GTC.
5. Removal goods, art, unique items and valuables, in particular precious metals and precious stones, are excluded from transport, unless a special agreement is concluded with appropriate insurance and a contract to be negotiated in detail. With regard to the commissioning of removal goods, reference is made to § 6.
6. The information provided by the customer on the price calculator website is the basis for the price calculation and is binding for him after the offer has been submitted. Any additional costs incurred such as customs duties, taxes, costs for ferries or tunnels, etc. are settled exclusively directly with the customer.
7. The times specified in the price calculator are not guaranteed dates of collection and delivery, but initially represent the rough time frame of the transport. A fixation on fixed periods only takes place after acceptance by the contractor. Fixed dates require special confirmation by the contractor.
8. If, despite repeated attempts, the specified responsible person or any other qualified employee or contact person of the customer cannot be reached within two hours of the first contact and it is therefore not possible to start or continue the transport, the contractor has the right to terminate the order at the customer’s expense and to withdraw the vehicle provided from the transport.
9. The fictitious vehicle types are merely tariff types for price differentiation based on weight and volume. There is no entitlement to a specific vehicle. Ultimately, the freight costs only include the packages explicitly mentioned in the order, stating dimensions + weight. If the transport volume declared in the order does not fit into the fictitious vehicle type selected here in terms of space or weight, the customer agrees that STEX GmbH may manually make a change to a suitable, higher fictitious vehicle type; if there is no higher vehicle type, the maximum transport volume shown will apply to the selected vehicle. In addition, we would like to point out that the payload specifications differ for individual routes. Running time for trucks, semitrailers and in certain relations deviate. The transit times are precautionary measures due to traffic, weather and other delays.
1. The Contractor undertakes to respond to the customer’s binding offer submitted in the price calculator within 24 hours within the opening hours specified in § 1 number 1 and to confirm or reject it within the deadline.
2. The type of vehicle announced by the Contractor is merely fictitious in nature and is to be understood as the basis for the calculation of the tariff. The loading area dimensions of the vehicle type express the maximum available area in this tariff. There is only an entitlement to the transport of the packages actually booked.
3. Appropriate loading documents for the proper execution of the transport must be provided by the customer in sufficient quantities before the transport is carried out, but at least 24 hours, in the case of transports with border crossing and possible customs clearance at least 48 hours in advance. This also expressly applies to necessary documents for customs clearance. Reference is made to the forms provided by the Contractor on the Internet.
4. Additional costs due to the lack of documents and information required for the transport must be borne by the customer. This also includes additional costs due to possible extensions of transport times through no fault of the contractor.
5. The fee is determined according to the tariffs listed on the Internet under www.stex-gmbh.com/de/expressversand-kosten-preisrechner/ .
6. If the Contractor uses third parties as carriers, he assures that all legal requirements are complied with, in particular compliance with the Minimum Wage Act, otherwise reference is made to § 1 No. 7.
7. Fixed dates or delivery dates on the following day require express acceptance by the Contractor and will be remunerated separately.
8. Acceptance of the offer takes place in text form.
9. Cancellation of the contract will result in 50% of the agreed freight costs if cancelled up to 48 hours before the performance, and 90% of the agreed freight if cancelled 24 hours or more. Section 415 of the German Commercial Code (HGB) remains unaffected.
10. If the customer has taken out a “transport cancellation insurance”, the cancellation fees specified in paragraph 9 are reduced as follows: Cancellation more than 24 hours before execution at 10% of the agreed freight costs, in case of cancellation from 24 hours before 1/3 of the agreed freight. Section 415 of the German Commercial Code (HGB) remains unaffected. Third-party services such as customs clearance, costs for ferries or additional costs such as demurrage, which have already been provided or started at the time of cancellation/postponement, will be charged in full.
1. The Client is not entitled to a specific vehicle, but a vehicle chosen by the Contractor, suitable for the load and sufficiently dimensioned. The selection of the fictitious transport vehicle in the price calculator is for illustrative purposes only and is not mandatory. It is the contractor’s responsibility to decide whether the goods are to be carried by a sufficiently dimensioned vehicle or by several smaller vehicles, whereby, if both variants are possible, the more cost-effective variant is chosen.
2. Loading and unloading are not part of the freight order. The customer must ensure that loading is safe for transport, and the reliable loading is ensured by the contractor or a carrier commissioned by the contractor.
3. Unloading is carried out by the recipient, who is the customer’s vicarious agent in this respect, with the respective consequence of liability in the event of damage to the goods to be unloaded and/or the vehicle.
4. Changes in weight or volume must be notified to the Contractor in writing at least 24 hours before the start of transport. The Contractor has the right to terminate the freight order if the freight can no longer be carried out in accordance with the specifications of the offer. The choice between termination or execution of the order, if necessary. with another transport vehicle, is the responsibility of the Contractor; there is no need to give reasons. Claims for damages by the customer are explicitly excluded in this regard. In the event of termination after specifying the weight or volume changes less than 24 hours before the transport is carried out, the Contractor is entitled to 50% of the freight price. In the event of the transport being carried out, the freight price shall be increased accordingly by the specified change in weight or volume.
5. If it turns out that, contrary to the information provided by the customer, the cargo is causing an overload, there is also the right to extraordinary termination with no. 3 para. 1. If this was not recognizable and/or the Contractor is exposed to fine proceedings or other official and/or police proceedings, the Customer shall indemnify the Contractor against all costs, fines, confiscation amounts pursuant to Art. § 29a OWiG, also to indemnify legal costs. He must also bear the costs of any necessary reloading.
6. Access to and from the consignee must be possible for trucks with standard dimensions, as well as for loading and unloading, in particular at ramps in underground car parks or staggered delivery stations. If, contrary to sentence 1, collection, access, loading or unloading is not possible, the customer will be requested to remedy the situation or to designate a suitable loading and/or unloading location. All further costs, downtimes, travel costs, etc. resulting from this are at the expense of the customer and must be instructed immediately.
If the loading and/or unloading time within a transport radius of no more than 150 kilometres is more than 1 hour and otherwise more than 2 hours, 30.00 € per hour or part thereof will be charged as demurrage for transport with a caddy/transporter/tarpaulin bus, and 60.00 € per hour or part thereof for trucks and thermal vehicles.
If no suitable instruction is issued within 3 hours, the Contractor shall have the right to extraordinary termination with the proviso that, in addition to the freight, further compensation for the costs of return freight and any necessary storage shall be demanded. If the customer does not collect the goods within 3 days, the contractor may auction the goods or dispose of them at the customer’s expense. Auction proceeds are distributed to the customer after deduction of all expenses.
7. The Client warrants that a responsible person will be available for the period of transport and, if this person cannot be reached via the Company’s contact details, will provide a contact option for this person.
Vehicle-related minimum prices cannot be undercut by entering a voucher. Vouchers only apply to the main service (transport price) including vehicle-related upgrades. Any other costs such as demurrage, cancellation fees, etc. or third-party costs such as costs for insurance, CO₂ compensation, higher insurance, customs clearance, costs for ferries and tunnels, etc. remain unaffected.
1. Payment shall be made in advance or on account, whereby the decision is the responsibility of the Contractor and does not require any justification.
Unplanned state taxes, such as customs duties or taxes on customs clearance, are borne by the customer and can be charged to him as advance payment.
The Contractor cannot be held liable for a delay in delivery as a result, provided that it passes on the costs directly.
If the Contractor only works according to advance payment, agreed fixed dates shall only be deemed to have been agreed if payment is made on time, at least 24 hours, or at least 48 hours before collection in the case of cross-border journeys with the risk of customs clearance. In the event of later payment, timely delivery can no longer be guaranteed. This also expressly applies to costs in connection with customs clearance.
2. Delivery to the addressee indicated on the consignment shall be effected by handing over against the signature of the addressee. The customer agrees that the handover may also take place to another person of whom it can be assumed that he or she is entitled to accept the shipment according to the circumstances. Persons of this kind are either members and employees of the household present in the premises of the recipient, a third party authorized to receive the receipt by written authorization of the recipient, and immediate neighbors of the addressee, with the exception of entrepreneurial customers. In this case, the designation of an expressly authorised recipient is required, otherwise it will be returned to the sender with consequences according to § 3 no. 7. If a neighbourhood drop-off is carried out, the customer will receive the notification e-mail with a qualified note on the time and place of the handover.
3. If the shipment is handed over by the customer with loading and/or loading aids, there is no obligation to return the shipment, unless such a return is separately agreed with a separate fee for both the assumption of the exchange risk and for the return transport. Section 812 of the German Civil Code does not apply.
Claims of the Client against the Contractor may only be assigned to third parties with express prior written consent. Approval is granted on a case-by-case basis.
Offsetting or retention against freight claims or related non-contractual claims of the Contractor shall only be permissible with undisputed, due and/or judicially binding claims.
The Customer assigns any claims for compensation in the event of transport and/or vehicle damage to the Contractor used. The contractor accepts the assignment.
1. The provisions of these T&Cs shall apply accordingly, unless expressly stipulated otherwise below.
2. The safe securing of the removal goods as well as the loading or unloading is carried out exclusively by the customer. The reliable loading is carried out by the contractor. The Contractor’s liability for all damage during transport is excluded, except in the case of intent or gross negligence, as well as in the case of the removal of the customer and/or a participant in the move named by him. There is no entitlement to be taken along. The passenger insurance to be taken out for this will be invoiced to the customer.
3.Special insurance for removal goods is offered and recommended.
4. The waiting time for loading and unloading, which is included in the price, is limited to a maximum of 3 hours. Waiting times beyond this will be charged at € 30.00 per hour or part thereof for vehicles of the Bully/panel van model and the small truck model and € 60.00 per hour or part thereof for the large truck model.
1. Unless otherwise specified, the provisions of the General German Freight Forwarders’ Terms and Conditions (current ADSp 2017) and, unless otherwise specified, the general German laws, including the rules of the Commercial Code in the current version, shall apply.
2. German law applies, international commercial law is excluded.
3. The place of jurisdiction is Straubing.
4. Should any provision of this contract be or become invalid, void or become void, the validity of the remaining provisions shall not be affected.
In place of the invalid/void provision, the parties will make such a provision that comes closest to the purpose intended by the invalid/void provision. This also applies to filling any gaps in the contract.
