GTC

I. Scope of application, supplementary conditions

  1. DGT provides handling and storage services in Combined Transport (CT) and other services exclusively on the basis of these General Terms and Conditions (GTC). These shall also apply to all future business relationships, even if the General Terms and Conditions have not been expressly agreed again. The GTC shall not apply to consumers.
  2. The customer's General Terms and Conditions shall only apply if expressly confirmed by us in writing.
  3. The GTC shall be deemed to have been agreed at the latest upon acceptance of our service by the customer.

II. Scope of services

  1. DGT operates the trimodal container terminal as a linking point for rail, road and water transportation. DGT guarantees all companies offering CT non-discriminatory access with a comparable quality and price structure.
  2. DGT provides transshipment and parking of loading units (LE) of CT exclusively in connection with freight contracts.

III. Order placement, order acceptance

  1. The basis for the services to be provided by DGT is generally a framework agreement to be concluded in writing with the customer as well as a service agreement.
  2. The customer's individual order must contain all information required for the proper execution of the order and must be placed in writing.
  3. The execution and binding nature of an electronic order placement requires a special agreement.
  4. DGT shall only confirm the order in writing if this has been specifically agreed with the customer.

IV. Condition of the LE, liability of the customer

  1. The loading units must comply with the applicable statutory regulations and technical provisions and must be suitable for handling and transportation in CT. The customer is liable for all damages incurred by DGT and third parties due to the improper condition of the loading units or the cargo.
  2. LE within the meaning of these ABG are Large containers (according to ISO standards), swap bodies (according to CEN standards), semi-trailers (according to StVZO), road trains and articulated vehicles
  3. All UUs for unaccompanied transport within the meaning of these GTC must be approved for CT.
  4. When placing the order, the customer must take into account that the weights and dimensions of the loading units must comply with the respective technical conditions of our handling facility.

V. Handlings

  1. A transhipment begins as soon as the loading gear of the transhipment device is lowered to the LE.
  2. A transhipment ends as soon as the loading gear of the transhipment device is released from the loading unit, lifted and free from the loading unit.

Handlings could be as following:

  • From a rail vehicle to a road or rail vehicle or an inland waterway vessel
  • From a road vehicle to a rail or road vehicle or an inland waterway vessel
  • From inland waterway vessel to road or rail vehicle
  • From a vehicle/barge to the depot or yard
  • From the depot or yard onto a vehicle/barge

VI. Storage

  1. DGT will store empty and loaded LUs used in CT within the scope of available capacities. DGT is under no obligation to provide storage space.
  2. The disposition of the parking spaces is the sole responsibility of DGT.
  3. Stabling begins after transshipment to the stabling area and ends with transshipment to the road or rail vehicle or inland waterway vessel intended for onward transportation.
  4. The parking of semi-trailers or swap bodies on support legs before and after transshipment is possible with the consent of DGT.
  5. DGT is entitled to park LE if this is required by the operating procedures.
  6. Depending on the duration, parking and storage are subject to a charge according to DGT's price list in the currently valid version.

VII. Liability

  1. DGT is liable for handling services, storage, delivery and collection as well as all other services according to the provisions of §§ 407 ff. HGB (German Commercial Code), unless otherwise agreed.
  2. Liability for loss or damage is limited to an amount of 2 units of account for each kilogram of gross weight of the unit of measure. The calculation of the units of account is based on § 431 para. 4 HGB.
  3. Further claims for damages against DGT, its employees and vicarious agents are excluded, unless liability exists on the basis of mandatory statutory provisions or the damage is caused by intent or gross negligence. The exclusion of liability shall not apply in the event of a breach of material contractual obligations. In these cases, claims for compensation are limited to the foreseeable, typical damage. The exclusions of liability do not apply in the event of injury to life, limb or health.
  4. If the customer, his employees, his vicarious agents or his customers, their employees or vicarious agents have contributed to the occurrence of damage, DGT's obligations to pay compensation and the scope of the compensation to be paid depend on the extent to which these circumstances have contributed to the damage.

VIII. Claims settlement

In the event of damage and loss, § 438 HGB applies. Delivery shall be deemed to be the acceptance of the loading unit by the road haulier in the case of outgoing goods by road, by the railroad company in the case of outgoing goods by rail and by the inland waterway shipping company in the case of outgoing goods by inland waterway. The customer shall give DGT the opportunity to inspect the damage.

IX. Special regulations for dangerous goods

  1. Storage of SUs with hazardous substances is not possible at the DGT. Transport-related interim storage is subject to the applicable legal regulations and requires a special agreement.
  2. The customer is responsible for ensuring that DGT has the necessary instructions (safety data sheets) prior to storage.
  3. In principle, DGT must pick up the goods with dangerous goods on the day of receipt, but at the latest within the opening hours of the working day following the day of receipt. Otherwise, DGT may return the UL with dangerous goods at the expense and risk of the customer, store them with someone who has the necessary prerequisites for this or, if necessary, destroy or render them harmless without being liable for compensation.
  4. If DGT LE with dangerous goods are handed over without special notice and if this is not apparent from the labeling of the LE, the customer shall be liable for the resulting damage in accordance with the statutory provisions.

X. Debt Collection

  1. The basis for calculating the fee is the current price list.
  2. Fees to be paid are to be made in euros and will be charged plus statutory VAT at the applicable rate.
  3. Payments are to be transferred to the account of DGT at the expense of the client and are due upon receipt of the invoice.
  4. Other payment methods may be agreed upon in a separate agreement.
  5. In the event of default of payment, the statutory provisions shall apply.
  6. Offsetting or retention against DGT's claims is excluded unless the counterclaim is undisputed or has been legally established.

XI. Place of jurisdiction

  1. The sole place of jurisdiction for all disputes arising from the contractual relationship (including counterclaims, check and bill of exchange proceedings) is the registered office of DGT, unless DGT chooses the customer's place of jurisdiction.
  2. The law of the Federal Republic of Germany applicable to legal relationships between domestic parties shall apply as it applies between merchants in the Federal Republic of Germany.

XII. Confidentiality

The knowledge gained directly or indirectly in connection with the execution of the contract regarding the business activities and trade secrets of the other party may not be disclosed to third parties without the consent of the respective party. The parties shall oblige their employees to maintain confidentiality accordingly.

XIII. Salvatory clause

If individual clauses of these terms and conditions are or become invalid or ineffective, this shall not affect the validity of the remaining provisions and clauses.