General Terms and Conditions of Business (AGB)
KTL Kombi-Terminal Ludwigshafen GmbH
1. Scope and supplementary provisions
1.1 KTL shall render the services related to the use of the handling facility on the basis of these terms and conditions and the supplementary provisions of the Terms and Conditions of Use in the relevant valid version. The aforementioned Terms and Conditions of Use may be found on the website: https://www.ktl-lu.de by clicking on the link “combined storage transport” and may be sent on request.
Insofar as KTL renders services which are considered to be related to the use of the handling facility as a service facility in terms of § 14 of the Terms and Conditions of Purchase, the supplementary provisions of the Terms and Conditions of Use shall not apply.
1.2 The Terms and Conditions of Business (AGB) of the Customer (forwarder, consignor, storage provider) will only apply subject to the explicit written confirmation of KTL.
1.3 The present General Terms and Conditions of Business (AGB) will not apply to contracts with consumers. A consumer is an individual who places a contract for purposes other than his/her commercial activities or independent professional activities (Section 13 BGB – German Civil Code).
2. Scope of service
2.1 KTL provides the following services:
-Transhipment of load units in multi-modal transport;
-Transport-related interim stabling of load units in the open;
-Storage of load units in the open;
-Delivery and collection of load units in multi-modal transport on the road;
-Services for involved parties and service providers in multi-modal transport operations.
2.2 Subject to the present General Terms and Conditions, KTL will also provide other services subject to special arrangement.
2.3 Load units as defined by the present General Terms and Conditions are:
-Large containers (as defined in ISO standards)
-Swap bodies (as defined in CEN standards)
-Articulated trailers (as defined in Road Transport Licensing Regulations StVZO).
The Customer will ensure that the load units for unaccompanied multi-modal transport on rail and road are technically authorised i.e. that they feature proper encoded registration, with ISO containers the safety approval plate pursuant to the Container Safety Convention.
Since that registration, the state of the load unit triggering authorisation for multi-modal transport will not have changed.
3. Licence Agreement, order placement, order acceptance
3.1 The prerequisite for access to and use of the handling facility, in accordance with § 14 of the Terms and Conditions of Purchase is the conclusion of a License Agreement (Section 3, Terms and Conditions of Use), on the basis of which concrete individual orders are placed.
The placement of an individual order shall be the written or electronic transfer of the type of the loading unit (Section 2.1 Terms and Conditions) and the day of dispatch before the acquisition of the loading unit by KTL. This also includes transfer by fax. Concrete individual orders about loading units in line with the terms and conditions are considered to be accepted by KTL upon their placement.
If the type of loading unit and dispatch days are recorded in the Licence Agreement (such as, for example, in the case of the one-off use of the service facility), the License Agreement shall be regarded as the placement of the order and the order acceptance in terms of this provision.
3.2 Orders placed with KTL, which affect the performance of services and which are not considered to be related to the use of the handling facility as a service facility in terms of § 14 of the Terms and Conditions of Purchase, must include all the details necessary for the appropriate execution of the order and must be placed electronically or in writing. This also includes the transfer of an order by fax. A written order confirmation from KTL for these services shall only take place, if this is especially agreed with the client.
4.1. Transhipment denotes the reloading from one means of transport to another and/or from one mode of transport to another mode. The service provided by KTL embodies the handling of such cargo by crane.
4.2 The use of the crane commences as soon as the loading tackle of the mobile crane has been let down onto the load unit.
4.3 The use of the crane ends as soon as the loading tackle of the mobile crane releases the load unit, is pulled up and is free from the load unit.
5.1 Storage denotes keeping the cargo for later use and also delivery to others. KTL will charge storage fees as of the first day – calendar day – including the day the cargo leaves storage.
5.2 If a load unit/consignment is not accepted by the Customer within 24 hours after it is ready for transport, KTL will bill storage fees as of the following calendar day. Should this day happen to be a Sunday or a public holiday, KTL will only bill as of the next working day.
5.3 KTL will keep all load units/ consignments out in the open. The Customer will bear the risk of the suitability of the loading units/consignment for open-air keeping. In the event that the load unit is inapt for open-air storage, KTL will be entitled to refuse to accept the load unit/consignment. The Customer will be liable subject to Clause 7.5 for any damages, expenses and other costs incurred by KTL because the load unit/consignment is unsuitable for open-air storage.
5.4 Storage will be paid for subject to the respectively valid price list of KTL. As a rule the Customer will be provided with the price list at the beginning of business relations, either in written form or by electronic means (e-mail, telefax or computer fax).
6. Transport-related interim Stabling
6.1 The transport-related interim stabling of cargo is part of the process of transportation and relates to the temporary stay of load units on KTL company grounds. This will apply equally to laden and empty load units, with or without hazardous goods.
6.2 The transport-related interim stabling of freight will be subject to payment as set down in the respectively valid price list of KTL. In general, the Customer will be supplied with the price list at the beginning of business relations either in written form or by electronic means (e-mail, telefax or computer fax).
7. State of load units, Customer liability
7.1 The Customer will ensure that the load units always comply with the respectively valid legal regulations and technical specifications.
7.2 The Customer will provide KTL with all data relating to the cargo, accompanying deeds and details on the state of the cargo in written form or electronically (e-mail, telefax or computer fax) and will ensure the consignments are properly packed.
7.3 In all other respects, the Customer will load the consignments safely (stapled and securely fixed).
7.4 In taking over the load units/consignments, KTL will only check the external state of the load units for any obvious defects. KTL will not undertake to check further. In the event KTL identifies obvious deficiencies or any nature of deficiencies indicative of damages to the load units/consignment, KTL will immediately seek instructions from the Customer.
7.5 Even if the Customer is not to blame, the Customer will be liable for all damages and expenditure incurred by KTL due to the load units/consignment not being in a proper state or in the event of a breach of the duties specified in Clauses 7.1, 7.2 and Clause 8.2. The
same will apply for damages and expenditure incurred because the load units (cf 2.3) are not properly labelled.
The Customer, however, will be liable up to an amount of 10 special drawing rights per kilo of the gross weight of the consignment.
8. Special regulations governing dangerous goods and noxious substances
8.1 The transport of load units with dangerous goods (laden and empty, soiled load units) is subject to the respectively valid regulations of the law.
8.2 The keeping of load units containing noxious substances will be subject to company approval and the respectively valid regulations of the law.
Such freight will be kept in the open-air area reserved by KTL for noxious substances. The Customer will be responsible for all instructions (particularly safety data sheets and other data relating to the freight, accompanying papers and cautionary measures) reaching KTL before storage in written form or electronically (e-mail, telefax or computer fax). The same will apply accordingly for dangerous goods.
Failing this, KTL will be entitled to refuse to accept the load units/consignments of noxious substances. The same will apply accordingly for hazardous goods.
8.3 If there are sound reasons to assume an impending danger relating to the load unit/consignment of hazardous content, or if a problem has already arisen as a result of which KTL has called the fire service, KTL will be able to expect the refund of the costs thus incurred. The costs will be derived by KTL from the respectively valid cost scale of the BASF fire-fighting service; should said costs not be deemed expenses but rather damages, the liability ceiling specified as total in Clause 7.5 will nevertheless apply accordingly.
9. Liability of KTL
9.1 KTL will be liable:
-for keeping and storage as defined in Sections 467ff. HGB [German Commercial Code];
-for all other services as defined in Sections 453 ff. in conjunction with 407 ff. HGB.
9.2 Liability for damages due to the loss or damage of the load units/consignment </em>will, however, be restricted to 8.33 special drawing rights per kilogram of the gross weight of the consignment. This restriction of liability will also apply for damages due to any loss or damage incurred whilst the consignment was being kept.
9.3 For other damages, KTL will be liable up to the restricted amount of 2 special drawing rights for each kilogram of the gross weight of the consignment, but up to a maximum of 1 million EUR. In the case of several damaged parties, KTL will be proportionately liable in respect of the claims asserted by the damaged parties.
9.4 The afore-mentioned exclusion of liability will not apply if damages have been caused
-by wilful intent or gross negligence on the part of the management bodies of KTL, its senior employees or their vicarious agents, the latter when fulfilling a major contracted duty;
-in the cases described in Sections 425 ff., 461 ff. HGB by management bodies of KTL or by the persons named in Sections 428, 462 HGB with wilful intent or carelessly and well aware of the likelihood of damages being incurred.
10. Payment, default and offsetting
10.1 Payment will be subject to the respective tariffs of KTL applicable that do not feature Sales Tax. Payment will be in Euro and calculated subject to the respective legislation governing Sales Tax.
11. Place of jurisdiction
11.1. For all disputes derived from contractual relations (including cross claims, summary cheque and bill enforcement proceedings), the exclusive place of jurisdiction will be Ludwigshafen.
KTL will also be able to file legal action against its Customer at its own venue.
11.2 The respective law of the Federal Republic of Germany will apply to legal relations with inland parties as well as with foreign parties.
12. Safeguarding Clause
Should it transpire that single clauses of the present General Terms and Conditions of Business be or become void or inoperative, the validity of the remaining provisions and clauses will not be affected hereby.