GTC

General Terms and Con­di­tions

of DAHER NUCLEAR TECH­NO­LOGIES GmbH for for­warding and trans­por­tation ser­vices (“DNT-GTC”)

1  Scope of App­li­cation

1.1. DAHER NUCLEAR TECH­NO­LOGIES (her­einafter: “DNT”) pro­vides the customer with for­warding and trans­por­tation ser­vices, above all for the movement of radioactive mate­rials, in par­ti­cular com­plete for­warding ser­vices by rail, road, air and water (sea and inland waterways) and sup­ple­mentary for­warding ser­vices.

These ser­vices are pro­vided under the con­di­tions agreed in the order, in addition to these General Terms and Con­di­tions. In addition, the Special Terms and Con­di­tions listed in section 1.3 apply in their respective current version. Man­datory sta­tutory pro­vi­sions shall remain unaf­fected. The DNT-GTC and the Special Terms and Con­di­tions in Section 1.3 can be viewed on the DNT website at www.daher-nuclear-technologies.com. These will be trans­mitted to the customer in text format upon request.

1.2. The customer’s General Terms and Con­di­tions of Purchase shall only apply if expressly accepted in writing by DNT. We hereby expressly object to any refe­rence by the customer to his own General Terms and Con­di­tions.

1.3. In addition, the fol­lowing Special Terms and Con­di­tions shall apply:

1.3.1 For heavy haulage, volu­minous con­sign­ments and crane work, the “General Terms and Con­di­tions of the German Federal Working Group Heavy Haulage and Crane Work – AGB/BSK” shall apply– and also the German Freight Forwarder’s Standard Terms and Con­di­tions (ADSp) within the meaning of Section 1.3.4 of the DNT-GTC.

1.3.2 For maritime trans­por­tation, the “Bill of Lading Terms and Con­di­tions of DAHER NUCLEAR TECH­NO­LOGIES” shall apply, in English and in the version pre­vailing at the time the order was placed.

1.3.3 For trans­por­tation by inland waterways, the “Inter­na­tional Loading and Transport Con­di­tions” for inland waterways (IVTB)“ shall apply.

1.3.4 For all other for­warding, freight, storage and any other ser­vices gene­rally asso­ciated with the for­warding industry, “German Freight Forwarder’s Standard Terms and Con­di­tions – ADSp” shall apply in the version dated 01.01.2016.

2  Offer / Con­tract, Lia­bility of the Customer

2.1. The basis for the service to be pro­vided by DNT is in principle a con­tract in written form. Sub­se­quent changes must also be made in writing.

2.2. The offer by DNT upon which the con­tract is based, including the quoted price, is based on the details sup­plied by the customer of the weight, centre of gravity, dimen­sions and tech­nical nature of the goods, including dimen­sioned dia­grams and requi­re­ments for the service.

2.3. DNT will produce a trans­por­tation concept based on the customer’s details and requi­re­ments, which will form the basis for any transport permits that will have to be obtained from the aut­ho­rities, railroad infra­st­ructure managers or railroad trans­por­tation com­panies.

2.4. The offer is non-binding until the order is con­firmed by DNT. It is subject to the reser­va­tions set out therein and to the fol­lowing reser­va­tions

  • the avai­la­bility of routes and time­table paths,
  • inspection and approval pro­ce­dures of aut­ho­rities, infra­st­ructure managers,
  • railway com­panies or other third parties whose invol­vement is com­pulsory, which – according to the best jud­gement of DNT – do not cause any expense beyond what is usual, and
  • no con­di­tions being imposed by afo­re­men­tioned third parties that leads to increased costs or an increase in the time required com­pared to the offer.

2.5. If dimen­sions, weight or other – par­ti­cu­larly nuclear – cha­rac­te­ristics of the goods deviate from the details given by the customer, DNT can at their pro­fes­sional dis­cretion, either make the efforts required to render their ser­vices and invoice the customer the resulting addi­tional costs or ter­minate the con­tract. § 417 of the German Com­mercial Code (HGB) applies cor­re­spon­dingly; DNT must only grant the customer a period of grace if, in the pro­fes­sional esti­mation of DNT this will allow the ser­vices to be ren­dered in accordance with the con­tract. DNT will bill the customer any addi­tional costs that result from cir­cum­s­tances that are the subject of the reser­va­tions referred to in Section 2.4.

2.6. The customer shall be liable for all damage and expenses that arise for DNT due to incorrect or omitted details by the customer con­cerning dimen­sions, weight and other cha­rac­te­ristics of the goods, such as nuclear cha­rac­te­ristics and/or dan­gerous goods in par­ti­cular. The legal lia­bility of the customer in his capacity as sender in terms of the law con­cerning the car­riage of goods shall remain unaf­fected.

2.7.The legal lia­bility of the customer in his capacity as sender in terms of the law con­cerning the car­riage of goods shall remain unaf­fected DNT offers to create fea­si­bility studies, the scope of and remu­ne­ration for which must be agreed sepa­r­ately.

2.8. Unless otherwise agreed, the customer is respon­sible for the pro­cu­rement and timely pro­vision of packaging, con­tainers and any other pro­tective equipment required for the trans­por­tation of nuclear goods. He is then liable for the sui­ta­bility of the material pro­vided. If DNT deter­mines within the scope of its inspec­tions that the material pro­vided is not sui­table for the pro­tection of the goods during trans­por­tation, DNT may ter­minate the order set the customer an appro­priate period of grace. Any costs arising shall be borne by the customer.

3  Equipment

3.1. Without the written consent of DNT, the customers may not pass equipment pro­vided by DNT (con­tainers, trans­por­tation access­ories, etc.) to third parties.

3.2. If not otherwise agreed, the customer shall be respon­sible for loading and unloading the means of trans­por­tation in a safe and secure manner. He must examine the equipment pro­vided by DNT for loading for its sui­ta­bility for the planned transport and report any defects imme­diately.

3.3. The customer agrees to his goods being trans­ported on open vehicles that are not covered by tarps. If the customer issues no inst­ruc­tions to the con­trary, loading on deck is per­mitted on inland waterway vessels and sea-going ships.

 

4  Exe­cution of Order, Adhe­rence to Dead­lines

4.1. DNT renders its ser­vices with the due dili­gence of a prudent busi­nessman.

4.2. The customer shall undertake to gua­rantee that the cha­rac­te­ristics of the goods to be trans­ported permit the assignment to be under­taken in an orderly manner. He must ensure that the load is ready to be loaded without delay onto the transport vehicle and that the loading and unloading points are fully acces­sible.

4.3. DNT is ent­itled to sub­con­tract the service fully or in part to sui­table sub­con­tractors.

4.4. If the exe­cution of the assignment is delayed for reasons that lie within the customer’s sphere, the customer shall bear the resulting costs incurred by DNT. DNT is aut­ho­rised to charge rea­sonable demurrage, insofar as this does not already result from the con­di­tions men­tioned in Section 1.3.

4.5. The agreement of delivery dead­lines requires a con­tract within the meaning of Section 2.1; any infor­mation pro­vided by DNT regarding delivery periods is otherwise non-binding and is subject to the reser­vation in the above Section 2.4.

5  Lia­bility

5.1. As long as no com­pelling legal regu­la­tions intervene, the lia­bility of DNT in their capacity as for­warder and carrier is governed by the ADSp as defined in Section 1.3.4 of the DNT-GTC. These contain lia­bility regu­la­tions, which deviate to some extent from the sta­tutory regu­lation. Par­ti­cular refe­rence is made to sec­tions 22 – 25 of the ADSp.

5.2. Insofar as the customer desires an amount that exceeds the afo­re­men­tioned lia­bility, he can com­mission DNT to provide sup­ple­mentary insurance cover at his own cost.

5.3. Pro­vided that claims for damages by the customer are in all other respects not caused by intent or gross negli­gence on the part of DNT or DNT is not liable under man­datory legis­lation, claims for damages of any kind against DNT their employees and sub­con­tractor that exceed the ent­it­le­ments set down in the con­tract and the DNT-GTC are excluded. This does not apply to the vio­lation of essential con­tractual obli­ga­tions, that is of such obli­ga­tions whose ful­filment makes the proper exe­cution of the con­tract at all pos­sible and on com­pliance with which the customer may regu­larly rely; com­pen­sation in such cases is limited to the typical, fore­seeable damages.

5.4. The customer’s employees shall not be regarded as sub­con­tractors of DNT.

5.5. The sta­tutory pro­vi­sions shall apply to noti­fi­ca­tions of damage by the customer. He must give DNT an oppor­tunity to inspect the damage.

 

6  Terms of Payment

6.1. DNT invoices are due for imme­diate payment. The customer shall be in default after 30 days from the date of the invoice. There will be no special reminder. DNT may charge the legal interest for late payment.

6.2. Any netting or with­holding by the customer against claims by DNT is excluded, unless his mature coun­ter­claim is undis­puted, ready for a decision or legally binding.

7  Place of Juris­diction and App­li­cable Law

7.1. For all dis­putes arising from the con­tractual rela­ti­onship (including coun­ter­claim, check and bill of exchange pro­cee­dings), the sole place of juris­diction is Hanau. Within the scope of man­datory juris­diction (e.g. according to the CMR) Hanau is con­si­dered to be an addi­tional place of juris­diction.

7.2. The laws of the Federal Republic of Germany apper­taining to domestic parties shall apply.

 

8  Sup­ple­mentary Pro­vi­sions

8.1. The customer agrees that the per­sonal data vol­un­tarily pro­vided by him, such as name, address, phone number and contact details may be pro­cessed, stored, trans­mitted and used, insofar as this is necessary for the business tran­saction; he is ent­itled to inspect this.

8.2. Should indi­vidual pro­vi­sions of this DNT-GTC be or become invalid, this does not affect the validity of the other pro­vi­sions. The invalid pro­vision shall be replaced by a valid con­tractual pro­vision cor­re­sponding to the ori­ginal meaning.

8.3. Foreign lan­guage ver­sions of these DNT-GTC are only for trans­lation pur­poses; the German text is the sole legally binding text.

Stand 01.08.2016