General Terms and Conditions (GTC) of NavidEx GmbH

Scope
Conclusion of contract
Means of transport and goods being transported
Handover of the transported goods
Customs clearance
Warranty
Delivery terms
Loading and unloading
Shipping and transfer of risk
Standing fees and compensation
Payment terms
Liability
Exclusion from insurance coverage
Statute of limitations
Jurisdiction and choice of law
Data protection
Severability clause

1. Scope

NavidEx GmbH operates exclusively under the latest versions of the German Freight Forwarders' Standard Terms and Conditions ( ADSp 2017) and the CMR Convention . The following General Terms and Conditions (GTC) apply in addition and as a secondary provision – particularly in the event of conflict. Any differing terms and conditions of the client are not recognized.

2. Subject matter of the contract

NavidEx GmbH carries out urgent transports itself or through contracted carriers. It can also act as an intermediary between the client and the carrier. In all cases, the transport is carried out in accordance with the German Freight Forwarders' Standard Terms and Conditions (ADSp 2017), the German Commercial Code (HGB), the CMR Convention, and these General Terms and Conditions. Deviations require the written consent of NavidEx GmbH.

3. Means of transport and goods being transported

The choice of transport method is at the contractor's reasonable discretion, unless otherwise agreed in writing. Excluded is the transport of persons and shipments pursuant to Section 51 of the Postal Act, as well as shipments subject to statutory prohibitions or licensing requirements.

4. Handover of the transported goods

Goods must be handed over in commercially available, transportable packaging. No liability is assumed for goods handed over inadequately packaged or unpackaged. Hazardous goods must be packaged and labeled in accordance with legal requirements – refusal of transport is permissible in case of violations.

5. Customs clearance

The sender is obligated to provide all necessary documentation. Missing documents may lead to the rejection of the transport order or the engagement of a customs broker. The client bears all associated costs. Proof of delivery is the sole responsibility of the client.

6. Warranty

Any visible damage or shortages must be noted in writing on the delivery receipt upon acceptance. Concealed damage must be reported to NavidEx GmbH in writing within seven days. General reservations such as "not inspected" are not valid.

7. Delivery conditions

Delivery will be made as quickly as possible. Fixed delivery dates require an explicit written agreement. NavidEx GmbH is not liable for delivery delays in cases of force majeure (e.g., weather, strikes, official orders) or missing documents.

8. Loading and unloading

According to Section 412 Paragraph 1 of the German Commercial Code (HGB), the sender is responsible for loading and unloading. NavidEx GmbH will provide personnel as agents if needed, but is only liable in cases of intent.

9. Shipping and Transfer of Risk

Liability begins upon handover to the carrier and ends upon delivery. Alternative recipients, such as residents or neighbors, are considered authorized to receive the goods. Returns are subject to a 30% surcharge.

10. Standing fees and cancellation fees

Waiting times exceeding 15 minutes will incur a standing charge per commenced hour, calculated according to vehicle type. If an order is not cancelled at least 48 hours prior to its execution, a cancellation fee of 100% will be charged.

11. Payment Terms

Unless otherwise agreed, the prices listed in the current price list apply. Payment is due in cash upon delivery unless cashless payment has been agreed upon. Invoices are due immediately.

In case of late payment, reminder fees (€10/€15) and default interest (6% above the discount rate of the German Federal Bank) will be charged. Payments by check are only considered received upon clearance. Objections to invoices must be submitted in writing within 10 calendar days.

Additional fees:

Reissuance due to incorrect information: €25
Return freight for pallet exchange: 30%
Waiting times exceeding 10 minutes: according to price list
Surcharges (ferries, tolls, etc.): additional

12. Liability

Liability is governed by the German Commercial Code (HGB), the German Freight Forwarders' Standard Terms and Conditions (ADSp 2017), and the CMR Convention. The following exclusions of liability apply in particular:

in case of damage caused by force majeure, third parties or inadequate packaging,
in the event of malfunctions of electronic devices without demonstrable fault,
in case of incorrect content description by the sender.

Liability is limited to the material value or replacement cost. Extended liability is only possible with the purchase of additional insurance.

13. Exclusion from insurance coverage

The following are not insured, among others:

Precious metals, jewels, cash, securities,
Works of art with an individual value exceeding €7,500.

14. Statute of limitations

Claims become time-barred after one year, or after three years in cases of intentional loss (§ 439 HGB). The period begins upon delivery or knowledge of the loss.

15. Jurisdiction and Choice of Law

The laws of the Federal Republic of Germany apply. The place of performance and jurisdiction is Bremen.

16. Data protection

NavidEx GmbH is permitted to store, process, and transfer personal data for contract fulfillment purposes. Data subjects have the right to information, rectification, blocking, and erasure in accordance with the German Federal Data Protection Act (BDSG).

17. Severability Clause

Should individual provisions of these terms and conditions be invalid, the validity of the remaining provisions shall remain unaffected.