GENERAL TERMS AND CONDITIONS OF BUSINESS
1. Scope of applicability
The general terms and conditions of business stated below apply to all legal transactions concluded between the service provider Pack and Go Logistics, proprietor Wilhelm Geisler – hereinafter referred to as “Service Provider” – and its contracting partners – hereinafter referred to as “Customer”.
Any provisions contained in individual agreements that differ from or contradict these general terms and conditions of business shall take precedence.
2. Object of the agreement
2.1 The contracting parties shall agree to cooperate in accordance with the specific provisions of the individual agreements. The parties do not intend to enter into, and are not concluding, an employment contract.
2.2 The Service Provider shall pay its own social insurance contributions and taxes and relieve the Customer from any responsibilities in this respect.
2.3 The Service Provider may also work for other customers.
3. Conclusion of the agreement
3.1 The service agreement shall be concluded by the Customer placing an order (offer) and the Service Provider accepting it. The Customer shall be bound for a period of two weeks to honour the order placed (offer).
3.2 The written agreement contains the object of the agreement and/or a detailed description of tasks.
4. Term and termination of the agreement
4.1 The agreement starts and ends on individually agreed dates.
4.2 The agreement may be terminated with notice. The termination period is 12 weeks to the end of a month.
4.3 The agreement may be terminated for good cause. Good causes include:
the Customer is in arrears with two consecutive payments and does not pay the Service Provider after a reasonable period of grace, and the Customer gets into financial difficulty (inability to pay, insolvency) after the agreement has been concluded, unless an application to open insolvency proceedings has already been submitted.
5. Scope of services, obligations of the contracting parties
5.1 The services to be provided by the Service Provider usually comprise the tasks specified in detail in the order placed by the Customer.
5.2 The Service Provider shall notify the Customer periodically of the result of its activities. The contracting parties may specify a service timetable and scheduled final date for the completion of the services in the agreement.
5.3 The Service Provider shall notify the Customer immediately should the Service Provider have a genuine reason for not being able to provide the contractually agreed services.
5.4 The Service Provider shall provide the equipment and personnel required for the provision of the services, as specified in the individual agreement.
The parties shall endeavour, to the best of their knowledge and belief, to support each other in the fulfilment of their respective obligations by exchanging information and experiences to ensure a smooth and efficient work process for both parties.
5.5 Each of the contracting parties may apply to the other contracting party in writing to change the scope of services agreed. Upon receipt of a change request, the recipient shall assess if such change can be implemented and if yes under which conditions and immediately forward their written agreement or rejection, including explanatory statement, to the other party. Should a change request placed by the Customer require extensive assessment, the Service Provider may charge the Customer for any expenses incurred due to such assessment upon giving prior notice if the Customer nevertheless insists on the assessment of the change request.
Any amendments to the contractually agreed terms and conditions and services required for implementing an assessment and/or change may have to be specified in writing in a change agreement based on these general terms and conditions of business.
6. Prices and payment conditions
6.1 Services shall be payable at the fixed price specified in the individual agreement upon completion or every two months upon agreement of compensation for time and materials used, unless specified otherwise in the agreement.
6.2 Any estimated prices for services based on time and materials used, particularly price quotes, are non-binding. The quantities used for an estimate are based on an assessment of the scope of services performed by the Service Provider to its best knowledge and belief.
6.3 VAT is added at the rate applicable at the time the service is provided.
6.4 Invoices are payable in full on receipt. The Service Provider may charge default interest if the invoice has not been paid within 15 days of the invoice date. Default interest is charged at 8% p.a. above the base rate applicable at the time of calculation.
7. Liability
7.1 The Service Provider shall assume liability in cases of malicious intent or gross negligence in accordance with statutory provisions. The Service Provider shall be liable for all warranty claims regardless of culpability. The Service Provider shall be exclusively liable for slight negligence in accordance with the provisions of the German Product Liability Act (Produkthaftungsgesetz – ProdHaftG), on the grounds of injury to life, body or health or a violation of major contractual obligations. However, claims for damages on the grounds of a violation of major contractual obligations caused by slight negligence are limited to the foreseeable damage typically incurred under the agreement, unless liability pertains to injury to life, body or health. The Service Provider shall also assume liability for any of its agents and representatives to the same extent as specified above.
7.2 The provision of the paragraph above (7.1) shall also cover compensation in addition to services, compensation in the place of services and claims for damages on the grounds of unnecessary expenses incurred, for whatever legal reason, including liability for defects, delays and inability to perform services.
8. Place of jurisdiction
The business relationship between the parties is governed exclusively by German law.
In the case of the Customer not having a general place of jurisdiction in Germany or another EU member state, our head office shall be the exclusive place of jurisdiction for any disputes arising from this agreement.