GENERAL TERMS AND CONDITIONS FOR SHIPMENT AND CARRIAGE SERVICES AND FOR ANCILLARY ACTIVITIES OFFERED BY GRUBER Logistics (PAO) GmbH
- Seafreight LCL transportation
Standard pre-carriage based on pick up day A and delivery on day C until 3pmRates based on stackable harmless goods (not valid for Hazmat or personal effects). Rates based on seaworthy packaging to load into a consol container-.US Custom Clearance, charges for storage or waiting time is not included. The Import declaration (ISF/10+2 Filing) is the responsibility of the recipient US customs has reminded that the ISF must be filed 24 hours prior to vessel sailing from the port of loading. Late filings or non-filings could cause a fine of USD 5.000,– per case. Please note that Gruber Logistics will not be responsible for any penalty for late / non-ISF-filings. Based on today’s rates, tariffs, surcharges and conditions and shipment with a carrier of our choice.
- Seafreight FCL transportation
– further/final details
– seaworthy stackable packages
– availability of equipment and space
– carrier’s acceptance
– storage charges, waiting time, demurrage/detention
– export customs clearance
– transport insurance
– VGM determination
- Airfreight transportation
Our quotation based in today’s tariffs, rates of exchange, legal regulation and is subject to confirmation at the time of order acceptance.
The valid surcharges are included. Changings will be debited as per disbursement.
Shipment has to be proper and solid packed, stackable and handling must be possible with a forklift.
In case of black alert during the X-Ray process we charges for opening and closing of the packages will be charged as per outlay.
Loading with carriers in our choice.
Weight-/Volume factor 1 : 6 (1 cbm = 167 kg chargeable weight)
We operate exclusively in accordance with the Allgemeine Deutsche Spediteurbedingungen 2017 – ADSp 2017 – (German Freight Forwarders’ General Terms and Conditions 2017). Note: In clause 23 the ADSp 2017 deviates from the statutory liability limitation in section 431 German Commercial Code (HGB) by limiting the liability for multimodal transportation with the involvement of sea carriage and an unknown damage location to 2 SDR/kg and, for the rest, the customary liability limitation of 8,33 SDR/kg additionally to Euro 1,25 million per damage claim and EUR 2,5 million per damage event, but not less than 2 SDR/kg. Place of jurisdiction : Bremen
GENERAL TERMS AND CONDITIONS FOR SHIPMENT AND CARRIAGE SERVICES AND FOR ANCILLARY ACTIVITIES OFFERED BY GRUBER LOGISTICS S.P.A.:
Art. 1 – Application scope.
The following General Terms and Conditions shall apply to all services of goods carriage and shipment and to all ancillary activities carried out or organized by Gruber Logistics S.p.A. (hereinafter: “Gruber”) in favor of her clients. “Ancillary activities” are defined as all activities carried out during the performance of a carriage or shipment service if, and in the cases in which, they are included in the service ordered or appointed by the Client and/or if, and the cases in which, by convention or by law, they are included or lie within the carrier’s or the forwarder’s responsibility. For instance, the following are ancillary activities: loading and unloading of the
Transported goods, their stowage and fixing; transfer of goods from one means of transport to another; placement, positioning, assembly and disassembly of transported goods; warehouse storage or temporary stocking of transported goods; arrangement and organization of goods transport services; booking of goods transports by air or sea; handling of customs procedures for the transported goods; collection and management to cash on-delivery payments. No service among the ones mentioned above as accessory activity may be considered an integral part of the carriage or shipment service provided by Gruber simply because of their presence within the hereby article.
Art. 2 – Legal hierarchy.
The hereby General Terms and Conditions shall apply in every case in which they do not conflict or contrast with mandatory law or specific agreements between Gruber and the Client. In case of conflict or contrast between Gruber’s General Terms and Conditions and the Client’s own purchase general terms and conditions, the present General Terms and Conditions will prevail unless the Client’s general terms and conditions have been previously and explicitly accepted. In all other cases, Gruber’s General Terms and Conditions will apply to, and constitute an integral part of, every offer presented by the Company – provided that such General Terms and Conditions are knowable to the Client at the moment of the reaching of the agreement. Their knowability is typically and normally ensured by their recall in the official offers made by the Company, as well as by their presence with due evidence on the Company’s official website.
Art. 3 – Gruber’s qualifications.
Gruber normally operates as freight forwarder in accordance with art.1737 et seq. of the Italian Civil Code. Upon reception of an order or appointment, Gruber assumes the obligation to conclude one or more transport contracts and undertake any necessary accessory activity. Gruber operates as carrier in accordance with art.1678 et seq. of the Italian Civil Code only in the following cases a. the transport service is performed directly by Gruber without concluding any one or more transport contracts with other carriers. In this case, Gruber’s qualification as carrier shall apply only for the parts of the transport executed with her own fleet and personnel or b. the offer made by Gruber, the order or appointment by Client, or the concluded contract clearly specifies that Gruber shall operate as carrier or with any other qualification incompatible with the one of freight forwarder.
Art. 4 – Authorization to sub-contracting.
In the cases in which Gruber operates as carrier, she always has and reserves herself the right to use and employ sub-carriers or other suppliers for the performance of her transport services in whole or in part, without explicit permission or authorization by the Client being needed. Should the Client intend to have the transport service executed by Gruber employees only, this must be clearly specified or explicitly communicated upon offer request. Art. 5 – Price. The amount to be paid for the various services, as well as their relevant terms and conditions, are indicated in Gruber’s official offers. Unless otherwise stated, amounts are expressed in Euro and do not include VAT; payments are due within 30 days from invoice issuing date. In case the Client is deemed to be financially unreliable, Gruber reserves the unenforceable right to refuse to perform her services, or to make the acceptance of new orders or appointments conditional to the production of adequate guarantees by the Client. Unforeseen costs met by Gruber during the performance of her services which, by convention or by law, are to be paid by the Client, are paid by the latter on request upon production by Gruber of the relevant documentation. Failure to pay one or more invoices within the given deadline carries as consequence for the Client the loss of all legal benefits associated to such term/condition, as well as all legal consequences associated to the failure to comply to it. It also entitles Gruber to suspend the performance of any further orders or appointments, even when they might have been already agreed upon. Payments for any received service may not be delayed or suspended beyond their expiry date. The Client may not offset for the due amount with credits coming from alleged damage, delays or other complaint issues – unless authorized to do so by Gruber. Invoices are normally sent telematically. All evidence of merchandise delivery, however denominated, is kept and stored by Gruber in her electronic archives in accordance with, an compliance to, the law: upon request, they are put at the Client’s disposal by electronic means.
Art. 6 – Gruber’s responsibility.
Gruber’s responsibility is defined by the laws (rules, regulations, as well as all the relevant legal documents and sources) that apply each time to the various appointed or ordered services, as indicated further on by art. 14. In any case, Gruber has and accepts no responsibility or liability for any damage which may not be, intentionally or through negligence, a direct, immediate and predictable consequence of Gruber’s conduct. Gruber may and shall never be deemed liable or responsible for immaterial damages such as moral damage, image damage, damage derived from the loss of prestige or akin – nor may or shall she be deemed liable or responsible for sanctions or penalties defined between the Client and third parties which have not been agreed upon explicitly and in advance between the Client and Gruber. Gruber accepts no responsibility or liability for damage of non-contractual typology caused by third parties–including carriers appointed by Gruber in order to perform transport services. Gruber accepts no liability or responsibility for any fines, penalties, or any other kind of public or private sanctions resulting from administrative measures or procedures towards the Client. The Client has the obligation not to involve, and to keep Gruber safe from, any demands made by third parties in relation to the performance of her transport services. In case of damage ascribable to Gruber’s responsibility, it will be the Client’s obligation to assess it and quantify its amount by producing the relevant evidence and documentation. It is Gruber’s obligation to co-operate in the damage’s assessment and in the management of the relevant bureaucratic procedures by putting at disposal the documentation in her possession and by taking the measures necessary to retrieve the one not currently in her possession. In the carry out of her business activity, Gruber organizes her services in full autonomy, identifying and determine ingather discretion the modalities, routes, carriers and other suppliers of the transports, as well as reserving herself the right to make goods transfers from one means of transport to another, and to make changes to the transport routes or modalities. The Client has the possibility to put forward specific needs when asking for an offer as well as during the agreement’s negotiation, and/or to exercise its right of disposition at its own expenses during the subsequent phases.
Art. 7 – Client’s responsibility.
It is the Client’s obligation to make available to Gruber all information and documentation needed for the correct performance of her service. Information must be rendered in a clear, non-ambiguous and non-contradictory way. The Client must take their levant measures, and make there levant efforts, to ensure the quality of the service. This includes, but is not limited to, directly contacting and intervening by the goods loader, the recipient or the public authorities, as well as providing, when needed and without delay, the relevant instructions and directions–by its own initiative or on Gruber’s demand. The person who loads the goods on the vehicle always has and carries the full responsibility for their correct stowing and fixing – acting in accordance with, and ensuring the respect of all rules and regulations concerning weight and shape (including weight distribution). In case the loader does not coincide with the Client, the latter is jointly liable with the former for any damage caused to, or received by Gruber as a consequence of the incorrect or inaccurate loading or stowing of the goods. The Client is responsible and guarant or of the transported goods’ law fulness and licitness. The Client has the obligation and takes the commitment not to involve Gruber, and keep her apart from, any damage or expense directly or indirectly caused by, or linkable to, the failure to comply, even in a non-intentional way, to the relevant rules and regulations. It is the Client’s obligation to warn Gruber about the possible dangers or threats (for human health and safety, the environment, etc.) posed by the transported goods – both in the cases in which such dangers or threats are related to, and expressed by, the goods’ product typology or manufacturing sector, and in the cases in which such dangers or threats factually exist. The Client has the obligation to make sure that Gruber has properly and correctly understood the dangers/threats posed by the goods, and that she has explicitly accepted the provision of the service. Failure by the Client to fulfill such obligations constitutes a serious breach of the hereby contract’s Terms and Conditions, and puts upon the Client the duty to take charge on its own of all detrimental, prejudicial and damaging consequences stemming from it, with no involvement for Gruber whatsoever. The Client has the obligation to inform Gruber when the value of the transported goods exceeds € 1,000,000 (one million Euro) for a single load or transport. Failure to comply to such obligation constitutes a serious breach of contractual terms and conditions and carries as a consequence the limitation of Gruber’s responsibility to a maximum of €1,000,000 (OnemillionEuro). The Client is and remains the sole responsible for the safety and security of the places where loading and unloading operations take place, and where Gruber or any of her appointees may find themselves to operate. Gruber and her appointees have the obligation to comply to safety/security as well as behaviour rules and regulations as communicated upon entry into the loading or unloading site. Any damage or harm ascribable to absent, lacking, poor or in adequate safety or security rules and regulations or implementation of them, even when caused by Gruber or an appointee, remains under the Client’s sole responsibility. Art. 8 – Non-transportable goods.
Gruber does not accept orders or appointments for the carriage or shipment of the following goods: a) banknotes and credit instruments, precious metals and stones, jewelry, artworks; b) weapons and ammunitions (except armaments); c)waste products(except by-products and secondary raw materials); d) illegal goods (narcotics -drugs-, child pornography, fake money, fake stamps, products with counterfeit trademark or fake designation of origin, protected species, etc.); e) illegally trafficked/smuggled goods or goods derived from the commission of a crime or an offence; f) live animals. It is solely the Client’s responsibility to make sure that the transported goods do not fall within the above mentioned categories, Gruber’s possibility to refuse to execute the transport not with standing. It is solely the Client’s responsibility also to declare to Gruber the typology of the transported goods.
Art. 9 – Delivery times.
Registered Office: I – 39040 Ora (BZ), Via Nazionale 75, Company Stock: € 2.000.000 f.d. Tax code, VAT Number and Bolzano Register of Companies n.
IT00520690215, R.E.A. 84717, PEC: email@example.com. Company with single shareholder under the direction of Gruber Invest Srl. Offer Nr. 54/2021/MI
Through her organization, Gruber takes all measures necessary to make sure that all transports be carried out in the shortest time possible or, in any case, within normal delivery times – taking into account various conditions and circumstances such as distance between collection and delivery site, routes available, legal or public and or restrictions, weather or road conditions, unforeseen or unforeseeable events or circumstances.
In no case may Gruber be held responsible or liable for failing to deliver within the Client’s expected times, unless they have been previously and explicitly agreed upon, unless a specific extra-charge has been fixed for
them, and unless their peremptoriness has been clearly indicated in the official offer.
Art. 10 – “All-Risks” coverage.
The Client and Gruber may agree on an extension of Gruber’s responsibility according to the commonly so-called “all-risks” or “ad valorem” insurance. Accession to “All-Risks” coverage establishes and determines
Gruber’s obligation, regardless of rules and regulations applying to the specific carriage or shipment, to be held responsible/liable for any damage or loss up to the entire value of the damaged or missing goods. Upon
Client’s request, this value may be increased up to an additional 10%. “All-Risks” coverage applies to, and makes Gruber responsible/liable in the case of, force majeure events as well. Damage caused to the goods before their collection or after their delivery remains in any case outside the coverage’s scope, and so do: a) damage stemming from, or ascribable to, inadequate or missing packaging or protection; b) damage caused by nuclear energy or radioactive substances; c) damage caused by the requisition or taking into custody of the goods by public authorities when such measures are not ascribable to Gruber’s conduct or responsibility. “All Risks” coverage applies only when all of the following conditions are present: a) the insurance has been explicitly agreed upon in written form between Gruber and the Client; b) Gruber has charged a specific, additional charge for such coverage; c) the just-mentioned conditions have taken place before Gruber has taken in charge the goods.
Art. 11 – Working days.
Gruber normally operates on working days only, defined as weekdays from Monday to Friday, excluding public holidays. Unless otherwise specified, any term, deadline or obligation expiring on a non-working day is automatically postponed to the following working day.
Art. 12 – Force majeure.
Gruber is exonerated from the responsibility to carry out the received orders or appointments in case of force majeure. Force majeure events or circumstances include, but are not limited to: declared or de facto civil or international war, insurrection or uprising, strike, earthquake, flood, seaquake, exceptionally bad weather conditions, assault or robbery, requisition or taking into custody of the goods by public authorities when such measures are not ascribable to Gruber’s responsibility or conduct. Art. 13 – Limitation .
In accordance with, and by effect of, art.2964 et seq. of the Italian Civil Code, the Client loses any entitlement, actual or claimed, to act towards Gruber with regard to any delay, loss of goods or of parts of goods, director indirect damage of any kind or type or in any shape or form, as well as any erroneous or incorrect charges or akin, unless the reason for the claim or complaint has been clearly and specifically communicated in written form within the shorter deadline between the 90 days from the goods’ delivery and the 90 days from the service performance’s invoice issue. In case the shorter deadline may be to onerous for the Client’s exertion of its right, the longer deadline between the two will apply.
Art. 14 – Applicable law and enforceable legislation.
To the services performed by Gruber the following law and legislation as well as rules and regulations shall apply: a) for overland road transport services, overland combined road/rail transport services and combined road/sea transport services with departure and arrival within the territory of the Italian Republic, Italian law shall apply; b) for overland road transport services and overland combined road/rail transport services with departure from and/or arrival to a country other than Italy, mandatory, imperative and binding law with all relevant rules, regulations and provisions shall apply– and, subordinately, rules and regulations of the Geneva Convention of 19.05.1956 (“CMR Convention”); c) for sea transport services and combined overland/sea transport services with arrival to and/or departure from a country other than Italy, mandatory, imperative and binding law with all relevant rules, regulations and provisions shall apply –and, subordinately, rules and regulations as well as terms and conditions provided or recalled by the loading bill issued by Gruber and, in further subordination, Hague-Visby Rules as amended in the Brussels Protocolof23.02.1968; d) for air transport services and combined overland/air transport services mandatory, imperative and binding law with all relevant rules, regulations and provisions shall apply;e)for all matters not regulated by mandatory, imperative and binding law with all relevant rules,regulations and provisions, by the other above mentioned legal sources, or by the terms and conditions applicable on the basis of the agreement between the parties, the law of the Italian Republic shall apply on the basis of a residual criterion in the relations between the Client and Gruber.
Art. 15 – Jurisdiction and competence.
Any disputes or controversies concerning relations between the Client and Gruber regarding the matters regulated by the hereby General Terms and Conditions are under the exclusive jurisdiction of the Italian authority.
The competent court is the one of Bolzano. Art. 16 – Protection of consumers. The hereby article applies and has effect in the cases in which the Client takes the juridical shape of a consumer, defined as a natural person acting for purposes outside, or outside the scope of, his/her entrepreneurial, commercial, artisanal or professional activity. In this case, the provisions of this article shall prevail over the rules and regulations contained in the hereby General Terms and Conditions (and/or in other documents such as official offers and information or advertisement material) which may conflict or contrast with the content of the hereby article. The consumer Client is protected by the Italian “Consumer’s Code”(‘Codicedel Consumo’, Italian Legislative Decree n. 205 of 06.09.2005), which fully applies to the services provided by Gruber. When the purchase of the service takes place through distance selling or in a location other than Gruber’s headquarters, branches or facilities, the consumer Client has a right of withdrawal, which may be exercised within 14 days from the date in which the transport order or appointment is formalized, or within 14 days from the date in which the offer is accepted. Such right of with drawal may be exercised, without formal procedures and with no reason being given, by sending an electronic mail(e-mail)communication to the address shown on the official offer or, if no address is present, to the following e-mailaddress: firstname.lastname@example.org . The Client’s name as well as all essential information relating to the service(loading and unloading place, date, etc.) must be clearly and precisely indicated. In order to be effective, the communication of the withdrawal must arrive to the recipient at least72 hours before the date scheduled for the start of the service’s performance.
The exertion of the right of withdrawal entitles to the full refund of the paid amount with 14 days from its communication. For any disputes between the consumer Client and Gruber in relation to the services ruled and regulated by the just-mentioned contractual terms and conditions, the only competent court shall be that of the place where the consumer Client is headquartered – if such place is in Italy.
Art. 17 – Protection of privacy.
Gruber informs that all data requested to the Client upon commencement of the commercial relation are aimed solely and exclusively to the organization and performance of the services as found on the hereby General Terms and Conditions. The provision of the data is mandatory–in their absence, no services may be offered or performed. The data are collected and kept mostly in electronic format and protected in accordance with all basic requirements by the Italian law. The only ones who are allowed to consult and employ the data are persons and bodies within the organization who deal with, and take care or charge of, the service’s organization, invoicing and accounting, as well as the management of damage and legal controversies. The data may be communicated to persons, individuals, bodies or entities external to the organization only in order to guarantee the service’s performance (e.g..: sub-carriers o third party suppliers), and only with regard to the data strictly necessary for such purpose. The data may be used, within or without (inside or outside) the organization, in anonymous and aggregate form, for the sole purpose of statistical elaboration. No dissemination outside the organization may take place for advertisement of marketing purposes without the specific, written permission by the Client. The Client is entitled at any time to inquire about the origin of his/her personal data, the purposes and manner of their processing and employment, the devices and modalities used in their processing through electronic means, the holder of the data, the individual or body responsible for their processing as well as other individuals, bodies or entities who may acquaint themselves or receive information about such data. The Client may also at any time request the up-dating or rectification of the data, their erasure, their transfer into anonymous or aggregate form, or their blocking. The person/body responsible for the processing of the data is the legal representative of Gruber. Art. 18 –Code of Conduct. During the course of its relation with Gruber, the Client is aware of the fact that this Company is bound to the values, principles and obligations contained in her Code of Conduct. The full text of such code is to be found on the Company’s website at the following link: http://www.gruber-logistics.com/doc/codice%20etico%20ENG.pdf.
The Client is aware, and accepts the fact, that Gruber has no will or intention to keep or establish business or commercial relations with natural or legal persons, individuals, bodies or entities who/which do not share the values, principles and obligations contained therein. The violation or breach of the values, principles or obligations contained in the abovementioned Code of Conduct constitutes a reason for the interruption of the current business and commercial relations and/or the exclusion from possible future ones.
Art. 19 – Language
In case of doubt as well as in case of differences or discrepancies between the versions of the hereby General Terms and Conditions in different languages, the Italian version shall always prevail.