Terms and Conditions

1. Applicability of General Terms and Conditions

These General Terms and Conditions (AGB) apply between the client and Heinrich Koch Internationale Spedition GmbH & Co. KG for all contracts related to the execution of national and international transportation services, as well as potentially additional insurance services, regardless of how they are concluded. In the following, Heinrich Koch Internationale Spedition GmbH & Co. KG will be referred to as “us” or “we.”

Deviating conditions of the client do not become effective, even if we do not expressly object to them.

These AGB apply only if the contractor is a business entity according to § 14 BGB (German Civil Code). We do not provide services to private individuals (consumers).

2. Conclusion of Contract

2.1 Orders can be placed via our form on the website, by email, or by phone.

2.2 When placing an order, the client must provide the following information: company name, authorized representative, registered office, VAT ID number, contact person, pickup address, destination address, shipping date, description of the goods to be shipped, including weight and volume.

2.3 In case of erroneous or incomplete data, for which the client is at fault, we are entitled to charge a data correction fee of €10.00 per transaction.

2.4 We will confirm the order by email within one hour after booking.

3. Cancellation

3.1 Bookings in the less-than-truckload (LTL) sector (up to 2,500 kg or 6 pallet spaces or 2.5 loading meters) can be canceled free of charge up to one day before the pickup. We also have this right of cancellation within the specified period. Cancellation can be done by email.

If the client cancels an order without complying with the mentioned deadline, we are entitled to charge a cancellation fee of €29.50.

3.2 Bookings in the full-truckload (FTL) and truckload (TL) sector (from 2,501 kg or 7 pallet spaces or 2.51 loading meters) can be canceled free of charge up to two days before the pickup. We also have this right of cancellation within the specified period. Cancellation can be done by email.

If the client cancels an order on the day before the pickup, we are entitled to charge a cancellation fee of 70% of the freight cost.

This fee increases to 100% of the freight cost in the case of cancellation on the day of pickup.

The client is entitled to prove that no damage has been incurred by us in the amount claimed.

3.3 We are entitled to cancel the order if:

• The client has provided incorrect information about their solvency.
• The client has not provided or has provided incorrect information according to section 2.2 before the booking is carried out, or if there are circumstances indicating fraudulent behavior by the client or a party involved in the contract.

4. Hazardous Materials

4.1 The following hazardous materials cannot be transported.

Designation	Class	Prohibited (LCL)
Explosive Materials	1	Completely Prohibited
Gases	2	Goods falling under Table 1.10.3.1.2 Classification codes: T, TF, TC, TO, TFC, TOC UN 1057 Lighters, refill cartridges, if packaged according to SV 658 (if packaged according to SV 658, not via HUB)
Flammable Liquids	3	Goods falling under Table 1.10.3.1.2 Classification code: D
Flammable Solids	4.1	Goods falling under Table 1.10.3.1.2 Classification codes: D, DT, SR 2 and SR 1 (here UN 3221/ 3222), PM 2
Self-igniting Substances	4.2	UN 3127/ 3255
Substances that emit Flammable Gases with Water	4.3	UN 3133
Substances with a propensity to Spontaneously Ignite	5.1	UN 3100/ 3121/ 3137
Organic Peroxides	5.2	Classification code: P1/ P2 only UN 3101, 3102/ 3111 to 3120
Toxic Substances	6.1	Goods falling under Table 1.10.3.1.2 Packaging Group I (also as an additional hazard)
Infectious Substances	6.2	Completely Prohibited
Radioactive Materials	7	Completely Prohibited
Corrosive Substances	8	UN 1798/ UN 1790
Various Hazardous Substances and Articles	9	UN 3268
All Waste		Prohibited

4.2 Other hazardous materials not listed in the preceding clause 4.1 cannot be transported to the following countries:

Finland, Norway, Sweden, Denmark, United Kingdom

4.3 If hazardous materials are being transported, the client must provide the driver with the ADR transport document in duplicate upon collection.

5. Other Goods Excluded from Shipment

5.1 Excluded from shipment and liability are:

• Goods whose possession and shipment are prohibited.
• Goods that pose a threat to health, safety, or property.
• Perishable or temperature-controlled goods (especially fresh food items).
• Spirits and tobacco products.
• Optical devices, entertainment electronics, telecommunications equipment, computer equipment including accessories, chip and phone cards, whose value exceeds €100,000 per shipment.
• Animals and plants.
• Motor vehicles.
• Loose, non-underfitted packages with an individual weight greater than 30 kg.
• Packages with a height of more than 2.30 meters or an individual weight of more than 1,000 kg or a length of more than 5.99 meters (in the general cargo area up to 2,500 kg or 6 pallet spaces or 2.5 loading meters).
• Items to be towed or salvaged.
• Art objects and paintings.
• Unpackaged goods, especially used furniture.
• Private goods and household goods.
• Used engines.

5.2 For inquiries regarding the transportability of goods, the client can contact our customer service at digi@koch-international.de.

6. Client’s Right to Issue Instructions

6.1 To specify the services, the client has the right to issue job-specific instructions. If instructions are insufficient or not feasible, we may act at our discretion.

6.2 In principle, we will comply with the instructions of the client. If there is an obvious error or impracticability in their instructions, we will bring it to the client’s attention. However, if the client insists on carrying out the given instruction, we will not be liable for any damages or disadvantages resulting from the execution of the instruction.

7. Transport Processing

7.1 We have the option to carry out the transportation ourselves in accordance with legal regulations (self-performance) or to enter into corresponding execution contracts with third parties.

7.2 If we enter into execution contracts with third parties, we will provide the client with their names and addresses upon request.

7.3 We will exercise our discretion in choosing the means of transportation and are free to enter into any execution contracts regarding this matter.

7.4 If goods remain with our partner due to non-delivery for an extended period, we reserve the right to charge storage fees of €5.00 per packaging unit per calendar day, starting from the third working day.

7.5 In the case of unsuccessful delivery attempts (for delivery or pick-up), we reserve the right to charge fees for a repeated pick-up and/or delivery amounting to 30% of the freight price.

7.6 The indicated pick-up dates are approximate. Transit times are standard and are generally adhered to. Transit times cannot be guaranteed for consolidated cargo.

8. Client’s Responsibilities

8.1 The client shall hand over the goods to us or the third parties appointed by us for transportation at the agreed time and place as specified in the freight contract.

8.2 The transported goods must be securely packaged and labeled.

8.3 Before handing over the transported goods, the client shall provide us with all necessary information and documents as per Section 3 of ADSp 2017.

8.4 Spedition Koch is entitled to carry out shipment in a consolidated load (§ 460 HGB).

8.5 Unless circumstances or common practice dictate otherwise, the shipper is responsible for securely loading, stowing, securing, and unloading the goods. The driver is only an agent for loading and unloading.

9. Prices, Invoicing, Payment

9.1 Prices stated on our website are in Euros and exclude VAT.

9.2 Upon booking the transport, we will send an electronic invoice to the client. Payment is due within 14 days.

10. Insurance

10.1 Upon request, we will provide evidence of our insurance coverage to the client.

10.2 We are authorized but not obligated to arrange insurance for the goods.

10.3 The client can obtain transport insurance for shipments through us upon separate instruction and at the client’s expense. The cost of insurance is determined based on the value of the goods.

10.4 For unpackaged goods or goods with inadequate packaging for multiple transfers, Spedition Koch and the service providers used by Koch shall not be liable in case of damage.

10.5 For shipments with a separate transport insurance arranged through the insurer of Spedition Koch, there is no direct claim against Spedition Koch in case of damage, only against the insurer.

10.6 Offsetting of damage claims against freight costs is not permitted.

10.7 In case of damage, only the client is entitled to claims for shipments sent “freight prepaid.” In case of damage, the claimant is obligated to mitigate the damage. The claimant must submit the following documents for the damage process: a damage invoice issued to Spedition Koch and a copy of the delivery invoice. Additionally, the weight of the damaged goods must be provided.

10.8 For clients who have not obtained separate transport insurance through Koch, Spedition Koch is liable to the claimant in case of damage in accordance with the liability limits of ADSp 2017.

11. Exchange of Pallets and Euro Pallets

11.1 The exchange of Euro pallets or grid boxes is not available for B2C shipments (delivery to private customers).

11.2 Exchange of Euro pallets and grid boxes is available in the following countries. Exchange of packaging materials is not available in countries not listed:

• Belgium
• Germany
• Luxembourg
• Austria
• Netherlands
• Switzerland

12. Country-Specific Regulations

Poland: Mandatory data collection for Baltic/Russian/Ukrainian/Commonwealth of Independent States (GUS) shipments in transit through and to Poland (SENT).
Hungary: Electronic Control System for Freight Traffic (EKAER).
13. Final Provisions

13.1 The client is entitled to set-off or retention rights only to the extent that their claim is legally established or undisputed.

13.2 The place of jurisdiction is Osnabrück.

13.3 In addition to these General Terms and Conditions, the ADSp (currently ADSp 2017) in their respective valid version apply.