Markoni Global Logistics GmbH

General Terms and Conditions (GTC)

Businesscenter am Airport Stuttgart  ·  Esslinger Str. 7  ·  70771 Leinfelden-Echterdingen  ·  Germany
§1

Scope of Application – Business Transactions

These General Terms and Conditions apply to all freight forwarding, transport, warehousing, transshipment, customs clearance, air, sea, road, rail and multimodal logistics services provided by Markoni Global Logistics GmbH (hereinafter referred to as the "Forwarder").

Our services are provided exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).

All services are performed exclusively on the basis of the German Freight Forwarders' Standard Terms and Conditions 2017 (ADSp 2017) in their current version.

The ADSp 2017 become part of the contract upon placement of the order. They can be inspected at any time or provided upon request.

Deviating terms and conditions of the customer shall only apply if expressly agreed in writing.
§2

Conclusion of Contract / Text Form

Offers are non-binding and subject to change.

A contract is concluded either by confirmation of the order in text form or by performance of the service.

Amendments and supplements must be made in text form.

§3

Scope of Services / Subcontractors

The scope of services is determined by the individual order.

The Forwarder is entitled to engage carriers, sub-carriers, air carriers, shipping lines, handling agents or other third parties.

Fixed delivery dates shall only apply if confirmed in writing.

§4

Obligations of the Customer

The customer must provide complete and accurate information regarding weight, dimensions, value and nature of the goods.

  • Goods must be packaged in a transport-safe manner.
  • Proper marking obligations must be fulfilled.
  • Dangerous goods must be correctly declared.
  • Export control and customs regulations must be complied with.
The customer shall be liable for all damages, fines and costs resulting from incorrect or incomplete information.
§5

Dangerous Goods

Dangerous goods must be fully declared in writing. All required documentation must be provided.

The customer shall bear all costs and damages resulting from violations.

Undeclared dangerous goods entitle the Forwarder to terminate the contract without notice.
§6

Export Control / Sanctions

The customer guarantees compliance with all applicable export control and sanctions regulations.

The Forwarder may suspend or refuse orders in case of suspicion. Costs arising from inspections or delays shall be borne by the customer.

§7

Prices / Additional Costs

The following additional charges may apply:

  • Demurrage for waiting times exceeding 2 hours.
  • Empty trips, demurrage and detention charges.
  • Customs, security and handling fees.
  • Fuel surcharges and terminal charges.
§8

Payment Terms

Invoices are payable within 14 days without deduction.

Set-off is only permitted with undisputed or legally established claims.

Statutory lien rights under the German Commercial Code (HGB) remain reserved.
§9

Loading Equipment / Pallets

  • Euro pallets must be returned on an exchange basis.
  • Missing pallets will be invoiced.
  • Objections must be raised within 7 days.
§10

Force Majeure

No liability shall apply in cases of natural disasters, strikes, war, pandemics, governmental measures or cyberattacks beyond the Forwarder's control.

§11

Liability

Liability is governed by Sections 425 et seq. of the German Commercial Code (HGB) and the ADSp 2017.

Liability pursuant to Section 431 HGB is limited to:

Per kg
8.33 SDR per kilogram of gross weight of the lost or damaged goods.
Per case
Maximum EUR 1.25 million per individual damage case.
Per event
Maximum EUR 2.5 million per damage event regardless of the number of cases.
Sea carriage
2 SDR per kg for multimodal transport including sea carriage. SDR conversion based on the rate applicable on the date of the damage event.
Road (int'l)
The CMR Convention applies to international road transport in addition to the above.
Indirect damages and loss of profit are excluded to the extent legally permissible.
§12

Insurance

Insurance coverage shall only be provided upon explicit instruction and against separate remuneration.

§13

Data Protection

Personal data is processed in accordance with the General Data Protection Regulation (GDPR). Please refer to the separate Privacy Policy.

§14

Jurisdiction / Applicable Law

German law shall apply exclusively.

Place of jurisdiction: Leinfelden-Echterdingen / registered office of the company.
§15

Severability Clause

Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.

Markoni Global Logistics GmbH  ·  Version 2025  ·  All rights reserved
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