General Terms and Conditions (GTC) – BKD Service GmbH

BKD Service GmbH

Auf dem Steinacker 6H, 51515 Kürten
Branch: Neu-Ulm
02268-908819 / 0171-6842119
info@bkdservice.de

§1 Scope of Application

These General Terms and Conditions (GTC) apply to all transport and logistics services of BKD Service GmbH.
Any deviations require written form.

§2 Basis of Contract

Our transports are carried out exclusively based on the General German Freight Forwarders' Terms and Conditions (ADSp), in their latest version.
Additionally, the statutory provisions of the German Commercial Code (HGB) on freight business apply.

§3 Transshipment Prohibition

A strict transshipment prohibition applies. Transshipment or partial unloading during transport is only permitted with the express written consent of BKD Service GmbH. If such permission is granted by BKD Service GmbH, the carrier must proceed with due diligence.

§4 Pallet Exchange

  1. Expendable EU pallets and mesh boxes must be exchanged both at the sender and the recipient.

  2. If no exchange takes place, the contractor is obligated to independently provide compensation within 14 days.

  3. Non-exchanged pallets will be charged as follows:

    • €15 per Euro pallet

    • €90 per mesh box

    • €10 per DD-pallet
      plus a handling fee of €20, which will not be canceled in the event of later return.

§5 Standstills

Downtime at the loading and unloading site will not be compensated unless an alternative agreement has been made.

§6 Documentation & Payment

Delivery receipts and any loading equipment receipts (transport receipts) for all shipments of the contracted transport must be provided electronically by the transport contractor within 5 working days after delivery of the shipments, maintaining shipment reference. At the customer's request, loading equipment, etc., original documents may be required alongside electronic transmission in the transport order. These requirements apply prior to the standard case. The transport contractor must also make the delivery receipts electronically available in advance. The deadline for submitting the original documents is 10 days. If the transmission deadlines mentioned above are exceeded without prior agreement, BKD Service GmbH is entitled to charge a flat processing fee of €35 per order as compensation for effort.

In addition to the transport receipts, the transport contractor must transmit loading and unloading events via electronic platform according to the transport order within one hour to BKD Service GmbH. If a delivery/loading equipment receipt is not submitted to BKD Service GmbH, BKD Service GmbH is entitled to withhold the payment for the respective transport until the missing documents are presented by the transport contractor (TU). This applies to both electronic and original documents. The original documents, if not already submitted by TU after the order execution, must be kept for 5 years until the end of the calendar year and must be available in original upon request.

Compensation for the agreed freight and any explicitly agreed additional fees occurs exclusively based on a credit note procedure by BKD Service GmbH.

As a payment term, 60 days are generally agreed upon after delivery of all delivery documents and delivery proofs, without any note of damages.

§7 Subcontractors

The use of subcontractors without written consent from BKD Service GmbH is prohibited.
Violations may lead to contract termination.

§8 Minimum Wage Act (MiLoG)

The contractor commits to complying with the regulations of the Minimum Wage Act (MiLoG).
They confirm only using personnel who have the necessary permits and agree to provide corresponding proof upon request.

§9 Liability & Insurance

German law applies. In particular, the statutory provisions of the HGB / GüKG apply to domestic transports; in cross-border traffic, the CMR predominates.

The sub-contractor (TU) is liable within the framework of the statutory regulations. The TU is furthermore liable to BKD Service GmbH for domestic transports in case of loss/damage with 40 Special Drawing Rights per kilogram of gross weight of the consignment. If BKD Service GmbH has a lower liability towards its client, BKD Service GmbH will inform the TU after the occurrence of the damage. In this case, the liability of the TU is limited to the liability amount agreed between BKD Service GmbH and its client. In international road freight transport, the mandatory provisions of the CMR apply. For cross-border traffic transports, the TU guarantees the conclusion of a cargo liability insurance within the liability limit of the CMR.

§10 Place of Jurisdiction

Jurisdiction for all disputes is Bergisch Gladbach.
Exclusively the law of the Federal Republic of Germany applies.

§11 Data Protection

The BKD Service GmbH processes personal data solely for the purpose of order processing.
Further information can be found in the Privacy Policy, which is available upon request.

§12 Severability Clause

Should any provisions of these General Terms and Conditions be wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.

BKD Service GmbH

Auf dem Steinacker 6H
51515 Kürten
info@bkdservice.de
02268-908819