Terms & Conditions
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Overview
1. Informations agreement
– Order acceptance
– Subsequent cancellation
– Changing license plates
2. Billing agreement
– Factoring note
3. General Terms & Conditions
– Previously
– General agreements
– Special agreements
– Order acceptance
– Subsequent cancellation
– Parking
– Insurance
– Loading equipment
– Demurrage / Diversion freight
– Loading dates, delivery times
– Minimum wage law
– Liability
1. Informations agreement
By accepting this order/load, you as the freight forwarder undertake to keep us informed about the status of the order/load. Status reports are sent by you independently to status@logilab.pro and include the approximate arrival at the loading point before loading, notification of successful loading, approximate arrival at the unloading point and successful unloading. You are obliged to inform us immediately of any irregular processes, deviations, delays or problems.
1. Please note that as a freight carrier you are obliged to inform us immediately of any any irregular processes, deviations, delays or problems.
2. You are obliged to inform us that the goods have been loaded smoothly and on time per email to status@logilab.pro or to the email address of the dispatcher responsible for you. If you do not fulfill this obligation, we will deduct 29,00 EUR from the invoice/freight amount.
3. Sie sind verpflichtet uns binnen 24 Stunden nach der erfolgreichen Entladung alle Ablieferbelege/Frachtunterlagen als Fotos vom jeweiligen Fahrer (Klar, leserlich und deutlich) oder als Scans zukommen zu lassen.
PODs/CMR documents (+ in the case of an exchange of loading equipment, pallet papers) must be sent to us immediately (as a photo from the carrier), but no later than 24 hours after unloading, in the case of an exchange of loading equipment if agreed, a later return then by late 14 days after discharge. If you do not fulfill this obligation, we will deduct 49,00 EUR from the invoice/freight amount.
In urgent cases, please contact the dispatcher responsible for you. You can reach them by email or telephone during our business hours.
4. Changing license plates
If license plates were sent when the order was placed and fixed in the order, and the vehicle and thus the license plates subsequently change, then you must inform us of this yourself at least 6 hours before loading. If you don’t do this, forget it or something similar, you accept that we will deduct a flat rate of 59,00 EUR from the freight invoice.
2. Billing agreement
Previously: All documents must be submitted as separate PDFs. All documents must be clear, legible and not blurred. If they are unclear, illegible, blurred or similar, they will be rejected without comment, even with reservations. After successful completion of the order, please send us your accounting documents within 10 days at the latest.The agreed payment period begins when you send us your complete accounting documents by email. Please read the following Billing Agreement carefully and please note our guidelines. We only accept your invoice documents by email to invoice@logilab.pro. Sending them to other email addresses or to the account manager with whom you discussed the order will not be processed by the accounting department!
1. Composition of your documents as follows:
1x Invoice / 1x Fright Order / 1x All proof of delivery (Included in the case of loading equipment exchange, the certificate of this) – POD / CMR (ONLY SCANS – NO PHOTOS!)
to invoice@logilab.pro – Each document in a separate PDF file!
2. The payment term agreed here begins with receipt of all documents by email (invoice, freight order, all delivery documents – CMR, etc.). If this is not the case or it subsequently turns out that your documents are incomplete, the payment term will be suspended from the date of receipt of the complete or completed documents.
Please send all documents exclusively by email to invoice@logilab.pro.
Please note that if the delivery note is illegible, unclear or partially cut off, we will not be able to process your invoice and there will be no payment.
We work exclusively digitally, for this reason please do not send us invoices or associated documentation by POST!
3. We also ask you to note that when you accept the order/load, you as a freight carrier are obliged to prove that you have sent us the documents on time! If we do not receive any documents, you do not have the right to later send us an invoice that may or may not be long in the past and demand immediate payment, unless of course you can prove that you have already sent it at an earlier date.
4. All documents for successful and agreed payment must be sent within 10 days of unloading. If you do not submit this within this deadline, we will deduct 50,00 EUR from the agreed freight amount. The exception to this is the case where the loading equipment has to be returned. You have 14 days to do this and the above-mentioned First begins 24 hours after the successful return.
Only complete invoice documents will be accepted via email exclusively to invoice@logilab.pro.
Please note that if you do not submit your documents on time, but later send a past invoice or send a backdated invoice and demand immediate payment due to alleged delay, you are obliged to prove that you sent us the invoice at an earlier date in full by email have sent in.
Please note that the EU data protection law states that internet data is stored by the providers for 6 months. Therefore, please understand that we digitally check screenshots for authenticity!
We work exclusively digitally, which means we ask you not to send us Invoices, Pods and other originals by post! Please note that sending by post will not be accepted as a legitimate submission date. We only accept invoices and documents via email!
4. Factoring note:
We do not accept factoring without prior consultation and written consent. If you intend to settle through factoring, we kindly request that you inform us comprehensively beforehand. This includes providing us with the complete name of the factoring entity, its address, and banking details.
We reserve the right to reject certain factoring arrangements without providing reasons. Please note that any invoicing through factoring without prior consent will be deemed invalid. Such invoices will not be processed until you personally and under your own name settle the respective transaction and submit all necessary documents.
In principle, if you agree to billing via factoring, we will charge a processing fee of 50,00 EUR, which will be deducted from the invoice total.
3. Terms and conditions
1. Previously:
upon receipt with all supporting documents. As discussed reconfirm this order within 10 minutes. With the acceptance of this order you expressly declare the compliance with the regulations of the MiLoG We do not accept invoices by mail In case of non-compliance with the following GTC’s a freight reduction of 45,00 € will be made Your driver is responsible for both loading at loading points and unloading at unloading points.
By accepting a freight order by email or by returning a signed order by email or fax, you confirm that you have read our (1.) Information Agreement, (2.) Billing Agreement and (3.) Terms & Conditions and accept them.
2. General agreements:
The following agreement shall apply to all activities of the carrier and shall also apply to future transport orders, unless and until otherwise agreed.
The sequence of loading / unloading points must be strictly adhered to.
In case of delays / problems in the transport process and damage to the cargo, LOGiLAB Logistic & Trade d.o.o. (HR) (or the respective contact person) must be informed via e-mail or status report using our online facilities at www.logilab.pro. All vehicles must be in clean and technically/optically perfect condition. In the case of tarpaulin vehicles, all aluminum or wooden boards must be in place. 12 Straps / locking bars for securing the load must be carried! In case the truck cannot be loaded by the customer due to technical deficiencies (e.g. tarpaulin leaking, technical deficiencies, condition of the loading area etc.) the carrier will immediately provide a replacement truck. LOGiLAB Logistic & Trade d.o.o. (HR) must also be informed about this immediately.
The transfer of the order to third parties without prior written consent is prohibited! Transhipments or additional loads are forbidden. For German National transports a basic liability of 40 SDR/kg gross according to § 449 II sentence 2 number 1 HGB is agreed. Deadlines must be observed.
3. Special arrangements:
Unitary takeover is requested. The drivers are obliged to carry all transport documents and identification papers, driver’s card and driver’s license.
If the carrier is responsible for loading/unloading or lashing, he shall check accordingly. During the entire transport route, the carrier/driver is responsible for the continuous securing of the load in a manner safe for transport and for the proper subsequent securing of the load. Even in the case of partial unloading, appropriate load securing or subsequent securing must be ensured up to the last unloading point.
The truck used must be suitable for carrying out the transport and in technically perfect condition. The superstructures must be tight, clean and odor-free; in case of damage due to moisture penetration, we will hold you liable.
Deviations (number of pieces, quality, delays etc.) must be reported immediately and acknowledged on the consignment note. If there are indications on site, in particular on the basis of the loading documents or otherwise, that the consignment values are considerably higher than the specified values, instructions must be obtained immediately from LOGiLAB Logistic & Trade d.o.o. (HR).
The carrier must ensure that the vehicles are equipped with suitable load securing equipment (e.g. locking bars, partition wall fasteners, lashing straps, chains, nets and anti-slip mats) on board. Safety shoes are required in any case! If these criteria are not sufficiently available, retrofitting will be carried out against reimbursement of the expenses incurred on the basis of the price list of LOGiLAB Logistic & Trade d.o.o. (HR).
The freight charge shall be due upon presentation of all verifiable original transport documents, in particular delivery receipts with date, signature (name also in plain writing), stamp, time, consignment note, copy of the transport order, pallet exchange receipts from the consignor/consignee, etc.
The carrier is responsible for ensuring that the social law, labor law, tax law and other relevant legal regulations applicable to its own driving personnel are complied with.
You as the carrier assure that you have the necessary permits and authorizations for the transport according to §§ 3,6 GüKG, n.F. (permit, EU-license, third country permit, CEMT-permit), which has the necessary work permits.
4. Order acceptance
This order is considered accepted if you do not object or do not immediately reject the same order within 60 minutes / 1 hour after receipt. For orders whose loading is 48 hours or more in the future, we also accept cancellations up to 3 hours after order acceptance. After that, what is stated under order cancellation in our Terms & Conditions applies
5. Order cancellation / subsequent cancellation
a.) Please note that after accepting and confirming this order, you have exactly 60 minutes/1 hour to cancel it without giving reasons. For loads/orders 48 hours or more in the future, we also accept cancellations in the first 3 hours.
b.) Thereafter, cancellation of a confirmed/accepted order/load is subject to a charge!
c.) By accepting this order/load, you first agree that if you cancel under the conditions stated (under “a.”), we will charge you a cancellation fee of 20% of the agreed order value, but at least 145.00 EUR (flat rate – payable within 7 days of receipt of the invoice).
d.) In addition, by accepting the order/load, you accept that all costs incurred that we can prove, ranging from additional costs in re-awarding the order/load to claims for damages by our customer, can be passed on to you and you will bear these in full will pay (also payable within 7 days of receipt of the invoice).
6. Parking in guarded parking lots:
Stopovers may only be made at guarded parking lots. Before taking over the transport, the carrier used shall clarify the route and shall
ensure, by means of suitable routes, that the driver uses only guarded parking areas in the event of breaks in the journey which are nevertheless necessary. The list of guarded truck parking places of the IRU is known. If guarded parking lots are not available, the route as well as the departure and estimated arrival time must be planned in such a way that the truck does not have to be parked unguarded at night. A driver remaining in the vehicle who is not active is not considered to be guarding.
Regardless, trucks shall be equipped with commercially available anti-theft devices.
Before resuming the journey after interruptions in operation, the driver must in any case make a tour of the vehicle (team) and, in addition to checking the roadworthiness of the locks, check that any seals are intact and, in the event of any abnormalities, immediately request instructions.
In case of agreement of certain delivery modalities to reduce the risk of theft, the driver is only entitled to make the delivery to the persons foreseen in the transport order in compliance with the specifications. Changing the specifications during the transport is excluded for security reasons.
The drivers are to be sufficiently informed of the theft problem and their corresponding duties to secure the goods verbally and in writing per driver instruction by means of a driver instruction sheet regarding guarded parking spaces (see list of IRU on the Internet at http://www.iru.org/PublicationsAbstract/81.E-Mail.html). Receipt of the instruction sheet must be confirmed by the driver.
If a case of damage nevertheless occurs, it is important that the carrier can prove that he has taken the necessary organizational measures by instructing his drivers or assigned sub-carriers accordingly.
7. Insurance:
The carrier is obliged to cover and maintain liability through insurance. The sum insured shall be at least 600.000,00 EUR. In case the insurance coverage is limited to less than 1.000.000 EUR million insurance coverage in case of qualified fault (§ 435 HGB (German rights), Art. 29 CMR), the carrier shall notify this in writing before taking over the order. If the annual insurance coverage is exhausted, the carrier is obliged to immediately purchase additional insurance coverage. The insurance confirmation and the proof of premium payment shall be presented upon first request.
8. Loading equipment:
If goods are taken over on Euro / lattice box pallets etc. other means of exchange, these must be exchanged free of charge immediately, but no later than 14 days after the respective unloading date. Originals of the loading equipment bills are to be presented at the time of settlement. After unsuccessful expiry of the deadline, the client is entitled without further ado to charge damages for each europallet/box pallet not exchanged in due time and return costs in the net amount 27,00 EUR (europallet and 108,00 EUR (box pallet). Exchange items returned after the deadline cannot be taken into account. The barter transaction shall be governed by the provisions of the applicable liability regulations (HGB (German rights)/CMR). The Contractor shall recognize any settlement of the loading equipment as final if he does not object in writing within 7 working days after the date of dispatch of the settlement. Any claims exceeding this period shall be forfeited after expiry of this period.
9. Demurrage / Diversion freight:
Demurrage charges require a written agreement in each individual case to be effective. In the event that reasonable loading times are threatened to be exceeded, instructions must be obtained from the customer without delay. Compensation for damages due to exceeding the loading/unloading times up to 12 hours per event are included in the agreed freight price and otherwise excluded, such and demurrage for Sundays / and holidays are included in the price. If it comes as a result of a disposition of the consignor to the approach of a further place of delivery or if the distance of the journey is reduced, then an appropriate, proportionally calculated freight corresponding to the actual distance is owed. A right of retention or lien due to demurrage and possible forwarding freight is excluded in this context. Furthermore, it is agreed that claims for compensation in case of transport damages can be settled. Transportation by air freight or air substitute transport is excluded.
10. Loading dates, delivery times
In the event of delays and late arrivals at the place of loading and unloading, we adhere strictly to international CRM law. This means that you can be held liable if costs are incurred by our customer.
Special clause:
By accepting this freight order you expressly agree:
1. “Delay at the place of loading” by more than one hour / 60 minutes, you give us the right to deduct 100,00 EUR from you as a lump sum and without giving any further reasons. 2. “Delay at the place of unloading” by more than one hour / 60 minutes, you give us the right to deduct 100,00 EUR as a lump sum and without giving any further reasons.
By accepting this freight order, you expressly agree to this clause and thereby assure us that you will act in the best possible way and without placing yourself behind the protective shield of simple CMR law, simply not adhering to the loading and unloading times specified in advance and later contractually determined by acceptance of the freight order.
Please note that this special clause refers to the freedom of contract.
Any further compensation for damages shall remain unaffected in both cases. Unloading dates shall be deemed to be delivery times within the meaning of Art. 19 CMR. The Contractor acknowledges that compliance with delivery dates is of particular importance to us. Before accepting the transport order, the contractor must check whether the delivery date can be met.
11. Minimum wage law:
The carrier confirms that he employs his workers according to the minimum wage of the respective country. You also confirm that you will monitor this and indemnify us, the LOGiLAB Logistic & Trade d.o.o., from any financial and legal damages in case of possible non-compliance and that you will fully bear these costs if incurred.Choice of Law / Place of Jurisdiction – Croatian law applies, place of jurisdiction is agreed to be Zagreb (HR). More about minimum wage law here.
Contracting Parties / Invoice / Payment
The freight order in the sum contract is concluded LOGiLAB Logistic & Trade d.o.o., Jurisiceva Ulica 19, 10000 Zagreb (HR) -VAT: HR12611085555.
Both companies are equally liable for all liabilities towards transport companies. Both companies have the obligation and the right to enforce all conditions agreed here from the order, the INformation Agreement, Billing Agreement, Note of Billing, Terms & Conditions against the transport company.
The payment details are always stated in the freight order to the left of the freight order. Please send the invoice to invoice@drive.logilab.pro. If you do not send us the invoice including the associated documentation within 10 days, we will deduct 59,00 EUR from the freight order.
Liability:
If you breach the terms of this entire agreement consisting of the Information Agreement, Billing Agreement, Note of Bill or Terms & Conditions, we reserve the right to issue you a counter-invoice without further notice and to automatically offset this against your freight invoice. Following our reduced payment, you will only receive a counter-invoice.
In all other cases, such as damage to the goods or other unforeseeable claims by our direct or indirect clients, we will hold you liable, declare liability immediately, but no later than 14 days after the end of the damage event, and send it to you.
You then have the right to prove the opposite at any time.
4. Minimum wage agreement
The carrier confirms that he employs his workers according to the minimum wage of the respective country. You also confirm that you will monitor this and indemnify us, the LOGiLAB Logistic & Trade d.o.o., Jurišićeva ulica 19, 1000 Zagreb (HR) from any financial and legal damages in case of possible non-compliance and that you will fully bear these costs if incurred.
1. Obligations under the Minimum Wage Act (MiLog)
The contractor undertakes to do so during the term of the contract
a.) to pay the minimum wage of the respective company’s country of origin to all employees employed in the country in a timely manner in accordance with the respective MiLoG.
b.) in accordance with the respective Occupational Safety and Health Act, to record the start, end and duration of the daily working hours of its employees no later than the end of the seventh calendar day following the day of work and to keep these records for at least two years, starting from the for
record at the relevant time,
c.) in accordance with the respective MiLog, as an employer based abroad, a written registration of the respective employee in the respective language with the respective Ministry of Labor and Customs before the start of each work service
In the event that the contractor uses a subcontractor, he must obligate him accordingly in accordance with sentence 1.
2. Contractual penalty
If the contractor culpably violates the obligations under Section 1, he is obliged to pay a contractual penalty for each case of violation in an amount to be determined by the client at his reasonable discretion and verifiable by the responsible local or regional court.
3. Cancellation option
If the contractor culpably violates the obligations under Section 1, the client is entitled to terminate the contractual relationship with the contractor without notice – without observing a deadline – without the need for a prior warning.
4. Release Agreement
The contractor releases the client from all third-party claims that are based on a violation of his obligations under the Minimum Wage Act or on the violation of the obligations of subcontractors/lenders commissioned by him under the Minimum Wage Act. This indemnification obligation applies to both civil liability and fines imposed on the client due to violations by the contractor or subcontractors employed by the contractor. The obligation to provide exemption also expressly applies to claims from social security agencies and tax authorities.
5. Obligation to submit documents
Upon request, the contractor is obliged to provide the client with all (remuneration) documents that the client needs to check compliance with the respective MiLoG. The obligation to submit can also take the form of a certificate from the contractor’s tax advisor, in which he confirms that the obligations under the respective MiLoG have been complied with by his client, the contractor.
6. Clearance certificate
The client is entitled to regularly request a certificate in tax matters (tax clearance certificate) from the contractor. The contractor is obliged to obtain this immediately upon first request from the responsible business premises tax office and to present it to the client.
X.) By accepting the order/load, you assure that you will comply with the above-mentioned points and, in the event of an emergency, undertake to disclose and cooperate with us and/or authorities.
5. Document retention obligation
Please note: This is required of you because we rely exclusively on digital processing and therefore want to simplify the entire process for you.
By digitally delivering delivery documents, PODs, orders and invoices, we make it easier and faster for you to pay.
However, this has the consequence that the originals must still be kept, even if they can remain with you.
1.) We ask that you do not send us any delivery documents or other originals by post. As the carrier, you are aware of all previous information and practices in logistics and are obliged to keep these documents.
1.1.) We inform each of our customers that we pass on the freight to carriers.
2.) Depending on the country of origin of your company, you are obliged to keep the documents with you for 7 – 10 years and, if necessary, to send them to us.
2.1) All documents received during a shipment, starting with PODs, delivery notes or other handwritten papers, must therefore be carefully stored.
2.2) Proof of physical ownership can be requested from us at any time and for up to 10 years from the day of unloading.
3.) In all cases, in addition to physically, securely storing all documents, we also recommend that you digitize them and have them valid in any case.
X.) By accepting the order/load, you assure that you have read this, have understood it and you also assure that you will store the documents in accordance with the specifications and, if necessary, send them to us within 7 working days, whether as an original or again in digital form Shape as needed.
6. Final declaration
Please note that by accepting a freight order from us you agree to and accept all of the provisions made here:
1. you agree to: the information agreement
2. you agree to: the billing agreement (including factoring note)
3. you agree to: our Terms & Conditions
4. you agree to: our Minimum wage agreement
5. you agree to: our Document retention obligation
6. You agree: that the court location is Croatia – Zagreb (HR) and that proceedings will be carried out in accordance with Croatian law.
7. You agree to: our contractual penalties for non-compliance with the requirements here (1.), (2.), (3.). (4.), (5.) and (.6).
The company LOGiLAB Logistic & Trade d.o.o. (a limited liability company under Croatian laws and regulations) reserves the right to the (1.) Information agreement, (2.) Billing agreement, (3.) Terms & Conditions, (4.) Minimum wage agreement, (5.) Document retention obligation as well as the Final declaration as applicable to adapt, previous transports remain the same as before.
Bank informations
Partner Banka, Zagreb
IBAN: HR80 2408 0021 1000 61338 SWIFT: PAZGHR2X
Legal:
If there are legal errors in a sentence or in a section, this does not invalidate the entire agreement and these Terms & Conditions! These remain in effect for the rest! Please note that the documents we publish, but especially the “Information Agreement” and “Terms and conditions” are valid and subject to changes and additions.
01.04.2024, Zagreb – Croatia
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