General Terms and Conditions (GTC)
These General Terms and Conditions (GTC) apply to all transport orders issued by LTS-Neuninger CargoSolution GmbH.
Freight rate: including Austrian Road Freight Tariff (STVB) and applicable fuel surcharges.
1) CMR Insurance
The Carrier undertakes to maintain CMR liability insurance in accordance with the provisions of the CMR Convention, with a minimum coverage amount of EUR 363,364.17, containing no unusual exclusions from coverage.
2) Loading and Unloading Times
The first 24 hours for loading and unloading are free of demurrage charges.
Any delays must be reported to us immediately.
Failure to comply with agreed delivery deadlines (fixed-date deliveries) shall render the Carrier fully liable for all resulting costs, including but not limited to waiting times for fitters, cranes, forklifts, etc.
For part loads, transshipment is prohibited.
For full truck loads (FTL), both additional loading and transshipment are prohibited.
Customer protection is deemed agreed.
3) Applicable Terms
We operate exclusively under the Austrian Freight Forwarders' Standard Terms and Conditions (AÖSP) in the latest version published in the Wiener Zeitung.
4) Freight Invoice
Your freight invoice will only be accepted if accompanied by:
- signed proof of delivery,
- any applicable loading equipment documents, and
- our tour number.
For loading equipment not exchanged, we will charge:
- EUR 15.00 per EUR pallet,
- EUR 8.00 per Düsseldorf pallet,
- EUR 131.00 per mesh box (gitterbox).
Loading equipment must be returned to the consignor within two weeks.
If this deadline is not met, we will arrange the return at your expense.
After expiry of this period, loading equipment may only be returned to one of our loading equipment accounts after prior consultation with us.
An administration fee will be charged and will not be credited.
5) Payment Terms
60 days from receipt of invoice.
3% cash discount for payment within 14 days.
If no payment term is selected, the payment term of 60 days shall automatically apply.
6) Cargo Securing and Transport Requirements
The Carrier is responsible for proper cargo securing.
The vehicle must be equipped with at least:
- 14 lashing straps,
- 2 shoring bars,
- sufficient anti-slip mats,
- edge protectors.
The vehicle must have:
- a minimum internal height of 2.60 m, and
- be suitable for crane loading and unloading.
Compliance with the practical application of Sections 3, 6 GüKG, Section 7b (1) sentence 2 GüKG, and Section 7c GüKG forms an essential part of this freight contract.
The Carrier is liable for the timely and proper presentation of customs documents (e.g. T1) at the designated customs office.
The Carrier must provide proof confirmed by customs (alternative proof).
Without a customs-confirmed T1 document, the freight invoice cannot be accepted.
Transport shall be carried out exclusively in accordance with the currently applicable ADR regulations.
The Carrier shall be fully liable for all costs arising from non-compliance.
Customer protection is deemed agreed.
In the event of competitive solicitation of our customers, a contractual penalty of EUR 35,000.00 shall become immediately due.
The Carrier confirms possession of all licences and authorisations required for the transport.
The driver's personnel possess all required work permits.
This transport order is binding even without written confirmation.
Attention: We do not accept any order confirmations containing your own terms and conditions.
Only our agreed terms and conditions shall apply.
By accepting this transport order, the Carrier undertakes to perform the transport properly and strictly in accordance with the order.
Should the Carrier fail to comply with any provision of this transport order, we reserve the right to reject the freight invoice.
Delivery dates are mandatory.
If agreed dates are not met, only the freight rate applicable to a standard transport shall be paid.
This means that the agreed freight rate will automatically be reduced by 30%, and the Carrier shall additionally be liable for all resulting damages and costs.
If the agreed loading date cannot be met, we must be informed immediately in writing.
Verbal side agreements shall have no legal validity.
7) German Minimum Wage Act (MiLoG)
The Contractor undertakes to comply with the currently applicable provisions of the German Minimum Wage Act (MiLoG).
The Contractor agrees to indemnify the Principal against all third-party claims arising in connection with the MiLoG.
This indemnification also applies to claims by social security institutions, tax authorities, and administrative fines imposed on the Principal due to violations of the MiLoG.
8) Obligations Towards Executing Carriers
The Contractor undertakes to incorporate these documentation obligations and all other obligations described herein into agreements concluded with executing carriers.
The Contractor shall only engage carriers that reliably fulfil the requirements of Section 7b GüKG and, where applicable, Council Regulation (EEC) No. 881/92 in conjunction with Regulation (EC) No. 3118/93.
The Contractor shall monitor compliance with these provisions.
The place of jurisdiction for both parties shall be St. Pölten, Austria.
We kindly request that this transport be carried out in accordance with the order and wish you a safe journey.
9) Subcontracting
The Contractor shall perform the accepted transport order using its own business and its own vehicles.
The transfer of the transport order, in whole or in part, to subcontractors is only permitted with the Principal's prior express written consent (including text form such as email).
Where approved subcontractors are engaged, the Contractor shall impose all obligations under this contract, as well as all statutory, regulatory and safety requirements (including compliance with the German Minimum Wage Act and permits under GüKG/CMR), upon such subcontractors.
The Contractor shall remain fully liable for the acts and omissions of subcontractors and their agents as for its own conduct.
Unauthorised subcontracting entitles the Principal to terminate the affected transport order with immediate effect for good cause and to claim damages.
10) Security Requirements for Sensitive or Theft-Prone Goods
When transporting sensitive, high-value or theft-prone goods (e.g. electronics, branded clothing or pharmaceuticals), the Contractor shall ensure that any approved subcontractor fully complies with all security requirements.
During statutory rest periods, driving interruptions or weekend rest periods, vehicles may only be parked in:
- fenced,
- video-monitored,
- certified,
- guarded parking facilities,
such as TAPA TSR-certified parking areas or facilities offering equivalent security standards.
Parking at unattended motorway service areas or freely accessible locations is strictly prohibited.
The Contractor shall provide written instructions to all drivers (including subcontractor drivers) regarding these parking obligations and shall verify compliance by means of GPS monitoring.
11) GPS Monitoring
The Contractor shall ensure continuous monitoring of the transport vehicle (and any approved subcontractor vehicle) throughout the entire transport chain by means of an active and fully operational GPS tracking system.
Upon request, the Principal shall be granted access at any time to the live location data (e.g. via a tracking link).
The GPS system must include an alarm function for unauthorised route deviations or unscheduled stops (geofencing).
The Contractor shall ensure full compliance with all applicable data protection legislation (GDPR) concerning drivers.
Any culpable breach of the above security or GPS requirements, as well as any unauthorised subcontracting, shall constitute recklessness within the meaning of Article 29 CMR (wilful misconduct or equivalent fault).
In such cases, the Contractor shall be fully liable for the entire loss or damage to the goods and may not rely on the liability limitations of the CMR Convention.
12) Customer Protection, Subcontractors and Contractual Penalty
The Contractor undertakes to provide absolute customer protection with respect to all parties involved in the transport, particularly the consignor and consignee.
The Contractor shall not, either directly or indirectly through third parties, solicit or conclude transport business with such parties for a period of 12 months following completion of this transport.
This prohibition expressly applies to all subcontractors and any further downstream carriers engaged by the Contractor.
The Contractor shall be liable for the conduct of its subcontractors as for its own conduct.
For each culpable breach, a contractual penalty shall become immediately due in an amount equal to five (5) times the net freight value of the transport order, but not less than EUR 5,000.00.
LTS-Neuninger CargoSolution GmbH shall be entitled to offset this contractual penalty against any current or future freight claims of the Contractor, including claims arising from other transport orders, and may withhold corresponding payments.
The right to claim additional damages remains expressly reserved.
IMPORTANT
The new posting declaration platform is now in force:
The Carrier is solely responsible for submitting all required driver posting declarations and cabotage notifications.
LTS-Neuninger CargoSolution GmbH accepts no liability whatsoever for any failure to submit posting declarations or cabotage notifications.