General Terms & Conditions – IBEX as Contractor

1. Scope of Application of the GTC

1.1. These General Terms and Conditions (“GTC”) apply exclusively to all orders placed with IBEX Logistics GmbH (“IBEX”), in particular forwarding and freight orders and related transactions. Any deviating terms and contractual or business conditions of the Principal are rejected by IBEX and shall not apply.

1.2. The GTC shall also apply if they are not expressly confirmed by the Principal, in particular, this shall also apply in the event of silence by the Principal. The Principal further acknowledges that the GTC shall also apply to all future orders to IBEX without separate agreement or reference.

2. Offers of IBEX

2.1. Offers of IBEX are subject to change without notice, unless the offer contains an explicit binding period.

2.2. IBEX reserves the right to accept an order submitted on the basis of the offer and to change the prices and conditions offered.

3. Duty of Disclosure on the part of the Principal

3.1. The Principal is obliged to provide IBEX with comprehensive information about all characteristics of the goods to be transported that may be relevant to the execution of the transport. This includes, in particular, special characteristics or particular sensitivity of the goods to be transported which require special measures to secure them, to ensure their integrity, and to prevent damage or loss. Unless the order contains information to the contrary, it shall be assumed that the goods to be transported are the property of the Principal or that the Principal at least has the right of disposal over them.

3.2. The Principal is obliged, in particular in the case of dangerous goods, to provide accurate and complete information about the type of goods, the dangers they pose, and the precautions to be taken to avoid danger. The Principal must provide the name of their dangerous goods officer and their contact details (email and telephone number) in the order for the transport of dangerous goods.

3.3. If the goods have a value exceeding 8.33 SDR/kg, the Principal is obliged to disclose the value of the goods. The disclosure of the value of the goods is for information purposes only and does not constitute a declaration of value in accordance with Art. 24 of the CMR (Convention on the contract for the international carriage of goods by road) or a declaration of interest in accordance with Art. 26 of the CMR.

3.4. If the Principal violates its duty to provide information, IBEX is entitled to refuse to accept the goods for transport or to unload and store them immediately at the Principal's expense and risk. In such a case, IBEX’s claim for remuneration plus any claims for damages shall remain in full force and effect.

4. Packaging

4.1. Goods for transport that are exposed to the risk of damage, spoilage, or loss without packaging must be properly packaged by the Principal before handover.

4.2. Packaging must be such that it protects the freight from the usual transport hazards as well as from the effects of transshipment and groupage transport.

4.3. Damage or loss caused by missing or inadequate packaging or suffered by IBEX or its employees and vicarious agents as a result thereof shall be compensated by the Principal.

5. Delivery deadlines and delivery dates

5.1. Taking over dates, delivery deadlines, and delivery dates are non-binding unless expressly confirmed in writing by IBEX in individual cases. The written acceptance of an order does not constitute such confirmation.

5.2. Unless taking over dates, delivery dates, and delivery deadlines are expressly confirmed in writing by IBEX, IBEX is obliged to execute the order within a reasonable time, whereby IBEX will endeavour to adhere to the dates announced.

5.3. In the event of failure to meet a deadline or date for taking over of the goods to be transported, IBEX shall not be liable in any way, unless IBEX is guilty of gross negligence or wilful misconduct.

6. Loading and Unloading

6.1. IBEX shall provide the transport vehicle at the agreed taking over location for loading and at the agreed delivery location for unloading. IBEX shall not assume any obligations for loading, unloading, or securing the load.

6.2. If the truck driver or other persons or assistants of IBEX assist with or carry out the loading, securing of the load, or unloading, they shall act as vicarious agents of the Principal. Load securing measures taken by the truck driver or other persons or assistants of IBEX serve exclusively to ensure the operational safety of the vehicle and do not constitute any assumption of liability for any damage to the transported goods caused by inadequate loading, unloading, or load securing.

6.3. When taking over the goods to be transported, IBEX is only obliged to check the external condition of the goods and the packaging. If losses or damage to the goods or their packaging are not apparent during this inspection, the Principal is obliged to prove that the damage occurred while in the custody of IBEX. Upon delivery, externally visible damage and loss must be reported to IBEX in writing immediately, otherwise any claims will be forfeited; damage and loss that is not immediately apparent must be reported in writing to IBEX immediately after discovery, but no later than within 7 days.

7. No Authority of the Driving Personnel

7.1. The truck driver is not authorised to make binding statements on behalf of IBEX or to accept statements or instructions from the Principal. Instructions to IBEX cannot therefore be given to the truck driver with effect for IBEX, even if they are entered in the consignment note.

7.2. Amendments to the agreements made, in particular amendments to these General Terms and Conditions, or declarations of value or interest cannot be declared to the truck driver with effect for IBEX, regardless of whether such declarations are entered in the consignment note or not.

8. Transportation

8.1. The Principal agrees that IBEX will provide a standard tarpaulin truck without special security equipment to carry out the transportation and that no special security measures will be taken.

8.2. The vehicles used by IBEX will be manned by one truck driver. Driving and rest breaks will be taken in unsecured and unguarded parking areas. The choice of route is left to IBEX.

8.3. If the Principal requests special security measures, specially equipped vehicles, or a specific route, this must be agreed separately in writing with IBEX and a surcharge will be added to the freight charge.

9. Loading Equipment Exchange

9.1. IBEX is only obliged to carry out a loading equipment (pallets) exchange if this is expressly agreed in writing in return for payment of a surcharge on the freight.

9.2. If a loading equipment exchange is agreed, the Principal is obliged to ensure that the loading equipment to be taken over by IBEX is available at the consignee’s premises. If a loading equipment exchange has been agreed or if IBEX carries out such an exchange at the request of the personnel at the loading or unloading location, IBEX shall only be liable for missing quantities of loading equipment or for damaged loading equipment if IBEX is guilty of gross negligence or wilful misconduct. Furthermore, in such a case, the Principal is in any event obliged to pay a reasonable surcharge on the freight, even if this has not been agreed.

10. Waiting and Standing Times

10.1. IBEX is entitled to a demurrage charge per truck and per hour in the amount of €150 (one hundred and fifty euros) as soon as a waiting or standing time of 1.5 hours is exceeded.

10.2. IBEX is entitled to charge demurrage regardless of whether the Principal is at fault or whether the circumstance causing the waiting or standing time originates from the Principal's sphere of influence. Demurrage is only not payable if the waiting or standing time was caused by IBEX itself.

11. Cancellation of the Transport Order

11.1. The order becomes binding when IBEX sends the order confirmation. The Principal is entitled to cancel orders placed with IBEX. If the cancellation is made before the transport vehicle has arrived at the agreed pick-up location, IBEX is entitled to a fee of 80% of the agreed freight charge.

11.2. If the order is cancelled after this point in time, IBEX is entitled to the entire freight charge as well as any additional costs for the return of the transported goods, and the Principal is obliged to compensate IBEX for any further damages.

12. Groupage Freight and Use of Subcontractors

12.1. IBEX is entitled, at its discretion, to carry out the transport in the form of groupage freight, unless another type of transport has been expressly agreed in writing.

12.2. IBEX is entitled to use subcontractors to carry out the transport. The subcontractors are not authorised by IBEX to conclude agreements on behalf of IBEX or to accept instructions, declarations of value or interest, or other declarations with effect for IBEX.

13. Payment

13.1. Payments to IBEX are due immediately upon invoicing, unless otherwise agreed in writing. A cash discount deduction is not permitted even in the case of early payment. IBEX is generally entitled to issue an invoice as soon as the goods have been delivered. Payment of the invoice cannot be made dependent on the handover of documents.

13.2. If, for any reason, full or partial payment of the freight charges appears to be at risk, IBEX is entitled to demand an advance payment in the amount of the freight charges before or during the execution of the transport and to make the execution or continuation of the transport dependent on the payment of the advance.

13.3. Any withholding of payments by the Principal is excluded. Offsetting with counterclaims of the Principal is only permissible if these have been legally binding established by definitive and enforceable court decision or have been expressly acknowledged by IBEX in writing.

13.4. In the event of default, the Principal shall be obliged to pay, in addition to the statutory default interest, all costs incurred as a result of the default, in particular all judicial and extrajudicial legal costs, as well as compensation for the administrative processing costs incurred by IBEX, whereby the costs for the processing herewith are set by mutual agreement at €35 (thirty-five euros) per working hour per person.

14. Supplementary Application of the General Austrian Freight Forwarder’s Conditions (Allgemeine Österreichische Spediteurbedingungen; AÖSp)

14.1. In addition to the terms and conditions of these GTC, the General Austrian Freight Forwarder’s Conditions (Allgemeine Österreichische Spediteurbedingungen; AÖSp, published in the Official Gazette of the Wiener Zeitung on March 1, 1992, available at www.ibexlogistics.com/en/terms-conditions-aosp) shall apply to all orders placed with IBEX, insofar as these do not directly or indirectly contradict the GTC. In particular, the provisions of § 32 and § 50 of the General Austrian Freight Forwarder’s Conditions shall apply in any case.

14.2. The application of the General Austrian Freight Forwarder’s Conditions is agreed upon regardless of whether IBEX has taken out freight forwarding insurance (SVS/RVS). The Principal prohibits IBEX from taking out freight forwarding insurance (SVS/RVS) within the meaning of § 39 of the General Austrian Freight Forwarder’s Conditions.

15. Mandatory Provisions

15.1. Insofar as provisions of the GTC or the General Austrian Freight Forwarder’s Conditions are invalid due to mandatory provisions, in particular the provisions of the CMR, the validity of the remaining provisions shall remain unaffected.

16. Applicable Law, Place of Jurisdiction

16.1. The legal relationship between the Principal and IBEX shall be governed by the provisions of Austrian law, excluding the provisions on the conflict of laws.

16.2. The court with jurisdiction for 6130 Schwaz shall have jurisdiction over all disputes arising from or in connection with the legal relationship between the Principal and IBEX.

17. Data Protection

17.1. IBEX is entitled to collect, store, and process data provided by the Principal or other parties involved in the transport in connection with the services provided by IBEX.