General Terms and Conditions (GTC)

1. Scope of Application

These General Terms and Conditions (GTC) apply to all transport and logistics services provided by Ekene Trades & Logistics (hereinafter referred to as "Service Provider") to clients, unless individual written agreements have been made.

2. Conclusion of Contract

1. Offers from the Service Provider are non-binding.
2. A contract is only concluded upon written order confirmation or execution of the order.

3. Services

1. The Service Provider performs transport and logistics services to the agreed extent.
2. Additional services or modifications require a written agreement.

4. Obligations of the Client

1. The client must provide complete and correct information regarding the type, quantity, value, nature, and packaging of the goods.
2. Packaging and labeling must comply with legal requirements.
3. The client is liable for damages resulting from incomplete or incorrect information.
4. Illegal, prohibited, or customs-restricted goods must not be handed over (see §14).

5. Prices and Payment

1. All prices are net plus statutory value-added tax.
2. Invoices are due for payment without deduction within 14 days of receipt, unless otherwise agreed.
3. In the event of default in payment, default interest of 9% above the base rate will be charged.
4. The Service Provider reserves the right to suspend deliveries in the event of payment default or outstanding claims.

6. Liability

1. The Service Provider bears unlimited liability for intent and gross negligence.
2. In cases of slight negligence, the Service Provider is only liable for breaches of essential contractual obligations (cardinal obligations) and limited to the foreseeable, typically occurring damage.
3. No liability is assumed for damages caused by improper packaging, incorrect information, force majeure, or prohibited goods.
4. Liability for the actions of subcontractors is limited to intent and gross negligence.

7. Transport Insurance

1. Transport insurance is only taken out at the express request and expense of the client.
2. Without insurance, the client bears the risk for loss or damage to the goods.

8. Revocation and Termination

1. Consumers have a statutory right of withdrawal.
2. The Service Provider may terminate orders for good cause, e.g., danger to goods, default in payment, or legal obstacles.

9. Force Majeure

1. The Service Provider is not liable for delays or failures due to force majeure, including but not limited to natural disasters, strikes, war, pandemics, official measures, or traffic obstacles.

10. Incoterms

1. Unless otherwise contractually agreed, Incoterms 2020 apply.
2. The transfer of risk and costs of the transported goods depend on the agreed delivery conditions.

11. Complaints / Damage Reports

1. Obvious damages or losses must be reported in writing within 24 hours of delivery.
2. Hidden damages must be reported in writing within 7 days of delivery.
3. Late reports may preclude claims.

12. Subcontractors / Third Parties

1. The Service Provider is entitled to transfer services in whole or in part to subcontractors.
2. The Service Provider's liability for subcontractors is limited to intent and gross negligence.

13. Data Protection

Personal data is processed in accordance with our Privacy Policy.

14. Prohibited Goods / Illegal Items

1. The client commits not to hand over any illegal, prohibited, or customs-restricted goods (e.g., drugs, weapons, counterfeits, hazardous chemicals).
2. The Service Provider may refuse acceptance or immediately terminate the transport.
3. Violations will result in the client's unrestricted liability for damages, costs, and legal consequences.

15. Jurisdiction and Applicable Law

1. The laws of the Federal Republic of Germany apply.
2. The exclusive place of jurisdiction for all disputes is Würzburg, as far as legally permissible.

16. Amendments to the GTC

The Service Provider may update these GTC at any time. Changes apply to current and future orders, provided the client has been informed of the changes.