terms & conditions

All services rendered by TKA LOGISTIK shall exclusively be governed by these General Terms and Conditions. Agreements of the contractor which differ herefrom, even if only in specific clauses, shall apply only upon express written agreement and only on a case-by-case basis.

In the case of repeated provision of services (regular business relationship) to entrepreneurs an agreement that is made at the beginning of the business relationship shall be sufficient for continued applicability of these General Terms and Conditions.

Our activities as a forwarding agent and warehouse keeper and/or for the rendering of services are subject to the General Austrian Forwarders' Terms and Conditions [Allgemeine Österreichische Spediteurbedingungen/AÖSp], the provisions of the CMR and the Forwarders' Prices for Commercial Goods [Speditionstarif für Kaufmannsgüter], each as amended, which are available for inspection at TKA LOGISTICS. In the case of conflicts with the present General Terms and Conditions these General Terms and Conditions shall prevail over the AÖSp.

All offers made by TKA LOGISTIK are based on wages, rates and prices applicable at the time of conclusion of the contract and on TKA LOGISTIK’s free choice of means and routes of transport, shipping companies and airlines. In addition and even if a certain means of transport is stated, TKA LOGISTIK shall be entitled to use a different means of transport without any effects on the agreed fee, provided that due processing of the order is warranted. They are subject to the prerequisite that the routes of transport chosen by TKA LOGISTIK may be used freely and without impediment.

Offers of TKA LOGISTIK shall be subject to change until binding conclusion of a contract and shall apply only if they are accepted immediately and if reference is made to the same at the time the order is placed and they may be revoked by TKA LOGISTIK at any time. Offers shall become ineffective by a new offer. Derogating agreements shall, without exception, be made in written form in order to be legally valid.

Modifications of the volume of the order which were not expressly advised when the order was placed and which result in additional expenses for TKA LOGISTIK shall be paid for separately. The same shall apply to orders that are placed subsequently.

Offers are subject to secrecy vis-à-vis third parties and must be treated as strictly confidential. They shall not be passed on to third parties in any form without TKA LOGISTIK’s written consent.

Offers made by TKA LOGISTIK shall generally apply to commercial goods of normal dimensions and weights that are safely packed for transport and stackable and suited for transportation by sea, air or road and by CCS (consolidated cargo services).

Shipments which exceed such dimensions or weights shall be agreed on in terms of dimension and weight on a case-by-case basis.

TKA LOGISTIK shall neither be obliged to load or unload nor to handle, stow, etc. the transported goods, without exception. However, TKA LOGISTIK shall carry out such tasks for the customer under a separate order and a separate invoice. Loading and unloading procedures and clearance on exportation and/or importation in road traffic must be carried out immediately.

In the case of self-loading (self-locking, self-sealing) by TKA LOGISTIK the customer shall obviously not be liable for securing the load or for damage caused by wrong or poor securing of the load.

All ULDs, including containers, must be returned in a clean and undamaged condition. Repairs resulting from damage to the container or to ULDs are, in principle, not covered by transport insurance.

The weights of ULDs are subject to freight. For ULDs that are not returned to us or damaged their reinstatement value shall be paid. Transports which become necessary because of the Austrian Packaging Regulation [Verpackungsverordnung/VerpackVO] of the Austrian Ministry of Environment Affairs [BMU], i.e. taking back of transport packaging, repackaging and display/sales packaging can only be carried out upon a separate shipment order and separate invoicing according to the price list.

Information about duration of transport, customs duties, prices and other details and communications shall be non-binding. Book entries and account information as well as statements on acceptance of liability and payment promises shall only be binding if confirmed by TKA LOGISTIK in writing. Furthermore, TKA LOGISTIK guarantees no fixed periods and promises no fixed dates. In general, payments in cases of damage or loss shall be made subject to recovery and constitute no acknowledgement.

Delivery of dangerous goods requires an express prior understanding and delivery of the certificates required by law. Dangerous goods shall be appropriately packed and labelled by the sender for transportation, transshipment and storage and the necessary papers shall be enclosed.

In the case of carriage of dangerous goods (ADR goods) the customer is also the sender as defined by the Austrian Statute on Carriage of Dangerous Goods [ADR-GGBG]. For taking delivery of dangerous goods in accordance with ADR/RID/IMCO a separate order shall be required that is subject to acceptance.

The prices underlying the offers are based on the details furnished by the customer for executing the order. In addition, TKA LOGISTIK shall be entitled to carry out on-site inspections before executing the order if this is deemed necessary for investigating the circumstances relevant to the order or for verifying the details furnished by the customer, which inspections shall be paid for separately.

Only the costs incurred in the case of a normal course of transport are included in the prices. Unless stated separately in the offer or expressly agreed in writing, the costs for insurance premiums, customs clearance in the country of dispatch and the country of destination, customs duties and official charges, costs of bills of lading and consular charges, warehouse charges, commissions on advances, demurrage and other unforeseen expenses, fuel surcharges linked to an index based on the gross diesel prices of the Federal Ministry of Sustainability and Tourism [Bundesministerium für Nachhaltigkeit und Tourismus/BMNT] in each case on the basis of the previous month (https://www.bmnt.gv.at/energie-bergbau/energiepreise/ aktuelle-treibstoffpreise-euro-pro-liter.html), road tolls (road pricing) and any costs which have not been caused by TKA LOGISTIK’s fault are not included and shall be invoiced separately.

TKA LOGISTIK shall be entitled to invoice surcharges for additional expenses incurred, provided that the actual weights and dimensions of the items and other properties of the items to be moved differ from the details furnished by the customer. Likewise TKA LOGISTIK is entitled to ask for separate remuneration in the case of differences in the scope of the order and/or in the case of additional orders placed while the services are rendered or thereafter.

If no special agreement has been made, foreign exchange rates shall be applied according to the following criteria:

The Schiffskurs [exchange rate by which the freight is converted into the local currency] will be fixed by the shipping company on the basis of the last ten (10) days before arrival / departure of the vessel at the average of the local selling rates of those ten (10) days.

For air cargo amounts are converted by the current mean between the buying and the selling rate on the day of arrival at the airport of destination.

Any increases or decreases in sea cargo, road cargo or air cargo rates which are made public by the carrier shall be passed on by TKA LOGISTIK to the customer at the relevant time.

Any road pricing charges will be invoiced separately.

As a forwarding agent TKA LOGISTIK is obliged to take out forwarder's risk insurance [SVS] and cartage (haulage) insurance [RVS] for the customer. In this context the customer is free to declare itself a Verbotskunde [customer waiving insurance protection]. This must be done in writing to TKA LOGISTIK. In the case of orders where the value of the goods (sum insured) is not advised, TKA LOGISTIK shall estimate the value and obtain insurance coverage accordingly. Transport insurance will be taken out by TKA LOGISTIK after the relevant order has been placed.

As regards warehouse insurance reference is made to applicability of the AÖSp.

If processing of an order is delayed for reasons within the customer's control, TKA LOGISTIK shall be entitled to invoice the resulting (additional) costs in any case.

If, however, performance by TKA LOGISTIK is delayed for reasons within its control, the customer shall grant a reasonable grace period and shall ask TKA LOGISTIK to render performance beforehand.

Claims for damages based on consequences of default, if any, in particular contractual penalties of the customer, may be transferred to TKA LOGISTIK only if TKA LOGISTIK was demonstrably notified of such consequences of default, including as to the amount, at the time the order was placed. Otherwise such consequences of default shall be excluded, unless TKA LOGISTIK is liable for intent or gross negligence.

Customer claims based on default may in any case be raised only after expiry of a reasonable grace period. Damages based on non-performance or for damage other than personal injury are expressly excluded; for the rest such damages shall be expressly limited to the actual sum insured under liability insurance.

In the case of default TKA LOGISTIK shall be entitled to claim interest in accordance with the AÖSp or late payment interest and compound interest in accordance with the provisions of the Austrian Interest Law Amendment Act [ZinsRÄG] 2002 at the rate of 8 % above the base interest rate and at least 10% p.a., and to invoice the costs incurred in connection with out-of-court reminders and assertion of claims as well as the pre-procedural expenses.

The customer may rescind the contract only in the case of the occurrence of an important reason that was agreed in writing and if TKA LOGISTIK, despite having been granted a reasonable grace period, fails to fulfil its performance obligation and does not remedy such default by employing third parties either.

If in the course of execution of the order circumstances arise which lead to considerable problems in the rendering of performance or suggest that there is a risk or likelihood of damage to third-party property and/or assets, then TKA LOGISTIK shall be entitled, with claims for damages of whatsoever nature being excluded, to either cancel the order or to discontinue work until the said problems or suggestions have been removed by the customer, and this shall result in a suspension of any periods that may have been agreed and/or to postponement of the agreed completion date.

In such a case TKA LOGISTIK shall be entitled to invoice the customer for services rendered by then, irrespective of the type of contract selected. Costs of standstill times will be invoiced to the customer even in the case of lump-sum agreements. In addition, TKA LOGISTIK shall be entitled to discontinue work and/or rescind the contract in the case that the customer fails to pay amounts due and/or if insolvency proceedings are opened over the customer's assets.

If the contract is rescinded, the payment for the services rendered by TKA LOGISTIK by then shall become due pro rata, notwithstanding any other claims.

TKA LOGISTIK shall be liable for all direct damage resulting from the rendering of services to the extent that the damage has occurred due to grossly negligent or wilful behaviour of TKA LOGISTIK or its agents. Liability for slight negligence shall be excluded.

Moreover, TKA LOGISTIK shall neither be liable for accident or force majeure nor for consequential damages, damages for lost profit, lost interest or resulting from claims of third parties. There shall be no liability for damage occurring in the course of recoveries.

Banksmen, signalmen, co-ordinators and other staff provided by the customer shall not be deemed agents of TKA LOGISTIK. Staff employed by the customer and/or actually used by the recipient shall not be deemed agents of TKA LOGISTIK.

TKA LOGISTIK shall not be liable for advice or information provided by it for which TKA LOGISTIK was not given a separate written order.

In any case the customer waives the right to raise the warranty plea of price reduction or no maturity of the remuneration for the work on account of notified defects or rescission of contract. The customer shall grant TKA LOGISTIK a reasonable period to repair the defect or to add that which is missing. To the extent permitted by law and in any case in the case of slight negligence claims under product liability and claims for damages shall be excluded. Consequential damages due to defects and contracts with a protective effect for the benefit of third parties shall also be excluded.

The customer undertakes to pass on this waiver to his contractors. For the rest, liability of TKA LOGISTIK shall be limited to the amount of the business liability insurance contract concluded, the amount of which will be advised by TKA LOGISTIK upon request. The scope of liability agreed by these General Terms and Conditions shall also apply to non-contractual claims. Subcontractors commissioned and all staff involved in the execution of the order may make reference to these limitations of liability.

The customer shall immediately notify in writing any damage caused by TKA LOGISTIK's performance. A full description of the facts and circumstances shall be submitted by the customer within three (3) working days of occurrence of the damage. Damage which is not obvious must be notified to TKA LOGISTIK in writing immediately after it has been discovered and not later than seven (7) days after delivery and/or conclusion of performance. Complaints and/or notices of defect made later cannot be accepted.

Liability with regard to carriage by road shall, in addition, be subject to the statutory CMR provisions. They include liability for short weight at 8.33 special drawing rights (SDRs) per kilogram. The current conversion rate can be obtained from the Austrian central bank [Österreichische Nationalbank].

The terms and conditions printed on the reverse side of the airway bill shall apply to air cargo.

The terms and conditions printed on the reverse side of the bills of lading shall apply to sea cargo.

Unless agreed otherwise in writing, invoices of TKA LOGISTIK shall be due for payment without deduction upon receipt. Offsetting or counterclaims of any kind shall not be permitted, unless they have been ascertained by a court in a final and binding (non-appealable) manner at the time such claims are set off.

Klagenfurt am Wörthersee shall be the place of payment and of performance as well as the place of jurisdiction. Austrian law shall apply exclusively; UN Sales Law shall be excluded.