2. Domestic shipments are subject to the General German Forwarding Conditions 2017 - ADSp 2017, unless otherwise stipulated by these Terms and Conditions. Note: The ADSp 2017 deviates from the law (clause 23) with regard to the maximum liability for damage to goods (§ 431 HGB) by the Liability for multimodal shipments including sea transport and unknown location of damage to 2 SDR / kg and otherwise the regular liability of 8.33 SDR / kg in addition to 1.25 million euros per claim and 2.5 million euros per claim but at least 2 SDR / kg.

3. International and international transports are subject to the terms of the CMR Agreement.

4. The contractor undertakes to fully insure its liability in accordance with HGB and CMR and to prove this on request.

5. The freight invoices of the contractor must be accompanied by original consignment notes, customs documents and original documents of exchange. If the client incurs damage due to the absence of the original documents, the contractor is liable - proportionally in proportion to his or her fault - up to the full amount of the damage.

6. The agreed term of payment is, 45 days after receipt of the invoice including all original consignment notes, customs documents and original documents.

7. The pallet exchange rules apply to the loading auxiliary exchange. The rules are available for viewing and printable at http://www.bgl-ev.de/images/downloads/service/palettentausch.pdf. If, after expiry of the period of repatriation of four weeks from the date of delivery, there are still shortages at the loading point for which the contractor is responsible, we reserve the right to assert the damage for replacement and presentation at the loading point! The contractor reserves the right to prove that the actual expense is lower than the above amounts. The set-off of undisputed claims from the pallet exchange with claims of the contractor shall be deemed agreed upon asserting the expenses by TNC Express. TNC Express is released from the obligation to return loading equipment to the Contractor if the latter has refused to accept the offered load carriers without good reason or does not provide written proof that no or insufficient loading equipment was offered for exchange by the consignee. The assumption of the exchange risk by the carrier is expressly part of the contract and will be remunerated separately.

8. The contractor is obliged to

- the minimum wage in accordance with § 20 Minimum Wage Law (MiLoG) to his from him in the territory of the Federal Republic

Germany to pay employees in a timely manner within the meaning of Section 2 MiLoG,

- in accordance with § 17 MiLoG record the beginning, end and duration of the daily working hours of his employees at the latest by 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 time relevant for the recording,

- in accordance with § 16 MiLoG, as an employer domiciled abroad, to submit a written application in German to the competent authority of the customs administration prior to commencement of a work performance; valid legal regulations on the obligation to report in accordance with § 16 MiLoG can be applied. The contractor indemnifies the client on first request from all claims of third parties based on a breach of its obligations under the Minimum Wage Act or on the violation of the obligations of subcontractors / lenders under the Minimum Wage Act. This indemnification obligation applies both to civil liability and to fines imposed on the client for breaches by the contractor or subcontractor / lender employed by it, as well as the costs of prosecution and legal defense incurred in connection therewith, provided that the claims asserted and Claims based on an alleged breach of the subcontractor or a subcontractor employed by the subcontractor due to the minimum wage law. The obligation to take time off explicitly also applies to claims of social insurance institutions and tax authorities. The contractor indemnifies the client on first request from all claims of third parties based on a breach of its obligations under the Minimum Wage Act or on the violation of the obligations of subcontractors / lenders under the Minimum Wage Act. This indemnification obligation applies both to civil liability and to fines imposed on the client for breaches by the contractor or subcontractor / lender employed by it, as well as the costs of prosecution and legal defense incurred in connection therewith, provided that the claims asserted and Claims based on an alleged breach of the subcontractor or a subcontractor employed by the subcontractor due to the minimum wage law. The obligation to take time off explicitly also applies to claims of social insurance institutions and tax authorities. The contractor is obliged to inform the client immediately if he is claimed by his own employees or employees of the subcontractor, who are used for the execution of the contractual relationship or a commissioned lender in connection with provisions of the Minimum Wage Act, or learns that such claims be asserted by third parties, in particular employees of the subcontractor or a commissioned lender or social security institutions or tax authorities. Likewise, this duty to provide information also applies if the contractor is subject to administrative offenses and / or criminal proceedings in connection with the provisions of the Minimum Wage Act or if he becomes aware of such investigations, including with respect to his subcontractor or a commissioned lender.

Upon request, the contractor is obliged to submit all charges documents to the client, which he / she needs to check compliance with § 20 MiLoG. [Note: Too much effort for you, in addition, even under data protection law questionable.] The duty to submit can also be submitted by a certificate of the tax adviser of the contractor, in which he confirms that the obligations under § 20 MiLoG by his client, the contractor, have been complied with or confirmed by the employee assigned to the (respective) contract that he has received a remuneration for the work performed for this contract at least in the amount of the minimum wage according to § 20 MiLoG.

9. The contractor undertakes not to have the services owed by him performed by a subcontractor / lender. Only with the prior consent of the client is the contractor allowed to use subcontractors / lenders. If the client agrees, the contractor must notify the principal of the company and the seat of the subcontractor / lender and oblige the subcontractor / lender to provide the services owed himself and to comply with all obligations arising from the transport order and our terms and conditions. In view of the regulated obligation, the contractor must in this case carefully select the subcontractor or contracted lender and, in turn, review the obligation to comply with the MiLoG obligation.

10. If the Contractor culpably violates these obligations, TNC Express is entitled to terminate the contractual relationship with the Contractor without notice without notice, without the need for prior warning.

11. TNC Express is entitled to regularly request a certificate in tax matters (tax clearance certificate) from the contractor. The contractor is obliged to obtain these immediately upon first request from the responsible tax office and submit them to the client.

12. The transport order is subject to customer protection. The contractor will not, for a period of at least one year after completion of the contract, act directly or indirectly for the customer of TNC Express, who has commissioned this transport. In the case of infringement, a contractual penalty of € 10,000.00 is due immediately.

13. The contractor must at all times to secure the cargo against theft and robbery. Loaded vehicles may only be parked in guarded parking lots.

14. Any theft, robbery or accident with possible damage / loss of the load must be reported immediately to the responsible police station and TNC Express.

15. The contractor must provide suitable load securing devices in accordance with VDI 270 et seq. B. straps, anti-slip mats, edge protectors, etc., to provide on the vehicle. The contractor is responsible for providing the correct and sufficient load securing. He assumes the responsibility for the operational and transport-safe loading. The driver must inspect the goods taken for damage before departure and ensure suitable load securing measures, including during transport.

16. The contractor assures that he possesses the necessary approvals or authorizations according to the GüKG and carries these with him during the transport. The contractor instructs his drivers to submit corresponding documents and licenses to the client or his representative on request.

17. In case of disturbances or delays of any kind, eg. B. loading or unloading obstacles, is the Dispo of TNC Expressimmediately by telephone and then in writing by fax or e-mail.

18. If the contractor incurs costs which are not already covered by the freight for reasons beyond his / her own responsibility (eg excessive loading times or delivery obstacles), these can not be invoiced to the client, if the information obligation of point 17 does not apply was fulfilled.

19. If the contractor fails to carry out the transport order or fails to do so on time, TNC Express will endeavor to provide a replacement vehicle. Any additional costs arising from the commissioning of another carrier shall be borne by the contractor. In addition, the contractor must pay a flat-rate penalty of € 150.00 in this case.