Import conditions for sea freight of Franz Mensch GmbH

1. price composition/validity

Price and general conditions apply to all sea freight contracts concluded with Franz Mensch GmbH. The conclusion of the freight contracts shall be effected by taking over the sea freight consignments.
The prices offered are complete prices and do not include VAT.
Prices or other amounts invoiced which are not stated in the agreed invoice currency shall be converted on the basis of the exchange rate published at the time of invoicing.
All costs that are not incurred in euros will be invoiced at the current exchange rate, without deduction.

2. operational data

The port of destination for containers with reference to the Hamburg external warehouse (TCO) is Hamburg. For Buchloe, the service provider can choose between the performance-equivalent ports of Bremerhaven and Hamburg. Beyond that in individual cases by arrangement.
Sea freight bookings must be reconfirmed no later than three days after receipt. In addition, the booking confirmation will also be sent to the respective buyer within this period.
Delivery bookings are made and controlled by the service provider via Cargoclix in accordance with the SOP.
The service provider books the containers for Buchloe in fixed time slots, taking into account and making optimum use of the Fridays at the port and terminal. As soon as demurrage charges would be incurred or no slots are available, the service provider obtains approval in advance from Franz Mensch for additional slots or, in justified exceptions, demurrage charges.
Container delivery is carried out as standard with a shuttle concept via Container Terminal Munich. For the last mile, the freight forwarder Berndorfer Transporte, Rosenheimer Straße 44, D-83101 Rohrdorf is requested. The service provider has the option of choosing another partner at any time after consultation in order to avoid possible additional costs.
AAll granted days off (port, terminal, etc.) with regard to demurrage incl. storage and detention must be operationally resilient and functional and are to be proactively controlled by the service provider with maximum avoidance of additional costs.
- Fridays port (Demurrage incl. Storage): 6 days incl. ATA (counted from deletion day)
- Detention (from takeover in port to return to terminal/depot): 10 days (counted from port of Hamburg)
- Fridays Terminal Munich: 5 Days incl. arrival day
- Extra craning: 58€/container
- Free unloading time (all delivery locations): 2.5h (20ft) / 3.5h (40ft, 40ftHC)
- Stand fees per day: according to display
- Detention per day: according to display
- Due to the lack of a timely influx of containers, e.g. due to holidays and bridging days, and the incurrence of possible detention costs, in mutual agreement of the cost/benefit factor, second approach on an ad hoc basis.
In the case of direct deliveries, waiting times are avoided or minimised through targeted coordination between FRANZ MENSCH and the service provider.
Tax assessment notices and receipts will be sent to FRANZ MENSCH together with the invoice without being requested to do so.
In case of shifts of ETD/ETA or deviating CRD information, a report must be made immediately to the responsible purchaser FRANZ MENSCH.

3. surcharges

Surcharges such as BAF (Bunker Adjustment Factor), LSS (Low Sulphur Surcharge), IMO2020/Maropol, etc. must be included in the quoted prices and are therefore not invoiced separately.
PAny third-party costs incurred, e.g. storage charges, demurrage, detention, multistop, waiting times and other costs over which the forwarder has no influence, will be charged in accordance with the rate sheet offered after prior cost notification and written confirmation by FRANZ MENSCH. Reimbursable third-party costs can only be incurred due to force majeure and/or customs duties.
- Here it is important to avoid any additional costs to the quoted prices. If additional costs cannot be avoided, they must be proven and justified. The burden of proof lies with the forwarder.
- A simple note such as "rail slot cancelled, next departure", "storm-related delay" or customs clearance still missing" is not sufficient. In these cases, corresponding bookings, justified cancellations, applications, etc. must also be submitted.
- Fees such as drop off etc. must be notified in advance, but here it is important to offer in such a way that such fees cannot arise.
- The external costs must be notified promptly in advance by the forwarder so that any necessary measures can be taken to keep the additional costs to a minimum.
- All released costs are to be shown separately on a monthly basis with a clear allocation using the FRANZ MENSCH booking number and reason.
For smooth handling, packing list, commercial invoice and 1/3 endorsed original bills of lading, as well as customs clearance instructions are provided prior to arrival of the ocean-going vessel at the port of receipt.

4. running time regulation

The Port-Port transit times are based on the currently valid schedules of the scheduled shipping companies and may be subject to possible changes. These changes must be announced and explained in advance. Should the transit time be delayed by more than 5 days port-port, Franz Mensch is entitled to charge a delay fee of 50,-€ per calendar day.
In the event of force majeure, the term provision shall not apply. In such cases, the service provider must provide evidence of the existence of force majeure.

5. penalties

Penalties for late delivery on notified delivery dates.
- Delay more than 30 minutes: 50,00 €
- Delay more than 60 minutes: 100,00 €
- Delay up to 120 minutes: 200,00 €
- in case of non-presentation despite presentation window: 300,00 €
- in case of incorrectly placed container: 150,00 €

In the event of force majeure, the penalties shall not apply. In such cases, the service provider must provide evidence of the existence of force majeure.

*) Definition of force majeure is an event coming from outside, which cannot be foreseen and which cannot be averted or not averted in time even by applying reasonably expected care and technically and economically reasonable means. This includes, in particular, natural disasters, terrorist attacks, power failure, failure of telecommunications links, strike and lockout, insofar as the lockout is lawful, or legal provisions or measures of the government or courts or authorities. Also in the event of a traffic jam / route closure with proof, e.g. photo from Google Maps with date and time.

6. terms and conditions / requirements

The agreement is based on the German Freight Forwarders' Standard Terms and Conditions applicable at the time of the agreement.

7. conditions

The spot price conditions offered apply.
Should individual provisions of the ABG be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the rest of the contract shall remain unaffected.

Status: June 2023