General Terms and Conditions (AGB)
1. Scope of Application
1.1 These General Terms and Conditions (AGB) apply to all services of Alexander Kruschewski – Service & Consulting (hereinafter referred to as the “Contractor”) towards its customers (hereinafter referred to as the “Client”).
1.2 Clients within the meaning of these AGB are exclusively entrepreneurs as defined in § 14 BGB.
1.3 Deviating or conflicting conditions of the Client do not become part of the contract unless the Contractor expressly agrees to their validity in writing.
2. Description of Services
2.1 The Contractor provides the following services:
- Transport and courier services with vehicles of the Client up to 3.5 t permissible total weight (including transport of hazardous goods within the framework of legal regulations).
- Packaging services, as far as requested by the Client. The packaging material is provided by the Client.
- Advice and Consulting for business initiation, supplier and customer acquisition, support with offers and contract designs, as well as the use of personal networks.
2.2 All services are billed exclusively on a time basis.
2.3 The risk for transported goods, packaging material, and business decisions remains entirely with the Client.
3. Client's Duties to Cooperate
3.1 The Client provides suitable and roadworthy vehicles as well as any necessary equipment for transport.
3.2 The Client is responsible for the proper packaging, labeling, and securing of the transported goods.
3.3 In the case of advice and consulting services, the decision on their implementation and use rests solely with the Client.
4. Remuneration and Payment Terms
4.1 Remuneration is based on time spent at the respective agreed hourly rate. Started half-hours are billed as a half-hour.
4.2 The Contractor issues an invoice after the service has been rendered. Invoice amounts are due within 14 calendar days from the invoice date without deduction.
4.3 In the event of default in payment, the Contractor is entitled to claim default interest at the statutory rate (§ 288 BGB) and reminder costs.
5. Liability
5.1 The Contractor is liable within the framework of his business liability insurance with a coverage amount of up to 500,000 EUR for property damage and 1,000,000 EUR for personal injury.
5.2 Further liability is excluded, unless there is intent or gross negligence on the part of the Contractor.
5.3 The Client undertakes to take out his own insurance for transported goods and other risks. The Contractor's insurance is only subordinate.
5.4 The Contractor is not liable for lost profits, indirect damages, or consequential damages.
6. Hazardous Goods
6.1 Transport of hazardous goods is carried out exclusively within the framework of legal regulations.
6.2 The Client is obliged to correctly declare the hazardous goods and to provide all necessary documents, securing materials, and labels.
7. Cancellation / Termination
7.1 Cancellation of services is possible free of charge up to 24 hours before the agreed start.
7.2 In the event of shorter-term cancellations, the Contractor reserves the right to charge up to 50% of the expected order value.
8. Independence
8.1 The Contractor provides all services as an independent entrepreneur.
8.2 There is no employment relationship or comparable social security employment with the Client.
8.3 The Contractor is free to accept or reject orders, provides services for several clients, and bears the entrepreneurial risk of his activities himself.
9. Data Protection
9.1 The Contractor processes personal data exclusively within the framework of the legal provisions of the GDPR and the BDSG.
9.2 Data is only passed on to third parties if this is necessary for the fulfillment of the contract or if there is a legal obligation.
10. Applicable Law and Jurisdiction
10.1 German law applies exclusively.
10.2 The exclusive place of jurisdiction for all disputes arising from the contractual relationship is Lübeck, provided the Client is a merchant within the meaning of the HGB.
11. Severability Clause
Should individual provisions of these AGB be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that comes closest to the economic purpose.
