General terms and conditions
General Terms and Conditions of LOGSTA GmbH.
1. scope of application
2. offers / service descriptions and performance
3. dispatch / label creation
4. prices / invoice / default / right of retention / offsetting
5. periods and deadlines
7. warranty of quality and guarantee
9. final provisions
1. scope of application
1.1 The business relationship between LOGSTA GmbH, Wiedner Gürtel 9-13 / T24 / 2.OG, 1100 Wien, registered in the Commercial Register of the Republic of Austria under number FN466805d (hereinafter referred to as "LOGSTA") and the customer (hereinafter referred to as the "customer") shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of conclusion of the contract.
1.2 We work exclusively on the basis of the "General Austrian Forwarders' Terms and Conditions (AOESp)", published in the "Official Gazette of the Wiener Zeitung" as amended from time to time.
1.3 As a new customer, please use our contact form to get in touch with us by e-mail. This way, we can forward your enquiry to the right contact person and ensure that it is processed quickly. Are you already one of our customers? Then please write to us directly via the Customer Communication Center in your LOGSTA Connector. This way we can process your request as quickly as possible!
1.4 Deviating terms and conditions of the customer shall not be recognised unless LOGSTA expressly agrees to their applicability.
2 Offers / service descriptions and performance
2.1 The presentation of products and services does not constitute a legally binding offer but an invitation to submit an offer. Descriptions of services on LOGSTA's websites, in folders, etc. do not have the character of an assurance or guarantee.
2.2 LOGSTA reserves the right to change or remove the prices, services or service descriptions stated in folders, on the website or otherwise without prior notice and to include new prices, services or service descriptions.
2.3 Errors and omissions excepted.
2.4 LOGSTA reserves the right to provide all services itself or by commissioning third parties (e.g. transport companies). LOGSTA shall be responsible for the selection and commissioning of third parties.
2.5 LOGSTA reserves the right to pack and dispatch consignments in such a way as is necessary for proper and professional handling. This includes, but is not limited to, decisions as to whether consignments are to be split up and with which transport companies they are to be dispatched.
2.6 Orders transmitted may be cancelled by the customer at any time. LOGSTA shall charge the customer accordingly for services already rendered in relation to these orders.
2.7 LOGSTA reserves the right to refuse or terminate cooperation with a customer at any time. LOGSTA also reserves the right to refuse individual orders.
3. shipping / label creation
3.1 For cross-border shipments, LOGSTA uses the information provided by the customer and its systems, such as product names, prices, weight and quantities. This data is passed on to the systems of the transport companies that carry out the customs clearance. LOGSTA is not liable for the accuracy of this information.
3.2 Shipping labels produced by LOGSTA for the customer are payable from the time they are produced. In the event of cancellation by the customer, LOGSTA shall attempt to cancel labels created. If the cancellation is successful, LOGSTA shall credit the customer with the cost of creating the label.
4 Prices / invoice / default / right of retention / set-off
4.1 All prices are net prices and do not include the applicable rate of value added tax.
4.2 Invoices are issued monthly in arrears. Unless otherwise stated on the invoice, the term of payment shall be 10 days net. Payments by the customer shall be made free of charges and deductions.
4.3 By making payment, the customer confirms the correctness of the invoice. Later complaints about this are excluded.
4.4 In the event of late payment, the customer shall reimburse the costs incurred as a result of the delay, such as costs for reminders, collection attempts and any court or out-of-court costs and fees. The interest on arrears shall amount to 9% per annum.
4.5 If the customer is in arrears with a payment, LOGSTA shall be entitled to suspend its services until payment is made by the customer, to declare all outstanding claims due and to cancel any services commissioned from third parties, without this releasing the customer from its obligation to perform.
4.6 The customer shall only have a right of set-off if its counterclaims have been legally established or recognised by LOGSTA. The customer may only exercise a right of retention insofar as the claims result from the same contractual relationship.
5 Deadlines and dates
Dates and deadlines stated by LOGSTA shall only be binding if they have been expressly agreed in writing.
The customer may terminate the cooperation with LOGSTA in writing at the end of each calendar month. LOGSTA shall have one month from the time the termination takes effect to make stored goods available.
7 Warranty for material defects and guarantee
7.1 The warranty shall be governed by statutory provisions.
7.2 A guarantee in respect of LOGSTA's performance shall only exist if it has been expressly given. Customers shall be informed of the terms of the guarantee prior to placing an order.
8.1 We shall be liable exclusively on the basis of the "Allgemeinen Oesterreichischen Spediteurbedingungen (AOESp)" (General Austrian Forwarders' Terms and Conditions), published in the "Amtsblatt der Wiener Zeitung" (Official Gazette of the Wiener Zeitung) as amended from time to time.
9. final provisions
9.1 The place of jurisdiction and performance shall be LOGSTA's registered office.
9.2 Austrian law shall apply exclusively. The contractual language shall be German.
9.3 These GTC may be amended by LOGSTA at any time without stating reasons, and customers shall be notified of amendments in writing by email. The amendments shall be deemed to have been accepted unless the customer objects in writing within 30 days by message via CCC or our contact form on the website. In the event of an objection, the previous GTCs shall apply and LOGSTA reserves the right to terminate the cooperation.
9.4 If any provisions of these GTC are or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a provision which in good faith corresponds to the purpose of these GTC.