GTC for Carriers
General Terms and Conditions for Carriers
of DAGO Express GmbH, Karl-Marx-Straße 193, D-15230 Frankfurt (Oder), VAT ID: DE342078274
These terms apply to the performance of transport orders by the contractor (carrier) for DAGO Express GmbH (client). By accepting the transport order, the contractor bindingly accepts these terms.
Invoice address
DAGO Express GmbH
Karl-Marx-Straße 193
15230 Frankfurt (Oder)
VAT ID: DE342078274
Payment terms
Payment term: 30 days after receipt of all required transport documents (submitted electronically). The counting of days begins on the date the contractor submits a correctly issued invoice together with the shipping documents.
The payment term begins exclusively on the date of receipt of a correctly issued invoice including complete transport documentation at the designated e-mail address: [email protected].
Submission to other addresses does not constitute receipt within the meaning of the contract (§ 130 German Civil Code) and does not trigger any payment term (§ 271 German Civil Code).
An invoice is only deemed complete when the following documents are included in a single e-mail: consignment note (CMR), delivery notes, and all other documents required by the client.
Incomplete or unclear documents do not result in any due date and do not cause default (§ 286 German Civil Code).
Correct electronic invoice submission
Please strictly observe the following binding rules:
1. The e-mail address [email protected] is the only permissible address for submitting electronic invoices. Invoices sent to other addresses are not deemed received and cannot be processed.
2. No correspondence can be conducted via [email protected]. This address serves exclusively for the automated processing of invoices and documents. Messages, queries or other communication are not read and not answered.
3. Exactly 1 e-mail must be submitted per order: 1 e-mail = 1 set of transport documentation + 1 invoice per order.
4. Only PDF files are accepted. Other formats (Excel, JPG, Word, etc.) are not processed.
5. The transport order number must be stated on the invoice. Invoices without an order number cannot be assigned and are deemed not verifiable and not received.
6. The payment term only begins after receipt of all stated information in the correct form.
Contacting the accounting department
(payment inquiries, reminders and other questions)
1. Communication with accounting takes place exclusively via an inquiry to [email protected].
2. Please be sure to state the transport order number in the inquiry.
3. The average response time is approx. 1–2 business days.
General Order Provisions (ABA)
Important! Please read all entries of the order and pass on all necessary information to the driver.
No pallet exchange!
If the contractor has not received written confirmation of paid loading or unloading, the client bears no additional costs for this.
ATTENTION: If the client is not informed of a delay at least 30 minutes before the pick-up or delivery appointment, the freight price will be reduced by 10%.
§ 1 Contact details
The client can be reached exclusively via the following contact details:
E-mail: [email protected]
§ 2 General terms for order execution
1. Before the start of the service, the contractor is obliged to provide the client with the driver’s direct phone number and ensure stable reachability, i.e. the driver must answer calls, respond to messages and have the necessary work equipment. If there is no contact with the driver or contractor within 1 hour after the first contact attempt, a contractual penalty of €100.00 net is due.
2. Where agreed between the parties, the contractor is obliged to continuously provide the client with information on the transport progress and the location of the vehicle. If vehicle monitoring is agreed, the contractor must release the GPS signal or integrate its telematics system with the client’s monitoring system. A breach results in a contractual penalty of €150.00 net.
3. The contractor’s vehicle must be clean, technically sound and free of odours. The contractor must ensure that the vehicle is equipped with the equipment required for load securing, in particular lashing straps, edge protectors and anti-slip mats. A breach results in a contractual penalty of €10.00 net.
4. The contractor is responsible for the proper securing of the load in the vehicle.
5. The contractor must be present during loading and unloading and check the conformity of the goods with the documents, including packaging, quantity and visible damage. If the driver is not admitted to the loading/unloading area, if there are quantity discrepancies or visible damage, the contractor must make a corresponding note in the consignment note (CMR) and inform the client before leaving the area. A breach results in a contractual penalty of 200% of the net freight amount.
6. On the express instruction of the client, the contractor must carry out or assist with loading and unloading. The remuneration for this is specified in the order.
7. No later than 30 minutes after arrival at the loading point, the contractor must inform the client. A breach results in a reduction of the freight by €10.00 net.
8. No later than 30 minutes after loading, the contractor must confirm that the data entered in the CMR match the order data, in particular loading and unloading time, place, type of load and weight. He must also enter his details in field 16 of the CMR and ensure that the document contains stamps and signatures of the loader and recipient. A breach results in a reduction of the freight remuneration by €50.00 net.
9. No later than 60 minutes after unloading, the contractor must send a photo of the signed/stamped CMR to [email protected]. A breach results in a reduction of the freight remuneration by €10.00 net.
10. Loading, unloading or reloading during transport without the prior written consent of the client is not permitted. A breach results in a contractual penalty of 100% of the entire freight. Likewise, carrying or adding other loads without the express written consent of the client is not permitted; a breach also results in a contractual penalty of 100% of the freight.
11. The contractor must inform the client immediately of difficulties in execution. A breach results in a reduction of the freight by €25.00 net for each commenced hour of delay.
12. In the event of breaches of the “Additional notes to the order”, the client may impose a contractual penalty of 100% of the freight.
13. The client is not liable for the contractor’s damages arising from taking over the load specified in the order or CMR, nor for damages due to an unsuitable vehicle. If a vehicle other than the agreed one is provided, the client may impose a contractual penalty of 50% of the freight.
14. No later than 21 days after unloading, the contractor must submit all required transport documents (CMR, delivery note, etc.) by e-mail to [email protected]. A breach results in a reduction of the freight remuneration by 10%.
15. The driver must carry and use the personal protective equipment required at the loading and unloading points, in particular a high-visibility vest, safety shoes (S3) and, where necessary, a helmet, gloves and safety goggles.
§ 3 Non-competition
1. The contractor (including its employees, contributors, authorised representatives, agents, subcontractors and all persons it uses in performing the order) undertakes, for 5 years after performance of the order or the planned performance date – regardless of whether the order was performed or lapsed due to withdrawal or termination – not to enter into any cooperation with the loader or recipient named in the order, in particular not to offer them any services. The remuneration for the non-competition clause is 10% of the freight value stated in the order. In the event of breaches, the contractor shall pay a contractual penalty of €100,000.00 per breach.
2. The contractor is prohibited from disclosing information about freight prices, contract terms or other fees. This prohibition also applies to the brokering of third-party services, in particular Trans.eu. In the event of a breach, the contractor shall pay a contractual penalty of €1,000.00 per breach.
§ 4 Conclusion of the order
1. The order is generally transmitted to the contractor by e-mail. The absence of a written rejection within 30 minutes is deemed acceptance of the order including all conditions.
2. If the rejection occurs later than 30 minutes after receipt, the client will charge the contractor the difference to the freight price arising from the short-notice reassignment to a third party. This does not limit the client’s right to assert demonstrable damages caused by the late rejection.
3. The order can only be accepted unconditionally. Any change to the execution conditions requires the client’s consent in documented form.
4. Passing the order to a subcontractor is permitted ONLY with the written consent of the client and after prior verification by the contractor that the subcontractor meets all requirements stated in the transport order. A breach results in a reduction of the freight remuneration by 100%.
§ 5 Declaration of the contractor
1. The contractor declares that at the time of order acceptance and transport execution it has:
a) valid carrier liability insurance with an unused sum insured covering the value of the goods taken over for carriage, but not less than €600,000.00, or corresponding to the amount of the special interest in delivery of the shipment, if stated by the client;
b) a valid technical inspection of the vehicle (tractor and trailer);
c) all necessary permits and licences to carry out activities domestically and abroad.
2. The absence of the documents referred to in section 1 entitles the client to withhold payments related to contract performance until all claims of the customer against the client related to order fulfilment are time-barred or satisfied.
3. The contractor guarantees compliance with the minimum wage legislation as well as all social-security and tax obligations towards its employees and any subcontractors, and indemnifies the client against any claim under the German Minimum Wage Act (§ 13 MiLoG) and § 28e (3a) SGB IV. On request, the contractor proves this by suitable documents (e.g. a clearance certificate from the social-security institutions, not older than three months).
§ 6 Liability of the contractor
1. Cross-border transport is subject to the liability provisions under the CMR.
2. Liability of the contractor for cabotage transport in Germany: deviating from the provisions of the German Commercial Code (HGB), compensation for loss of or damage to the goods is set in accordance with § 449 (2) sentence 1 no. 1 HGB, deviating from § 431 (1) and (2) HGB, at 40 SDR per kilogram of gross weight of the shipment. This constitutes a deviation from the liability limit of 8.33 SDR under § 431 (1) HGB. Any further liability of the contractor remains unaffected (see in particular § 435 HGB).
3. The contractor is liable for all damage caused by it, its drivers or the vehicles used. The contractor is also liable for the conduct of subcontractors and other vicarious agents involved in performing the order.
§ 7 Costs
1. Costs for tail lifts, installations or waiting times arising from delays in pick-up or unloading are borne by the contractor.
2. If the order is cancelled by the contractor or cannot be carried out due to its fault, we charge a fee of €100.00 net or the difference to the new freight price payable (maximum three times the agreed freight).
3. Furthermore, the contractor bears full responsibility for all damage arising from the order cancellation.
§ 8 Demurrage costs
If, in connection with order fulfilment, the contractor has to provide a standing time of more than 4 hours and proves the extended standing time by a written declaration of the loader or recipient, the client shall pay the contractor a contractual penalty for each further commenced day, amounting to €30.00 net for domestic transports and €50.00 net for international transports. The maximum demurrage remuneration per order is €300.00 net.
§ 9 Declaration of compliance with legal provisions
1. The contractor declares that it conducts its business and provides its services in accordance with the applicable national, European and international regulations, in particular:
a) international regulations for carrying out transports in EU countries, in particular rules on the posting of drivers and remuneration for activities in a given country, in particular Regulation (EC) No 561/2006, the AETR Agreement, the Driving Personnel Regulation, Regulation (EC) No 165/2014 and the Minimum Wage Act;
b) regulations on packaging, load securing, classification and labelling of dangerous goods (ADR);
c) legal provisions on combating corruption, and takes in particular measures to prevent corruption, extortion, embezzlement or fraud.
2. Should the client, due to the contractor’s non-compliance with these regulations, be obliged to pay compensation or administrative penalties, the contractor shall be liable to the client in the amount imposed.
3. When performing the order, the contractor complies with all applicable sanctions, embargo and export-control regulations, in particular those of the European Union, the United Nations and – where applicable – the USA. It warrants that it is not listed on any relevant sanctions list and indemnifies the client against all resulting claims, fines and damages.
§ 10 Final provisions
1. To ensure proper transport execution and the agreed freight remuneration, please pay particular attention to the point “Additional notes to the order”.
2. The contractor may not transfer any rights under the contract to third parties without the prior written consent of the client, including the assignment or other disposal of receivables.
3. For matters not governed by this order, the generally applicable German legal provisions apply, in the case of: a) international transports, insofar as they are not governed by the CMR Convention; b) domestic transports or transports where loading and unloading take place in the same country (so-called cabotage).
4. All disputes arising from this order shall be heard before the court with subject-matter and local jurisdiction at the client’s registered office, i.e. the Local Court of Frankfurt (Oder).
5. The contractor is entitled to set-off or retention only with undisputed or legally established counterclaims. The exercise of a lien or right of retention over the transported goods for claims not related to those goods is excluded.
§ 11 Force majeure
Events of force majeure (e.g. natural disasters, strikes, governmental measures, pandemics) release the parties from the affected performance obligations for their duration. The parties shall inform each other without delay.
§ 12 Right of audit
The client is entitled, upon prior notice and to a reasonable extent, to verify the contractor’s compliance with its contractual and statutory obligations; the contractor shall cooperate.
§ 13 Severability clause
Should individual provisions of these order conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, the valid provision that most closely reflects the economic purpose of the invalid provision shall be deemed agreed. The same applies to any gaps.
This document is a translation. In the event of discrepancies, the German language version is binding.
